* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. OKAY, [II. Call to Order] [00:00:06] WE'RE GONNA GO AHEAD AND CALL THE MEETING TO ORDER. THE TIME IS 5 42. UH, ON AUGUST THE, UH, 19TH. WE'LL START WITH A, UM, ROLL CALL OF THE COMMISSIONERS. ROSALYN QUEEN, PRESENT DWIGHT WAGNER. PRESENT JOHNNY BROWN'S PRESENT. SO WE HAVE A QUORUM NOW, [IV. APPROVAL OF MINUTES] APPROVAL OF MINUTES. SO MOVED. I SECOND, THEN MOVED AND SECONDED, UH, FOR APPROVAL OF THE MINUTES. ALL IN FAVOR SAY AYE. AYE. AYE. NO OPPOSITION. [VI. NEW BUSINESS - PUBLIC HEARING ITEMS] NEW BUSINESS PUBLIC HEARING ITEM FOR INDIVIDUAL CONSIDERATION AR 24 17 REPL REQUESTED FOR 0 4 9 2 8 ACRES OF LANDCO. PLEASE GO AHEAD AND YES, SIR. AND CONTINUE. THANK YOU SO MUCH, COMMISSIONERS. THE CASE NUMBER IS R 24 20 OH. THE PROPERTY OWNER IS KEMP AND SONS INCORPORATED. THE APPLICANT IS THE SAME. THE SURVEYORS ARE SALT TECH SURVEYORS. THE PROPERTY IS LOCATED NORTH OF 75TH STREET AND EAST OF SHADOW BEND LANE. JCAD PARCEL NUMBER IS 7 3 4 5 2 AND 1 0 4 2 9 4. OKAY. THE REQUEST TYPE IS AN APPROVAL OF A REPL IN THE PORT ARTHUR LAND COMPANY SUBDIVISION. THE PLANNING IS ZONING COMMISSION IS BEING ASKED TO CONSIDER A REPL REQUEST FOR THE FOLLOWING, A REPL OF PART OF LOTS, 2, 3, 6, AND SEVEN BLOCK 12 RANGE H PORT ARTHUR LAND COMPANY SUBDIVISION, AND ALL OF RESERVE H REPL OF STONEGATE MANOR, SECTION FOUR, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS. THE NEW TRACK NAME WILL BE CHANCE CHANCES COURT, A REPL OF PART OF LOTS, 2, 3, 6 AND SEVEN BLOCK 12 RANGE H PORT ARTHUR LAND COMPANY SUBDIVISION, AND ALL OF RESERVE H REPL OF STONEGATE MANOR, SECTION FOUR, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS. THE LOT DIMENSIONS ARE MULTIDIMENSIONAL. THE TOTAL ACREAGE IS 12.94 ACRES OF LAND. THE CURRENT ZONING IS HIGH DENSITY RESIDENTIAL. THERE IS NO PROPOSED ZONE CHANGE. THE ABUTTING ZONES ARE NORTH AND WEST. LOW DENSITY RESIDENTIAL SOUTH, LOW DENSITY RESIDENTIAL AND COMMERCIAL RETAIL, EAST HIGH DENSITY RESIDENTIAL. THE PURPOSE OF THIS REPL IS TO COMBINE AND DEFINE MULTIPLE PARTS OF LOTS INTO ONE TRACT FOR HIGH DENSITY RESIDENTIAL DEVELOPMENT. AN APPLICATION FOR A REPL WAS SUBMITTED ON TO THE OFFICE OF PLANNING AND ZONING ON JULY 17TH, 2024. THE PURPOSE OF THIS REPL IS TO COMBINE AND DEFINE MULTIPLE PARTS OF LOTS INTO ONE TRACK FOR HIGH DENSITY RES RESIDENTIAL DEVELOPMENT ON THURSDAY, AUGUST 1ST, 2020 4 54. NOTICE NOTICES WERE MAILED TO ADJACENT PROPERTY OWNERS WITHIN A 200 FOOT RADIUS AND PUBLISHED IN THE PUERTO ARTHUR NEWSPAPER A MINIMUM OF 15 DAYS BEFORE THE PNZ PUBLIC HEARING SCHEDULED FOR TODAY, AUGUST 19TH, 2024. AND THAT'S ALL COMMISSIONERS. OKAY, THANK YOU VERY MUCH. SO THIS IS ON CASE NUMBER R 24 DASH 20 ZERO. IS THAT CORRECT? YES, SIR. OKAY, GOOD. UH, SO WE'LL GO AHEAD AND, UH, BEGIN OUR PUBLIC HEARING MOMENTARILY. THE FIRST COMMISSIONER, DID YOU SPEAK INTO THE MIC? COMMISSIONER? I'M SO SORRY. THANK YOU. WE'LL START OUR PUBLIC COMMENTS IN JUST A MOMENT. BUT FIRST COMMISSIONERS, DO YOU HAVE ANY COMMENTS OR QUESTIONS? I HAVE ONE. THE ABUTTING ZONING INFORMATION. MA'AM, WE'RE LOOKING AT COMMERCIAL INCLUDED IN THAT, IN THAT, THAT ZONING. YES, MA'AM. THERE IS A COMMERCIAL LOT THAT BUTS THE PROPERTY IN QUESTION. AND THERE'S ALSO SOME SINGLE FAMILY HOMES THAT ARE LOCATED IN THAT COMMERCIAL LOT BECAUSE BEFORE OUR ORDINANCE CHANGED JANUARY 1ST, 2023, THAT WAS ALLOWED IN THAT DISTRICT BY, RIGHT. SO YES MA'AM, THERE IS, UH, A PORTION OF THE LAND THAT BUTS THE PROPERTY. GO AHEAD. OKAY. THE OTHER THING I HAVE IS THE FACT THAT, UM, [00:05:01] WE ARE BEING ASKED TO REPLANT THIS PROPERTY. YES, MA'AM. WHO IS ON THE OWNER, SPECIFICALLY KEMP AND SONS, INCORPORATED AS THE, THE PROPERTY OWNER AND NOT POUR OFF THE LAND COMPANY. THAT'S THE SUBDIVISION THAT THE LAND IS LOCATED IN. OKAY, THANK YOU. YES, MA'AM. COMMISSIONER W DO YOU HAVE ANY COMMENTS OR QUESTIONS? UM, I'M JUST GONNA LISTEN TO THE COMMENTS BEFORE I ANYTHING MM-HMM, WELL BEFORE WE, UH, ONE OTHER POINT. SO, UM, THE STAFF WANT TO EXPLAIN WHAT IT MEANS TO REPL, I MEAN, WHAT IS THE GENERAL, UM, YES SIR, RULE OF REPLAY. WHAT, WHAT IS IT WE'RE BEING ASKED TO DO? THE PURPOSE, UM, OF TODAY'S MEETING IS TO FOCUS STRICTLY ON THE LOT LINES AND THE WAY THAT THE PROPERTY OWNER WOULD LIKE TO DEFINE HIS LOT. SO TODAY WE ARE FOCUSING ON HOW HE'S GONNA DEFINE THESE TWO LOTS RIGHT NOW. SO THERE ARE TWO SEPARATE LOTS AND HE'S JUST LOOKING TO MAKE THEM TURN THEM INTO ONE LOT FOR HIS DEVELOPMENT. OKAY. YES, SIR. SO THERE IS A PLAN OUTSIDE OF THIS REPL, SINCE HE'S COMBINING TWO LOTS INTO ONE. DO WE KNOW IF THERE IS A PLAN? THERE IS A PLAN, BUT WE ARE, TODAY WE ARE FOCUSED ON THE, UM, REPL ITSELF. THIS, UM, HAS NOTHING TO DO WITH THE PLAN ITSELF. OUR FOCUS IS TO REDEFINE THE LOT LINE SO THAT THIS PROPERTY OWNER AND DEVELOPER CAN, UM, MOVE FORWARD WITH THE DEVELOPMENT OF HIS PROPERTY. SO THERE IS FUTURE DEVELOPMENT. YEAH. YOU JUST DON'T KNOW WHAT IT IS RIGHT NOW, IS THAT CORRECT? NO. WE KNOW THAT HE DID HAVE A PRE-DEVELOPMENT MEETING, BUT THE FOCUS OF THIS MEETING IS TO JUST FOCUS 100% ON THE DEFINITION AND THE DEFINING OF THE LINES FOR HIS PROPERTY. OKAY. YES, MA'AM. ALRIGHT, THANK YOU VERY MUCH. ANY OTHER COMMENTS? COMMISSIONERS? ALRIGHT. UH, WE'LL GO AHEAD AND MOVE FORWARD WITH THE, UH, PUBLIC HEARING PORTION OF OUR MEETING. UH, THOSE WHO, UH, WISH TO SPEAK IN FAVOR WILL BE ASKED TO, TO SPEAK FIRST AND WE'LL GIVE, UM, UH, THREE NOTIFICATIONS OF OPTIONS TO SPEAK AFTER WHICH WE'LL GIVE THOSE WHO WISH TO SPEAK AGAINST THE ITEM, UH, TO GIVE THEM AN OPPORTUNITY TO SPEAK IF THERE ARE ANY. UH, LET ME ASK, WERE THERE ANY LETTERS OR, UH, LETTERS THAT WERE SENT IN, UH, FOR OR AGAINST THIS PARTICULAR ITEM? UM, YES SIR. ONCE YOU GO THROUGH AN X, WHO'S FOR, AND ONCE WE GET TO THE ONES WHO ARE IN OPPOSITION OF THE PROPERTY, I'LL READ THEM INTO RECORD FOR YOU. OKAY. THAT, THAT WILL BE GOOD? YES, SIR. ALRIGHT. FOR THOSE WHO SPEAK, IF YOU'LL STATE YOUR NAME AND YOUR ADDRESS FOR THE RECORD, PLEASE, UH, AS YOU BEGIN YOUR COMMENTS. SO WE'LL START WITH THOSE WHO WISH TO SPEAK IN FAVOR OF THIS ITEM. WOULD YOU PLEASE MOVE FORWARD AND COME FORWARD AND, AND, AND SPEAK ANYONE WHO'S HERE TO WISH TO SPEAK IN FAVOR OF THIS PARTICULAR ITEM. THIRD CALL. IS THERE ANYONE HERE WHO WISH TO SPEAK IN FAVOR OF THIS ITEM? PLEASE COME FORWARD. SIR, STATE YOUR NAME AND YOUR ADDRESS PLEASE. JEREMY MITCHELL, SOUTH TEXAS SURVEYORS AND ENGINEERS. I'M AT 37. 37 DOCTORS DRIVE. I JUST WANT IT KNOWN THAT I AM IN THE AUDIENCE IN CASE THERE'S ANY QUESTIONS THAT DO ARISE. OKAY. THANK YOU SO MUCH FOR YOUR TIME. THANK, THANK YOU VERY MUCH SIR. ALRIGHT. ANYONE ELSE WHO WISHES TO SPEAK IN FAVOR OF THIS PARTICULAR ITEM? ALRIGHT, SO WE'LL MOVE TO THE, THOSE WHO WISH TO SPEAK AGAINST THE ITEM STAFF. YOU'LL STATE YOUR COMMENTS FIRST. YES, SIR. ONE IS A PETITION SIGNED ON AUGUST 12TH, 2024, ADDRESSED IN THE CITY OF PORT ARTHUR AND THE DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES. THE ATTACHER WILL FIND SIGNATURES OF OPPOSED PROPERTY OWNERS WITHIN A 200 FOOT RADIUS OF THE PROPERTY DESCRIPTION. R 24 DASH 20 PROPERTY DESCRIPTION R 24 DASH 20 RELAID REQUESTED FOR 12.94 ACRES OF LAND REPLAY OF PART OF LAST 2, 3, 6, AND SEVEN BLOCK 12 RANGE H PORT ARTHUR LAND COMPANY SUBDIVISION, AND ALL OF RESERVE H REPL OF STONEGATE MANOR, SECTION FOUR, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS. THE PURPOSE OF THIS REPLAY IS TO COMBINE AND DEFINE MULTIPLE LOTS INTO ONE TRACK FOR HIGH DENSITY RESIDENTIAL. OUR CONCERNS ARE HIGH POTENTIAL FOR FLOODING OF HOMES AND STREETS BECAUSE OF HIGHER ELEVATIONS. WHAT ARE YOUR PLANS TO FIX DRAINAGE IN THE AREA? AS ON JIMMY JOHNSON, CAN YOU POSTPONE BUILDING UNTIL EXISTING FLOOD ISSUES ARE CORRECTED. MORE PEOPLE WILL BE IMPACTED WHEN THE STREETS FLOOD. WE EXPERIENCE STREET FLOODING DURING HEAVY OR CONSISTENT RAINFALL. THE DRAIN SYSTEM EVACUATES SLOWLY AFTER LENGTHY HEAVY RAINFALL. THE SEWER BACKS UP AFTER HEAVY RAIN CRIME AS I AS AREA COMPLEXES ARE CURRENTLY EXPERIENCING IN THIS AREA. PRIVACY, INFRINGEMENTS, BACKYARDS VISIBLE BECAUSE HIGHER ELEVATIONS, HIGHER [00:10:01] TAXES, DEPRECIATION OF HOME VALUES. PLEASE SEE THE ATTACHED SIGNATURES AND CONSIDER OUR CONCERNS. THANK YOU. THE SIGNATURES OF THE OWNERS NEAR CASE ARE 24 DASH 20, ERICA LOPEZ, RICHARD AND KATHLEEN MENDOZA. LOW TNN AND MAYRAN 81 25 POINT DRIVE. I BELIEVE THE LA THE NAME MAY BE BRENDA CRAIG. BUT JUST FOR THE RECORD, THE ADDRESS IS 8 1 25 POINT DRIVE. SEAN DALEY. 8 1 2 4 5 POINT DRIVE. 8 1 3 2 5 POINT DRIVE. STEVEN CAREY MICHAEL BOTLEY, 8 0 4 5 5 POINT DRIVE. 8 0 4 6 FIREPOINT DRIVE, JERRY CRUSH, MAYBE JOYCE FONT. NO. 8 0 3 6 FIREPOINT DRIVE. 8 1 3 5 FIREPOINT DRIVE, 4 1 1 3 TIMBER LEAF COURT 4 1 0 1 TIMBER LEAF COURT, MARLO ROCHA GWENDOLYN SIMMONS, 4 1 0 7 TIMBER LEAF COURT, ALEJANDRO BERA 7 7 4 5 HONEYWOOD TRAIL. KENNETH JOSEPH, JUST IN CASE THAT'S NOT CORRECT. 