HomeMy WebLinkAboutPO 6336: SPECIFIC USE PERMIT SUP# 219 TO ALLOW WFOR A BARBER SHOP AT 3632 THOMAS BOULEVARD City of Port Arthur, Texas
Planning & Zoning Division
Memo
To: Floyd T. Johnson, City Manager, Mayor and City Council
From: Ronald Burton, Director of Planning
Date: 09/11/2013
Re: P.O. NO. 6336 — Request for Specific Use Permit (SUP# 219) to allow for a Barber Shop at
3632 Thomas Boulevard.
A request is being made on behalf of Angela Balloue to amend the Zoning Ordinance by granting
Specific Use Permit — 219 (SUP# 219) for 0.1607 acre of land consisting of Lot 4, Block 588, Model
Addition, City of Port Arthur.
BACKGROUND:
On July 15, 2013, the Planning and Zoning Commission voted 3:1 to recommend approval of the
proposed change. The purpose of this request is to allow for a Barber Shop in the (2F) Two - Family
Residential District, with the appropriate off - street parking requirements.
The purpose of a (2F) Two - Family residential district is to provide a standard appropriate for the
existing two - family dwellings and to encourage a further development of quality duplex dwellings.
RECOMMENDATION
The Planning and Zoning Commission voted 3:1 recommended approval of Z13 -05 for the request to
amend the Zoning Ordinance.
PUBLIC COMMENT
Nineteen (19) property owners were notified of the proposed request. The following is a summary of
responses received:
Speaking (P &Z HEARING — 07/15/2013):
Protest 0 (property owners within 200 feet of site)
In Favor 2 (one (1) property owner within 200 feet of site; property owner)
Written:
Protest 0 (property owner within 200 feet of site)
In Favor 0 (property owner within 200 feet of site)
The City Council held a public hearing for this issue on Tuesday, September 3, 2013. No one
commented against the proposal.
BUDGET /FISCAL EFFECT: None
STAFFING /EMPLOYEE EFFECT: None
SUMMARY
Approval of the requested zoning ordinance amendment will allow for the owner(s) to construct a
Barber Shop in the (2F) Two - Family Residential District, with the appropriate off - street parking
requirements.
According to section 21 1.006 of the Texas Local Government Code, a written or signed protest of at
least 20 percent of the property owners of either: 1) The area of the lots or land covered by the
proposed change; or 2) The area of the Tots or land immediately adjoining the area covered by the
proposed change and extending 200 feet from that area.
Since there was no objecting property owners accounting for at least 20 percent of the property within
200 feet of the lots for which rezoning is requested, an affirmative vote of three - fourths of City Council
is not necessary for this zoning change to be approved. In other words, a simple majority vote of the
Council is sufficient for approval of the zoning change.
Attachments
P.O. NO. 6336
09/11/2013 pdl
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF PORT ARTHUR BY GRANTING SPECIFIC USE PERMIT
219 (SUP# 219) TO ALLOW FOR THE OPERATION OF A BARBER
SHOP IN A TWO- FAMILY RESIDENTIAL DISTRICT ON 0.1607
ACRE OF LAND OUT OF LOT 4, BLOCK 588, MODEL ADDITION,
PORT ARTHUR, JEFFERSON COUNTY, TEXAS (VIOLATION OF
THIS ORDINANCE OR THE ZONING ORDINANCE OF THE CITY
OF PORT ARTHUR IS PUNISHABLE AS PROVIDED IN SECTION 1-
13 OF THE CODE OF ORDINANCES AS AMENDED BY FINE NOT
EXCEEDING TWO THOUSAND [$2,000] DOLLARS); AND
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER
OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY
AFTER PUBLICATION DATE.
