HomeMy WebLinkAboutPO 6699: AMENDMENT TO ZONING ORDINANCE CREATING A PLANNED DEVELOPMENT DISTRICT 7800 WILLOW WOOD LANE _,--, t. _,,._.
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INTEROFFICE MEMORANDUM
Date: May 13, 2018
To: The Honorable Mayor and City Council
Through: Harvey L. Robinson, Interim City Manager
From: Ronald"Ron"Burton, Assistant City Manager/ !�A
Director of Development Services 0'
RE: P.O. No. 6699—Amendment to the Zoning Ordinance of the City of Port Arthur
creating a planned development district for a townhome development at 7800
Willow Wood Lane.
Introduction:
The intent of this Agenda Item is to request that City Council approve P.R. NO. 6699 for the
creation of Planned Development District No. 37 [PD-37] for approximately 4.658-acres of land
consisting of part of Lots 3, 4, 5, and 6, Block 12, Range "G", Port Arthur Land Company
Subdivision [A.K.A. 7800 Willow Wood Lane] in Port Arthur, Jefferson County, Texas.
The purpose of this request is to change existing zoning district from Multiple Family (MF)to
Planned Development District—37 (PD-37)to allow for the development/construction of a
townhome project called Willow Lane Townhomes.
The Port Arthur Planning and Zoning Commission conducted a public hearing for this request
on February 18, 2018. In a vote 3:1, the Commission recommend that this request be denied;
therefore, the affirmative vote of at least three-fourths of all members of the City Council (i.e.,
at least six [6] members) are required to adopt this Ordinance.
Background:
The Applicant is seeking a zoning change in order to develop a townhome project. The property
is currently zoned as MF and is surrounded by other properties zoned MF. It also neighbors a
single-family neighborhood zoned as SF— Single Family Residence. The proposed project will
consist of the following: 29 two-bedroom units totaling 782 sf; 14 two-bedroom units totaling
1081 sf; 10 three-bedroom units totaling 884 sf; 4 three-bedroom units totaling 1449 sf; and 3
"Remember,we are here to serve the Citizens of Port Arthur."
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
one-bedroom units totaling 722 sf in size for a total of 60 units. The homes will each have a one-
car garage.
The proposed project will be gated, and will have several amenities that will be maintained by
the HOA: gazebo with barbeque and picnic area; playground area; guest parking with lighting;
landscaping; curb and gutter streets; gated community.
Each home will have quality features such as hardwood floors in the living room, granite
countertops, front and rear porches, and window coverings.
The Port Arthur Planning and Zoning Commission conducted a public hearing for this request
on February 18, 2018. In a vote 3:1, the Commission recommend that this request be denied.
The Port Arthur City Council held a public hearing on May 8, 2018, at 9:00 a.m. There were
several adjacent property owners that spoke in opposition of the request. Property owners
voiced the following concerns:
• Street right-of-way(i.e. Willowood Lane)not being improved to meet City
Standards and not allowing adequate access to adjoining properties;
• Drainage issues throughout the area.
In accordance with Section 211.006(d) of the Texas Local Government Code, notification and
response cards were mailed to adjacent property owners within a 200 ft. radius of the proposed
site, as well as published in the Port Arthur Newspaper a minimum of 15 days prior to the public
hearing.
Planning Staff received seven(7) written responses in opposition of the proposed request and
two (2) written responses in favor.
Budget Impact:
Property owners have requested that the City Council address concerns as indicated above. The
budgetary impact has not yet been determined and will be provided by the Department of
Public Works.
Recommendation:
It is recommended that City Council approve P.R. NO. 6699 for the creation of Planned
Development District No. 37 [PD-37] for approximately 4.658-acres of land consisting of part
of Lots 3, 4, 5, and 6, Block 12, Range "G", Port Arthur Land Company Subdivision [A.K.A.
7800 Willow Wood Lane] in Port Arthur, Jefferson County, Texas.
"Remember,we are here to serve the Citizens of Port Arthur."
