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HomeMy WebLinkAboutPO 6921: CHANGING THE ZONING ON APPROXIMATELY 0.6457-ACRE OF LAND IN GRIFFING RESIDENTIAL PARK City of , nrt rthu 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 RJ ,3W RE: P.O. NO. 6921 — An ordinance changing the zoning on approximately 0.6457-Acre of Land in Griffing Residential Park. Introduction: This agenda item intends to seek City Council's approval of P.O. NO. 6921, changing the zoning on approximately 0.6457-acre of land, Lots 1 & 2, Block 33, Griffing Residential Park, Port Arthur, Jefferson County, Texas from Single Family (SF) to Light Commercial (LC). Background: The applicants, Seven Vu Trieu & Thai Sophia, 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). 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 Planning and Zoning Commission recommended the proposed change be denied; therefore requiring an affirmative vote of at least three-fourths of all members of the City Council (i.e., at least six [6] members), in accordance with subsections (d) and (f) of Section 211.006 Texas Local Government Code and Section 24-105 of the City Zoning Ordinance. 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. 6921, changing the zoning on approximately 0.6457-acre of land, Lots 1 & 2, Block 33, Griffing Residential Park, Port Arthur, Jefferson County, Texas from Single Family (SF) to Light Commercial (LC). "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.6921 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 0.6457-ACRE OF LAND, LOTS 1 & 2, BLOCK 33, GRIFFING RESIDENTIAL PARK, 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. Z20-02 — STEVEN VU TRIEU & THAI SOPHIA WHEREAS, Steven Vu Trieu & Thai Sophia is the owner of certain real property consisting of approximately 0.6457-acre of land, Lots 1 & 2, Block 33, Griffing Residential Park, Port Arthur, Jefferson County, Texas; 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 15 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 denied; and, P.O. NO.6921 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 15-100 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 Single Family (SF) District to the Light Commercial (LC) District: 0.6457-ACRE OF LAND LOTS 1 & 2, BLOCK 33 GRIFFING RESIDENTIAL PARK PORT ARTHUR, JEFFERSON COUNTY, TEXAS 2615 TWIN CITY HIGHWAY EXHIBIT "A" P.O. NO. 6921 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. 6921 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 applies, the affirmative vote of at least three-fourths of all members of the City Council (i.e., at least six [6] members) is 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 P.O. NO.6921 12/09/2020 PDL PAGE 5 OF 8 ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: At/i.t 4-et4y_4 Valecia " al" Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Ron on" BurtOn, City Ma a er 77169, / J. 0, Pamela D. Langford, Directe/of Development Services P.O.NO.6921 12/09/2020 PDL PAGE 6 OF 8 EXHIBIT "A" Lot 12, Block 33 Lot 3, Block 33 Found sfart Sot • tsCodx 11.N 4r 13.00'E 125.00' aped a N 41'1Jb0'E 125.00.,9`� ' ' j _ -- '4porer o' Pole ^1 21.5' 16.3' Lot 2 +fr conc. walk Lot 13. Block 33 Block 33 4.0• single-story 12.3' VIwood garage -,y� �'M ii S ON{j i i 11.5' cov'd. wood4 „. •_ - W a 64.5' conc.-drive - •p �e�v c e _loft tone Lot 2 p _.P ^hk\w�, O. Lot 7 12.1-� — T. —„ '1. MN a.a.. a 1� water . �i 2-story 49.0' d meter "m wood residence III""""' n 0 N i 0 71.1"R 11.5' conc. walk b�y _ - 71.4' Lot 14, Block 33 le '1'9ob -2, in .t, ., Se! Q 2.8'5.0" .2.3.0' .8' cone, Y G1 SOIbM Ir. T Poor PZer ' rmo. z Lot 1 r.. Block 33 kao107.0 ' C' Rtlta100.00' S 0047b0'E Lot 15, Block 33 141.42' S 41.1500'W 25.00' (Bearing Basis) Teet Found rrsrma x ed Rod conc. walk \ l7 trbrke. ., ` cone. curb i...._ \J cov+c watk monhoe�Griffing Drive (a public roadway) Surveyor's Notes' 7. This survey was completed without the benefit of a title commitment, and not all easements or servitudes, whether of record or not, were reao.n ched at the time of this survey or shown hereon. 