HomeMy WebLinkAboutPO 7319: APPROVING AMENDMENT TO THE ZONING MAP Z24-09 CITY OF PORT ARTHUR (PLEASURE ISLAND) Cin err O nr? r?lrur illik www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF PLANNING AND ZONING INTEROFFICE MEMORANDUM Date: February 14, 2025 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, City Manager, CPM From: Aries R. Milo, Senior Planner Development Services RE: P.O. NO. 7319 — Amendment to the Zoning Map from Commercial General to Medium Density Residential Introduction: The intent of this Agenda Item is to seek the City Council's approval for an amendment of the City of Port Arthur Zoning Map from Commercial General to Medium Density Residential for approximately 179.73 acres of land being out of Lafitte's Landing 1 & 2 and D. Gahagen, Jefferson County, Texas. The property is located in Lafitte's Landing 1 & 2 and D. Gahagen, Jefferson County, Texas. Background: On or around July 8, 2024, City Staff along with the Planning & Zoning Commission began the discussion of a potential Zoning Map Amendment in regards to Lafitte's Landing 1 & 2 and D.Gahagen. The subject area is currently zoned Commercial General (CG). On August 22, 2024 City Staff met with property owners in order to express favor and/or opposition of the proposed change. A 30-day comment period was extended to property owners in order to receive feedback from those who may not have been able to attend the meeting or needed more information and clarity on the proposed change. The Planning & Zoning Commission conducted a public hearing on December 9, 2024, at 5:30 P.M. 'Remember, n c 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 On January 7, 2025, the City Council approved Resolution No. 24-047, calling for a public hearing in accordance with Section 211.006(a-1) of the Texas Local Government Code. City council held a public hearing on February 11, 2025 at 6:00 P.M. There was no opposition in regards to the proposed zone change. In accordance with 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 & Zoning Commission may on its own motion or on request from the City Council institute a study and proposal for changes and amendments in the public interest. Notification of the hearing date and time was published in the city's official newspaper and mailed to adjacent property owners within a 200-foot radius a minimum of 15 days before the public hearing. Budget Impact: None Recommendation: It is recommended that the City Council consider the approval of Proposed Ordinance No. 7319, granting a Zoning Map Amendment for approximately 179.73 acres of land being out of Lafitte's Landing 1 & 2 and D. Gahagen, Jefferson County, Texas. The property is located in Lafitte's Landing 1 & 2 and D. Gahagen, Jefferson County, Texas. "Remember,use are here to serve the Citizens of Port:krthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.O. NO.7319 02/14/2025-ARM PAGE 1 OF 10 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY CHANGING THE ZONING FROM COMMERCIAL GENERAL TO MEDIUM DENSITY RESIDENTIAL ON APPROXIMATELY 179.73-ACRE TRACTS OF LAND BEING OUT OF LAFITTE'S LANDING 1 AND 2, D. GAHAGEN, BERWICK MANOR, AND BREEDEN DUHAMEL SUBDIVISION, AND CONSISTING OF LOT 7 THRU LOT 10, LAFITTE'S LANDING, JEFFERSON COUNTY, TEXAS. LOT 1 THRU LOT 66, LAFITTE'S LANDING 2, JEFFERSON COUNTY, TEXAS. LOT 1 & 2, BREEDEN DUHAMEL, LOT 1 BLK 1 & LOT 2 BLK 2, BERWICK MANOR. TR 84 123, TR 1-A-1-A REPLAT TR 1-A-1 REPLAT OF TR 91 AB 123, TR 94 123, TR 96 TR 97 123,TR 99 REPLAT TR 1 123, TR 100 REPLAT TR 2, TR 101 REPLAT TR 3-A & 3-B 123, TR 102 Replat TR 4 123TR A REPLAT OF TR 105 123,TR 107-A & 107-B THRU TR 117 123, D.GAHAGEN, 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. Z24-09 CITY OF PORT ARTHUR PLANNING & ZONING COMMISSION WHEREAS, in accordance with Appendix A, Section 6.03 (A) of the City of Port Arthur Zoning Ordinance, the Planning & Zoning Commission may on its own motion or on request from the City Council institute a study and proposal for changes and amendments in the public interest and 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 February 11, 2025, 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 P.O.NO.7319 02/14/2025-ARM PAGE 2 OF 10 with Appendix A, Sections 3.03 and 2.03 (C) Medium Density Residential District 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 9, 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 February 11, 2025. 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 (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.7319 02/14/2025-ARM PAGE 3 OF 10 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,TEXAS: 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 Commercial General (CG) District to the Medium Density Residential (MDR) District: 179.73-Acre Tracts of Land consisting of LOT 7 thru LOT 10, Lafitte's Landing, Jefferson County, Texas LOT 1 thru LOT 66, Lafitte's Landing Phase 2, Jefferson County, Texas Breeden Duhamel LOT 1 & 2. LOT 1 BLK 1 & LOT 2 BLK 2, Berwick Manor. TR 84 123, TR 1-A-1-A REPLAT TR 1-A-1 REPLAT OF TR 91 AB 123, TR 94 123, TR 96 TR 97 123, TR 99 REPLAT TR 1 123, TR 100 Replat TR 2, TR 101 Replat TR 3-A & 3-B 123, TR 102 Replat TR 4 123 TR A REPLAT OF TR 105 123, TR 107-A & 107-B THRU TR 117 123, D.Gahagen, 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 P.O. NO.7319 02/14/2025-ARM PAGE 4 OF 10 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. 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 February A.D.2025, 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 P.O.NO.7319 02/14/2025-ARM PAGE 5 OF 10 ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: � 7 Roxann Pais Cotroneo, City Attorney APPROVED F MINISTRATION: Rona "Ron" on, CP , Cit pager Pamela D. Langford, Ass tant City Manager-Operations/ Director of Development Services P.O. NO.7319 02/14/2025-ARM PAGE 6 OF 10 EXH IBIT "A" I P.O. NO.7319 02/14/2025-ARM PAGE 7 OF 9 a p. CC r. 16 i N 4i _ U 0 CI. _ N N 11111 „A Ch.A .Y o a a a � .C_� 2.1C 40) I:: ..z.... - "'"1 ''''--- IN < i8 ,! '8 ..; I' :... Viii2 ,,, 7 _ a23II[LIIIIII1 / 11 Iea b4 I I o u J tn cn ,.> W •N zCZ - J a P.O. NO.7319 02/14/2025-ARM PAGE 8 OF 9 City of Port Arthur Development Services - Planning & Zoning Division Re slat Case # Z24-09 ' Kly ,. ,i Iry F 4,1"S \ k 1 :' i t . \\'-'''--'--. 1 \ t. ��, -`'.tif � ?1 rl6ur�.. ' 1 reru, 0 1,000 2,000 4,000 6,000 a smiii Feet P.O. NO.7319 02/14/2025-ARM PAGE 9 OF 9 r) J> ;J C) C) O G) I I