HomeMy WebLinkAbout12.14.09 P&Z-SPECIAL MEETINGCity of Port Arthur
Planning and Zoning
Commission
Special Meeting
December 14, 2009
City of
ort rthu~
Te.rcis
Planning Department
P. O. Box 1089
Port Arthur, Texas 77640
(409) 983-8135
(409 983-8137 fax
paplanning~a,portarthur. net
CITY OF PORT ARTHUR PLANNING
AND COMMUNITY DEVELOPMENT
DEPARTMENT
P.O. Box 1089
Port Arthur, TX 77641-1089
409-983-8135 Fax 409-983-8137
TO: City of Port Arthur Planning Commission Members
FROM: Colleen Russell, Secretary
DATE: December 8, 2009
SUBJECT: December 17, 2009 -Planning/Commission Meeting
The Port Arthur Planning Commission will meet in special session at 5:30 p.m.,
Monday, December 14, 2009, in the City Council Chambers on the fifth floor of the
City Hall. The December 14th agenda contains one application.
Please make every effort to attend so that we may have a quorum. If for some reason
you cannot attend, please call me at 983-8:135.
Enclosure
C: Colleen Russell, Director of Planning
Ronald Burton, Assistant Director oaf Planning
Paul Brown, Senior Planner
John Comeaux, Assistant City Manager -Operations
Lawrence Baker, Director of Inspections & Code Enforcement
Derrick Holland, Senior Engineering Technician
Kelly Eldridge, Utility Operations
Ross Blackketter, Director of Public Works
Paul Washburn, Assistant Fire Marshall
DELORIS "BOBBIE" PRINCE, MAYOR
ELIZABETH "LIZ" SEGLER, MAYOR PRO TEM
COUNCILMEMBERS:
JACK CHATMAN, JR.
MORRIS ALBRIGHT, [lI
MARTIN FLOOD
JOHN BEARD, JR.
ROBERT E WILLIAMSON
D. KAY WISE
THOMAS J. HENDERSON
C! tti U f -~%~~iry
ort rthu~^
Texas
SPECIAL MEETING
CITY OF PORT ARTHUR
PLANNING & ZONING COMMISSION
MONDAY, DECEMBER 14, 2009
CITY HALL - 5T" FLOOR CITY COUNCIL CHAMBERS
5:30 P.M.
AGENDA
STEPHEN FTCLGIBBONS
CITY MANAGER
'I'ERRI HANKS
CITY SECRETARY
VALEC[A TIZENO
ACCTTNG CITY ATTORNEY
NOTICE OF TIME, PLACE AND SUBJECT OF A SPECIAL MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PORT ARTHUR.
NOTICE IS HEREBY GIVEN, PURSUANT TO SECTION 211.007, LOCAL GOVERNMENT CODE, THAT A SPECIAL
MEETING OF THE PLANNING AND ZONING COMMISS'[ON OF THE CITY OF PORT ARTHUR, TEXAS WILL BE
HELD ON TUESDAY, DECEMBER 14, 2009 AT 5:30 P.Mf. AT CITY HALL, COUNCIL CHAMBER, 5T" FLOOR, 444
FOURTH STREET, PORT ARTHUR, TEXAS.
I. ROLL CALL
MOTION REQUIRED
/I. P08-08 -FINAL PLAT APPROVAL REQUESTED FOR -ANGEL TRACE PHASE I, 37.588 ACRES
OF LAND, PART OF THE T. & N.O.R.R. SURVEY N0.275, ABSTRACT N0. 316, CITY OF PORT
ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED NORTH OF 58TH STREET AND
EAST OF STATE HIGHWAY 73)
^/. MINUTES -December 7, 2009
/V. REPORT FROM DIRECTOR
V. FUTURE AGENDA ITEMS
V/. J URNMENT
,~,~, ~.
~-
COLLEEN USSEL ,CRP
DIRECTOR OF PLANNING
DATE AND TIME POSTED: Wednesday December 2 2009 AT 2 P M..