7 8 0 5 HONEYWOOD TRAIL, SPARKLE PORTER, 7 8 5 0 HONEYWOOD TRAIL. DARIUS CARTER, 7 9 0 5 0.79005 POINT DRIVE. ABRAHAM RICHARD 2 9 2 0 FRY POINT DRIVE JAMES SNY GRASS 7 9 3 0 5 POINT DRIVE. CRYSTAL SEYMOUR 7 7 2 5 HONEYWOOD TRAIL, LEONARD ROCKPORT, 8 1 1 7 FIREPOINT DRIVE WIN AND TWEETING A WIN 8 1 1 6 5 POINT DRIVE POINT FIREPOINT ELENA MEEZ 8 1 2 8 FRI 8 1 2 8 FRIAR DRIVE, VICTOR OCHOA, 8,000 FRY POINT TRAN 8 0 1 6 FRY POINT RED AND TRAIN 8 0 0 5 FRY POINT DRIVE. AND AGAIN, COMMISSIONERS, WE WILL GO BACK OVER THESE NAMES. UM, WE DO HAVE A LIST OF PROPERTY OWNERS. THIS IS JUST THE PETITION ITSELF. KIMBERLY LEWIS, 7 8 3 0 5 POINT DRIVE. GEORGE AGUILERA 7 7 3 5 HONEYWOOD TRAIL, BARDO 8 1 0 1 5 POINT. MICHAEL CAN 7 8 8 0 HONEYWOOD TRAIL. FELIX 3 9 0 1 JIMMY JOHNSON F TAT 8 1 0 0 FRY POINT XAY TAT 8 1 0 1 FRY POINT FE. WHOS TAT 8 0 2 5 FRY POINT. CHARLES LEE, 7 7 6 5 NINTH AVENUE. HEATHER BROOK APARTMENTS. BRIANNA RIGGS, 7 9 0 0. HEATHER BROOK TRAIL AND DALE BAHARA. 3 9 0 1 70 FIFTH STREET. AND AGAIN, COMMISSIONERS. WE DO HAVE, UM, THE PROPERTY OWNER LIST ON FILE OF ALL PROPERTY OWNERS. SO THAT IS ONE LETTER OF OPPOSITION, WHICH IS IN THE FORM OF A PETITION. MR. MR. WAGNER? YES. UM, MS. S THAT'S QUITE A LIST OF NAMES, OBVIOUSLY. YES. FOR CLARITY. DID I HEAR YOU SAY THAT THIS GROUP OF PETITIONERS WERE NOT AGAINST THE PROJECT, THEY'RE ASKING THAT IT BE POSTPONED BECAUSE THEY NEED TO GET ASSURANCE ON FLOODING. WHAT POSSIBLE FLOODING THAT CAN TAKE PLACE BEFORE THIS PROJECT IS, IS BEGUN? UM, IS IS THAT WHAT I HEARD? UM, THEY DID HAVE MANY CONCERNS, BUT RIGHT NOW WE JUST GONNA READ. WE'RE GONNA READ OVER IT. LISTEN TO ALL THEIR CONCERNS. UM, FIRST, DID DID I HEAR THE WORD POSTPONE THOUGH? I MEAN THAT, UM, I THOUGHT I HEARD HIM SAY THEY WANT TO POSTPONE IT. MR. WAIT, LEMME ASK A DIFFERENT WAY. ARE YEAH, ARE THERE ANY PEOPLE WHOSE NAMES WERE CALLED IN THIS AUDIENCE? I THOUGHT THERE MAY BE . I THOUGHT I SAW A COUPLE OF PEOPLE WHOSE NAMES I GO AHEAD, CONTINUE. BUT YES, SIR. UM, BECAUSE I, WHAT I WAS GOING TO DO IS ASK IF THEY WISH TO, WISH TO GO AHEAD AND MAKE COMMENT AS WELL. ONCE WE, WE STILL HAVE, UH, A FEW MORE LETTERS AND THEN THEY, OH, WE'LL OPEN THE FLOOR AND, UM, BY LAW WE HAVE TO READ 'EM ALL INTO RECORD. OKAY. THAT'S FINE. PLEASE. NO PROBLEM. FROM PAUL LANDRY TO LARRY BATON, OUR LETTER OF PROTEST [00:15:01] FOR HIGH DENSITY RESIDENTIAL COMPLEX TO BUILD BETWEEN HEATHER BROOK TRAIL AND HONEYWOOD TRAIL IS THE SUBJECT. THIS IS OUR LETTER OF PROTEST. MY HUSBAND AND I CURRENTLY OWN A HOME AT 8 1 3 5 FRY POINT DRIVE, PORT ARTHUR, TEXAS 7 7 6 4 2. OUR NEIGHBOR MADE US AWARE THAT THE CITY OF PORT ARTHUR PLANNING AND ZONING COMMISSION SENT A NOTICE TO PICK UP A, TO PICK UP A CERTIFIED LETTER CONCERNING A MEETING ON MONDAY, AUGUST 19TH, 2024 AT 5:30 PM TO DISCUSS A REPL OF A GROUP OF LOTS TO BE PLATTED INTO ONE TRACK TO BUILD A HIGH DENSITY, HIGH DENSITY RESIDENTIAL COMPLEX LOCATED NORTH OF 75TH STREET AND EAST OF SHADOW BEND LANE, JCAD PARCEL NUMBER 7 3 4 5 2 AND 1 0 4 2 9 4. IT IS OF THE GREATEST CONCERN TO US TO FIND OUT. THE NEW CITY BUILDING CODE WILL REQUIRE A FOOT FIVE FOOT ELEVATION ABOVE THE FLOOD BASE TO BUILD THE COMPLEX, WHICH MOST LIKELY WILL INCREASE THE EXISTING FLOOD ISSUES IN OUR NEIGHBORHOOD AND OTHER STREETS AROUND US. OUR FIRST FRIGHTENING EXPERIENCE OF HOW RAPIDLY THE STREET FLOODS AND HOW SLOW IT DRAINS ON FRIED DRIVE FRY POINT DRIVE WAS ON AUGUST 19TH, 2019 WHEN TROPICAL STORM EEL HIT. WE HAD STARTED MOVING INTO OUR NEWLY PURCHASED HOME. IT WASN'T JUST THE STREET THAT FLOODED, BUT IT STARTED UP OUR DRIVEWAY. THEN ON MOTHER'S DAY THIS YEAR, MAY, 2024, OUR STREET FLOODED SO BADLY, WE WERE UNABLE TO LEAVE IN OUR CAR FOR A PERIOD OF TIME. WE RE WE RECEIVED THREE INCHES IN 15 TO 20 MINUTES. MY THOUGHTS WERE, WILL THE WATER RECEIVE FOR US TO DRIVE OUT, OR DO I NEED TO THINK ABOUT PREPARING TO WAIT OUT OF HERE BECAUSE I DON'T KNOW WHEN THE RAIN WILL LET UP AND IF IT WILL CONTINUE UP OUR LAWN TOWARD OUR HOME. THIS IS ONLY NAMING TWO OF THE MANY TIMES IN THE FIVE YEARS WE HAVE LIVED HERE OF THE POOR DRAINAGE AND FLOODED STREETS. THE CITY COUNCIL MEETING ON JULY 30TH, 2024 DISCUSSED THAT THIS COMPLEX WILL SHARE THE SAME DRAINAGE THAT WE ARE CURRENTLY, THAT WE CURRENTLY HAVE, WHICH IS ALREADY INADEQUATE FOR THE EXISTING RESIDENCE AND STREETS. ALSO, WHY WOULD THE CITY OF PORT ARTHUR APPROVE THE BUILDING OF HIGH DENSITY RESIDENTIAL COMPLEX WHEN THEY HAVE NEVER DONE ANYTHING ABOUT THE EXISTING FLOODING AND DRAINAGE ISSUES THAT STILL REMAIN FROM HARVEY? IN AUGUST, 2017, THE CURRENT $67 MILLION EXPANSION TO HELP INCREASE DRAINAGE BEING DONE ON JIMMY JOHNSON NEAR HIGHWAY 69 WILL ONLY BENEFIT THE AREA AROUND THE GOLF COURSE AND NOT HELP THE DRAINAGE AND CURRENT FLOODING ISSUES THAT WE ARE EXPERIENCING WHERE WE LIVE AND WHERE THIS LARGE COMPLEX IS PLANNING TO BUILD. WE FEEL THAT THE CITY OF PORT ARTHUR NEEDS TO FIX THE CURRENT ISSUE OF OF GETTING THE WATER TO THE PUMPS TO CORRECT THE STREET AND HOME FLOODING ISSUES BEFORE ALLOWING ANY OTHER LARGE DEVELOPMENT TO BE BUILT THAT WE THAT WILL BE ELEVATED FIVE FOOT ABOVE THE FLOOD BASE. WHY WOULD ANY DEVELOPER THAT HAS DONE HIS HOMEWORK CHOOSE TO INVEST THE AMOUNT OF MONEY IT WILL TAKE TO BUILD A COMPLEX OF THIS MAGNITUDE IN THE AREA THAT HAS THE POTENTIAL TO FLOOD DUE TO THE ALREADY POOR DRAINAGE? THE COMPLEX WOULD COMPLEX WOULD BE CO CONTRIBUTING TO FLOODING IT EXISTING STREETS AND HOMES. BECAUSE WE'RE SHARING OUR CURRENT DRAINAGE SYSTEM. NO MATTER HOW MANY ACRES OF RETENTION PONDS FOR DRAINAGE THE CITY REQUIRES THE DEVELOPERS TO INSTALL TO COLLECT THE WATER. A COMPLEX OF THIS MAGNITUDE ONLY MAKES IT MORE LIKELY TO INCREASE FLOODING TO OUR STREETS INTO OUR HOMES. WHEN THE STREET FLOODS RAPIDLY AND THE USUAL DRAINAGE IS SLOW, THERE'S ALWAYS A POSSIBILITY THAT PEOPLE CANNOT LEAVE THEIR HOMES IN THEIR VEHICLES DUE TO THE DANGER OF LIVES AND SEVERE DAMAGE TO THEIR VEHICLES. THIS MAKES IT POSSIBLE TO BE TRAPPED IN OUR HOME FROM RISING WATER. ANOTHER FACT IS, SINCE THIS WILL BE A HIGH DENSITY RESIDENTIAL COMPLEX THAT WILL BACK UP THE EXISTING HOMES ALONG FRY POINT DRIVE, THEY WILL LOSE THE PRIVACY OF THEIR BACKYARDS WITH THE COMPLEX ELEVATED ABOVE THEIR HOMES. OUR SINCERE CONCERNS, PAULA AND CRAIG LANDRY. DEAR COMMISSIONERS, I WRITE AS PRESIDENT AND CEO OF THE I TEX GROUP, LLCI TEX, WHICH IS A HOUSING OWNER AND OPERATOR WITH LONGSTANDING TIES TO JEFFERSON COUNTY AS AN ADJACENT LANDOWNER AND OPERATOR OF HEATHER BROOK APARTMENTS, 7,900 HEATHER BROOK TRAIL. I AM WRITING TO FORMALLY OPPOSE THE ABOVE REFERENCE APPLICATION TO REPL A CERTAIN 12.94 ACRE TRACT FOR HIGH DENSITY RESIDENTIAL, WHICH IS SET FOR PUBLIC HEARING THIS EVENING BEFORE THE ZONING COMMISSION. AS THE COMMISSION IS AWARE, THE PROPOSED REPL ACREAGE IS CURRENTLY FORESTED GREEN SPACE, WHICH IS PROTECTED FROM DEVELOPMENT AS WETLAND AND ALSO SERVES AS A VITAL WATER RUNOFF RESERVOIR DENSE STEP DENSE DEVELOPMENT OF THIS TRACK WOULD INCREASE ACRES OF NEW IMPERVIOUS GROUND COVER AND DRASTICALLY INCREASE THE FLOOD RISK BOTH TO RESIDENTS OF THE NEW COMMUNITIES IN ALL NEARBY HOMES AND BUSINESSES. FURTHER BUILDING HUNDREDS OF NEW APARTMENT UNITS ON THE TRACK WAS SIGNIFICANTLY [00:20:01] WORSE IN TRAFFIC CONGESTION ON FRY POINT DRIVE, HEATHER BROOK TRAIL AND JIMMY JOHNSON ROAD. IN ADDITION TO THE RESULTING TRAFFIC IMPACT AND INCREASED FLOOD RISK, I BELIEVE THAT THE CITY IS ACTUALLY IN NEED OF ADDITIONAL SINGLE FAMILY ROOFTOPS AND THE VALUE AND THE VALUES SUCH HOME OWNERSHIP WOULD AFFORD TO CITIZENS OF THIS COMMUNITY. ACCORDINGLY, I RESPECTFULLY ENCOURAGE THE COMMISSION TO DENY THE REPLANT REQUEST. VERY TRULY YOURS, CHRISTOPHER, A AKBARI SUBJECT LETTER OF PROTEST OPPOSITION, PROPERTY OWNERS NEAR CASE R 24 DASH 20. I AM A PROPERTY OWNER WITHIN 200 FOOT OF THE SUBJECT PROPERTY DESCRIPTION BELOW R 24 DASH 20 REPL REQUESTED FOR 12.94 ACRES OF LAND REPL OF PART OF LOTS, 2, 3, 6, AND SEVEN BLOCK 12 RANGE H PORT ARTHUR, THE LAND COMPANY SUBDIVISION IN OLIVE RESERVE, H REPL OF STONEGATE MANOR, SECTION FOUR, CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS. PROPERTY IS LOCATED NORTH OF 75TH STREET AND EAST OF SHADOW BEND LANE. JCAD PARCEL NUMBER 7 3 4 5 2 AND 1 4 1 0 4, EXCUSE ME, 2 9 4. AND THE PURPOSE OF THIS REPL IS TO COMBINE AND DEFINE MULTIPLE PARTS OF LIVES INTO ONE TRACK FOR HIGH DENSITY RESIDENTIAL. I AM PROTESTING THE REPL REQUESTED IN THE ABOVE DESCRIPTION. I DON'T WANT THIS HIGH DENSITY RESIDENTIAL CONSTRUCTION R 24 DASH 20 REPL BECAUSE INCREASED TAXES, CRIME, DEPRECIATION OF HOME VALUES, TRAFFIC, LARGE COMMERCIAL VEHICLES, TRAFFIC OF THE LARGE FROM THE LARGE COMMERCIAL VEHICLES, SORRY, TRASH, ADDITIONAL FLOODING DUE TO HIGHER ELEVATIONS, WHICH WILL ADD TO INCREASED STREET FLOODING AND HOME FLOODING. PLEASE CONSIDER MY OPPOSITION AGAINST REPL REQUESTS R 24 DASH 20. THANK YOU. AARON T. LOPEZ, 8 1 3 6 FIREPOINT, DR. FRIAR POINT DRIVE, PORT ARTHUR, TEXAS 7 7 6 4 2. AND THOSE ARE ALL OF THE LETTERS, PHYSICAL LETTERS AND EMAILS THAT WE RECEIVED FROM OPPOSING PROPERTY OWNERS. OKAY, MAY I ASK PLEASE? UM, I ASKED EARLIER AFTER THE