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HomeMy WebLinkAbout09-09-2019 REGULAR MEETING Planning & Zoning Commission Regular Meeting September 9, 2019 CITY OF PORT ARTHUR, TEXAS 444 4th STREET • FIFTH FLOOR - CITY COUNCIL CHAMBERS • PORT ARTHUR, TEXAS 77640 P a g e | 1 MEETING MINUTES CITY OF PORT ARTHUR PLANNING AND ZONING COMMISSION MONDAY, JUNE 3, 2019 I. CALL TO ORDER The Planning and Zoning Commission met in Regular Session on Monday, June 3, 2019, at 5:30 p.m. in the Council Chambers, City Hall, 444 4th Street, Port Arthur, Texas 77640. II. CHAIRPERSON’S OPENING REMARKS III. ROLL CALL The following members were present: Chairman Fernando Ramirez; Commissioners: Inell Moore; Keith Richard; and Norris Simon. Staff present: Larry Badon, Senior Planner; Pamela D. Langford, Development Services Manager; Derrick Holland, GIS Coordinator IV. APPROVAL OF MINUTES A. May 20, 2019 Upon the motion of N. Simon; seconded by I. Moore and carried unanimously, the Planning and Zoning Commission approved the minutes as presented. V. UNFINISHED BUSINESS A. NONE VI. NEW BUSINESS - PUBLIC HEARING(S) – ITEMS FOR INDIVIDUAL CONSIDERATION A. NONE VII. NEW BUSINESS – NON-PUBLIC HEARING ITEMS A. S19-01 – SITE PLAN APPROVAL REQUESTED FOR – APPROXIMATELY 15.0436-ACRES OF LAND CONSISTING OF LOTS 15, 27, 40 AND THE NORTH 79’ OF LOT 54, PEEK ADDITION (LOCATED AT 105 F.M. HIGHWAY 365), CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS. PURPOSE OF THIS REQUEST IS TO DEVELOP A RECREATIONAL VEHICLE PARK. F. Ramirez introduced the request; L. Badon gave an overview. The Commission opened the meeting to hear from anyone present in the audience who wished to speak for or against proposed request: SPEAKING FOR: Jeremy Mitchell, Soutex Surveyors & Engineers, 3737 Doctors Drive, Port Arthur, TX 77642 L. Badon made a recommendation to approve site plan request(s): S19-01. Motion made by N. Simon; seconded by K. Richard to accept L. Badon’s recommendation to approve site pan request(s): S19-01. Voting Yes: N. Simon; K. Richard; I. Moore; F. Ramirez Voting No: None Motion Passed P a g e | 2 A. STAFF REPORT  None B. ADJOURNMENT Upon a motion by N. Simon; seconded by I. Moore and carried unanimously, the Planning and Zoning Commission adjourned its meeting at 5:34 p.m. _____________________________________ _____________________________________ Fernando Ramirez Pamela D. Langford Chairman Secretary to the Commission Minutes Approved: P a g e | 1 MEETING MINUTES CITY OF PORT ARTHUR PLANNING AND ZONING COMMISSION MONDAY, AUGUST 5, 2019 I. CALL TO ORDER The Planning and Zoning Commission met in Regular Session on Monday, August 5, 2019, at 5:31 p.m. in the Council Chambers, City Hall, 444 4th Street, Port Arthur, Texas 77640. II. CHAIRPERSON’S OPENING REMARKS III. ROLL CALL The following members were present: Chairman Fernando Ramirez; Commissioners: Noel Ozen-Brown; and Norris Simon. Staff present: Larry Badon, Senior Planner; Pamela D. Langford, Development Services Manager; Derrick Holland, GIS Coordinator IV. APPROVAL OF MINUTES A. None V. UNFINISHED BUSINESS A. NONE VI. NEW BUSINESS - PUBLIC HEARING(S) – ITEMS FOR INDIVIDUAL CONSIDERATION A. NONE VII. NEW BUSINESS – NON-PUBLIC HEARING ITEMS A. R19-25 – REPLAT APPROVAL REQUESTED FOR – 0.2423-ACRE OF LAND, REPLAT OF ALL OF LOT 17 AND THE NORTH ½ OF LOT 18, BLOCK 32, PORT ACRES, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED ON THE SOUTHWEST CORNER OF NORMA STREET AND WEST PORT ARTHUR ROAD). PURPOSE OF THIS REQUEST IS TO COMBINE LOTS INTO ONE (1) TRACT OF LAND FOR COMMERCIAL DEVELOPMENT. F. Ramirez introduced the request; L. Badon gave an overview. The Commission opened the meeting to hear from anyone present in the audience who wished to speak for or against proposed request: SPEAKING FOR: Anthony Legér, Soutex Surveyors & Engineers, 3737 Doctors Drive, Port Arthur, TX 77642 SPEAKING AGAINST: None