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HomeMy WebLinkAboutPR 22784: CALLING FOR A PUBLIC HEARING ABANDONMENT FOR A 2.042 ACRE, STREET RIGHT OF WAY City of o r t rthttr Trxus www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF PLANNING AND ZONING INTEROFFICE MEMORANDUM Date: September 16, 2022 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, City Manager From: Pamela D. Langford, Assistant City Manager— Operations/Director of Development Services ' . RE: P.R. NO. 22784 —A resolution calling for a public hearing to consider an abandonment for a 2.042-acre portion of a dedicated street right-of-way. Introduction: The intent of this Agenda Item is to request a public hearing to consider the abandonment of approximately 2.042-acres of a dedicated and improved portion of the Terminal Road right-of-way, Port Arthur Heights Addition, Port Arthur, Jefferson County, Texas. The request is being made on behalf of Motiva Enterprises, LLC, for expansion and project site safety. Background: Motiva Enterprises, LLC submitted an abandonment application to the City's Planning and Zoning Division on or around November 5, 2019, requesting consideration for the abandonment of a portion of the Terminal Road right-of-way located between West 17th Street and State Highway 82 [A.K.A. Dr. Martin Luther King, Jr. Drive]. The Planning Commission held a public hearing on March 16, 2020, in which they voted 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, LLC "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 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. The Planning and Zoning Commission held the most recent public hearing on September 19, 2022, in which they voted 3:0 recommending approval of said request. Budget Impact: An updated appraisal has been requested from a licensed and qualified real estate appraiser, which will provide a current fair and reasonable valuation for consideration for the proposed acquisition of said right-of-way. Recommendation: It is recommended that City Council approve P.R. No. 22784, calling for a public hearing to consider the abandonment of approximately 2.042-acres of a dedicated and improved portion of the Terminal Road right-of-way, Port Arthur Heights Addition, Port Arthur, Jefferson County, Texas. A public hearing shall be held on Tuesday, October 25, 2022, at 6:00 p.m. "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.R.NO.22784 09/16/2022-PDL PAGE 1 OF 5 RESOLUTION NO. A RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER A PROPOSED ABANDONMENT FOR APPROXIMATELY 2.042-ACRES OF LAND CONSISTING OF AN IMPROVED PORTION OF THE TERMINAL ROAD RIGHT-OF- WAY LOCATED IN THE PORT ARTHUR HEIGHTS ADDITION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS. A22-02(B) — MOTIVA ENTERPRISES, LLC WHEREAS, the Port Arthur Planning and Zoning Commission is recommending that City Council consider an abandonment for approximately 2.042-acres portion of a dedicated public right-of-way, known as Terminal Road, Port Arthur Heights Addition, Port Arthur, Jefferson County, Texas, as delineated in Exhibit "A"; and, WHEREAS, Article VI, Section 94-383 authorizes the calling of a public hearing to consider the abandoning, vacating and relinquishing streets, alleys, and easements; and, WHEREAS, City Council has the authority to vacate, abandon, or close a street under Section 311.001 and 311.007 of the Transportation Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the facts and opinions in the preamble are true and correct. THAT the Planning and Zoning Commission will hear this case on September 19, 2022. THAT upon abandoning and vacating streets, the City shall have the right, if it so desires, to retain utility easements. THAT a public hearing to consider whether to grant the applicant the abandonment as delineated in Exhibit "A" shall be held on October 25, 2022, at 6:00 p.m. in the City P.R.NO.22784 09/16/2022-pdl PAGE 2 OF 5 Council Chambers, Fifth Floor, City Hall, 444 4th Street, Port Arthur, Texas, or by telephonic and videoconference. THAT notice of the public hearing shall be published at least fifteen days prior in the City's official newspaper before going to the City Council. THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this day of September, A.D.2022, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR COUNCILMEMBERS: NOES: Thurman Bill Bartle, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: Valecia " I" Tizeno, City Attorney P.R.NO.22784 09/16/2022-pdl PAGE 3 OF 5 APPROVED FOR ADMINISTRATION: Rona "Ron" Burton, City Manager Pamela D. Langford, Assistant City anager-Operations/ Director of Development Services P.R.NO.22784 09/16/2022-pdl PAGE 4 OF 5 EXHIBIT "A" P.R.NO.22784 09/16/2022-pdl PAGE 5 OF 5 N I „,� tit §I,i \\\ I A ;�a• \ \ \ \ .:... .m r.r•r.vY..i.::ye w.:ye..r`o.w. .., ...ye.•....r..•..•yeyer•r.w.. I Re ruun B rartmm 5ye4•41•••11 yee..rr.ea=w... IIIIAO.MKT,M. .Y•.r.. _w.n11.M.rY. asr .101.n tea . Winn.uc aft w.4 Ma Pada.w.r.aro.rA e.r na nr•Tyec..r w.ye ye•.s•..a. 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