P.O.Box 1089 x Port Arthur,Texas 77641-1089 x 409.983.8101 x FAX 409.982.6743
P.O.NO.6699
05/13/2018 PDL
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF PORT ARTHUR BY CREATING PLANNED DEVELOPMENT
DISTRICT NO. 37 (PD-37) ON APPROXIMATELY 4.658-ACRES OF
LAND, PART OF LOTS 3, 4, 5, AND 6, BLOCK 12, RANGE "G", PORT
ARTHUR LAND COMPANY SUBDIVISION, 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 ($2,000.00] DOLLARS); AND PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF
PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER
PUBLICATION DATE.
(Z18-02) H&P ENGINEERING & CONSTRUCTION
WHEREAS,the Owner is the owner of certain real property consisting of approximately
4.658-acres of land, part of Lots 3, 4, 5, and 6, Block 12, Range "G", Port Arthur Land Company
Subdivision, Port Arthur, Jefferson County, Texas, commonly known as "Willow Lane
Townhomes" and as more particularly identified and described in Exhibit "B"; and,
WHEREAS, the Property will be subdivided and developed by Owner, its affiliates or
their successors and assigns, for construction and use in general accordance with the Appendix
"A", Section 19 of the City's Zoning Ordinance; and,
WHEREAS,the owner has submitted an application to the City to rezone the Property to
Planned Development District("PD"), designating it"PD-37"; and,
WHEREAS, pursuant to Appendix "A", Section 19 of the City's Zoning Ordinance, the
Owner has submitted a Comprehensive Site Plan(Exhibit "B"), of the development that sets forth:
the specific categories of land use to be permitted; requirements for ingress and egress to the
property; public streets with adequate rights-of-way in conformance with the thoroughfare plan;
private streets or driveways; sidewalks; utilities; drainage; parking space; height of building;
P.O.NO.6699
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maximum lot coverage, yards and open spaces, screening walls or fences and other development
and protective requirements considered necessary to create a reasonable transition to the protection
of the adjacent property; and,
WHEREAS, all the 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 May 8, 2018, 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,after public notice,the Planning and Zoning Commission conducted a public
hearing on February 19, 2018 and recommended the proposed request be denied; and,
WHEREAS, pursuant to subsections (d) and (f) of Section 211.006 Local Government
Code, Section 24-105 of the City's 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 six [6] members) if the proposed change is protested in accordance with said subsection
(d) or if the City's Planning and Zoning Commission recommends that the proposed change to a
regulation or boundary be denied; and,
WHEREAS, the City Council has reviewed this proposed Ordinance and has determined
that it promotes the health,safety,and general welfare of the citizens of Port Arthur;complies with
the intent of the City of Port Arthur Comprehensive Plan; and is necessary in light of changes in
the neighborhood; and,
WHEREAS,the City Council finds that this proposed Ordinance ensures the compatibility
of land uses, and allows for the adjustment of changing demands to meet the current needs of the
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community be meeting the following purpose in accordance with Appendix "A", Section 19-200
of the City's Zoning Ordinance.
NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
SECTION 1. That the zoning designation on the following tract of land located in the
City of Port Arthur,Jefferson County,Texas be and the same is changed from the Multiple Family
(MF)District to Planned Development District No. 37 (PD-37):
LOTS 3-6, BLOCK 12, RANGE "G",
PORT ARTHUR LAND COMPANY SUBDIVISION
PORT ARTHUR, JEFFERSON COUNTY, TEXAS
7800 WILLOW WOOD LANE, PORT ARTHUR, TX
EXHIBIT "A"
SECTION 2. That Planned Development District No. 37 (PD-37) District shall be
created subject to the variances and alternative standards, as delineated in Exhibit "C".
SECTION 3. That the Building Official and the Director of Development Services 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 Commission,
so as to reflect on said Map, the changes hereby made in conformity with the legend of said map.
SECTION 4. 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,district,and independent provision and such holding shall
not affect the validity of the remaining portions hereof
SECTION 5. That all ordinances and parts of ordinances in conflict herewith are hereby
repealed, but only to the extent of such conflict.
