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Home My WebLink About08-05-2019 REGULAR MEETING Planning & Zoning Commission Regular Meeting August 5, 2019 CITY OF PORT ARTHUR, TEXAS 444 4th STREET • FIFTH FLOOR - CITY COUNCIL CHAMBERS • PORT ARTHUR, TEXAS 77640 Staff Report: R19-25/Port Acres Page 1 of 6 PLANNING & ZONING COMMISSION CASE NO. R19-25 August 5, 2019 Regular Meeting Staff Report REPORT DATE: 08/02/2019 PROPERTY OWNER: Joseph Crook APPLICANT: -Same- SURVEYOR/ENGINEER: Soutex Surveyors & Engineers PROPERTY LOCATION: 2092 Norma Street (Port Acres) REQUEST TYPE: Approval of replat of Lots in Port Acres Subdivision NATURE OF REQUEST: The Planning and Zoning Commission is being asked to consider a replat request for the following: Replat of: All of Lot 17 and the North ½ of Lot 18, Block 32, Port Acres New Tract Name(s): Tracts 17-A, Block 32, Port Acres Lot Dimensions: Multi-demensional Total Acreage: 0.2423-Acre of Land (10,555 SF) Current Zoning: “LC” Light Commercial Proposed Zoning: No Change Abutting Zoning: North/South/West: “LC” Light Commercial East: “I” Industrial Comprehensive Plan Future Land Use: Retail/Commercial Purpose of replat: To combine one and one-half Lots (1 ½) into one (1) Tract of Land for commercial development. BACKGROUND INFORMATION: On Wednesday, July 17, 2019, twenty-seven (27) notices were mailed to adjacent property owners within a 200 ft. Radius, as well as published in the Port Arthur News; more than fifteen (15) days before the P&Z public hearing scheduled for August 5, 2019. 444 4th Street • 5th Floor – City Council • Port Arthur, TX 77640 • www.portarthurtx.gov Staff Report: R19-25/Port Acres Page 2 of 6 FISCAL IMPACT/BUDGET IMPLICATIONS: N/A RECOMMENDED ACTION: Staff recommends approval of the proposed Replat which complies with Section 212.014 of the Texas Local Government Code and Appendix A, Section 15 of the Port Arthur Code of Ordinances. ATTACHMENTS: Attachment 1: Proposed Replat Attachment 2: Zoning Designation (Layout) Attachment 3: Aerial Photograph Attachment 4: Public Notice (Newspaper) Staff Report: R19-25/Port Acres Page 3 of 6 ATTACHMENT 1 Staff Report: R19-25/Port Acres Page 4 of 6 ATTACHMENT 2 Staff Report: R19-25/Port Acres Page 5 of 6 ATTACHMENT 3 Staff Report: R19-25/Port Acres Page 6 of 6 ATTACHMENT 4 Staff Report: R19-26/Port Acres Page 1 of 6 PLANNING & ZONING COMMISSION CASE NO. R19-26 August 5, 2019 Regular Meeting Staff Report REPORT DATE: 08/02/2019 PROPERTY OWNER: Excellent Property Developer, LLC APPLICANT: -Same- SURVEYOR/ENGINEER: Soutex Surveyors & Engineers PROPERTY LOCATION: 5891/5961/5965/5997 Jade Avenue (Port Acres) REQUEST TYPE: Approval of replat of Lots in Port Acres Subdivision NATURE OF REQUEST: The Planning and Zoning Commission is being asked to consider a replat request for the following: Replat of: Part of Lot 6, Block 17, Port Acres New Tract Name(s): Tract 6-A, Block 17, Port Acres Lot Dimensions: 264’ X 475’ (125,400 SF) Total Acreage: 2.873-Acre of Land Current Zoning: “LC” Light Commercial Proposed Zoning: No Change Abutting Zoning: North/South/East: “SF” Single Family West: “LC” Light Commercial Comprehensive Plan Future Land Use: Medium to High Density Residential Purpose of replat: To establish a definitive legal description for a portion of one (1) Lot by creating a single Tract of Land for multi-family development. BACKGROUND INFORMATION: On Wednesday, July 17, 2019, sixteen (16) notices were mailed to adjacent property owners within a 200 ft. Radius, as well as published in the Port Arthur News; more than fifteen (15) days before the P&Z public hearing scheduled for August 5, 2019. 