P.O. BOX 1089 0 PORT ARTHUR, TEXAS 77641.1089 D 409/983.8115 D 409-983.8291
INTEROFFICE MEMORANDUM
To: THE PLANNING AND ZONING COMMISSION
FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING
SUBJECT: P08-08 -FINAL PLAT APPROVAL REQUESTED FOR -ANGEL TRACE
PHASE I, 37.588 ACRES OF LAND, PART OF THE T. & N.O.R.R. SURVEY
N0. 275, ABSTRACT N0. 316, CITY OF PORT ARTHUR, JEFFERSON
COUNTY, TEXAS
DATE: 12/09/09
BACKGROUND:
The Planning and Zoning Commission is being asked to consider acceptance of a
final plat for Phase I of the Angel Trace Subdivision located north of 58th Street and
west of Ray Avenue near the Palomar area of Port Arthur. There were two changes
made to the preliminary plat that consisted of Lots 32, 33, 34, 71, 72 & 73 being
combined to make Lot 32A (this area includes a swimming pool and club house) and
Lot 25 being omitted to allow the City ingress/egress to the pond. This final plat
meets the requirements of the City's Subdivision Ordinance.
The City's Engineering department has agreed to access the site to ensure that all
requirements are being met.
Applicant/agent - Soutex Surveyors, Inc.
Owner -Bill Fisher (Odyssey Residential Acquisitions 11, LLC)
RECOMMENDATION:
The planning staff has no objections to the approval of this final plat.
BUDGETARY/FISCAL EFFECT:
None
STAFFING/EMPLOYEE EFFECT:
None
SUMMARY:
The final plat should be approved contingent upon stipulations outlined by the City
of Port Arthur's Engineering Department.
1
P08-08
(ANGEL TRACE -PHASE I)
FINAL PLAT APPROVAL
Property located north of 58t" Street and west of G
RavAvenue near the Palomar area (Port Acresl 1 Entrance to Subdivision
37.588 Acres of Land, Part of the T. & N.O.R.R. Survey No. 275, Abstract No. 316 ~
MINUTES
CITY OF PORT ARTHUR
PLANNING AND ZONING COMMISSION
MONDAY, DECEMBER 7, 2009 5:30 P.M.
PUBLIC HEARING
CITY HALL - 5T" FLOOR CONFERENCE ROOM
ITEMS REQUIRING ACTION
1. ROLL CALL -Chairman, Richard Cox convened the meeting at 5:35 p.m.
Commissioners present: Alma LeBlanc, Richard Cox, Inell Moore and Fernando Ramirez (Quorum
Present).
Staff present: Ronald Burton, assistant planning director and Paul Brown, senior planner
PUBLIC HEARING
lI. R09-44 -REPEAT APPROVAL REQUEST FOR -TRACTS 22-A. 0.2478 ACRE OF LAND. REPEAT OF LOTS
22 & 23 MARINA COLONY SECTION 1 PLEASURE ISLAND CITY OF PORT ARTHUR JEFFERSON
COUNTY. TEXAS (PROPERTY LOCATED SOUTH OF T.B. ELLISON PARKWAY AT 831 & 837
NORTHWINDI
SPEAKING FOR: Kenneth Wiemers (Soutex Surveyor's, Inc.), 3737 Doctors Drive, Port Arthur, TX 77642
SPEAKING AGAINST: NONE
Mr. Burton informed the commissioners that twenty-five (25) notices were mailed out in relation to the
above case; none were returned.
Mr. Wiemers informed the commissioners that the property owners would like to take their two lots and
combine them into one for the purpose of building across the lot lines.
Mr. Ramirez asked will the construction of they new dwelling comply with the particular specifications of
the Island. Mr. Wiemers stated that the homeowners have not submitted their building plans to his office,
but plans would have to be in accordance with flood elevation, as well as any restrictions that the Marina
Colony Homeowners Association may have.
Ms. Moore moved to close the public hearing,; Ms. LeBlanc seconded the motion.
Vote: All Yeas -public hearing closed.