B. R19-26 – REPLAT APPROVAL REQUESTED FOR – 2.873-ACRES OF LAND, REPLAT OF ALL OF PART OF LOT 6, BLOCK 17, PORT ACRES, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED ON AT 5961 – 5997 JADE AVENUE). PURPOSE OF THIS REQUEST IS TO ESTABLISH A LEGAL DESCRIPTION OUT OF A METES AND BOUNDS DESCRIPTION CONSISTING OF SEVERAL SMALLER TRACTS OF LAND, FOR MULTI-FAMILY DEVELOPMENT. F. Ramirez introduced the request; L. Badon gave an overview. The Commission opened the meeting to hear from anyone present in the audience who wished to speak for or against proposed request: P a g e | 2 SPEAKING FOR: Anthony Legér, Soutex Surveyors & Engineers, 3737 Doctors Drive, Port Arthur, TX 77642 SPEAKING AGAINST: None C. R19-27 – REPLAT APPROVAL REQUESTED FOR – 1.334-ACRE OF LAND, REPLAT OF PART OF LOT 16, BLOCK 6, PORT ACRES, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED AT 2333 61ST STREET). PURPOSE OF THIS REQUEST IS TO DIVIDE PART OF A REMAINING LOT INTO THREE (3) TRACTS OF LAND FOR SINGLE FAMILY DWELLINGS (HOMES). F. Ramirez introduced the request; L. Badon gave an overview. The Commission opened the meeting to hear from anyone present in the audience who wished to speak for or against proposed request: SPEAKING FOR: Anthony Legér, Soutex Surveyors & Engineers, 3737 Doctors Drive, Port Arthur, TX 77642 SPEAKING AGAINST: None D. R19-28 – REPLAT APPROVAL REQUESTED FOR – 0.4852-ACRE OF LAND, REPLAT OF ALL OF LOTS 8, 9, 10 & 11, BLOCK 2, DOMINION RANCH SECTION 2, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED SOUTH OF MAPLE FALLS LANE BETWEEN OAK HILL LANE AND SHADY RANCH LANE). PURPOSE OF THIS REQUEST IS TO COMBINE FOUR (4) LOTS INTO TWO (2) TRACTS OF LAND FOR CONSTRUCTION OF SINGLE FAMILY DWELLINGS (HOMES). F. Ramirez introduced the request; L. Badon gave an overview. The Commission opened the meeting to hear from anyone present in the audience who wished to speak for or against proposed request: SPEAKING FOR: None SPEAKING AGAINST: None E. R19-29 – REPLAT APPROVAL REQUESTED FOR – 0.3208 ACRE OF LAND, REPLAT OF ALL OF LOTS 11 & 12, BLOCK 83, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED AT 949 REV. DR. RANSOM HOWARD STREET). PURPOSE OF THIS REPLAT IS TO COMBINE TWO (2) LOTS INTO ONE (1) TRACT OF LAND FOR CONSTRUCTION OF A SINGLE FAMILY DWELLING. F. Ramirez introduced the request; L. Badon gave an overview. The Commission opened the meeting to hear from anyone present in the audience who wished to speak for or against proposed request: SPEAKING FOR: None SPEAKING AGAINST: None P a g e | 3 F. R19-30 – REPLAT APPROVAL REQUESTED FOR – 1.630 ACRE OF LAND, REPLAT OF ALL OF LTOS 7 & 8, C.M. BAKER ADDTION, AND ALL OF LOT 12, BLOCK 2 & PART OF A 25’ RESERVE STRIP, GREEM MEADOWS SUBDIVIISON, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY IS LOCATED NORTH OF 62ND STREET AND EAST OF FIRST AVENUE). PURPOSE OF THIS REQUEST IS TO COMBINE MULTIPLE LOTS INTO ONE (1) TRACT OF LAND FOR CONSTRUCTION OF A SINGLE FAMILY DWELLING. F. Ramirez introduced the request; L. Badon gave an overview. The Commission opened the meeting to hear from anyone present in the audience who wished to speak for or against proposed request: SPEAKING FOR: Anthony Legér, Soutex Surveyors & Engineers, 3737 Doctors Drive, Port Arthur, TX 77642 SPEAKING AGAINST: None G. Z19-07 – ZONING AMENDMENT REQUESTED FOR – APPENDIX A, ZONING, SECTION 7, USE OF LAND AND BUILDINGS, OF THE CITY’S CODE OF ORDINANCES, TO SPLIT MOBILE HOME/RECREATIONAL VEHICLE PARK INTO TWO DIFFERENT USES, AS WELL AS AMEND THE DISTRICTS WHERE THEY ARE ALLOWED BY RIGHT AND THROUGH SPECIAL USE PERMIT. F. Ramirez introduced the request; L. Badon gave an overview. The Commission opened the meeting to hear from anyone present in the audience who wished to speak for or against proposed request: SPEAKING FOR: None SPEAKING AGAINST: None N. Simon made a motion to close the public hearings; seconded by N. Ozen-Brown;  L. Badon made a recommendation to approve re-plat request(s): R19-25; R19-26; R19-27; R19-28; R19- 29; and R19-30.  