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Home My WebLink About10-15-12 PUBLIC HEARINGCity of Port Arthur Planning and Zoning Commission AGENDA Regular Meeting October 15, 2012 5:30 P.M. Planning Department P. O. Box 1089 Port Arthur, Texas 77640 (409) 983 -8135 (409) 983 -8137 fax paplanningru portarthur. net art rthur CITY OF PORT ARTHUR PLANNING AND ZONING DIVISION P.O. Box 1089 Port Arthur, TX 77641 -1089 Office: 409 -983 -8135 Fax: 409 - 983 -8137 TO: City of Port Arthur Planning Commission Members FROM: Ronald Burton, Planning Director DATE: October 8, 2012 SUBJECT: October 15, 2012 - Planning /Commission Meeting The Port Arthur Planning Commission will meet in regular session at 5:30 p.m., Monday, October 15, 2012, in the City Council Chambers on the fifth floor of the City Hall. The October 15, 2012 agenda contains one item. 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 Cc: John A. Comeaux, P.E., Assistant City Manager Ross Blackketter, Director of Public Works Lawrence Baker, Director of Inspections & Code Enforcement Mark Mulliner, Fire Marshall Paul Brown, Senior Planner Derrick Holland, Senior Engineering Technician DELORIS `BOBBIE" PRINCE, MAYOR WILLIE "BAE" LEWIS, JR, MAYOR PRO TEM COUNCILMEMBERS: RAYMOND SCOTT, JR. ELIZABETH "LIZ" SEGLER MORRIS ALBRIGHT, III HAROLD DOUCET, SR. ROBERT E. WILIIAMSON DERRICK FREEMAN KERRY "TWIN" THOMAS NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION MONDAY, OCTOBER 15, 2012 CITY HALL - 5TH FLOOR CITY COUNCIL CHAMBERS 5:30 P.M. AGENDA FLOYD T. JOHNSON CITY MANAGER SHERRI BELLARD CITY SECRETARY VALECIA 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 212.015, 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, OCTOBER 15, 2012 AT 5:30 P.M. AT CITY HALL, COUNCIL CHAMBER, 5TH FLOOR, 444 FOURTH STREET, PORT ARTHUR, TEXAS. I. ROLL CALL PUBLIC HEARING II. ZONING DISTRICT CHANGE REQUESTED A. Z12 -08 REGULAR MEETING III. MOTION REQUIRED A. Z12 -08 IV. APPROVAL OF MINUTES A. OCTOBER 1, 2012 V. STAFF REPORT VI. ADJOURNMENT Ronald Burton, Director of Planning • .ir •: • •: i1 • m P.O. BOX 1089 • PORT ARTHUR, TEXAS 77641 -1089 • OFFICE 409 -983 -8135 • FAX 409 - 983 -8137 INTEROFFICE MEMORANDUM TO: CITY OF PORT ARTHUR, TEXAS - PLANNING & ZONING DIVISION FROM: RONALD BURTON, DIRECTOR OF PLANNING SUBJECT: Z12 -08 - ZONING DISTRICT CHANGE REQUESTED FOR - 96.21 ACRES OF LAND OUT OF AND PART OF LOTS 1, 2, 7 AND 8, BLOCK 4, RANGE "B" AND LOTS 1 AND 2, BLOCK 5, RANGE "B ", PORT ARTHUR LAND COMPANY SUBDIVISION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED NORTH OF TEXAS 87/73 ON THE WESTSIDE OF F.M. 366) DATE: 10/11/2012 BACKGROUND: In November 2007, TOTAL requested that the Planning & Zoning Commission recommend approval for the company's request to rezone a 145.71 -acre tract to a planned development district that would allow a lay -down yard for use in connection with the plant's proposed expansion. The Port Arthur City Council approved the planned development district, PD -26, on January 29, 2008, in Ordinance No. 08 -11, included here as Exhibit "A ". The Council approved the lay -down yard, but limited its operation to a 3 -year period. The Council approval also required TOTAL to build an 8 -foot berm topped by a solid wood fence to act insulate the Highland Heights neighborhood and block excess noise and nighttime lights from the laydown yard activities. With the ending date for that use nearing, TOTAL submitted a new request on December 16, 2010, asking that the time limit be removed so that the property could be used as a lay -down yard indefinitely; however, due to concerns about noise, traffic, lighting, dust and "greenbelt" issues raised by the neighbors, the Planning staff recommended that a reasonable time period be established that would protect the residents from unfettered lay -down yard activity while still granting TOTAL adequate leeway for lay -down activity that could be extended if necessary after additional future hearings. The City Council approved this request on May 3, 2011 allowing TOTAL a two (2) year extension thereby establishing a new expiration date of January 29, 2013, as well as reducing the area of PD- 26 from 145.71 acres of land to 96.21 acres designating the additional 49.5 acre tract adjacent to Taft