[II. R09 45 REPEAT APPROVAL REQUESTED FOR -TRACTS 5-A-1 5-A-2 AND 5-A-3 0 4831 ACRE OF
LAND. REPEAT OF ALL OF TRACT 5-A. BLOCK 10 ROSEMONT ADDITION. CITY OF PORT ARTHUR.
JEFFERSON COUNTY TEXAS (PROPERTY LOCATED SOUTH OF 42ND STREET AND EAST OF 6T"
AVENUEI
SPEAKING FOR: Kenneth Wiemers (Soutex Surveyor's, Inc.), 3737 Doctors Drive, Port Arthur, TX 77642
SPEAKING AGAINST: NONE
Mr. Burton informed the commissioners that twenty-four (24) notices were mailed out in relation to the
above case; none were returned.
Mr. Wiemers informed the commissioners that this land had been previously replatted for the
construction of asingle-dwelling and property owner would like to change it back to the original three
(3) single lots.
F'~c~e ~ 1
Mr. Ramirez asked would this be for the purpose of single-family dwellings or duplex housing. Mr.
Wiemers stated that he was "not sure", however the property is being split into three (3) separate tracts
which will make it very difficult to put duplexes on these lots. He believes it will be for single-family
dwellings.
Mr. Ramirez moved to close the public hearing; Ms. Moore seconded the motion.
Vote: All Yeas -public hearing closed.
IV. R09-46 -REPEAT APPROVAL REQUESTED FOR -TRACT 1-A 2 0665 ACRE OF LAND REPEAT OF LOTS
1 THROUGH 12. BLOCK 11. RANGE 2. SABINE PASS. CITY OF PORT ARTHUR. JEFFERSON COUNTY. TEXAS
(PROPERTY LOCATED SOUTH OF 10TH AVENUE AND WEST OF MECHANIC STREETI
SPEAKING FOR: Jack Meaut (Neches Engineering), 8865 College Street, Suite 200 ,Beaumont, TX 77707
SPEAKING AGAINST: NONE
Mr. Burton informed the commissioners that nine (9) notices were mailed out in relation to the above
case; none were returned. Calls were received regarding the intension of the applicant for the replat.
Mr. Meaut informed the commissioners that the purpose of this replat is for the Sabine Pass Independent
School District to construct amulti-purpose facility for their use.
Ms. Moore moved to close the public hearing; Ms. LeBlanc seconded the motion.
Vote: All Yeas -public hearing closed.
V. R09-44 R09-45 & R09-46 -REPEAT APPROVAL REQi~F.STED -MOTION REQUIRED
Mr. Burton made a recommendation for approval of replat requests R09-44, R09-45 & R09-46.
Fernando Ramirez moved to accept the Planning Department's recommendation to approve all
three replat requests; /nell Moore seconded the motion.
Vote: All Yeas -Motion passed.
VI. MINUTES -NOVEMBER 16, 2009
Fernando Ramirez moved to approve the mimztes as presented; Alma LeBlanc seconded the motion.
Vote: All Yeas -motion passed.
VII. REPORT FROM DIRECTOR
Mr. Burton informed the commissioners that there will be one (1) simple replat cases that will be on the
December 215Y agenda.
VIII. FUTURE AGENDA ITEMS
Mr. Burton informed the commissioners that a representative from Angel Trace has approached the
Planning Department prior to this meeting to re-introduce the final plat to the P&Z Commission for
approval, contingent upon certain stipulations that must be outlined by the City's Engineering
Department
A representative from the Engineering Department will go out with a representative from Angel Trace to
ensure that all requirements are being met.
Page ~ 2
Mr. Ramirez asked, if a meeting is regularly scheduled for December 21St, why is it "prudent" to hold a
special meeting for Monday, December 14, 2009.
Mr. Burton stated, there are other statutory commitments with the state of Texas were certain amounts
of data. must be submitted prior to the 31St of December, 2009.
Approval of final plat must be submitted to City Council for December 15tH agenda.
Mr. Ramirez asked if the regularly scheduled mE~eting can be moved up to December 14tH.
