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HomeMy WebLinkAbout04.19.10 P&Z PUBLIC HEARINGCity of Port Arthur Planning and Zoning Commission Public Hearing April 19, 2010 Planning Department P. O. Box 1089 Port Arthur, Texas 77640 (409) 983-8135 (409) 983-8137 fax paplanning@~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 ..:` ~ ~' __ _ ~~~ _ City r?f ~~ c+~ nrt rthu~- Texas TO: City of Port Arthur Planning Commission Members FROM: Ronald Burton, Assistant Planning Director DATE: April 12, 2010 SUBJECT: Apri119, 2010 -Planning/Commission Meeting The Port Arthur Planning Commission will meet in regular session at 5:30 p.m., Monday, April 19, 2010, in the City Council Chambers on the fifth floor of the City Hall. The April 19~ 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. WILLIAMSON D. KAY WISE THOMAS J. HENDERSON NOTICE OF PUBLIC HEARING CITY OF PORT ARTHUR PLANNING & ZONING COMMISSION MONDAY, APRIL 19, 2010 CITY HALL - 5TH FLOOR CITY COUNCIL CHAMBERS 5:30 P.M. AGENDA STEPHEN FITZGIBBONS CITY MANAGER TERRI HANKS CITY SECRETARY VALECIA TIZENO ACCTING 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 G[VEN, PURSUANT TO SECTION 211.007, 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 19, 2010 AT 5:30 P.M. AT CITY HALL, COUNCIL CHAMBER, 5T" FLOOR, 444 FOURTH STREET, PORT ARTHUR, TEXAS. 1. ROLL CALL PUBLIC HEARING IL R10-05 -REPEAT APPROVAL REQUESTED FOR -TRACT 10-A, 0.3204 ACRES OF LAND, REPEAT OF ALL OF LOTS 10 & 11, BLOCK 246, PORT ARTHUR LAND COMPANY, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED NORTH OF 10TH STREET AND WEST OF EL PASO AVENUE) III. R10-06 -REPEAT APPROVAL REQUESTED FOR - GABRIEL FUNERAL HOME, 2.715 ACRES OF LAND, REPEAT OF PART OF LOTS 6 & 7, BLOCK 6, RANGE "J", PORT ARTHUR LAND COMPANY, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED SOUTH OF 39rH STREET AND EAST OF MEMORIAL BOULEVARD) IV. R10-07 -REPEAT APPROVAL REQUESTED FOR -TRACTS 3-A AND 3-B, 4.749 ACRES OF LAND, REPEAT OF LOT 3, BLOCK 16, POR ACRES SUBDIVISION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED SOUTH OF 60TH STREET AND EAST OF HAZEL AVENUE) V. R10-08 -REPEAT APPROVAL REQUESTED FOR -TRACT 4-A, 0.2411 ACRES OF LAND, REPEAT OF LOTS 4, 5 & 6, BLOCK 7, GRIFFING SUBDIVISION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED SOUTH OF 29T" STREET AND WEST OF 11 TH AVENUE) P.O. BOX 1089 o PORT ARTHUR, TEXAS 77641-1089 0 409/983.8115 0 409-983.8291 Page 2 of 2 VI. A10-01 -PROPOSED ABANDONMENT REQUESTED FOR - AN ALLEYWAY LOCATED NORTH OF LOTS 1-6 AND SOUTH OF LOTS 1-7, BLOCK 170, 20 FT. X 300 FT., CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED NORTH OF PROCTER STREET AND WEST OF WOODWORTH BOULEVARD) REGULAR MEETING VII. R10-05, R10-06 R10-07 AND R10-08 -REPEAT APPROVAL REQUESTED -MOTION REQUIRED VIII. A10-01-ABANDONMENT ACCEPTANCE REQUESTED -MOTION REQUIRED IX. MINUTES - Apri15, 2010 X. REPORT FROM DIRECTOR XI. FUTURE AGENDA ITEMS XII. ADJ N COLLEEN RUSSELL, CRP DIRECTOR OF PLANNING DATE AND TIME POSTED: Monday. April 12.2010. AT 12 NOON INTEROFFICE MEMORANDUM To: THE CITY OF PORT ARTHUR -PLANNING AND ZONING COMMISSION FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING suslECT: R10-O5 -REPEAT APPROVAL REQUESTED FOR -TRACT 10-A, 0.3204 ACRES OF LAND, REPEAT OF ALL OF LOTS 10 & 11, BLOCK 246, PORT ARTHUR LAND COMPANY, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS DATE: 4/9/2010 BACKGROUND: The Planning and Zoning Commission is being asked to consider a replat request for all of Lots 10 and 11, Block 246, to produce one Tract to become Tract 10-A, Block 246, Port Arthur Land Company, City of Port Arthur, Jefferson County, Texas. The acreage is 0.3204 and the property is located north of 10th Street and west of El Paso