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Home My WebLink About02-01-2021 REGULAR MEETING Planning & Zoning Commission Regular Meeting February 1, 2021 CITY OF PORT ARTHUR, TEXAS 444 4th STREET • FIFTH FLOOR - CITY COUNCIL CHAMBERS • PORT ARTHUR, TEXAS 77640 Location & Time Port Arthur City Hall Fifth Floor Council Chambers 444 4th Street Port Arthur, TX 77640 5:30 P.M. 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 Planning & Development Services Larry Badon, Planning & Development Services Manager Planning Staff PLANNING & ZONING COMMISSION MEETING AGENDA February 1, 2021 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, FEBRUARY 1, 2021 [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 ONE OF THE US TOLL-FREE NUMBERS AND ENTERING THE MEETING ID: 859-1469-1953, AND PARTICIPANT ID: 373421: (877) 853-5247 US TOLL-FREE (888) 788-0099 US TOLL-FREE I. Chairperson’s Opening Remarks II. Call to Order III. Roll Call IV. APPROVAL OF MINUTES A. None V. UNFINISHED BUSINESS A. NONE VI. NEW BUSINESS - PUBLIC HEARING ITEMS (INDIVIDUAL CONSIDERATION) A. R21-01 – REPLAT REQUESTED FOR – TRACT 5-A (BLOCK 13), A REPLAT OF 0.8727-ACRE OF LAND, PART OF LOTS 5 & 6, BLOCK 13, RANGE “I”, PORT ARTHUR LAND COMPANY SUBDIVISION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED AT 3260 F.M. HIGHWAY 365). THE PURPOSE OF THIS REQUEST IS TO COMBINE A PORTION OF TWO (2) LOTS INTO ONE (1) TRACT OF LAND FOR COMMERCIAL USE (I.E., JASON’S DELI). B. Z21-01 – ZONING AMENDMENT REQUESTED FOR – APPROXIMATELY 0.3375-ACRE OF LAND, ALL OF LOTS 10 & 11, BLOCK 35, BEACHWAY ADDITION, CITY OF PORT ARHTUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED NORTHEAST CORNER OF WOODWORTH BOULEVARD AND 13 TH STREET). THE PURPOSE OF THIS REQUEST IS TO AMEND PLANNED DEVELOPMENT DISTRICT 15 (PD-15) TO INCLUDE COMMERCIAL DEVELOPMENT ON SAID LOTS (I.E., BARBERSHOP/FOOD SERVICES). AGENDA CONTINUED… C. A21-01 – ABANDONMENT REQUESTED FOR – APPROXIMATELY 0.4591-ACRE OF LAND CONSISTING OF A DEDICATED AND UNIMPROVED PORTION OF THE 10TH AVENUE RIGHT-OF-WAY, SABINE PASS, JEFFERSON COUNTY, TEXAS (PROPERTY ADJACENT TO OR PART OF 5440 MECHANIC STREET). THE PURPOSE OF THIS REQUEST IN FOR THE CONSTRUCTION OF A SINGLE-FAMILY HOME. D. A21-02 – ABANDONMENT REQUESTED FOR – 1.425-ACRES OF LAND CONSISTING OF A DEDICATED AND IMPROVED PORTION OF HOUSTON AVENUE AND 4TH STREET RIGHTS OF WAY, PORT ARTHUR, JEFFERSON COUNTY, TEXAS (THE PROPERTY IS LOCATED WITHIN THE PORT OF PORT ARTHUR NAVIGATION DISTRICT’S OPERATIONAL AREA – SOUTH OF PROCTER STREET). THE PURPOSE OF THIS REQUEST IS FOR THE SECURITY AND CONTINUANCE OF PORT OPERATIONS. E. A21-03 – ABANDONMENT REQUESTED FOR – 1.351-ACRE OF LAND CONSISTING OF A DEDICATED AND IMPROVED PORTION OF RAILROAD AVENUE AND 5TH STREET RIGHTS-OF-WAY, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (THE PROPERTY IS LOCATED WITHIN THE PORT OF PORT ARTHUR NAVIGATION DISTRICT’S OPERATIONAL AREA – WEST OF HOUSTON AVENUE AND SOUTH OF WEST REV. RANSOM HOWARD STREET). THE PURPOSE OF THIS ABANDONMENT IS FOR THE SECURITY AND CONTINUANCE OF PORT OPERATIONS. VII. NEW BUSINESS - NON-PUBLIC HEARING ITEMS A. STAFF REPORT B. ADJOURNMENT Next Scheduled Meeting Date: February 15, 2021 DATED THIS THE ______ DAY OF ____________________ 2021 Pamela D. Langford, Director of Planning & 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 bulletin board at City Hall/Municipal Building on the _____ da y of ________________, 2021 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 Staff Report: R20-33/City of Port Arthur Page 1 of 6 PLANNING & ZONING COMMISSION CASE NO. R20-33 September 9, 2019 Regular Meeting Staff Report REPORT DATE: 01/29/2021 PROPERTY OWNER: LeRoy Swammy APPLICANT: -Same- SURVEYOR/ENGINEER: Soutex Surveyors & Engineers PROPERTY LOCATION: 2019 Procter Street, Port Arthur, TX 77640 REQUEST TYPE: Approval of replat of Lots in the City of Port Arthur Addition NATURE OF REQUEST: The Planning and Zoning Commission is being asked to consider a replat request for the following: Replat of: All of Lots 9 & 10, Block 77 New Tract Name(s): Tract 9-A, Block 77 Lot Dimensions: 100’ X 140” (14,000 SF) Total Acreage: 0.3217-Acre of Land Current Zoning: “LC” Light Commercial Proposed Zoning: No Change Abutting Zoning: North: Multiple Family (MF) South/East/West: Light Commercial (LC) Comprehensive Plan Future Land Use: Retail/Commercial Purpose of replat: To combine two (2) lots one (1) Tract of Land for residential development (i.e., single family home). BACKGROUND INFORMATION: On Saturday, January 16, 2021, eighteen (18) notices were mailed to adjacent property owners within a 200 ft. Radius, as well as published in the Port Arthur Newspaper; fifteen (15) days before the P&Z public hearing scheduled for February 1, 2021. 444 4th Street • 5th Floor – City Council • Port Arthur, TX 77640 • www.portarthurtx.gov Staff Report: R20-33/City of Port Arthur Page 2 of 6 FISCAL IMPACT/BUDGET IMPLICATIONS: N/A RECOMMENDED ACTION: Staff recommends approval of the proposed Replat which complies with Section 212.014 of the Texas Local Government Code and Appendix A, Section 15 of the Port Arthur Code of Ordinances. ATTACHMENTS: Attachment 1: Proposed Replat Attachment 2: Zoning Designation (Layout) Attachment 3: Aerial Photograph Attachment 4: Public Notice (Newspaper) Staff Report: R20-33/City of Port Arthur Page 3 of 6 ATTACHMENT 1 Staff Report: R20-33/City of Port Arthur Page 4 of 6 ATTACHMENT 2 Staff Report: R20-33/City of Port Arthur Page 5 of 6 ATTACHMENT 3 Staff Report: R20-33/City of Port Arthur Page 6 of 6 ATTACHMENT 4 Staff Report: R21-01/Port Arthur Land Co. Sub’d Page 1 of 6 PLANNING & ZONING COMMISSION CASE NO. R21-01 February 1, 2021 Regular Meeting Staff Report REPORT DATE: 01/29/2021 PROPERTY OWNER: Springfield DG Partners LLC APPLICANT: -Same- SURVEYOR/ENGINEER: Soutex Surveyors & Engineers PROPERTY LOCATION: 3260 F.M. Highway 365, Port Arthur, TX 77642 REQUEST TYPE: Approval of replat of Lots in the Port Arthur Land Company Subdivision NATURE OF REQUEST: The Planning and Zoning Commission is being asked to consider a replat request for the following: Replat of: Part of Lots 5 & 6, Block 13, Range “I”, Port Arthur Land Co. Sub’d New Tract Name(s): Tract 5-A, Block 13, Range “I”, Port Arthur Land Co. Sub’d Lot Dimensions: 494’ X 73’ (36,062 SF) Total Acreage: 0.8727-Acre of Land Current Zoning: “PD-2” Planned Development District – 2 Proposed Zoning: No Change Abutting Zoning: North: City of Nederland, TX city limits South/East/West: Planned Development District – 2 (PD-2) Comprehensive Plan Future Land Use: Retail/Commercial Purpose of replat: To combine a portion of two (2) lots into one (1) Tract of Land for commercial development (i.e., Jason’s Deli). BACKGROUND INFORMATION: On Saturday, January 16, 2021, four (4) notices were mailed to adjacent property owners within a 200 ft. Radius, as well as published in the Port Arthur Newspaper; fifteen (15) days before the P&Z public hearing scheduled for February 1, 2021. 