Mr. Burton informed the commissioners that he will research this matter.
IX. ADJOURNMENT
Ms. Moore moved to adjourn the meeting. Mr. Ramirez seconded the motion, which passed unanimously.
Richard Cox
Chairman
Minutes Approved:
Colleen Russell
;secretary to the Commission
Page ~ 3
Chicory Court-Brittany Pace 1i LP
5420 LBJ Freeway, Suite 1235
Two Lincoln Centre
Dallas, TX 75240
~` November 18, 2009
City of Port Arthur
444 4th Street
Port Arthur, Texas 77640
Attn: Mr. Ross Blackketter, P.E.
Re: Angel Trace Phase i Subdivision
Gentlemen:
I, Dewey Stevens, am the Vice-President of Chicory Court-Brittany Place II LP. We are the
owners of the Angel Trace Phase I Subdivision. We request that the improvements constructed
within the subject subdivision be accepted into the system of the City and that the City take
ownership of these improvements. We understand that the maintenance of these facilities will
not be with the City until one-year has passed based on the date of the City acceptance. Other
information such as Contractors Guarantee, Contractors Release, Engineers Certification, etc.
has been sent to you,under separate cover.
/._1\
Vice-
P.R. 15666
12/09/09 reb
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF THE ENGINEER'S .
CERTIFICATE OF COMPLETION, CONTRAC'TOR'S CERTIFICATE
AND RELEASE, AND CONTRACTOR'S CERTIFICATE ~- OF
GUARANTEE FROM ODYSSEY RESIDENTIAL CONSTRUCTION IIi,
LP FOR ANGEL TRACE PHASE I SUBDIVISION INFRASTRUCTURE
IMPROVEMENTS AND AUTHORIZING THE .CITY MANAGER TO
SIGN THE CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE
• CITY OF PORT ARTHUR, TEXAS.
WHEREAS, the City has received for Angel Trace Phase I Subdivision .
• Infrastructure Improvements, an Engineer's Certificate of Completion, dated November
13, 2009, from Stanley G. Newsome, 3r., P.E. (attached as Exhibit "A'~, a Contractor's
Certificate and Release, dated November 19, 2009, from Odyssey ,Residential
Construction III, LP (attached as Exhibit "B'~, and a Contractor's Certificate of
Guarantee, dated November 19, 2009; from Odyssey Residential Construction III, LP
(attached as Exhibit "C'~, certifying that the public infrastructure improvements have
been completed; and,
WHEREAS, there are some minor issues with the roadway construction; and,
WHEREAS, representatives from the Public Works Department and Utility
Operations Department have inspected the otherwise completed roadway, drainage,
water, and sewer improvements; now,. therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT, the facts and opinions in the preamble are. true and correct; and,
± P.R. 15666
Page 2
THAT, the City Manager is hereby authorized to execute, on behalf of the City of
Port Arthur, a Certificate of Acceptance to Chicory Court-Brittany Place II LP for the
public infrastructure improvements associated with Angel Trace Phase i Subdivision,
attached and made a part hereof as Exhibit "D'; and,
THAT, this acceptance is contingent upon the completion of the roadway repairs
to the satisfaction of the Director of Public Works; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED this the day of A.D. 2009
at a meeting of the City of Port Arthur, Texas_ by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Mayor
Attest:
City Secretary
APPROVED AS
City Attot
~ ~C'c1
APPROVED FOR ADMINISTRATION:
Stephen B. Fitzgibbons
City Manager
FORM:
Ross E. Blackketter, P.E.
Director of Public Works
Z: ~engineer\DpcumerrtS~Resol~ons~PR15666.doc
~,
- , -
EXHIBIT A -
Stanley G. Newsome, Jr., P.E.
Consulting Engineer
Qmewsome cr,gt.rr.com
November I3, 2009
City of Port Arthur
P.O. Box i 089
Port Arthur, Texas 77641-1089
Attn: Mr. Ross Blackketter; P.E.
