HomeMy WebLinkAboutPO 6920: CREATING PLANNED DEVELOPMENT DISTRICT - 40 (PD-40) City of
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www.PortArthurTx.gov
DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF PLANNING AND ZONING
INTEROFFICE MEMORANDUM
Date: December 10, 2020
To: The Honorable Mayor and City Council
Through: Ronald "Ron" Burton, City Manager
From: Pamela D. Langford, Director of Development Services ig4W
RE: P.O. NO. 6920 —An ordinance creating Planned Development District—
40 (PD-40).
Introduction:
This agenda item intends to seek City Council's approval of P.O. NO. 6920, by creating
Planned Development District — 40 (PD-40) on approximately 58.83-Acres of Land
(Called 58.82), 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, commonly known as "Community RV Resort— Port Arthur."
Background:
The applicant, Community RV — Port Arthur, LLC, 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.
On November 16, 2020, the Planning and Zoning Commission held a public hearing on
the 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
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
change is requested. Such notice shall be given not less than 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 than ten days from the date
of publication.
The Port Arthur City Council will hold a public hearing regarding the proposed change
on December 22, 2020.
Budget Impact:
None
Recommendation:
It is recommended that City Council approve P.O. NO. 6920, by creating Planned
Development District — 40 (PD-40) on approximately 58.83-Acres of Land (Called
58.82), 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, commonly known as "Community RV Resort — Port Arthur."
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.O. NO. 6920
12/09/2020 PDL
PAGE 1 OF 9
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF PORT ARTHUR BY CREATING PLANNED
DEVELOPMENT DISTRICT — 40 ON APPROXIMATELY 58.83-
ACRES OF LAND (CALLED 58.82), 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 (VIOLATION OF
THIS ORDINANCE OR THE ZONING ORDINANCE OF THE CITY
OF PORT ARTHUR IS PUNISHABLE AS PROVIDED IN SECTION
1-13 OF THE CODE OF ORDINANCES AS AMENDED BY FINE
NOT EXCEEDING TWO THOUSAND [$2,000.00] DOLLARS); AND
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER
OF THE CITY OF PORT ARTHUR EFFECTIVE IMMEDIATELY
AFTER PUBLICATION DATE.
Z20-01 — COMMUNITY RV — PORT ARTHUR, LLC
WHEREAS, Community RV— Port Arthur, LLC is the owner of certain real property
consisting of approximately 58.83-acres of land (called 58.82), 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, commonly known as
"Community RV Resort — Port Arthur"; and,
WHEREAS, the Property will be subdivided and developed by Owner, its affiliates
or their successors and assigns, for construction and use in general accordance with the
Appendix "A", Section 19 of the City's Zoning Ordinance; and,
WHEREAS, pursuant to Appendix "A", Section 19 of the City's Zoning Ordinance,
the Owner has submitted a Comprehensive Site Plan (Exhibit "B') of the development
that sets forth: the specific categories of land use to be permitted; requirements for ingress
and egress to the property; public streets with adequate rights-of-way in conformance
with the thoroughfare plan; private streets or driveways; sidewalks; utilities; drainage;
parking space; height of building; maximum lot coverage, yards and open spaces,
screening walls or fences and other development and protective requirements considered
P.O. NO. 6920
12/09/2020 PDL
PAGE 2 OF 9
necessary to create a reasonable transition to the protection of the adjacent property;
and,
WHEREAS, all the requirements of Article XI of the Charter and the Zoning
Ordinance of the City of Port Arthur, Texas, including the Texas Local Government Code,
Sections 211.006 and 211.07, having been fulfilled, the City Council held a public hearing
December 22, 2020, at 6:00 p.m.; and,
WHEREAS, the proposed change may be protested in accordance with subsection
(d) of said Section 211.006; and,
WHEREAS, after public notice, the Planning and Zoning Commission conducted
a public hearing on November 16, 2020, and recommended the proposed request be
approved; and,
WHEREAS, pursuant to subsections (d) and (f) of Section 211.006 Texas Local
Government Code, Section 24-105 of the City Zoning Ordinance requires in order for the
proposed change to take effect, the affirmative vote of at least three-fourths of all
members of the City Council (i.e., at least six [6] members) if the proposed change is
protested in accordance with said subsection (d) of the City's Planning and Zoning
Commission recommends that the proposed change to a regulation or boundary be
denied; and,
WHEREAS, the City Council has reviewed this proposed Ordinance and has
determined that it promotes the health, safety, and general welfare of the citizens of Port
Arthur; complies with the intent of the City of Port Arthur Comprehensive Plan; and is
necessary in light of changes in the neighborhood; and,
WHEREAS, the City Council finds that this proposed Ordinance ensures the
compatibility of land uses and allows for the adjustment of changing demands to meet the
P.O. NO.6920
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current needs of the community by meeting the following purpose in accordance with
Appendix "A", Section 19-200 of the City's Zoning Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
SECTION 1. That the zoning designation on the following tract of land located in
the City of Port Arthur, Jefferson County, Texas be and the same is changed from the
Industrial (I) District to Planned Development District — 40 (PD-40):
58.83-ACRES OF LAND (CALLED 58.82)
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
EXHIBIT "A"
SECTION 2. That Planned Development District No. 40 (PD-40) shall be created
subject to the standards, as delineated in Exhibit "A".
