HomeMy WebLinkAbout04.05.10 P&Z REGULAR MEETINGCity of Port Arthur
Planning and Zoning
Commission
Regular Meeting
April 5, 2010
Planning Department
P. O. Box 1089
Port Arthur, Texas ??640
(409) 983-8135
(409) 983-813? fax
paplannin~(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: Ronald Burton, Assistant Planning Director
DATE: March 30, 2010
SUBJECT: Apri15, 2010 -Planning/Commission Meeting
The Port Arthur Planning Commission will meet in regular session at 5:30 p.m.,
Monday, Apri15, 2010, in the City Council Chambers on the fifth floor of the City
Hall. The Apri15~ 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 983-8135.
Enclosure
C: Colleen Russell, Director of Planning
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 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, III
MARTIN FLOOD
JOHN BEARD, JR.
ROBERT E. WILL[AMSON
D. KAY WISE
THOMAS J. HENDERSON
NOTICE OF PUBLIC HEARING
CITY OF PORT ARTHUR
PLANNING AND ZONING COMMISSION
MONDAY, APRIL 5, 2010
CITY HALL - 5T" FLOOR CONFERENCE ROOM
5:30 P.M.
AGENDA
STEPHEN FITZGIBBONS
CITY MANAGER
TERRI HANKS
CITY SECRETARY
VALENCIA TIZENO
CITY ATTORNEY
NOTICE OF TIME, 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 212 of THE LOCAL GOVERNMENT CODE, THAT A
REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PORT ARTHUR, TEXAS
WILL BE HELD ON MONDAY, APRIL 5, 2010, AT 5:30 P.M. IN THE CITY HALL BUILDING, CITY COUNCIL
CHAMBERS, 5T" FLOOR, 444 FOURTH STREET, PORT ARTHUR, TEXAS.
ROLL CALL
PUBLIC HEARING
II. R10-02 -REPEAT APPROVAL REQUESTED FOR -TRACT 5-A, 1.199 ACRES OF LAND, REPEAT OF
ALL OF LOTS 5, 6, 7, 8 AND 9, BLOCK 7, PORT ACRES TERRACE, CITY OF PORT ARTHUR, JEFFERSON
COUNTY, TEXAS (PROPERTY LOCATED SOUTH OF 64TH STREET AND WEST OF WEST PORT
ARTHUR ROAD).
III. Z10-01 -ZONING DISTRICT CHANGE REQUEST - A 19.78 ACRE TRACT OUT OF LOT 3 AND LOT 6,
BLOCK 8, RANGE J OF PORT ARTHUR LAND COMPANY SUBDIVISION (LOCATED NORTH OF STATE
HIGHWAY 73 AND EAST OF HIGHWAY 69) AND A 28.44 ACRE TRACT OUT OF LOT 1, BLOCK 8,
RANGE L, LOTS 1 THROUGH 4, BLOCK 8, RANGE K, LOTS 3 AND 6, BLOCK 8, RANGE ], PORT ARTHUR
LAND COMPANY SUBDIVISION, (LOCATED NORTH OF STATE HIGHWAY 73 AND WEST OF
HIGHWAY 69) (PROPOSED CHANGE FROM AGRICULTURAL [A] TO LIGHT COMMERCIAL [LCJ).
IV. Z10-02 -ZONING DISTRICT CHANGE REQUESTED FOR -TRACT II, RESERVE "B" 3.578 ACRES OF
LAND (CALLED 3.5625 ACRES OF LAND), FAIRWAY ESTATES, City of PORT ARTHUR, JEFFERSON
COUNTY, TEXAS (PROPERTY LOCATED NORTH OF 75T" STREET AND WEST OF 9T" AVENUE).
V. Z10-03 -ZONING DISTRICT CHANGE REQUESTED FOR -TRACT III, RESERVE "C", 5.261 ACRES OF
LAND (CALLED 5.275 ACRES OF LAND), FAIRWAY ESTATES, CITY OF PORT ARTHUR, JEFFERSON
COUNTY, TEXAS (PROPERTY LOCATED SOUTH OF 75T" STREET AND WEST OF 9T" AVENUE).