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SECTION 6. 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 [$2,000.00] 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.
SECTION 7. That this Ordinance or its caption and penalty shall be published at least one
(1) time within ten 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. That pursuant to Section 211.006(d) of the Texas Local Government Code,
if a proposed change to a regulation or boundary is protested in accordance with this subsection,
the proposed change must receive, in order to take effect, the affirmative vote of at least three-
fourths of all members of the governing body. The protest must be written and signed by the
owners of at least 20 percent of either: (1) the area of the lots or land covered by the proposed
change; or(2)the area of the lots or land immediately adjoining the area covered by the proposed
change and extending 200 feet from that area.
SECTION 9. That in accordance with Section 211.006(d)of the Texas Local Government
Code, notification and response cards were mailed to adjacent property owners within a 200 ft.
radius of the proposed site, as well as published in the Port Arthur Newspaper a minimum of 15
days prior to the public hearing. Planning Staff received seven(7)written responses in opposition
of the proposed request and two (2) written responses in favor.
SECTION 10. That because Section 211.006 (d-f) of the Texas Local Government Code
and Section 24-105 of the Zoning Ordinance applies, the affirmative vote of at least three-fourths
of all members of the City Council (i.e., at least six [6] members) are required to adopt this
Ordinance.
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READ, ADOPTED AND APPROVED this day of May A.D., 2018 at a Regular
Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES:
Mayor
Councilmembers
Noes
Derrick Ford Freeman, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED AS TO FORM:
4 Lim. _ 1941 .1)4/1411
Valecia'0:1" Tizeno, CityAttorney
Y
APPROVED FOR ADMINISTRATION:
Harvey Robinson, Interim City Manger
Ronald"Ron" Bu , Assistant City Manager/
Director of Dev= opment Services
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EXHIBIT "A"
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EXHIBIT "B"
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Willow Lane Town homes
Port Arthur, Texas
Introduction
Located in Port Arthur, Texas in multi-family zoning adjacent to condominiums, apartments and
single family residents, is a 4.658 acre townhome development that merges the surrounding area.
H&P townhomes will enhance living opportunities for residents seeking a larger home-like
atmosphere but still provides many luxuries similar to neighboring condominiums and apartments.
The single-family arrangement will feature low maintenance yards for each unit yet still have the
feeling of openness and beauty due to the landscaped common areas. The following site facilities &
amenities will be maintained by the HOA:
• Gazebo with Barbeque & Picnic Area
• Playground Area
• Guest Parking with Lighting
• Landscaping
• Curb and Gutter Streets
• Gated Community
The exterior of homes will be vibrant and with a blend of the appealing feature of ledger stone and
a welcoming color using hardi-board. Moving along into the interior of the homes you will find the
following amenities:
• One Car Garage
• Spacious Rooms for 1, 2 & 3 Bedrooms
• Hardwood Floors in Living Room
• Ceiling Fans in Bedrooms
• Walk-in-Closets
• Washer/ Dryer Connections
• Granite Countertops
• Wired for High-Speed Internet&Satellite Cable
• Front & Rear Porch
• Safe Entry Locks
• Window Coverings
• Pet Friendly
• On Site Maintenance
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Property Legal Description
4.658 (CALLED 4.662)ACRES OF LAND
OUT OF BLOCK 12, RANGE "G",
PORT _ARTHUR LAND COMPANY SUBDIVISION,
CITY OF PORT ARTHUR,
JEFFERSON COUNTY,TEXAS
BEING 4.658(Called 4.662)acres of land out of and a part of Lots 3,4, 5 and 6,Block 12,Range"G",
Port Arthur Land Company Subdivision, City of Port Arthur, recorded in Volume 1, Page 22, Map
Records, Jefferson County, Texas; being the same land conveyed to H & P Engineering &
Construction, Inc., recorded in File No. 2005008857, Official Public Records, Jefferson County,
