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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 \ T I "ill j 1 t I 1 , / / LL -{--. 1, -1'1" —977,.. , :, •• 3577:56755—4-T7——-.77 tr-.71" :5.—-;3*-- :) ) .: .... ...„,.._ , 3 1 ST STREET b, -..„ --- • , /6 1 17 18 ) 16 17 id ' 16 :117 18- \ 83 i! • 1 u j , ti5 V •i-4-J \ 3 IL I It : D in vs D IV .'' ' il Z 'n 113' I..5 Jr' Z 1 113' -.. 113' n Z 1(1 •13" ( 1/3' In L.L.1 ' . I i ■ u j I I . ` > > - > < < 'ti < ;i 1 I I rt I I I I i , . , r-- ./' ,., :4,) . _ . 1 , !I . . . r/ f = I = 0 I I j II —14-1=1=t- t .. 7 Il Qi 0 co; k0 1 \ 7 - , ' rK - , .„ • ■ I-- H- I 2 in 1 i 0■ i ,4-' 1 tn. 3 1 1 „ , kr) cc 1 ' xli n U.: 1 iF ei3 1, 1/3. t4- 0 . •13 ' / 3 ' ' , 113 )111 113 i t .c „ In in in •i in I 1 I , • 1 p „5,7'7irli su. ,t"83 "1 , 83 w) s 0.`°83 ,' MI I ir)...4 / • s • th •••••,-- ' " o3 M I, .1 ,1 ,c 2.5, /.. i 2 :1 I .2 2 : 1 2 :11 / 32 t .1 ...) $ )1 '016 SO • I 29 TH 1,TREET r ---, l' i 4-it ,56.6i f i I, [r. ... I, 1 ) ,t - - I 5 : HE /.. - I . I bri I I - 1 1 I :; i . 'I i 1-.• di ilh I 1 b f 1 1 1 1 I F-- auijismArmmm.-Nmml..... .....4:....,.,......;Z--- r...11 I-Pe-- 1/' rr 7L-7--*`‘ --I"- -0/•--1 -. i-i 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