P.O. BOX 1089 o PORT ARTHUR, TEXAS 77641.1089 0 409/983.8115 0 409.983-8291
REGULAR MEETING
Page 2 of 2
VI. R10-02 -REPEAT APPROVAL REQUESTED -MOTION REQUIRED
VII. Z10-01, Z10-02, AND Z10-03 - ZONING DISTRICT CHANGE REQUESTED -MOTION REQUIRED
VIII. E10-01 -EXCAVATION PERMIT REQUESTED FOR - A 20 ACRE STOCK POND FOR A RICE FARM
ABOUT 500 ACRES LOCATED BY NORTH STATE HIGHWAY 365 AND ON THE EAST AND WEST SIDE
OF WEST SIDE FO WEST PORT ARTHUR ROAD (MOTIONREQU/RED)
IX. MINUTES -March 1, 2010
X. REPORT FROM THE DIRECTOR
XI. FUTUREgGENDA ITEMS
X1I.
Colleen W. Russell,
Director of Planning
DATE AND TIME POSTED: yYEDNESDAY. MARCH 31.2010: 12:00 NDON
INTEROFFICE MEMORANDUM
To: THE PLANNING AND ZONING COMMISSION
FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING
suslECT: R10-02 -REPEAT APPROVAL REQUESTED FOR -TRACT 5-A, BLOCK 7,
1.199 ACRES OF LAND, REPEAT OF ALL OF LOTS 5, 6, 7, 8 AND 9, BLOCK
7, PORT ACRES TERRACE, CITY OF PORT ARTHUR, JEFFERSON COUNTY,
TEXAS
naTE: 4/03/10
BACKGROUND:
The Planning and Zoning Commission is being asked to consider a replat request for
all of Lots 5, 6, 7, 8 and 9, Block 7, Port Acres Terrace, to produce one tract to
become Tract 5-A, Block 7, Port Acres Terrace, City of Port Arthur, Jefferson County,
Texas. The acreage is 1.199 and the property is located south of 64th Street and west
of West Port Arthur Road. The zoning is "LC"for Light Commercial. The property will
be used for the purpose of Commercial Development. Notices were sent out in
compliance with the Texas Local Government Code Section 212 as well as the
publication was done 10 days prior the public hearing. This case was not heard on
March 8, 2010 as previously published due to lack of a quorum.
Agent - Soutex Surveyors, lnc., Owner - Thuy T. and Hung D. Nguyen
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 that the Commission approvals this replat.
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INTEROFFICE MEMORANDUM
To: THE PLANNING AND ZONING COMMISSION
~toM: COLLEEN RUSSELL, DIRECTOR OF PLANNING
sus,~c'r: 210-02 & 210-03 -REZONE FROM SF TO LC -FAIRWAY ESTATES,
TRACT II, RESERVE `B," 3.578 ACRES OF LAND (CALLED 3.5625
ACRES)
DAT& 03/26/10
210-02 -Tract II, Reserve KB," 3.57$ acres of land, Fairway Estates,
City of Port Arthur, Jefferson County, Texas. (North of Jimmy Johnson
Blvd.)
210-03 -Tract III, Reserve "C," 5.261 acres, Fairway Estates, City of Port Arthur,
Jefferson County, Texas. (South of Jimmy Johnson Blvd.)
BACKGROUND:
The applicant is proposing to locate professional offices on this property on either side of
J~nmy Johnson Blvd. (75s' Street), beg~ni-ng about ~5 feet east of Gol~ll live on tl-ie
north side of Jimmy 3ohnson and on the south side bordering the small ditch leading to a
water feature on the Babe Didrikson Zaharias Memorial Golf Course. Both parcels end at
a point marking the westernmost corner of the Clubhouse parking lot. About 3 ~~ years
ago, a similar request from adifferently-named ownership group was denied by City
Council following the Planning and Zoning Commission's recommendation of denial. As
an alternative to denial, the PAZ recommended that a Planmed Development District be
created that would permit the proposed use (professional offices), subject to site plan
approval, including standard architectural standards. The City nCouncil's denial did not
include a directive for planining staff to pursue the development of a PD District.