444 4th Street • 5th Floor – City Council • Port Arthur, TX 77640 • www.portarthurtx.gov Staff Report: R19-26/Port Acres Page 2 of 6 FISCAL IMPACT/BUDGET IMPLICATIONS: N/A RECOMMENDED ACTION: Staff recommends approval of the proposed Replat which complies with Section 212.014 of the Texas Local Government Code and Appendix A, Section 15 of the Port Arthur Code of Ordinances. ATTACHMENTS: Attachment 1: Proposed Replat Attachment 2: Zoning Designation (Layout) Attachment 3: Aerial Photograph Attachment 4: Public Notice (Newspaper) Staff Report: R19-26/Port Acres Page 3 of 6 ATTACHMENT 1 Staff Report: R19-26/Port Acres Page 4 of 6 ATTACHMENT 2 Staff Report: R19-26/Port Acres Page 5 of 6 ATTACHMENT 3 Staff Report: R19-26/Port Acres Page 6 of 6 ATTACHMENT 4 Staff Report: R19-27/Port Acres Page 1 of 6 PLANNING & ZONING COMMISSION CASE NO. R19-27 August 5, 2019 Regular Meeting Staff Report REPORT DATE: 08/02/2019 PROPERTY OWNER: James Laughlin APPLICANT: -Same- SURVEYOR/ENGINEER: Soutex Surveyors & Engineers PROPERTY LOCATION: 2333 61st Street (Port Acres) REQUEST TYPE: Approval of replat of Lots in Port Acres Subdivision NATURE OF REQUEST: The Planning and Zoning Commission is being asked to consider a replat request for the following: Replat of: Part of Lot 16, Block 6, Port Acres New Tract Name(s): Tracts 16-A, 16-B, & 16-C, Block 6, Port Acres Lot Dimensions: Tract 16-A: 87’ X 223’ (19,401 SF) Tract 16-B: 87’ X 223’ (19,401 SF) Tract 16-C: 87’ X 222’ (19,314 SF) Total Acreage: 1.334-Acre of Land Current Zoning: “SF” Single Family Proposed Zoning: No Change Abutting Zoning: North/South/East/West: “SF” Single Family Comprehensive Plan Future Land Use: Low density residential Purpose of replat: To establish definitive legal descriptions for a portion of one (1) Lot by creating three (3) Tracts of Land for construction of single family dwellings (homes). 444 4th Street • 5th Floor – City Council • Port Arthur, TX 77640 • www.portarthurtx.gov Staff Report: R19-27/Port Acres Page 2 of 6 BACKGROUND INFORMATION: On Wednesday, July 17, 2019, twenty-three (23) notices were mailed to adjacent property owners within a 200 ft. Radius, as well as published in the Port Arthur News; more than fifteen (15) days before the P&Z public hearing scheduled for August 5, 2019. FISCAL IMPACT/BUDGET IMPLICATIONS: N/A RECOMMENDED ACTION: Staff recommends approval of the proposed Replat which complies with Section 212.014 of the Texas Local Government Code and Appendix A, Section 10 of the Port Arthur Code of Ordinances. ATTACHMENTS: Attachment 1: Proposed Replat Attachment 2: Zoning Designation (Layout) Attachment 3: Aerial Photograph Attachment 4: Public Notice (Newspaper) Staff Report: R19-27/Port Acres Page 3 of 6 ATTACHMENT 1 Staff Report: R19-27/Port Acres Page 4 of 6 ATTACHMENT 2 Staff Report: R19-27/Port Acres Page 5 of 6 ATTACHMENT 3 Staff Report: R19-27/Port Acres Page 6 of 6 ATTACHMENT 4 Staff Report: R19-28/Dominion Ranch Section 2 Page 1 of 6 PLANNING & ZONING COMMISSION CASE NO. R19-28 August 5, 2019 Regular Meeting Staff Report REPORT DATE: 08/02/2019 PROPERTY OWNER: DJM Contractors, LTD APPLICANT: -Same- SURVEYOR/ENGINEER: Mark Whiteley & Associates, Inc. PROPERTY LOCATION: 10410/10430 Maple Falls Lane REQUEST TYPE: Approval of replat of Lots in Dominion Ranch Section 2 NATURE OF REQUEST: The Planning and Zoning Commission is being asked to consider a replat request for the following: Replat of: All of Lots 8, 9, 10, & 11, Block 2, Dominion Ranch Section 2 New Tract Name(s): Tracts 8-A & 10-A, Block 2, Dominion Ranch Section 2 Lot Dimensions: Tract 8-A: 87’ X 223’ (19,401 SF) Tract 10-A: 87’ X 223’ (19,401 SF) Total Acreage: 0.4852-Acre of Land Current Zoning: “SF” Single Family Proposed Zoning: No Change Abutting Zoning: North/South/East/West: “SF” Single Family Comprehensive Plan Future Land Use: Low density residential Purpose of replat: To combine four (4) Lots into two (2) Tracts of Land for construction of single family dwellings (home). BACKGROUND INFORMATION: On Wednesday, July 17, 2019, thirty-two (32) notices were mailed to adjacent property owners within a 200 ft. Radius, as well as published in the Port Arthur News; more than fifteen (15) days before the P&Z public hearing scheduled for August 5, 2019. 