Avenue. The zoning is "2F" for Two-Family. The property is being used for the construction of asingle-family dwelling. Notices were sent out in compliance with the Texas Local Government Code Section 212 as well as the publication was done in the Port Arthur News on Sunday, March 28, 2010, which is more than 15 days prior to the public hearing. Agent - Soutex Surveyors, Inc. Applicant/Owner: Robert Tyson 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 this replat. til -~ N N ~~ ~~ N ~ w ~, rt N ~~ ~~ N -~I I- J aTFI6A~4YE. ~I N F r r EL PASO AVE. -~ N NI ~~ ~i Q' ~~ pi c~ ~. 0 -s cfl tD O -~ n O fD n ~. ^~ n Fi O a -~. O 'C O n a rt ~0 4 O N H V O ~ ~ ~ ~ N ~ O ~ ~ ~ ~ ~ ~ fl ~ ~ ~ 4 rt a 0 n C ~0 ~~.. INTEROFFICE MEMORANDUM To: THE CITY OF PORT ARTHUR -PLANNING AND ZONING COMMISSION FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING sus~ECT: R10-06 -REPEAT APPROVAL REQUESTED FOR - GABRIEL FUNERAL HOME, 2.715 ACRES OF LAND, REPEAT OF PART OF LOTS 6 & 7, BLOCK 6, RANGE "J", PORT ARTHUR LAND COMPANY, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS HATE: 4/12/2010 BACKGROUND: The Planning and Zoning Commission is being asked to consider a replat request for part of Lots 6 and 7, which consist of four tracts (Tracts 1, 2, 3 and 4) Block 6, Range "J", to produce one Tract to be named Gabriel Funeral Home, Block 6, Range 'J'; Port Arthur Land Company, City of Port Arthur, Jefferson County, Texas. The acreage is 2.715 and the property is located south of 39th Street and east of Memorial Boulevard. The zoning is "LC" for Light Commercial. The property is being used for the commercial development of a funeral home. Notices were sent out in compliance with the Texas Local Government Code Section 212 as well as the publication was done in the Port Arthur News on Sunday, March 28, 2010, which is more than 15 days prior to the public hearing. Agent - Soutex Surveyors, Inc. Applicant/Owner: Leonard Gabriel, Jr. (Gabriel Funeral Home, Inc.) RECOMMENDATION: The planning staff has no objections to the approval of this replat, but asks that there be an easement agreement with the hospital and other adjacent buildings for access use. Easements should not be obstructed with buildings on any other erected structures due to the definition of easements. BUDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None SUMMARY: Planning staff recommends approval of this replat. ~ r`~T _ - ~ ~` '~;'r '~, . }' N v O ~`-~ r-r rt N BIG BEND AVE. ~ ~ N ~ ~~' ~ ,3. ~ ` .,~ Cll ~, ~ P ! ~ T . H ~~I r 4~,~ ~ ~•. ~ ^ ', r ,S ~~ l?' $ L ~ 1 , _- / ir~ I ... 4~ f C$ F ~ 1 _ ( ( ti 1 1~€; ... 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INTEROFFICE MEMORANDUM To: THE CITY OF PORT ARTHUR -PLANNING AND ZONING COMMISSION FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING suslECT: R10-07 -REPEAT APPROVAL REQUESTED FOR -TRACTS 3-A & 3-B, 4.749 ACRES OF LAND, REPEAT OF LOT 3, BLOCK 16, PORT ACRES SUBDIVISION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS DATE: 4/9/2010 BACKGROUND: The Planning and Zoning Commission is being asked to consider a replat request for Lot 3, Block 16, to produce two Tracts to become Tracts 3-A & 3-B, Block 16, Port Acres Subdivision, City of Port Arthur, Jefferson County, Texas. The acreage is 4.749 and the property is located south of 60th Street and east of Hazel Avenue. The zoning is "SF" for Single-Family. The smaller tract (0.666 Acres of Land) will be used for the construction of a single-family dwelling and the larger tract (4.749 Acres of Land) will be retained by the family for future residential development. Notices were sent out in compliance with the Texas Local Government Code Section 212 as well as the publication was done in the Port Arthur News on Tuesday, March 30, 2010, which is more than 15 days prior to the public hearing. Agent - Soutex Surveyors, Inc. Applicant/Owner: Paul Bonin 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 this replat. .