FIRST LETTER WAS READ, WAS READ WHETHER THERE WERE ANY, UH, UH, MEMBERS OF THE COMMUNITY WHO WERE PRESENT, WHOSE NAMES WERE CALLED SINCE THAT TIME. UH, SHE'S READ A A FEW OTHER LETTERS. ARE THERE OTHERS WHOSE NAMES WERE CALLED THAT WERE NOT RECOGNIZED EARLIER? SEVERAL OF YOU. WELL, AS, UH, COMMISSIONER WAGNER SAID THAT'S, THAT'S A, THAT'S A VERY, UM, STRONG, UM, INDICATION FROM THOSE WHO WERE PRESENT OF THE, OF THE DISAGREEMENT OF ABOUT OUR MOVING FORWARD. UH, SO HOW MANY OF YOU PLAN TO SPEAK TO COME TO THE MIC TO SPEAK, TO ADD TO WHAT HAS ALREADY BEEN WRITTEN? OKAY, SEVERAL. OKAY. I WOULD, UH, I DO HAVE A QUESTION. YES, MA'AM. GO AHEAD. COMMISSIONER. COMMISSIONER, COMMISSIONER QUEEN. THE OTHER THING I NEEDED TO KNOW AFTER THIS VOTE AS FAR AS A REPL IS CONCERNED, WILL THERE BE ANOTHER PLANNING AND ZONING COMMISSIONER'S MEETING FOR ANYTHING ELSE REGARDING THIS PROPERTY? NO, MA'AM. WE, UM, YOU ALL ARE TO JUST FOCUS ON THE REPLANT. UM, BEING THAT THE PROPERTY IS ALREADY ZONED FOR WHAT THE PROPERTY OWNER IS TRYING TO CONSTRUCT. WE HAVE ALREADY MET IN PRE-DEVELOPMENT WITH DRAIN DIDI DRAINAGE DISTRICT SEVEN AND OTHERS WITHIN THE CITY, UM, TO LET HIM KNOW WHAT IT IS THAT HE NEEDS TO DO TO BRING HIS, BUILD HIS CONSTRUCTION UP TO CITY STANDARDS. NOW, WE DO KNOW THAT THAT PLANNING, UH, AND DEVELOPMENT MEETING IS OPEN TO THE PUBLIC. AM I CORRECT? NO, MA'AM. OKAY. SO THESE RESIDENTS HAVE NO IDEA WHAT WENT ON IN THAT PLANNING AND DEVELOPMENT MEETING? WELL, BY LAW HE IS, UM, HE CAN HAVE THE DEVELOPMENT THERE BECAUSE OF THE WAY THE ZONING MAP IS, IT'S ALREADY ZONED LEGALLY FOR THAT DEVELOPMENT. OUR JOB IS TO SIMPLY, EACH DIVISION AND DEPARTMENT IS TO LET HIM KNOW IN THAT AREA AND OUR BUILDING OFFICIALS THERE AS WELL TO ADDRESS FLOOD ZONES AND THOSE ISSUES. DD SEVEN IS THERE TO ADDRESS DRAINAGE. WE GIVE HIM OUR RECOMMENDATIONS, OUR PROFESSIONAL RECOMMENDATIONS OF WHAT HE NEEDS TO DO TO MAKE SURE HIS DEVELOPMENT DOES NOT GO AGAINST CITY CODE AND STANDARDS. SO WILL THOSE RESIDENTS AT SOME POINT BEFORE THEY START DEVELOPING THAT PROPERTY, GET TO UNDERSTAND EXACTLY WHAT HAPPENED? DO THEY [00:25:01] ARE, DO THEY HAVE A RIGHT TO KNOW? I MEAN, I, I MEAN THIS, LET'S FOCUS ON THE, UM, REPLAY ITSELF. I GET THAT BECAUSE WE STILL NEED TO GET THE COMMENT, BUT THEY'RE NOT HERE TO JUST HEAR ABOUT A REPLAY BUT'S WHAT THE MEETING IS FOR. I KNOW BY LAW WE HAVE TO, WE HAVE 30 DAYS TO FOCUS ON THE DEFINITION, THE DEFINING OF THE LINES. THE DEVELOPMENT ITSELF IS NOT OUR CONCERN AT THIS MEETING YOU ALL ADDRESS WHEN WILL EVER BECOME THE CITY'S CONCERN? WELL, YOU ADDRESS THE DEFINITION OF THE PROPERTY LINES. THAT'S IT. OUR EXPERTISE IN THIS MEETING IS TO FOCUS ON THE PROPERTY LINES BY LAW. WE CAN BE GOING AGAINST THE LAW IF WE VOTE AGAINST WHAT WE ARE HERE TO FOCUS ON. AND THAT IS THE DEFINITION OF THE LOT LINES THAT IS ALREADY LEGALLY ZONED FOR THIS DEVELOPMENT. SO THE RESIDENTS HAVE NO OTHER WAY TO EXPRESS THEIR DISLIKE FOR THIS REPL. BUT HERE, AM I RIGHT. THEY CAN EXPRESS, UM, THEY CAN EXPRESS WE ARE IN THE OPPOSITION PHASE OF THE REPL SO THEY CAN ADDRESS IT FOR THE RECORD. OKAY. BUT LEGALLY, LET ME INTERRUPT FOR A SECOND. YES, MA'AM. MR. MADON, DO YOU HAVE A COMMENT TO MAKE AS WELL ABOUT WHAT'S GOING ON? GOOD EVENING COMMISSIONERS. I'M LARRY BATON. I'M THE MANAGER OF, UH, PLANNING AND DEVELOPMENT SERVICES. UH, ARIES IS CORRECT. WE ARE ONLY HERE TO FOCUS ON A SIMPLE REPL, THE DEVELOPER, SINCE IT IS IN A ZONE THAT'S MULTIFAMILY, HE CAN PUT A MULTIFAMILY, UH, UH, UH, COMPLEX THERE. NOW, HE HAD TO MEET WITH EVERYONE IN THE PRE-DEVELOPMENT MEETING, THE ZONING, UH, WATER DEPARTMENT, FIRE DEPARTMENT. AND AT THAT POINT, EVEN THE BUILDING OFFICIALS AS WELL AS DD SEVEN AND OUR ENGINEERING DEPARTMENT AT THAT TIME, WE GAVE THEM ALL THE INFORMATION THEY NEEDED TO PURSUE HIS, HIS, UH, HIS PROJECT. IF HE MEETS ALL THOSE THINGS, WHICH HE HAS, I BELIEVE HE DID GET A, UH, UH, A PERMIT FROM DD SEVEN. OUR ENGINEERING DEPARTMENT DID LOOK AT IT AND OKAYED THE DRAINAGE. SO IF HE MEETS EVERYTHING, HE CAN PURSUE HIS PROJECT. WE CAN'T STOP HIM. IF IT WAS A REZONING, YES, WE COULD, UH, OFFER SOME DIFFERENT TYPES OF VIEWS ABOUT WHAT HE COULD AND COULD NOT DO. BUT IT'S NOT A REZONING. THIS IS JUST A REPLAY. AND HE, HE, HE'S IN HIS LEGAL RIGHT TO PUT A MULTIFAMILY OR WHATEVER HE WANTS TO DO THAT GOES INTO A MULTIFAMILY ZONE AT THAT PROPERTY. WELL, HERE'S, HERE'S THE OTHER, UH, UH, REASON THAT I ASKED YOU TO SPEAK. BOTH OF YOU SPEAK, HAVE, HAVE, HAVE, UH, HAVE ADDRESSED PART OF MY CONCERNS. YEAH. I I, UM, FROM TIME TO TIME, WE'RE IN A POSITION WHERE WE'RE TOLD WE HAVE NO CHOICE. YOU DIDN'T SAY IN THOSE WORDS, BUT THAT'S KIND OF WHAT I GOT AT WHAT YOU JUST SAID. SO, SO, SO IF THAT'S THE CASE, WHAT'S THE PURPOSE OF OUR MEETING? WELL, EXCUSE, EXCUSE ME. Y'ALL DON'T, DON'T HELP US . JUST HOLD ON. NO, IT'S OKAY. SO WHAT WE DO WHEN WE GET THE REPL, WE OPEN THE ORDINANCE AND WE MAKE SURE THAT THOSE LOT LINES AND THOSE RIGHT OF WAYS, EVERYTHING, OR IN ACCORDANCE WITH OUR LOCAL GOVERNMENT CODE. SO YOUR, HOLD ON, HOLD ON A SECOND. I'M, I'M SORRY. I I'M SO GLAD TO SEE EVERYBODY, BUT, BUT, BUT WE HAVE TO BE CAREFUL TO ALLOW ONE PERSON TO SPEAK AT A TIME. PLEASE GO AHEAD. YES, SIR. SO ONCE WE REVIEW THE REPLAY ITSELF, EVERYTHING CONFORMS WITH WHAT THE LOCAL GOVERNMENT AND THE STATE CODE SAYS LEGALLY BY LAW, WE HAVE TO BRING IT TO YOU NOW TO OVERVIEW IT, LOOK OVER IT, AND AS YOU ALL DO, HAVE A COPY OF YOUR ORDINANCE TO SEE, OKAY, GO TO THE HIGH DENSITY RESIDENTIAL SECTION, WHICH IS LOCATED IN SECTION 2.03, SECTION D, AND MAKE SURE HE MEETS ALL THE MINIMUM LOT REQUIREMENTS, THE DEATH REQUIREMENTS AND ALL SETBACK REQUIREMENTS AS DEFINED ON THE SURVEY. AND THEY ALL MEET THOSE REQUIREMENTS. SO IT'S ALMOST LIKE HAVING ONE PERSON REVIEW IT, STAMP IT TO MAKE SURE IT ALIGNS, AND THEN WE HAVE TO BRING IT TO COMMISSION. AND THEN YOU ALL REVIEW IT AS WELL. WELL, THE TWO, THE OTHER TWO COMMISSIONERS HAVE BEEN VERY CLEAR IN THEIR QUESTIONS ABOUT THE PROJECT. WE, WE'VE, THIS IS THE MOST PEOPLE WE'VE HAD IN AGREEMENT, IN AGREEMENT ABOUT SOMETHING IN QUITE A WHILE. SO, SO I, I'M, I'M JUST TRYING TO UNDERSTAND WHAT, WHAT IS, WHAT COULD IT BE THAT WOULD HAVE THAT MANY PEOPLE IN AGREEMENT AND PORT ARTHUR, TEXAS ABOUT ANYTHING? PEOPLE CAN LOOK AT A COLOR AND SAY, BROWN, SOMEBODY SAYS IS, IS, IS IS BRONZE? MM-HMM. . BUT TO HAVE THAT MANY PEOPLE AGREE ON SOMETHING, I, I WANNA MAKE SURE I PAY ATTENTION. AND WE WANNA MAKE SURE WE'RE PAYING ATTENTION TO WHAT THE [00:30:01] ISSUES ARE THAT THEY'RE CONCERNED ABOUT. RIGHT. I BELIEVE THEIR CONCERN IS THE DEVELOPMENT ITSELF. BUT OUR JOB AGAIN, IS JUST TO FOCUS ON THE DEFINING OF THE LOT LINES. WE ARE JUST TAKING TWO LOTS AND MAKING IT ONE. SO, SO, SO WHAT'S MY ROLE THEN IN THIS PROCESS TO VOTE WITHIN WHAT THE LAW STATES THAT WE SHOULD DO? WHICH, WHICH MEANS YES, I VOTE YES. WILL I AGREE OR NOT? 'CAUSE I'M NOT, LEMME JUST SAY I, I'M, I'M, I'M NOT TRYING TO GRANDSTAND HERE. YES. BUT I'M NOT GONNA VOTE FOR SOMEBODY I DON'T AGREE WITH. RIGHT. AND SO FAR I'M NOT, I MEAN, I HAVEN'T HEARD THE PUBLIC YET. YES. BUT I'VE HEARD THOSE, I'VE HEARD I'VE, I'VE HEARD WHAT YOU JUST SAID. MM-HMM. AND I, AND, AND, AND I HAPPEN TO BELIEVE, BASED ON WHAT I'VE HEARD AND THE REACTION, SOME PEOPLE LOOKING AT, AT LOOKING AT US LIKE, LIKE, LIKE THEY'RE, LIKE, THEY'RE ANGRY. I MEAN, IT'S, IT'S, IT'S INTERESTING, BUT NO, IT'S OKAY. THEY'RE CONCERNED. BUT THERE, BUT THERE'S A REASON WHY. YES. AND I'M TRYING TO UNDERSTAND IT IN THE CONTEXT OF WHAT IS MY ROLE TODAY, OF WHAT I'M RESPONSIBLE. BUT THEN IF I'M TOLD I DON'T HAVE A CHOICE, THEN LET'S JUST CLOSE THE MEETING. NO, YOU'RE NOT BEING TOLD YOU DON'T HAVE A CHOICE. WHAT WE'RE, WHAT YOU'RE BEING, WHAT WE'RE LETTING YOU KNOW IS THAT BY LAW, WHAT THIS ORDINANCE SAYS IS THAT THE DEVELOPER MEETS ALL OF THESE REQUIREMENTS BY LAW. SO WE HAVE TO PASS IT BECAUSE HE MEETS THE REQUIREMENT. AGAIN, THIS IS JUST THE DEFINITION. YOU, YOU'RE, YOU'RE, YOU'RE IN A DIFFICULT DEFINITION OF THE YOU'RE D POSITION BECAUSE YOU JUST STATING THE LAW. AND I APPRECIATE THAT. YES. IT'S JUST THE DEF IT'S JUST THE LINES, NOT THE, YOU'RE THE ONE. IF YOU JUST TAKE , IF YOU TOOK THE APARTMENT COMPLEX AWAY AND DIDN'T FOCUS ON THE APARTMENT COMPLEX, HE COULD LEGALLY JUST PUT HIS LAND TOGETHER. YOU KNOW, SOMETIMES WHEN THE CASE COMES AND SAYS, UM, A REPL FOR FUTURE DEVELOPMENT, WE DON'T KNOW WHAT IT IS YET. BUT BY LAW HE CAN REPL HIS PROPERTY. IT'S JUST THAT IN THIS CASE, HE'S JUST HERE TO FOCUS ON THE LINES. YES, WE KNOW THERE'S GONNA BE A DEVELOPMENT. BUT BY LAW, IF HE MEETS ALL THESE STANDARDS FOR THE CITY, WE, BASED ON WHAT THE BOOK SAYS IN BLACK AND WHITE, WHAT IT SAYS, . SO WHAT HAPPENS IF WE DON'T APPROVE IT, THEN WE COULD PROBABLY BE FACING SOME LEGAL ISSUES. MEANING WHAT? BY LAW, HE HAS THE RIGHT TO REPL HIS PROPERTY. OKAY. DR, GO AHEAD, DR. BROWN. EXCUSE ME. GO AHEAD. BACK ME UP. MS. S UH, MY QUESTION OF COURSE IS, UM, IF WE QUOTE, FOLLOW THE LAW AND VOTE TO