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Home My WebLink AboutPO 7249: CHANGING THE ZONING, IN THE VISTA VILLAGE SUBDIVISION City of - ort rtJtu — www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF PLANNING AND ZONING INTEROFFICE MEMORANDUM Date: July 5, 2024 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, City Manager,CPM From: Aries R. Milo, Senior Planner— Division of Planning & Zoning RE: P.O. NO. 7249— An Ordinance changing the zoning on approximately 1.437-acre tracts of land in the Vista Village Subdivision Introduction: This agenda item intends to seek the City Council's approval of P.O. NO. 7249 to change the zoning from Neighborhood Services (NS) to a Low Density Residential District (LDR) on approximately 1.437-acre tracts of land being part of Vista Village and consisting of CA-1-A, CA-1-B, and CA-1-C, of a replat of Commercial "A", Vista Village Subdivision, Jefferson County, Texas (The property is located Northeast of Terrace Avenue and Southwest of Linkwood Street.). The purpose of this request is to change the zoning from Neighborhood Services to a Low-Density Residential District for the development of single-family homes. Background: On or around May 10, 2024 property owners applied for a zoning change from Neighborhood Services "NS" to Low-Density Residential "LDR" to allow for the development of single-family homes. Per Appendix A, Section 3: Land Uses, providing an effective date of January 1, 2023, a " single-family homes" are prohibited in non-residential zoned districts within the city limits. "Remember, wwe are here to sen a the Citizens of Port krthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 Per Appendix A, Section 6.03 of the City of Port Arthur Zoning Ordinance, any person or corporation having a proprietary interest in any property may petition the City Council for a change or amendment to the provisions of this ordinance. The Planning and Zoning Commission may, on its own motion or on request from the City Council, institute study and proposal for changes and amendments in the public interest. In accordance with chapter 211 of the Texas Local Government Code, a public hearing shall be held by the City Council before adopting any proposed amendment, supplement, or change. Notification of the hearing date and time was published in the official newspaper of the city, and mailed to adjacent property owners within a 200' radius a minimum of 15-days before the public hearing. The Planning & Zoning Commission conducted a public hearing on June 03, 2024 at 5:30 p.m. and voted 3:0 recommending approval for said request. On June 4, 2024, the City Council approved Resolution No. 24-238, calling for a public hearing in accordance with Section 211.006(a-1)of the Texas Local Government Code. The City Secretary's Office published the public notice in the Port Arthur Newspaper on June 19, 2024, as well as prepared and mailed notifications to adjacent property owners on June 17, 2024. The City Council conducted a public hearing on July 2, 2024, at 6:00 p.m. The following is a listing of community members who verbally voiced their opinions on the said request: Planning and Zoning Commission Meeting (06/3/2024): • Statements of Opposition (Written): 01 • Number of Petitioners (opposing): 00 • Verbal Opposition: 04 • Verbal Support (property owner): 02 • Letters Returned as non-deliverable: 00 City Council Public Hearing (07/02/2024): • Statements of Opposition (Written): 00 • Number of Petitioners (opposing): 00 • Verbal Opposition: 00 • Verbal Support (property owner): 01 • Verbal Opposition (following the public hearing): 00 • Letters Returned as non-deliverable: 01 Budget Impact: None "Remember,wwe are here to sen e the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 Recommendation It is recommended that the City Council approve P.O. No. 7249, granting a zoning change for approximately 1.437 acres of Land being out of the Vista Village Subdivision, Jefferson County, Texas. (The property is located Northeast of Terrace Avenue and Southwest of Linkwood Street.) "Remember.Ile are here to sers e 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.7249 07/05/2024-ARM PAGE 1 OF 9 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY CHANGING THE ZONING FROM NEIGHBORHOOD SERVICES TO LOW DENSITY RESIDENTIAL ON APPROXIMATELY 1.437-ACRE TRACTS OF LAND BEING OUT OF VISTA VILLAGE SUBDIVISION, AND CONSISTING OF TRACTS CA-1- A, CA-1-B, AND CA-1-C, REPLAT OF ALL OF TRACT CA-1, OF A REPLAT OF COMMERCIAL "A", VISTA VILLAGE SUBDIVISION, CITY OF 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. Z24-05 — OPEN BOOK REAL ESTATE INVESTMENTS WHEREAS, in accordance with Appendix A, Section 6.03 of the City of Port Arthur Zoning Ordinance, Open Book Real Estate Investments, being the owner and having a proprietary interest in the real property consisting of approximately a 1.437-acre Tracts of Land being out of Vista Village Subdivision, and consisting of Tracts CA-1-A, CA-1-B, and CA-1-C, Vista Village Subdivision, City of 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 July 2, 2024, at 6:00 p.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 Appendix A, Sections 3.03 and 2.03 (B) Low Density Residential District of the City's Zoning Ordinance; and P.O.NO.7249 07/05/2024-ARM PAGE 2 OF 9 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 June 3, 2024, 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, the City Council held a public hearing for this case on July 2, 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 2.05 (C) 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.7249 07/05/2024-ARM PAGE 3 OF 9 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 Neighborhood Services (NS) District to the Low Density Residential (LDR) District: 1.437-acre Tracts of Land consisting of CA-1-A, CA-1-B, and CA-1-C, Vista Village Subdivision, City of 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.7249 07/05/2024-ARM PAGE 4 OF 9 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 July 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: NOES: Thurman Bill Bartle, Mayor Pr P.O.NO.7249 07/05/2024-ARM PAGE 5 OF 9 ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: ((v"--4.---, J m s M. Black, Esq., Interim City Attorney r, APPROVED FO ADMINISTRATION: ona "Ron" B n, P , Cit M 40(4en ci L. " Pamela D. Langford, Assist City Manager-Operations/ Director of Development Services P.O.NO.7249 07/05/2024-ARM PAGE 6 OF 9 EXHIBIT "A" 1 r 66 it g 8 e I, sli 9, C.) I ,, 3 ti'f 4 dg ,I ! 1.6 c _ ..tt I g 11,11 Y a 1 .6 .I1 le tnri / I tril 04111. PP tlel -, II \ .4—.1 I .- i" 1 •V ; 4 , co g g I: HZ I, II 661 , 441 9. - P 4 gl ; 2 s I r LI 415 _, a °SX4.6..-Ii-§ 60:A 11 5 6 J.{ i , n i,r.f) ..4 Jt,§ 'ifrtri 1 ' i ! i b — - 4 11 a;'-7.....1:-J,:::.:4 vi 4 1 ,..... J E—G0r:,°5t i. 10,1 .,' 0 I .1.:c3. 111" : , i ' v : iii r --,;',1,1 I ei t - ciP) 4t4,.., a 5 ug 64-s§ii 111. ; I I t tit - , -ii • , i, 1 1 1 6 I. 1 -xt Dilly . i g F /t !pci )! ! ,1 "*.4111 l ,.1 e in! -i .: vi Oli a ;I .1-itia 5-3 U 6 tv, 0-..--- At r el WV/its VI i watt ••• 4 .. el giA; -- - 0 'A cr 1.• ;IN vf '3 ie gi v..1.1 FP 7.; I . 1 - g ,..1•1:1 0 i !ii!;thi OS ,q„, hilic1,1 ,( L ai Zr•Viir. 115111tesrgi ,qq! 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