HomeMy WebLinkAbout(4) PO 6322: REZONING OF TRACT OF LAND OUT OF THE LAMBERT ADDITION (EDISON SITE) --kwes
INTEROFFICE MEMORANDUM
•
TO: FLOYD JOHNSON, CITY MANAGER AND CITY COUNCIL
FROM: PAUL BROWN, SENIOR CITY PLANNER
?e15
SUBJECT: REPORT ON REZONING THE 15.2376 -ACRE EDISON SCHOOL SITE
FROM 2F TO MF OR PD -36 AND CALCULATION OF THE AREA
OWNED BY OPPONENTS OF THE REZONING REQUEST
DATE: 06/20/2013
Background:
The Port Arthur Independent School District has requested that the now
vacant 15.2376 -acre Edison School site [a tract of land out of the
Lambert Addition Subdivision, Volume 5, Page 28, M.R.J.C., City of
Port Arthur, Jefferson County, Texas] be rezoned from 2F (Two Family
Residential) to MF (Multi- Family Residential). The school district seeks
the zoning change in order to sell the tract to the Port Arthur Housing
Authority, which wants to build a single -story townhome development for
senior residents age 62 or older.
The Port Arthur Planning and Zoning Commission held a public hearing
on the rezoning request (Z13-04) on April 15, 2013. At the hearing and
shortly afterward, the planning staff received written notice of opposition
from 12 owners of lots completely within the 200 -foot area around the
site for which the zoning change is requested and from three owners
whose lots are partially within the 200 -foot area.
Recommendation:
Following the April 15 public hearing, the Planning and Zoning
Commission voted to recommend that the City Council approve the
rezoning request.
On May 28, 2013, the City Council held a public hearing on the rezoning
request. At least one "Town Hall" meeting was held before the Council
hearing. At and after that hearing, the City Secretary's Office has
received written notice of opposition from the owners of 24 lots of varying
size that are within the 200 -foot "donut" area. In addition, the owners of
seven (7) lots that are partially within the 200 -foot area provided written
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notice. Combined, these full and partial lots equal 26.53% of the area
within the 200 -foot "donut" around the Edison site. As such, a super -
majority or seven (7) of the nine (9) Council Members must vote to
approve the rezoning request. In other words, the rezoning would fail if
three (3) Council Members vote against the issue.
Budgetary Effect:
Since PAHA is a governmental entity and intends to seek Tax Credit
Financing for the planned senior housing development, the city will most
likely not receive any ad valorem tax revenue from the project.
In an effort to avoid confusion and possible misunderstanding, I'm
attempting to clearly explain my calculation of the area of land owned by
people who have submitted written opposition to the request to rezone
the former Edison School property from 2F (Two- Family) to MF (Multi -
Family) .
In as few words as I can, I'll explain the state statute addressing this
issue and I will attach the complete section of the applicable Local
Government Code to this Council Action Memo.
State law says that unopposed zoning changes require a simple majority
vote of the City Council to grant the zoning change request. However, if
enough property owners within a 200 -foot area around the tract for
which the zoning change is requested submit written opposition to the
change, an affirmative vote of three- fourths ( of the council is
required to grant the requested zoning change. To force the 3 /4th or
super - majority vote, the area of the property owned by those in
opposition must equal or exceed 20% of the land within the 200 -foot area
around the tract in question. The statute also states that the area of all
public street and alley rights -of -way must be included in the 200 -foot
area total.
To determine the square footage of these separate areas, I used several
sources: The Stoneceipher Plat maps gave me the dimension of the
Edison School site and of the lots surrounding the school site. Derrick
Holland used our G.I.S. program and the Auto CAD program to establish
the extent of the 200 -foot line around the school property and the square
footage of the area within that 200 -foot area. Public Works Director Ross
Blackketter double checked the figures to make sure that we were using
the correct values. After that, Pamela Langford surveyed the written
opposition we received and identified the lots owned by those people
submitting opposition. I compiled the information from Mr. Holland, Mr.
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Blackketter and Ms. Langford, added the total of the lot areas and then
calculated the percentage of the area owned by those in opposition.
Here are the numbers: The Edison school property is 980 feet by 677.3
feet, which equals 663,754 square feet, or 15.2376 acres. Mr. Holland
determined that the total area inside the 200 -foot line - including the
area of the Edison School site - is 1,450,548 sq. ft. When the area of the
Edison property (663,754 sq. ft.) is subtracted from the total, the
remaining area outside the Edison site but inside the 200 -foot line (or
the "donut," if you will) is 786,794 sq. ft. As the state statute requires,
the area of the street and alley rights -of -way is included in the 786,794
sq. ft. sum.