444 4th Street • 5th Floor – City Council • Port Arthur, TX 77640 • www.portarthurtx.gov Staff Report: R21-01/Port Arthur Land Co. Sub’d Page 2 of 6 FISCAL IMPACT/BUDGET IMPLICATIONS: N/A RECOMMENDED ACTION: Staff recommends approval of the proposed Replat which complies with Section 212.014 of the Texas Local Government Code and Appendix A, Section 19 of the Port Arthur Code of Ordinances. ATTACHMENTS: Attachment 1: Proposed Replat Attachment 2: Zoning Designation (Layout) Attachment 3: Aerial Photograph Attachment 4: Public Notice (Newspaper) Staff Report: R21-01/Port Arthur Land Co. Sub’d Page 3 of 6 ATTACHMENT 1 Staff Report: R21-01/Port Arthur Land Co. Sub’d Page 4 of 6 ATTACHMENT 2 Staff Report: R21-01/Port Arthur Land Co. Sub’d Page 5 of 6 ATTACHMENT 3 Staff Report: R21-01/Port Arthur Land Co. Sub’d Page 6 of 6 ATTACHMENT 4 Staff Report: Z20-01/Beachway Addition Page 1 of 8 PLANNING & ZONING COMMISSION CASE NO. Z21-01 February 1, 2021, Regular Meeting Staff Report REPORT DATE: 01/29/2021 PROPERTY OWNER: Jarmon Batiste APPLICANT: -Same- PROPERTY LOCATION: northwest corner of 13th Street and Woodworth Boulevard (2900 Block – Odd Side of Street) REQUEST TYPE: Zoning Amendment requested for Land in Beachway Addition NATURE OF REQUEST: The Planning and Zoning Commission is being asked to consider a zoning amendment for the following: Property Description: All of Lots 10 & 11, Block 35, Beachway Addition Total Acreage: 0.3375-Acre of Land Current Zoning: “2F” Two Family Proposed Zoning: “PD-15” Planned Development District - 15 Abutting Zoning: North: Planned Development District – 15 (PD-15) South/East/West: Two Family (2F) Comprehensive Plan Future Land Use: Retail/Commercial Purpose of replat: To allow for commercial development that will include a barber/beauty shop and/or sale of food and beverage BACKGROUND: An application was first filed with the Planning and Zoning Commission on October 9, 2018, requesting a Zoning Amendment for the property referenced above. The Commission held a public hearing on November 19, 2018, where citizens were invited to express their support or opposition to said request. Based on the discussion, the Planning and Zoning Commission voted unanimously to recommend the zoning amendment's approval. 444 4th Street • 5th Floor – City Council • Port Arthur, TX 77640 • www.portarthurtx.gov Staff Report: Z20-01/Beachway Addition Page 2 of 8 Planning Staff prepared a resolution requesting a second public hearing with the Po rt Arthur City Council; however, the hearing was canceled due to unforeseen circumstances. The property owner submitted a request to resubmit the application for consideration on December 23, 2020. ANALYSIS: Section 19 of the Zoning Ordinance provides di strict regulations for development in said district. The purpose of the “PD” planned development district is to provide greater flexibility and innovation opportunities in projects. Generally, greater detail is necessary about the proposed uses and the site plan for a PD development than required for the same use(s) in another district. ACCESS: The project entrance(s) is located on 13th Street. PUBLIC NOTICE: On Saturday, January 16, 2021, nineteen (19) notices were mailed to adjacent property owners within a 200 ft. Radius and