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HomeMy WebLinkAbout11-16-2020 REGULAR MEETING Planning & Zoning Commission Regular Meeting November 16, 2020 CITY OF PORT ARTHUR, TEXAS Telephonic/Videoconference ● (877) 853-5247 ● (888) 788-0099 ● Access Code: 830-449-7414 Location & Time Telephonic and Videoconference November 16, 2020 5:30 p.m. (877) 853-5247 or (888) 788-0099 Access Code: 830 449 7414 Dr. Johnny E. Brown, Commissioner Noel Ozen-Brown Commissioner Fernando Ramirez, Commissioner (Chairman) Keith Richard, Commissioner Norris Simon, Jr., Commissioner Planning & Zoning Commissioners Pamela D. Langford, Dir. of Development Services Larry Badon, Development Services Manager Planning Staff PLANNING & ZONING COMMISSION MEETING AGENDA November 16, 2020 NOTICE IS HEREBY GIVEN THAT THE PLANNING & ZONING COMMISSION OF THE CITY OF PORT ARTHUR, TEXAS, WILL MEET IN REGULAR SESSION AT 5:30 P.M. ON MONDAY, NOVEMBER 16, 2020 [THERE WILL BE NO PUBLIC ACCESS TO CITY HALL FOR THE MEETING] BY TELEPHONIC AND VIDEOCONFERENCE IN ORDER TO ADVANCE THE PUBLIC HEALTH GOAL OF LIMITING FACE-TO-FACE MEETINGS (ALSO CALLED “SOCIAL DISTANCING”) TO SLOW THE SPREAD OF THE CORONAVIRUS (COVID-19), ANY PERSON MAY PARTICIPATE AND ADDRESS THE PLANNING & ZONING COMMISSION BY DIALING (877) 853-5247 OR (888) 788-0099 US TOLL AND ENTERING ACCESS CODE: 830 4449 7414 I. Chairperson’s Opening Remarks II. Call to Order III. Roll Call IV. APPROVAL OF MINUTES A. October 5, 2020 V. UNFINISHED BUSINESS A. E20-01 – EXCAVATION PERMIT REQUESTED FOR – OPERATION OF A COMMERCIAL EXCAVATION (DIRT PIT), APPROXIMATELY 60.00-ACRE SITE OUT OF A 234.050-ACRE TRACT OF LAND OUT OF BLOCKS 14 & 15, RANGE “M”, PORT ARTHUR LAND COMPANY SUBDIVISION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED ON THE NORTH OF F.M. HIGHWAY 365 BETWEEN WEST PORT ARTHUR ROAD AND U.S. HIGHWAY 69). VI. NEW BUSINESS - PUBLIC HEARING ITEMS (INDIVIDUAL CONSIDERATION) A. O20-01 – ORDINANCE AMENDMENT REQUESTED FOR ARTICLE VII. – EXCAVATIONS, SECTION 94-452(3). – CONDITIONS REQUIRED FOR GRANTING. – AMENDMENT TO EXTEND THE BOUNDARY FOR COMMERCIAL EXCAVATION OF EARTH MATERIALS TO INCLUDE APPROXIMATELY 234.050-ACRES OF LAND OWNED BY MARY E. YOUNG PROPERTIES, LOCATED IN THE WM. MCFADDIN SURVEY SECTION 10 ABSTRACT NO. 415 AND PORT ARTHUR LAND COMPANY SUBDIVISION VOLUME 1, PAGE 22, M.R.J.C., (PROPERTY LOCATED NORTHWEST OF F.M. HIGHWAY 365), PORT ARTHUR, JEFFERSON COUNTY, TEXAS. AGENDA CONTINUED… B. Z20-01 – ZONING CHANGE REQUESTED FOR – APPROXIMATELY 58.82-ACRES OF LAND, PART OF LOTS 1, 2, 3 & 8, BLOCK 14, RANGE “L”, AND PART OF LOTS 4 & 5, BLOCK 14, RANGE “K”, PORT ARTHUR LAND COMPANY SUBDIVISION, CITY OF PORT ARHTUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED NORTH OF F.M. HIGHWAY 365 BETWEEN U.S. HIGHWAY 69/96/287 AND WEST PORT ARTHUR ROAD). PURPOSE OF THIS REQUEST IS TO CHANGE ZONING FROM INDUSTRIAL (I) TO PLANNED DEVELOPMENT DISTRICT (PD) FOR DEVELOPMENT OF A RECREATIONAL VEHICLE (RV) RESORT AND COMMERCIAL DEVELOPMENT. C. Z20-02 – ZONING CHANGE REQUESTED FOR – APPROXIMATELY 0.6457-ACRE OF LAND, ALL OF LOTS 1 & 2, BLOCK 33, GRIFFING RESIDENTIAL PARK SUBDIVISION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED AT 2615 TWIN CITY HIGHWAY). PURPOSE OF THIS REQUEST IS TO CHANGE ZONING FROM SINGLE FAMILY (SF) TO LIGHT COMMERCIAL (LC) FOR THE CONSTRUCTION OF A MULTI-FAMILY DEVELOPMENT (I.E., APARTMENTS). D. Z20-04 – ZONING CHANGE REQUESTED FOR – APPROXIMATELY 8.948-ACRES OF LAND, PART OF LOT 12, BLOCK 17, PORT ACRES ADDITION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED ON THE NORTHEAST CORNER OF STATE HIGHWAY 73 AND JADE AVENUE). PURPOSE OF THIS REQUEST IS TO CHANGE ZONING FROM LIGHT COMMERCIAL (LC) TO AGRICULTURAL (A) FOR DEVELOPMENT OF A RECREATIONAL VEHICLE (RV) RESORT. VII. NEW BUSINESS - NON-PUBLIC HEARING ITEMS A. STAFF REPORT B. ADJOURNMENT Next Scheduled Meeting Date: October 19, 2020 DATED THIS THE ______ DAY OF ____________________ 2020 Pamela D. Langford, Director of Development Services CERTIFICATION: I, the undersigned authority, do hereby certify that the above Notice of Meeting of the Planning and Zoning Commission of the City of Port Arthur, Texas is a True and Correct Copy of said notice and that said notice was posted on the bullet in board at City Hall/Municipal Building on the _____ day of ________________, 2020 at/or before _______ a.m./p.m. as required by law in accordance with Section 551.042 of the Texas Government Code. Division of Planning Date Notice Removed P a g e | 1 MEETING MINUTES CITY OF PORT ARTHUR PLANNING AND ZONING COMMISSION MONDAY, OCTOBER 5, 2020 I. CALL TO ORDER The Planning and Zoning Commission me t in Regular Session on Monday, October 5, 2020, at 5:37 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; Dr. Johnny Brown, and Norris Simon. Staff present: Larry Badon, Senior Planner; Pamela D. Langford, Director of