3737 Doctors Drive
Port Arthur, Texas 77642
Phone: 409-983-2004, ce11 409-7 1 8-06 1 2
Fax: 409-983-2005
Re: Subdivision Improvements Angel Trace Phase I
ENGINEERS CERTIFICATE
Gentlemen:
I, Stanley~G. Newsome, ~Jr., P.E., hereby certify that the water, sewer, drainage
and paving constructed within the above referenced subdivision was installed in general
conformance with the approved plans and specifications, save and except the streetlights
and the sidewalks. The streetlights will be installed by Entergy at a cost of $51,425.62 to
be paid to Entergy by Odyssey Residential Construction III, LP and the sidewalks will be
installed as the housing units are constructed. A certificate of occupancy shall not be
issued for each individual lot unless the sidewalk is installed and acceptable to the City
Inspection Dept.
A complete set of testing reports will be sent under separate cover. Should you
have any questions, please call.
Respectfully submitted,
.rw
S ey a some, 3r., P. .
Pro3ect Engineer
c.
Tri State Mechanical
Mr. Dewey Stevens
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EXHIBIT B
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: ODYSSEY RESIDENTIAL CONSTRUCTION III, LP
5420 LBJ FREEWAY, SUITE 1235 .
DALLAS, TEXAS 75240
(Name of Contractor)
TO: The Ciiy of. Port Arthur
(Local Public Agent)
REFERENCE CONTRACT NO. NA ENTERED INTO THE
DAY OF ,BETWEEN THE
CITY OF PORT ARTHUR HOUSING AUTHORITY
AND Odyssey Residential Construction. Ili, LP
(Name of Company}
Dallas Texas
(CITY) (STATE}
FOR THE Construction of ANGEL TRACE PHASE I SUBDIVISION.
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
1. The undersigned hereby certifies that there is due from and payable by the Locaf
Public Agency to the Con#ractor under the contract and duly approved Change
Orders and modifications the balance of ZERO
2. The undersigned further certifies that in addition to the amount set forth in
paragrapfi 1, there are outstanding and unsettled the following items which he
claims are just and due and. owing by the City to the Contractor;
(a?NONE
(b)
` Page 1 of 3
(c)
(d)
(Itemize claims and amounts due) (if none, so state)
3. The undersigned further certifies that~all work required under this contract including
work required under change orders numbered NA has been performed in
accordance with the terms thereof, and that there are no unpaid claims for
materials, supplies or equipment and no claims of laborers or mechanics for unpaid
wages arising out.of the perfomnance of this contract, and that the wage rates paid
by the Contractor and all Subcontractors were in conformity with the contract
provisions relating to said wage rates.
4. Except for the amounts stated under paragraphs 1 and 2 hereof, the undersigned
has received from the City of Port Arthur all sums of money payable to the
undersigned under or pursuant to the above mentioned contract or any modification
or change thereof.
5. That in consideration of the payment of the amount stated in paragraph 1 hereof
the undersigned does hereby release the City of Port Arthur from any and a![ c{aims
arising under or by virtue of this contract, except the amount listed in paragraph 2
hereof; provided, however, that if for any reason Odyssey Residential
Construction iii, LP does not pay.in full the amount stated in paragraph 1 hereof,
said deduction shall not affect the validity of this release, but the amount so
deducted shall be automatically included under paragraph 2 as an amount which
the. Contractor has not released but will release upon payment thereof. The
Contractorfurthereertifies that upon the payment of the amount listed in paragraph
2 hereof, and of any amount which may be deducted from paragraph 1 hereof, he
will release the City of Port Arthur from any and all claims of any nature whatsoever
arising out of said contract or modifcation thereof, and wilt execute such further
releases or assurances as the City of Port Arthur may request.
IN WITNESS WHEREOF, the undersigned has signed and sealed this
instrument this 19 day of November , 2009.