Motion made by N. Ozen-Brown; seconded by N. Simon to accept L. Badon’s recommendation to approve re-plat request(s): R19-25; R19-26; R19-27; R19-28; R19-29; and R19-30. Voting Yes: N. Ozen-Brown; N. Simon; F. Ramirez Voting No: None Motion Passed  L. Badon made a recommendation to recommend approval of Zoning Amendment: Z19-07. Motion made by N. Ozen-Brown; seconded by N. Simon to accept L. Badon’s recommendation to recommend approval of Zoning Amendment: Z19-07. Voting Yes: N. Ozen-Brown; N. Simon; F. Ramirez Voting No: None Motion Passed P a g e | 4 A. STAFF REPORT  None B. ADJOURNMENT Upon a motion by N. Ozen-Brown; seconded by N. Simon and carried unanimously, the Planning and Zoning Commission adjourned its meeting at 6:05 p.m. _____________________________________ _____________________________________ Fernando Ramirez Pamela D. Langford Chairman Secretary to the Commission Minutes Approved: Staff Report: R19-31/City of Port Arthur Addition Page 1 of 6 PLANNING & ZONING COMMISSION CASE NO. R19-31 September 9, 2019 Regular Meeting Staff Report REPORT DATE: 09/03/2019 PROPERTY OWNER: Legacy Community Development Corporation APPLICANT: -Same- SURVEYOR/ENGINEER: Soutex Surveyors & Engineers PROPERTY LOCATION: 1035/1047 Rev. 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: Lots 11 & 12, Block 84, City of Port Arthur New Tract Name(s): Tract 11-A, Block 84, City of Port Arthur Lot Dimensions: 100’ X 140’ (14,000 SF) Total Acreage: 0.3214-Acres of Land Current Zoning: “HC” Heavy Commercial Proposed Zoning: No Change Abutting Zoning: North: Multiple Family (MF) South/East/west: Heavy Commercial (HC) Comprehensive Plan Future Land Use: Low Density Residential Purpose of replat: To combine two (2) lots one (1) Tract of Land for construction of a single family dwelling (home). BACKGROUND INFORMATION: On Friday, August 23, 2019, sixteen (16) notices were mailed to adjacent property owners within a 200 ft. Radius, as well as published in the Port Arthur Newspaper on Wednesday, August 14, 2019; more than fifteen (15) days before the P&Z public hearing scheduled for September 9, 2019. 444 4th Street • 5th Floor – City Council • Port Arthur, TX 77640 • www.portarthurtx.gov Staff Report: R19-31/City of Port Arthur 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: R19-31/City of Port Arthur Addition Page 3 of 6 ATTACHMENT 1 Staff Report: R19-31/City of Port Arthur Addition Page 4 of 6 ATTACHMENT 2 Staff Report: R19-31/City of Port Arthur Addition Page 5 of 6 ATTACHMENT 3 Staff Report: R19-31/City of Port Arthur Addition Page 6 of 6 ATTACHMENT 4 Staff Report: R19-32/Newport Heights No. 1 Addition Page 1 of 6 PLANNING & ZONING COMMISSION CASE NO. R19-32 September 9, 2019 Regular Meeting Staff Report REPORT DATE: 09/03/2019 PROPERTY OWNER: Thanh (Mark) & Jackie Dinh APPLICANT: -Same- SURVEYOR/ENGINEER: Soutex Surveyors & Engineers PROPERTY LOCATION: 7807 Twin City Highway REQUEST TYPE: Approval of replat of Lots in the Newport Heights No. 1 Addition NATURE OF REQUEST: The Planning and Zoning Commission is being asked to consider a replat request for the following: Replat of: All of Tracts R-1 & R-2, Newport Heights No. 1 New Tract Name(s): Tract R-1-A, Newport Heights No. 1 Lot Dimensions: 143’ X 140’ X 256’ X 202 (31,559 SF) Total Acreage: 0.7245-Acres of Land Current Zoning: “LC” Light Commercial Proposed Zoning: No Change Abutting Zoning: North/South/East/west: Light Commercial (LC) Comprehensive Plan Future Land Use: Retail/Commercial Purpose of replat: To combine two (2) lots one (1) Tract of Land for commercial expansion (i.e. Quick Serve Crawfish) BACKGROUND INFORMATION: On Friday, August 23, 2019, fourteen (14) notices were mailed to adjacent property owners within a 200 ft. Radius, as well as published in the Port Arthur Newspaper on Wednesday, August 14, 2019; more than fifteen (15) days before the P&Z public hearing scheduled for September 9, 2019. 