Development Services IV. APPROVAL OF MINUTES A. None V. UNFINISHED BUSINESS A. None VI. NEW BUSINESS – PUBLIC HEARING ITEMS (INDIVIDUAL CONSIDERATION) A. E20-01 – EXCAVATION PERMIT REQUESTED FOR – OPERATION OF A COMMERCIAL EXCAVATION (DIRT PIT), APPROXIMATELY 60.00-ACRE SITE OUT OF A 234.050-ACRE TRACT OF LAND OUT OF BLOCKS 14 & 15, RANGE “M,” PORT ARTHUR LAND COMPANY SUBDIVISION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED ON THE NORTH OF F.M. HIGHWAY 365 BETWEEN WEST PORT ARTHUR ROAD AND U.S. HIGHWAY 69). F. Ramirez introduced the request; L. Badon gave an overview. The Commission opened the meeting to discuss the proposed request. Speaking For: Charles Reeves, Jr., Purchaser, MMA, Inc., 2875 Derek Drive, Lake Charles, LA 70607 The staff made a recommendation to table E20-01 per Legal review. P a g e | 2 Motion made by N. Ozen-Brown; 2nd by N. Simon to accept staff’s recommendation to table excavation request: E20-01; Voting Yes: F. Ramirez, N. Ozen-Brown, N. Simon Voting No: None Abstain: Dr. J. Brown Motion Passed VII. NEW BUSINESS - NON-PUBLIC HEARING ITEMS A. STAFF REPORT None B. ADJOURNMENT Upon a motion by N. Simon, seconded by Dr. J. Brown and carried unanimously, the Planning and Zoning Commission adjourned its meeting at 6:17 p.m. _______________________________ ________________________________ Fernando Ramirez Pamela D. Langford Chairman Secretary to the Commission Minutes Approved: Staff Report E20-01 Page 1 of 15 City of Port Arthur Staff Report Planning & Zoning Commission REPORT DATE: 10/01/2020 (Rev. 11/11/2020) CASE NO: E20-01 OWNER/APPLICANT: Mary E. Young Properties AGENT: MMA, Inc. (Charles Reeves, Jr., Purchaser) PROPERTY LOCATION: north of F.M. Highway 365 between West Port Arthur Road and U.S. Highway 69 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: Out of Blocks 14 & 15, Range “M,” Port Arthur Land Company Subdivision Total Acreage: 60.00 -Acres of Land out of a 234.050-Acre Tract of land Proposed Depth: 30 Ft. Excavation Period: 12 months (1-year); annual renewal subject to the recommendation of the Director of Public Works and Director of Planning and approval of City Council. Findings: a. The detention area is at least 300 feet of the property line from each point. b. The proposed design slope of 10 to 1 meets and exceeds both the angle of response requirements and the ordinance and regulations. c. Result of geotechnical testing, completed by Terracon Geotechnical Consultants, of soil samples collected from 6- locations on site. Project Background: The Applicant seeks an excavation permit for approximately 60-acres of land out of a 234.050-Acre Tract, consisting of a portion of Blocks 14 & 15, Range “M,” Port Arthur Land Company Subdivision. The request was brought to the Planning and Zoning Commission on October 5, 2020, at a Regular Scheduled meeting, but tabled per the request of the City Attorney of the City of Port Arthur for additional research and analysis. 444 4th Street 5th Floor – City Council Port Arthur, TX 77640 www.portarthur.net Staff Report E20-01 Page 2 of 15 Analysis: In accordance with Chapter 94, Article VII, Division 1, Sections 94-423 – 94.428, the following must adhere: 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. 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 Staff Report E20-01 Page 3 of 15 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. Sec. 94-428. - Fence. Upon completion of the excavation for which a permit has been granted under this article, but not later than 180 days after excavation has begun, a fence in conformance with subsection 18-457(a) shall be erected. In accordance with Division 2, Sections 94 -451 – 94.453, the following is required for the issuance of a permit for commercial excavation: 1. Each application for an excavation permit shall be in writing, on a zoning application form provided by the city, stating the purpose of the proposed excavation, the names of all owners of land lying within 100 feet of the proposed excavation, and shall be accompanied by an accurate drawing showing the location of the proposed excavation and the dimensions of the borrow pit to be created thereby and all engineering data required by sections 94-423 and 94-452. Each application shall be accompanied by a nonrefundable permit fee of $250.00. The permit fee shall not be required of any governmental agency, entity or instrumentality, but all other requirements of this article shall remain applicable to such bodies. 2. All excavations for which a permit is required shall be subject to an annual inspection to ensure compliance with the requirements of Chapter 94, Article VII. This inspection shall be conducted by the director of public works or his designee. A written inspection report evaluating compliance with this article shall be filed with the city secretary. Any excavations in violation of this article are declared to be public nuisances. 