SECTION 3. That the Building Official and the Director of Development Services
are authorized and directed to make all necessary changes to the "Zoning Map, City of
Port Arthur, Texas", on file in the offices of the Building Official and the Planning and
Zoning Commission, so as to reflect on said Map, the changes hereby made in conformity
with the legend of said map.
SECTION 4. That, if any section, subsection, sentence, clause, phrase, or portion
of this Ordinance is, for any reason, held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such shall not affect the validity of the remaining portions
hereof.
SECTION 5. That all ordinances and parts of ordinances in conflict herewith are
hereby repealed, but only to the extent of such conflict.
P.O. NO.6920
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SECTION 6. 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 Dollars [$2,000.00] as provided in Section 1-13 of the Code of
Ordinances, and each day such violation shall be permitted to exist shall constitute a
separate offense.
SECTION 7. That the ordinance or its caption and penalty shall be published at
least one (1) time within ten (10) days after final passage hereof in the official newspaper
of the City of Port Arthur. This Ordinance shall take effect immediately after the date of
such publication.
SECTION 8. That pursuant to section 211 .006(d) of the Texas Local Government
Code, if a proposed change to a regulation or boundary is protested in accordance with
this subsection, the proposed change must receive, in order to take effect, the affirmative
vote of at least three-fourths of all members of the governing body. The protest must be
written and signed by the owners of at least 20 percent of either: (1) the area of the lots
or land covered by the proposed change; or (2) the area of the lots or land immediately
adjoining the area covered by the proposed change and extending 200 feet from that
area.
SECTION 9. That in accordance with Section 211.006(d) of the Texas Local
Government Code, notification was mailed to adjacent property owners within a 200 ft.
radius of the proposed site, as well as published in the Port Arthur Newspaper a minimum
of 15 days prior to the public hearing (Exhibit "C').
SECTION 10. That because Section 211.006 (d-f) of the Texas Local Government
Code and Section 34-105 of the Zoning Ordinance does not apply, the affirmative vote of
P.O. NO. 6920
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PAGE 5 OF 9
at least three-fourths of all members of the City Council (i.e., at least six [6] members) is
not required to adopt this Ordinance.
READ, ADOPTED AND APPROVED this the day of December, A.D.,
2020 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the
following votes: AYES:
Mayor:
Council members:
Noes:
Thurman Bill Bartie, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED AS TO FORM:
26/ke „` xtiti
Gam-
Valecia al Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
Ronald "Ron" Burton, City M n ger
ant
Pamela D. Langford, Director of
Development Services
P.O.NO.6920
12/09/2020 PDL
PAGE 6 OF 9
EXHIBIT "A"
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 Commercial 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
P.O. NO.6920
12/09/2020 PDL
PAGE 7 OF 9
and intent of this provision to create a minimum fifteen (15) foot strip for lawn,
planting and general landscaping purposes between any building and the street
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.
P.O.NO.6920
12/09/2020 PDL
PAGE 8 OF 9
EXHIBIT "B"
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P.O.NO.6920
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PAGE 9 OF 9
EXHIBIT "C"
we t,uecemuer b-b,2020/The News CLASSIFIEDS/BS
Lawn Care Tree Service Public Notices Public Notices Public Notices Public Notices
li Landscaping
lion Building Conference Room with State Comptroller's ruling - Street,Sidewalks, and other PUBLIC NOTICE
of the Sabine Pass Port Author- #95-0.07.
