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HomeMy WebLinkAbout09-19-2022 MEETING (REGULAR) PACKET Planning & Zoning Commission Regular Meeting September 19, 2022 CITY OF PORT ARTHUR, TEXAS 444 4th STREET • FIFTH FLOOR - CITY COUNCIL CHAMBERS • PORT ARTHUR, TEXAS 77640 Location & Time City of Port Arthur – City Hall 5th Floor Council Chambers 444 4th Street Port Arthur, TX 77640 Dr. Johnny E. Brown, Commissioner Dr. Rosalind Queen 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 September 19, 2022 NOTICE IS HEREBY GIVEN IN ACCORDANCE WITH CHAPTER 212 OF THE TEXAS LOCAL GOVERNMENT CODE THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF PORT ARTHUR WILL HOLD A PUBLIC HEARING ON MONDAY, SEPTEMBER 19, 2022, AT 5:30 P.M. CST. THE MEETING WILL BE HELD IN-PERSON IN THE CITY COUNCIL CHAMBERS OF THE CITY HALL BUILDING, LOCATED AT 444 4TH STREET, PORT ARTHUR, TEXAS. I. Chairperson’s Opening Remarks II. Call to Order III. Roll Call IV. APPROVAL OF MINUTES A. NONE V. UNFINISHED BUSINESS A. R22-15 - RE-PLAT REQUESTED FOR – 0.4278 – ACRE OF LAND CONSISTING OF ALL OF LOTS 18 & 19, REGENCY PARK, SECTION THREE, CITY OF PORT ARTHUR, JEFFERSON COUNTY TEXAS (PROPERTY LOCATED EAST OF ANCHOR DRIVE NEXT TO REGENCY PARK ON REGENCY DRIVE – JACAD PARCEL # 95151 & 95152). THE PRUPOSE OF THIS REPLAT IS TO COMBINE TWO (2) LOTS INTO ONE (1) TRACT OF LAND FOR A MULTIPLE FAMILY DEVELOPMENT. B. NEW BUSINESS - PUBLIC HEARING ITEMS (INDIVIDUAL CONSIDERATION) I. A22-02(A) 4.878-ACRE PORTION OF A DEDICATED PUBLIC RIGHT-OF-WAY, KNOWN AS 25TH STREET AND BEING PART OF BLOCK 4 & 5, RANGES “K” & “L”, PORT ARTHUR LAND COMPANY SUBDIVISION (PROPERTY IS LOCATED NORTH OF 19TH STREET BETWEEN MEMORIAL BOULEVARD AND SAVANNAH AVENUE). PURPOSE OF THIS REQUEST IS TO ABANDON RIGHT-OF-WAY FOR SECURITY AND SAFETY PURPOSES. II. A22-02(B) 2.042-ACRE PORTION OF A DEDICATED PUBLIC RIGHT-OF-WAY, KNOWN AS TERMINAL ROAD, AN EXTENSION OF PUBLIC ROAD SHOWN ON PLAT AS THE PORT ARTHUR HEIGHTS ADDITION (PROPERTY IS LOCATED SOUTH OF WEST 17TH STREET AND EAST OF STATE HIGHWAY 82 (A.K.A. DR. MARTIN LUTHER KIND JR. DRIVE). PURPOSE OF THIS REQUEST IS TO ABANDON RIGHT-OF-WAY FOR SECURITY AND SAFETY PURPOSES. AGENDA CONTINUED… VII. NEW BUSINESS - NON-PUBLIC HEARING ITEMS A. STAFF REPORT B. ADJOURNMENT Next Scheduled Meeting Date: October 3, 2022 DATED THIS THE ______ DAY OF ____________________ 2022 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 _____ day of ________________, 2022 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 P a g e | 1 MEETING MINUTES CITY OF PORT ARTHUR PLANNING AND ZONING COMMISSION MONDAY, SEPTEMBER 12, 2022 I. CALL TO ORDER The Planning and Zoning Commission met in Special Session on Monday, September 12, 2022, at 5:36 p.m., in person in the City Council Chambers of the City Hall Building, located at 444 4th Street, Port Arthur, Texas 77640. II. CHAIRPERSON’S OPENING REMARKS III. ROLL CALL The following members were present: Commissioners: Norris Simon, Dr. Johnny Brown, and Dr. Rosalind Queen. Staff present: Pamela D. Langford, Assistant City Manager – Operations/Director of Planning & Development Services; Larry Badon, Planning & Development Services Manager; and Aries Milo, Senior Planner. IV. APPROVAL OF MINUTES A. None V. UNFINISHED BUSINESS A. None VI. NEW BUSINESS - PUBLIC HEARING(S) – ITEMS FOR INDIVIDUAL CONSIDERATION A. R22-17 – REPLAT REQUESTED FOR – 0.1600 ACRE OF LAND, REPLAT OF ALL OF LOTS 10 & 11, BLOCK 1, W.H. SCHMYSER SUBDIVISION NO. 2, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS. (PROPERTY LOCATED AT 1004 & 1008 REV RAYMOND SCOTT AVE. – PARCEL #: 95423 & 95022). THE PURPOSE OF THIS REPLAT IS TO COMBINE TWO (2) LOTS INTO ONE (1) TRACT OF LAND FOR COMMERCIAL DEVELOPMENT. N. Simon introduced the request; L. Badon gave an overview. The Commission opened the meeting to discuss the proposed request: SPEAKING IN FAVOR: Anthony Leger, Soutex Surveyors & Engineers, 3737 Doctors Drive, Port Arthur, TX 77642 SPEAKING IN OPPOSITION: Eva Babino, 1436 Vera Drive, Port Arthur, TX 77642. P a g e | 2 B. R22-18 – REPLAT REQUESTED FOR – 0.4020 ACRE OF LAND, REPLAT OF ALL OF LOTS 9 & 10, BLOCK 267, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED AT 1147 MARSHALL AVENUE/2520 THOMAS BLVD- PARCEL # 90505 & 90506). THE PURPOSE OF THIS REPLAT IS TO COMBINE TWO (2) LOTS INTO ONE (1) TRACT OF LAND FOR A SINGLE-FAMILY DWELLING. N. Simon introduced the request; L. Badon gave an overview. The Commission opened the meeting to discuss the proposed request: SPEAKING IN FAVOR: NONE SPEAKING IN OPPOSITION: NONE C. R22-19 – REPLAT REQUESTED FOR – 0.2946 ACRE OF LAND, REPLAT OF THE SOUTH 25’ OF LOT 7 & ALL OF LOT 8, BLOCK, 3, SKEFF ADDITION #1, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS. (PROPERTY LOCATED ON THE SOUTHWEST CORNER OF SAM AVE. AND ELLIAS STREET - PARCEL #: 101931 & 101932). THE PURPOSE OF THIS REPLAT IS TO COMBINE A PORTION OF ONE (1) LOT AND ALL OF ONE (1) LOT INTO TWO TRACTS OF LAND FOR SINGLE - FAMILY DWELLINGS. N. Simon introduced the request; L. Badon gave an overview. The Commission opened the meeting to discuss the proposed request: SPEAKING IN FAVOR: NONE SPEAKING IN OPPOSITION: NONE D. R22-20 – REPLAT REQUESTED FOR – 0.1627 ACRE OF LAND, REPLAT OF ALL OF LOTS 17 & 18, RESERVATION 5 & 6 (UNRECORDED), CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED SOUTH OF GRANNIS AVENUE AND WEST OF WEST 10 TH STREET – PARCEL #: 95382 & 95383). THE PURPOSE OF THIS REPLAT IS TO COMBINE A PORTION OF ONE (1) LOT AND ALL OF ONE (1) LOT INTO ONE (1) TRACT OF LAND FOR A SINGLE-FAMILY DWELLING. N. Simon introduced the request; L. Badon gave an overview. The Commission opened the meeting to discuss the proposed request: SPEAKING IN FAVOR: NONE P a g e | 3 SPEAKING IN OPPOSITION: NONE Dr. J. Brown motioned to close the public hearings, seconded by Dr. R. Queen. All Yeas (Motion Passed) • Planning Staff recommended approving re-plat request(s): R22-17, R22-18, R22-19, and R22-20. Motion made by Dr. J. Brown; seconded by Dr. R. Queen to accept Staff’s recommendation to approve re-plat request(s): R22-17, R22-18, R22-19, and R22-20. Voting Yes: N. Simon; Dr. J. Brown; Dr. R. Queen Voting No: None Motion Passed VII. NEW BUSINESS - NON-PUBLIC HEARING ITEMS A. STAFF REPORT • Introduction of the New Senior Planner, Aries Milo. B. ADJOURNMENT Upon a motion by Dr. J. Brown, seconded by Dr. R. Queen and carried unanimously, the Planning and Zoning Commission adjourned its meeting. Fernando Ramirez Pamela D. Langford Chairman Secretary to the Commission Minutes Approved: Staff Report: R22-15/Regency Park 3 Page 1 of 6 PLANNING & ZONING COMMISSION CASE NO. R22-15 September 19, 2022, Regular Meeting (UNFINISHED BUSINESS) Staff Report REPORT DATE: August 6, 2022 PROPERTY OWNER: ZAK Investment Group APPLICANT: Mike Aref/Zira Amunet SURVEYOR/ENGINEER: Soutex Surveyors & Engineers PROPERTY LOCATION: north of Anchor Drive and east of Regency Drive, Port Arthur, TX 77642 (JCAD Parcel #95151/95152) REQUEST TYPE: Approval of replat of Lots in Regency Park Section 3 NATURE OF REQUEST: The Planning and Zoning Commission is being asked to consider a replat request for the following: Replat of: All of Lots 18 & 19, Regency Park Section 3 New Tract Name(s): Tract 18-A, Regency Park Section 3 Lot Dimensions: Multi-dimensional (18,635 SF) Total Acreage: 0.4278-Acre of