3. Commercial excavation of earth materials shall be permitted only in undeveloped areas bounded by Highway 73, Highway 365, West Port Arthur Road, and Highway 69, subject to the following conditions: a. Commercial excavations shall be limited to areas with a natural ground elevation of +2 feet MSL or less; b. Shall provide supplemental stormwater storage for the Alligator Bayou Ponding area; Staff Report E20-01 Page 4 of 15 c. Shall be acceptable to the city and drainage district no. 7, as an operational part of the drainage system; d. Shall obtain a 404 permit from the corps of engineers or a determination that one is not required. 4. Commercial excavation of earth materials in areas outside of the area as provided in subsection (3) above, shall only be permitted if the excavation, when completed, provides for storage of water for farm or ranch purposes, subject to the following conditions: a. Commercial excavation shall be completed within 18 months, with a possible extension of six months upon approval of the director of planning; b. No more than 70 percent of the earth material may be sold commercially. Remaining material shall remain on-site; c. No more than ten percent of the available land to be used for farm or ranch purposes may be excavated; d. A residence must be constructed on the property prior to the end of the excavation period; e. Fencing requirements under subsection 18-457(a) may be waived upon review and recommendation by the planning and zoning commission and approval by the city council, provided the farm or ranch is fenced. 5. With the exception of permits issued under subsection (4) above, the term of the permit is for a period of one year, with annual renewals subject to the recommendations of the director of public works and director of planning and approval of the city council. PUBLIC NOTICE: On Friday, November 6, 2020, eight (8) notices were mailed to adjacent property owners within a 200 ft. radius and published in the Port Arthur News; ten (10) days before the P&Z public hearing scheduled for November 16, 2020. FISCAL IMPACT/BUDGET IMPLICATIONS: N/A RECOMMENDED ACTION: In accordance with Chapter 94, Article VII, Section 94 -426, 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. This recommendation should be contingent upon the approval or disapproval of Ordinance Amendment request: O20-01, as well as the analysis and findings referenced in this report. Staff Report E20-01 Page 5 of 15 ATTACHMENTS: Attachment 1: Survey/Legal Description Attachment 2: Excavation Site Attachment 3: Elevation Attachment 4: Geotechnical Survey Attachment 5: Public Notice(s) Staff Report E20-01 Page 6 of 15 ATTACHMENT 1 Staff Report E20-01 Page 7 of 15 Staff Report E20-01 Page 8 of 15 Staff Report E20-01 Page 9 of 15 Staff Report E20-01 Page 10 of 15 ATTACHMENT 2 Staff Report E20-01 Page 11 of 15 ATTACHMENT 3 Staff Report E20-01 Page 12 of 15 ATTACHMENT 4 Staff Report E20-01 Page 13 of 15 ATTACHMENT 5 Staff Report E20-01 Page 14 of 15 Staff Report E20-01 Page 15 of 15 Staff Report O20-01 Page 1 of 13 City of Port Arthur Staff Report Planning & Zoning Commission REPORT DATE: 11/11/2020 CASE NO: O20-01 APPLICANT: Mary E. Young Properties AGENT: MMA, Inc. (Charles, Reeves, Jr., Purchaser) PROPERTY LOCATION: north of F.M. Highway 365 between U.S. Highway 69/96/287 and West Port Arthur Road REQUEST TYPE: Ordinance Amendment NATURE OF REQUEST: The Planning and Zoning Commission is being asked to consider a request for an ordinance amendment of Chapter 94 – Streets, Sidewalks, and other Public Places, Article VII. - Excavations, Section 94-452(3). – Conditions required for granting of the City of Port Arthur Code of Ordinances. Introduction: The Planning and Zoning Commission is being asked to consider a request to amend Chapter 94, Article VII, Section 94-452(3), of the City of Port Arthur Code of Ordinances to extend the boundary for commercial excavation of earth materials north of F.M. Highway 365. Summary and Request: The applicant is requesting an ordinance amendment to Chapter 94 – Streets, Sidewalks, and other Public Places, Article VII. - Excavations, Section 94-452(3). – Conditions required for granting, of the City of Port Arthur Code of Ordinances, to allow commercial excavation of earth materials north of F.M. Highway 365, which would include approximately 234.050-Acres of Land owned by Mary E. Young Properties, WM. McFaddin Survey, Section 10, Abstract No. 415 , and Port Arthur Land Company Subdivision. Per Section 94-452(3), commercial excavation of earth materials shall be permitted only in undeveloped areas bounded by Highway 73, Highway 365, West Port Arthur Road, and Highway 69, subject to the following conditions: . 