444 4th Street • 5th Floor – City Council • Port Arthur, TX 77640 • www.portarthurtx.gov Staff Report: R19-32/Newport Heights No. 1 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 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: R19-32/Newport Heights No. 1 Addition Page 3 of 6 ATTACHMENT 1 Staff Report: R19-32/Newport Heights No. 1 Addition Page 4 of 6 ATTACHMENT 2 Staff Report: R19-32/Newport Heights No. 1 Addition Page 5 of 6 ATTACHMENT 3 Staff Report: R19-32/Newport Heights No. 1 Addition Page 6 of 6 ATTACHMENT 4 Staff Report Z19-05 Page 1 of 6 City of Port Arthur Staff Report Planning & Zoning Commission REPORT DATE: 09/03/2019 CASE NO: Z19-05 PROPERTY OWNER: City of Port Arthur, a municipal corporation/ Jefferson County Drainage District No. 7 APPLICANT: City of Port Arthur, a municipal corporation PROPERTY LOCATION: north of 19th Street between Charleston Avenue and New Orleans Avenue REQUEST TYPE: Zoning Change NATURE OF REQUEST: The Planning and Zoning Commission is being asked to consider a request for a zoning change for the following: Property Description: Part of Block 386 and all of Blocks 387, 402 & 403 with adjacent alleys and street rights-of-way Total Acreage: 8.512-Acres of Land Current Zoning: “SF” Single Family Proposed Zoning: Planned Development District – 39 (PD-39) Abutting Zoning: North: “I” Industrial South/East/West: “SF” Single Family Purpose of request: To allow for municipal and drainage district operation/development. Project Background: The City of Port Arthur is seeking a zoning change for approximately 8.512-Acres of Land for municipal and drainage district operations/development. The property is currently zoned as Single Family (SF) and is surrounded by other properties zoned as such. Analysis: In accordance with Appendix A, Section 24.-Amendments, of the City of Port Arthur Zoning Ordinance, any person or corporation having a proprietary interest in any property may petition the city council for a change or amendment to the provisions of this ordinance. The planning and zoning commission may on its own motion or on request from the city council institute study and proposal for changes and amendments in the public interest. 444 4th Street 5th Floor – City Council Port Arthur, TX 77640 www.portarthur.net Staff Report Z19-05 Page 2 of 6 Before taking action on any proposed amendment, supplement or change, the council shall submit the same to the planning and zoning commission for its recommendation and report. The commission may recommend that the amendment be approved as requested, or it may recommend a more restrictive amendment than that requested in accordance with section 7, or it may recommend that the amendment be denied. The planning and zoning commission shall hold a public hearing on any application for any amendment or change prior to making its recommendation and report to the city council. When any such amendment or change relates to a change in classification or boundary of a zoning district, written notice of public hearing before the planning and zoning commission on the proposed amendment or change shall be mailed to all owners of real property lying within 200 feet of the property on which the change is requested. Such notice shall be given not less then ten days before the date set for hearing by depositing in the mail such notice, properly addressed and postage paid, to each taxpayer as the ownership appears on the last approved city tax roll. When any such amendment relates to a change of a zoning regulation or to the text of this ordinance not affecting specific property, notice of the public hearing of the planning and zoning commission shall be given by publication in a newspaper of general circulation in the City of Port