% °~ ;, ,- `' ,J ''r 'ti-~ } k>,. ~/ ~ \ CB ~ - M ` OG ~" Q `~ ~ ~ ~ ~~ ~\ ,J M ~,-` -- +, \_ OAS ~ `~,~ 20 ,~ O \ ~ ~ w-, ~ ~~• f, ~ ` 1 ~~b ~~ ti ,; t ~~\~ n ~P v •P -~, ` ~ {', 0 r ~, ~, a a 0 a' a C, ` d ~D fl. ~, ... 4~', tt 0 w ~ ~. ~.~.,r H e-- O - k ~ ~ n ,, tF~ a ,~ ~ r~. ~ . ~`°u- z~~ y W a __ O W ,. , ~ ~,, ~ ~,,. ,' ~~: y ~..i :3 a. m W ~ ,` _';e ~ ~ '~~~ Q~ A .Z y ~..~ ~D O a a~ o ~ s ~°, ~ rh O ~ ~ rD I-~ ~ ~ `O1 ~, N ~1 a fD- ~ D ~ ~ a ~ C rN'! fD N ~D a 0 \~.. INTEROFFICE MEMORANDUM To: THE CITY OF PORT ARTHUR -PLANNING AND ZONING COMMISSION FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING soslECT: R10-08 -REPEAT APPROVAL REQUESTED FOR -TRACT 4-A, 0.2411 ACRES OF LAND, REPEAT OF LOTS 4 THROUGH 6, BLOCK 7, GRIFFING SUBDIVISION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS DATE: 4/9/2010 BACKGROUND: The Planning and Zoning Commission is being asked to consider a replat request for Lots 4, 5 & 6, Block 7, to produce one Tract to become Tract 4-A, Block 7, Griffing Subdivision, City of Port Arthur, Jefferson County, Texas. The acreage is 0.2411 and the property is located south of 29th Street and west of 11th Avenue. The zoning is "2F" for Two-Family. The property is being used for the construction of asingle-family dwelling. Notices were sent out in compliance with the Texas Local Government Code Section 212 as well as the publication was done in the Port Arthur News on Wednesday, April 7, 2010, which is more than 10 days prior to the public hearing. Agent -Access Surveyors Applicant/Owner: Shawn Rideaux 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 this replat. L W O r-r r-t~ 1 0 A a a 0 c s w o ~ N N ~ N ~ lD rt s ~ ~ ~ ~ ~ (D ~ r+ 4 H rt ti, H N .. n ~o INTEROFFICE MEMORANDUM 7ro: THE PLANNING AND ZONING COMMISSION Fxoivt: COLLEEN RUSSELL, DIRECTOR OF PLANNING susJECr: A10-O1 ABANDONMENT OF ABOUT 0.140 ACRES CONSISTING OF A ALLEY THAT IS LOCATED BETWEEN FLORIDA AVENUE AND EL PASO (THIS LIES NORTH OF LOTS 1-6 BLOCK 170 AND SOUTH OF LOTS 1-7 ,BLOCK 170) AND IS PARALLEL TO THE BUU MON BUDDHIST TEMPLE IN THE CITY OF PORT ARTHUR ,JEFFERSON COUNTY, TX DATE: 04/12/10 BACKGROUND: The Planning and Zoning Commission is requested to consider the request for review and consider this request as a means of allowing for the BUU MON Buddhist Temple to expanded festivities in this area without the fear of unwarranted cars and visitors coming through it. Applicant- Buu Mon Buddhist Temple (Rev Kassapa Bhikkhu-Representative). Owner- same RECOMMENDATION: Staff has no objections to this request, however, the restriction from all utility stakeholders is that although abandonment is allowed under Section 94-383, Section 94- 384 (retention of utility easement upon abandonment and vacating street, alley or easement) is insisted upon, hence, a reduction in fair market price for this abandonment. This new proposal does not adversely impact any other business or residents BUDGETARY/FISCAL EFFECT: The City will obtain revenue from this abandonment as the dedicated alley will be sold to the Temple with the approval of this request. STAFFING/EMPLOYEE EFFECT: Contractual matters shall be attended to promptly and accurately after City Council's decision A10-Ol Abandonment of Alley by Florida and El Paso SUMMARY: "The abandonment of the property should be approved as partial as the utility stakeholders will still maintain the rights to the easement, with the consent of the owner willing to comply with all the City's Subdivision Rules, City Ordinances, Codes and access when needed. An address may be assigned to the lots in the future if the Temple so desires. 