ALLOW THE REPL, AM I CORRECT THAT THIS BODY, THE PETITIONERS THE PEOPLE WHO ARE DISSATISFIED WITH THE PROJECT, THEY STILL HAVE ANOTHER LEVEL THAT THEY CAN GO TO? THEY CAN GO TO THE CITY COUNCIL? AM I RIGHT OR WRONG? IF WE, THAT'S WHY I'M ASKING THE QUESTION FOR CLARIFICATION. CAN THEY TAKE THIS FURTHER FROM THIS MEETING IF THEY ARE RE OPPOSED TO THE PROJECT? OKAY, I'M GONNA READ THIS FOR YOU. COMMISSION JUST TO, AND AGAIN, WE'RE GOING BACK TO BLACK AND WHITE. OKAY. SECTION 2.2 0.009 A, THE MUNICIPAL AUTHORITY RESPONSIBLE FOR APPROVING PLATS SHALL APPROVE, APPROVE WITH CONDITIONS OR DISAPPROVE A PLAT WITHIN 30 DAYS AFTER THE DATE THE PLAT IS FILED. IF THE PLAT IS NOT DISAPPROVED OR APPROVED WITHIN THE PERIOD, THE PLAT IS CONSIDERED APPROVED BY MUNICIPAL AUTHORITY. SO YOU STILL HAVE 30 DAYS. AND IF IT'S NOT, IF THE CASE IS NOT TURNED AROUND IN 30 DAYS, THEN IT'S AUTOMATIC APPROVAL. BUT YOU DON'T WANNA FACE ANY LEGAL ISSUES BECAUSE BY LAW WE HAVE TO SAY HE, WE CAN PASS THIS BECAUSE HE MEETS ALL THE MINIMUM REQUIREMENTS. AND HE DOES. AND WE HAD THE PRE-DEVELOPMENT MEETING AND HE DID. BUT IF WE SAY THAT YOU CAN'T DO IT BECAUSE WE DON'T WANT IT, THE THE DEVELOPMENT OR THE FOCUS ISN'T THE DEVELOPMENT, IT'S JUST THE DEFINITION OF HIS LINES. MM-HMM. HIS PROPERTY BOUNDARIES. THAT'S IT. NOT THE DEVELOPMENT ITSELF. SO WE'RE JUST VOTING AS TO WHETHER OR NOT HE'S FOLLOWED THE GUIDELINES, SO TO SPEAK, OF THE REPL. THAT'S IT, OF THE REPLAY. SO ACTUALLY THE CITIZENS AT THIS TIME HAVE NO RECOURSE. LET'S, UH, LET'S GET THE, UM, THE, THE OPPOSITION FROM THE CITIZENS ON THE RECORD, PLEASE, DR. BROWN, IF YOU DON'T MIND. SO WE CAN MAKE SURE WE HEAR WELL. I MIND, WELL, I DON'T MIND ALWAYS. I DON'T WASTE MY TIME OR THEIRS EITHER. YEAH. AND SO FAR I'M NOT CONVINCED THAT, WELL, I'M NOT COMFORTABLE. OKAY. UH, YOU KNOW, CON CONSIDERING SOMETHING AS THOUGH I DON'T HAVE A CHOICE. I MEAN, I HEAR WHAT YOU NO, YOU HAVE A CHOICE. IT JUST HAS TO ALIGN WITH THE LAW. WELL, THERE'S STILL NO CHOICE. THAT'S NOT A CHOICE. I, I, I RESPECT YOU AND I RESPECT HIM, AND I APPRECIATE, I RESPECT YOU. I, I APPRECIATE THE OP, THE, THE, UH, THE POSITION I'M IN. SO I'M GONNA MOVE FORWARD WITH IT. BUT, BUT I, I, I WOULD JUST SUGGEST THAT, THAT THE, THE PUBLIC, YOU KNOW, STATE YOUR COMMENTS BRIEFLY PLEASE. AND, AND, AND YOU, YOU, THERE'S NO NEED FOR YOU TO RE REPEAT WHAT WE'VE ALREADY HEARD. MM-HMM. . BUT WE CERTAINLY WANT TO GIVE YOU A CHANCE TO GIVE, GIVE YOUR COMMENTS. BUT, [00:35:01] BUT YOU KNOW, I I, I, I DON'T WANNA VOTE BEFORE I HEAR THE COMMENTS, BUT RIGHT NOW, TODAY, THIS MINUTE, I'M NOT VOTING FOR THIS. THAT'S IT. THAT'S, I'M NOT GOING TO DO IT. THAT'S YOUR, THAT'S YOUR RIGHT NOT TO VOTE FOR. I KNOW IT. I, I'M JUST TELLING YOU I'M NOT GOING TO DO IT. AND, UH, AND SO WE, WE'LL JUST MAYBE, MAYBE AFTER THEY SPEAK, I'LL CHANGE MY MIND. WELL, IT, IT, IT, IT'S OKAY. WE, YOU KNOW, JUST VOTE ON YOU. JUST VOTE HOW YOU WANNA VOTE AND WE'LL JUST HAVE TO CARRY IT FURTHER FROM THAT MOMENT. ALRIGHT. THANK YOU. THANK YOU VERY MUCH. WE JUST WANTED TO MAKE SURE YOU KNEW WHAT THE, I I HEARD YOU. OKAY. ALRIGHT. THANK YOU. I DON'T KNOW WHAT ORDER WE WANNA GO IN, UH, BUT I, I'LL JUST LEAVE THAT TO THE, TO THE CROWD. Y'ALL JUST TRY TO BE RESPECTFUL OF EACH OTHER AND JUST LINE UP ONE AT A, AT A TIME. WHAT IS IT? THREE, TWO MINUTES OR THREE? CAN WE LIMIT IT INTO THREE MINUTES, PLEASE? OKAY. THANK YOU. I'M AARON LOPEZ AND I LIVE AT 81 36 FIREPOINT DRIVE. AND MY CONCERNS IS EVERYTHING THAT SHE SAID THAT WAS WRITTEN ON ALL THE PAPERS. AND MY OTHER CONCERN IS THE FACT THAT WE DON'T HAVE A CHOICE. THIS IS WHAT IS BEING SAID. THIS IS OUR HOMES THAT WAS EXISTING BEFORE ELEVATIONS BECAME HIGHER. AND WE HAVE TO JUST ACCEPT WHAT'S NEW COMING IN. WE WOULD NEVER HAVE EVEN KNOWN THAT THESE APARTMENTS ARE, THAT THERE WOULD BE HIGH ELEVATIONS, EVEN IF IT WERE HOMES COMING THERE. IF WE DIDN'T GET THE REPL NOTICE MM-HMM. WE WOULD KNOW NOTHING. AND I'M SAYING THANK YOU FOR LISTENING BECAUSE I FEEL WE HAVE A CHOICE. AND I WILL STAND TODAY SAYING WHAT I HAVE TO SAY. I'M AGAINST THE REPL AND EVERYBODY HERE THAT IS FROM FRIAR POINTS OR STONEGATE, JUST RAISE YOUR HAND BECAUSE I BELIEVE THEY ALL AGREE THIS IS OUR HOMES THAT'S GONNA GET FLOODED DUE TO THE HIGH ELEVATIONS WE ARE BEING INFRINGED UPON. WE ARE NOT HAPPY. THANK YOU. THANK YOU FOR YOUR COMMENTS. WHO, WHO'S NEXT PLEASE? GOOD EVENING. UH, LES MCMAHON 80 31 CHIMNEY ROCK COURT, PORT ARTHUR. UM, ONE REMARK I FEEL FOR Y'ALL. 'CAUSE I KNOW HAVING WORKED FOR THE CITY IN THE PAST, THAT SOMETIMES YOU HAVE TO DO MAYBE WHAT YOU DON'T WANT TO DO. UM, AND I'LL JUST LEAVE IT TO, TO Y'ALL'S CONSCIENCE TO DO WHATEVER. BUT ONE ADDITIONAL BIT OF INFORMATION, UH, FOR THE AUDIENCE BENEFIT. AND OUR DISTRICT COUNCILMAN MS. BECKHAM YEARS BACK, OUR CITY COUNCIL AT SOME POINT IN TIME, SAID, NO MORE APARTMENT COMPLEXES IN STONEGATE. AND I WOULD HOPE SOMEHOW SOME WAY, IF IT'S THROUGH SOMETHING THAT Y'ALL HAVE TO APPROVE HERE TONIGHT, AND THE CITY, UH, HOUSING OR BUILDING DEPARTMENT, UH, DOES NOT ISSUE A PERMIT FOR THE BUILDING OF THOSE APARTMENTS. YAY. BUT THEY MAY BE TRAPPED TOO. BUT, UH, I'LL LEAVE IT TO OUR DISTRICT COUNCILMAN, MAYBE TO SPEAK MORE TO THAT POINT. THANK Y'ALL. THANK YOU VERY MUCH. PLEASE COME FORWARD. HELLO, MY NAME IS SADIE. RICHARD, I'M A LITTLE NERVOUS. I DON'T DO PUBLIC SPEAKING WELL, DON'T BE SORRY ABOUT THAT. DON'T BE NERVOUS. UM, I'M SPEAKING ON BEHALF OF CHRIS AGBAR WHO WROTE THE LETTER IN FROM IEX. UM, HE DID ALREADY STATE THE CONCERNS ABOUT FLOODING AND TRAFFIC AND STUFF LIKE THAT. AND I DON'T WANNA REPEAT WHAT WAS SAID ON THE LETTER, BUT THEY DID WANT US TO COME TALK ON BEHALF OF OUR RESIDENTS AS WELL. AND OUR SENIOR PROPERTIES WHO WE HAVE IN THE AREA. THOSE PEOPLE ARE NOT ABLE TO GET OUT OF THEIR APARTMENTS WHENEVER FLOODING IS HAPPENING. UM, AND YOU KNOW, NOT ONLY IS IT A FINANCIAL ISSUE ISSUE FOR OUR COMPANY, BUT ALSO FOR THE RESIDENTS AND THEIR FAMILIES WHO HAVE TO STAY BACK AND TAKE CARE OF THEIR PARENTS WHO CAN'T GET OUT ON THE ROADS WHEN THERE'S, YOU KNOW, SORRY. UM, NO, IT'S OKAY. LIKE SO MANY DEVELOPMENTS THAT JUST KEEP CAUSING THE FLOODING TO GET WORSE. SO, UM, THAT'S PRETTY MUCH ALL I WANTED TO ADD. HE SAID PLENTY IN THE LETTER, BUT, UH, WE DO CARE ABOUT OUR RESIDENTS AND WANNA MAKE SURE THAT WE'RE SPEAKING UP FOR THEM TOO. SO, YES, MA'AM. THANK YOU VERY MUCH. THANK YOU. I I REALLY WANT TO ACKNOWLEDGE THE, [00:40:01] UH, PROFESSIONALISM THAT EACH ONE OF THE THREE SPEAKERS, UH, HAVE DEMONSTRATED THAT VERY WELL, VERY WELL STATED. THANK YOU. UH, ANYONE ELSE WISH TO SPEAK, PLEASE COME FORWARD. I'M DONNE BECKHAM. I LIVE AT 76 11 BRAZO IN PORT ARTHUR, AND I'M ALSO THE DISTRICT THREE COUNCIL PERSON. SO ALL THESE FOLKS HERE ARE MY CONSTITUENTS AND I'M SPEAKING ON BEHALF OF MYSELF BECAUSE I LIVE CLOSE BY. UM, AND ALSO FOR THEM. AND IF I COULD GET MR. BAGEN, COULD YOU PULL UP SLIDE? IT'S PAGE SEVEN. YEAH. THAT ONE RIGHT THERE. MM-HMM. . OKAY. SO IT'S KIND OF HARD TO SEE. I DON'T KNOW IF Y'ALL CAN SEE THIS CLEARLY ON THE SCREEN, BUT ALL OF THE HOMES THAT ARE SURROUNDING THIS PERIMETER FLOOD, THEY FLOODED DURING HURRICANE HARVEY. THEY FLOODED DURING AMELDA, SOME OF THEM FLOOD WHEN WE HAVE JUST YOUR AVERAGE RAINSTORM. UM, I LIVE ON THE CORNER OF BRASS AND JIMMY JOHNSON, WHICH IS A LITTLE FURTHER DOWN JIMMY JOHNSON FROM, FROM THIS RIGHT. UH, MAYBE ABOUT A QUARTER OF A MILE. MM-HMM. . AND, AND WE FLOOD. THE CURRENT DRAINAGE PROJECT THAT'S GOING IN ON JIMMY JOHNSON IS NOT GONNA TOUCH THIS AREA. IT'S NOT GONNA HELP. AND THE REASON I KNOW THAT IS BECAUSE AT ONE OF OUR LAST COUNCIL MEETINGS, UH, COUNCIL MEMBER KEN LAW AND MYSELF PLACED A DISCUSSION ABOUT THIS DEVELOPMENT ON THE AGENDA. MM-HMM. WE HAD THE CITY ENGINEER THERE. WE HAD SOMEONE THERE FROM DD SEVEN, OF COURSE WE HAD, UH, CALVIN MATTHEWS, WHO'S THE HEAD OF OUR WATER DEPARTMENT. AND THEY'RE NOT CONFIDENT THAT THIS IS NOT GOING TO CAUSE MORE FLOODING. THE NEXT DRAINAGE PROJECT THAT'S GONNA HAPPEN IN DISTRICT THREE HASN'T EVEN BEEN PLANNED YET. IT'S THE LAKE ARTHUR DRAINAGE PROJECT. WE'VE GOT THE LAND, WE DON'T HAVE PLANS, WE DON'T HAVE MONEY. RIGHT. RIGHT. THAT'S WHAT WILL PREVENT FLOODING IN THIS AREA. BUT IF THIS APARTMENT COMPLEX GOES UP BEFORE THAT PROJECT HAPPENS MM-HMM. , WE CAN'T PREDICT. OKAY. BUT WE KNOW WHAT'S HAPPENED IN THE PAST AND THAT WILL PROBABLY HAPPEN AGAIN IN THIS AREA. NOW, I WILL TELL MY CONSTITUENTS THERE IS A WAY THAT WE CAN CONTINUE TO FIGHT THIS DEVELOPMENT, BUT WE HAVE TO DO IT AT EVERY STAGE OF THE PROCESS. HE'S GOT TO GET PERMITS, HE'S GOT TO SHOW THAT HE'S GOT THE CORRECT ELEVATION, HE'S GOT TO SHOW THAT HE'S CORRECTED DRAINAGE ISSUES. SO WE HAVE TO BE DILIGENT AND I WILL DO THIS FOR YOU, BUT I NEED YOUR SUPPORT AS WELL AS CONSTITUENTS THAT LIVE IN THE AREA. WE CAN FIGHT THIS AT EVERY STAGE OF THE PROCESS. OKAY. AND I PROMISE TO DO THAT FOR YOU BECAUSE I DON'T WANT IT EITHER. THANK YOU. THANK YOU. THANK YOU VERY MUCH. ANYONE ELSE WISH TO