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07.20.09 P&Z
City of Port Arthur Planning and Zoning Commission Public Hearing July 20, 2009 Planning Department P. O. Box 1089 Port Arthur, Texas 77640 (409) 983-8135 (409) 983-813? fax paplanning(u~portarthur. net CITY OF PORT ARTHUR PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT P.O. Box 1089 Port Arthur, TX 77641-1089 409-983-8135 Fax 409-983-8137 c~n~ ~~.~ ...<<~„ ,ti, , ~ c. a r t~r! h t~ Tc~,ans TO: City of Port Arthur Planning Commission Members FROM: Colleen Russell, Secretary DATE: July 14, 2009 SUBJECT: July 20, 2009 - Planning/Commission Meeting The Port Arthur Planning Commission will meet in regular session at 5:30 p.m., Monday, Jul 20, 2009, in the City Council Chambers on the fifth floor of the City Hall. The July 20` agenda contains two applications. Please make every effort to attend so that we may have a quorum. If for some reason you cannot attend, please call me at 983-8135. Enclosure C: Colleen Russell, Director of Planning Ronald Burton, Assistant Director of Planning Paul Brown, Senior Planner John Comeaux, Assistant City Manager -Operations Lawrence Baker, Director of Inspections & Code Enforcement Derrick Holland, Senior Engineering Technician Charles Shajari, Water Engineer Ross Blackketter, Director of Public Works Mark Mulliner, Fire Marshall AGENDA CITY OF PORT ARTHUR PLANNING AND ZONING COMMISSION MONDAY, JULY 20, 2009 5:30 P.M. PUBLIC HEARING CITY HALL - 5T" FLOOR CONFERENCE ROOM NOTICE OF TIME, PLACE AND SUBJECT OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PORT ARTHUR. NOTICE IS HEREBY GIVEN, PURSUANT TO SECTION 211.007, LOCAL GOVERNMENT CODE, THAT A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PORT ARTHUR, TEXAS WILL BE HELD ON MONDAY, JULY 20, 2009 AT 5:30 P.M. AT CITY HALL, COUNCIL CHAMBER, 5T" FLOOR, 444 FOURTH STREET, PORT ARTHUR, TEXAS. ROLL CALL PUBLIC HEARING II. R09-19 -REPEAT APPROVAL REQUESTED FOR -TRACT 7-A, REPEAT OF 0.3435 ACRES OF LAND, REPEAT OF ALL OF LOTS 7 & 8, BLOCK 15, RANGE 5, 5251 S. 14T" STREET, SABINE PASS, JEFFERSON COUNTY, TEXAS III. R09-20 -REPEAT APPROVAL REQUESTED FOR -PLAT OF STAFF SERGEANT LUCIAN ADAMS ELEMENTARY, 30.00 ACRES OF LAND, REPEAT OF PART OF LOTS 1, 2 & 3, BLOCK 9, RANGE "I", PROPERTIES LOCATED AT 9T" AVENUE AND 57T" STREET, PORT ARTHUR LAND COMPANY SUBDIVISION, JEFFERSON COUNTY, TEXAS REGULAR MEETING IV. R09-19 AND R09-20 -MOTION REQUIRED V. MINUTES -June 1, 2009 AND JULY 6, 2009 VI. REPORT FROM DIRECTOR VII. FUTURE AGENDA ITEMS VIII. ADJOURNMENT COLLEEN RUSSELL, CRP DIRECTOR OF PLANNING DATE AND TIME POSTED, MONDAY, JULY 13, 2009, AT NOON. MINUTES CITY OF PORT ARTHUR PLANNING AND ZONING COMMISSION MONDAY, JUNE 1, 2009 5:30 P.M. PUBLIC HEARING CITY HALL - 5T" FLOOR CONFERENCE ROOM ITEMS REQUIRING ACTION I. ROLL CALL -Chairman, Richard Cox convened the meeting at 5:36 p.m. Commissioners present: Alma LeBlanc, Inell Moore, Richard Cox, Fernando Ramirez and Norris Simon (Quorum Present). Staff present: Ron Burton, assistant planning director, Paul Brown, sr. planner, and Pamela Langford, administrative aide. II. Minutes -May 4, 2009 -Public Hearing/Regular Meeting Fernando Ramirez moved to accept the minutes of May 4, 2009 as presented; Inell Moore seconded the motion: Vote -All Yeas -- motion passed. PUBLIC HEARING III. R09-13 -REPEAT APPROVAL REQUEST FOR -TRACT 1-A. 0.6885 ACRE OF LAND REPEAT OF LOTS 1 2 11 AND 12, BLOCK 14. RANGE 5.5861 S. GULFWAY DRIVE. SABINE PASS JEFFERSON COUNTY TEXAS SPEAKING FOR: ANTHONY LEGER, SOUTEX SURVEYORS, 3345 ROYAL COURT, PORT ARTHUR, TX SPEAKING AGAINST: NONE Sr. Planner, Paul Brown, explained to the Commission that the said property once contained a large home that had been damaged beyond repair. Ms. Moore asked Mr. Leger if more than one home would be built on the property. Mr. Leger informed the commission that the replat only included one single-family dwelling as this time. Ms. Moore moved to close the public hearing; Mr. Simon seconded the motion. Vote: All Yeas -public hearing closed. IV. R09-14 -REPEAT APPROVAL REQUEST