Opposition. to the development came primarily from. residents on Golfhiill. Drive who
argued that the pry slid rein gP in ~ ~ the arig~ design f€~t~.sre
of single-family residences ringing the golf course. Any development of these two strips
of property must tape into accoutrt numerous easements for utilities, including natural
gas, drainage, electrical, telephone and cable located on both sides of Jimmy Johnson In.
addition, a 3t}-foot-wide United ~ Pipel~e €or~dor rims thrrnngh tl~ southern edge of
the property on the south side of the roadway, This corridor contains at least one crude
pipeline, one petroleum-product pipeline and a natural. gas line.
ApplicantlAgent - Soutex Surveyors Owner - KBMDT Venture
RECOMMENDATION:
The planning staff has no objections to approval. of this request; however, the following
recommendations and/or requirements should be considered: engineering and
architectural designs must accommodate all of the easements, which are numerous, on
this property. In addition, off-street parking along with limited curb cuts to Jimmy
Johnson will pose considerable design restrictions for any type of development on these
parcels, especially for the tract on the south. side of the street. An argument ~ be made
that the 3~fcx~rt wide pipeline easement precludes any residential developme~ an tl~
south side of Jimmy Johnson. With that in mind, rezoning to LC might be necessary
before any development can tale place on the southern-most tract. Moreover, if
commercial development is allowed on the south side of the street, commercial. zoning
would be more appropriate on the north side off' Jismny Johnson,. which does not have a
petroleum pipeline corridor running through or next to it.
BUDGETARY/FISCAL EFp'ECT: None
STAFFING/EMPLOYEE E~'E+C`I`: None
SUMMARY:
Planning staff recommends approval of this zoning change.
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Z10-02
(NORTH OF JIMMY JOHNSON AND WEST OF NINTH AVENUE)
7400 BLOCK OF 75TH STREET
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North section by Gulf Hill Road and Jimmy North section showing topography of gulf course
Iohnson Blvd Utilitv easement along the front
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This view is east facing towards 9th Avenue showing the north side that is Z10-02 across the street and
Z10-03 on the south side. Both sections are very narrow strips bounded by easements.
Z10-03
(SOUTH OF 75TH STREET AND WEST OF NINTH AVENUE)
7400 BLOCK OF 75TH STREET
The South section of Jimmy Johnson (75th Street) showing sections of land for retail with case Z10-03
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The case Z10-03 is west of the ulf-course so its drive a roach should not be encroached u on
INTEROFFICE MEMORANDUM
To: PLANNING AND ZONING COMMISSION
FRO1vi: COLLEEN RUSSELL ,DIRECTOR OF PLANNING
susJECT: E10-01 (EXCAVATION FOR A 20 ACRE STOCK POND FOR A
RICE FARM ABOUT 500 ACRES LOCATED BY NORTH STATE
HIGHWAY 365 AND ON THE EAST AND WEST SIDE OF WEST
PORT ARTHUR ROAD
DATE: 04/20/10
BACKGROUND:
The Planning and Zoning Commission is requested to approve this excavation request for
a 20 acre stock pond to irrigate about 90 acres of a rice farm out of approximately 500
acres of farmland; the 500 acre tract split by West Port Arthur Highway is described as
portions of the C. Doornbos land recorded in Volume 399, Page 598, Lots 1-6 by Range
N-15, as well as land out of T & N.O. RR Survey, Section 9, A-242 as well as Section
No. 7 A-239. In addition, portions from the William McFaddin Survey Section 6 A-
416.Borderd by the canal's path. This an existing farm. The pond will be on the east of
West Port Arthur Road and south of Viterbo Road. This case was approved by the
Planning and Zoning Commission on April 28, 2008 and by City Council on May 20~'
2008 and given an ordinance with number 08-52, but the license has expired and the
excavation is yet to be started. The amount of excavation work has not changed,
however, 90 acres of the farm will be covered per irrigation site, not a 90 acre tract as
previously presented.
