HomeMy WebLinkAboutPO 6972: AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY CREATING PLANNED DEVELOPMENT DISTRICT NO. 40 (PD-40) City of
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DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF PLANNING AND ZONING
INTEROFFICE MEMORANDUM
Date: June 12, 2021
To: The Honorable Mayor and City Council
Through: Ronald "Ron" Burton, City Manager
From: Pamela D. Langford, Director of Development Services 4-4\-
RE: P.O. NO. 6972 - An ordinance amending the Zoning Ordinance of the
City of Port Arthur by creating Planned Development District No. 40 (PD-
40).
Introduction:
This agenda item intends to seek City Council's approval of P.O. NO. 6972, amending
Appendix A- Zoning of the City of Port Arthur Code of Ordinance, by creating Planned
Development District No. 40 (PD-40) for 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.
The purpose of this request is 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.
Background:
An application was filed with the Planning and Zoning Commission in February 2020,
requesting a Zoning Change for the property referenced above. The Commission held
a public hearing on November 16, 2020, and a second hearing was held by City Council
on December 22, 2020. At that time, City Council voted 3:2 to deny the request.
In accordance with Appendix A, Section 24-107 of the City Zoning Ordinance, once the
city council has denied a proposal, or when an application has been withdrawn at or
"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
before the commission meeting thereon and after giving of public notice, no new
applications of like nature shall be accepted by the city or scheduled for hearing by the
commission within a period of 12 months of the date of council denial or withdrawal of
application; provided, however, on receipt of written request by the original applicant
stating how conditions have changed substantially in the community since consideration
of the prior proposal so as to justify an earlier review of this matter, the planning and
zoning commission may waive the mandatory delay period and authorize acceptance
of a new application.
The original applicant submitted written request dated for April 22, 2021, requesting
reconsideration of said request, siting the following substantial changes:
• 13.54-Acres of Land dedicated to multiple family residential units (i.e., apartment
complex)
• 3.58-Commercial/Retail Tract
• 3.29-Commercial/Retail Tract (Flexible Buildings)
The applicant also provided City Officials with an economic impact study, estimating the
resulting tax value at $54 mil.
Based on the request for reconsideration, the applicant was asked to reapply, and the
Planning and Zoning Commission held a public hearing on the new request on May 17,
2021, where citizens were invited to express their support or opposition to said request.
The Planning and Zoning Commission voted 4:0 recommending the zoning
amendment's approval based on the discussion.
On May 11, 2021, City Council approved Resolution No. 21-193 calling for a second
public hearing. The City Secretary's Office prepared and mailed notifications for said
public hearing, as well as published public notice in the Port Arthur Newspaper on May
22, 2021.
City Council held a public hearing on June 8, 2021.
Budget Impact:
None
Recommendation:
It is recommended that City Council approve P.O. NO. 6972, amending Appendix A —
Zoning of the City of Port Arthur Code of Ordinance, by creating Planned Development
District No. 40 (PD-40) for 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.
"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.6972
06/12/2021 PDL
PAGE 1 OF 10
ORDINANCE NO
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF PORT ARTHUR BY CREATING PLANNED DEVELOPMENT
DISTRICT NO. 40 [PD-40] ON APPROXIMATELY 58.83-ACRES OF
LAND (CALLED 58.82), CONSISTING OF PART OF LOTS 1, 2, 3 AND 8,
BLOCK 14, RANGE "L", AND PART OF LOTS 4 AND 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 AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION
DATE.