2 A10-01 (LOCATED BETWEEN FLORIDA AND EL PASO AVENUE) (LIES NORTH OF LOTS 1-6, BLOCK 170 AND SOUTH OF LOTS 1-7, BLOCK 170) View of Allevwav (eastbound) ~ View of alleyway (southbound) ~ Vehicle parked in alleyway for preparation of The Buddhist Temple utilizes the alleyway for Bamboo Festival sponsored by the Buddhist deliveries, etc. Tem le Left: Bamboo Trees . A10-01 (Page 2 of 2) Utility Easements MINUTES CITY OF PORT ARTHUR PLANNING AND ZONING COMMISSION MONDAY, APRIL 5, 2010 5:30 P.M. REGULAR SESSION CITY HALL - 5T" FLOOR CONFERENCE ROOM ITEMS REQUIRING ACTION 1. ROLL CALL -Chairman, Richard Cox convened the meeting at 5:30 p.m. Commissioners present: Alma LeBlanc, Inell Moore, Richard Cox, Fernando Ramirez and Norris Simon, Jr. (Quorum Present). Staff present: Ronald Burton, assistant planning director, Paul Brown, senior planner and Pamela Langford, administrative aide 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 & 9 BLOCK 7 PORT ACRES TERRACE. CITY OF PORT ARTHUR. JEFFERSON COUNTY TEXAS (PROPERTY LOCATED SOUTH OF 64T" STREET AND WEST OF WEST PORT ARTHUR ROAD 1 SPEAKING FOR: Anthony Leger (Soutex Surveyor's, Inc.), 3737 Doctors Drive, Port Arthur, TX 77642 SPEAKING AGAINST: NONE Mr. Burton informed the commission that the case was first presented on March 1, 2010 and was tabled by the commission due to use not being known; again on March 15, 2010, which was cancelled due to no quorum present. He also submitted the 200 foot radius map and plat from these previous meetings to be entered into the record (Exhibit "A'). Mr. Ramirez asked will the only entrance be on West Port Arthur Road. Mr. Leger responded by informing the commissioners that there will be an entrance/exit on 64~h Street, as well as West Port Arthur Road. Mr. Simon asked if there would be any entrances for deliveries located in the rear of the building. Mr. Leger responded, "No". Mr. Ramirez asked if what was located in the rear of the property. Mr. Leger responded, "Residential lots". Mr. Simon asked would wooden fencing be constructed in the rear to separate the business from the residential area. Mr. Leger informed the commission that a privacy buffer will be constructed. /Hell Moore moved to close public hearing; Alma LeBlanc seconded the motion. Vote: All Yeas -motion passed. III. Z10-01 -ZONING DISTRICT CHANGE REQ[1FSTED FOR - A 7.27 ACRE TRACT OUT OF LOTS 2 & 7 BLOCK 8 RANGES PORT ARTHUR LAND COMPANY SUBDIVISION (LOCATED NORTH OF cTATE HIGHWAY 73 AND EAST OF HIGHWAY 691 A 19 78 ACRE TRACT OUT OF LOTS 3 & 6. BLOCK 8 RANGE J PORT ARTHUR LAND COMPANY SUBDIVISION (LOCATED NORTH OF cTATE HIGHWAY 73 AND WEST OF HIGHWAY 69T1 AND A 20 68 ACRE TRACT OUT OF LOT 1. BLOCK 8 RANGE L AND LOTS 1 THROUGH 4 BLOCK 8 RANGE K. PORT ARTHUR LAND COMPANY SUBDIVISION (LOCATED NORTH OF STATE HIGHWAY 73 AND WEST OF Page ~ 1 HIGHWAY 69) PROPOSED CHANGE FROM (Al AGRICULTURAL TO (LC) LIGHT COMMERCIAL. CITY OF PORT ARTHUR. JEFFERSON COUNTY. TEXAS SPEAKING FOR: Michael Brown (Doornbos), 3746 Park Lane, Port Arthur, TX 77642 SPEAKING AGAINST: NONE Mr. Burton informed the commissioners that this case was first presented to the commission on February 1, 2010 as a 7.66 acre tract, which was accepted unanimously. Since then, the developers have re-submitted the case to include additional acreage. Mr. Burton informed the commissioners that the Planning Department received correspondence from the Texas Department of Transportation and is submitting the document to be entered into record (Exhibit "B'). Mr. Ramirez asked what area surrounds the property. Mr. Burton stated "Agricultural". Mr. Ramirez moved to close public