ity of Jefferson County, Texas Public Places,Article VII.-Ex-
FLOWER BEDS cavations, Section 94-452 (3). Noitce is hereby giving in ac-
NEED CARE to discuss the construction of For inspection of the existing fa- -Conditions required for grant- cordance with the revised Civil
NEED TREE CARE? dredging of the public Marina cilities contact Mic Cowart,Port Mg, of the City of Port Arthur Statues and the Zoning Ordi-
TOTAL BED CLEAN-UP on the grounds of the Sabine Director at:(409)971-2411.For Code of Ordinances to extend nance of the City of Port Arthur,
Pass Port Authority(the "Pro technical information, Including the boundary for commercial that the City Coundl of the City
•Mowing -Trimming -Weeding -" •
ecl"). Thereafter, sealed bids drawings and specifications for excavation of earth materials to of Port Arthur will hold a Public
Call Les:"9-697-0999 addressed to the Sabine Pass the requested work contact include approximately 234.050- Hearing by Telephonic & Vid-
EDWARD S Port Authority for commercial Ron Arceneaux,PE.,in care of Acres of Land owned by Mary.E eoconference on Tuesday. De-
TREE SERVICE& dredging services will be re- Arceneaux,Wilson&Cole,LLC Young Properties,WM.Mclad- camber 22,2020,at 6:00 p.m.,
calved at the office of the Port at(409)724-7888.The Sabine din Survey,Section 10,Abstract to consider the following:
PestControl LANDSCAPING nd PROPOSED CHANGE:A ZON-
Director,
il Milton larPP t Authority reservesCompany and
ntil12'0p.m. local timeon heighttortany and all Subdivison. The ING CHANGE FROM SINGLE
Est.1990 Monday, December 2020 and bids and waive any formalities. public will also be able to view FAMILY"SF"TO LIGHT COM-
all bids received will tmmedi- the public hearing via the City's MERCIAL"LC"
Senior Citizens ately(hereafter be opened and SABINE PASS PORT AU- website at www.portarthurhurtx.
- • read at 5960 South 1st Avenue, THORITY gov. LEGAL DESCRIPTION: AP-
discount. Sabine Pass, Texas. The bid OF JEFFERSON COUNTY, PROXIMATELY 0.6457-ACRE
All kinds of shall be on a unit pricing basis. TEXAS Due to the COVID-19 Virus OF LAND, LOTS 1 AND 2.
Any bid received after closing restrictions that prohibit public BLOCK 22, GRIFFING RESI-
% tree work time will be returned unopened. Port Arthur News: Dec. 5 and gatherings at City Hall,specific DENTAL PARK SUBDIVISION,
4 12,2020 questions regarding this project PORT ARTHUR JEFFERSON
INSURED A performance bond and pay- BID can be addressed by contacting COUNTYTEXAS
Free tree merit bond,each in the amount PUBUC NOTICE the Planning and ZoningDe-
.,. Free of one hundred percent(100%) partment (409)983-8135.Any Due to COVID-19 Virus reside-
0
consultation of the contract price,will be re- person may participate in the bons that prohibit public gath-
Call ens with
Law for any accordance in with
trIn ex- 'cordance with th State Notice is e liiven in ac- Public re revised Civil City Council byand
dialinggress ethe of questions regardi at City ng description
r' Thomas Edgerly cess of Twenty-Five Thousand Statues and the Zoning Odi- the following Toll Free Numbers: of this property can,contact the
9 y ($25,000)Dollars.A Bid Bond In nance of the City of Port Arthur, (877) 853-5247 US Toll Free City Planning Department al
409-724-1591 the amount of 5%of the total bid that the City Council of the City and (888) 788-0099 US Toll (409)983-8135.The public will
• must also be submitted with the of Port Arthur will hold a Public Free and Entering the Meeting also be able to view the Public
409-540-4912 Bid documents. Hearing by Telephonic & Vld- ID:851 7609 0677 and Partici- Hearing via the City's website
eoconference on Tuesday,De- pant ID:277513- at www.portarthurhurtx.gov.
Each bidder will be required camber 22,2020,at 6:00 p.m., Any person may participate In
PESTCO to
Pass Pont hold Authorrity the to consider the following:. is/
Illy Moore,Assistant City City Couring and by dialing
asPublic the ancil d one
PROFESSIONAL PEST an additional insured and car- PROPOSED CHANGE: of the following Toll Free Num-
CONTROL,INC- a k tificate holder under the poll- A ZONING CHANGE FROM PortArtttur News:Dec.5,2020 bers: (877) 853 5247 US Toe
cy(ies),with minimum coverag- INDUSTRIAL'P TO PLANNED PUBLIC HEARING Free and(868)788-0099 US Toll
First Time Customers '/ (�, es as set forth in the Insurance DEVELOPMENT DISTRICT Free and Entering the Meeting
tt�ii, Requirements section found in -40"PD-40" PUBLIC NOTICE ID:851 7609 0677 and Partici-
-Solutionugs the Instructions to Bidders.Ad- pant ID:277513.