The water use to be obtained from LNVA (Lower Neches Valley Authority) however,
with droughts, raising cost and other vendors desiring water, Mr. Thomas contends that
it is best to have his own pond especially since the water is not readily recycled due to
fertilizer usage. The soil removed will be given to MOTIVA and other portions will be
spread over the land. The stock pond will be used to also store remaining waters when
cultivating is being done. The property is out of 20 acres out of
Mr. Thomas is expected to meet all the criteria of the applicable sections of Chapter 93
(Storm Water Quality) and Chapter 94 -Article VII (Excavations). The prior approval
was under the old codes.
Applicant(s) shall be aware, that in spite of the Planning Commission's
recommendations, City Council gives the ultimate consent to this 20 acre stock pond
project
Applicant- Kirk Thomas Owner-Kirk Thomas
RECOMMENDATION:
The Planning Commission should give approval for the approximately 20 acre site pond
(Exhibit "A") has been met with the Engineering Division and Drainage District (DD#7)
approval thus far. Aerial Exhibit "B"
BUDGETARY/FISCAL EFFECT: None
STAFFING/EMPLOYEE EFFECT: None
SUMMARY:
This pond should be approved as it will allow for conformance to our flood and drainage
ordinances all other associated City Codes shall be comply with this excavation. As
construction progress the engineers and owners will restrict frequent trucking to the
property rather than on improved surfaces. The pond shall be maintained by Kirk Thomas
in accordance with USDA (United States Department of Agriculture) regulations as well
as all federal, state and city regulations. This ruling shall transfer to all future owners that
shall be responsible for the feature if the property is sold. The criteria set forth in the
ordinance shall be followed as to:
1) The milestones to be met by Ordinance 08-52, that the excavation shall be
complete in 18 months and a six month extension may be granted by the Planning
Director.
2) The new codes of Chapter 93 and 94 shall apply as per the project, especially that
segment stating that no more than 70% of the earth material may be sold and no
more than 10% of the available land to be used for farming or ranch purposes may
be excavated
3) A 404 permit shall be obtained prior to starting and the trucking of material as to
not be a nuisance will be monitored
4) All complaints will be investigated by the Engineering and Building Inspections
Department and if violations exist the permit may be withdrawn
5) The house and fencing requirements still exist; the fencing requirements under
Section 18-457 (a) may be waived only if the entire farm perimeter is already fenced
following the last approved by City Council
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E10-01
(REFERENCE E08-01)
THE 6900 BLOCK (UPWARDS) OF NORTH WEST PORT ARTHUR ROAD
(NORTH OF HIGHWAY 365 AND SOUTH OF VITERBO ROAD)
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~ A windshield view of the house ~ The pit to be excavated
The site showing house in relation to proposed pond on the farm-west of Highway 93(West Port Arthur
Road), as well as land still recovering from the ravishing effects of IKE in 2008.
MINUTES
CITY OF PORT ARTHUR
PLANNING AND ZONING COMMISSION
MONDAY, MARCH 1, 2010 5:30 P.M.
REGULAR SESSION
CITY HALL - ST" FLOOR CONFERENCE ROOM
ITEMS REQUIRING ACTION
I. ROLL CALL -Chairman, Richard Cox convened the meeting at 5:33 p.m.
Commissioners present: Alma LeBlanc, Inell Moore, Richard Cox, Fernando Ramirez and
Norris Simon, Jr. (Quorum Present).