hearing; Mr. Simon seconded the motion. Vote: All Yeas -motion passed. IV. X10 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. )_EFFERSON COUNTY TEXAS (LOCATED NORTH OF~IMMY JOHNSON BLVD fA K A 75T" TREET) AND WEST OF 9T" AVENUEI ~~ n n3 ZONING DISTRICT CHANGE REQUESTED FOR - TRA T III RESERVE "C" 5 261 ACRES OF LAND~CALLED 5 275 ACRES OF LAND) FAIRWAY ESTATES CITY OF PORT ARTHUR. JEFFERSON COUNTY TEXAS (LOCATED SOUTH OF JIMMY JOHNSON BLVD. (A.K.A. 75T" STREET AND WEST OF 9T" AVENUEI Mr. Burton informed the commissioners that the Planning Department received a letter on April 5th, by fax, from Lance P. Bradley of McPherson, Hughes, Bradley, Wimberley, Steele & Chatelain, L.L.P., representative of KBMDT Venture (owner), a request to withdraw cases 210-02 and 210- 03 from the P&Z Agenda (Exhibit "C"). Ms. Moore moved to accept the withdrawal of cases 210-02 and ZIO-03 from the agenda, Ms. LeBlanc seconded the motion. Vote: All Yeas -motion passed REGULAR MEETING V. R10-02 -REPEAT APPROVAL REQUESTED -MOTION REQUIRED Mr. Burton made a recommendation for approval of replat request R10-02. Fernando Ramirez made a motion to accept the recommendation for approval of case RIO- 02; Mr. Simon seconded the motion. Vote: All Yeas -Motion passed. VI. 210-01-ZONING DISTRICT CHANGE REQI,~ESTED -MOTION REQUIRED Mr. Burton made a recommendation for the acceptance of zoning request 210-01; however the owners will be held responsible for the cost of extending all utility services to the site, as well as t:he cost for drainage and vehicular access. Alma LeBlanc made a motion to accept the recommendation for acceptance of ZIO-01; Inell Moore seconded the motion. Vote: All Yeas -Motion passed. Page ~ 2 VII. E10-01 -EXCAVATION PERMIT REQUESTED FOR -KIRK THOMAS 20 ACRE 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 ROADI Mr. Burton informed the commissioners that this case was first heard by the Planning & Zoning Commission on Apri18, 2008 and was approved. Mr. Thomas is currently requesting that a new permit be issued due to very little progress being made because of "unfavorable weather conditions". Previous permit is due to expire May 16, 2010. Mr. Ramirez asked that the Planning Department provide documentation supporting the approval of the permit. He stated that it is important that documentation be provided to the commissioners supporting claims of approval of previous cases. Mr. Burton provided a copy of Ordinance No. 08-52 (Exhibit "D") to the commissioners as documented proof of the acceptance/approval of the previous issued permit (document entered into record). Fernando Ramirez made a motion to accept the recommendation for acceptance of EIO-01 along with documentation provided; Inell Moore seconded the motion. Vote: All Yeas -Motion passed. VIII. MINUTES -March 1, 2010 Alma LeBlanc moved to approve the minutes as presented; Inell Moore seconded the motion. Vote: All Yeas -motion passed. IX. REPORT FROM DIRECTOR NONE X. FUTURE AGENDA ITEMS Mr. Burton informed the commissioners that there are approximately five (5) applications submitted for the April 19~h Planning & Zoning Meeting. XI. ADJOURNMENT Nlr. Simon moved to adjourn the meeting. Ms. Moore seconded the motion, which passed unanimously. Richard Cox Chairman Minutes Approved: Colleen Russell Secretary to the Commission Page ~ 3 EXHIBIT "A c c ~~~~~~ f ' ~ itEt ~~' ~~ ~~i ~ ~'' i~ fit[ d ~~i~~ir~ IEEt(` `9 •! ~ ~ ~~ '" ! ~~`~ `~t~~[i~ a tt~t~ •`'~~~t.~ t~i~f~ tab: tl~ !RC t~ 6~~~., : r r~ ~`~ ~o:Ei ~~~E`t~ t: ta`t~ tEli`it;t ~t,.`ti 6~EE~~~t tt~~~+. ~~t~ ~~ ~ ~ ~ ~ - • ~ >EF }it'E~s ~[~[R t ~e`~~'J~s ~~~ e ~ ri~itl ~~I~R ~4s-.~ v_ ~ ~ ;~ .~~~ ~ Ili€~ ,~.. ~ ~ I~ i••t;}~r ~~tt`t =r ~` ~q-°a~ ~ ~ x~ t o t` ~~:_ ~r~,~pt. ~s ~ ~ ..