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Home My WebLink AboutPO 7016: AMENDING THE ZONING ORDINANCE Ciry of ort rthur� www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF PLANNING AND ZONING INTEROFFICE MEMORANDUM Date: March 7, 2022 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, City Manager From: Pamela D. Langford, Director of Planning and Development Services (Epc,,,y RE: P.O. NO. 7016 — An Ordinance amending the Zoning Ordinance of the City of Port Arthur by changing zoning designations. Introduction: This agenda item intends to seek City Council's approval of P.O. NO. 7016, amending Appendix A — Zoning of the City of Port Arthur Code of Ordinance, by changing the zoning from Single-Family (SF) to Industrial (I) for 39.589-acres of Land out of Lots 3, 4, 5, & 6, Block 3, Range "C", Port Arthur Land Company Subdivision, Port Arthur, Jefferson County, Texas. The owners/applicants, Thomas and Evelyn Kemper seek this zoning change for mixed- use development (i.e., commercial and/or industrial uses), including warehousing. Background: An application for a zoning change was filed with the Planning and Zoning Commission on July 20, 2021. The application was filed by Land to Sky Realty, acting as an agent for the landowners. The Public Notice was published in the Port Arthur Newspaper on September 3, 2021, and mailed to adjacent property owners within 200 ft. of the subject site. The Commission held a public hearing on September 20, 2021, over Zoom and voted 3:0 recommending approval of the said request. On September 21, 2021, City Council approved Resolution No. 21-416, calling for a public hearing. The City Secretary's Office prepared and mailed notifications for 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 public hearing on October 27, 2021 , and published a public notice in the Port Arthur Newspaper on October 23, 2021. City Council held a public hearing on November 9, 2021 , at 10:00 a.m. There were no members of the public to oppose this request in writing in accordance with Section 211.006 of the Texas Local Government Code. The preliminary ordinance was prepared and submitted to the legal department on November 12, 2021 , for inclusion on the November 23, 2022, Council agenda. However, due to the nature of the request, the legal department requested a signed and notarized statement from the property owners indicating their knowledge and desire to move forward with the re-zoning application. On February 6, 2022, Planning Staff received an updated application and acknowledgment statement, signed and notarized by the property owners, indicating their interest in moving forward with the request. Budget Impact: None Recommendation: It is recommended that City Council approve P.O. No. 7016, amending Appendix A — Zoning of the City of Port Arthur Code of Ordinance, by changing the zoning from Single-Family (SF) to Industrial (I) for 39.589-acres of Land out of Lots 3, 4; 5, & 6, Block 3, Range "C", 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. 7016 03/08/2022 PDL PAGE 1 OF 10 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY CHANGING THE ZONING ON 39.589- ACRES OF LAND OUT OF LOTS 3, 4, 5 & 6, BLOCK 3, RANGE "C", 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. Z21-06 — THOMAS & EVELYN KEMPER WHEREAS, Thomas & Evelyn Kemper is the owner of certain real property consisting of 39.589-acres of land out of Lots 3, 4. 5, & 6, Block 3, Range "C", Port Arthur Land Company Subdivision, 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 17 of the City's Zoning Ordinance; and, WHEREAS, a rezoning application was submitted to the Planning Division on July 20, 2021. as delineated in Exhibit "A"; and, WHEREAS, after public notice, the Planning and Zoning Commission conducted a public hearing on September 20, 2021, and recommended the proposed request be approved: 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 November 9, 2021 , at 10:00 a.m.; and, P.O. NO. 7016 11/12/2021 PDL PAGE 2 OF 10 WHEREAS, the proposed change may be protested in accordance with Subsection (d) of said Section 211 .006; 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 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 adjusting changing demands to meet the community's current needs by meeting the purpose outlined in Appendix "A", Section 17- 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 Industrial (I) District: 39.589-ACRES OF LAND LOTS 3, 4, 5, & 6, BLOCK 3, RANGE "C" PORT ARTHUR LAND COMPANY SUBDIVISION P.O. NO. 7016 11/12/2021 PDL PAGE 3 OF 10 PORT ARTHUR, JEFFERSON COUNTY, TEXAS EXHIBIT "B" 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. 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 [32,000.00] 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. P.O. NO.7016 11/12/2021 PDL PAGE 4 OF 10 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 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 "C"). 