SPEAK? ALRIGHT, GO. PLEASE COME FORWARD. GOOD AFTERNOON. GOOD AFTERNOON. UH, MOLLY VIAL, 78 60 HONEYWOOD TRAIL. UH, I'M NOT A, UH, SIGNATURE ON THE PETITION JUST 'CAUSE I DIDN'T COME ACROSS IT. SO HAD I, UH, YES, I, I WOULD HAVE PARTICIPATED. UH, I'M VERY FAMILIAR WITH HOW THE PRE-DEVELOPMENT PROCESS WORKS, UH, AS WELL AS THE SITUATION THAT Y'ALL ARE CURRENTLY IN RIGHT NOW, UH, FACING ALL OF US, UH, THIS AFTERNOON. UM, BUT, YOU KNOW, ONE OF THE THINGS THAT I AM CONCERNED ABOUT IS THAT I FEEL THAT THE CITY HAS ALREADY BLESSED THIS PROJECT. THEY'VE GRANTED THIS GRADING PERMIT. UH, THE INCREASED RUNOFF IS ALREADY A FACT BECAUSE THE WOODS ARE GONE. SWELLED, DITCHES HAVE BEEN CUT IN, WHICH HAS INCREASED THE RUNOFF FROM THIS PROPERTY, EVEN THOUGH FORTUNATELY GOD HAS BLESSED US WITH LESS RAIN SINCE THIS PROPERTY HAS BEEN CLEARED. YOU KNOW, WE'RE WE VIVIDLY RECALL MAY 12TH, UH, WE HAD, UH, I HAVE A RAIN GAUGE IN MY YARD 'CAUSE I'M AN ENGINEER. UH, AND WE HAD 2.86 INCHES OF RAIN, UH, IN EIGHT, IN 88 MINUTES. AND THAT INTERSECTION, YEAH, SORRY, I'M A NERD. UH, THAT INTERSECTION OF FRIAR POINT, HONEYWOOD TRAIL FREQUENTLY GETS ANYWHERE FROM TWO TO THREE AND A HALF FEET OF WATER. AND THAT HAPPENS FREQUENTLY, FAR TOO FREQUENTLY THAN I WOULD ACCEPT AS AN ENGINEER. UH, IT, WHEN I SAY FREQUENTLY, WHEN YOU'RE LOOKING AT THREE TO FIVE TIMES PER YEAR, I'VE LIVED THERE SINCE 2009. UH, I HAVE THE HIGH WATER MARKS. I'VE BEEN TEMPTED TO MARK MY, UH, MAILBOX. YOU KNOW, THOSE BRICK MAILBOXES THAT TEND TO BE TARGETS SOMETIMES FOR DRUNK DRIVERS. MM-HMM. . BUT I FIGURED PUTTING THE BRAIN, PUTTING THE ELEVATION GAUGES ON THERE WOULD PROBABLY NOT BE GOOD FOR PROPERTY VALUES. BUT THE FIRE DEPARTMENT NEEDS TO KNOW, BECAUSE THEY DO PERFORM WATER RESCUES TO THE SENIOR APARTMENT COMPLEX. UH, FURTHER DOWN HONEYWOOD TRAIL FIRE POINT GETS THE [00:45:01] WORST OF IT. THEY'RE LOWER THAN WE ARE. OUR STORM SEWER SYSTEM DOES NOT DRAIN COMPLETELY. IT STAYS, UH, WITH WATER, UH, BECAUSE OF THE TAIL WATER COMING OUT FROM ALLIGATOR BIO. AND ALSO TOO, IN A LOCALIZED RAIN EVENT, WE HAVE, WE'RE DEPENDENT ON DRAINAGE DISTRICT SEVEN. I KNOW THAT THEY'VE BLESSED IT OFF AND JEREMY HAS BEEN KIND ENOUGH TO EXPLAIN THE MATH TO ME. BUT THE PUMPS THAT SERVE OUR AREA ARE NOT ANYWHERE CLOSE TO US. I FREQUENTLY HAVE ASKED DD SEVEN TO AMEND THEIR OPERATIONS, AND THEY CAN'T FOR CERTAIN REASONS THAT I DO UNDERSTAND. I, I WAS RESPONSIBLE FOR PUMPING, UH, 78 PUMP STATIONS IN BEAUMONT FOR FOUR YEARS. SO I'M FAMILIAR WITH THAT. HOWEVER, OUR HOUSES IN HARVEY MARINATED IN THAT WATER FOR THREE DAYS BEFORE DD SEVEN. CUT THE PUMPS BACK ON. YEAH. BEFORE WE COULD GET BACK IN AND START WORKING THROUGH, UH, EMPTYING THEM OUT AND TAKING CARE OF THEM. AND, UM, YOU KNOW, I JUST REALLY CANNOT OVERSTATE THE IMPORTANCE OF FLOODING THE, THE PTSD FROM, FROM STORMS IS REAL. AS AN EMPLOYEE IN ANOTHER CITY, I I TRY TO MITIGATE FEARS, UH, FOR THE CITIZENS THERE. BUT I HAVE A SPECIAL PLACE IN MY HEART BECAUSE FOR THEM, BECAUSE I DEAL WITH IT PERSONALLY AS WELL, MY PARENTS ARE ELDERLY. MY FATHER'S IN A WHEELCHAIR, UH, HURRICANE SEASON FOR US, THAT'S WHEN WE DON'T PUT FOOD IN THE FREEZERS BECAUSE WE ARE AFRAID THAT WE'LL GO THROUGH THIS AGAIN, NOT BECAUSE OF THE POWER OUTAGES, BUT BECAUSE OF THE FLOODING. UM, AND I WANNA UNDERSTAND TOO, IT IS HELPFUL THAT THE APARTMENTS ARE GOING TO BE MARKET RATE. UM, BUT THE DENSITY OF THE DEVELOPMENT IS, IS, IS VERY UNFAIR TO, UH, THE CITIZENS ON FRIAR POINT. UM, AND, YOU KNOW, I WAS FORTUNATE I WAS ABLE TO BUY THE PROPERTY BEHIND MY HOUSE SO I WOULDN'T HAVE SOMEBODY BEHIND ME. UNFORTUNATELY, THAT OPPORTUNITY WAS NEVER PROVIDED TO THEM. SO IT, IT IS VERY CONCERN CONCERNING, I'VE SEEN THAT ONE SWELL DITCH THAT RUNS BEHIND THEIR, THEIR PROPERTIES, BUT KNOWING THAT THE REST OF THE PROPERTY IS GOING TO BE ELEVATED, THEIR, THEIR FEARS ARE VERY REAL. AND ALSO WOULD, UH, IF YOU COULD, IF YOU ARE FORCED TO APPROVE THIS TODAY, COULD A CONDITION OF THE APPROVAL BE THAT A WORKSHOP WITH THE CITIZENS BE HELD TO SO THAT THE DEVELOPER AND THE ENGINEERS HAVE AN OPPORTUNITY TO, SINCE WE WERE NOT PRIVY TO THE COUNCIL MEETING, COULD WE MAKE THAT A CONDITION? IF THIS HAS TO MOVE FORWARD, UH, WORK WITH US, PLEASE GIVE US, GIVE US SOMETHING. WHAT IS YOUR LAST NAME AGAIN, MA'AM? VIRE. MS. VIRE? YES, SIR. IF I MAY SPEAK, I WAS LISTENING TO YOUR VERY ELOQUENT PRESENTATION AND, UH, I'M A PERSON WHO, FIRST OF ALL, LIFELONG RESIDENT OF FORT ARTHUR, AND I WANT PEOPLE TO BE HAPPY ABOUT THEIR NEIGHBORHOODS, TO FEEL SAFE, FEEL SATISFIED, FEEL PROUD. I ALSO LIKE PROGRESS FOR OUR CITY AS WELL. YES. I DON'T WANNA RUN OFF GOOD BUSINESS . ABSOLUTELY. BUT I LIKE WHAT YOU SAID AT THE END, AND I WAS JUST WONDERING IF THE CONSTITUENTS WOULD AGREE WITH YOU, IF THERE'S A WAY THAT WE COULD FIND A HAPPY MEDIUM. YOU, WHAT DID YOU ASK TOWARD THE END OF YOUR SPEECH? IF, IF YOU ALL COULD COME TOGETHER WITH SOME TYPE OF A MEETING WITH WITH WHOM? WHAT DID YOU JUST SAY TOWARD THE END OF YOUR PRESENTATION? WELL, COULD, COULD WE HAVE A, A WORKSHOP AS A CONDITION ON THE PLA TO AT LEAST HELP, HELP TO EXPLAIN TO US WHAT MOST OF US DID NOT BENEFIT FROM THE MEETING. UH, THE COUNCIL MEETING WHERE THE PROJECT WAS PRESENTED, THE PUBLIC IS NOT PRIVY TO THE PRE-DEVELOPMENT MEETINGS. AND I UNDERSTAND THAT A PRE-DEVELOPMENT MEETING IS IMPORTANT, BUT A PRE-DEVELOPMENT MEETING IS NOT BINDING. AND SO THEREFORE, GIVING US OUR, WE, WE HAVE A VOICE, WE HAVE, UH, A SIGNIFICANT INVESTMENT IN THE CITY OF PORT ARTHUR. MY, MY DAD'S HOME ON 26TH STREET ONLY FLOODED IN HARVEY. AND EVEN THEN BARELY, BECAUSE THEIR PUMP STATION IS, IS CLOSER. THOSE PUMPS ARE MORE RESPONSIVE. WE HAVE SIGNIFICANT INVESTMENTS IN OUR PROPERTY, PROUD TO LIVE THERE AND, AND WANT TO CONTINUE TO LIVE THERE. I DON'T WANNA HAVE TO THINK ABOUT HAVING TO MOVE TO HIGHER GROUND. RIGHT? YES. UH, YOUR NEIGHBORS AND COUNCILWOMAN BECKHAM, ARE YOU ALL OPEN TO SUCH A SUGGESTION? ARE AM I OUT OF LINE? I CANNOT ASK THAT. MS. ARIAS THE REPLAY ITSELF AND WE, WHERE WE DO HEAR THE CITIZENS AND THEIR CONCERNS MATTER. MM-HMM. . BUT, UM, THE FOCUS IS THE REPL ITSELF. NOW, IF THE PROPERTY OWNER CHOOSES TO HOST A COMMUNITY MEETING [00:50:01] AFTER OR WHENEVER HE DOES HAVE THE CHOICE, BUT HE DOESN'T HAVE TO DO THAT FROM, UM, WHEN WE WORK THROUGH THE PRI, THROUGH THE, MR. MITCHELL IS NOT THAT PERSON. THE GENTLEMAN WHO, NO, JEREMY REPRESENTS SALT TECH. HE'S THE ENGINEER. OKAY. YES, SIR. ONE QUESTION, IF WE VOTE NO, THIS COMMITTEE, WHAT ARE THE RAMIFICATIONS OF THAT? HAVE WE BROKEN THE LAW BY VOTING? NO. YES, SIR. WOW. ONLY BECAUSE THE FOCUS IS NOT THE DEVELOPMENT ITSELF, BUT THE DEFINITION OF THE LOT LINES. AND BY LAW, HE HAS THE RIGHT TO REPL HIS PROPERTY. IT'S NOT THE DEVELOPMENT ITSELF, THE PROJECT ITSELF. IT'S JUST THE LOT LINES. I'M, SO, I'M, SO LET ME, LET ME CUT IN JUST A SECOND. COMMISSIONER, UH, WAGNER, I'M JUST SO DELIGHTED, UH, TO SEE THE CITY COUNCILWOMAN HERE AS WELL AS CITY, CITY MANAGER AS AS WELL, EXCUSE ME, AS WELL AS THE CITY MANAGER. UH, MS. UH, MS. LANGFORD, UH, UH, IS HERE AS WELL. JUST SO DELIGHTED TO SEE ALL OF YOU HERE. UH, BUT, BUT QUITE FRANKLY, AS IMPORTANTLY, I'M GLAD TO SEE THIS MANY COMMUNITY MEMBERS SHOW UP TO EXPRESS THEIR OPINIONS ABOUT SOMETHING THAT, THAT OBVIOUSLY IS, IS IMPORTANT TO THEM. YOU GOT ENGINEERS, YOU GOT OTHER LEVELS OF, UH, OF PROFESSIONS WHO ARE REPRESENTED HERE TODAY. AND I WONDER AT SOME POINT, SHOULDN'T THIS ISSUE BE REFERRED BACK TO THE CITY, YOU KNOW, FOR RECONSIDERATION, OR AT LEAST AS MR. WAGNER WAS JUST SAYING, FOR, FOR CONTINUED CONVERSATION ABOUT THE FUTURE OF THAT PARTICULAR AREA. AND I UNDERSTAND THAT WHAT WE'RE HERE FOR IS, UH, HAS TO DO WITH REPLANT. BUT, BUT I, I JUST WONDER, UH, IF, IF NOTHING, WELL, LEMME ASK THIS, THIS WAY. WILL THIS HEARING RESULT, REGARDLESS OF WHAT THE VOTE IS, BE REFERRED BACK TO THE CITY FOR FOR REVIEW? UM, THERE IS NO NEED FOR A ZONE CHANGE OR ANYTHING LIKE THAT. THE PROPERTY IS ALREADY ZONED FOR THE PROJECT FOR THE DEVELOPER. SO WE ARE NOW JUST MEETING FOR THE REPL. AND AGAIN, WE DID HAVE PRE-DEVELOPMENT. SO HE MET WITH EVERY DIVISION AND DEPARTMENT WITHIN THE CITY FOR HIS PROJECT. AND THEY DID PROVIDE HIM WITH THE STANDARDS AND CODES THAT HE NEEDED TO BRING HIS PROJECT UP TO COAL. SO LEGALLY, UM, THE PROPERTY IS ZONED CORRECTLY AND LEGALLY BY LAW, HE'S WITHIN HIS RIGHTS TO HAVE A REPL. AND ACCORDING TO SECTION 2.03 OF THE ORDINANCE, HIS LOT LINES AND THE DEFINING OF THE LOT LINES DO MEET THE MINIMUM STANDARDS OF THE CITY'S REQUIREMENTS. SO IS THERE A, WE AS A COMMISSION TABLE THIS FOR THE, WELL, I WOULD SAY THIS OF THE RESIDENTS AGAIN, UM, CHAPTER TWO, 12.009, YOU CANNOT TABLE IT. SHOW ME THAT PART AFTER 30 DAYS, IT'S AUTOMATIC APPROVAL THAT WILL AT LEAST GIVE THEM TIME TO MEET WITH IF IT'S GONNA BE APPROVED IN 30 DAYS, REGARDLESS, WHICH IS GONNA HAPPEN TODAY ANYWAY. I MEAN, IS THERE NO CONSIDERATION TO THE INDIVIDUALS WHO LIVE THERE? WELL, THE PROPERTY IS ALREADY ZONED HIGH DENSITY RESIDENTIAL. AGAIN, IF