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Home My WebLink About(PH 1) City Council Presentation Agricultural to HDR 8.15.2023 (2)CITY OF PORT ARTHUR PUBLIC HEARING August 15, 202310:00 A.M. ZONING CHANGEZ23-05 Agricultural (A) to High-Density Residential (HDR) Department of Development ServicesDivision of Planning Request… City Council is being asked to consider granting a Zoning Change forapproximately7.404-Acres of Land consisting of Lot 16 and part ofLot17,Block 7,Hillcrest 2 Addition of Port Arthur,Jefferson County,TX (located south of U.S.Highway 69 and Laura Lane and west of90thStreet),Port Arthur,Jefferson County,Texas . Background… April 27, 2023 –Application for the zoning change was submitted to the Planning Division. June 30, 2023, -Public Notices were mailed to adjacent property owners within 200 ft. July 1 , 2023 –Public Notice published in Port Arthur Newspaper A public hearing was held by the Planning and Zoning Commission on July 17, 2023, at 5:30 p.m. The Planning Commission voted 3:2 recommending approval of said request. On July 18, 2023, City Council approved Res. No. 23-311, calling for a public hearing. July 29, 2023, Notification was published in the Port Arthur Newspaper. Current/Proposed Zoning… Current Zoning: Agricultural (A)–Allows use of undeveloped land used for agricultural purposes. The intensity and types of uses permitted in the agricultural district shall encourage and protect agricultural uses until urbanization is warranted and the appropriate change in the district classification is made. Proposed Zoning: High Density Residential (HDR) –Is to establish areas appropriated for multiple-family dwellings. Zoning… Site Location… Street View Public Notice Requirements(Zoning Commission) Texas Local Government Code Sections 211.007(b)(c) (b)The zoning commission shall make a preliminary report and hold public hearings onthatreportbeforesubmittingafinalreporttothegoverningbody.The governing bodymaynotholdapublichearinguntilitreceivesthefinalreportofthezoningcommissionunlessthegoverningbodybyordinanceprovidesthatapublichearingistobeheld,after the notice required by Section 211.006(a),jointly with a publichearingrequiredtobeheldbythezoningcommission.In either case,the governingbodymaynottakeactiononthematteruntilitreceivesthefinalreportofthezoningcommission. (c)Before the 10th day before the hearing date,written notice of each public hearingbeforethezoningcommissiononaproposedchangeinazoningclassificationshallbesenttoeachowner,as indicated by the most recently approved municipal tax roll,ofrealpropertywithin200feetofthepropertyonwhichthechangeinclassificationisproposed... Public Notice Requirements(Governing Body) Texas Local Government Code Sections 211.006(a) “The governing body of a municipality wishing to exercise the authority relating tozoningregulationsandzoningdistrictboundariesshallestablishproceduresforadoptingandenforcingtheregulationsandboundaries.A regulation or boundary isnoteffectiveuntilafterapublichearingonthematteratwhichpartiesininterestandcitizenshaveanopportunitytobeheard.Before the 15th day before the date ofthehearing,notice of the time and place of the hearing must be published in anofficialnewspaperoranewspaperofgeneralcirculationinthemunicipality...” Public Comment… Public Notices were mailed on June 30, 2023, to thirty-four (34) property owners within a 200 feet radius of the proposed site and published in the Port Arthur Newspaper on July 1, 2023, in preparation for the following public hearing dates: •July 17, 2023 (P&Z Commission) •Written Opposition: 7 •Verbal Opposition: 3 •Letter Returned 0 •May 2, 2023 (City Council) •Written Opposition: 14 (Written Petition) •Verbal Opposition: 0 •Letter Returned 0 RESIDENT CONCERNS •Jeopardize the privacy of existing residences •Increase Traffic (90th,95th, and El Paso Streets are much too narrow for additional traffic) •Decrease the value of the neighborhood •Thirty (30) duplexes would bring in sixty (60) additional families, which could add one hundred twenty (120) extra vehicles to the neighborhood •Too close to the airport •Flooding Issues •Safety Concerns •Utilities and infrastructure cannot support any more people DEVELOPERS REMARKS •Market valued rental housing (between $1,800 to $2,000 per month rent) •No low income housing •Gated community •Detention Pond (will build infrastructure that will not allow drainage to adjacent residential properties) •No airport interference •Development will not bring down property values Section 211-006 (d) •A City Council may approve or deny the proposed matter by a simple majority vote. In the event, however, that a proposed change to a regulation or boundary is protested by twenty (20) percent of the owners of property located within two hundred (200) feet of the affected property, then the proposed change must be approved by at least three fourths (3/4) of all members of the City Council who are qualified to vote. •Protest letters must be written and signed by the owners of at least twenty (20) percent of the area of the lots or land immediately adjourning the area covered by the proposed change and extending two hundred (200) feet from that area. Requirement The Planning & Zoning Commission has received eighteen (18.5) percent of letters of opposition from the property owners within two hundred (200) feet of the proposed development; therefore, the City Council must approve this request by a Simple Majority Vote.