The square footage of all the lots owned by the people within the 200 -foot
range who provided written opposition to the rezoning is 209,150 sq. ft.
This figure includes estimates for six (6) lots that are only partially inside
the 200 -foot area. I estimated the applicable area for these six lots
somewhat generously, but not enough to make a half percentage point
difference. So when the total area of the lots of those in opposition, or
209,150 sq. ft., is divided by 786,794 sq. ft., the result equals 26.5825 %,
which is more than the 20% needed to force a super majority vote to
approve the zoning change. As a result, a super - majority, or seven (7)
City Council members must vote to approve the rezoning request. In
other words, the negative votes by three or more council members will
deny the rezoning request.
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Texas Local Government Code
Chapter 211 - General Zoning Regulations
Sec. 211.006 PROCEDURES GOVERNING ADOPTION OF ZONING
REGULATIONS AND DISTRICT BOUNDARIES.
(a) The governing body of a municipality wishing to exercise the authority
relating to zoning regulations and zoning district boundaries shall establish
procedures for adopting and enforcing the regulations and boundaries. A
regulation or boundary is not effective until after a public hearing on the
matter at which parties in interest and citizens have an opportunity to be
heard. Before the 15th day before the date of the hearing, notice of the time
and place of the hearing must be published in an official newspaper or a
newspaper of general circulation in the municipality.
(b) In addition to the notice required by Subsection (a), a general -law
municipality that does not have a zoning commission shall give notice of a
proposed change in a zoning classification to each property owner who would
be entitled to notice under Section 211.007(c) if the municipality had a zoning
commission. That notice must be given in the same manner as required for
notice to property owners under Section 211.007(c). The governing body may
not adopt the proposed change until after the 30th day after the date the notice
required by this subsection is given.
(c) If the governing body of a home -rule municipality conducts a hearing under
Subsection (a), the governing body may, by a two- thirds vote, prescribe the type
i to be given of the time and hearing. Notice place of the public hearin
of notice o p g
g P
requirements prescribed under this subsection are in addition to the
publication of notice required by Subsection (a) .
(d) If a proposed change to a regulation or boundary is protested in accordance
with this subsection, the proposed change must receive, in order to take effect,
the affirmative vote of at least three- fourths of all members of the governing
body. The protest must be written and signed by the owners of at least 20
percent of either:
(1) The area of the lots or land covered by the proposed change; or
(2) The area of the lots or land immediately adjoining the area covered by
the proposed change and extending 200 feet from that area.
(e) In computing the percentage of land area under Subsection (d), the area of
streets and alleys shall be included.
(f) The governing body by ordinance may provide that the affirmative vote of at
least three- fourths of all its members is required to overrule a recommendation
of the municipality's zoning commission that a proposed change to a regulation
or boundary be denied.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 211.007. ZONING COMMISSION. (a) To exercise the powers authorized
by this subchapter, the governing body of a home -rule municipality shall, and
the governing body of a general -law municipality may, appoint a zoning
commission. The commission shall recommend boundaries for the original
zoning districts and appropriate zoning regulations for each district. If the
municipality has a municipal planning commission at the time of
implementation of this subchapter, the governing body may appoint that
commission to serve as the zoning commission.
(b) The zoning commission shall make a preliminary report and hold public
hearings on that report before submitting a final report to the governing body.
The governing body may not hold a public hearing until it receives the final
report of the zoning commission unless the governing body by ordinance
provides that a public hearing is to be held, after the notice required by Section
211.006(a), jointly with a public hearing required to be held by the zoning
commission. In either case, the governing body may not take action on the
matter until it receives the final report of the zoning commission.
(c) Before the 10th day before the hearing date, written notice of each public
hearing before the zoning commission on a proposed change in a zoning
classification shall be sent to each owner, as indicated by the most recently
approved municipal tax roll, of real property within 200 feet of the property on
which the change in classification is proposed. The notice may be served by its
deposit in the municipality, properly addressed with postage paid, in the
United States mail. If the property within 200 feet of the property on which the
change is proposed is located in territory annexed to the municipality and is
not included on the most recently approved municipal tax roll, the notice shall
be given in the manner provided by Section 211.006(a).