HE SO CHOOSES TO MEET WITH A COMMUNITY IN REGARDS TO HIS PROJECT ITSELF, THEN THAT'S TOTALLY UP TO THE PROPERTY OWNER. BUT HE'S NOT REQUIRED TO. BUT SINCE THE PROPERTY, AGAIN, IS ZONED FOR HIGH DENSITY RESIDENTIAL DEVELOPMENT AND HE DOES MEET ALL THE CITY STANDARDS, WE DON'T HAVE A LEGAL REASON TO STOP HIM FROM REPLANTING HIS PROPERTY NOR MOVING FORWARD WITH HIS DEVELOPMENT. MS. ARIS, THA THANK YOU. I, I APPRECIATE THE ROLE THAT YOU'RE PLAYING. I APPRECIATE YOU. I REALLY, I REALLY DO. THANK YOU SO MUCH. BUT ARE THERE ANY OTHER, UH, MEMBERS OF THE COMMUNITY WHO, WHO WISH TO SPEAK AGAINST THIS ITEM? MS. RU RUTHERFORD. UH, I'M SORRY, MR. GRADNEY. GO AHEAD, PLEASE. AND THEN AFTER THAT, VERNON RUTHERFORD, UH, THIS IS, I'M NOLAN GRADNEY. I OWN THE PROPERTY AT 41 0 6 CHILE COURT. IF YOU ALL VOTE NO TODAY, LET HIM SUE AND PERHAPS THAT WAY YOU GET HIM TO NEGOTIATE ALL THE REST OF THIS STUFF, JUST, JUST LET HIM SUE. THANK YOU VERY MUCH, SIR. MS. RUTHERFORD . DAMN. SUE CITY, NOT US. HI, MY NAME IS VERNA RUTHERFORD. I RESIDE AT 81 38 HEATHER BROOK TRAIL. FIRST OF ALL, I'VE GOT TO TELL YOU, I WOULDN'T WANT TO BE ANY, ANY ONE OF YOU SITTING THERE. UH, WE GREATLY APPRECIATE, UM, YOUR SACRIFICE OF YOUR TIME AND THE FACT THAT YOU'RE ALLOWING US TO MAKE COMMENTS. I'LL KEEP MY COMMENTS BRIEF AND I HAVE A, A QUESTION, I PROBABLY SHOULD KNOW THE ANSWER TO IT, BUT, UM, I WANT A CLARIFICATION. SO, UM, SO TO THIS, AS WE KEEP HEARING, REALLY ADDRESSES THE REPL. SO WHAT CAN, CAN THAT, CAN THE PROPERTY OWNER, UM, BE STOPPED [00:55:01] FROM BUILDING IF THE PROPERTY ISN'T REPLANTED? AND I MEAN, I UNDERSTAND THAT YOU HAVE TO COMPLY WITH THE LAW AND THAT HE MEETS ALL OF THOSE, UH, QUALIFICATIONS, BUT WHAT IS THE REAL PURPOSE OF IT BEING REPLANTED IF YOU REALLY DON'T HAVE A CHOICE IN MAKING AND AND VOTING TO SUPPORT IT ANYWAY? CAN ANYBODY ANSWER THAT? I GUESS MR. BATON, CAN YOU, I DIDN'T THINK TO ASK THAT WHEN I TALKED TO YOU BEFORE. MR. MR. UH, THANK YOU. MM-HMM, , UH, AGAIN, LET'S JUST SAY THAT HE DIDN'T REPLANT THE PROPERTY. HE WOULD STILL HAVE TO FILE, HE COULD STILL BUILD, UH, UH, HIS MULTIFAMILY, UH, UH, DEVELOPMENT AS LONG AS IT MEETS THE SETBACK REQUIREMENTS. SO, I MEAN, HE WOULD JUST HAVE TO REDO IT SOME KIND OF OTHER WAY, BUT HE COULD STILL DO THAT. HOWEVER, UH, HE WANTS TO, WE CANNOT REALLY LEGALLY TELL A PERSON HE CANNOT REPLANT HIS OWN PROPERTY THE WAY HE, WHETHER HE'S GONNA BUILD THIS OR NOT, IF HE WANTS TO REBUILD IT, UH, OR MAKE FIVE LIVES OUT OF IT, HE CAN LEGALLY, AS LONG AS HE MEETS ALL THE QUALIFICATIONS THAT MS. S JUST STATED, BUT HE JUST WANTS TO MAKE ONE BIG PROPERTY. BUT IF IT DIDN'T, HE, AS LONG AS HE FOLLOWS THE SETBACK REQUIREMENTS AND DON'T BUILD ACROSS LOT LINES, HE COULD STILL BUILD HIS, UH, DEVELOPMENT. OKAY. THANK YOU VERY MUCH. THANK YOU VERY MUCH. THANK YOU. AND WITH THAT SAID, , SO I MEAN, I THINK IT'S, IT'S PRETTY CLEAR. I MEAN, THIS IS A FORMALITY HERE TODAY, THIS EVENING. AND, AND WE HAVE TO LIVE WITH WHAT WE HAVE TO LIVE WITH. UM, THE NEXT STEP, I THINK IN ADDITION TO SOME OF THE OFFERS THAT COUNCIL MEMBER OR MAYOR PRO TEM, UM, UH, BECKHAM HAS OFFERED IN HELPING THE CITY TO MOVE FORWARD AND GOING THROUGH WHAT THE STEPS NEED TO BE TAKEN ALONG THE PERMIT PROCESS IS THAT WE CAN ASK THE COUNCIL MEMBER TO PLEASE TAKE THIS INTO CONSIDERATION WHEN THEY ALLOCATE THE FUNDS FOR THE DRAINAGE IMPROVEMENT PROCESSES AND WHEN THEY, OR PROJECTS AND WHEN THEY, UM, EXPEDITE THOSE PROJECTS SO THAT THEY DON'T JUST SIT AND, AND WAIT UNTIL AFTER THE APARTMENTS ARE BUILT. WE KNOW THAT PART OF THE IMPACT IS ALREADY STARTED BECAUSE THE GROUND HAS BEEN TURNED AND AND SO FORTH. BUT, UM, I THINK THE, THE TIMING IS, UH, CRITICAL. AND SO WE CAN ASK OUR CITY COUNCIL MEMBERS TO PLEASE TAKE THAT INTO CONSIDERATION. AGAIN, THANK YOU VERY MUCH. WE RECOGNIZE THAT, UM, THE PROPERTY OWNER HAS BOUND TO WANT TO HAVE HAPPY NE NEIGHBORS AROUND HIM. UH, SO THAT'S ANOTHER ANGLE IS AS WE TALK TO THE PROPERTY OWNER THAT MAYBE WE CAN MEET WITH, WITH HIM INDIVIDUALLY. THANK YOU. THANK YOU VERY MUCH. I, UM, IF I MAY, UH, GO AHEAD, SIR. OKAY. UH, MS. VERNA, I AGREE WITH YOU. I WOULD THINK THAT THE DEVELOPER WOULD WANT TO HAVE HAPPY NEIGHBORS . UM, I DON'T WANT TO BREAK THE LAW, BUT I WANT HAPPY NEIGHBORS AS, AS WELL. AND I WAS LISTENING TO THE COUNCILWOMAN BECKHAM. IF I COULD BE ASSURED THAT THERE ARE OTHER RECOURSES AFTER THIS, THAT IF WE VOTE NO AND FOLLOW THE LAW, THAT THIS IS NOT THE END. THAT THERE ARE OTHER STEPS THAT YOU CAN TAKE TO WORK WITH, UH, TO SHOW YOUR CONCERNS ABOUT THE DEVELOPMENT. AM I, DID I HEAR YOU SAY THAT? COUNCILWOMAN BECKHAM? YES, SIR. OKAY. I WISH THERE WERE A WAY THAT THERE COULD BECOME A, A MEETING OF THE MINDS WITH THIS 'CAUSE. UM, THIS IS A TOUGH ONE. IT IS. ANY OTHER SPEAKERS? MR. UH, JUST ONE SECOND. ANY OTHER SPEAKERS? ANY OTHER SPEAKERS AGAINST THIS ITEM? OH, YES MA'AM. PLEASE. I FEEL YOU THOUGH WHAT YOU'RE SAYING. SIR. MY NAME IS PAULA LANDRY. UH, MY ADDRESS IS 81 35 FRIAR POINT DRIVE. AND I DID SUBMIT A LETTER BY EMAIL. UH, BUT I JUST HAVE SOMETHING QUICKLY THAT I JOTTED DOWN THAT CAME TO MIND WHILE I'VE BEEN SITTING THERE. AND MY QUESTION TODAY IS, WHY ARE YOU COMMISSIONERS HERE? IF YOU MUST ALL VOTE YES. WHAT IS THE PURPOSE OF Y'ALL DOING THAT? WHEN YOU'RE SAYING YOU HAVE TO, IT'S LIKE, UM, ANYWAY. AND WHY ARE THE RESIDENTS HERE AND WHY ARE WE INVITED HERE IF WE HAVE NO VOICE? AND I UNDERSTAND THAT THE BUILDER HAS MET THE CODES THAT ARE, THAT HE HAS TO MEET TO BE ABLE TO BE COMPLIANT. BUT WHY CAN'T THE CITY OF PORT ARTHUR SAY NO? BECAUSE YOU'RE GONNA CREATE LARGER FLOODING ISSUES AND WHY CAN'T THE CITY OF PORT ARTHUR FIX OUR FLOODING ISSUES BEFORE THEY START ADDING TO THE PROBLEM? THANK YOU. THANK, THANK YOU VERY MUCH. THANK YOU. ANY OTHER SPEAKERS AGAINST THIS ITEM? HAS CONSTRUCTION BEGUN? THAT'S ANOTHER QUESTION I HAVE. [01:00:01] HAS GROUND BEEN, SHE CHOSE ALL THE TREES AND BEEN MOVED. THE LAND IS CLEAR, BUT WE, WE NEED TO FOCUS ON THE REPLAY ITSELF. OKAY. OKAY. ALRIGHT. SO, SO, SO HEARING NONE, DO WE HAVE A MOTION? HEAR A MOTION TO CLOSE THE PUBLIC HEARING ? I SO MOVE. SECOND, UH, ARE YOU IN A COMMENT BEFORE WE CLOSE IT? WELL, WE ARE NOT COM WE'RE NOT DONE. WELL, WE ARE FOR THE REPLAY. JUST, JUST FOR THE RE JUST FOR THAT PARTICULAR REPLAY. YES, NO, NO COMMENT. WELL JUST GO AHEAD AND CONTINUE. WE'LL WAIT TILL FINISH. OH NO, YOU'RE GOOD. ALL IN FAVOR? YES SIR. TO CLOSE IT? YES. THIS PART OF IT. AYE. FOR THIS PARTICULAR ITEM FOR THE REPLAY, THE WE R 24 DASH 20. YES. AYE, PLEASE CONTINUE TO THE NEXT ITEM. YES SIR. THE NEXT CASE NUMBER Z 24 0 6 A. THE PROPERTY OWNER IS JULIE K HOLLINGSWORTH ROADIN. THE PROPERTY IS LOCATED, OH, THE APPLICANT IS THE CITY OF PORT ARTHUR. THE PROPERTY IS LOCATED AT 25 45 LAKE SHORE DRIVE, JK PARCEL NUMBER 8 9 2 8 9 AND 8 9 2 8 6. THE REQUEST TYPE IS A ZONING MAP CHANGE REQUEST. THE PLANNING AND ZONING COMMISSION IS BEING ASKED TO CONSIDER A ZONING MAP AMENDMENT FOR THE FOLLOWING PROPERTY DESCRIPTION. TRACK TWO OF LOTS, NINE AND 10 BLOCK 1 65. CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, AND TRACKS ONE AND TWO OF LOT SEVEN AND EIGHT BLOCK 1 65. CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS. THE TOTAL ACREAGE IS 1.285 ACRES OF LAND. THE CURRENT ZONING IS A PLANNED DEVELOPMENT NINE DISTRICT. THE PROPOSED ZONING IS TO, IS STILL PLANNED DEVELOPMENT NINE, BUT IT'S TO INCLUDE A USE TYPE TO SECTION TWO, THREE OBJECTION, USE SPECIFIC WHATEVER. THE PURPOSE OF THIS REQUEST IS TO AMEND THE PLAN DEVELOPMENT NON-DISTRICT ADDING A USE TYPE TO SECTION TWO, 3.3 OF PERMITTED USES. AN APPLICATION WAS FILED WITH A PLANNING AND ZONING COMMISSION ON OR AROUND JULY 11TH, 2024 REQUESTING A ZAP, A ZONING MAP CHANGED TO AMEND THE PLAN DEVELOPMENT NON-DISTRICT ADDING A A USE TYPE TO SECTION 2.3 OF PERMITTED USES ON THURSDAY, AUGUST 1ST TWO FIRST 2024 11. NOTICES WERE MAILED TO ADJACENT PROPERTY OWNERS WITHIN A 200 FOOT RADIUS AND PUBLISHED IN THE PORT ARTHUR NEWSPAPER A MINIMUM OF 15 DAYS BEFORE THE PNZ PUBLIC HEARING SCHEDULED FOR AUGUST 19TH, 2024. AND COMMISSIONERS THAT, UH, USE TYPE WOULD BE A PROFESSIONAL OFFICE. OKAY. THAT'S . OH, THAT'S WHAT THE SPECIAL PERMIT IS. OKAY. I NEEDED TO KNOW JUST WHISPERING . ANY OTHER QUESTIONS OR COMMENTS? COMMISSIONERS, . ALRIGHT. ANY OTHER, UH, ALRIGHT. ALRIGHT. SO ALL THOSE, UH, WHO WISH TO SPEAK IN FAVOR OF THIS ITEM, PLEASE MOVE, COME FORWARD. STATE YOUR NAME AND ADDRESS, PLEASE. DONNE BECKHAM, 76 11 BROWSES, PORT ARTHUR. UM, THIS IS NOT IN MY DISTRICT, BUT I'M IN FAVOR OF IT BECAUSE I KNOW WHAT THE PLAN IS FOR THIS PARTICULAR, UH, PROPERTY. UH, IT'S KNOWN AS THE WHITE HAVEN HOUSE. UH, EVERYBODY IN PORT ARTHUR, WHO'S EVER DRIVEN DOWN THE SEA WALL IS VERY FAMILIAR WITH IT. IT'S A BEAUTIFUL PROPERTY. UM, IT, IT'S GOING TO BE TURNED INTO A PROFESSIONAL OFFICE SPACE, BUT THERE'S NOT GONNA BE A WHOLE BUNCH OF TRAFFIC IN AND OUT. IT'S A CONSULTING BUSINESS THAT'S PURCHASING THE PROPERTY. UM, AND SO IT'S JUST GONNA BE, BASICALLY THEY'RE