HomeMy WebLinkAbout02.01.10 P&Z PUBLIC HEARINGCity of Port Arthur
Planning and Zoning
Commission
Public ~~earing
February 1, 2 010
Planning Department
P. O. Box 1089
Port Arthur, Texas 77640
(409) 983-8135
(409) 983-8137 fax
paplanning~n,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
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TO: City of Port Arthur Planning Commission Members
FROM: Colleen Russell, Secretary
DATE: January 25, 2010
SUBJECT': February 1, '2010 -Planning/Commission Meeting
The Port Arthur Planning Commission will meet in public hearing at 5:30 p.m.,
Monday, February 1, 2010, in the City Council Chambers on the fifth floor of the City
Hall. The February 2nd agenda contains ~~ items.
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].35.
Enclosure
C: Colleen Russell, Director of Plannin€;
Ronald Burton, Assistant Director of Planning
Paul Brown, Senior Planner
John Comeaux, Assistant City Manager -Operations
Lawrence Baker, Director of Inspections & Code Enforcement
Derrick Holland, Senior Engineerin€; 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: (~IrV Qf Cfry~
JACK CHATMAN, J R.
MORRIS ALBRIGHT, III
MARTIN FLOOD
ort r~thur
JOHN BEARD, JR.
ROBERT E. WILLIAMSON Texas
D. KAY WISE
THOMAS J. 1-IENDI;RSON
NOTICE OF PUBLIC HEARING
CITY OF POF~T ARTHUR
PLANNING & ZONING COMMISSION
MONDAY, FEBRUARY 1, 2010
CITY HALL - 5T" FLOOR CITY COUNCIL CHAMBERS
5:30 P.M.
AGENDA
STEPHEN FITZGIBBONS
CITY MANAGER
TERRI HANKS
CITY SECRETARY
VALECIA TIZENO
ACCTING CITY ATTORNEY
NOTICE OF TID/IE, PLACE AND SUBJECT OF A REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PORT ARTHUR.
NOTICE IS HEREBY GIVEN, PURSUANT TO SECTION ;?12, LOCAL GOVERNMENT CODE, THAT A REGULAR
MEETING OF 'fHE PLANNING AND ZONING COMMISSION OF THE CITY OF PORT ARTHUR, TEXAS WILL BE
HELD ON MONDAY, FEBRUARY 1, i!010 AT 5:30 P.M. AT CITY HALL, COUNCIL CHAMBER, 5T" FLOOR, 444
FOURTH STREET, PORT ARTHUR, TEXAS.
ROLL CALL
PUBLIC HEARING
1I. R10-01 -REPEAT APPROVAL REQUESTED FOR -TRACT 7-A, 1.033 ACRE OF LAND, REPEAT
OF ALL OF LOTS 7, 8 AND 9, BLOCK 8, RANGE 5, SABINE PASS AND PART OF THE JOHN
MCGAFFEY LEAGUE, ABSTRACT N0. 167, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS
(PROPERTY LOCATED SOUTH OF SOUTH GULFWAY DRIVE (A.K.A. HIGHWAY 87) AND
BROADWAY STREET)
III. Z10-01 -ZONING DISTRICT CHANGE REQUESTED FOR -TRACT 1, 7.66 ACRE TRACT OUT OF
LOTS 3 & 6, BLOCK 8, RANGE ), PORT ARTHUR LAND COMPANY SUBDIVISION (LOCATED
NORTH OF STATE HIGHWAY 73 AND 1NEST OF HIGHWAY 69) PROPOSED CHANGE FROM
AGRICULTURAL (A) TO LIGHT COMMIiRCIAL (LC), CITY OF PORT ARTHUR, JEFFERSON
COUNTY, TEXAS
/V. AMENDMENT TO THF. ZONING ORDINANCE OF THE CITY OF PORT ARTHUR - TO ALLOW
THE USAGE OF THE WORD "LODGE" AS NON-FATERNAL UNDER THE DEFINITIONS AND
SCHEDULE OF USES.