444 4th Street 5th Floor – City Council Port Arthur, TX 77640 www.portarthur.net Staff Report O20-01 Page 2 of 13 a. Commercial excavations shall be limited to areas with a natural ground elevation of +2 feet MSL or less; b. Shall provide supplemental stormwater storage for the Alligator Bayou Ponding area; c. Shall be acceptable to the city and drainage district no. 7, as an operational part of the drainage system; d. Shall obtain a 404 permit from the corps of engineers or a determination that one is not required. Attachment 2 illustrates the current boundary and the area proposed for inclusion. PUBLIC NOTICE: On Friday, November 6, 2020, eight (8) notices were mailed to adjacent property owners within a 200 ft. radius and published in the Port Arthur News; ten (10) days before the P&Z public hearing scheduled for November 16, 2020. FISCAL IMPACT/BUDGET IMPLICATIONS: N/A RECOMMENDED ACTION: The city planning and zoning commission shall recommend to the city council the approval or disapproval of this request. ATTACHMENTS: Attachment 1: Proposed Amendment Attachment 2: Illustration of Boundary/Proposed Area Attachment 3: Site Location Attachment 4: Survey/Legal Description Attachment 5: Public Notice Staff Report O20-01 Page 3 of 13 Sec. 94-452. - Conditions required for granting. An excavation permit may be granted for a retention pond, detention pond or commercial excavation, subject to the following: (1) Noncommercial excavations providing for a retention pond (landscape feature ) may be granted, subject to the following conditions: a. Pond shall be located on the development site; b. Shall be supported by engineering data; c. Shall be acceptable to the city and drainage district no. 7, as operational part of the drainage system if designed to provide for detention as stated above in section 94 -421, "Definitions"; d. The retention pond shall not comprise more than 30 percent of the total land area of the proposed development, up to a maximum of ten acres. Excess excavated material beyond that required for the construction of the development may be exported off -site and sold to other developments. The excess material exported off -site shall not exceed 50 percent of the total material removed, or intended to be removed, from the excavation. In order to export material from the excavation, the developer must first deposit a bond in an amount equal to the cost of the proposed public infrastructure improvements or $100,000.00, whichever is greater. Said bond will be deposited with the director of planning and will be released after completion and acceptance the public infrastructure; e. Depth of the retention pond shall be designed to provide for proper circulation and freshness of the water within. Accordingly, the water surface elevation shall be a minimum of ten feet above the bottom of the excavation. In the event that this depth is not possible, developer may request that a fountain or other mechanical water circulation structure be approved. Such approval will be at the discretion of the director of planning, director of public works, and the director of community services; f. The retention pond shall be designed to include an emergency overflow and outfall channel to protect the residents of the development from flooding in the event of excessive precipitation or other such event that would cause the water to overtop the banks of the feature. The outfall channel must be designed to safely route any overflow water to an existing drainage feature or structure of sufficient capacity for the volume of overflow resulting from a 100-year storm event and away from the development; g. The retention pond shall be designed to include a minimum of one foot of freeboard between the normal water surface elevation and the top of the excavation. In addition, the development must be graded so that all structures will be constructed with a finish floor elevation that is a minimum of one-half (0.5) foot above the top of the excavation; h. The development must include a homeowner's association (HOA) that will provide for proper maintenance of the landscape feature. Such maintenance to include keeping the banks of the feature clean and mowed and keeping the water surface clean and uncluttered. The HOA will also be responsible for removing all debris from the feature and repairing all damages sustained by the feature in the event of a hurricane or other natural disaster. The expenses incurred by such activities shall be the sole responsibility of the HOA, the developer and the residents of the development. At no time will the feature ever be dedicated to the City of Port Arthur to be owned, operated or maintained by the city; i. The development shall include deed restrictions and the HOA shall adopt rules prohibiting the operation of motorized watercraft (boats, personal watercraft, etc.) on the pond; j. A major building (residential or commercial) must be constructed on the property within one year of the date of the permit. (2) Noncommercial excavations providing detention