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Home My WebLink AboutPO 7227: CHANGING THE ZONING ON AN APPROXIMATELY 21.038-ACRE TRACT OF LAND IN THE UNRECORDED SUBDIVISION PLAT OF PALOMAR nrt r1hu www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF PLANNING AND ZONING INTEROFFICE MEMORANDUM Date: January 19, 2024 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.O. NO. 7227 —An Ordinance changing the Zoning on an approximately 21.038-acre Tract of Land in the Unrecorded Subdivision Plat of Palomar Introduction: This agenda item intends to seek the City Council's approval of P.O. NO. 7227, to change the zoning from High-Density Residential "HDR" (formerly referred to as Multiple Family "MF") to Commercial Retail "CR" (formerly referred to as Light Commercial "LC") on approximately 21.038-acre Tract of Land being out of and part of the W. Kyle Survey A-414, Port Arthur, Jefferson County, Texas (Property is located south of Texas-93 Spur[A.K.A. West Port Arthur Road] between Shirley Street and 58th Street). The purpose of this request is to allow for the development of a park-and-ride facility. Background: A completed application was filed with the Planning and Zoning Commission on or around November 9, 2023, requesting a zoning change for the abovementioned property. The zoning change would allow for developing a park-and-ride facility as a legally conforming use at said location. Public notices were published in the Port Arthur Newspaper on November 18, 2023, and mailed to property owners within a 200-foot radius of the proposed site on November 17th. The Planning & Zoning Commission held a public hearing on December 4, 2023, inviting citizens to express their support or "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 A completed application was filed with the Planning and Zoning Commission on or around November 13, 2023, requesting a zoning change for the abovementioned property. The zoning change would allow the extended stay hotel to operate as a legally conforming use on the property. Public Notices were published in the Port Arthur Newspaper on November 18, 2023, and mailed to property owners within a 200-foot radius of the property on November 17th. The P&Z Commission held a public hearing on December 4, 2023, inviting citizens to express their support or opposition to the request. The Planning and Zoning Commission voted 4:0, recommending the request's approval. On November 28, 2023, the City Council approved Resolution No. 23-514, calling for a second public hearing. The City Secretary's Office published the public hearing in the December 30, 2023, Port Arthur Newspaper and prepared and mailed notifications to adjacent property owners on January 9, 2024. The City Council conducted a public hearing on January 16, 2024, at 6:00 p.m. Several members of the community provided verbal statements of opposition. The following is a listing of community members who verbally voiced their opinions on the said request: Planning and Zoning Commission Meeting (12/4/2024): • Statements of Opposition (Written): 00 • Number of Petitioners (opposing): 00 • Verbal Opposition: 00 • Verbal Support (property owner): 00 • Letters Returned as non-deliverable: 00 City Council Public Hearing (01/16/2024): • Statements of Opposition (Written): 00 • Number of Petitioners (opposing): 00 • Verbal Opposition: 04 • Verbal Support (property owner): 01 • Verbal Opposition (following the public hearing): 01 • Letters Returned as non-deliverable: 00 Budget Impact: None Recommendation: It is recommended by the City's Planning and Zoning Commission that the City Council deny P.O. NO. 7213, to change the zoning from Low-Density Residential "LDR" (formerly referred to as Single Family"SF") to Commercial Retail "CR" (formerly referred to as Light Commercial "LC") on approximately 4.00-acre Tract of Land being part of Port Acres and consisting of Lot 8, Block 12, Port Acres Subdivision, Port Arthur, Jefferson County, Texas (Property is located at 2689 65th 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. 