~ i ~ ~ ~ i~~= . t~~'c: ~~i~~~;4 ~iit~"~E ~E~4E. i~~~#!~8 ~ ~ =j i~t~i~ ~~~~$~ ~~~ ~~ts ~ !~ ~~ ~'~:c>' ~i ! ~:~ ~E} t~& t~ ~ ~ sad. ~~ -~~ ~~ ~~~~ i~~f ~iE ~~~i=~ ~g~i~~~ t};}~~ ~~~~~~ ~ t~[a~~ ~~~~~ r ~ r~+ ltb.' $ I ~~~ ~y i 4~ ~ ~ ~ ~. 6 I I ~ ~q ~ I ~ ~I ~ ~ ~~~I !t. L I 4th; i ~ ~r I (w,m «o.TM ~aooa~ ~ ° I ,Q, I I ^ mae.r r ~eaor ~ 2 sR ~~ I 14~ ~~ ~ ~~ I 4b, 146 I _ _ ~ I` ~.~ I;~ ; j I a l -------- --- -- I I ~~' $ I ~ ~~ ~ ~~ ~ I I ~~ "~ I ~fi+~b I I a~ I ~ I /:~f~l I ~ E --_-- I ~ ° I.. ~r~~~ l ()JJI ~ ~ 46' I I ~ ~s I ~ N 4~ ~~ I ~ 5~ ~I ~~ I ~I ~ ~ A ~~~' -0~ ~ ~ p~ W~ ~1n', y~- ~ S ~ ~~ ~.~ - ~ E f• ~~ ~,,~,, .~ ~ ~ ~~ ~~ ~~F~ ~ ~~ ~ y ~ ~~ ~ R~ ~ y ~ o~ ~ ~ ~L~ $ ~g ~ ~o~ 220 ~ ~ ~ ~;~ ~~ mr~9 ~ ~~ y r~~ ~ ~ ~ ~~Q ~~ a~i ~ ~ ~~ ~$T ~ k r ~ ~~0 8 ~~~ ~~ ~ ~~~~~ ~ ~~~~ I o ~~~ ~ ~~ EXHIBIT "B" ~ ... CITY OF PORT ARTHUR PLANNING DEPARTMENT Zoning Case # Z10-01 Property # 102 TO: PLANNING AND ZONING COMMISSION CITY OF PORT ARTHUR P.O. BOX 1089 PORT ARTHUR TX 77641-1089 _,__w y _.s t77 ~ ~. ~ `~~~ MAR X10 ~:~ ~' ~ ; ~, ~ ~~. -,; , _ , . Jf ~~.r-- EC IVED MAR 2 3 2010 AS AN INTERESTED PROPERTY OWNER, I: pLANNINt3 DEpgR'{{y1ENT (CHECK ONE) PROTEST THE REFERENCED ZONING AMENDMENT ~/ APPROVE THE REFERENCED ZONING AMENDMENT PLEASE LIST YOUR VIEWS. ATTACH ADDITIONAL SHEETS IF NECESSARY, PLEASE DO NOT WRITE ON THE BACK OF THIS FORM. Tx ~o~T .~ n~ Q b ~.~~ SIGNED NAME (P ADDRESS (PRINTED '7"y ~6T f~ X50 ~s 4~c ~~'~r~,l a`T' CITYJSTATE/ZIP (PRINTED) B~~ LA.r,c+..t `f'X `11 `7 n f3 AREA CODE/PHONE NUMBER ~~q -a2U- a~a2( ~,rFearetGQ,yC~~~netryfNO~f~/BLICHEARING Iff',Q~/HAYEANY QUESTIONS OR REDLIIRE ADDIT70NAL IN~DRMATION REGARD~LVG TIYIS FORM OR SUB7ECT C~ SE PLEASE GLL THE PLaA/NING DEPARTMENT AT (4097 983-8135. EXHIBIT "C" Lance P. Bradley ~~ James E. (Jim) Wimberley Glenn H. (Pete) Steele, Jr. 4 Jill Swearingen Chatelain z, s Perry R. McPhersan~ 1 Richard Q. Hughes-Of C e ' Kelly J. Stewart Gordan I}. Friesz April s, zalo Ms. Cc-Ileen Russell Directcsr of Planning City of'Port Arthur Planning Dept. P.O. Box 1089 Port Arthur, Tai 77640 (via facsimile 983-8137 and a-mail a tannin a ortarthur.net RE: Subject 210-02 and 210-03 Rezone from SF to LC - h'ai~eay Estates Tract 2 Reserve B 3.598 Acres of Land and Tract 3 Reserve C 5.261 Acres Fairway Estates Dear Ms. Russell: On behalf of the owner of the above tracts, KBMDT Ventures, we request that the applications pending before the Planning ~ Zoning Commissi©n scheduled to be consid€Fed tonight, }~ varithdra~vn at this tirIIe. We will request the Planning & Zoning Commission consider this matter at a later date_ Thank you for your consideration of this matter and I apologize fcn any inconvenience this may cause. Sincerely, Lance(J"P~B-radley LPB:re Cc: Mr. Richard Cox I~-'hairman - Flanning & Z~rning ~omm~issian City of Port Arthur (via a-mail rlonniecoxC~,aol.com) 1 $mrd Certified: Family Law Tezas Baud of Legal Specialization 3120 Central Mall T)rive 2 Board Cttt>fied: Persoaal lajury'fria] Law Ttaas Board of Lega! Spedali3ation Port Arthur, Tz 77642 website: www.mc-law.net s ddm;aea ~ rraccice m rs e. Ms 4 Board CcrtiFied: Resideariat 409724-6644 1-soo-830-6785 Beal Estzte aad C.Ommrrri+i Real Estue 409-724-7585 Fag Texas BOerd of Legal Speaialiutioa i Admitted ro Fractice in T% & LA ATTORNEYS AT LAW EXHIBIT "D" P.O. N0.5883 05/16!08 DLW ORDINANCE NO. VO "~~~ AN ORDINANCE GRANTING AN EXCAVATION PERMIT ISSUED PURSUANT TO SECTION 94-452 (5) OF ARTICLE VII (EXCAVATIONS) OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR TO KIRK THOMAS LOCATED ON THE EAST SIDE OF WEST PORT ARTHUR ROAD, NORTH OF HWY. 365 WHEREAS, pursuant to Article VII (Excavations) of the Code of Ordinances of the City of Port Arthur, the Planning and Zoning