ponding may be utilized for individual commercial or industrial development projects, subject to the following conditions: ATTACHMENT 1 Staff Report O20-01 Page 4 of 13 a. Excavations for detention ponding shall be supported by engineering data; b. Acceptable to the city and drainage district no. 7, as an operational part of the drainage system; c. The detention pond shall be located on the development site; d. Shall in no case have a bottom elevation lower than -4 feet MSL; e. Excavated earth materials shall be used within the development or watershed area. (3) Commercial excavation of earth materials shall be permitted only in undeveloped areas bounded by Highway 73, Highway 365, West Port Arthur Road and Highway 69, including 234.050 Acres owned by Mary E Young Properties, located in the Wm. McFaddin Survey Section 10 Abstract No 415 and Port Arthur Land Company Subdivision Volume 1, Page 22 M.R.J.C, located Northwest of Highway 365, subject to the following conditions: a. Commercial excavations shall be limited to areas with a natural ground elevation of +2 feet MSL or less; b. Shall provide supplemental stormwater storage for the Alligator Bayou Ponding area; c. Shall be acceptable to the city and drainage district no. 7, as an operational part of the drainage system; d. Shall obtain a 404 permit from the corps of engineers or a determination that one is not required. Staff Report O20-01 Page 5 of 13 ATTACHMENT 2 Staff Report O20-01 Page 6 of 13 ATTACHMENT 3 Staff Report O20-01 Page 7 of 13 ATTACHMENT 4 Staff Report O20-01 Page 8 of 13 Staff Report O20-01 Page 9 of 13 Staff Report O20-01 Page 10 of 13 Staff Report O20-01 Page 11 of 13 ATTACHMENT 5 Staff Report O20-01 Page 12 of 13 Staff Report O20-01 Page 13 of 13 Staff Report Z20-01 Page 1 of 10 City of Port Arthur Staff Report Planning & Zoning Commission REPORT DATE: 11/11/2020 CASE NO: Z20-01 PROPERTY OWNER: Park 365, LTD APPLICANT: Community RV – Port Arthur, LLC PROPERTY LOCATION: north of F.M. Highway 365 between U.S. Highway 69 and West Port Arthur Road 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 Lots 1, 2, 3 & 8, Block 14, Range “L” and part of Lots 4 & 5, Block 14, Range “K,” Port Arthur Land Company Subdivision Total Acreage: 58.83-Acres of Land (Called 58.82) Current Zoning: “I” Industrial Proposed Zoning: Planned Development District (PD) Abutting Zoning: North/East/West: “I” Industrial South: Planned Development District – 4 (PD-4) Purpose of request: To allow for the construction of a Recreational Vehicle (RV) Resort and Commercial/Retail development Project Background: The Applicant seeks a zoning change for approximately 58.83-Acres of Land located in Port Arthur, TX, to allow for the construction of a Recreational Vehicle (RV) Resort per Chapter 58, Article III of the City of Port Arthur Code of Ordinance and Commercial/Retail development. The property is currently zoned as Industrial (I) and is surrounded by properties zoned as Industrial (I) and a Planned Development District. 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 motion or request from the 444 4th Street 5th Floor – City Council Port Arthur, TX 77640 www.portarthur.net Staff Report Z20-01 Page 2 of 10 city council institute study and proposal for changes and amendments in the public interest. 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 before 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 th an 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 the text of this ordinance not affecting a 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 than ten days from the date of publication. Access: The project entrance(s) will be located on F.M. Highway 365. Public Notice: On Friday, November 6, 2020, eight (8) notices were mailed to adjacent property owners within a 200 ft. radius and published in the Port Arthur News; ten (10) days before the P&Z public hearing scheduled for November 16, 2020. FISCAL IMPACT/BUDGET IMPLICATIONS: N/A RECOMMENDED ACTION: Staff recommends that the Planning and Zoning Commission makes its recommendation to the city council for the approval or disapproval of the request, according to Appendix A, Section 24.-Amendments, of the City of Port Arthur Zoning Ordinance . ATTACHMENTS: Attachment 1: Survey/Aerial Attachment 2: Zoning Map Attachment 3: Draft PD-40 Attachment 4: Public Notice (Newspaper) Staff Report Z20-01 Page 3 of 10 ATTACHMENT 1 Staff Report Z20-01 Page 4 of 10 Staff Report Z20-01 Page 5 of 10 ATTACHMENT 2 Staff Report Z20-01 Page 6 of 10 PLANNED DEVELOPMENT DISTRICT - 40 SECTION 1: AREA That the zoning designation of the following described tract of land be and the same is hereby zoned “PD-40”, Planned Development-40 District under the provisions of Section 19: 58.83 (Called 58.82) Acres of Land out of and part of Lots 1, 2, 3, & 8, Block 14, Range “L” and part of Lots 4 & 5, Block 14, Range “K”, Port Arthur Land Company Subdivision, Port Arthur, Jefferson County, Texas. SECTION 2: PERMITTED USES Use regulations for the “PD-40”, Planned Development-40 District permits uses as prescribed in Sections 7 for: 1. All uses permitted in the “A”, Agricultural District. 