Arthur without the necessity of notifying property owners by mail. Such notice shall state the time and place of such hearing and the nature of the subject to be considered, which time shall not be earlier then ten days from the date of publication. Access: The project entrance(s) is located on: 19th Street/Charleston Avenue. Public Notice: On Friday, May 23, 2019, twenty-nine (29) notices were mailed to adjacent property owners within a 200 ft. Radius, as well as published in the Port Arthur News; more than ten (10) days before the P&Z public hearing scheduled for September 9, 2019. FISCAL IMPACT/BUDGET IMPLICATIONS: N/A RECOMMENDED ACTION: Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning change based on the analysis above. ATTACHMENTS: Attachment 1: Survey/Aerial Attachment 2: Zoning Map Attachment 3: Public Notice (Newpaper) Staff Report Z19-05 Page 3 of 6 ATTACHMENT 1 Staff Report Z19-05 Page 4 of 6 Staff Report Z19-05 Page 5 of 6 ATTACHMENT 2 Staff Report Z19-05 Page 6 of 6 ATTACHMENT 3 Staff Report Z19-08 Page 1 of 6 City of Port Arthur Staff Report Planning & Zoning Commission REPORT DATE: 09/05/2019 CASE NO: Z19-08 PROPERTY OWNER: Daniel Adam Bell APPLICANT: -Same- PROPERTY LOCATION: 5950 S. Gulfway Drive, Sabine Pass, TX 77655 REQUEST TYPE: Zoning Change NATURE OF REQUEST: The Planning and Zoning Commission is being asked to consider a request for a zoning change for the following: Property Description: 414’ X 466’ of Tract 20, John McGaffey Survey, Abstract No. 167 Total Acreage: 4.429 -Acres of Land Current Zoning: “MF” Multiple Family Proposed Zoning: “LC” Light Commercial Abutting Zoning: North/South/East: Multiple Family (MF) West: “LC” Light Commercial Purpose of request: To allow for commercial development in accordance with Appendix A, Section 7-100 of the City of Port Arthur Code of Ordinances. Project Background: The Applicant is seeking a seeking a zoning change for approximately 4.429-Acres of Land located in Sabine Pass, TX for the purpose of allowing for commercial development in accordance with the City of Port Arthur Zoning Ordinance. The property is currently zoned as Multiple Family (MF) and is surrounded by properties zoned as Multiple Family (MF) and Light Commercial (LC). Analysis: In accordance with Appendix A, Section 24.-Amendments, of the City of Port Arthur Zoning Ordinance, any person or corporation having a proprietary interest in any property may petition the city council for a change or amendment to the provisions of this ordinance. The planning and zoning commission may on its own motion or on request from the city council institute study and proposal for changes and amendments in the public interest. 444 4th Street 5th Floor – City Council Port Arthur, TX 77640 www.portarthur.net Staff Report Z19-08 Page 2 of 6 Before taking action on any proposed amendment, supplement or change, the council shall submit the same to the planning and zoning commission for its recommendation and report. The commission may recommend that the amendment be approved as requested, or it may recommend a more restrictive amendment than that requested in accordance with section 7, or it may recommend that the amendment be denied. The planning and zoning commission shall hold a public hearing on any application for any amendment or change prior to making its recommendation and report to the city council. When any such amendment or change relates to a change in classification or boundary of a zoning district, written notice of public hearing before the planning and zoning commission on the proposed amendment or change shall be mailed to all owners of real property lying within 200 feet of the property on which the change is requested. Such notice shall be given not less then ten days before the date set for hearing by depositing in the mail such notice, properly addressed and postage paid, to each taxpayer as the