REGULAR MEETING
V. R10-O1 -REPEAT APPROVAL REQUESTED -MOTION REQUIRED
VI. Z,10-01 -ZONING DISTRICT CHANGE REiQUESTED -MOTION REQUIRED
VII. AMENDMENT TO ZONING ORDIANCE OF THE CITY OF PORT ARTHUR -MOTION REQUIRED
P.O. BOX t089 p PORT ARTHUR, TEXAS 77641-1089 0 409/983-8115 0 409.983.8291
Page 2 of 2
VIII. MINUTES -December 21, 2009
IX. REPORT FROM DIRECTOR
X. FUTURE ACtiENDA ITEMS
~d(I. ADJ¢U N1y~ENT
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~C`OCt1JEN RUS.,E L, P
DIRECTOR OF PLANN NG
DATE AND TIME POSTED: Wednesday. January 27 2010. AT 12 NOUN
INTEROFFICE MEMORANDUM
To: THE PLANNING AND ZONING COMMISSION
FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING
suBIECT: R10-01-REPEAT APPROVAL REQUESTED FOR -TRACT 7-A, 1.033
ACRE OF LAND, REPEAT OF ALL OF LOTS 7, 8 & 9, BLOCK 8, RANGE 5,
SABINE PASS AND PART OF TH[E JOHN MCGAFFEY LEAGUE, ABSTRACT
N0. 167, CITY OF PORT ARTHUP;, JEFFERSON COUNTY, TEXAS
HATE: 1/19/2010
BACKGROUND:
The Planning and Zoning Commission is bE~ing asked to consider a replat request for
all of Lots 7, 8 & 9, Block 8, Range 5, to produce one tract to become Tract 7-A, Block
8, Range 5, Sabine Pass, and part of the ]john McGaffey League, Abstract No. 167,
City of Port Arthur, Jefferson County, Texas. The acreage is 1.033 and the property
is located at South Gulfway Drive (A.K.A. Highway 87) and Broadway Street. The
zoning is "LC"for Light Commercial. The property will be used for the development
of a Community Center being provided by ExxonMobil for the citizens of Sabine Pass
(City of Port Arthur). Notices were sent out in compliance with the Texas Local
Government Code Section 212 as well as the publication was done 15 days prior the
public hearing.
Applicant/agent - Soutex Surveyors, Inc.
Owner - City of Port Arthur
RECOMMENDATION:
The planning staff has no objections to the approval of this replat. Plat meets all the
city's requirements.
BUDGETARY/FISCAL EFFECT:
None
STAFFING/EMPLOYEE EFFECT:
None
SUMMARY:
Planning; staff recommends approval of thus replat.
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R10-01
(PROPERTY LOCATED AT SOUTH GULFWAY DRIVE (A.K.A. HIGHWAY 87) AND BROADWAY STREET)
SABINE PASS, JEFFERSON COUNTY, TEXAS
INTEROFFICE MEMORANDUM
TO: THE PLANNING AND ZONING COMMISSION
FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING
SUBJECT': Z10-01 -ZONING DISTRICT CHANGE REQUEST -TRACT 1, 7.66
ACRE TRACT OUT OF LOTS 3 & 6, BLOCK 8, RANGE J, PORT ARTHUR
LAND COMPANY SUBDIVISION (LOCATED NORTH OF STATE
HIGHWAY 73 AND WEST OF HIGHWAY 69) PROPOSED CHANGE
FROM AGRI(:ULTURAL (A) TO LIGHT COMMERCIAL (LC), CITY OF
PORT ARTHUR, JEFFERSON COiJNTY, TEXAS
DATE: 01/22/10
BACKGROUND:
The Planning and Zoning Commission is requested to consider a zoning change from
Agricultural (A) to Light Commercial (LC) for an area of 7.66 acres located west of
U.S. Highway 69 and north of Texas 73 in Port Arthur. This request is consistent
with the zoning for neighboring properties with frontage on iJ.S. 69. Commercial
development is inevitable in this area. In t:he future, the owner plans to market this
area for "Big Box" pad-site retail development further back on the property. Stand
alone ui-scale retail, hotel or restaurant: development will also be considered.