published in the Port Arthur Newspaper, fifteen (15) days before the P&Z public hearing scheduled for February 1, 2021. FISCAL IMPACT/BUDGET IMPLICATIONS: N/A RECOMMENDED ACTION: Staff recommends that the Planning and Zoning Commission accept the request to amend Planned Development District – 15 (PD) to allow for uses associated with the Light Commercial (LC) zoning designation. ATTACHMENTS: Attachment 1: Survey/Aerial Attachment 2: Zoning Designation (Layout) Attachment 3: PD-15 Description Attachment 4: PD-15 Description (Proposed) Attachment 5: Public Notice (Newspaper) Staff Report: Z20-01/Beachway Addition Page 3 of 8 ATTACHMENT 1 Staff Report: Z20-01/Beachway Addition Page 4 of 8 Staff Report: Z20-01/Beachway Addition Page 5 of 8 ATTACHMENT 2 Staff Report: Z20-01/Beachway Addition Page 6 of 8 ATTACHMENT 3 Staff Report: Z20-01/Beachway Addition Page 7 of 8 ATTACHMENT 4 Proposed Amendment PLANNED DEVELOPMENT DISTRICT – 15 SECTION 1. AREA That the zoning designation of the following described tract of land be and the same is hereby zoned “PD-15”, Planned Development – 15 District under the provisions of Section 19: Being all of Block 28, and Lots 1-9, Block 35, City Addition and all of Lots 10 and 11, Block 35, Beachway Addition. SECTION 2. PERMITTED USES Use regulations for the “PD-15”, Planned Development – 15 District permits uses as prescribed in Section 7 for: 1. All of Block 28 shall allow for uses permitted in the “HC”, Heavy Commercial District. 2. All of Lots 10 and 11, Block 35, Beachway Addition shall allow for uses permitted in the “LC” Light Commercial District. SECTION 3. DEVELOPMENT STANDARDS The density, coverage, off-street parking, off-street loading, height, fence and wall, and yards shall equal or exceed the standards established for the “LC”, Light Commercial District for all uses. Noise standards shall be those established for the Commercial District for all uses. Staff Report: Z20-01/Beachway Addition Page 8 of 8 ATTACHMENT 5 Staff Report: A20-01/Sabine Pass Page 1 of 6 PLANNING & ZONING COMMISSION CASE NO. A21-01 February 1, 2021, Regular Meeting Staff Report REPORT DATE: 01/29/2021 PROPERTY OWNER: City of Port Arthur, a municipal corporation APPLICANT: Henry J. Semour AGENT: Tim Williams, Keller Williams Realty PROPERTY LOCATION: property adjacent to or part of 5440 Mechanic Street, Sabine Pass, TX REQUEST TYPE: Abandonment of a portion of a dedicated street right-of-way NATURE OF REQUEST: The Planning and Zoning Commission is being asked to consider a request for abandonment for the following: Property Description: An approximately 0.2754-Acre portion of an unimproved/dedicated public right-of-way, known as S. 10th Avenue and being part of Tract 2, Block 10, Range I, Sabine Pass Total Acreage: 0.2754-Acre of Land (approximate) Current Zoning: “HC” Heavy Commercial Proposed Zoning: No Change Abutting Zoning: North/South/East: “HC” Heavy Commercial West: “MF” Multiple Family Purpose of request: To abandon a portion of unimproved public right-of-way for residential use/development (i.e., single-family home) BACKGROUND: Notification of this proposed abandonment was submitted to all utility entities servicing the City of Port Arthur for comment and acceptance. The Planning Staff has not received any objections to this request; however, the City’s Public Works Departments has requested that the property be graded to allow stormwater to drain towards Mechanic Street. Also noting that “no stormwater shall drain onto adjacent properties before and after structures are built.” 