ownership appears on the last approved city tax roll. When any such amendment relates to a change of a zoning regulation or to the text of this ordinance not affecting specific property, notice of the public hearing of the planning and zoning commission shall be given by publication in a newspaper of general circulation in the City of Port Arthur without the necessity of notifying property owners by mail. Such notice shall state the time and place of such hearing and the nature of the subject to be considered, which time shall not be earlier then ten days from the date of publication. Access: The project entrance(s) is located on: South Gulfway Drive (Sabine Pass). Public Notice: On Tuesday, August 27, 2019, fourteen (14) notices were mailed to adjacent property owners within a 200 ft. Radius, as well as published in the Port Arthur NewWednesday, August 28, 2019; more than ten (10) days before the P&Z public hearing scheduled for September 9, 2019. FISCAL IMPACT/BUDGET IMPLICATIONS: N/A RECOMMENDED ACTION: Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning change based on the analysis above. ATTACHMENTS: Attachment 1: Survey/Aerial Attachment 2: Zoning Map Attachment 3: Public Notice (Newpaper) Staff Report Z19-08 Page 3 of 6 ATTACHMENT 1 Staff Report Z19-08 Page 4 of 6 Staff Report Z19-08 Page 5 of 6 ATTACHMENT 2 Staff Report Z19-08 Page 6 of 6 ATTACHMENT 3 Staff Report E19-01 Page 1 of 13 City of Port Arthur Staff Report Planning & Zoning Commission REPORT DATE: 09/05/2019 CASE NO: E19-01 PROPERTY OWNER: V. Investments, LLC APPLICANT: -Same- PROPERTY LOCATION: south of F.M. Highway 365 and east of Davis Street REQUEST TYPE: Excavation Permit NATURE OF REQUEST: The Planning and Zoning Commission is being asked to consider a request for an excavation permit for the following: Property Description: Lots 1 – 4, Block 12, Range M, Port Arthur Land Company Subdivision Total Acreage: 47.5 -Acres of Land Proposed Depth: 30 Ft. Excavation Period: 15 years Findings: 1. Proposed excavation is in compliance with the requirements of the Port Arthur Excavation Ordinance. 2. A Wetlands study was performed in December of 2007 by Berg-Oliver Associates of Houston, Texas. Approximately 60- acres (the site) was studied to determine the areas that are jurisdictional waters of the United States. A portion, being in the NE corner, of the site was classigied as jurisdictional wetlands that will not be part of the excavation area. 3. Drainage District No. 7 has determined that the proposed excavation will be benerficial to the drainage system (see attached letter dated 12/20/2007). Project Background: The Applicant is seeking a seeking an excavation permit for approximately 47.5-acres of land consisting of Lots 1-4, Block 12, Range M, Port Arthur Land Company Subdivision. On December 31, 2007, at a Special Meeting of the Planning and Zoning Commission, it was recommended that City Council approve the issuance of a permit to V. Investment, LLC to allow 444 4th Street 5th Floor – City Council Port Arthur, TX 77640 www.portarthur.net Staff Report E19-01 Page 2 of 13 for the excavation of earth material in the City of Port Arthur for the purpose of providing dirt to the commercial businesses and refineries in the area. The Port Arthur City Council approved the permit request on January 2, 2008 at a Regular Meeting, as delineated in Attachement 1. Analysis: In accordance with Chapter 94, Article VII, Section A, Sections 94-423 – 94.427 the following must be adheard: Sec. 94-423. - Specifications. a) No excavation shall be made within 30 feet of any property line without the express written consent of the owner of the adjacent property. Excavation which is conducted adjacent to roadways, easements, drainage systems, utility lines or other structures shall be conducted at an adequate distance from such facilities, as determined by the director of public works, so