Elementary School as a "greenbelt" buffer zone. At this time, TOTAL is requesting to continue the use of the 96.21 acre portion of PD -26 for personal parking, a lay down area and for manufactured- building office structures. The company is asking that a general zoning change be granted for this 96.21 acre tract from Planned Development District 26 (PD -26) to Heavy Commercial (HC), which would allow by right the land use activities the company wishes to conduct on the property. The company has explained that installation of the office structures would be very problematic under a system of renewable, temporary permits. The office space outside the plant fence line is necessary in order for the company to comply with new OSHA regulations put in place after the British Petroleum plant explosion a decade ago in Texas City. For the above reasons, Total has requested the permanent zoning change from PD to HC. On Thursday, September 27, 2012, twenty-nine (29) notices were mailed to adjacent property owners within the 200 -foot radius around the lay -down yard. Notice of the October 15, 2012 public hearing was published in the Port Arthur News on Sunday, September 30, 2012, which is greater than the required 10 -day minimum time between public notice and the P &Z public hearing scheduled for October 15, 2012. Applicant /agent - Patricia L. Avery, HR & Communications Manager Owner - TOTAL Petrochemicals USA, Inc. RECOMMENDATION: The Planning staff has no objections to the approval of this rezoning request. BUDGETARY /FISCAL EFFECT: None STAFFING /EMPLOYEE EFFECT: None SUMMARY: The zoning change conforms to all zoning requirements, hence approval of this case is recommended. i_06_c I 106 - 9 I I I 3-06-8 I — I .6-8 I 1-06 -8 i a-06 -A I i STAIE xIW>.T n � -- -- —-- j ----- r - -- i — � "d ° — � - r "------- 7, ---------- .w.-zzT-- - - - - -- it 5-03 -9 I I 6-03-8 1 7 -03 -8 ( 6-03 -9 I I i 1-03 -h 'I ' 1 36.27 ACRES �1 i 11 I I 6 -03-8 1 B-Ol -B , 5-05 -n � of � I --'�- 1 -_• �' I I -- - - - - -- -------- - - - - -- --- �.-- .1�. --- --- - - - - - -- I r rr= === 1 .I I 1 el 2--05-8 i 1 -05 -8 � 4-01-1 r h III P ' I I .Iy$ I ii •+` I I I lk. 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NO. 5838 01/16/08 DLW ORDINANCE NO. o f-1J AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY CREATING PLANNED DEVELOPMENT DISTRICT -26 ON AN APPROXIMATE 145.71 ACRE TRACT OF LAND OUT OF AND PART OF LOTS 1-8, BLOCK 4, RANGE `°B" AND LOTS 1 -3, BLOCK 5, RANGE "B ", PALCO, PORT ARTHUR, JEFFERSON COUNTY, TEXAS (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 [$2,000.001 DOLLARS); AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE. (Z07 -07 TOTAL) WHEREAS, all the requirements of Article XI of the Charter and the Zoning Ordinance, of the City of Port Arthur, Texas, including the Local Government Code, Sections 211.006 and 211.007, having been fulfilled, the City Council held a public hearing January 15, 2008 at 7:00 P.M.; and, WHEREAS, the proposed change has not been protested in accordance with subsection (d) of said Section 211.006; and, WHEREAS, having received and considered the recommendation of the Planning and Zoning Commission that the proposed change be denied, the City Council finds that it would be in the public interest and general welfare of the City to change the Zoning designation of the hereinafter described property; and, WHEREAS, pursuant to subsections (d) and (f) of Section 211.006 Local Government Code, Section 24-105 of the City Zoning Ordinance requires, in order for the proposed change to take effect, the affirmative vote of at least three- fourths of all members of the City Council (i.e., at least P.O. NO. 5838 01/22/08 Page 2 of 6 seven [7] members) if the proposed change is protested in accordance with said subsection (d) or the City's Planning and Zoning Commission recommends that the proposed change to a regulation or boundary be denied; VVHEREAS, the City Council can create a Planned Development District where the provision of screening walls, open space and planting would create a protective transition between a lessor and more restrictive use; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That Planned Development District No. 26; "PD -26" is hereby created on the following tract of