7227 01/19/2024-pdl PAGE 1 OF 8 RESOLUTION NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY CHANGING THE ZONING FROM HIGH DENSITY RESIDENTIAL TO COMMERCIAL RETAIL ON APPROXIMATELY 21.308-ACRES OF LAND BEING OUT OF AND PART OF THE W. KYLE SURVEY A-414, AND CONSISTING OF ALL OF LOTS 10-25, BLOCK 27, A PORTION OF OLEANDER, VIOLET, GARDENIA, CAMELLIA, COX, & DAISY STREETS, AND A PORTION OF WILLOW DRIVE, A PORTION OF BLOCKS 25 & 26, AND ALL OF BLOCKS 14, 15, & 16 OF THE PALOMAR ADDITION, SECTION 1, AN UNRECORDED SUBDIVISION PLAT, 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. Z23-10 — BDS CONSTRUCTORS, LLC D.B.A. MK CONSTRUCTORS WHEREAS, in accordance with Appendix A, Section 6.03(A) of the City of Port Arthur Zoning Ordinance, BDS Constructors, LLC d.b.a. MK Constructors, being the owner and having a proprietary interest in the real property consisting of approximately a 21.308-acre Tract of Parcel of Land being out of and part of the W. Kyle Survey A-414, Port Arthur, Jefferson County, Texas (as delineated in Exhibit "A"), 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 January 16, 2024, at 6:00 p.m.; and P.O. NO.7227 01/19/2024-pdl PAGE 2 OF 8 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 Appendix A, Sections 3.03 and 2.04 (B) of the City's Zoning Ordinance; and WHEREAS, in accordance with Section 211.007 of the Texas Local Government Code, and Section 6.03(D) of the City's Zoning Ordinance, the Planning and Zoning Commission held a public hearing for this case on December 4, 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 this request be "Denied"; 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, the City Council held a public hearing for this case on January 16, 2024. 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 2.04 (B) of the City's Zoning Ordinance; and P.O. NO.7227 01/19/2024-pdl PAGE 3 OF 8 WHEREAS, the proposed change could have been protested in accordance with Section 211 ,006(d) of the Texas Local Government Code; and 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 proposed 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 High-Density Residential (HDR) District to the Commercial Retail (CR) District: 21.038 Acres of Land being out of any part of the W. Kyle Survey A-414, and consisting of all of Lots 10-25, Block 27, a portion of Oleander, Violet, Gardenia, Camellia, Cox, & Daisy Streets, and a portion of Willow Drive, a portion of Blocks 25 & 26, and all of Blocks 14, 15, & 16 of the Palomar Addition, Section 1, and Unrecorded Subdivision Plat, 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. P.O. NO.7227 01/19/2024-pdl PAGE 4 OF 8 Section 4. That all ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. 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 pursuant to Section 211.006 (d-f) of the Texas Local Government Code and Section 6.03(F)(1) of the Zoning Ordinance, the proposed change has been recommended to be denied by the planning and zoning commission, the affirmative vote of at least three-fourths of all members of the City Council (i.e., at least six [6] members) is required for the adoption of this Ordinance. READ, ADOPTED, AND APPROVED this day of January, A.D.2024, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR COUNCILMEMBERS: P.O.NO.7227 01/19/2024-pdl PAGE 5 OF 8 NOES: Thurman Bill Bartle, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: kit--ittl' Valecia "Val" Tizeno, City Attorney APPROVED FOR ADMINISTRATION: 7‘nald ' Ron" 7-47, City er GL rr, ` �„ -7)---V Pamela D. Langford, Assistant City Manager-Operations/ Director of Development Services P.O. NO. 7227 01/19/2024—pdl PAGE 6 OF 8 EXHIBIT "A" .2, (‘-''' 31 e4 0 O ,ig'zi 0 i z-i,,, ..!-.2A ag a 4 i l r-.1 i g !AB,- !...e& qcc.. .y.,_, _ ... el ' ,,1 ... ,_ ',jt d!C Si 4--• R 1;1 l'i g g,,,, i 13.--,? ,,-- . •,,,,, i L'A t';'-ri i M 1 6?..--4 1 --=‘ o -il,t4 -''8''' ' n,..5 a o .-, '4, ? ' 8 ? 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