as not to interfere with or cause damage to such facilities. All berms and side slopes shall be seeded in accordance with the latest state department of transportation specifications for seeding to control erosion. b) Commercial borrow pits and detention ponds shall be sloped no steeper than four feet horizontal for each one foot vertical measurement (4:1), or as otherwise required in V.T.C.A., Health and Safety Code § 756.021 et seq. c) Retention pond side slopes shall be graded at the angle of natural repose of the native soil as determined by a geotechnical engineer, but shall not exceed four feet horizontal for each vertical measurement (4:1) from the top of the excavation to a depth of two feet below the normal water surface. Below that depth, the side slopes shall not exceed three feet horizontal for each one foot vertical measurement (3:1). d) The design of all excavations shall be supported by the analysis of a geotechnical engineer, including soils borings to a depth of a minimum of three feet greater than the proposed depth of the excavation. Sec. 94-424. - Where prohibited. No unauthorized excavation may be made upon any dedicated street or highway right-of-way or any planned or proposed street described in the major thoroughfare plan of the city. Sec. 94-425. - Trucks regulated. Trucks hauling excavated material shall be required, insofar as possible, to use existing truck routes. Excavated materials shall not be dropped or placed upon any public street or highway. The contractors handling the dirt are responsible for cleaning up any dirt spilled or tracked upon the streets or highways. Staff Report E19-01 Page 3 of 13 Sec. 94-426. - Recommendations by planning and zoning commission. a) Upon proper application as provided in section 94-452, the city planning and zoning commission shall recommend to the city council the approval or disapproval of an excavation permit, depending upon whether it is satisfied, from competent evidence presented to it as may be required, that the proposed excavation is consistent with the public health, safety and welfare; that the requirements of this article will be met; and, in addition, provide for a future use of the property in harmony with development planned for the surrounding areas as reflected in the zoning ordinance, subdivision plans, comprehensive plan for the city, deed restrictions and existing usage. b) The recommendation of the planning and zoning commission shall not be required for an assignment of a permit. Nevertheless, the assignment shall still require the approval by the city council by a duly adopted resolution. Sec. 94-427. - Action by council. Upon receiving the recommendation of the planning and zoning commission, the city council shall approve or disapprove the issuance of an excavation permit, and such decision of the city council shall be final. Public Notice: On Tuesday, August 27, 2019, five (5) notices were mailed to adjacent property owners within a 200 ft. Radius, as well as published in the Port Arthur NewWednesday, August 28, 2019; more than ten (10) days before the P&Z public hearing scheduled for September 9, 2019. FISCAL IMPACT/BUDGET IMPLICATIONS: N/A RECOMMENDED ACTION: Staff recommends that the Planning and Zoning Commission recommend approval of the proposed permit based on the analysis above (see Attachment 2). ATTACHMENTS: Attachment 1: Ordinane No. 08-03 Attachment 2: Request for New Permit (19-0339) Attachment 3: Survey/Aerial Attachment 4: Public Notice (Newspaper) Staff Report E19-01 Page 4 of 13 ATTACHMENT 1 Staff Report E19-01 Page 5 of 13 Staff Report E19-01 Page 6 of 13 Staff Report E19-01 Page 7 of 13 Staff Report E19-01 Page 8 of 13 Staff Report E19-01 Page 9 of 13 ATTACHMENT 2 Staff Report E19-01 Page 10 of 13 Staff Report E19-01 Page 11 of 13 ATTACHMENT 3 Staff Report E19-01 Page 12 of 13 Staff Report E19-01 Page 13 of 13 ATTACHMENT 4