FOR -TRACT 16-A. 0.264 ACRE REPEAT OF LOTS 16 & 17 BLOCK 3 PALOMAR. SECTION 1 ADDITION. HWY. 73 (PORT ACRES AREA). CITY OF PORT ARTHUR JEFFERSON COUNTY. TEXAS SPEAKING FOR: BOB HODGES, ARCENEAUX & GATES, 241 HARDY, NEDERLAND, TX SPEAKING AGAINST: JAMES HAMPTON Mr. Burton stated that nine pieces of correspondence had been mailed out to adjacent property owners; there were zero responses and zero returns. Mr. Hodges informed the Commission that the said property would include the construction of one single-family residence. Ms. LeBlanc asked Mr. Hodges where the entrance to the residence will be located. He stated that it would have to come off of Hwy. 73. Ms. Moore moved to close the public hearing; Ms. LeBlanc seconded the motion. Vote: All Yeas -public hearing closed. Page ~ 1 V. Z09-02 -SPECIFIC USE PERMIT REQUESTED BY VERIZON WIRELESS -CONSTRUCTION OF AN UNMANNED CELLULAR COMMUNICATION SITE, 6401 S. TWIN C[TY HWY, TRACT 116-D, 3.667 ACRES, UNITED INSULATION SALES, PORT ARTHUR, JEFFERSON COUNTY, TEXAS SPEAKING FOR: JACK BURKLAND, VER[ZON WIRELESS, 8753 RANCH ROAD TRIAL, SAN MARCOS, TX SPEAKING AGAINST: NONE Mr. Burton informed the Commission that three letters were mailed to adjacent property owners; there were zero responses and zero returns. Fernando Ramirez asked if this would be a multi-use facility. Paul Brown stated Verizon Wireless is currently installing the communication tower for their own use, with an open invitation to anyone else interested in utilizing the tower as well. Mr. Ramirez reminded the commission that one of the stipulations set by the Planning & Zoning Commission was that any new towers coming into the city must be designed to allow multi-use. Mr. Cox added that this stipulation was to help limit the number of towers constructed in the City. Mr. Cox asked did the City include this stipulation in an ordinance. Paul Brown responded by informing the commission that he was not aware of this be included in an ordinance, however it was written that the City should encourage contractors to construct towers that could provide more than one service. Mr. Burkland stated that due to Federal Regulations, all communication towers, including this one, are to be designed to hold at least three carriers and that this tower is open to anyone who is interested in utilizing the facility. Mr. Cox asked Mr. Burkland to provide the Planning Department with the new federal/state rules and regulations regarding the wind speed that can be withstood by newly constructed towers. Mr. Simon moved to close the public hearing; Mr. Ramirez seconded the motion. Vote: All Yeas -public hearing closed. REGULAR MEETING VI. R09-13 Mr. Burto~i stated that the staff recommends the approval of this replat. There are no budgetary or fiscal effects and the replat meets all city requirements. Ms. Moore moved to accept staff recommendation of approval R09-13; Fernando Ramirez seconded the motion. Vote: All Yeas -Motion passed. VII. R09-14 Mr. Burton stated that the staff recommends the approval of this replat. There are no budgetary or fiscal effects and the replat meets all city requirements. Ms. LeBlanc moved to accept staff recommendation of approval R09-14; Inell Moore seconded the motion. Vote: All Yeas -Motion passed. VIII. Z09-02 Mr. Burton stated that the distances separating the tower and the nearest residential structure are much greater than the height of the tower. The proposed cell tower location appears to meet all the requirements of a near perfect tower site because of its relative isolation from any residential structure. Mr. Burton stated that the staff recommends the approval of this Specific Use Permit. There are no budgetary or fiscal effects and the SUP meets all city requirements. Page ~ 2 Mr. Ramirez moved to accept staff recommendation of approval Z09-02; Norris Simon seconded the motion. Vote: All Yeas -Motion passed. IX. REPORT FROM DIRECTOR Daniel McElroy of Lamar University's Setcast group has presented with a plaque on behalf of the City of Port Arthur's Planning & Community Development Department and