444 4th Street • 5th Floor – City Council • Port Arthur, TX 77640 • www.portarthurtx.gov Staff Report: R19-28/Dominion Ranch Section 2 Page 2 of 6 FISCAL IMPACT/BUDGET IMPLICATIONS: N/A RECOMMENDED ACTION: Staff recommends approval of the proposed Replat which complies with Section 212.014 of the Texas Local Government Code and Appendix A, Section 10 of the Port Arthur Code of Ordinances. ATTACHMENTS: Attachment 1: Proposed Replat Attachment 2: Zoning Designation (Layout) Attachment 3: Aerial Photograph Attachment 4: Public Notice (Newspaper) Staff Report: R19-28/Dominion Ranch Section 2 Page 3 of 6 ATTACHMENT 1 Staff Report: R19-28/Dominion Ranch Section 2 Page 4 of 6 ATTACHMENT 2 Staff Report: R19-28/Dominion Ranch Section 2 Page 5 of 6 ATTACHMENT 3 Staff Report: R19-28/Dominion Ranch Section 2 Page 6 of 6 ATTACHMENT 4 Staff Report: R19-29/COPA Addition Page 1 of 6 PLANNING & ZONING COMMISSION CASE NO. R19-29 August 5, 2019 Regular Meeting Staff Report REPORT DATE: 08/02/2019 PROPERTY OWNER: City of Port Arthur, a municipal corporation APPLICANT: -Same- SURVEYOR/ENGINEER: Soutex Surveyors & Engineers PROPERTY LOCATION: 937/949 Rev. Dr. Ransom Howard Street REQUEST TYPE: Approval of replat of Lots in the City of Port Arthur addition NATURE OF REQUEST: The Planning and Zoning Commission is being asked to consider a replat request for the following: Replat of: All of Lots 11 & 12, Block 83, City of Port Arthur New Tract Name(s): Tract 11-A, Block 83, City of Port Arthur Lot Dimensions: 100 X 140’ (14,000 SF) Total Acreage: 0.3208-Acre of Land Current Zoning: “HC” Heavy Commercial Proposed Zoning: No Change Abutting Zoning: North: “LC” Light Commercial South/East/West: “HC” Heavy Commercial Comprehensive Plan Future Land Use: Low density residential Purpose of replat: To combine two (2) Lots into one (1) Tract of Land for construction of a single family dwelling (home). BACKGROUND INFORMATION: On Wednesday, July 17, 2019, eighteen (18) notices were mailed to adjacent property owners within a 200 ft. Radius, as well as published in the Port Arthur News; more than fifteen (15) days before the P&Z public hearing scheduled for August 5, 2019. 444 4th Street • 5th Floor – City Council • Port Arthur, TX 77640 • www.portarthurtx.gov Staff Report: R19-29/COPA Addition Page 2 of 6 FISCAL IMPACT/BUDGET IMPLICATIONS: N/A RECOMMENDED ACTION: Staff recommends approval of the proposed Replat which complies with Section 212.014 of the Texas Local Government Code and Appendix A, Section 16 of the Port Arthur Code of Ordinances. ATTACHMENTS: Attachment 1: Proposed Replat Attachment 2: Zoning Designation (Layout) Attachment 3: Aerial Photograph Attachment 4: Public Notice (Newspaper) Staff Report: R19-29/COPA Addition Page 3 of 6 ATTACHMENT 1 Staff Report: R19-29/COPA Addition Page 4 of 6 ATTACHMENT 2 Staff Report: R19-29/COPA Addition Page 5 of 6 ATTACHMENT 3 Staff Report: R19-29/COPA Addition Page 6 of 6 ATTACHMENT 4 Staff Report: R19-30/CM Baker Addition Page 1 of 6 PLANNING & ZONING COMMISSION CASE NO. R19-30 August 5, 2019 Regular Meeting Staff Report REPORT DATE: 08/02/2019 PROPERTY OWNER: Edmundo & Martha Ponce APPLICANT: -Same- SURVEYOR/ENGINEER: Soutex Surveyors & Engineers PROPERTY LOCATION: 6350 1st Street REQUEST TYPE: Approval of replat of Lots in the City of Port Arthur addition NATURE OF REQUEST: The Planning and Zoning Commission is being asked to consider a replat request for the following: Replat of: All of Lots 7 & 8, C.M. Baker Addition & All of Lot 12, Block 2 & Part of a 25’ wide Reserve Strip,Green Meadows Subdivision New Tract Name(s): Tract 7-A, C.M. Baker Addition Lot Dimensions: Multi-dimensional Total Acreage: 1.630-Acre of Land (71,003 SF) Current Zoning: “SF” Single Family Proposed Zoning: No Change Abutting Zoning: North/South/East/West: “SF” Single Family Comprehensive Plan Future Land Use: Low density residential Purpose of replat: To combine three (3) Lots and a Reserve Strip into one (1) Tract of Land for construction of a single family dwelling (home). BACKGROUND INFORMATION: On Wednesday, July 17, 2019, twenty-eight (28) notices were mailed to adjacent property owners within a 200 ft. Radius, as well as published in the Port Arthur News; more than fifteen (15) days before the P&Z public hearing scheduled for August 5, 2019. 444 4th Street • 5th Floor – City Council • Port Arthur, TX 77640 • www.portarthurtx.gov Staff Report: R19-30/CM Baker Addition Page 2 of 6 FISCAL IMPACT/BUDGET IMPLICATIONS: N/A RECOMMENDED ACTION: Staff recommends approval of the proposed Replat which complies with Section 212.014 of the Texas Local Government Code and Appendix A, Section 10 of the Port Arthur Code of Ordinances. ATTACHMENTS: Attachment 1: Proposed Replat Attachment 2: Zoning Designation (Layout) Attachment 3: Aerial Photograph Attachment 4: Public Notice (Newspaper) Staff Report: R19-30/CM Baker Addition Page 3 of 6 ATTACHMENT 1 Staff Report: R19-30/CM Baker Addition Page 4 of 6 ATTACHMENT 2 Staff Report: R19-30/CM Baker Addition Page 5 of 6 ATTACHMENT 3 Staff Report: R19-30/CM Baker Addition Page 6 of 6 ATTACHMENT 4 Staff Report Z19-07 Page 1 of 7 City of Port Arthur Staff Report Planning & Zoning Commission REPORT DATE: 08/02/2019 CASE NO: Z19-07 APPLICANT: City of Port Arthur, a municipal corporation PROPERTY LOCATION: Citywide REQUEST TYPE: Zoning Amendment NATURE OF REQUEST: The Planning and Zoning Commission is being asked to consider a request for a zoning amendment of Appendix A (Zoning), Section 7 of the City of Port Arthur Code of Ordinances. Introduction: In May, the City of Port Arthur updated Article III, Recreational Vehicle Parks, of Chapter 58, Manufactured Homes, Mobile Homes, Recreational Vehicles and Parks of the City’s Code of Ordinances. However, due to time constraints and notification requirements for zoning amendments, updates to the Zoning Ordinance were not made at that time. The overall goal is to continue to improve the standards set forth for these developments in an effort to promote safe, orderly, and healthful development within the City of Port Arthur. Summary and Request: Staff is requesting amendments to Appendix A, Zoning, Section 7, Use of Land and Buildings; and Section 13, Mobile Home District Regulations. The request is to remove the allowance of mobile homes as a permitted use within the city, and to make recreational vehicle parks allowed by right and/or special use permits in fewer districts. Under the current ordinance, both mobile homes (structures built prior to 1976) and recreational vehicle parks are allowed by right in Mobile Home, Local Commercial, Heavy Commercial, and the Industrial districts, and allowed by Special Use Permit in the Agriculture and Neighborhood Services districts. Staff is proposing to only allow them by right in the Mobile Home District , and by SUP in the Agriculture District, and to remove them from all of the other districts on the use chart. Section 1201 of Texas Occupations Code requires that cities provide a place where HUD-code manufactured homes (built after 1976) shall be allowed, and the city still has a zoning district that allows those and no amendments are proposed. However, Occupations Code does not require 444 4th Street 5th Floor – City Council Port Arthur, TX 77640 www.portarthur.net