HomeMy WebLinkAboutORD 6412: SPECFIC USE PERMIT FOR A DAYCARE NURSERY/KINDERGARTEN IN SINGLE FAMIL DISTRICT, Z14-04-NICHOLE PEREZ 3011 KEYSTONE AVENUE SUP #222 INTEROFFICE MEMORANDUM
TO: JOHN A. COMEAUX, P.E., INTERIM CITY MANAGER AND CITY COUNCIL
FROM: RONALD BURTON, DIRECTOR OF DEVELOPMENT SERVICES
SUBJECT: P.O. NO. 6412 — REQUEST FOR A SPECIFIC USE PERMIT (SUP #222) TO ALLOW FOR
A DAYCARE CENTER AT 3011 KEYSTONE AVENUE.
DATE: 9/22/2014
BACKGROUND:
A specific use permit is being requested for approximately 0.1 237-acre of land consisting of Lot
31, Block 9, Park Place 2 Addition. The property is located north of 29th Street and west of
Memorial Boulevard in the Park Place 2 Addition of Port Arthur, TX. This property is located in a
Single-Family Zoned District. The purpose of this request is to establish a daycare center at 3011
Keystone Avenue.
Applicant/Owner(s) — Nichole Perez
RECOMMENDATION:
On Monday, August 4, 2014, the City of Port Arthur Planning and Zoning Commission held a
public hearing to discuss the above mentioned case. In a vote of 4:1, the Commission is
recommending approval of this request for Specific Use Permit — 222 (SUP #222) with the
following stipulation:
• Parking spaces must increase with the increase of attendance.
BUDGETARY/FISCAL EFFECT: None
STAFFING/EMPLOYEE EFFECT: None
SUMMARY:
The request conforms to all zoning requirements, hence approval of this case is recommended.
P.O.NO.6412
09/22/2014—PDL
Page 1 of 5
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF PORT ARTHUR BY GRANTING SPECIFIC USE PERMIT FOR A
DAYCARE NURSERY/KINDERGARTEN IN SINGLE FAMILY DISTRICT ON
LOT 31, BLOCK 9, PARK PLACE 2 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.
(Z14-04 — NICHOLE PEREZ)
3011 KEYSTONE AVENUE
SUP #222
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 211.007,
having been fulfilled, the City Council held a public hearing September 16, 2014 at 6:00 P.M.;
and,
WHEREAS, the proposed change has not been 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, pursuant to subsection (d) and (f) of Section 211.006 Local Government Code,
Section 24-105 of the City Zoning Ordinance requires, in order for the proposed change to take
effect, the affirmative vote of at least three-fourths of all members of the City Council (i.e., at
least seven [7] members) if the proposed change is protested in accordance with said subsection
(d) or the City's Planning and Zoning Commission recommends that the proposed change to a
regulation or boundary be denied; now, therefore,
P.O.NO.6412
09/22/2014—PDL
Page 2 of 5
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
SECTION 1. That Specific Use Permit No. 222 is granted for the DAYCARE
NURSERY/KINDERGARTEN in the Single Family, "SF" District on the following tract of land:
LOT 31, BLOCK 8, PARK PLACE 2 ADDITION
PORT ARTHUR,
JEFFERSON COUNTY, TEXAS
LOCATED ON THE WEST SIDE OF KEYSTONE AVENUE
NORTH OF 29TH STREET
EXHIBIT "A"
SECTION 2. In accordance of Appendix A: Section 8(15), off-street parking and
loading requirements must be enforced as delineated in "Exhibit "B".
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.6412
09/22/2014—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, seven
(7) votes are not required to adopt this Ordinance.
READ, ADOPTED AND APPROVED this day of September A.D., 2014 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 S TO FORM:
Valecia "Val" Tizen•OCity Attorney
APPROVED FOR ADMINISTRATION:
John A. Comeaux, P.E., ity Manager
•47
Ronald Burton, DirectoA \)evelopment Services
P.O.NO.6412
09/22/2014-PDL
Page 4 of 5
EXHIBIT "A"
LOCATION: 3011 KEYSTONE AVENUE
LEGAL DESCRIPTION: LOT 31, BLOCK 8, PARK PLACE 2 ADDITION
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P.O.NO.6412
09/22/2014—PDL
Page 5 of 5
EXHIBIT "B"
PART II-CODE OF ORDINANCES
APPENDIX A-ZONING
SECTION 8. OFF-STREET PARKING AND LOADING REGULATIONS
SECTION 8. OFF-STREET PARKING AND LOADING REGULATIONS
The required minimum number of off-street parking spaces for each use shall be provided on each
tract, or on a contiguous tract in accordance with the following table. Specific parking groups are identified
for each use in section 7-100.
(1) One-half spaces per dwelling unit; limited to housing for the elderly upon approval of the
planning and zoning commission.
(2) Two spaces per dwelling unit.
(3) Thirty spaces.
(4) Six spaces per lane.
(5) One space for each bed.
(6) One space for each three seats in the main sanctuary.
(7) One space for each six rooms or beds.
(8) One space for each room, unit or guest accommodation plus specified requirements for
restaurants and related facilities.
(9) One space for each two persons normally accommodated in services.
(10) One space for each three seats under maximum seating arrangement.
(11) One space for each four person as to be normally accommodated in the establishment.
(12) One space for each 200 square feet of floor area.
(13) One space for each 300 square feet of floor area
(14) One space for each 400 square feet of floor area.
(15) One space for each six children or one space for each employee, whichever is greater and one
off-street drop-off space for each 25 children.
(16) One space for each classroom, laboratory or instruction area, plus one space for each five
students accommodated in the institution.
(17) One space for each two employees or one space for each 1,000 square feet of floor area,
whichever is greater.
(18) One space for each classroom plus one space for each four seats in any auditorium,
gymnasium or other place of assembly.
(19) Ten spaces, plus one space for each employee.
(20) Ten spaces; plus one space for each 200 square feet of floor area over 2,000 square feet.
(21) Ten spaces, plus one space for each 500 square feet of floor area.
(22) One space for each room.
(23) One space for each 2,000 square feet of lot area.
(24) One space for each four students.
(25) One space for each 1,000 square feet of nonoffice floor area, plus one space for each 300
square feet of office space.
(26) One space for each 5,000 square feet of lot area.
Port Arthur,Texas,Code of Ordinances Page 1