Planning & Zoning Commission for three years of dedicated service with recording P&Z meetings. Ms. Laura Gene, Setcast Student, has replaced Mr. McElroy. X. FUTURE AGENDA ITEMS XI. ADJOURNMENT - Mr. Simon moved to adjourn the meeting. Mr. Ramirez seconded the motion, which passed unanimously. Richard Cox Colleen Russell Chairman Secretary to the Commission Minutes Approved: Page ~ 3 MINUTES CITY OF PORT ARTHUR PLANNING AND ZONING COMMISSION MONDAY, )ULY 6, 2009 5:30 P.M. PUBLIC HEARING CITY HALL - 5T" FLOOR CONFERENCE ROOM ITEMS REQUIRING ACTION ROLL CALL -Planning Director, Colleen Russell convened the meeting at 5:46p.m. Commissioners present: Inell Moore, Richard Cox and Fernando Ramirez (Quorum Present). Staff present: Colleen Russell, planning director Minutes -Not available PUBLIC HEARING lI. R09-18 (P09-02) -REPEAT APPROVAL REQUEST FOR -TRACT 6-A 0 100 ACRE OF LAND REPEAT OF PART OF LOT 6. BLOCK 218. 2802 8T" STREET. CITY OF PORT ARTHUR JEFFERSON COUNTY TEXAS SPEAKING FOR: NONE SPEAKING AGAINST: NONE Planning Director, Colleen Russell, explained to the commission that a replat is being requested for said property because historically the lot was subdivided without the benefit of a plat. Apparently part of the lot had been sold by deed. The resident currently has 87.76' in length and 50' width. Because the properties had been subdivided by deed, currently there are two-owners to the land, which is not allowed. She also explained to the commission that it would be in the best interest of the resident to have the property boundaries platted at the 87.76' X 50', which will be legally non-conforming, but her land entirely. Ms. Russell stated that the section located in the rear of said property not belonging to the resident, will not be affected with whatever that property owner decides to do with their land. The homeowner of said property informed Ms. Russell that she had approached the property owner to the rear to purchase the land, however the price was too much for her, therefore she could not obtain the additional 20' or 3 2'. Ms. Moore moved to close the public hearing; Mr. Ramirez seconded the motion. Vote: All Yeas -public hearing closed. III. R09-16 -REPEAT APPROVAL REQUEST FOR -TRACT 10-A. REPEAT OF LOTS 10-11. RANGE 7. 5451 PEARL STREET, OF THE TOWNSITE OF SABINE PASS. JEFFERSON COUNTY, TEXAS SPEAKING FOR: NONE SPEAKING AGAINST: NONE Ms. Russell informed the commission that the land is located in Sabine Pass, west of Broadway and south of Stn Street. Commissioner Cox asked if there were any correspondence regarding this request. Ms. Russell stated that there were eleven notices mailed to property owners (including the owner) within a 200 foot radius of said property. There were no protests. Mr. Ramirez moved to close the public hearing; Ms. Moore seconded the motion. Vote: All Yeas -public hearing closed. Page ~ 1 IV. R09-17 -REPEAT APPROVAL REQUESTED FOR -TRACT 7-A REPEAT OF 0.214 ACRES OF LAND ALL OF LOT 7 AND PART OF LOT 8 BLOCK 501, PORT ARTHUR LAND COMPANY SUBDIVISION. 201 13T" STREET CITY OF PORT ARTHUR, lEf?F'f'.RSON COUNTY, TEXAS SPEAKING FOR: NONE SPEAKING AGAINST: NONE Ms. Russell informed the commission that the property is located east of San Antonio and north of 13th Street. Ms. Moore moved to close the public hearing; Mr. Ramirez seconded the motion. Vote: All Yeas -public hearing closed. REGULAR MEETING V. R09-18 AND R09-17 Colleen Russell stated that the City has no problems with the replat request for R09-18. It will be filed as legally non-conforming due to the lack in depth. The City's water department requests that water and sewer locations be established prior to construction and residents should contact their office for assistance. Ms. Russell informed the commission the staff recommends approval of the replat request R09-17. It will be filed as legally conforming. Fernando Ramirez moved to accept staff recommendation of approval R09-18 and R09-17; Inell Moore seconded the motion. Vote: All Yeas -Motion passed. VI. R 9-1 Colleen Russell stated that the staff recommends approval