Commission has recommended approval of issuing a permit to Kirk T1~omas for excavation of earth material in the City of Port Arthur, upon certain conditions and assurances for the public health, welfare and safety and to protect the development of the surrounding azea; and, WHEREAS, the City Council hereby concurs in the recommendation and findings of the Planning and Zoning Commission; now, therefore; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That an excavation permit is hereby granted to Kirk Thomas for the excavation of earth material on the following tract of land: A 90 ACRE TRACT OF LAND OUT OF AND PART OF T&N. O. RR. SURVEY, ABSTRACT N0.242 PORT ARTHUR, JEFFERSON COUNTY, TEXAS EXHIBIT "A" LOCATED ON THE EAST SIDE OF WEST PORT ARTHUR ROAD, NORTH OF HWY. 365 EXHIBIT "B" P.O. N0.5883 04/29/08 Page 2 of 3 SECTION 2. That this permit is subject to the terms and conditions of Article VII of the Code of Ordinances of the City of Port Arthur as delineated in Ordinance No. 08-46 and included as follows: a. Commercial excavation shall be completed within eighteen (18) months, with a possible extension of six (6) months upon the approval of the Director of Planning b. No more than 70% of the earth material may be sold commercially. Remaining material shall remain onsite. c. No more than 10% of the available land to be used for farm or ranch purposes may be excavated. d. A residence must be constructed on the property prior to the end of the excavation period. e. Fencing requirements under Section 18-457 (a) may be waived upon review and recommendation by the Planning and Zoning Commission and approval of the City Council, provided the farm or ranch is fenced. SECTION 3. That this permit shall be for a time period of eighteen (18) months, unless extended by the Director of Planning for an additional six (6) months. Any excavation operations thereafter shall constitute a violation of City Ordinances. SECTION 4. That Kirk Thomas shall signify acceptance of the Permit by subscription to this resolution READ, ADOPTED AND APPROVED this ~ day of May, A.D., 2008 at a Regular Meeting of the City Council of the City of .Port Arthur, Texas by the following votes: AYES: MAYOR ~ d~~/I')'~ f 5~~~~ U „ ~ r, i COUNCILMEMBERS P.O. N0.5883 04/29/08 Page 3 of 3 NOES: ATTE T: t.~ CRETA Y Cow Q~,a,L~ APPROVED AS TO FORM: CITY ATTORNEY ~ ~~~ ~~ APPROVED FOR ADMINISTRATION: CI MANAGE DIRECTOR OF PLANNING ACCEPTED: irk Thomas MAYOR EXHIBIT "A" W~iRTECH f A AT T c . "Recognizing the landmarks p/t1te pasL....san;.,~ ti,. ~..__:_~.. -~-- „~.nvciVxJ, INC. December 11, 2006 Surveyor's Field Note Description: Tract B Gy~,< <uwaros me /uture' Richard L Worthey, RPLS J. L Sims, Jr., RPLS Jack E. Meaut, RPLS BEING a 90.000 acre tract of land out of and a part of that certain C. Doombos called 188 acr tract of land, more fully described and recorded in Volume 390, Page 27, out of and a part of the remainder of that certain C. Doornbos called 77.98 acre tract of land and that called 51.84 acre tract of land, more fully described and recorded in Volume 399, Page 598 of the Deed Records of Jefferson County, Texas. Said 90.000 acre tract of land being situated in the T. & N. O. RR. Survey, Section No. 9, Abstract No. 242, the William McFaddin Survey, Section No. 6, Abstract No. 416 and the T. & N. O. RR. Survey, Section No. 7, Abstract No. 239, Jefferson Count , Texas and being more particularly described as follows: y BEGINNING at a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set at the Northwest corner of Lot Number 13, Block Number 2 of the Montrose Addition No. 2 as recorded in Volume 10, Page 20 of the Map Records of Jefferson County, Texas, same being the intersection of the South line of the