HomeMy WebLinkAboutPO 6922: CHANGING THE ZONING ON APPROXIMATELY 8.948-ACRES OF LAND IN THE PORT ACRES ADDITION Crh'0J
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Texas
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 g2
C?s,hj
RE: P.O. NO. 6922 —An ordinance changing the zoning on approximately
8.948-Acres of Land in the Port Acres Addition.
Introduction:
This agenda item intends to seek City Council's approval of P.O. NO. 6922, changing
the zoning on approximately 8.948-acres of land, Tract 6, Lot 12, Block 17, Port Acres
Addition, Port Arthur, Jefferson County, Texas, commonly known as "Paradise RV
Resort" from Light Commercial (LC) to Agricultural (A).
Background:
The applicants, Susan Rising & Johnathan Morfin, 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 Ill 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).
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
change is requested. Such notice shall be given not less than ten days before the date
"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
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. 6922, changing the zoning on
approximately 8.948-acres of land, Tract 6, Lot 12, Block 17, Port Acres Addition, Port
Arthur, Jefferson County, Texas, commonly known as "Paradise RV Resort" from Light
Commercial (LC) to Agricultural (A).
"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.6922
12/09/2020 PDL
PAGE 1 OF 8
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF PORT ARTHUR BY CHANGING THE ZONING ON
APPROXIMATELY 8.948-ACRES OF LAND, TRACT 6, LOT 12,
BLOCK 17, PORT ACRES ADDITION, 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.
Z20-04 — SUSAN RISING & JOHNATHAN MORFIN
WHEREAS, Susan Rising & Johnathan Morfin is the owner of certain real property
consisting of approximately 8.948-acres of land, Tract 6, Lot 12, Block 17, Port Acres
Addition, Port Arthur, Jefferson County, Texas, commonly known as "Paradise RV
Resort"; and,
WHEREAS, the Property will be combined and developed by Owner, its affiliates
or their successors and assigns, for construction and use in general accordance with the
Appendix "A", Section 9 of the City's Zoning Ordinance; 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 211.007, 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,
P.O. NO. 6922
12/09/2020 PDL
PAGE 2 OF 8
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 current needs of the community by meeting the following purpose in accordance with
Appendix "A", Section 9-100 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
Light Commercial (LC) District to the Agricultural (A) District:
8.948-ACRES OF LAND
TRACT 6, LOT 12, BLOCK 17
PORT ACRES ADDITION
PORT ARTHUR, JEFFERSON COUNTY, TEXAS
EXHIBIT "A"
P.O. NO.6922
12/09/2020 PDL
PAGE 3 OF 8
SECTION 2. 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 3. 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 4. That all ordinances and parts of ordinances in conflict herewith are
hereby repealed, but only to the extent of such conflict.
SECTION 5. That any person, firm, or corporation who violates any provision of
this Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not
exceeding Two Thousand 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 6. 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 7. 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
P.O. NO. 6922
12/09/2020 PDL
PAGE 4 OF 8
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 8. 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 `B").