of the replat request R09-16. The City's water department request that they're contacted prior to construction to ensure that water and sewer lines are not impacted by the construction and are in their proper place regarding easements around the property. The replat conforms to the City's platting and ordinance rules. hell Moore moved to accept staff recommendation of approval R09-16; Fernando Ramirez seconded the motion. Vote: All Yeas -Motion passed. VII. REPORT FROM DIRECTOR Ms. Russell informed the commission of the Hurricane Tips Brochure which outlines evacuation routes, as well as supply safety tips for hurricane preparation. She also informed the commission of the City's 2009 Calendars which highlight events, meeting times and other information concerning the City. VIII. FUTURE AGENDA ITEMS IX. ADJOURNMENT - Ms. Moore moved to adjourn the meeting. Mr. Ramirez seconded the motion, which passed unanimously. Richard Cox Colleen Russell Chairman Secretary to the Commission Minutes Approved: Page ~ 2 INTEROFFICE MEMORANDUM To: THE PLANMNG AND ZONING COMMISSION FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING suBIECT: R09-19 -REPEAT APPROVAL REQUESTED FOR -TRACT 7-A, 0.3435 ACRE OF LAND, REPEAT OF ALL OF LOTS 7 & 8, BLOCK 15, RANGE 5, 5251 S. 14TH STREET, SABINE PASS, JEFFERSON COUNTY, TEXAS. D.aTE: 07/14/09 BACKGROUND: The Planning and Zoning Commission is being asked to consider replat request for all of Lots 7-8, Block 15, Range 5, in Sabine Pass to produce one residential tract to become tract 7-A, Block 15, Range 5, of the subdivision in the City of Port Arthur, Jefferson County, Texas. The acreage is 0.3435 acres and the property is located south of 14r" Avenue and west of Highway 87 (a.k.a. Gulfway Drive). The zoning is "MF" for multi family use. Notices were sent out in compliance with the Texas Local Government Code Section 212 as well as the publication was done more than 15 days prior the public hearing. Applicant/agent -Soutex Surveyors, Inc. Owner -Michael T. & Paula D. Teller RECOMMENDATION: The planning staff has no objections to the approval of this replat. It meets all the city's requirements. BUDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None SUMMARY: Planning staff recommends approval of this replat. 1 8T"ST. 7 !. 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Z ~f 1 K fc ~ -~ ~ 1 3 ~ '~ -- f a z ~ I v 6 I ~ s e ~ ~ ,~ 9 .~, 3 ~c ~, 2 r~ f /~ r: ~ ~ ~ S, '~ _.__ t S .I +~ _ .# /D '~ T ~r t tL t 6 ? L 1 4 9 ~~ ~ 3 fo ~ Z t Z / 'Z ~ J ~ .~ !L9 ~~ ~ i ~~ ~ ~atnn y ... vas:.. _.. INTEROFFICE MEMORANDUM To: THE PLANNING AND ZONING COMMISSION FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING suBIECT: R09-20 -REPEAT APPROVAL REQUESTED FOR -PLAT OF SEARGEANT LUCIAN ADAMS ELEMENTARY, 30.00 ACRES OF LAND, REPEAT OF PART OF LOTS 1, 2, & 3, BLOCK 9, RANGE "I", 5701 9th AVENUE, PORT ARTHUR LAND COMPANY SUBDIVISION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS DATE: 07/14/09 BACKGROUND: The Planning and Zoning Commission is being asked to consider a replat request to create a 30.00 acre tract consisting of part of Lots 1, 2 & 3, Block 9, Range "I", to produce one tract to become Plat of Sergeant Lucian Adams Elementary, Block 9, Range "I", of the Port Arthur Land Company subdivision, Jefferson County, Texas. The property is located west of 9C"Avenue and south of 57t" Street. The zoning is "SF" for single family use. Notices were sent out in compliance with the Texas Local Government Code Section 212 as well as the publication was done more than 15 days prior the public hearing. Applicant/agent - Soutex Surveyors, /nc. Owner - Dr. Johnny E. Brown RECOMMENDATION: The planning staff has no objections to the approval of this replat. It meets all the city's requirements. BUDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None SUMMARY: Planning staff recommends approval of this replat. 1 ~ x._., .n.rr .... .__ ~ t i~l ~ *~ ~~i - ~.~ >t ~~ E y ~ F i 1~ ~~ z ~1~ .__ ~_ .~, f s .~ ~ ~ , ~ ,W~F~~s 'L `. k*.~ +A`_ 1 . 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