remainder of said C. Doornbos called 77.98 acre tract and the East line of that certain Neches Canal Company called 8.55 acre tract of land, more fully described and recorded in Volume 271, Page 529 of said Deed Records; THENCE North 30 deg. 55 min. 57 sec. West along and with an East line of said Neches Canal Company tract, a distance of 124.00 feet to a S/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set for Angle comer; THENCE North 17 deg. 33 min. 34 sec. West continuing along and with an East line of said Neches Canal Company tract, a distance of 3009.20 feet to a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set for Angle corner; THENCE South 87 deg. 44 ruin. 30 sec. West along and with a North line of said Neches Canal Company tract, a distance of 165.40 feet to a point for corner, from which a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set for reference in the East line of that certain Neches Canal Company called 13.51 acre tract of land, more fully described and recorded in Volume 269, Page 423 of said Deed Records bears South 87 deg. 44 min. 30 sec. West, a distance of 627.95 feet; THENCE North :30 deg. 55 min. 57 sec. West, a distance of 823.67 feet to a point for comer, from which a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set for reference in the East line of said Neches Canal Company tract bears South 82 deg. I 1 min. 27 sec. West, a distance of 599.07 feet; EXHIBIT "A" 7999 Gladys Avenue, Suite 102 Two (2) Pages, Inclusive Beaumont, Texas 77706-3309 Tel: 409.866.9769 Fax: 409.866.7075 www.wortech.com THENCE North 82 deg. 11 min. 27 sec. East, a distance of 1628.17 feet to a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set for corner in the West line of that certain Jefferson County called 138.568 acre tract of land, more fully described as Parcel SA recorded in Clerks File No. 2001008588 of the Official Public Records of said Jefferson County, from which a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" found at the Northwest comer of said Jefferson County tract bears North 16 deg. 28 min. 44 sec. West, a distance of 2305.96 feet; THENCE South 16 deg. 28 min. 44 sec. East along and with the West line of said Jefferson County tract, a distance of 2423.39 feet to a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set for corner, from which a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" found in the South line of the remainder of said C. Doombos called 77.98 acre tract, same being the North line of that certain City of Port Arthur called 1.874 acre tract of land, more fully described and recorded in Volume 2248, Page 158 of said Deed Records beazs South 16 deg. 28 min. 44 sec. East a distance of 434.65 feet; THENCE South 36 deg. 45 min. 40 sec. West, a distance of 1255.99 feet to a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set for corner; THENCE South 17 deg. 33 min. 34 sec. East, a distance of 428.68 feet to a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set for comer; THENCE Soutk~ 36 deg. 45 min. 40 sec. West along and with the South line of the remainder of said C. Doombos called 77.98 acre tract, same being the North line of said Montrose Addition No. 2, a distance; of 196.96 feet to the PLACE OF BEGINNING, containing 90.000 acres of land, more or less. (This description: is based upon a survey made on the ground under my direct supervision on October 4, 2006 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are based on the Texas Plane Coordinate System, NAD83, South Central Zone. All distances and acreages are surface (U.S. Survey foot). The theta angle at the 1!2 inch iron rod found at the Southeast corner of the T. & N. O. RR. 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