Land Current Zoning: “PD-2” Planned Development-2 Proposed Zoning: No Change Abutting Zoning: North/South/West: “PD-2” Planned Development-2 East: “SF” Single Family Comprehensive Plan Future Land Use: Medium Density Residential (MDR) Purpose of replat: To combine two (2) Lots into one (1) Tract of land for multiple family development. BACKGROUND INFORMATION: An application for replat was submitted to the Office of Planning on July 20, 2022. The request is to combine two (2) Lots into one (1) Tract of Land for a multiple-family development (i.e., Townhomes). 444 4th Street • 5th Floor – City Council • Port Arthur, TX 77640 • www.portarthurtx.gov Staff Report: R22-15/Regency Park 3 Page 2 of 6 In accordance with Chapter 98, Article III, Section 98-153, the Commission shall render a decision within 30 days of receipt of the plat from the director of Planning, together with a recommendation and in compliance with the applicable requirements of V.T.C.A., Local Government Code, Sections 212.014 thru 212.016. Such decision shall consist of approval or denial. PUBLIC NOTICE: On Friday, July 29, 2022, sixteen (16) notices were mailed to adjacent property owners within a 200 ft. Radius and published in the Port Arthur Newspaper on July 30, 2022. FISCAL IMPACT/BUDGET IMPLICATIONS: N/A RECOMMENDED ACTION: The Director of Planning & Development Services recommends approval of the proposed Replat, which complies with Sections 212.014 thru 212.016 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: R22-15/Regency Park 3 Page 3 of 6 ATTACHMENT 1 Staff Report: R22-15/Regency Park 3 Page 4 of 6 ATTACHMENT 2 Staff Report: R22-15/Regency Park 3 Page 5 of 6 ATTACHMENT 3 Staff Report: R22-15/Regency Park 3 Page 6 of 6 ATTACHMENT 4 Staff Report A22-02(A) Page 1 of 8 PLANNING & ZONING COMMISSION CASE NO. A22-02(A) September 19, 2022, Regular Meeting Staff Report REPORT DATE: 09/16/2022 CASE NO: A22-02(A) PROPERTY OWNER: City of Port Arthur, a municipal corporation APPLICANT: Motiva Enterprises, LLC PROPERTY LOCATION: north (PALCO) of 19th street between Florida Avenue and Savannah Avenue REQUEST TYPE: Abandonment of Street Right-of-Way NATURE OF REQUEST: The Planning and Zoning Commission is being asked to consider a request for abandonment of the following: Property Description: 4.878-Acre portion of a dedicated public right-of-way, known as 25th Street and being part of Block 4 & 5, Ranges “K” & “L”, Port Arthur Land Company Subdivision Total Acreage: 4.878-Acres of Land Current Zoning: Industrial (I) Proposed Zoning: -Same- Abutting Zoning: North: E.T.J. South: “I” Industrial East: “2F” Two-Family West: “I” Industrial Purpose of request: Motiva Enterprises, L.L.C. is making this request for the purpose of expansion and project site safety. Project Background: Motiva Enterprises, L.L.C. submitted an abandonment application to the City’s Planning and Zoning Division on or around November 5, 2019, r equesting consideration for abandoning a portion of the 25th Street right-of-way. The Planning Commission held a public hearing on March 16, 2020, in which the vote was to recommend approval of the request. 444 4th Street • 5th Floor – City Council • Port Arthur, TX 77640 • www.portarthurtx.gov Staff Report A22-02(A) Page 2 of 8 On March 17, 2020, City Council approved Resolution No. 20-083, calling for a public hearing to consider the proposed abandonment. However, further discussion with Council in Executive Session yielded a decision to request that Motiva Enterprises, L .L.C. withdraw its request for abandonment due to traffic and safety concerns posed by the Council. Representatives from Motiva Enterprises submitted a new application for the said abandonment on September 9, 2022. The request remains the same. 