2. 27.48-acre tract including part of Lots 1, 2, and 3, Block 14, Range “L”, Port Arthur Land Company Subdivision shall also allow for uses permitted in the “MH”, Mobile Home District. 3. 5.54-acre tract including part of Lots 2 and 3, Block 14, Range “L”, Port Arthur Land Company Subdivision shall also allow for uses permitted in the “LC”, Light Commercial District. SECTION 3: DEVELOPMENT STANDARDS 1. The density, coverage, off-street parking, off-street loading, height, and yards shall comply with the standards established for the use in Section 7, unless otherwise authorized herein or on the Comprehensive Site Plan or development plan approved by the Planning and Zoning Commission. The height standards shall follow applicable approach zone height standards for the Jefferson County Airport, as they may apply to the premises, shall be observed. Noise standards shall be those established for Commercial districts. 2. Noise standards shall be those established for Commercia l Districts for non- residential uses and Residential districts for residential uses. 3. No building, sign, structure or other structural improvement shall be erected nearer than twenty-five (25) feet to the right-of-way of F.M. Highway 365. Driveways may be constructed across the land strip created by such setbacks but no portion of any such driveway which may be parallel to or approximately parallel to any street right-of-way line nor any off-street parking area adjacent to right-of-way shall be located nearer than fifteen (15) feet to such right -of-way line; it being the purpose and intent of this provision to create a minimum fifteen (15) foot strip for lawn, ATTACHMENT 3 Staff Report Z20-01 Page 7 of 10 planting and general landscaping purposes between any building and the s treet right-of-way and to permit only the construction of essential driveways and walks crossing such strip. 4. Recreational Vehicle (RV) or Mobile Home (MH) Parks/Resorts shall be developed in accordance with Chapter 58 of the City of Port Arthur Code of Ordinances. A site plan meeting all the requirements established in the applicable Article must be considered and approved by the planning and zoning commission. Staff Report Z20-01 Page 8 of 10 ATTACHMENT 4 Staff Report Z20-01 Page 9 of 10 NOTICE OF PUBLIC HEARING OF THE PLANNING & ZONING COMMISSION CITY OF PORT ARTHUR Notice is hereby given in accordance with Order Of The Governor Issued March 16, 2020, and Chapter 211 of the Texas Local Government Code That The Planning And Zoning Commission Of The City Of Port Arthur Will Hold A Public Hearing At 5:30 P.M. On Monday, November 16, 2020 [THERE WILL BE NO PUBLIC ACCESS TO CITY HALL FOR THE MEETING] By Telephonic And Videoconference In Order To Advance The Public Health Goal Of Limiting Face-To-Face Meetings (Also Called “Social Distancing”) To Slow The Spread Of The Coronavirus (COVID-19), Any Person May Participate And Address The City Council By Dialing One Of The Following Toll Free Numbers And Entering The Meeting ID: 830-4449- 7414 And Participant ID: 454720: (877) 853-5247 US Toll Free (888) 788-0099 US Toll Free I. Z20-01 – ZONING CHANGE REQUESTED FOR – APPROXIMATELY 58.82- ACRES OF LAND, PART OF LOTS 1, 2, 3 & 8, BLOCK 14, RANGE “L”, AND PART OF LOTS 4 & 5, BLOCK 14, RANGE “K”, PORT ARTHUR LAND COMPANY SUBDIVISION, CITY OF PORT ARHTUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED NORTH OF F.M. HIGHWAY 365 BETWEEN U.S. HIGHWAY 69/96/287 AND WEST PORT ARTHUR ROAD). PURPOSE OF THIS REQUEST IS TO CHANGE ZONING FROM INDUSTRIAL (I) TO PLANNED DEVELOPMENT DISTRICT (PD) FOR DEVELOPMENT OF A RECREATIONAL VEHICLE (RV) RESORT AND COMMERCIAL DEVELOPMENT. A Precise Drawing And Description Of This Property Will Be Presented At The Public Hearing And Can Be Examined In The City Planning Division, City Hall, Port Arthur, Texas. SPECIAL NOTICE IS MAILED TO PROPERTY OWNERS WITHIN 200’ OF THE SUBJECT PROPERTIES. IF YOU CANNOT ATTEND THE MEETING YOU MAY SEND A LETTER, COMMENTS OR CONCERNS TO THE DIRECTOR OF DEVELOPMENT SERVICES BEFORE THE NOVEMBER 16, 2020, MEETING DATE - CITY OF PORT ARTHUR, P.O. BOX 1089, PORT ARTHUR, TEXAS 77641-1089 OR BE PREPARED TO SPEAK BEFORE TO THE CLOSE OF THE PUBLIC HEARING ON NOVEMBER 16, 2020. Continued on back → Staff Report Z20-01 Page 10 of 10 LETTERS OF PROTEST (OPPOSITION) MAY BE: MAILED: CITY OF PORT ARTHUR, ATTN: PLANNING DIVISION, P.O. BOX 1089, PORT ARHTUR, TX 77641-1089 FAXED: (409) 983-8137 EMAILED: PAMELA.LANGFORD@PORTARTHURTX.GOV IF THERE ARE MORE QUESTIONS YOU MAY CALL THE PLANNING DIVISION AT (409) 983-8135. PAMELA D. LANGFORD, DIRECTOR OF DEVELOPMENT SERVICES ****************************** PUBLISHED IN PORT ARTHUR NEWSPAPER ON FRIDAY, NOVEMBER 6, 2020 Staff Report Z20-02 Page 1 of 9 City of Port Arthur Staff Report Planning & Zoning Commission REPORT DATE: 11/12/2020 CASE NO: Z20-02 PROPERTY OWNER: Steven Vu Trieu & Thai Sophia AGENT: Charles Shajari, BPALLC PROPERTY LOCATION: 2615 Twin City Highway 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: Lots 1 & 2, Block 22, Griffing Residential Park Total Acreage: Approximately 0.6457-Acre of Land Current Zoning: “SF” Single Family Proposed Zoning: “LC” Light Commercial Abutting Zoning: North/West: “SF” Single Family South: “LC” Light Commercial East: Groves, TX City Limits Purpose of request: To allow for the construction of a multiple family development (i.e., apartment complex) Project Background: The Applicant seeks a zoning change for approximately 0.6457-Acre Tract of Land located in the Griffing Residential Park Addition of Port Arthur, TX, to allow for the construction of a Multiple Family development (i.e., apartment complex) in accordance with Appendix A, Section 7-100 – Use of Land and Buildings. The property is currently zoned as Single Family (SF) and is surrounded by properties zoned as Single Family (SF) 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 motion or 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 Z20-02 Page 2 of 9 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 before 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 th an 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 the text of this ordinance not affecting a 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 than ten days from the date of publication. Access: The project entrance(s) will be located on Twin City Highway and 25th Street. Public Notice: On Friday, November 6, 2020, sixteen (16) notices were mailed to adjacent property owners within a 200 ft. radius and published in the Port Arthur News; ten (10) days before the P&Z public hearing scheduled for November 16, 2020. FISCAL IMPACT/BUDGET IMPLICATIONS: N/A RECOMMENDED ACTION: Staff recommends that the Planning and Zoning Commission makes its recommendation to the city council for the approval or disapproval of the request, according to Appendix A, Section 24.-Amendments, of the City of Port Arthur Zoning Ordinance . ATTACHMENTS: Attachment 1: Survey/Aerial Attachment 2: Site Plan Attachment 3: Zoning Map Attachment 4: Public Notice (Newspaper) Staff Report Z20-02 Page 3 of 9 ATTACHMENT 1 Staff Report Z20-02 Page 4 of 9 Staff Report Z20-02 Page 5 of 9 ATTACHMENT 2 Staff Report Z20-02 Page 6 of 9 ATTACHMENT 3 Staff Report Z20-02 Page 7 of 9 ATTACHMENT 4 Staff Report Z20-02 Page 8 of 9 NOTICE OF PUBLIC HEARING OF THE PLANNING & ZONING COMMISSION CITY OF PORT ARTHUR Notice is hereby given in accordance with Order Of The Governor Issued March 16, 2020, and Chapter 211 of the Texas Local Government Code That The Planning And Zoning Commission Of The City Of Port Arthur Will Hold A Public Hearing At 5:30 P.M. On Monday, November 16, 2020 [THERE WILL BE NO PUBLIC ACCESS TO CITY HALL FOR THE MEETING] By Telephonic And Videoconference In Order To Advance The Public Health Goal Of Limiting Face-To-Face Meetings (Also Called “Social Distancing”) To Slow The Spread Of The Coronavirus (COVID -19), Any Person May Participate And Address The City Council By Dialing One Of The Following Toll Free Numbers And Entering The Meeting ID: 830-4449-7414 And Participant ID: 454720: (877) 853-5247 US Toll Free (888) 788-0099 US Toll Free I. Z20-02 – ZONING CHANGE REQUESTED FOR – APPROXIMATELY 0.6457- ACRE OF LAND, ALL OF LOTS 1 & 2, BLOCK 33, GRIFFING RESIDENTIAL PARK SUBDIVISION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED AT 2615 TWIN CITY HIGHWAY). PURPOSE OF THIS REQUEST IS TO CHANGE ZONING FROM SINGLE FAMILY (SF) TO LIGHT COMMERCIAL (LC) FOR THE CONSTRUCTION OF A MULTI- FAMILY DEVELOPMENT (I.E., APARTMENTS). A Precise Drawing And Description Of This Property Will Be Presented At The Public Hearing And Can Be Examined In The City Planning Division, City Hall, Port Arthur, Texas. SPECIAL NOTICE IS MAILED TO PROPERTY OWNERS WITHIN 200’ OF THE SUBJECT PROPERTIES. IF YOU CANNOT ATTEND THE MEETING YOU MAY SEND A LETTER, COMMENTS OR CONCERNS TO THE DIRECTOR OF DEVELOPMENT SERVICES BEFORE THE NOVEMBER 16, 2020, MEETING DATE - CITY OF PORT ARTHUR, P.O. BOX 1089, PORT ARTHUR, TEXAS 77641-1089 OR BE PREPARED TO SPEAK BEFORE TO THE CLOSE OF THE PUBLIC HEARING ON NOVEMBER 16, 2020. Continued on back → Staff Report Z20-02 Page 9 of 9 LETTERS OF PROTEST (OPPOSITION) MAY BE: MAILED: CITY OF PORT ARTHUR, ATTN: PLANNING DIVISION, P.O. BOX 1089, PORT ARHTUR, TX 77641-1089 FAXED: (409) 983-8137 EMAILED: PAMELA.LANGFORD@PORTARTHURTX.GOV IF THERE ARE MORE QUESTIONS YOU MAY CALL THE PLANNING DIVISION AT (409) 983-8135. PAMELA D. LANGFORD, DIRECTOR OF DEVELOPMENT SERVICES ****************************** PUBLISHED IN PORT ARTHUR NEWSPAPER ON FRIDAY, NOVEMBER 6, 2020 Staff Report Z20-04 Page 1 of 8 City of Port Arthur Staff Report Planning & Zoning Commission REPORT DATE: 11/12/2020 CASE NO: Z20-04 PROPERTY OWNER: Makaira Management, LLC Susan Rising & Johnathan Morfin AGENT: Charles Shajari, BPALLC PROPERTY LOCATION: northeast corner of State Highway 73 and Jade 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: Tract 6, Lot 12, Block 17, Port Acres Addition Total Acreage: 8.948-Acres of Land Current Zoning: “LC” Light Commercial Proposed Zoning: “A” Agricultural Abutting Zoning: North/East: “SF” Single Family South/West: “SF” Single Family / “LC” Light Commercial Purpose of request: To allow for the construction of a Recreational Vehicle (RV) Resort Project Background: The Applicant seeks a zoning change for approximately 8.948-Acre Tract of Land located in the Port Acres Addition of Port Arthur, TX, to allow for the construction of a Recreational Vehicle (RV) Resort per Chapter 58, Article III of the City of Port Arthur Code of Ordinance. The property is currently zoned as Light Commercial (LC) and is surrounded by properties zoned as Single Family (SF) 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 motion or 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 Z20-04 Page 2 of 8 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 before 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 th an 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 the text of this ordinance not affecting a 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 than ten days from the date of publication. Access: The project entrance(s) will be located on Jade Avenue and State Highway 73 (with issuance of a TXDOT permit). Public Notice: On Friday, November 6, 2020, eight (8) notices were mailed to adjacent property owners within a 200 ft. radius and published in the Port Arthur News; ten (10) days before the P&Z public hearing scheduled for November 16, 2020. FISCAL IMPACT/BUDGET IMPLICATIONS: N/A RECOMMENDED ACTION: Staff recommends that the Planning and Zoning Commission makes its recommendation to the city council for the approval or disapproval of the request, according to Appendix A, Section 24.-Amendments, of the City of Port Arthur Zoning Ordinance . ATTACHMENTS: Attachment 1: Survey/Aerial Attachment 2: Zoning Map Attachment 3: Public Notice (Newspaper) Staff Report Z20-04 Page 3 of 8 ATTACHMENT 1 Staff Report Z20-04 Page 4 of 8 Staff Report Z20-04 Page 5 of 8 ATTACHMENT 2 Staff Report Z20-04 Page 6 of 8 ATTACHMENT 3 Staff Report Z20-04 Page 7 of 8 NOTICE OF PUBLIC HEARING OF THE PLANNING & ZONING COMMISSION CITY OF PORT ARTHUR Notice is hereby given in accordance with Order Of The Governor Issued March 16, 2020, and Chapter 211 of the Texas Local Government Code That The Planning And Zoning Commission Of The City Of Port Arthur Will Hold A Public Hearing At 5:30 P.M. On Monday, November 16, 2020 [THERE WILL BE NO PUBLIC ACCESS TO CITY HALL FOR THE MEETING] By Telephonic And Videoconference In Order To Advance The Public Health Goal Of Limiting Face-To-Face Meetings (Also Called “Social Distancing”) To Slow The Spread Of The Coronavirus (COVID -19), Any Person May Participate And Address The City Council By Dialing One Of The Following Toll Free Numbers And Entering The Meeting ID: 830-4449-7414 And Participant ID: 454720: (877) 853-5247 US Toll Free (888) 788-0099 US Toll Free I. Z20-04 – ZONING CHANGE REQUESTED FOR – APPROXIMATELY 8.948- ACRES OF LAND, PART OF LOT 12, BLOCK 17, PORT ACRES ADDITION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED ON THE NORTHEAST CORNER OF STATE HIGHWAY 73 AND JADE AVENUE). PURPOSE OF THIS REQUEST IS TO CHANGE ZONING FROM LIGHT COMMERCIAL (LC) TO AGRICULTURAL (A) FOR DEVELOPMENT OF A RECREATIONAL VEHICLE (RV) RESORT. A Precise Drawing And Description Of This Property Will Be Presented At The Public Hearing And Can Be Examined In The City Planning Division, City Hall, Port Arthur, Texas. SPECIAL NOTICE IS MAILED TO PROPERTY OWNERS WITHIN 200’ OF THE SUBJECT PROPERTIES. IF YOU CANNOT ATTEND THE MEETING YOU MAY SEND A LETTER, COMMENTS OR CONCERNS TO THE DIRECTOR OF DEVELOPMENT SERVICES BEFORE THE NOVEMBER 16, 2020, MEETING DATE - CITY OF PORT ARTHUR, P.O. BOX 1089, PORT ARTHUR, TEXAS 77641-1089 OR BE PREPARED TO SPEAK BEFORE TO THE CLOSE OF THE PUBLIC HEARING ON NOVEMBER 16, 2020. Continued on back → Staff Report Z20-04 Page 8 of 8 LETTERS OF PROTEST (OPPOSITION) MAY BE: MAILED: CITY OF PORT ARTHUR, ATTN: PLANNING DIVISION, P.O. BOX 1089, PORT ARHTUR, TX 77641-1089 FAXED: (409) 983-8137 EMAILED: PAMELA.LANGFORD@PORTARTHURTX.GOV IF THERE ARE MORE QUESTIONS YOU MAY CALL THE PLANNING DIVISION AT (409) 983-8135. PAMELA D. LANGFORD, DIRECTOR OF DEVELOPMENT SERVICES ****************************** PUBLISHED IN PORT ARTHUR NEWSPAPER ON FRIDAY, NOVEMBER 6, 2020