SECTION 9. 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
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:
Councilmembers:
Noes:
Thurman Bill Bartie, Mayor
P.O. NO.6922
12/09/2020 PDL
PAGE 5 OF 8
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED AS TO FORM:
Valecia " I" Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
Ro d 'Ron" Burton, City Man er
Lt ( On
fa}
D. Langford, Director Of/
Development Services
P.O.NO.6922
12/09/2020 PDL
PAGE 6 OF 8
EXHIBIT "A"
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PAGE 8OF8
EXHIBIT "B"
Wei a,uecemuer 5-6,202U/The News C t A S S i F 1 E D 5/65
Lawn Care 1 Tree Se Public Notices Public Notices ! Public Notices
& Landscaping I • with State Comptroller's'rtiling - Street Sidewalks, and other PUBLIC NOTICE
#95-0.07 Public Places,Article VII. - Ex-
FLOWER BEDS T" cavations, Section 94-452 (3,i Noitce is hereby giving in so-
NEED CARE??? For inspection of the existing fa- -Conditions required for grant- cordance with the revised Civil
NEED TREE 'Itties contact Mic Cowart,Port ing, of the City of Port Arthur Statues and the Zoning Ordi-
TOTAL BED CLEAN-UP Director at:(409)971-2411. For Code of Ordinances to extend nance of the City of Port Arthur,
,....•„r technical information, including the boundary for commercial that the City Council of the City
"Mowing •Trimming 'Weeding ii...«.r. 3 drawings and specifications for excavation of earth materials to of Port Arthur will hold a Public
the requested work. contact include approximately 234.050- Hearing by Telephonic & Vid-
Call Les: 409-697-0999 EDVV Ron Arceneaux.P.E..in care of Acres of Land owned by Mary.E eoconference on Tuesday, De-
Arceneaux,Wiison&Cole,LLC Young Properties,WM. McFad- comber 22. 2020. at 6:00 p.m.,
TREE SE at (409) 724-7888. The Sabine din Survey,Section 10.Abstract to consider the following:
Pass Port Authority reserves No 415, and Port Arthur Land PROPOSED CHANGE:AI ZON-
Pest Control LANDS the right to reject any and all Company Subdivision The ING CHANGE FROM SINGLE
Est- bids and waive any formalities. public Will also be able to view FAMILY "SF"TO LIGHT COM-
the public hearing via the City's MERCIAL"LC"
Senior SABINE PASS PORT AU- website at www portarthurhurbr-
THORITY goy. LEGAL DESCRIPTION: AP-
disc OF JEFFERSON COUNTY, PROXIMATELY 0.6457-ACRE
~ All ki TEXAS Due to the COVID-19 Virus OF LAND, LOTS 1 AND 2.
restrictions that prohibit public BLOCK 22, GRIFFING REST-
(.. ) tree Port Arthur News: Dec. 5 and gatherings at City Hall, specific DENTAL PARK SUBDIVISION.
1B1D2020 questions regarding this project PORT ARTHUR. JEFFERSON
J INS can be addressed by contacting COUNTY,TEXAS
Free PUBLIC NOTICE the Planning and Zoning De-
Free PUBLIC partment (409) 983-8135. Any Due to COVID-19 Virus restric-
person may participate in the tions that prohibit public Bath-
COr1SU Notice is hereby given in ac- Public Hearing and address the ering at City Hall, citizens with
17* C cordance with the revised Civil City Council by dialing one of questions regarding description
Statues and the Zoning Ordi- the following Toll Free Numbers: of this property can contact the
10 Thomas nance of the City of Port Arthur, (877) 853-5247 US Toll Free ' City Planning Department at
that the City Council of the City and (8881 788-0099 US Toll (409)983-8135.The public will
409-7; of Port Arthur will hold a Public I Free ano'Enternc the Meeting also be able to view the Public
409-5• Hearing by Telephonic & Vid- ID: 851 7609 0677 and Partici- Hearing via the City's website
eoconference on Tuesday, De- pant ID:277513. at www.portarthurhurtx.gov.
?" mber 22, 2020, at 6:00 p.m., Anyperson may
ipate in
to consider the following:. Is/ Kelly Moore, Assistant City th Public Hearingpand caddress
PESTCO PROPOSED CHANGE: Secretary the City Council by dialing one
PROFESSIONAL PEST A ZONING CHANGE FROM of the following Toll Free Num-
CONTROL,INC. INDUSTRIAL"I"TO PLANNED Port Arthur News:Dec.5,2020 i tiers (877) 853 5247 US Toll
�= DEVELOPMENT DISTRICT PUBLIC HEARING Free and(888)788-0099 US Toll
First Time Customers ��A _40"PD-40" Free and Entering the Meeting
Imelust Off PUBLIC NOTICE ID: 851 7609 0677 and Partici-
Receive'Solutions for Bed Bugs ~ LEGAL DESCRIPTION: AP- pant ID:277513.