Texas; said 4.658 acre tract being more fully described by metes and bounds as follows,to wit:
BEGINNING at a 1/2" steel rod, capped and marked "SOUTEX", found for the Northwest corner of
Landsdowne Estates,recorded in Volume 12,Page 88,Map Records, Jefferson County, Texas, on the
South right of way line of an unimproved roadway, not opened,named Rice Farm Road; said 1/z"steel
rod being the Northeast corner of the herein described tract; having a State Plane Coordinate of N:
13929043.12, E: 3560830.52;
THENCE, South 53 deg., 08 min., 03 sec., East(Called South 48 deg., 47 min., 00 sec.,East),on the
West line of said Landsdowne Estates,a distance of 456.75' (Called 456.81')to a 1/2"steel rod,capped
and marked "SOUTEX", found for the Northeast corner of Landsdowne Place Condos, recorded in
Volume 2C, Pages 184 and 185, Condominium Records, Jefferson County, Texas; said 1/2" steel rod
being the Southeast corner of the herein described tract;
THENCE, South 36 deg., 52 min.,47 sec.,West(Called South 41 deg., 13 min.,00 sec., West),on the
North line of said Landsdowne Place Condos,a distance of 459.77' (Called 460.00')to a 1/2"steel rod,
capped and marked"SOUTEX", found on the East right of way line of a 40' wide improved right of
way named Willowood Lane, recorded in Film Code 100-50-1961, and Film Code 100-48-2555,
Official Public Records, Jefferson County, Texas; said 1/z"steel rod being the Southwest corner of the
herein described tract;
THENCE,North 53 deg.,07 min., 13 sec.,West(Called North 48 deg.,47 min., 00 sec., West), on the
East line of said 40' right of way, a distance of 426.09' to a 1/2" steel rod, capped and marked
"SOUTEX", found on the intersection of the East right of way line of said Willowood Lane and the
South right of way line of said Rice Farm Road; said 1/z"steel rod being the Northwest corner of the
herein described tract;
THENCE,North 33 deg., 03 min., 47 sec.,East(Called North 37 deg., 23 min., 44 sec., East), on the
South right of way line of said Rice Farm Road, a distance of 460.68' (Called 461.02')to the POINT
OF BEGINNING and containing 4.658 acres of land,more or less.
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Comprehensive Site Plan
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EXHIBIT "C"
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Variances/Alternative Standards
Section Description Requirement Modification Justification/
Staff Analysis
Allows for increased common
area to enable space for
Zoning Appendix gazebo&picnic area;
"A" Sec. 12-2017 Area(sq.ft.) 2000 1600 provides for smaller low
maintenance yards for
seniors,busy professionals,
etc.
Allows for designated
common area for recreation;
allows for larger landscaped
areas;retains spacious units;
provides smaller low
Zoning Appendix Coverage(%) 40%Max 55% maintenance private yards.
"A" Sec. 12-201
Developer is responsible for
providing adequate drainage
and will not cause
drainage/flooding problems
for surrounding properties.
5' minimum and Retains common areas and
Setback: Side 10' of common allows for landscaping;
Zoning Appendix yard adjacent to 20 area between the decrease setback allows for
"A" Sec. 12-203 denser housing product type
street property line and and will provide smaller, low-
the street maintenance yards.
Parking in front of the
building setback line allows
One space located for the additional space in
behind the common area for residents
Two spaces per building setback and visitor parking.
Designated dwelling unit line and one space
Zoning Appendix located behind Each unit will have a one-car
location for located in front of
"A" Sec. 7-100; minimum setback garage within setback
Sec. 8; Sec. 8-106 required off street lines as the building requirement plus parking
parking locations established by setback line&a space on driveway in front of
zoning district minimum ratio of building setback line. This
0.25 spaces within allows efficient use of land
common areas and allows for smaller yards,
plus additionally allows for
visitor parking areas.
Min. right-of-way Private roadway utility with
Chapter 98 width of 60' with independent water easements
"Subdivisions" Right of Way 50' exceptions for Min. right-of-way provide adequate access to
Sec. 98-211 streets with width of 27' properties for maintenance of
ultimate length of utilities.
600ft or less...