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Home My WebLink AboutPO 6523: (Z15-11 - VAL C. TAYLOR, ET. AL.) SUP #228 te City of ""_ nrt rthur Texas INTEROFFICE MEMORANDUM Department of Development Services Division of Planning and Zoning Date: January 2, 2016 To: Brian McDougal, City Manager Mayor and City Council From: Ronald Burton, Director of Development Services RE: P.O. NO. 6523 — Amendment to the Zoning Ordinance granting a Specific Use Permit for 0.9486 acre of land located on the northeast corner of 39th Street and 9th Avenue. Nature of the request: A request is being made on behalf of Val C. Taylor, Et. Al. to amend the Zoning Ordinance of the City of Port Arthur by granting Specific Use Permit 228 (SUP #228) for 0.9486 acre of Land consisting of Lots 18 — 30, Block 25, Rosemont Addition, Port Arthur, Jefferson County, Texas. Staff Analysis/Considerations: None Recommendation: On December 7, 2015, the Planning and Zoning Commission unanimously (4:0) recommended approval for the requested change. The Port Arthur City Council held a public hearing on Tuesday, January 26, 2016. One property owner located within the 200 ft. radius of the proposed change spoke in opposition. Budget Consideration: None "Remember we are here to serve the Citizens of Port Arthur" P.O. BOX 1089 • PORT ARTHUR,TEXAS 77641-1089 • 409/983-8101 • FAX 409-982-6743 P.O.NO.6523 02/02/2016 PDL Page 1 of 6 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY GRANTING SPECIFIC USE PERMIT 228 (SUP #228) FOR 0.9486 ACRE OF LAND CONSISTING OF LOTS 18 - 30, BLOCK 25, ROSEMONT ADDITION, PORT ARTHUR, JEFFERSON COUNTY, TEXAS FOR THE DEVELOPMENT OF A DEPARTMENT, VARIETY OR DISCOUNT STORE IN THE PLANNED DEVELOPMENT DISTRICT - 14 (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 [52,000] DOLLARS); AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE. (Z15-11 —VAL C. TAYLOR, ET. AL.) SUP#228 WHEREAS, all requirements of Article XI of the Charter and the Zoning Ordinance of the City of Port Arthur, Texas, including Local Government Code, Sections 211.006 and 211.007, having been fulfilled, the City Council held a public hearing January 26, 2015 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, subsections (d) and (t) 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, the above referenced statutes 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 lots 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; now, therefore, P.O.NO.6523 02/02/2016—PDL Page 2 of 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That Specific Use Permit No. 228 be granted to allow for the development of a department, variety or discount store in the Planned Development District — 14 (PD-14) on the following tract of land: 0.9486 ACRE OF LAND CONSISTING OF THE LOTS 18 -30, BLOCK 25, ROSEMONT ADDITION PORT ARTHUR,JEFFERSON COUNTY, TEXAS EXHIBIT "A" SECTION 2. 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 3. That 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 4. That all ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. SECTION 5. That 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.6523 02/02/2016—PDL Page 3 of 6 SECTION 6. That 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 7. That because the proposed change to a regulation has not been protested in accordance with Section 211.006 of the Texas Local Government Code and Section 24-105 of the Zoning Ordinance, a three-fourths (3/4) majority (7 votes) is not required for the adoption of this Ordinance. READ, ADOPTED AND APPROVED this day of February A.D., 2016 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 APPROVE AS TO FORM: $ I. _ Valecia" IF" iz-no, Attorney P.O.NO.6523 02/02/2016—PDL Page 4 of 6 APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager Ronald "Ron" Burton, Director of Development Services P.O.NO.6523 02/02/2016-PD Exhibit "A" 411 rillrli gMIMI IIW me --F. S s > S Itft / • , • S - , P.O.NO.6523 02/02/2016-PDL Page 6 of 6 GRAPHIC SCALE: 1"=50' OP .,Io712676 �///////////// °� o Port Arthur, TX /// V 12 q Approved 50 0 50 NORTH a a KCM a ' ¢6 7.15.15 „EMI 9PGN0 0 IQ 139.95- —'AT ICE 10U42 C:73C i-8 e � In I1 I CO 1 1 I ` Ia o//pup''asRrts 1 I 1ILYi7412' I )!' 1 iril 4,1_? I § DoD I L I / I. Fe►a�zna�r.�e ' 802104• i ( / a 8,320 3.F. I 1IH i lh.' i ser1!r R.• W`JP 1 _��LI • 1 1 � 12 IJ_ _ 2 NC MCID® 1 7•WY I N l t �~g pQ I 1 ,. ur I I a � H. t 1 1 : _} 1 .+ l ‘► t I� 1 "'CPQ acv,5 'f- lIeVE CUM ■ 6 �w M T 1' Nd!mCWN 0,— ~ ~ SIGNALIZED ~ 7 9th AVENUE ~ — '' INTERSECTION ~ y aa► 10,680 VPD(2001) SOURCE:STDB STDBONLINE.COM jhtr► /)�MAXALLEY PARKIN` ZONING: PROPOSED SITE PLAN NOTES: REQUIRED 21 BULDING SETBACKS 1. FLOOD PLAIN -ZONE B vbcome•Sex 332 'CANR�fU4C eea Plia ?Dube.,Tm••'1S4O4 PROVIDED 25 FRONT 5' DIDBIOgic THE m NOT A"Darer. RZIODIT9 ONLY. 35130SPACE SIZE 9,.20• REAR N/A BOL 4000 MD 1n�so 3AVENUE 7.7e .-.sm m.1.4, PROTOTYPE: (L)SIDE N/A PORT ARTHUR,JEFFERSON COUNTY,TEXAS,77642 Fax 90,223.71C0 2015-02 (5)SIDE N/A LAT/LANG: 29.922973, -93.941202 I LOT SIZE 41,258 S.F./0.947 AC. DRAWN BY:T. FELPS ' DATE:07.15.15