(d) The governing body of a home -rule municipality may, by a two- thirds vote,
prescribe the type of notice to be given of the time and place of a public hearing
held jointly by the governing body and the zoning commission. If notice
requirements are prescribed under this subsection, the notice requirements
prescribed by Subsections (b) and (c) and by Section 211.006(a) do not apply.
(e) If a general -law municipality exercises zoning authority without the
appointment of a zoning commission, any reference in a law to a municipal
zoning commission or planning commission means the governing body of the
municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
P.O. No. 6322
06/16/2013 peb
ORDINANCE NO. -
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
PORT ARTHUR BY CHANGING THE ZONING FROM TWO - FAMILY
RESIDENTIAL (2F) TO MULTIPLE - FAMILY RESIDENTIAL (MF) OR TO
PLANNED DEVELOPMENT DISTRICT No. 36 (PD -36) FOR A 15.24 -ACRE
TRACT OF LAND OUT OF THE LAMBERT ADDITION SUBDIVISION, VOLUME
5, PAGE 28, M.R.J.C., CITY OF PORT ARTHUR, JEFFERSON COUNTY,
TEXAS (VIOLATION OF THIS ORDINANCE OR THE ZONING ORDINANCE
OF THE CITY OF PORT ARTHUR IS PUNISHABLE AS PROVIDED IN
CHAPTER 1, SECTION 1 -13 OF THE CODE OF ORDINANCES, AS AMENDED,
BY A 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.
Z13 -04 - PORT ARTHUR INDEPENDENT SCHOOL DISTRICT, OWNER;
PORT ARTHUR HOUSING AUTHORITY, POTENTIAL OWNER; AND ITEX
GROUP, LLC, POTENTIAL DEVELOPER AND CONTRACTOR.
WHEREAS, all the requirements of Article XI of the Charter and the Zoning Ordinance of
the City of Port Arthur, Texas, including the Texas Local Government Code, Sections 211.006
and 211.007 having been fulfilled, the City Council held a public hearing May 28, 2013 at 6
P.M.; and,
I II WHEREAS, the proposed change has 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 from Two - Family Residential (2F) to
Multi- Family Residential (MF) be approved, the City Council fords that it would be in the
public interest and general welfare of the City to change the Zoning designation of the
hereinafter described property to either a) MF or b) PD -36; and,
WHEREAS, pursuant to subsections (d) and (f) of Section 211.006 Texas Local
Government Code, Section 24 -105 of the City Zoning Ordinance requires the affirmative vote
of at least three - fourths of all members of the City Council (i.e., at least seven [7] members) in
order for the proposed change to take effect if the proposed change is protested in
accordance with said subsection (d) or if the City's Planning and Zoning Commission
recommends that the proposed change to a regulation or boundary be denied; now, therefore,
P.O. No. 6322
06/16/2013 peb
Page 2 of 4
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
SECTION 1. That the zoning for the following tract of land be changed from Two -
Family (2F) to either a) Multi - Family (MF) or b) Planned Development District No. 36 (PD-
36) if three- fourths or seven (7) City Council members cast affirmative votes:
A 15.25 -ACRE TRACT OF LAND OUT OF THE LAMBERT ADDITION SUBDIVISION,
VOLUME 5, PAGE 28, M.R.J.C., CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS
SECTION 2. That Planned Development District No. 36 shall permit the following uses:
1. Multi - Family development consisting of townhomes joined by common walls; and
2. Said development meeting all requirements of City Building, Fire, Safety and Health codes; and
3. Said development meeting the following special requirements as determined by the City
Council:
SECTION 3. (DEVELOPMENT STANDARDS)
That all development shall meet or exceed those standards listed in the Zoning Ordinance for
a Multi - Family District, and the following development and appearance standards as
established by the City Council:
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. That 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.
P.O. No. 6322
06/16/2013 peb
Page 3 of 4
SECTION 7. That a ny 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 -14 of the Code of Ordinances, and each day such violation shall be
permitted to exist shall constitute a separate offense.
SECTION 8. That this Ordinance or its caption and penalty shall be published at least
one (1) time within ten (10) days after formal 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. That 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 June, 2013, a Regular Meeting of
the City Council of t h e City of Port Arthur, Texas by the following votes: AYES:
Mayor:
Councilmembers:
Noes:
ATTEST:
Deloris "Bobbie" Prince, MAYOR
Sherri Bellard, CITY SECRETARY
P.O. No. 6322
06/16/2013 peb
Page 4 of 4
APPROVED AS TO FORM:
Val Tizeno, CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
Floyd T. Johnson, CITY MANAGER
Ronald Burton, DIRECTOR OF PLANNING