Initially, however, billboards may be considered because more intensive
commercial development will require road and highway access that currently does
not exist for this area.
At this time, the acreage in question is not: adjacent to water or sewer service lines.
At the time this report was prepared, ~Ne had not received confirmation from
Entergy about the availability of electric service to the area. In the summer of 2006,
the P&Z Commission recommended denial for a similar rezoning case - Z06-08 -
that sou€;ht LC designation for tracts on both sides of U.S. 69. At that time, the City
Council upheld the P&Z recommendation that rezoning was premature due to the
lack of City utilities and vehicular access.
Public Work staff has explained that a 20-inch water line is located along the east bank of
Main "B" Canal that lies about 1.5 miles from the property at its closest point. Water
Utility Director Kelly Eldridge said that the 2.0-inch line is one of the largest service lines
in the city and that several service valves for water hydrants are located along the line
1
nearest to the property in question. In addition, Mr. Eldridge said that sewer service is not
available anywhere near this property. Undoubtedly, the owner or developer of property
in this area will be responsible for extending water and sewer service, installing adequate
drainage facilities, and negotiating with the "Texas Department of Transportation for the
construction of vehicular access from U.S. 69 and Texas 73. Currently, dedicated
easements exist for the extension of 53rd and 60t" streets parallel to Texas 73 and for
Marshall Avenue parallel t:o U.S. 69. Wetland issues have previously complicated
considerations for extending these roadways.
Public hearing notices were mailed out to three (3) individuals who own property
within 200 feet of the tract in question.
Applicant/Owner(s) - Doornbos Brothers, L.P,
RECOMMENDATION:
The Planning staff has no objections to the approval of this rezoning request, but it
is recommended that the owner/developer be made aware that he/she will be
responsible for the costs of extending all utility services to the site as well as for the
cost for drainage and vehicular access.
BUDGETARY/FISCAL EFFECT: None
STAFFING/EMPLOYEE EFFECT: None
SUMMARY:
The Planning Staff recommend approval of this zoning change request with the
conditions outlined above.
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INTEROFFICE MEMORANDUM
To: THE PLANNING &. ZONING COMMISSION
FROM: COLLEEN W. RUSSELL, DIRECTOR OF PLANNING
suslECT: AMENDMENT OF THE ZONING ORDINANCE TO ALLOW THE USAGE OF
THE WORD LODGE AS NON-FATERNAL UNDER THE DEFINITIONS AND
SCHEDULE OF USES
DATE: 01/25/08
BACKGROUND:
The Planning & Zoning Commission is being asked to consider a request to allow for
a Zoning Ordinance amendment of Sections 7 and 26 of the Code of Ordinance that
will influence multi-family and neighborhood services accessory uses and allow for
this use by right in all other commercial districts.
The Port Arthur Zoning Ordinance -Section 7 is required to be amended to add the
term. "Lodge" (non fraternal) to the schedule of uses. Section 22 is required to be
amended. along with the definitions in Section 26 which will define the criteria for
lodge as (non-fraternal) and the Schedule of Uses attached will also be updated.
These amendments will allow for zoning cases to be heard in compliance with the
changes.
Section 26-100 Definitions is amended to include (57.1)
Lodge (not fraternal) -Place of business-by reservation or invitation
only for refreshments and to be refreshed; temporary or seasonal place to
stay and may be considered an inn; typically accommodating guest for
special events, celebrations, charitable or other meetings and group
functions, in addition to corporate receptions. If the lodge is not for
shelter and rooming, the ordinance associated shall state the uses.
Notices were sent out in compliance with the Texas Local Government Code Section
211 as well as the publication was done more than 15 days prior to the public hearing.
RECOMMENDATION:
The planning staff has no objections to this request.
1
BUDGETARY/FISCAL EFFECT:
None
STAFFING/EMPLOYEE EFFECT:
None
SUMMARY:
This ordinance will allow for the passage of Ordinance 10-03 to be in accordance
with the Code of Ordinances.