land: AN APPROXIMATE 145.71 ACRE TRACT OF LAND OUT OF AND PART OF LOTS 1-8, BLOCK 4, RANGE "B" AND LOTS 1 -3, BLOCK 5, RANGE "B", PALCO PORT ARTHUR, JEFFERSON COUNTY, TEXAS LOCATED ON THE WEST SIDE OF HWY 366 NORTH OF HWY 87/73 EXHIBIT "A" SECTION 2. USE REGULATIONS Use regulations for the "PD -26 ", Planned Development 26 District shall permit uses as prescribed in the Use Schedules, Section 7 of the Zoning Ordinance, City of Port Arthur, Texas for: A. All uses in the "SF ", Single Family District by right. B. Specifically permit a lay -down yard and equipment storage at the locations shown on the attached Exhibit "A ", subject to the following Development Standards. P.O. NO. 5838 01/22/08 Page 3 of 6 SECTION 3. DEVELOPMENT STANDARDS A. General Development Standards 1. The coverage, off - street parking, height and yards shall comply with the standards established for the "SF ", Single Family District for all residential uses unless authorized or specified herein or on a site development plan approved by the Planning and Zoning Commission 2. The coverage, off - street parking, height and yards shall comply with the standards established for the "LC ", Light Commercial District unless authorized on a site development plan approved by the Planning and Zoning Commission, subject to the Special Development Standards. B. Special Development Standards 1. The use of the property as a lay -down yard shall not exceed three (3) years from the date of commencement of that use but in no case shall that use be permitted to continue operation past five (5) years from the date of this Ordinance. Existing activities (parking, temporary office space, building material and equipment storage) shall not expand and shall not be permitted to continue past five (5) years from the date of this Ordinance. 2. That all assembly activities must be conducted within the lay -down yard no further than 350 feet from the Hwy 366 right -of -way. 3. All access to any non - residential use shall be from Hwy 366. 4. That prior to the commencement of any industrial activity on the property an earthen berm, a minimum of eight (8) feet in height (above natural ground), shall be constructed along the western boundary of this Planned Development with a centerline P.O. NO. 5838 01/22/08 Page 4 of 6 at a minimum distance of 50 feet from the private property to the west. This berm shall have a minimum side -slope of 4:1. All slopes shall be seeded to prevent erosion. 5. Drainage shall be provided so as not to increase any flow of water onto adjacent property. 6. A solid screening fence, a minimum of eight (8) feet in height shall be placed on top of the berm, with a vegetative screen of pampas grass or similar plant material every 10 feet or less. 7. All security and other lighting shall be directed so as to not shine into residential areas. 8. All work shall be conducted during daylight hours. 9. No hazardous materials shall be stored on site. 10. Every attempt shall be made to reduce the use of any area on the western portion of the property for any non - residential activity. SECTION 4. 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. SECTION 5. 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 independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 6. All ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. P.O. NO. 5838 01/22/08 Page 5 of 6 SECTION 7. 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 Section 1 -13 of the Code of Ordinances, and each day such violation shall be permitted to exist shall constitute a separate offense. SECTION 8. 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 City of Port Arthur. This Ordinance shall take effect immediately after the date of such publication. SECTION 9. Because Section 24 -105 of the Zoning Ordinance does apply, seven (7) votes are required to adopt this Ordinance. V14 READ, ADOPTED AND APPROVED this Q? day of January, A.D., 2008 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR COUNCILMEMBERS Sei;�U NOES: ATTEST: �- UA CITY SECRETARY MAYOR P.O. NO. 5838 01/22/08 Page 6 of 6 APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CIT AGER Qat / - DIRECTokbF PLANNING EXHIBIT "A" -- -- -..... - -------------- ---------------------------- - i ESQ ? I i� I I x27 ACM I � I E aG a a • f -v.mou-___ G � j I a a maasm pmc I IG, a vauus a� .a G MM ACRU Y n; /n/�in/�in�n/�n C E J !