HomeMy WebLinkAboutPO 7166: AN ORDINANCE CHANGING THE ZONING ON APPROXIMATELY 7.404-ACRES OF LAND IN THE HILLCREST 2 ADDITION City of
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DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF PLANNING AND ZONING
INTEROFFICE MEMORANDUM
Date: August 18, 2023
To: The Honorable Mayor and City Council
Through: Ronald "Ron" Burton, City Manager
From: Pamela D. Langford, Assisted City Manager— Operations/Director of
Development Services ,f,",
RE: P.O. NO. 7166 —An Ordinance changing the Zoning on approximately
7.404-Acres of Land in the Hillcrest 2 Addition
Introduction:
This agenda item intends to seek the City Council's approval of P.O. NO. 7166, to
change the zoning from Agricultural (A) to High-Density Residential (HDR) of
approximately 7.404-acres of Land consisting of Lot 16 and part of Lot 17, Block 7,
Hillcrest 2 Addition, Port Arthur, Jefferson County, Texas (Property is located south of
Laura Lane and west of 90th Street).
The purpose of this request is to allow for the development of a 60-unit duplex
residential complex.
Background:
On April 27, 2023, the applicant, Mohammad lssa, applied for a Zoning Amendment
and was informed that he would need to attend a pre-development meeting to discuss
his project with City Staff.
On June 14, 2023, City Officials conducted a pre-development meeting with the
property owner to discuss the development of the proposed site. The purpose of the
meeting was to discuss the construction of thirty duplexes at said location.
Representatives of the development were informed by Planning Staff, per Section 3.03,
of the City of Port Arthur Zoning Ordinance, that a zoning change would be required
"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
because duplexes were not allowed in an agriculturally zoned district. Representatives
acknowledged the requirement at the meeting and stated that they had already applied
for a zoning change. The applicants were provided with additional information on how
to proceed with this request.
On June 30, 2023, Public Notices were mailed to adjacent property owners within 200
ft. Additionally, on July 1, 2023, Public Notices were published in the Port Arthur
Newspaper.
The Planning and Zoning Commission held a public hearing on July 17, 2023, to discuss
this request. The commission invited citizens to express their support or opposition to
said request. The Planning & Zoning Commission voted 3:2, recommending approval
based on the discussion.
On July 18, 2023, City Council approved Resolution No. 23-311, calling for a public
hearing. The City Secretary's Office prepared and mailed notifications for the public
hearing on August 15, 2023, and published a public notice in the Port Arthur Newspaper
on July 29, 2023.
City Council conducted a public hearing on August 15, 2023, at 10:00 a.m. Several
members of the community provided written statements of opposition, as well as a
petition, prior to the hearing date. Copies of the statements and petition were provided
to City Council at the public hearing.
The following is a listing of community members who verbally voiced their opinions on
the said request:
• Statements of Opposition (Written): 07
• Number of Petitioners (opposing): 14
• Verbal Opposition: 05
• Verbal Support (property owner): 01
Budget Impact:
None
Recommendation:
It is recommended that City Council approve P.O. NO. 7166, to change the zoning from
Agricultural (A)to High-Density Residential (HDR) of approximately 7.404-acres of Land
consisting of Lot 16 and part of Lot 17, Block 7, Hillcrest 2 Addition, Port Arthur,
Jefferson County, Texas (Property is located south of Laura Lane and west of 90th
Street).
"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.7166
08/18/2023 ARM
PAGE 1 OF 8
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF PORT ARTHUR BY CHANGING THE ZONING FROM
AGRICULTURAL TO HIGH-DENSITY RESIDENTIAL ON
APPROXIMATELY 7.404-ACRES OF LAND CONSISTING OF LOT 16
AND PART OF LOT 17, BLOCK 7, HILLCREST 2 ADDITION, PORT
ARTHUR, JEFFERSON COUNTY, TEXAS (VIOLATION OF ANY
PROVISION OF THIS ORDINANCE SHALL BE GUILTY OF A
MISDEMEANOR AND SHALL BE PUNISHED BY A FINE NOT
EXCEEDING $2,000.00, AS PROVIDED IN CHAPTER 1, SECTION 1-13
OF THE CODE OF ORDINANCES, AND EACH DAY WHICH VIOLATION
IS PERMITTED TO EXIST SHALL CONSTITUTE A SEPARATE AND
DISTINCT OFFENSE.); AND PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND
EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE.