Staff present: Paul Brown, senior planner and Pamela Langford, administrative aide
PUBLIC HEARING
I[. R10-02 -REPEAT APPROVAL REQUESTED FOR -TRACT 5-A. 1.199 ACRES OF LAND. REPEAT OF ALL
OF LOTS 5.6.7. 8 & 9. BLOCK 7. PORT ACRES TERRACE. CITY OF PORT ARTHUR. JEFFERSON COUNTY
TEXAS (PROPERTY LOCATED SOUTH OF 64TH STREET AND WEST OF WEST PORT ARTHUR ROAD]
SPEAKING FOR: Anthony Leger (Soutex Surveyor's, Inc.), 3737 Doctors Drive, Port Arthur, TX 77642
SPEAKING AGAINST: NONE
Paul informed the commissioners that nineteen (19) notices were mailed out and zero (0) were returned,
also LINO (2) calls were received regarding concerns of a business being constructed at said location.
Mr. Leger informed the commissioners that said replat is for commercial development, not for
construction of a home.
Paul informed Mr. Leger that the transmittal letter submitted to the Planning Department from Soutex
Surveyors, Inc. stated that the replat would be for a single family dwelling. Mr. Leger stated that the letter
was submitted in error.
Mr. Ramirez moved to table replat request RIO-OZ and mail-out corrected notices containing
accurate information; Ms. Moore seconded the motion.
Vote:.All Yeas -motion passed.
Mr. Ramirez moved to close public hearing; Ms. LeBlanc seconded the motion.
Vote: All Yeas -motion passed.
III. R10-CI3 -REPEAT APPROVAL REQUESTED FOR -BENJAMIN PLACE LOTS 1 & 2 REPEAT OF 1 764
ACRES OF LAND. PART OF THE W. KYLE SURVEY. ABSTRACT N0.414. CITY OF PORT ARTHUR
JEFFERSON COUNTY TEXAS (PROPERTYLOCATEDSOUTHOF58THSTREETANDEASTOFRAY
AVEN E
SPEAKING FOR: Anthony Leger (Soutex Surveyors, Inc.), 3737 Doctors Drive, Port Arthur, TX 77642
SPEAKING AGAINST: NONE
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Mr. R<rmirez asked about the condition stipulated in the report regarding the improvement of the road.
Mr. Brown informed the commissioners that the condition was written in error, he explained that the
zoning and engineering maps showed 58th Street as being dedicated, but not improved. Mr. Brown also
informed the commissioners that said street is completed (meets all requirements of an improved street)
and o~Nned and maintained by the City of Port Arthur.
Mr. Simon moved to close public hearing; Ms. Moore seconded the motion.
Vote: All Yeas -motion passed.
REGULAR MEETING
IV. R10.03 -REPEAT APPROVAL REQUESTED -MOTION REQUIRED
Mr. Brown made a recommendation for approval of replat request R10-03.
Fernando Ramirez made a motion to correct wording to identify 58t~ street as being dedicated and
improved, not "hampering" the replat; Mr. Simon seconded the motion.
Vote:.gll Yeas -Motion passed.
Inell Moore moved to accept the Planning Department's recommendation to approve R10-03 replat
request; Alma LeBlanc seconded the motion.
Vote: All Yeas -Motion passed.
V. MINUTES -February 15, 2010
Alma ]LeBlanc moved to approve the minutes as presented; Norris Simon seconded the motion.
Vote: All Yeas -motion passed.
VI. REPORT FROM DIRECTOR
None
VII. FUTURE AGENDA ITEMS
Mr. Ramirez stated that notices should be mailed to adjacent property owners regarding site plan
approvals.
Mr. Brown informed the commissioners that the Planning and Zoning Commission is not required to have
a public hearing for a site plan; therefore notices are not mailed to adjacent property owners.
Mr. Ramirez stated he has concerns regarding the procedures for approval of site plans.
VIII. ADJOURNMENT
Ms. Moore moved to adjourn the meeting. Ms. LeBlanc seconded the motion, which passed unanimously.
Richard Cox
Chairman
Minutes Approved°
Colleen Russell
Secretary to the Commission
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