444 4th Street • 5th Floor – City Council • Port Arthur, TX 77640 • www.portarthurtx.gov Staff Report: A20-01/Sabine Pass Page 2 of 6 PUBLIC NOTICE: On Saturday, January 16, 2021, five (5) notices were mailed to adjacent property owners within a 200 ft. Radius and published in the Port Arthur Newspaper, fifteen (15) days before the P&Z public hearing scheduled for February 1, 2021. FISCAL IMPACT/BUDGET IMPLICATIONS: An appraisal will be conducted on the portion of unimproved/dedicated public right-of-way, and the applicant will be required to pay fair market value for the conveyance of said land. RECOMMENDED ACTION: Staff recommends that the Planning and Zoning Commission accept the request to abandon portions of the street right-of-way referenced above. ATTACHMENTS: Attachment 1: Property Survey/Description Attachment 2: JCAD Aerial Attachment 3: Public Notice (Newspaper) Staff Report: A20-01/Sabine Pass Page 3 of 6 ATTACHMENT 1 Staff Report: A20-01/Sabine Pass Page 4 of 6 Staff Report: A20-01/Sabine Pass Page 5 of 6 ATTACHMENT 2 Staff Report: A20-01/Sabine Pass Page 6 of 6 ATTACHMENT 3 Staff Report: A20-02/City of Port Arthur Page 1 of 7 PLANNING & ZONING COMMISSION CASE NO. A21-02 February 1, 2021, Regular Meeting Staff Report REPORT DATE: 01/29/2021 PROPERTY OWNER: City of Port Arthur, a municipal corporation APPLICANT: Port of Port Arthur Navigational District PROPERTY LOCATION: Houston Avenue (between 4th Street and Procter Street) and 4th Street (between Houston Avenue and San Antonio), Port Arthur, TX REQUEST TYPE: Abandonment of a portion of a dedicated street right-of-way NATURE OF REQUEST: The Planning and Zoning Commission is being asked to consider a request for abandonment for the following: Property Description: An approximately 1.425-Acre portion of an improved/dedicated public right-of-way, known as Houston Avenue and 4th Street Total Acreage: 1.425-Acre of Land Current Zoning: “I” Industrial Proposed Zoning: No Change Abutting Zoning: North/South/East/West: “I” Industrial Purpose of request: To abandon a portion of improved public right-of-way for Port expansion operation and access. BACKGROUND: Notification of this proposed abandonment was submitted to all utility entities servicing the City of Port Arthur for comment and acceptance. The Planning Staff has not received any objections to this request; however, the Port has agreed to simultaneously dedicate utility easements for existing and proposed utilities as well as dedicated ingress/egre ss easements providing legal access to current adjoining property owners. 444 4th Street • 5th Floor – City Council • Port Arthur, TX 77640 • www.portarthurtx.gov Staff Report: A20-02/City of Port Arthur Page 2 of 7 PUBLIC NOTICE: On Saturday, January 16, 2021, thirteen (13) notices were mailed to adjacent property owners within a 200 ft. Radius and published in the Port Arthur Newspaper, fifteen (15) days before the P&Z public hearing scheduled for February 1, 2021. FISCAL IMPACT/BUDGET IMPLICATIONS: An appraisal for the Street ROW was conducted by Cook & Associates, Inc. of Beaumont, Texas , in October 2020. As a result of the investigation and analysis and by the opinion of a licensed and qualified real estate appraiser, a fair and reasonable consideration for the proposed acquisition of said right -of-way is $99,500. RECOMMENDED ACTION: Staff recommends that the Planning and Zoning Commission accept the request to abandon portions of the street right-of-way referenced above. ATTACHMENTS: Attachment 1: Property Survey/Description Attachment 2: JCAD Aerial Attachment 3: Public Notice (Newspaper) Staff Report: A20-02/City of Port Arthur Page 3 of 7 ATTACHMENT 1 Staff Report: A20-02/City of Port Arthur Page 4 of 7 Staff Report: A20-02/City of Port Arthur Page 5 of 7 Staff Report: A20-02/City of Port Arthur Page 6 of 7 ATTACHMENT 2 Staff Report: A20-02/City of Port Arthur Page 7 of 7 ATTACHMENT 3 Staff Report: A20-03/City of Port Arthur Page 1 of 7 PLANNING & ZONING COMMISSION CASE NO. A21-03 February 1, 2021, Regular Meeting Staff Report REPORT DATE: 01/29/2021 PROPERTY OWNER: City of Port Arthur, a municipal corporation APPLICANT: Port of Port Arthur Navigational District PROPERTY LOCATION: Railroad Avenue (between 5th Street and Rev. Ransom HowardStreet) and 5th Street (between Houston Avenue and Railroad Avenue), Port Arthur, TX REQUEST TYPE: Abandonment of a portion of a dedicated street right-of-way NATURE OF REQUEST: The Planning and Zoning Commission is being asked to consider a request for abandonment for the following: Property Description: An approximately 1.351-Acre portion of an improved/dedicated public rights-of-way, known as 5th Street and Railroad Avenue Total Acreage: 1.351-Acre of Land Current Zoning: “I” Industrial Proposed Zoning: No Change Abutting Zoning: North/South/East/West: “I” Industrial Purpose of request: To abandon a portion of improved public right-of-way for Port expansion operation and access. BACKGROUND: Notification of this proposed abandonment was submitted to all utility entities servicing the City of Port Arthur for comment and acceptance. The Planning Staff has not received any objections to this request; however, the Port has agreed to simultaneously dedicate utility easements for existing and proposed utilities as well as dedicated ingress/egre ss easements providing legal access to current adjoining property owners. 444 4th Street • 5th Floor – City Council • Port Arthur, TX 77640 • www.portarthurtx.gov Staff Report: A20-03/City of Port Arthur Page 2 of 7 PUBLIC NOTICE: On Saturday, January 16, 2021, fifteen (15) notices were mailed to adjacent property owners within a 200 ft. Radius and published in the Port Arthur Newspaper, fifteen (15) days before the P&Z public hearing scheduled for February 1, 2021. FISCAL IMPACT/BUDGET IMPLICATIONS: An appraisal for the Street ROW was conducted by Cook & Associates, Inc. of Beaumont, Texas , in October 2020. As a result of the investigation and analysis and by the opinion of a licensed and qualified real estate appraiser, a fair and reasonable consideration for the proposed acquisition of said right -of-way is $103,000. RECOMMENDED ACTION: Staff recommends that the Planning and Zoning Commission accept the request to abandon portions of the street right-of-way referenced above. ATTACHMENTS: Attachment 1: Property Survey/Description Attachment 2: JCAD Aerial Attachment 3: Public Notice (Newspaper) Staff Report: A20-03/City of Port Arthur Page 3 of 7 ATTACHMENT 1 Staff Report: A20-03/City of Port Arthur Page 4 of 7 Staff Report: A20-03/City of Port Arthur Page 5 of 7 Staff Report: A20-03/City of Port Arthur Page 6 of 7 ATTACHMENT 2 Staff Report: A20-03/City of Port Arthur Page 7 of 7 ATTACHMENT 3