Z23-05 — MOHAMMED ISSA
WHEREAS, in accordance with Appendix A, Section 24-100 of the City of Port
Arthur Zoning Ordinance, Mohammed Issa, being the owner and having a proprietary
interest in the real property consisting of approximately 7.404-Acres of Land consisting of
Lot 16 and part of Lot 17, Block 7, Hillcrest 2 Addition, Port Arthur, Jefferson County,
Texas, has petitioned the City Council for a change or amendment to the zoning of said
property; and
WHEREAS, all requirements of Article XI, Section 2(b) of the City Charter and
Appendix A — Zoning of the City of Port Arthur Code of Ordinances, including Sections
211.006 and 211.007 of the Texas Local Government Code, having been fulfilled, the City
Council held a public hearing August 15, 2023, at 10:00 a.m.; and
WHEREAS, the property will be combined and developed by the Owner, its
affiliates, or their successors and assigns for construction and use in general accordance
with the Appendix A, Sections 3.03 and 2.03 (D) of the City's Zoning Ordinance; and
P.O. NO. 7166
08/18/2023 ARM
PAGE 2 OF 8
WHEREAS, in accordance with Section 211.007 of the Texas Local Government
Code, and Section 6.03 of the City's Zoning Ordinance, the Planning and Zoning
Commission held a public hearing for this case on July 17, 2023, as well as written notices
were sent to each owner, before the 10th day before the hearing date, as indicated by the
most recent approved municipal tax roll, of real property within 200 feet of the property
on which the change in classification is proposed; and
WHEREAS, the Planning and Zoning Commission recommended "Approval" of
this request; and
WHEREAS, in accordance with Section 211.006(a) of the Texas Local
Government Code, and Section 5.02 of the City's Zoning Ordinance, City Council held a
public hearing for this case on August 15, 2023. Official notice of the time and place of
the hearing was published in the official newspaper of the City of Port Arthur before the
15th day of said hearing; and,
WHEREAS, the Port Arthur City Council has reviewed this proposed Ordinance
and finds that it would be in the public interest and general welfare of the city, 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 the adjustment of changing demands to meet the
current needs of the community by meeting the following purpose in accordance with
Appendix "A", Section 2.03 (D) of the City's Zoning Ordinance; and
WHEREAS, the proposed change could have been protested in accordance with
Section 211,006(d) of the Texas Local Government Code; and
P.O.NO.7166
08/18/2023 ARM
PAGE 3 OF 8
WHEREAS, Section 211.006(d)(f) of the Texas Local Government Code and
Section 6.03 of Appendix A-Zoning, of the Port Arthur Code of Ordinances, are applicable
for the prosed change to take effect; and
WHEREAS, these laws require a simple majority vote of all members of the City
Council; 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(s) of land located in
the City of Port Arthur, Jefferson County, Texas, be and the same is changed from the
Agriculture (AG) District to the High-Density Residential (HDR) District:
7.404-Acres of Land consisting of
Lots 16 and part of Lot 17, Block 7, Hillcrest 2 Addition,
Port Arthur, Jefferson County, Texas
EXHIBIT "A"
Section 2. That the Building Official and the Director of Planning & Development
Services are authorized and directed to make all necessary changes to the official "Zoning
Map, City of Port Arthur, Texas," on file in the offices of Inspections and Permitting and
the Planning and Zoning Divisions, so as 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 holding 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.
P.O.NO.7166
08/18/2023 ARM
PAGE 4 OF 8
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
$2,000.00, as provided in Chapter 1, Section 1-13 of the Code of Ordinances, and each
day which violation is permitted to exist shall constitute a separate and distinct offense.
Section 6. That this 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.
Section 7. That because this request has not been protested according to Section
6.03 of Appendix A — Zoning of the Port Arthur Code of Ordinances or 211.006 of the
Texas Local Government Code, a three-fourths (3/4) majority (6 votes) is not required for
the adoption of this Ordinance.
READ, ADOPTED, AND APPROVED this day of August A.D., 2023, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following
votes: AYES:
MAYOR:
COUNCILMEMBERS:
NOES:
Thurman Bill Bartie, Mayor
P.O. NO. 7166
08/18/2023 ARM
PAGE 5 OF 8
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED AS TO FORM:
Valecia "Val" Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
d "Ron" Burton, City Ma ger
c 7 / b
Pamela D. Langford, Assistan'CCity Manager- Operations/
Director of Planning & Development Services
P.O. NO. 7166
08/18/2023 ARM
PAGE 6 OF 8
EXHIBIT "A"
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