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, a simple majority vote of the City Council is sufficient to adopt this Ordinance. READ, ADOPTED AND APPROVED this the day of March, A.D., 2022 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: Mayor: Council members: Noes: P.O. NO. 7016 11/12/2021 PDL PAGE 5 OF 10 Thurman Bill Bartle, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: 2/Le,t,„,7 u, .Q h- o3 Valecia "Val" Tizeno, City Attorney APPROVED FOR ADMINISTRATION: nald "Ron" Burton, City Manager Arm < ):-- h ± ....L .ip Pamela D. Langford, Asstant City Manager— Operations/ Director of Development Services P.O. NO.7016 11/12/2021 PDL PAGE 6 OF 10 EXHIBIT "A" Acknowledgement Statement We,Thomas and Evelyn Kemper.owners of the property legally described as follows: Out of Lots 3, 4, 5, & 6, Block 3,Range C,Port Arthur Land Company Subdivision, Port Arthur, Jefferson County, Texas do hereby grant permistiion to move forward with the pending case for re-zoning for the property described above. We understand that an application was submitted to the City of Port Arthur-Planning Division on or around July 20,2021. requesting a Toning change for said property, from single-family(SF) residential to Industrial(I). If approved by the Port Arthur City Council,the change in zoning classification would permit,but would not be exclusive to.the following uses: • Multiple Family(ME)Development(i.e.,Apartment Complex,etc.) • RetailiCommercial establishments • Warehousing • Light Manufacturing and assembly process • Storage Warehousing • Manufacturing or industrial use processes We agree to the re-zoning and the uses described above,as well as similar uses as allowed by the City of Port Arthur Zoning Ordinance. Accompany this letter is an updated application that has been executed by the property owner(s)and acknowledged by a licensed and authorized agent of the State of Texas. Evelynper,Owner Thomas Kemper,Own r State of — § County of 4►4A(i) § Before me thg undersigned authority,on this day personally appearcc cot 1Jek Q�iet14.n rct4cr ,known to me to be the person whose name is subscribed to the above and foregoing instrument,and acknowledged to me that he/she executed the same for the purposes and consideration expressed and,in the capacity,therein stated. Given under my hand and seal of office on this .4" day of f'c ltvo ty �2U2 j seal - • Msft Alb•to Abreyo Jr + MY Gynmbelo plrrs Notary Public H�otvsonos 1 ,✓ t332Yiy14 My Commission Expires: -Z I ' G 02S- P.O.NO.7016 11/12/2021 PDL PAGE 7 OF 10 Planning Department City of Port Arthur Phone-409.983-H135 , 44-1 4f°Street,P.O.Box 10R9 Fax 409-983.8137 Port Arthur,TX 77641-1089 City of Port Arthur ZONING APPLICATION Application Type Planned Development District Specific Use Permit General Zoning Change Site Plan Approval f Ncw D Amendment New Amendment Variance Property Owner Information Owner Thomas & Evelyn Kemper Telephone No. Cell No. (832)998-4557 Address 4602 Silver Fox Drive City Houston State Texas Zip Code 77066-4300 If property owner is represented by an authorized agent,please complete the following: Agent's Name Agent's Title Owner's Signature Agent's Signature Surveyor/Engineer Information Firm Name Arceneaux Wilson&Cole Telephone No. (409) 724-7888 Cell No. Address 3120 Central Mall Drive City Port Arthur State 1'X Zip Code 77642 ` Contact Person Run Arceneaux Developmental Information Plat Name Port Arthur Land Company Subdivision Lot No's./Block No.'s Out of Lots 3,4,5.&6. Block 3, Range C No.of Acres 39.589 Number of Lots 04 Existing Land Use Single Family (SF) Proposed Land Use Industrial (I) Notary Statement(All signatures must be notarized) Fee-per Ordinance 90-49 is$125 Belorc inc,the undersigned authority,on this day personally appeared r4rtuf Soak Kenrear ,-,.6.,.ea\prft.s kiAsefec known to me to be the person whose name is subscribed to the above and foregoing instrum nt,and acknowledged to me that he/she executed the same for the purposes and consideration expressed and in the capacity therein stated. Seal Given under my hand and seal offiiceon _ imularicaQjr/7"Abreg27" this cik day of f pry ,20Z2_./Notary Public I7_1I-ZOZS 31My Commission Expires - - � + FOR OFFICE USE ONLY Application Date: Fees: Case No. Pti2 Hearing: City Council Hearing: i P.O. NO.7016 11422� 021PDL GE 8 OF 10 EXHIBIT "B" 11 114 : } i . - . \l' cO / ƒ / (+» \ ! 2§§i t i!§» „._ ` ,_, iAI2avE±3mm k\ k � t ) §§ A; �!)�§( §\ ° �i§t/� A .`e\ k ` 77, 7 ) 7 2U /9rOOao S(-k{§6 gE §�±2 o & . . RI , , §{k y\ 0 | � 0. � < J < - *. .1 §fie \ : \ : «. � : . i 11 q § ), § u, \ . . . ,- \§(\ \ . 0. . ( \� . P.O.NO.7016 11/12/2021 PDL PAGE 9 OF 10 riniTil lIii1LIr i ii , tliy triEii1 . � 4 Ill Ii!ui.uuiii.;11 1.111i ��11111i , Bali 111111111 . ■Ii�1i 11i1111111 i/iui,i t '_1 a ii I IItt!!W 1?! IN 07.6 "No , . IlIlEE ki '''; 11.11 IIIIII & 1 L r = '- Mi. J �12� iiuii11111 111111111 ' IBM ei]iihnaiii iii11111 i . 721MI IM11111111 11111111 -;, ii fl Ii!I!9ii1 11111i I liflhllilU -,_, L 1 . ,. ,....... ... ;,.. 1 I P.O. NO. 7016 11/12/2021 PDL PAGE 10 OF 10 EXHIBIT "B" PUBLIC NOTICE NOTICE OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PORT ARTHUR Notice is hereby given in ac- cordance with the revised Civil Statutes and the Zoning Ordi- nance of the City of Port Arthur, that the City Council of the City of Port Arthur will hold a Public Hearing on Tuesday, November 9, 2021, at 10:00 a.m., to con- sider the following: PROPOSED CHANGE: A ZON- ING CHANGE FROM SINGLE FAMILY "SF" TO INDUSTRIAL "I" LEGAL DESCRIPTION: APPROXIMATELY 39.589- ACRES OF LAND CONSIST- ING OF LOTS 3, 4, 5 AND 6, BLOCK 3, RANGE "C", PORT ARTHUR LAND COMPA- NY SUBDIVISION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS Citizens with questions regard- ing description of this property can contact the City Planning Department at (409) 983-8135. The public will also be able to view the Public Hearing via the City's website at www.portar thurtx.gov. Is/Kelly Moore Kelly Moore Assistant City Sec- retary Port Arthur News: Oct. 23, 2021 PUBLIC HEARING