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. Public Notice: On Wednesday, September 7, 2022, five (5) notices were mailed to adjacent property owners within a 200 ft. Radius, and published in the Port Arthur Newspaper before the September 19, 2022, public hearing. FISCAL IMPACT/BUDGET IMPLICATIONS: An updated appraisal for the Street R.O.W. will be provided by Cook & Associates, Inc. of Beaumont, Texas, a licensed and qualified real estate appraiser. A fair and reasonable consideration for the proposed acquisition of said right s-of-way will be determined and presented to the City Council for consideration. RECOMMENDED ACTION: It is recommended that the Planning and Zoning Commission provide a recommendation to the City Council regarding abandoning the portion of the right-of-way referenced above. ATTACHMENTS: Attachment 1: Property Survey/Description Attachment 2: Stated Purpose (provided by Motiva Enterprises, L.L.C.) Attachment 3: Radius Map/Aerial Attachment 4: Zoning Designation Attachment 5: Public Notice (Newspaper) Staff Report A22-02(A) Page 3 of 8 ATTACHMENT 1 Staff Report A22-02(A) Page 4 of 8 ATTACHMENT 2 In consensus with the City of Port Arthur, Motiva seeks to enhance our partnership and long-term commitment to the success of Port Arthur and its residents through the assumption of ownership, care, custody, and control of 25th Street as described above. In partnership with the City of Port Arthur, Motiva will assume the street in its current state, alleviating the City from undertaking significant needed repairs. Public safety will be improved through the elimination of public traffic that has historically resulted in burdens to City resources as a consequence of private citizen interfaces with the reservoirs. Further, this street has also historically become a location where individuals have chosen to dump trash, appliances, furniture and other debris that has further burdened City resources to remove from the roadway and surrounding areas. Acquisition of this roadway will enable Motiva to improve security hardening of its perimeter as Motiva continues to responsibly meet dynamic and evolving security challenges. The City's partnership in abandoning 25th Street to Motiva will also allow Motiva to secure more of its property in a contiguous manner, which directionally allows consideration for future growth opportunities that would be beneficial to the City of Port Arthur, surrounding communities, and Motiva. Staff Report A22-02(A) Page 5 of 8 ATTACHMENT 3 ATTACHMENT 3 Staff Report A22-02(A) Page 6 of 8 Staff Report A22-02(A) Page 7 of 8 ATTACHMENT 4 Staff Report A22-02(A) Page 8 of 8 ATTACHMENT 5 Staff Report A22-02(B) Page 1 of 8 PLANNING & ZONING COMMISSION CASE NO. A22-02(B) September 19, 2022, Regular Meeting Staff Report REPORT DATE: 09/16/2022 CASE NO: A22-02(B) PROPERTY OWNER: City of Port Arthur, a municipal corporation APPLICANT: Motiva Enterprises, LLC PROPERTY LOCATION: south of West 17th Street and east of State Highway 82 (A.K.A. Dr. Martin Luther King Jr. Drive). REQUEST TYPE: Abandonment of Street Right-of-Way NATURE OF REQUEST: The Planning and Zoning Commission is being asked to consider a request for abandonment of the following: Property Description: 2.042-Acre portion of a dedicated public right-of-way, known as Terminal Road, an extension of public road shown on plat as the Port Arthur Heights Addition Total Acreage: 2.042-Acres of Land Current Zoning: Industrial (I) Proposed Zoning: -Same- Abutting Zoning: North/South/East/West: ETJ Purpose of request: Motiva Enterprises, L.L.C. is making this request for