2. Ali bearings ore based on the centerline of GnYfing Drive, sold line being designated as S 41'I3'W on plot of Port Arthur Land Company Subdivision, as recorded in Vol. 1, Pg. 21, MRJCT, \ 3. According to Femo's Flood insurance Rate Map No. 483499 0035 E, Dated April 17, 4/ 1984, the subject property is located in Flood Zone "8". SCALE: 7" = 30' PREPARED EXCLUSIVELY FOR: Steven Vu Trieu and Thai Sophia I, Scott N. Brackin, Texas Registered Professional Land Surveyor No. 6650 do hereby certify that 1 hove mode o survey on the ground of the property shown hereon, and that the survey is true and correct to the best of try knowledge and belief. Sunny Data*dodo 19.2020 The subject tract being located at:2015 7U3m Nay. Part M6ti .At and being described as:(,OIS NO. 1!2.Obe' 33 of fi+NMnp's Rarldantld Pot* recorded in:Volume 3 at Pogo 204 of the Yap�smrda of Jefferson Coo*.Tnroa .yrs.4ccejc ,.p o. l r A.P:........GiT.jF..'9\ ! SCOTT N BRACKUt • surveyors, WC • ` ' Commercial-Industrial-Residential � • v.6650 , , S'. ./J6 17025 Old lath Road-Beaumont, Texas 777t3 `'9.yO SURveyO/ Telephone(409)838-6322 Facsimile 838-6122 www.occess-surveyors.com 6 rp1s51630od.com Scott N.BaCY. AM 202020e mac MA No.1073eeo0 tan adon:sos (swi) Rapi.red Prefeealor.d Land Surveyor No. 6650 P.O. NO.6921 12/09/2020 PDL PAGE 7 OF 8 . m , t1 - r obi 5- , a. . n .' ! : ' : ' +a , ' �3 d. tY ". .. 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For inspection of the existingfa- -Conditions 7 required for grant- Statues with the revised rdi- "'FED TREE cilities 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, technical information, including the boundary for commercial that the City Council of the City •Mowing -Trimming *Weeding s..+„.....i 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 EDWA Ron Ameneaux,RE.,in care of Acres of Land owned by Mary.E eoconference on Tuesday. De- Arceneaux,Wilson&Cole,LLC Young Properties,WM.McFad- camber 22,2020,at 6:00 p.m.. TREE SEI at(409)724-7888.The Sabine din Survey,Section 10.Abstract to consider the following: ZON- Pest Control LANDS( ris.ght to rejectPori any andry allCompany nd Pori Arthur S Subdivision. LThe ING CHANGE FROM SINGLE - bids and waive any formalities. public Will also be able to view FAMILY"SF"TO LIGHT COM- Est. the public hearing via the City's MERCIAL"LC" Senior t SABINEY PASS PORT AU- websiteatwww.portarhurhurtx_ h dISCC OF JEFFERSON COUNTY, gov. LEGAL DESCRIPTION: AP- TEXAS Due to the COVID-19 Virus OFOXIMALANDTELY LOTS 61 5AND P. All kir restrictions that prohibit public BLOCK 22, GRIFFING RESI- 4 .." tree ` Port Arthur News: Dec. 5 and gatherings at City Hall,specific DENTAL PARK SUBDIVISION, 12,2020 questions regarding this project PORT ARTHUR, JEFFERSON INSU BID can be addressed by contacting COUNTY,TEXAS Free PUBLIC NOTICE one Planning and Zoning De- partment (409) 983-8135. Any Due to COVID-19 Virus restrio- COIISUI Notice is hereby given in ao- Freon may participate in the tions that prohibit public gath- cordance withe the revised Civil Public Heartn_q and address the ering at City Hall, citizens with ` c' Statues and the ZoningOrdi- City Council by dialing one of questions regarding description Thomas nance of the Cityh of ort Arthur,Ordithe following Toll Free Numbers: of this property can contact the the CityCouncil of the City (877) 853.5247 US Toll Free City Planning Department at 409-7: that Port willu holdil a Public and (888) 788-0099 US Toll (409)983-8135.The public will of Port by Telephonic & Via Free and Entering the Meeting also be able to view the Public 409-5q eocohference on Tuesday, De- ID:851 7609 o67�i and Partici- Hearing via the City's webslte camber 22,2020,at 6:00 p.m., pant ID:277513. at www.portarthurhudx.gov. Any person may participate in toconsider t20 f0l PESTCO lowing . Is/ Kelly Moore,Assistant City the Public Hearing and address PROPOSED CHANGE: Secretary the City Council by dialing one Num- PROFESSIONAL PEST A ZONING CHANGE FROM of the foe7wi Toil Free Port Arthur News:Dec.5,2020 bens: (877) 853 5247 US Toll CONTROL,INC. INDUSTRIAL"I"TO PLANNED DEVELOPMENT DISTRICT PUBLIC HEARING Free and(Enters 8-0099 US Toll First Time Customers R/A.. Free and Entering the Meeting Receive 10%Off i�` 40"PD 40" PUBLIC NOTICE ID:pant851ID:7609 0677 and Partici- •Solutions for Bed Bugs '-- LEGAL DESCRIPTION: AP- Notice is hereby 277513. ac- •Termites F' PROXIMATELY 58.83-ACRES cordance with te givenrevised Cvil Kelly Moore,Assistant City Sec- •Rodent Control OF LAND (CALLED 58.82). Statutes and the ZoningOrdi- retary -Crazy Ants,etc. C PART OF LOTS 1.Z.3 AND 8, nance of the ,> BLOCK 14, RANGE "L" AND that the CityCity�Port Arthur, P HEARING Dec.5,2020 FREE-ESTIMATES( PART OF LOTS 4 AND 5, of Port Artur Council hold a Public PUBLIC Mid-County:409-722-9889 BLOCK 14,RANGE"K", PORT Hearing by Telephonic & Viid- PUBLIC NOTICE O n ty:409-722-9889 ARTHUR LAND COMPANY eoconference on Tuesday, De- 000DVI SUBDIVISION, PORT AR- comber 22,2020,at 8:00 p.m., Notice of Public Hearing: On THUR,JEFFERSON COUNTY, to consider the fol m Do you have available Jobs? SEA TEXAS PROPOSED CHANGE:A ZON- the eBoard omber f the Sabine at ONe0 vi- Call 409.721.2401 to let others ING CHANGE FROM LIGHT gallon District will hold a pub- know about job opportunities 409-31 Due to the COVID-19 Virus re- COMMERCIAL"LC"TO AGRI- lic heating at which members at your business. strictions thar prohibit public CULTURAL"A" of d the public can comment Promp gathering at City Hall, citizens and be heard regarding possi- Rooting end' service, with questions regarding de- LEGAL DESCRIPTION: AP- ble amendment of the Sabine t,�i.rw scription of the property can PROXIMATELY 8.948-ACRES Neches Navigation District's contact the City Planning De- OF LAND,TRACT 6. LOT 12, Tax Abatement Policy 2020. depe oartnient at (409) 983-8135. BLOCK 17,PORT ACRES Al)- The amendments being con- lite og&iW,Q proles `-tiel public will also be able toDiTION,PORT ARTHUR,JEF- sidered would bring the Sabine view the Public Hearing via the FERSON COUNTY,TEXAS Neches Navigation District's Tax INSURED City's website at www.portar- Abatement Policy 2020 into har- i PROTI thurhurtx.gov.Any person may Due to the COVID-19 Virus mony with the Jefferson County ROOFINGparticipate in the Public Hear- restrictions that prohibit public Tax Abatement Policy 2020 as ing and the address the City gathering at City Hall, citizens amended October 2020. &CONSTRUCTIONCouncil 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 pertinent 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 ServicingCommercial 1D:277513. ����� City's website at www.portar- Need to find and Residential Clients!! Kelly Moore,Assistant City Sec- thurhurtx.gov.Any person may the right employee? retary offering a Senior participate in the Public Hearing Citizen Discount PUBLI and address the City Council by WE FreeizEstimates Port Arthur News:Dec.5,2020 dialing one of the following Toll CAN wWW.abC Est matesCom SABINE PUBLIC HEARING Free Numbers:(877)853-5247 AUTHORITY US Toll Free and (888) 788- HELP. CALL TODAY COUN' PUBLIC NOTICE 0099 US Toll Free and Entering NOTICE' Notice is herebythe Meeting ID:851 7609 0677 OF MANDA given that a and Participant Looking for CONI Public Hearing of the City Coup- P nt ID:277513for Reach thesusing Greater Port Arthur a home? di of the City of Port Arthur will Area for less the Port Arthur NOTICE IS be held by Telephonic & Vid Ke , y ec- Newspapers classifieds.Need a Look in our classifieds section mAT A MANE. eoconference on Tuesday, De- retaryayMoore Assistant Cit S quick quote?Submit your ad online at PANews.com. and learn of great deals for you CONFERENC camber 22. 2020 at 6:00 p.m., Port Arthur News:Dec.5,2020 Call 409-721-2401. and your family. Wednesday,I for the purpose of considering PUBLIC HEARING at 10:00 a.m. whether toamend Chapter 94