2
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.'DATA
. ~Qr~,_1.~~ col p
P.O. N0.6050
12/17/09 - CWR
ORDINANCE NO. ~~ -~.3
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF PORT ARTHUR BY CREATING PLANNED
DEVELOPMENT DISTRICT-26 (PD-26), ALLOWING FOR A
NEIGHBORHOOD SERVICES DESIGNATION ON TRACT 2A ,
3.400 (CALLED 3.397) ACRES OF LAND PART OF LOTS 2, 3,
5, 6, & ALL OF LOT 4, WHITTINGTON PLACE NO. 2
ADDITION & JOSEPH GRIGSBY LEAGUE, ABSTRACT NO. 27,
PORT ARTHUR, JEFFERSON COUNTY, TEXAS (LOCATED AT
4400 ATLANTIC ROAD). (VIOLATION OF THIS ORDINANCE
OR THE ZONING ORDINANCE OF THE CITY OF PORT
ARTHUR IS PUNISHABLE AS PROVIDED IN SECTION 1-13
OF THE CODE OF ORDINANCES AS AMENDED BY FINE NOT
EXCEEDING TWO-THOUSAND [$2,000.00] DOLLARS); AND
PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER OF THE CITY OF PORT ARTHUR AND
EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE.
Z09-03 (PD-NS # 26)
PLANNED DEVELOPMENT WITH NEIGHBORHOOD SERVICE USES FOR A LODGE
WHEREAS, All of the requirements of Article XI of the Chapter and the Zoning
Ordinance, of~ the City of Port Arthur, 'T'exas, including the Local Government Code, Sections
211.006 and 211.007, having been fulfilled, the City Council held a public hearing on
January 5, 2010 at 9:00 a.m.; and
WHEREAS, having received and considered the recommendation of the Planning &
Zoning Commission that the proposed change be approved, the City Council finds that it
would he irr the public interest and general welfare of the City to change to Zoning
designation of the hereinafter of Tract 2A, out: of the Whittington Place No. 2 Addition as
well as the Joseph Grigsby League, A-27. The acreage is approximately 3.400 acres and the
P.O. N0.6050
12/17/09 - CW'R
property is located (north of 39th Street and. east of Highway 366 (Atlantic Road), Port
Arthur, Jefferson County, Texas„ and
WHEREAS, the proposed change teas not been protested in accordance with subsection
(d) of said Section 211.006 and is in compliance with Sections 211.010-211; and
WHEREAS, pursuant to subsections (d) and (f) of Section 211.006 Local Government
Code, Section 24-105 of the City Zoning Ordinance, does not apply for the proposed change to
take effect, the affirmative vote of less than three fourths of all members of the City Council
(i.e., at least seven [7J members) is not necessary).
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
SECTION 1. That the zoning designation of the following tract of land in the City of Port
Arthur, Jefferson County, Texas be and the same is changed from the Single-Family District to
Planned Development 26 (PD-26) District, which will allow a Neighborhood Services
designation in that particular district:
Tract 2A , 3.400 (Called 3.397) Acres of land Part of Lots 2,3,5, 6, & All of Lot 4,
Whittington Place No. 2 Addition,
and Joseph Grigsby League, Abstract No. 27
Port Arthur, Jefferson County, Texas
Located at 4400 Atlantic Road, lies on the Eastern
Sector of Atlantic Road and North of 39~h Street,
Port Arthur, Jefferson County, Texas
EXHIBIT "A"
SECTION 2. Planned Development 26 (PD-26) District shall be created subject to the
following conditions related to the operation of a lodge:
P.O. N0.6050
12/17/09 - CW'R
• The owner shall hold events in line with a lodge to serve guests by
invitation or reservation only. All relevant impact of the proposed
use has bee-1 considered to include luncheons, dinners, special
events, meetings, parties and receptions.