� 77i •r�ur. � A S SEE w n' 40650 ACWS Ogg L i III I ril '- •w Tw � � .• OAS. THIS DRAWING IS FOR INFORMATION ONLY SOUTEX ` = �° JVK VF_YUK1 ING'. nM7 r•r .•' o.e.e.- P[T��RIMiH. Tadi �. . (.aY 1p -aDW {wYl l!D -spy mtu �*c.• •1►.OKO fT •LL mw 1 OF new MINUTES CITY OF PORT ARTHUR PLANNING AND ZONING COMMISSION MONDAY, OCTOBER 1, 2012, 5:30 P.M. REGULAR SESSION CITY HALL - 5 FLOOR CONFERENCE ROOM ROLL CALL The Planning and Zoning Commission met in Regular Session on Monday, October 1, 2012 at 5:35 p.m. in the City Council Chamber, City Hall, with the following members present: Chairman Richard Cox; Commissioners: Alma LeBlanc, Inell Moore, and Fernando Ramirez Staff present: Ronald Burton, director of planning and Paul Brown, sr. planner IL PUBLIC HEARING A. R12 -26 - REPLAT APPROVAL REQUESTED FOR - TRACT 7 -A. 0.688 ACRE OF LAND. REPLAT OF LOTS 7 THROUGH 10, BLOCK 6. RANGE 4. SABINE PASS, JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED NORTH OF SOUTH 5TH AVENUE AND WEST OF GREENWICH STREET. The Chairman introduced the above - mentioned replat request. Planning and Zoning Director Ronald Burton gave an overview of the above - mentioned replat request. The Commission to hear from anyone present in the audience who wished to speak regarding the above - mentioned request: Speaking For. Brad Bailleaux, 970 Travis, Vidor, TX Speaking Against. NONE B. R12 -27 - REPLAT APPROVAL REQUESTED FOR - TRACTS 4 AND 5 TOGETHER WITH RESERVE "A" 3.902 ACRES OF LAND, REPLAT OF A PORTION OF TRACT 3 OF THE REPLAT TITLED TRACTS 1 2 & 3 OUT OF LOTS 5 & 6. BLOCK 12. RANGE "J ". RECORDED IN CF #2008040510 O.P.R.J.C. , PORT ARTHUR LAND COMPANY SUBDIVISION. RECORDED IN VOL 1 PAGE 22 M.R.J.C. AND A PORTION OF THE RESIDEUE OF PA69. L.P. 38.87 ACRE TRACT RECORDED IN CF #2005024904 O.P.R.J.C., CITY OF PORT ARTHUR . JEFFERSON COUNTY TEXAS (PROPERTY LOCATED NORTH OF JIMMY JOHNSON BOULEVARD AND WEST OF US. HIGHWAY 69). The Chairman introduced the above - mentioned replat request. Planning and Zoning Director Ronald Burton gave an overview of the above - mentioned replat request. The Commission to hear from anyone present in the audience who wished to speak regarding the above - mentioned request: Speaking For. Bob Hodges, Arceneaux & Gates Consulting Engineers, 3501 Turtle Creek Drive, Suite 102, Port Arthur, TX 77642 Speaking Against, NONE Page 1 1 Upon the motion of Commissioner Moore, seconded by Commissioner LeBlanc and carried unanimously, the Planning and Zoning Commission closed the Public Hearing. III. ITEMS REQUIRING ACTION A. APPROVAL OF REPLAT REQUEST Planning and Zoning Director Ronald Burton recommended that replat requests R12 -26 and R12 -27 be approved. The motion was made by Commissioner LeBlanc, seconded by Commissioner Ramirez to accept the Planning Staffs recommendation to approve replat requests R12 -26 and R12 -27. Voting Yes: All Voting No: None. IV. AMENDED REPLAT APPROVAL A. R12 -23 (A) - AMENDED REPLAT APPROVAL REQUESTED FOR - TRACT 6. 1.00 ACRE OF LAND REPLAT OF PART OF LOTS 4 AND 5, BLOCK 12. RANGE "J ". PORT ARTHUR LAND COMPANY SUBDIVISION. CITY OF PORT ARTHUR, JEFFERSON COUNTY. TEXAS (PROPERTY LOCATED SOUTH OF F.M. HIGHWAY365 AND EAST OF MEDICAL CENTER BOULEVARD). The Chairman introduced the above - mentioned request for acceptance. Planning and Zoning Director Ronald Burton recommended that amended replat request R12 -23(A) be approved. The motion was made by Commissioner Ramirez, seconded by Commissioner Moore that amended replat request R12 -23(A) be approved. Voting Yes: All Voting No: None. V. MINUTES - SEPTEMBER 17, 2012 Upon the motion of Commissioner LeBlanc, seconded by Chairman Moore and carried unanimously, the Planning and Zoning Commission approved the above - mentioned minutes. VI. STAFF REPORTS A. Five Year Cycle review for Community Rating System (CRS) B. Rezoning for TOTAL C. Site Plan for new Hotel (U.S. Highway 69) Page 12 V11. ADJOURNMENT OF MEETING Upon the motion by Commissioner Ramirez, seconded by Commissioner Moore and carried unanimously, the Planning and Zoning Commission adjourned their meeting. Richard Cox Chairman Ronald Burton Secretary to the Commission Minutes Approved: Page 13