•Tennitee *4• ditionaty, plans, specifications LEGAL DESCRIPTION: AP- Notice is hereby given in ao-
-Rodent Control %' and/or drawings for the Con- PROXIMATELY 58.83-ACRES cordance with the revised Crud Kelly Moore,Assistant City Sec-
•Crazy Ants,etc. struction of the Pie Cap Project OF LAND (CALLED 58.82), Statutes and the Zoning Odi- rotary
C may be obtained directly from PART OF LOTS 1,2,3 AND 68 nance of the City of Port Arthur, Port Arthur News:Dec.5,2020
FREE-E8TIMAESI :� the Sabine Pass Port Authority. BLOCK 14, RANGE "L• AND that the City Council of the City PUBLIC HEARING
PART OF LOTS 4 AND 5, of Port Arthur will hold a Public
M1dCounty:409-722-988S Attention is celled to the fact that BLOCK 14.RANGE"K".PORT Hearing by Telephonic & Vld- PUBLIC NOTICE
Orange:409-986.424S GOODWIN TREE this s a contract for construction ARTHUR LAND COMPANY eoconference on Tuesday, De-
of public works and that there SUBDIVISION, PORT AR- camber 22,2020,at 6:00 p.m., Notice of Public Hearing: On
SERVICE must be paid on same not less THUR,JEFFERSON COUNTY, to consider the following: December 8,2020,at 3:00 pm
Do you have available lobs? than the prevailing wage rates TEXAS PROPOSED CHANGE:A ZON- the Board of the Sabine Navi-
Ca11408.721.2401 to let others which have been established ING CHANGE FROM LIGHT gallon District wit hold a pub-
know about job opportunities 409-350-9918 b all a licable statutes and Due to the COVID-19 Virus re- COMMERCIAL"LC"TO AGRI- laic hearingat which members
at your business. Y PP
the terms of this contract put- stricaons than prohibit public CULTURAL of the public can comment
Prompt quality
andMINN (Uttering suant to State Law and which gathering at City Hall, citizens and be heard regarding possi-
11g service, done by tars t documents.set out in tail in the The CoM� scripli with on ofonthhe regarding c n LEPROXIMATELY EAL LYRIPTION: AP- hie 8.948-ACR S Nech amendment Navigationhe Sabine
District's
dependable for shall forfeit as a penalty to contact the City Planning De- OF LAND,TRACT 6, LOT 12, Tax Abatement Policy 2020.
the Sabine Pass Port Authority, pertinent at (409) 983-8135. BLOCK 17,PORT ACRES AD- The amendments being con-
professionals! Sixty($60.00)Dollars for each The public will also be able to DITION,PORT ARTHUR,JEF- sidered would bring the Sabine
INSURED FOR YOUR laborer, workman or mechanic view the Public Hearing via the FERSON COUNTY,TEXAS Neches Navigation District's Tax
employed, for each calendar City's website et wvnvporter- Abatement Policy 2020 into hat-
�� PROTECTION! day,or portion thereof, if such thurhurtx.gov.Any person may Due to the COVID-19 Virus mony with the Jefferson County
ROOFING laborer,workman or mechanic participate in the Public Hear- restrictions that prohibit public Tax Abatement Policy 2020 as
is paid less than the said stip- ing and the address the City gathering at City Hall, citizens amended October 2020.
8 C011RVC.TI N ulaled rates for any work done Counci by dialing one of the with questions regarding de-
Public Notices under the contrail,by him,or flow)ing Toll Free Numbers: scription of the property can Port Arthur News:
Windows,Siding, by any subcontractor under and(888)788-7 US U US Tot Free Free contact
ontta t the
City Planning 'De- Dec.1-8,2020
Painting,Gutters, him. A copy of such current p (409) 983-8135. PUBLIC HEARING
wage schedule is included in and Entering the Meeting ID: The public will also be able to
and Remodeling the contract documents and any 851 7609 0677 and Participant view the Public Hearing via the
Servicing Commercial Public Notices Equal Employment Opportunity ID:277513. City's website at www.portar- Need to find
and Residential Clientslt requirements must be met. Kelly Moore,Assistant City Sec- thurhurbc.gov.Any person may the right employee?
Also offering a Senior rotary participate in the Public Hearing
Citizen Discount PUBLIC NOTICE This contract is issued by an and address the City Council by
Free Estimates SABINE PASS PORT organization which qualifies Port Arthur News:Dec.5,2020 dialing one of the following Toll WE CAN
www.abcoroofingtx.com AUTHORITY OF JEFFERSON for exemption pursuant to the PUBLIC NEARING Free Numbers:(877)853-5247
CALL TODAY provisions of Article 20.04(f)of US Toll Free and (888) 788- HELP.
COUNTY,TEXAS PUBLIC NOTICE
_NOTICE TO BIDDERS the Texas Tax Act Sates,The C Excise 0099 US Toll Free and Entering
--._-_—---____._ and Use Act.The Contras- -. .. . . .. . the Meeting ID:851 7609 0677