• All City Codes and Ordinances in accordance with Texas
Department of Health Standards, International Fire Code and the
International Building Codes shall be met prior to the CO
(certificate of occupancy) issued
• Relative to the parking spaces no more than 106 persons be
allowed in the dining facility or for events (with the exception of
the staff) as per occupancy
• The hours of operation be between -Saturday to Sunday with
luncheons 11a.m. to 2 p.m. and dinners 6 p.m.- 10 p.m. due to
surrounding setting
• The screening (seven- foot wooden- fence with neighboring trees
and bamboo plantings) will stay intact as a noise and light
reduction mechanism. In addition to compliance with the noise
ordinance the facility shall use the first floor of the residence for
office space, additional restrooms and create a commercial kitchen
operation.
• Off-street parking shall be provided and the properties appearance
shall not be in conFlict with the existing residences or surrounding
neighborhood (landscaping shall be up-kept; sign shall be distinctive
although in an inconspicuous position, on outside wall.
• The property and will not generate excessive traffic considering the
limitations of occupants and parking spaces available.
SECTION 3. That the Building Official and the Director of Planning are authorized
and directed to make all necessary changes to the "Zoning Map, City of Port Arthur,
Texas" on file in the offices of the Building Official and the Planning and Zoning
Commission, so as to reflect on said Map, the changes hereby made in conformity
with the legend of said Map.
P.O. N0.6050
12/17/09 - CWR
SECTION 4 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
indE~pendent provision and such holding shall not affect the validity of the remaining
portions hereof.
SECTION 5. All ordinances and parts of ordinances in conflict herewith are
herE~by repealed, but only to the extent of such conflict.
SECTION 6. Any person, firm or corporation who violates any provision of this
Ordinance or the City's Zoning Ordinance shall be guilty of a misdemeanor and
shall be punished by a fine not exceeding Two Thousand ($2,000.00) Dollars as
provided in General Provision -Section 1-8 of the Code of Ordinances, and each day
such violation shall be permitted to exist shall constitute a separate offense.
SECTION 7. This Ordinance or its caption and penalty shall be published at least
one (1) time within ten days after final passage hereof in the official newspaper of
the Gity of Port Arthur. This Ordinance shall take effect immediately after the date
of such. publication.
SECTION 8. Because Section 24-105 of the Zoning Ordinance does not apply,
seven (7) votes are not required to adopt this ordinance.
READ, ADOPTED AND APPROVED this /~~day of January A.D., 2010 at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes:
.n
AYES: MAYOR _ _ %" ~
P.O. N0.6050
12/17/09 - CW'R
NOES:
ATTEST:
r
CITY SECRETARY
APPROVED AS TO FORM:
~ f ~, ,
'~
ACTING CITY TORNEY
APPROVED FOR ADMIN
TION:
MAYOR
~v
M-. 1
7-100 PORT ARTHUR CODE
7-101. Legend for interpreting schedule of uses.
X Designates use permitted in district indicated.
Designates use prohibited in district indicated.
SUP Indicates use may be approved as specifi c use permit (see section 21).
PRK Indicates minimum off-street parking required a s sh own in section 8-100.
S/COND Indicates special conditions as shown in sectio n 22 -101.