VERY, VERY, VERY SMALL STAFF OF EMPLOYEES. I USED TO WORK FOR THEM LONG TIME AGO, SO I'M VERY FAMILIAR WITH WHAT THEY DO AND, YOU KNOW, UH, WHAT, WHAT THEIR BUSINESS IS LIKE. UM, I I THINK IT'S GONNA BE A GREAT USE OF THAT PROPERTY AND I HOPE THAT IT MIGHT BRING SOME OTHER DEVELOPMENT DOWN TO THE SEA WALL FOR SOME OF THE PROPERTIES THAT ARE THERE. SO I'M VERY MUCH IN FAVOR OF IT. THANKS. COMMISSIONER BECK IS, LEMME ASK YOU A QUESTION. COUNCILWOMAN BECKHAM MAYOR PRO TE, IS THAT BUILDING EMPTY NOW? IT IS. IT HAD BEEN A HOME. SOMEONE ACTUALLY LIVED THERE. UH, WHEN SHE DECIDED TO SELL THE PROPERTY, SHE HAD A MASSIVE ESTATE SALE AND THEY EMPTIED OUT ALL OF THE BEAUTIFUL ANTIQUES AND ARTWORK AND DISHES AND EVERYTHING THAT WAS IN IT. AND I, I BELIEVE IT IS VACANT NOW. OH, OKAY. THANK YOU. THANK YOU COMMISSIONER. OUR COUNSEL. I'M SORRY. ANYONE ELSE WHO WISHES TO SPEAK IN FAVOR OF THIS ITEM? THIRD CALL. IS THERE ANYONE ELSE HERE WHO WISHES TO SPEAK IN FAVOR OF THIS ITEM? NOW LET'S GO TO ANYONE WHO WISHES TO SPEAK AGAINST THE ITEM. YOU HAVE COMMENTS BEFORE? NO, SIR. ALRIGHT. SECOND CALL. ANYONE HERE WHO WISHES TO SPEAK AGAINST THIS ITEM? THIRD CALL. ANYONE WHO WISH TO SPEAK AGAINST THIS ITEM? OKAY. READY? CASE NUMBER Z 24 DASH OH SIX B. THE PROPERTY OWNER IS JULIE K HOLLINGSWORTH [01:05:01] RODDEN. THE APPLICANT IS JULIE K HOLLINGSWORTH RODDEN. THE PROPERTY LOCATION IS LOCATED AT 25 45 LAKE SHORE DRIVE, JCAD PARCEL NUMBER 8 9 2 8 9 AND 8 9 2 8 6. THE REQUEST TYPE IS A SPECIFIC USE PERMIT. A SPECIFIC USE PERMIT. THE PLANNING AND ZONING COMMISSION IS BEING ASKED TO CONSIDER A SPECIFIC USE PERMIT FOR THE FOLLOWING. TRACK TWO OF LOTS, NINE AND 10. BLOCK 165. CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, AND TRACKS ONE AND TWO OF LOT SEVEN AND EIGHT. BLOCK 1 65. CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS. THE TOTAL ACREAGE IS 1.285 ACRES OF LAND. THE CURRENT ZONING IS IN A PLANNED DEVELOPMENT NINE DISTRICT. THE PROPOSED ZONING IS PLANNED DEVELOPMENT NINE TO INCLUDE AGAIN, A USE TYPE SECTION TWO, THREE. UM, THE ABUTTING ZONES NORTH, SOUTH, EAST, AND WEST ARE ALL PLAN DEVELOPMENT NINE. AND THE PURPOSE OF THIS REQUEST IS TO SEEK A SPECIFIC USE PERMIT TO ALLOW FOR THE USE OF A PROFESSIONAL OFFICE IN A PLAN DEVELOPMENT NINE DISTRICT. AN APPLICATION WAS FILED WITH THE PLAN IS ZONING COMMISSION ON OR AROUND JULY 11TH, 2024. THE PURPOSE OF THIS REQUEST IS TO SEEK A SPECIFIC USE PERMIT TO ALLOW FOR THE USE OF A PROFESSIONAL OFFICE IN A PLANNED DEVELOPMENT NON-DISTRICT ON THURSDAY, AUGUST 1ST, 2024 11. NOTICES WERE MAILED TO ADJACENT PROPERTY OWNERS WITHIN A 200 FOOT RADIUS AND PUBLISHED IN A PORT ARTHUR NEWSPAPER A MINIMUM OF 15 DAYS BEFORE THE PNZ PUBLIC HEARING SCHEDULED FOR TODAY, AUGUST 19TH, 2024. THAT'S ALL COMMISSIONERS. QUICK QUESTION. MS. UH, ARIES MILO? YES, MA'AM. UM, THIS IS THE SAME FACILITY, RIGHT? ONE IS FOR A ZONING CHANGE AND THE OTHER IS FOR SPECIFIC USE PERMIT. AM I RIGHT? YES, MA'AM. SO WE'RE VOTING ON TWO DIFFERENT ITEMS FOR THIS PARTICULAR, OKAY. SO THE FIRST ONE, AND THAT'S WHY WE TOOK THE CASES LIKE THEY ARE 7 24 DASH OH SIX A AND B, BECAUSE THE SPECIFIC USE PERMIT IS CONTINGENT UPON THE AMENDMENT TO THE ZONING MAP. SO IF WE WERE TO APPROVE THE USE TYPE, UH, FOR A PROFESSIONAL OFFICE, UM, AT WHITEHAVEN, THEN UM, THE SP THE SPECIFIC U USE PERMIT, UM, FOLLOWS BECAUSE THEY WOULD NEED THEIR PERMIT IN ORDER TO OPERATE AS A PROFESSIONAL OFFICE WITHIN THAT DISTRICT. THANK YOU. YES, MA'AM. THANK YOU VERY MUCH. THANK YOU. MM-HMM, , OF COURSE. IS THERE ANYONE HERE WHO WISH TO SPEAK IN FAVOR OF THIS ITEM? SECOND CALL. SAY SAME THING ALREADY. . . SAME BUILDING FOR THE, FOR THE RECORD, COUNCILOR BECKHAM SAID SHE WISHES TO SAY STATE THE SAME, UH, UH, STATEMENT IN FAVOR OF THIS ITEM THAT SHE JUST STATED A FEW MINUTES AGO. AND STATE FOR THE RECORD. OKAY. YOU, UH, ALRIGHT, SEC. THIRD CALL. ANYONE HERE WHO WISHES TO SPEAK IN FAVOR OF THIS ITEM? NOW LET'S SEE IF THERE'S ANYONE IN HERE WHO WISH TO SPEAK AGAINST THIS ITEM. SECOND CALL, NOT THIRD CALL. ANYONE HERE WHO WISH TO SPEAK AGAINST THIS ITEM? THANK YOU. ANY OTHER ITEMS THAT WE NEED TO ADDRESS TODAY? NO, SIR. OKAY. GOOD. COMMISSIONER, DO WE HAVE A MOTION TO CLOSE THE, UH, PUBLIC HEARING FOR THOSE LAST, FOR THE ZONING ITEMS? SO MOVED. I SECOND. ALL IN FAVOR SAY AYE. AYE. AYE IS HEAVY. ALRIGHT, LET'S START WITH THE REPL ITEM FIRST. AND WE HEAR A MOTION, I'LL MAKE A MOTION, UH, WITH THE, UH, WE'RE TALKING ABOUT CASE NUMBER R 24 DASH 20. AM I CORRECT? YES, SIR. UH, WITH THE UNDERSTANDING THAT WE ARE VOTING AS TO WHETHER OR NOT THE DEVELOPER FOLLOWED THE GUIDELINES, BASICALLY THAT'S WHAT WE'RE VOTING ON. UM, AS FAR AS THE RE THE, THE MINIMUM STANDARDS FOR THE REPL ITSELF YES, SIR. NOT THE DEVELOPMENT, JUST THE THE LINE LINES, YES. REPLANTING. BUT, BUT HE HAS FOLLOWED ALL OF THE GUIDELINES. YES, SIR. HE DOES MEET ALL MINIMUM REQUIREMENTS. YES, SIR. AND IT'S SORT OF OUR REQUIREMENT TO VOTE IN FAVOR OF IT IF HE'S DONE EVERYTHING HE'S SUPPOSED TO DO, IF EVERYTHING FOR HIS PROJECT OR THIS REPLAY ALIGNS WITH THE LAW. UM, OKAY. WELL, WELL, WITH, WITH THAT IN MIND, I'M GOING TO MOVE THAT WE ACCEPT THE REPLAY AND WITH THE UNDERSTANDING THAT THERE ARE RECOURSES THAT THE CITIZENS CAN TAKE EVEN IF WE VOTE. YES. SO THAT'S MY MOTION. YES, SIR. COMMISSIONER QUEEN, YOU HAVE A COMMENT? THIS IS A HARD, WELL, FIRST OF ALL, FIRST OF ALL, DO WE NEED A, DO YOU HAVE A SECOND? DO WE HAVE A SECOND? NO, HIS STATEMENT, HE, HE, HE MADE A MOTION. NO, I MADE A MOTION. HE MADE A MOTION. I'LL SECOND HIS MOTION. MM-HMM. . HOWEVER, MY COMMENT SINCE WE IN QUESTION PHASE AM ARE WE IN THE, THE VOTING PHASE? OKAY. UM, THIS IS HARD. YES. IT'S HARD. THIS IS A HARD ONE FOR ME. IT'S, UM, SIMPLY BECAUSE I'M ONE OF THOSE INDIVIDUALS HERE IN THE CITY WHO WANT THE BEST FOR OUR CITIZENS. AND [01:10:01] THAT DOESN'T ALWAYS HAPPEN. SO I HAVE A ISSUE WITH WHAT THE CITIZENS ARE AGREEING TO SAY NO TO. I ALSO UNDERSTAND WHAT THE DEVELOPER WANTS TO DO. HOWEVER, I STILL BELIEVE THAT THIS DEVELOPER SHOULD BE IN TOUCH WITH THE PEOPLE THAT LIVE AROUND THAT AREA. TALK TO THE CITIZENS. DON'T JUST START BUILDING SOMETHING THAT YOU HAVE A WHOLE COMMUNITY IN HERE SAYING, NO WAY TO, UM, SOMETHING'S WRONG WITH THAT PICTURE. WHETHER THEY LIKE ME OR NOT, I COULD CARE LESS. BUT THIS IS ON MY CONSCIENCE. I AM A FIRM BELIEVER IN VOTING FOR WHAT CITIZENS NEED AND DESIRE. I, I'M SORRY IF IF IT MEANS I'M GONNA GET DINGED FOR A NO VOTE, SO BE IT. THAT'S LIFE. AND HE MAY MEET WITH THEM. AND THIS IS JUST US FOCUSING ON THE REPLAY ITSELF. AND IF I VOTE NO, IT FAILS ANYWAY. AM I RIGHT? YES. YES. YEAH. WAIT A SECOND, COMMISSIONER. UH, AND HERE COMES MS. LANGFORD. COMMISSIONER, COMMISSIONER, COMMISSIONER QUEEN. UH, BEFORE, BEFORE SHE SPEAKS. I'M, I'M PERSONALLY NOT IN FAVOR OF THIS ITEM, SO, SO UN UNLESS SOMETHING CHANGES, I'M VOTING. NO. HI. HI. HOW YOU DOING MS? I'M WELL. GOOD EVENING. GOOD EVENING. UM, JUST TO KIND OF, UM, PIGGYBACK OFF OF MS. ARIES, UM, AND I JUST WANT TO MAKE SURE THAT THERE IS CLARITY. HOWEVER, UM, I DO AGREE IN REGARDS TO HAVING TO MAKE DECISIONS THAT BENEFIT THE CITIZENS OF PORT ARTHUR AS WELL AS THE COMMUNITY ITSELF. A LOT OF TIMES WHAT'S TIED INTO THAT IS ALSO PUBLIC EDUCATION. MM-HMM. . WE HAVE TO ENSURE THAT EVERYBODY UNDERSTANDS WHAT IS BEING DONE, HOW IT'S BEING DONE, AND THE LEGAL, LEGAL RAMIFICATIONS FOR GETTING CERTAIN THINGS ACCOMPLISHED WITHIN THIS CITY. IN, IN REGARDS TO DEVELOPMENT, UM, THERE IS A FEDERAL, FEDERAL, UH, CASE LAW THAT DEALS WITH NIMBY, NOT MY BACKYARD. ZONING IS NOT A TOOL THAT CAN BE USED TO DISCRIMINATE AGAINST DEVELOPMENT. IT'S A TOOL TO REGULATE WITHIN THE CITY. IN THIS PARTICULAR SITUATION, THIS PROPERTY WAS ZONED AS MULTIPLE FAMILY. WE CAN TRACE THIS BACK TO AS LONG AS 1989. THE CITY UNDERWENT A RIGOROUS PROCESS IN REZONING THAT TOOK PLACE, UM, AROUND 2022, ACTUALLY 2021, ALL THE WAY UP UNTIL 2022, WHERE WE HOSTED COMMUNITY MEETINGS, WORKSHOPS. THERE WERE, UM, ALSO, UM, WORKSHOPS WITH CITY COUNCIL. WHAT WE ASKED THE CI THE CITIZENRY TO COME OUT, REVIEW THE MAPS. LET'S LOOK AT THE VARIOUS DIFFERENT AREAS WITHIN THE CITY. IF THERE WAS ZONING CONFLICTS THAT WASN'T AGREED UPON AMONGST THE CITIES OR IN CERTAIN COMMUNITIES, THIS IS THE TIME TO STEP UP TO ASK FOR CERTAIN AREAS TO BE REZONED, TO TAKE THESE TYPES OF THINGS INTO CONSIDERATION. IN THIS PARTICULAR CASE, WITH THIS PARTICULAR PIECE OF PROPERTY ZONING WAS NOT CHANGED, A DESCRIPTION OF WHAT IT WAS CALLED. SO WE WENT FROM MULTIPLE FAMILY TO HIGH DENSITY RESIDENTIAL. WHEN YOU LOOK AT THE ZONING ORDINANCE, WHICH ALL OF YOU HAVE AT YOUR DISPOSAL, AND YOU LOOK AT THE COMPARISON CHART, IT'S THE SAME DESCRIPTION, IT'S THE SAME ZONING IN THE SAME USES. IN THIS PARTICULAR CASE, AS MS. RIES STATED ON SEVERAL DIFFERENT OCCASIONS, THIS IS NOT A QUESTION OF ZONING. THIS IS A REPL. THE REPL IS THE PROP, THE DEVELOPER, EXCUSE ME. IT'S REQUESTING TO REPL PROPERTY TO JUST ENSURE THAT THE PROPERTY IS PROPERTY IS CONTIGUOUS FOR, UM, FOR