HomeMy WebLinkAboutPR 17467: CALLING FOR A PUBLIC HEARING TO CONSIDER SPECIFIC USE PERMIT FOR COMMUNITY EVENT CENTER INTEROFFICE MEMORANDUM
TO: THE CITY OF PORT ARTHUR - CITY MANAGER & CITY COUNCIL
FROM: RONALD BURTON, DIRECTOR OF PLANNING
SUBJECT: P.R. 17467 RESOLUTION CALLING A PUBLIC HEARING FOR PLANNING ITEM
Z13 -01 (SUP# 214) - SPECIFIC USE PERMIT REQUESTED FOR - COMMUNITY
EVENT CENTER, 3648 39TH STREET, 0.5527 ACRE OF LAND CONSISTING OF
TRACT 1 -A AND LOTS 3 AND 4, BLOCK 1, ALAMO HEIGHTS ADDITION, CITY OF
PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED SOUTH OF
39TH STREET AND WEST OF 9TH AVENUE).
DATE: 01/02/2013
Attached is P.R. No. 17467 calling for a public hearing to reconsider granting a Specific Use
Permit - 214 (SUP# 214) for 0.5527 acre of Land consisting of Tract 1 -A and a portion of
Lots 3 and 4, Block 1, Alamo Heights Addition, City of Port Arthur, Jefferson County, Texas.
The purpose of this request is to establish a Community Event Center.
The City Council is being asked to reconsider a request for a Specific -Use Permit to allow a
Community Event Center on the southwest corner of the Ninth Avenue and 39th Street
intersection. This property is located in Planned Development District 14, which requires a
Specific Use Permit for all uses and activities normally allowed in districts zoned for Light
or Heavy Commercial (LC or HC) or for Industrial (I) land use. A Community Event Center
or Social Club Meeting Place must be located in an LC, HC or I zoned district. The zoning for
adjacent properties is PD -14 to the north, south and east and Two Family (2F) to the west.
This proposed community event center is located in Council District #3, represented by
council members for District 3, District 6 and Position 8.
BACKGROUND:
On May 21, 2012, the Planning and Zoning Commission unanimously recommended that
City Council approve the requested change; however, the request was denied by City
Council on July 10, 2012. During Council discussion, questions were raised concerning the
flow of traffic in the parking lot and the number of available parking spaces.
The Zoning Ordinance, Section 24 -107 Limitations on reapplication, states that after council
denies a requested zoning change, a year must pass before the issue can be reconsidered.
However, the applicant can request an earlier reconsideration if new conditions have
"substantially" changed or if new information is available.
On December 17, 2012, the Planning and Zoning Commission voted unanimously to grant a
waiver to Betty and Harold Garcia, who have submitted new information concerning the
issues raised by council when their SUP request was denied. The P &Z commissioners
voted unanimously to recommend that council approve the Garcia's SUP request.
The purpose of this current resolution is for the City Council to consider calling a public
hearing as part of the process to reconsider granting an SUP for a Community Event Center
for 3648 Ninth Ave.
RECOMMENDATION: The P &Z Commission and Planning staff recommend approval of this
request for Specific -Use Permit #214 with the following stipulations:
1. Hours of Operation: 8:00 a.m. to 10:00 p.m. (7 days per week)
2. Only pre- cooked /prepared food allowed on premises
3. No Smoking
4. No hard liquor (beer /wine only)
5. No live bands
The Garcias have agreed to the above limitations and will provide a detailed site plan for
the four tracts they own in the 3600 block of Ninth Avenue. They will also submit a floor
plan of the 1,900 square -foot building that was previously used as a doctor's office.
Although the existing number of parking spaces is almost double the spaces required by
city ordinance, the applicants will consider constructing additional parking on the vacant
lots they own in that block of Ninth Avenue.
BUDGETARY /FISCAL EFFECT: None
STAFFING /EMPLOYEE EFFECT: None
SUMMARY: The request conforms to all zoning requirements, hence approval of this case is
recommended.
2
P.R. NO. 17467
12/21/2012 -PDL & PEB
RESOLUTION NO.
A RESOLUTION CALLING FOR A PUBLIC HEARING TO
RECONSIDER GRANTING SPECIFIC USE PERMIT 214 (SUP#
214) FOR BETTY AND HAROLD GARCIA FOR THE
OPERATION OF A COMMUNITY EVENT CENTER ON 0.5527
ACRE OF LAND CONSISTING OF TRACT 1 -A AND A PORTION
OF LOTS 3 AND 4, BLOCK 1, ALAMO HEIGHTS ADDITION
(A.K.A. 3648 39" STREET), PORT ARTHUR, JEFFERSON
COUNTY, TEXAS
Z13 -01 [SUP# 214]
WHEREAS, the applicants - Betty and Harold Garcia are requesting that the City of
Port Arthur consider granting a Specific Use Permit for a community event center to be located
on 0.5527 acre of land consisting of Tract 1 -A and a portion of Lots 3 and 4, Block 1, Alamo
Heights Addition (A.K.A. 3648 9 Avenue) in Port Arthur, Jefferson County, Texas as delineated
in Exhibit "A "; and,
WHEREAS, the applicant has submitted information showing that conditions have
"substantially" changed; and,
WHEREAS, the Zoning Ordinance allows the request to be reconsidered within a year of
Council's denial in the event additional information becomes available or conditions have
changed; and,
WHEREAS, pursuant to Chapter 211 of the Texas Local Government Code, a public
hearing must precede any zoning change; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT the facts and opinions in the preamble are true and correct.
THAT the Planning and Zoning Commission reviewed this case on January 7, 2013.
P.R. NO. 17467
12/21/2012 -PDL & PEB
Page 2 of 4
THAT a public hearing to consider whether to grant applicants a specific use permit
on 0.5527 acre of land consisting of Tract 1 -A and a portion of Lots 3 and 4, Block 1, Alamo
Heights Addition (A.K.A. 3648 9 Avenue) in Port Arthur, Jefferson County, Texas as
delineated in Exhibit "A" shall be held on February 5, 2013 at 6:00 p.m. in the City Council
Chambers, Fifth Floor, City Hall, 444 Fourth Street.
THAT notice of the public hearing shall be published at least fifteen days prior in the
official newspaper of the City before going to the City Council.
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED AND APPROVED this day of , A.D. 2013,
at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: MAYOR
COUNCILMEMBERS:
NOES:
Deloris "Bobbie" Prince,
Mayor
P.R. NO. 17467
12/21/2012 -PDL & PEB
Page 3 of 4
ATTEST:
Sherri Bellard,
City Secretary
APPROVED AS TO FORM:
( A 39 .
\rod-
Valecia Tizeno,
City Attorney
APPROVED FOR ADMINISTRATION:
Floyd T. Johnson,
City Manager
#
Ronald : , rton,
Director of Planning
P.R. NO. 17467
12/21/2012 —PDL & PEB
Page 4 of 4
Exhibit "A"
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