the purpose of expansion and project site safety. Project Background: Motiva Enterprises, L.L.C. submitted an abandonment application to the City’s Planning and Zoning Division on or around November 5, 2019, r equesting consideration for abandoning a portion of the Terminal Road right-of-way. The Planning Commission held a public hearing on March 16, 2020, in which the vote was to recommend approval of the request. On March 17, 2020, City Council approved Resolution No. 20-083, calling for a public hearing to consider the proposed abandonment. However, further discussion with Council in Executive Session yielded a decision to request that Motiva Enterprises, L .L.C. 444 4th Street • 5th Floor – City Council • Port Arthur, TX 77640 • www.portarthurtx.gov Staff Report A22-02(B) Page 2 of 8 withdraw its request for abandonment due to traffic and safety concerns posed by the Council. Representatives from Motiva Enterprises submitted a new application for the said abandonment on September 9, 2022. The request remains the same. 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. Public Notice: On Wednesday, September 7, 2022, two (2) notices were mailed to adjacent property owners within a 200 ft. Radius, and published in the Port Arthur Newspaper before the September 19, 2022, public hearing. FISCAL IMPACT/BUDGET IMPLICATIONS: An updated appraisal for the Street R.O.W. will be provided by Cook & Associates, Inc. of Beaumont, Texas, a licensed and qualified real estate appraiser. A fair and reasonable consideration for the proposed acquisition of said right s-of-way will be determined and presented to the City Council for consideration. RECOMMENDED ACTION: It is recommended that the Planning and Zoning Commission provide a recommendation to the City Council regarding abandoning the portion of the right-of-way referenced above. ATTACHMENTS: Attachment 1: Property Survey/Description Attachment 2: Stated Purpose (provided by Motiva Enterprises, L.L.C.) Attachment 3: Radius Map/Aerial Attachment 4: Zoning Designation Attachment 5: Public Notice (Newspaper) Staff Report A22-02(B) Page 3 of 8 ATTACHMENT 1 Staff Report A22-02(B) Page 4 of 8 ATTACHMENT 2 In consensus with the City of Port Arthur, Motiva seeks to enhance our partnership and long-term commitment to the success of Port Arthur and its residents through the assumption of ownership, care, custody, and control of 25th Street as described above. In partnership with the City of Port Arthur, Motiva will assume the street in its current state, alleviating the City from undertaking significant needed repairs. Public safety will be improved through the elimination of public traffic that has historically resulted in burdens to City resources as a consequence of private citizen interfaces with the reservoirs. Further, this street has also historically become a location where individuals have chosen to dump trash, appliances, furniture and other debris that has further burdened City resources to remove from the roadway and surrounding areas. Acquisition of this roadway will enable Motiva to improve security hardening of its perimeter as Motiva continues to responsibly meet dynamic and evolving security challenges. The City's partnership in abandoning 25th Street to Motiva will also allow Motiva to secure more of its property in a contiguous manner, which directionally allows consideration for future growth opportunities that would be beneficial to the City of Port Arthur, surrounding communities, and Motiva. Staff Report A22-02(B) Page 5 of 8 ATTACHMENT 3 Staff Report A22-02(B) Page 6 of 8 Staff Report A22-02(B) Page 7 of 8 ATTACHMENT 4 Staff Report A22-02(B) Page 8 of 8 ATTACHMENT 5