Type Use A SF 2F MF MH NS LC HC 1 OW PRK1 S/COND2
Residential Uses
Single-family residence detached X X X X X X X X 2
Single-family residence attached X X X X X X 2
Medium density housing S S S S S X X 2 9
Garage apartment S X X X X X 2 6
Two-family residence X X X X X X 2
Multiple-family residence X X X X X 2
Fraternity or sorority S S S X X X X X 2
HUD-code manufactured home as fixed
dwelling S S X S S X X
Mobile home/recreational vehicle park S X S X X X 2 23/24
Mobile home subdivision X X X 2
Motel or hotel S X X X 8
Bed and breakfast, private home S S S S S X X X X 2
Bed and breakfast inn S S S X X X X 2
Lodge (non-fraternal) S S S X X X based on setting 23/24
Accessory and Incidental Uses
Accessory building or use, residential X X X X X X X X X -
Accessory building or use, business or
industry X X X X X -
Building material yard and construction
office Temporary permit issued by buildin g offici al - 7
Caretaker's/guard's residence X X X X X X 2
Model home Temporary permit issued by buildin g offici al -
Home occupation (residential) X X X X X X 2 20
Home occupation (professional) X X X X X X 2 19
Off-street parking incidental to main use X X X X X X X X X X -
Radio tower (amateur) X X X X X X X X X X 25
Stable (private) X S S X 19 2
Swimming pool (private) X X X X X X X X X 19
Satellite dish X X; X X X X X X X X - 10
Utility and Service Uses
Electrical substation (high voltage bulk
power) X X X X X X X X X X -
Electrical energy generating plant X S X S 30
Electrical transmission line (high voltage) X X X X X X X X X X -
Fire station X X X X X X X X X X 30
Gas line and regulating station X X X X X X X X X X -
Local utility lines X X X X X X X X X X -
C DA:8
MINUTES
CITY OF PORT ARTHUR
PLANNING AND ZONING COMMISSION
MONDAY, DECEMBER 21, 2009 5:30 P.M.
PUBLIC HEARING
CITY HALL - 5T" FLOOR CONFERENCE ROOM
ITEMS REQUIRING ACTION
ROLL CALL -Chairman, Richard Cox convened the meeting at 5:33 p.m.
Commissioners present: Norris Simon, Fernando Ramirez, Alma LeBlanc and Richard Cox (Quorum
Present).
Staff present: Ronald Burton, assistant planning director and Paul Brown, senior planner
PUBLIC HEARING
lI. R09-4'7 -REPEAT APPROVAL REQUEST FOR -TRACT 19-A 0 1920 ACRE OF LAND REPEAT OF THER
N 5' OF' LOT 19 ALL OF LOT 20 & 21 AND THE S 5' OF LOT 22 BLOCK 2 PEKIN ADDITION CITY OF
PORT ARTHUR IEFFERSON COUNTY TEXA (PROPERTY LOCATED OUTH WE T 11TH THE T AND
EAST OF WELFORD AVENUEI
SPEAKING FOR: Anthony Leger (Soutex Surveyor's, Inc.), 3737 Doctors Drive, Port Arthur, TX 77642
SPEAKING AGAINST: NONE
Mr. Burton informed the commissioners that twenty-seven (27) notices were mailed out in relation to the
above ease; none were returned.
Mr. Ramirez asked what type of development will be completed on this property. Mr. Leger stated that a
single-family dwelling will be constructed as part of the Rita Relief Grant Program.
Mr. Cox: asked if the lot is 50 feet wide. Mr. Leger stated that the lot width will be 60 ft.
Mr. Simon moved to close the public hearing; Mr. Ramirez seconded the motion.
Vote: All Yeas -public hearing closed.
REGULAR MEETING
III. R09-47 -REPEAT APPROVAL REQUESTED -MOTION REQ [RED
M r. Burton made a recommendation for approval of replat request R09-47.
Norris .Simon moved to accept the Planning Department's recommendation to approve R09-47
replat request; Alma LeBlanc seconded the motion.
Vote: All Yeas -Motion passed.
IV. MINUTES (Special Meeting) -December 14, 2009
Fernando Ramirez moved to approve the minutes as presented; Norris Simon seconded the motion.
Vote: All Yeas -motion passed.
Page ~ 1
V. REPORT FROM DIRECTOR
Mr. Burton informed the commissioners that there will be no cases to be heard for January 4, 2010 P&Z
meeting.
VI. FUTURE AGENDA ITEMS
M r. Ramirez asked if possible, that a representative from City's Utility/Community Services Departments
(i.e. Fire, Health, Inspections, etc.) be present for P&Z Meetings with agenda items regarding zoning or
any other cases with difficulties.
VII. ADJOURNMENT
Mr. Simon moved to adjourn the meeting. Ms. LeBlanc seconded the motion, which passed unanimously.
Richard Cox
Chairman
Colleen Russell
Secretary to the Commission
Minutes Approved:
f~age ~ 2