(Z13 -05 — ANGELA BALLOUE)
3632 THOMAS BOULEVARD
SUP # 219
WHEREAS, all requirements of Article XI of the Charter and the Zoning Ordinance, of the
City of Port Arthur, Texas, including the Local Government Code, Sections 211.006 and 21 1.007,
having been fulfilled, the City Council held a public hearing September 3, 2013 at 9:00 A.M.;
and,
WHEREAS, the proposed change may be protested in accordance with subsection (d) of
said Section 211.006; and,
WHEREAS, having received and considered the recommendation of the Planning and
Zoning Commission that the proposed change be approved, the City Council finds that it would be
in the public interest and general welfare of the City to change the Zoning designation of the
hereinafter described property; and,
WHEREAS, subsections (d) and (f) of Section 211.006 Local Government Code and
Section 24 -105 of the City Zoning Ordinance are applicable for the proposed change to take
effect; and,
WHEREAS, these laws require the affirmative vote of three - fourths of all members of the
City Council (i.e. at least seven [7] members) if the proposed change is protested in writing and
signed by the owners of at least 20% of either: (1) the area of the Tots or land covered by the
proposed change; or (2) the area of lots or land immediately adjoining the area covered by the
proposed change and extending 200 feet from that area; and,
P.O. NO. 6336
09/11/2013 pol
Page 2 of 5
WHEREAS, in this particular case, one (1) property owner, accounting for less than 20% of
the area of lots or land immediately adjoining the area covered by the proposed change and
extending 200 feet from that area, protested this request, therefore, a three - fourths affirmative
vote of all members of the City Council is not needed; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
SECTION 1. That Specific Use Permit No. 219 be granted to allow for the operation of
a Barber Shop in the (2F) Two - Family Residential District on the following tract of land:
0.1607 ACRE OF LAND CONSISTING OF
LOT 4, BLOCK 588, MODEL ADDITION,
PORT ARTHUR, JEFFERSON COUNTY, TEXAS
SECTION 2. A minimum of three (3) off - street parking spaces is required to
accommodate proposed floor area; parking in the alley R.O.W is not permitted.
SECTION 3. That the Building Official and the Director of Planning are authorized and
directed to make all necessary changes to the "Zoning Map, City of Port Arthur, Texas," on file in
the offices of the Building Official and the Planning and Zoning Division, so as to reflect on said
Map, the changes hereby made in conformity with the legend of said Map.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision and such holding
shall not affect the validity of the remaining portions hereof.
SECTION 5. All ordinances and parts of ordinances in conflict herewith are hereby
repealed, but only to the extent of such conflict.
SECTION 6. Any person, firm or corporation who violates any provision of this
Ordinance or the City's Zoning Ordinance shall be guilty of a misdemeanor and shall be punished
by a fine not exceeding Two Thousand ($2,000) Dollars as provided in Section 1 -13 of the Code
of Ordinances, and each day such violation shall be permitted to exist shall constitute a separate
offense.
P.O. NO. 6336
09/11/2013 pdl
Page 3 of 5
SECTION 7. This ordinance or its caption and penalty shall be published at least one (1)
time within ten (10) days after final passage hereof in the official newspaper of the City of Port
Arthur. This Ordinance shall take effect immediately after the date of such publication.
SECTION 8. Because Section 24 -105 of the Zoning Ordinance does not apply, three -
fourths majority vote (seven (7) votes) will not be required to adopt this Ordinance.
READ, ADOPTED AND APPROVED this day of September A.D., 2013 at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES:
MAYOR:
COUNCILMEMBERS:
NOES:
Deloris "Bobbie" Prince, MAYOR
ATTEST:
Sherri Bellard, CITY SECRETARY
APPROVED AS TO FORM:
4 _�.mb./
Valecia Tizeno, CITY ATT ' EY
P.O. NO. 6336
09/11/2013 pol
Page 4 of 5
APPROVED FOR ADMINISTRATION:
Floyd T. Johnson, CITY MANAGER
461
Ronald Burton, DIRECT. R • F DEVELOPMENT SERVICES
P.O. NO. 6336
09/11/2013 pdl
Page 5 of 5
EXHIBIT "A"
50'
EXIST. 20' ALLEY
r,/
PROP. SHOP ;
/
, a I
PROP. PARKING SPACE
1 1
LL
. PROP. PARKD1G SPACE
LLI
Q 11.111,11111.
1
b I r - 0
x
W
EXIST. HOUSE
>.
3
1
1
3632 THOMAS BLVD.
LOT 4, BLK 588
MODEL ADDITION
SITE PLAN
SCALE: 1 " =20'