''' PROXIMATELY 58.83-ACRES Notice is hereby given in ac-
'Termites
•Rodent Control Statutes
cordance h the revised Civil KellyMoore,Assistant City Sec-
'Rodent Control etc. _ OF LAND (CALLED 58.82). Statutes and the Zoning Ordi- rota
PART OF LOTS 1,2.3 AND 8. nance of the City of Port Arthur, Port Arthur News:Dec.5,2020
FREE-ESTIMATES! t,� 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
Mld County:409-722-9889 BLOCK 14, RANGE"K", PORT Hearing by Telephonic & Vid- PUBLIC NOTICE
Cron 409-722r3889 ARTHUR LAND COMPANY eoconference on Tuesday. De-
gy: GOOD SUBDIVISION, PORT AR- comber 22, 2020, at 6:00 p.m., Notice of Public Hearing: On
_ THUR, JEFFERSON COUNTY, to consider the following: December 8, 2020. at 3:00 pm
Do you have available Jobs? SE TEXAS PROPOSED CHANGE:A ZON- the Board of the Sabine Nevi-
Call 409.721.2401 to let others ING CHANGE FROM LIGHT gation District will hold a
ub-
know about job opportunities 409-3f Due to the COVID-19 Virus re- COMMERCIAL "LC" TO AGRI- laic hearingat which members
at at your business. strictions thanprohibit
public CULTURAL"A" of the public can comment
i Promp' gathering at City Hall. citizens and be heard regarding possi-
•
with questions regarding de- LEGAL DESCRIPTION: AP- ble amendment of the Sabine
Roofing and Guttering service. Scription of the property can PROXIMATELY 8.948-ACRES Neches Navigation District's
depe
the City Planning De- OF LAND, TRACT 6. LOT 12, Tax Abatement Policy 2020.
@ partment at (409) 983-8135. BLOCK 17, PORT ACRES AD- The amendments being con-•
The public will also be able to DITION, PORT ARTHUR, JEF- sided would bring the Sabine
,
view the Public Hearing via the FERSON COUNTY.TEXAS Neches Navigation District's Tax
INSURED City's webs to at www portar- Abatement Policy 2020 into har-
Ej .....p PROT thurhurtx.gov. Any person may Due to the COVID-19 Virus mony with the Jefferson County
participate in the Public Hear- restrictions that prohibit public Tax Abatement Policy 2020 as
ROOFING
ing and the address the City gathering at City Hall, citizens amended October 2020.
Council by dialing one of the with questions regarding de-
' Public following Toll Free Numbers: scription of this property can Port Arthur News:
' ' ' '"'- (877) 853-5247 US Toll Free contact the City Planning De- Dec.1 -8,2020
Windows, Siding, and(888)788-0099 US Toll Free partment at (409) 983-8135. PUBLIC HEARING
Painting,Gutters, ' and Entering the Meeting ID: The public will also be able to
and Remodeling 851 7609 0677 and Participant view the Public Hearing via the
Servicing Commercial b ID:277513.
and Residential Clients!! Public, Kelly Moore,Assistant City Sec- thurh website at www porter- Need to find
thu .gov. Any person may the right employee?
Also offering a Senior PUBLI retary participate in the Public Hearing
Citizen Discount Port Arthur News:Dec 5,2020 and address the the following Council by WE CAN
Free Estimates dialing one of Toll u SABINE PUBLIC HEARING Free Numbers: (877)
www.abcoroofincitx.com AUTHORITY US Toll Free and (888) 788- HELP.
CALL TODAY COUN PUBLIC NOTICE 0099 US Toll Free and Entering
NOTICE the Meeting ID: 851 7609 0677
OF MAND Notice is hereby given that a and Participant ID:277513 Reach the Greater Port Arthur
Looking for CON Public Hearing of the City Coun- p Area for less using the Port Arthur
I a home? cil of the City of Port Arthur will Kelly Moore,Assistant City Sec- Newspapers classifieds.Need a
NOTICE IS be held by Telephonic & Vid-
r Look in our classifieds section , mAT A MAN eoconference on Tuesday, De rotary quick quote?Submit your online
at PANews.com.
and learn of great deals for you I CONFEREN comber 22. 2020 at 6.00 o.m., port Arthur News:Dec.5,2020 Call 409-721-2401.
and your family. Wednesday, 1 for the purpose of considering PUBLIC HEARING
•
I at 10:00 a.m. whether to amend Chapter 94