Odyssey Residential Construction III, LP (SEAL}
(Contractor}
we Stevens Sr. Vice President
ure and Title of Officer} ~~/--~
Page 2 of 3
being first duly sworn on oath, deposes and says,
{Affiant}
first that he is the SR ' ~ Vice President of the
(Title)
ODYSSEY RESIDENTIAL CONSTRUCTION 111, LP
. (Name of Company)
second, that he has read the foregoing certificate by him subscribed as
Sr. Vice President of the
{Title)
ODYSSEY RESIDENTIAL CONSTRUCTION III LP
(Name of Company)
Affiant further states that the matters and things stated herein are true.
(Affiant)
Subscribed and sworn to before me this ~ 9 day of o ~~
2009. /
My commission expires ~~o~~~~~--
(Date)
~~ vim'
~~~`.~.~-; MAAISAVASDUQ
~:~Y- MY COMMESSION EXPIRES
S;'l, r FA~tll~'~'~Z
f;,fS
(Notary)
Page 3 of 3
,.
a
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: ODYSSEY RESIDENTIAL CONSTRUCTION 111, LP , 5420 LBJ Freeway,
Suite 1235, Dallas, Texas 75240 .
(Name of Contractor)
TO: City of Port Arthur ___
(Local Public Agent)
REFERENCE CONTRACT NO. N/A ENTERED INTO THE
DAY OF ,BETWEEN THE
CITY OF PORT ARTHUR HOUSING AUTHORITY
AND ODYSSEY RESIDENTION CONSTRUCTION III, LP
OF _DALLAS. TEXAS
(CITY} (STATE)
FOR THE Construction of ANGEL TRACE PHASE I~SUBDIVISION
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
1. • ODYSSEY RESIDENTIAL CONSTRUCTION III, LP does hereby guarantee all of
the work done as noted above to be free from faulty materials in every particular,
and free from improper workmanship,, and against injury from proper and usual
wear; and. agrees to replace or re-execu#e without cost to the Owner such work as
may be found to be improper or imperfect, and to make good all damage caused to
other work ar materials, due to such required replacement or re-execution.
2. This guarantee shall cover a period of one (1 }year from the date of acceptance of
all work under this Contract, as evidenced by the ACCEPTANCE OF THE
IMPROVEMENTS BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR.
3. This Certificate is given in connection of the fnal payment under the contract
between the City of Port Arthur and NA ~ and
with the knowledge that it will be relied upon in making such payment and that such
payment would not be made except upon the truth of the matter contained in this
affidavit. -
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument
#his 19 day of November , 20 09
Page 1 of 2
Dewey Stevens (SEAL}
~~ (Sr. Vice President)
~~.
nature and Title of Officer)
being first duly sworn on oath, deposes and says,
(Affiant}
first, that he is the Sr. Vice President of the
(Title}
ODYSSEY RESIDENTIAL CONSTRUCTION III, LP
(Name of Company)
second, that he has read the foregoing certificate by him subscribed as
~.V President of the
{Title)
Lp
{Name of Com
Affiant further states that the matters and things stated herein are true.
(Affian#) Subscribed and sworn to before me this ~~, day of t
2009
My commission expires ~~4~~~~~~--
{Date)
,Ip.1N
l~1~ '%by% M~~ VA~Q
(Notary)
~'t. Y. MY COMMISSION EXPIRES
'~' ,~ ~ ~ FebNery $2012
Page 2 of 2
EXHIBIT D
CERTIFICATE OF ACCEPTANCE
FOR
Completion of S#reets, Drainage, Water, Sewer, and Other Public
Infras#ructure Improvements for Angel Yrace Phase I Subdivision
IN THE
CITY OF PORT ARTHUR
T4: Chicory Court-Brittany Place II LP
This is to certify that the City of Port Arthur, Texas, accepts the completion of the
streets, drainage system, water lines, sanitary sewer fines, and other public
infrastructure for Angel Trace Phase I Subdivision, on the basis of the Engineer's
Certificate of Completion as executed by Stanley G. Newsome, Jr., P.E.; and the
Contractor's Certificate of Guarantee and Contractor`s Certificate and Release, both as
executed by Dewey Stevens of Odyssey Residential Construction III, LP
Stephen B. Fitrgibbons
City Manager _
Attest:
City Secretary