TAXING PURPOSES IN DENYING THE REPL. WOULD IT AFFECT THE DEVELOPMENT? IT WILL NOT. HE STILL WOULD BE ALLOWED BY RIGHT BY LAW TO DEVELOP THE APARTMENT COMPLEX ON ONE TRACK OF LAND AND DO HIS DETENTION POINT ON ANOTHER TRACK OF LAND. SO I JUST WANTED TO MAKE SURE FOR CLARITY PURPOSES, YOU DEFINITELY CAN VOTE YOUR DESIRE RATHER TO APPROVE OR DISAPPROVE. I JUST WANTED TO MAKE SURE THAT THE COMMISSION WAS AWARE THAT IT DOES NOT STOP THE DEVELOPMENT JUST BECAUSE YOU VOTE AGAINST THE REPLAY. IT JUST MEANS WHEN HE PAYS PROPERTY TAXES, HE'S PREYING ON TWO PIECES OF LAND VERSUS ONE. THANK YOU. THANK, THANK YOU MS. LANG. THANK YOU VERY MUCH. UH, ANY OTHER COMMENTS, UM, UH, COMMISSIONERS BEFORE WE TAKE A VOTE AND BEFORE WE VOTE? I APPRECIATE EVERY, WELL, LET ME JUST SAY MR. MANAGER, YOU GOT GOOD STAFF HERE. THEY'RE WORK. THEY'RE WORKING HARD AND I APPRECIATE EVERYTHING THAT THEY'VE DONE UP TO TAKE OUR COMPLAINTS [01:15:01] TODAY, BUT EVEN MANY YEARS BEFORE. SO I'M VERY, I'M WELL LISTEN, SPEAK ON LAW. AND I, AND I'M GOOD ABOUT ALL OF THAT, BUT I JUST WANTED TO SAY, UH, UH, BEFORE WE MOVE FORWARD, I, I I I, I, I FEEL FOR WHAT MR. WAGNER WAS SAYING AND APPRECIATE, UH, HIS, UH, INTEREST IN HAVING THE COMMUNITY HAVE CONVERSATIONS WITH THE OWNER. UH, AND HOPEFULLY THAT'LL HAPPEN, UH, REGARDLESS OF HOW THE VOTE TURNS OUT. BUT MY PERSONAL VIEW IS, I I'M MORE COMFORTABLE VOTING NO THAN THE VOTE. YES. I JUST WANTED TO SAY THAT BEFORE THE VOTE IS TAKEN, I, I JUST, UM, LIKE I SAID, I, I DON'T REMEMBER EVER SEEING SO MANY PEOPLE OF ONE VOICE ON ANY ITEM THAT WE'VE HAD. WE'VE HAD SOME GOOD CROWDS, BUT NOT LIKE TODAY. AND, AND I DON'T, AND I WISH THE OWNER OF SOMEBODY WOULD'VE COME TO SPEAK IN FAVOR OF THE ITEM. I WOULD'VE FELT BETTER ABOUT IT IF NOTHING ELSE FROM HIM TO HEAR OR HEARD TO HEAR THE COMMENTS OF THE, OF THE, OF THE PEOPLE IN THAT PARTICULAR NEIGHBORHOOD. SO THAT SAID, IS THERE ANYONE ELSE WHO HAS A COMMENT TO ME BEFORE WE TAKE A VOTE AND YOU VOTE YOUR CONSCIENCE? OF COURSE. YOU DOING A ROLL CALL? YES. COMMISSIONER. I CAN. MIGHT AS WELL, BUT JUST THREE PEOPLE. . OKAY. ALRIGHT. C COMMISSIONER WAGNER. YES. COMMISSIONER QUEEN. BOY. RELUCTANTLY, I DON'T HAVE A PROBLEM GOING TO JAIL. OKAY. FOR . OKAY. FOR WHAT'S RIGHT. OH, I, I ALREADY GOT MY ATTORNEY ON SPEED DIAL, UM, FOR THE CITY OF PORT ARTHUR, JUST IN CASE. I GUESS, UM, ONE WAY OR THE OTHER, IT'S GONNA HAPPEN. I GET THAT. I JUST WISH MY NAME WAS NOT ATTACHED TO IT. OKAY. I'M BE HONEST, I GUESS. YES. OKAY. AND, AND, AND BROWN VOTES? NO. SO THE ITEM PASSES. NO, IT DOESN'T. I THOUGHT YOU SAID YES, IT FAILS. I THOUGHT YOU SAID YES. I SAID YES, BUT YOU SAID NO. I SAID YES. YOU GOTTA HAVE THREE. YOU SAID NO, THE ITEM FAILED. AM I RIGHT? I DON'T THINK I DON'T. TWO TO ONE. I DON'T THINK SO. AM I CORRECT? I DON'T THINK THAT'S RIGHT. FAULT. IT PASSES. IT PASSES. OH, IT PASSES. YEAH. DO YOU CARE TO, YOU CARE TO RECONSIDER? DO I WANNA RECONSIDER? LET'S MOVE FOR IT. . NO, NO. I THINK IT, IT WON'T, IT WON'T CLARITY. NO, IT, I, HEY, IT'S RECORDED. I DON'T HAVE A PROBLEM. ALRIGHT, SO, SO, SO THE ITEM PASSES. BROWN VOTES KNOW. ALRIGHT, WE'LL GO TO THE NEXT ITEM ON ZONING. WE'LL HAVE HERE MOTION. THERE'S TWO ITEMS. TWO ITEMS, RIGHT? YES SIR. TWO SEPARATES, TWO SEPARATE. ONE ZONING AND ONE SPECIAL. LIKE SEPARATE BUT TOGETHER. YEAH, . ALRIGHT, LET'S, LET'S, LET'S DO A FIRST. OKAY. I MOVE THAT WE ACCEPT CASE NUMBER 2 2 4 DASH SIX CONCERNING THE WHITE HAVEN BUILDING. OKAY. UH, IS THAT A HEAR? SECOND. SECOND. ALL IN FAVOR? AYE. AYE. I VOTE. AYE. ALRIGHT. AND THEN VB 2 2 4 0 6 B ZERO MOTION. SO MOVED. I SECOND THAT WE, UM, MOVED AND IT'S BEEN MOVED AND SECONDED. ALL IN FAVOR? AYE. AYE, AYE. ALRIGHT. AYES HAVE IT. SO THOSE, THOSE, THOSE THOSE TWO ITEMS PASSED? YES SIR. ALRIGHT. UH, [VII. NEW BUSINESS - NON-PUBLIC HEARING ITEMS] UH, STAFF THERE ANY OTHER COMMENT OR QUESTIONS OR ISSUES THAT WE NEED TO ADDRESS BEFORE WE CLOSE? UM, ONCE AGAIN, THANK YOU COMMISSIONERS FOR ALL YOU DO. YOU ARE APPRECIATED. AND THANK YOU. THIS WASN'T EASY FOR YOU, SO THANK YOU SO MUCH. BUT I DIDN'T MEAN TO MAKE IT SO HARD FOR YOU. NO, NO, NO. IT'S OKAY. YOU, I MEAN I, IT IS LIKE, UH, UH, PAM SAID NOT IN MY BACKYARD. YES MA'AM. AND I AGREE. NOT IN MY BACKYARD. SO IS THERE A STAFF REPORT? YES. UM, WE ARE MOVING FORWARD WITH, UM, THE CITIZEN'S COMMENTS FOR LA'S LANDING ONE AND TWO ON PLEASURE ISLAND. SO WE DO HAVE A MEETING, UM, A COMMUNITY MEETING SCHEDULED FOR AUGUST 22ND. AND ONCE WE GET THE FEEDBACK FROM THE COMMUNITY, UM, I WILL LET YOU ALL KNOW WHAT THEIR COMMENTS AND THEIR FEEDBACK WAS AND WE'LL SEE WHETHER OR NOT WE'LL BE MOVING FORWARD WITH THE ZONE CHANGE ON ALITY. SO YOU HAVEN'T SCHEDULED A MEETING YET? YES. THE MEETING IS SCHEDULED. NO, NOT YOU ALL. WE ARE RECEIVING PUBLIC COMMENT FIRST. OKAY. OKAY. AND THEN WE'LL MEET WITH THE COMMISSIONERS. IS THERE A PROJECTION FOR THE NEXT MEETING FOR THIS GROUP? SEPTEMBER 23RD, 2024. SEPTEMBER 23RD. THANK YOU. OH YES. AND I'M SORRY COMMISSIONERS. WE DO HAVE THE PUBLIC HEARINGS FOR THE SUP THAT WE DISCUSSED ON TODAY. [01:20:01] AND FOR THE ZONING MAP AMENDMENT FOR WHITE HAVEN ON AUGUST 27TH, IT'LL GO BEFORE CITY COUNCIL AT 6:00 PM WAIT A MINUTE. AUGUST 27TH. 27TH. MM-HMM, . I WILL BE ON A CRUISE. OKAY, SO Y'ALL CAN LEAVE ME OUT. AUGUST 27TH. YES. AUGUST 7TH. YEAH, THAT'S A TUESDAY. TUESDAY, TUESDAY IT'LL GO BEFORE CITY COUNCIL. CLARIS. I WILL BE HERE. I'LL BE OUT OF THE COUNTRY. 'CAUSE YOUR RECOMMENDATION WILL GO BEFORE THEM. YOU DON'T HAVE TO SHOW UP, BUT YOUR RECOMMENDATION WILL BE. SO WE HAVE TO GIVE A RECOMMENDATION TODAY. WELL, YOU'VE ALREADY VOTED. SO YOUR RECOMMENDATION WOULD BE WAS TO PASS THE APPROVE THE ZONING MAP AMENDMENT AND THE SPECIFIC USE PERMIT AND WE WILL PRESENT IT TO CITY COUNCIL FOR FINAL VOTE. OKAY? YES. MR. MR. UH, CITY MAYOR, DO YOU CARE TO COMMENT? LEMME JUST, LEMME SAY GOOD AFTERNOON, GOOD EVENING TO GOOD AFTERNOON. GOOD. LEMME SAY THANK YOU. LET ME SAY THANK YOU. DR. QUEEN MADE A A, A STATEMENT A WHILE AGO. UM, DR. QUEEN, THE JOB THAT YOU DO IS A VERY DIFFICULT ONE. IT'S A VERY DIFFICULT ONE BECAUSE THIS COUNTRY IS BUILT ON DEMOCRACY, OKAY? AND EVERY INDIVIDUAL CITIZEN WHO COMES THERE HAS A VOICE. MM-HMM. . AND THE VOICE HAS TO BE LISTENED TO. AND MANY A TIMES WE ARE BEING PLEASED BETWEEN A ROCK AND A HEADSTONE TO MAKE A DECISION. UM, ESPECIALLY WHEN THERE IS A LOT OF COMMUNITY AND PUBLIC SENTIMENT THAT'S CONCERNED. BUT I APPLAUD YOU FOR WHAT YOU DO. YOU TAKE THE COURAGE AND YOU MAKE A DECISION. AND THAT IS WHAT HELPS DEMOCRACY TO GROW ESP AT THE LOCAL LEVEL, AT THE MUNICIPAL LEVEL, AND AT THE NATIONAL LEVEL. YOU KNOW, AND WE UNDERSTAND THAT AS WELL. BUT I JUST WANT TO SAY THANK YOU FOR WHAT YOU DO. UM, WE DON'T PAY YOU TO DO IT, YOU KNOW, BUT OUT OF YOUR CONCERN AND YOU SEE THIS PART OF YOUR CIVIC RESPONSIBILITY, YOU DO IT BECAUSE YOU LOVE THE CITY THAT YOU LIVE IN AND YOU SERVE. SO LET ME SAY THANK YOU SO VERY MUCH TO ALL THREE OF YOU ALL, AND TO THOSE WHO ARE NOT EVEN HERE THIS EVENING, THANK YOU IMMENSELY FOR WHAT YOU DO. THANK YOU. AND THANK YOU, THANK YOU. AND I, I DO APPRECIATE IT AND I'M SURE OUR STAFF DO APPRECIATE IT AS WELL. UM, I'VE ALWAYS TOLD STAFF EVEN WHEN I WAS, UM, DIRECTOR OF PLANNING, LET US STICK TO THE LAW. LET US STICK TO THE LAW, LET US STICK TO THE LAW. UM, UM, I'VE BEEN A PLANNER FOR OVER 20 YEARS AND, UM, I'VE DEVELOPED CERTAIN HEALTH CONDITIONS BECAUSE IN MY YOUNGER DAYS I, I GOT VERY PASSIONATE ABOUT WHAT I DID AND I ALWAYS TELL THEM, DON'T, DON'T GET HIGH BLOOD PRESSURE OVER IT. YOU KNOW, AND THEY MAKE A DECISION, GO AND SLEEP OVER IT AND COME BACK TOMORROW. YOU'LL LIVE TO FIGHT ANOTHER DAY. BUT WHEN YOU'RE YOUNG, YOU'RE NAIVE, YOU KNOW WHO'S YOUNG AND, UM, BUT THANK YOU VERY MUCH. WELL THANK, THANK YOU AS WELL. THANK YOU VERY MUCH FOR WORKING. THANK YOU AS WELL. AND WE ARE THANKFUL FOR THE STAFF. YES. FOR THE WORK THAT THEY DO. THEY, THEY, THEY, THEY'RE, THEY'RE ALWAYS ON TIME ON TARGET. YES. AND, UH, AND SERIOUS FOLLOWING THE LAW. YES. AND DOING THE GREAT THINGS THAT WE NEED FOR THEM TO DO IN SUPPORTING THE CITY. ABSOLUTELY. ABSOLUTELY. SO THANK YOU. THERE IS NO ROOM. I'VE ALWAYS TOLD STAFF THROUGH, THERE'S NO ROOM FOR YOUR PERSONAL OPINION. THAT'S RIGHT. YEAH. THERE'S NO ROOM FOR YOUR PERSONAL OPINION. RIGHT. SHARED WITH YOUR HUSBAND, YOUR WIFE, YOUR PARTNER AT WHOM. BUT WHEN YOU SEE IT COMES TO THESE STAIRS, YOU JUST TELL THEM WHAT THE LAW IS. RIGHT. AND YOU LET THE CHIPS FALL. DON'T GET MAD ABOUT IT, THIS DECISION. RIGHT. JUST LET THE CHIPS FALL WHERE THEY MEET. RIGHT. AND THAT'S IT. AND WE WILL LEAVE TO FIGHT ANOTHER DAY. THANK YOU SIR. YOU THANK YOU. THANK YOU VERY THANK YOU VERY MUCH. YOU'RE WELCOME. ALRIGHT. , ANY OTHER REPORTS OR COMMENTS? THAT'S ALL. ALRIGHT. WE'RE HERE SEPTEMBER 23RD. DO WE HEAR A MOTION TO ADJOURN? SO MOVED. I SECOND GOODBYE. AND THE TIME, THE TIME IS 7 0 6. THIS MEETING IS ADJOURNED. THANK YOU. THANK YOU COMMISSIONERS. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.