Z21-05 — COMMUNITY RV — PORT ARTHUR, LLC
PLANNED DEVELOPMENT DISTRICT NO. 40 (PD-40)
WHEREAS, in accordance with Appendix A, Section 24-100 of the City of Port
Arthur Zoning Ordinance, Community RV— Port Arthur, LLC having a proprietary interest
in the real property consisting of approximately 58.83-Acres of Land (Called 58.82),
consisting of part of Lots 1, 2, 3 and 8, Block 14, Range "L", and part of Lots 4 and 5,
Block 14, Range "K", Port Arthur Land Company Subdivision, Jefferson County, Texas,
has petitioned the City Council for a change or amendment to the zoning of said property;
and
WHEREAS, all requirements of Article XI, Section 2(b) of the City Charter and
Appendix A — Zoning of the City of Port Arthur Code of Ordinances; including Sections
211.006 and 211 .007 of the Texas Local Government Code, having been fulfilled, the City
Council held a public hearing June 8, 2021, at 6:00 p.m.; and
WHEREAS, the property will be combined and developed by the Owner, its
affiliates or their successors and assigns, for construction and use in general accordance
with the Appendix A, Sections 7-100 and 19 of the City's Zoning Ordinance; and
P.O. NO.6971
06/12/2021 PDL
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WHEREAS, in accordance with Section 211.007 of the Texas Local Government
Code, and Section 24-103 of the City's Zoning Ordinance, the Planning and Zoning
Commission held a public hearing for this case May 17, 2021, as well as written notices
were sent to each owner, before the 10th day before the hearing date, as indicated by the
most recent approved municipal tax roll, of real property within 200 feet of the property
on which the change in classification is proposed; and
WHEREAS, the Planning and Zoning Commission recommended "Approval" of
this request; and
WHEREAS, in accordance with Section 211 .006(a) of the Texas Local
Government Code, and Section 24-104 of the City's Zoning Ordinance, City Council held
a public hearing for this case on June 8, 2021. Official notice of the time and place of the
hearing was published in the official newspaper of the City of Port Arthur before the 15th
day of said hearing; and,
WHEREAS, the Port Arthur City Council has reviewed this proposed Ordinance
and finds that it would be in the public interest and general welfare of the city; 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 19 of the City's Zoning Ordinance; and
WHEREAS, the proposed change could have been protested in accordance with
Section 211.006(d) of the Texas Local Government Code; and
P.O. NO.6971
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WHEREAS, Section 211.006(d)(f) of the Texas Local Government Code and
Section 24-105 of Appendix A-Zoning, of the Port Arthur Code of Ordinances are
applicable for the prosed change to take effect; and
WHEREAS, these laws require the affirmative vote of three-fourths of all members
of the City Council (i.e. at least six (6) members) if the proposed change is protested in
writing and signed by the owners of at least 20% of either: (1) the area of the lots or land
covered by the proposed change; or (2) the area of lots or land immediately adjoining the
area covered by the proposed change and extending 200 feet from that area; 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 40 (PD-40) District:
58.83-ACRES OF LAND (CALLED 58.82), CONSISTING OF
PART OF LOTS 1, 2, 3 AND 8, BLOCK 14, RANGE "L", AND
PART OF LOTS 4 AND 5, BLOCK 14, RANGE "K",
PORT ARTHUR LAND COMPANY SUBDIVISION
PORT ARTHUR, JEFFERSON COUNTY, TEXAS
LOCATED NORTH OF F.M. HIGHWAY 365,
BETWEEN U.S. HIGHWAY 69 AND
WEST PORT ARTHUR ROAD
EXHIBIT "A"
Section 2. That the Building Official and the Director of Planning & Development
Services are authorized and directed to make all necessary changes to the official "Zoning
Map, City of Port Arthur, Texas," on file in the offices of Inspections and Permitting and
the Planning and Zoning Divisions, so as to reflect on said Map, the changes hereby
made in conformity with the legend of said Map.
P.O.NO.6971
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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 holding 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
$2,000.00, as provided in Chapter 1, Section 1-13 of the Code of Ordinances, and each
day which violation is permitted to exist shall constitute a separate and distinct offense.
Section 6. That this 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 because this request has not been protested according to Section
24-105 of Appendix A— Zoning of the Port Arthur Code of Ordinances or 211.006 of the
Texas Local Government Code, a three-fourths (3/4) majority (6 votes) is not required for
the adoption of this Ordinance.
READ, ADOPTED AND APPROVED this day of June A.D., 2021 at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following
votes: AYES:
MAYOR:
COUNCILMEMBERS:
P.O. NO.6971
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PAGE 5 OF 10
NOES:
Thurman Bill Bartle, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED AS TO FORM:
Valecia "Val" Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
ald "Ron" Burton, City Manager
0.4-ri L. k (b' 6-11 CI°
Pamela D. Langford, Ass'itant City Manager— Operations/
Director of Planning & Development Services
P.O.NO.6971
06/12/2021 PDL
PAGE 6 OF 10
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.
4. All uses permitted in Heavy Density Residential (HDR) or Multiple Family (MF)
zoned districts.
5. All uses permitted in Retail (R) or Light Commercial (LC) zoned districts.
6. All uses permitted in Commercial (C) of Heavy Commercial (HC) zoned
districts.
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.
P.O. NO.6971
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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
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.6971
06/12/2021 PDL
PAGE 8 OF 10
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