Staff Report Z19-07 Page 2 of 7 that a city have a place for mobile homes (those structures built prior to 1976). Thus, it is staff’s recommendation to remove this allowance, and those that currently exist would be considered a non-conforming use. Public Notice: On Friday, May 3, 2019, public notice was published in the Port Arthur News; more than ten (10) days before the P&Z public hearing scheduled for August 5, 2019. FISCAL IMPACT/BUDGET IMPLICATIONS: N/A RECOMMENDED ACTION: Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as presented. ATTACHMENTS: Attachment 1: Proposed Ordinance Attachment 2: Public Notice Staff Report Z19-07 Page 3 of 7 RM Draft “A” 5/30/2019 ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A (ZONING), SECTION 7, USE OF LAND AND BUILDINGS, OF THE CITY OF PORT ARTHUR CODE OF ORDINANCES; VIOLATON OF THIS ORDINANCE ARE PUNISHABLE AS PROVIDED IN SECTION 1-8 OF THE CITY 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. RECREATIONAL VEHICLE PARKS WHEREAS, pursuant to Section 1201 of Texas Occupations Code, the City of Port Arthur has the power to regulate Recreational Vehicles; and WHEREAS, the City of Port Arthur wishes to regulate the location of Recreational Vehicle Parks, as amended in Exhibit A; and WHEREAS, the proposed changes are in compliance with Section 47.01(4)(B) of the Texas Penal Code; and WHEREAS, the City Council finds the passage of this Ordinance will protect public health, safety, property, and the general welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That the findings and recitations set out in the preamble to this Ordinance are found to be true and correct and they are hereby adopted by the City Council and made a part hereof for all purposes. SECTION 2. That Appendix A, Zoning Ordinance, Section 7, Use of Land and Buildings, be amended as delineated in Exhibit “A”. SECTION 3. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this Ordinance should be declared invalid by the ATTACHMENT 1 Staff Report Z19-07 Page 4 of 7 RM Draft “A” 5/30/2019 final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clause, sentences, paragraphs and sections of this Ordinance. SECTION 4. That all ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5. That any person, firm or corporation who violates any provision of this 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 1-8 of the Code of Ordinances, and each day such violation shall be permitted to exist shall constitute a separate offense. SECTION 6. That this Ordinance or its caption and penalty shall be published at least one (1) time within ten days after formal 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 a copy of the caption of this Ordinance shall be spread upon the Minutes of the City Council. SECTION 8. This Ordinance shall be effective immediately. READ, ADOPTED AND APPROVED this day of June A.D., 2019 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR: COUNCILMEMBERS: NOES: Thurman Bill Bartie, Mayor Staff Report Z19-07 Page 5 of 7 RM Draft “A” 5/30/2019 ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: Valecia “Val” Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Interim City Manager Ronald “Ron” Burton, Assistant City Manager/ Director of Development Services Staff Report Z19-07 Page 6 of 7 RM Draft “A” 5/30/2019 EXHIBIT “A” Appendix A, Zoning Section 7, Use of Land and Buildings Section 13, Mobile Home District Regulations Section 7, Use of Land and Buildings Type Use A SF 2F MF MH NS LC HC I OW PRK S/COND Mobile Home Recreational Vehicle Park S X Section 13, Mobile Home District Regulations Area (sq. ft.) Lot Width (ft) Front Yard (ft) Side Yard (ft) Rear yard (ft) Coverage Recreational Vehicle Park See Section 58 for Recreational Vehicle Park Standards Staff Report Z19-07 Page 7 of 7 ATTACHMENT 2