HomeMy WebLinkAboutPO 7100: AMENDING THE ZONING ORDINACE City of
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DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF PLANNING AND ZONING
INTEROFFICE MEMORANDUM
Date: September 19, 2022
To: The Honorable Mayor and City Council
Through: Ronald "Ron" Burton, City Manager
From: Pamela D. Langford, Assistant City Manager— Operations/Director of
Planning and Development Services
RE: P.O. NO. 7100 — An Ordinance amending the Zoning Ordinance of the
City of Port Arthur by changing zoning designation.
Introduction:
This agenda item intends to seek the City Council's decision of P.O. NO. 7100,
amending Appendix A — Zoning of the City of Port Arthur Code of Ordinance, by
changing the zoning from Agricultural (A) to Light Industrial (LI) for approximately 95.4-
Acres of Land out of and a part of Lots 2-7, Block 13, Range "L", Port Arthur Land
Company Subdivision (south of Park Central Boulevard and east of F.M. Highway 365),
recorded in Volume 1, Page 22, Map Records, Jefferson County, Texas, being part of
a (Called 274.9) acre tract of Land described in a deed to MBV Real Estate, LLC,
recorded File No. 2022015812, Official Public Records, Jefferson County, Texas.
The applicant, MBV Real Estate, LLC, seeks this zoning change to develop an Industrial
Subdivision (a.k.a. Industrial Park).
Background:
An application for a zoning change was filed with the Planning and Zoning Commission
on July 13, 2022. The Public Notice was published in the Port Arthur Newspaper on
July 23, 2022, and mailed to adjacent property owners within 200 ft. of the subject site.
The Commission held a public hearing on August 15, 2022, and voted 5:0,
recommending the request's approval.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
Pursuant to Appendix "A", Section 24 of the City's Zoning Ordinance, any person or
corporation having a proprietary interest in any property may petition the City Council
for a change or amendment to the provisions of this Ordinance. The Planning and
Zoning Commission may institute a study and proposal for changes and amendments
in the public interest on its motion or request from the City Council.
Before taking action on any proposed amendment, supplement, or change, the Council
shall submit the same to the Planning and Zoning Commission for its recommendation
and report. The Commission may recommend that the amendment be approved as
requested, or a more restrictive amendment than requested in accordance with section
7, or it may suggest that the amendment be denied.
On August 30, 2022, City Council approved Resolution No. 22-392, calling for a public
hearing. The City Secretary's Office prepared and mailed notifications for the public
hearing and published a public notice in the Port Arthur Newspaper before the public
hearing date.
City Council will hold a public hearing on September 27, 2022, at 6:00 p.m. in
accordance with Section 211.006 of the Texas Local Government Code, the Planning
Staff has received written/verbal notification in opposition to the request as follows:
WrittenNerbal Oppostion: 0
WrittenNerbal In Favor: 1 (Property Owner)
The Planning and Zoning Commission recommended approval of this request, nor has
Planning Staff received any opposition from property owners accounting for (20%)
percent or more of the area of Land immediately adjoining the site and extending two
hundred (200') feet. Therefore, the proposed Ordinance can be approved by a simple
majority vote of the governing body.
Budget Impact:
None
Recommendation:
The City Council take action on P.O. NO. 7100, amending Appendix A — Zoning of the
City of Port Arthur Code of Ordinance, by changing the zoning from Agricultural (A) to
Light Industrial (LI) for approximately 95.4-Acres of Land out of and a part of Lots 2-7,
Block 13, Range "L", Port Arthur Land Company Subdivision (south of Park Central
Boulevard and east of F.M. Highway 365), recorded in Volume 1, Page 22, Map
Records, Jefferson County, Texas, being part of a (Called 274.9) acre tract of Land
described in a deed to MBV Real Estate, LLC, recorded File No. 2022015812, Official
Public Records, Jefferson County, Texas.
"Remember, we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.O. NO.7100
09/19/2022 PDL
PAGE 1 OF 10
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF PORT ARTHUR BY CHANGING THE ZONING FROM
AGRICULTURAL TO LIGHT INDUSTRIAL FOR APPROXIMATELY
95.4-ACRES OF LAND OUT OF AND A PART OF LOTS 2-7,
BLOCK 13, RANGE "L", PORT ARTHUR LAND COMPANY
SUBDIVISION (SOUTH OF PARK CENTRAL BOULEVARD AND
EAST OF F.M. HIGHWAY 365), 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 [$2,000.00] DOLLARS); AND PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF
PORT ARTHUR EFFECTIVE IMMEDIATELY AFTER PUBLICATION
DATE.
Z22-06 — MBV REAL ESTATE, LLC
WHEREAS, MBV Real Estate, LLC is the owner of certain real property consisting
of 95.4-Acres of Land out of and a part of Lots 2-7, Block 13, Range "L", Port Arthur Land
Company Subdivision, Port Arthur, Jefferson County, Texas, and as more particularly
identified and described in Exhibit "A"' and,
WHEREAS, the property will be subdivided and developed by the owner, its
affiliates, or their successors and assigns for construction and use in general accordance
with the City's Zoning Ordinance; and,
WHEREAS, the owner has applied to the City to rezone the Property from
Agricultural (A) to Light Industrial (LI) to develop an Industrial Subdivision (A.K.A.
Industrial Park); and,
WHEREAS, all 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 on September
27, 2022, at 6:00 p.m.; and,
P.O.NO.7100
09/19/2022 PDL
PAGE 2 OF 10
WHEREAS, the proposed change may be protested in accordance with
Subsection (d) of said Section 211.006; and,
WHEREAS, after public notice, the Planning and Zoning Commission conducted
a public hearing on August 15, 2022, and recommended in a vote of 5:0 that the proposed
request be approved; and,
WHEREAS, the City Council has reviewed this proposed Ordinance and has
determined that it promotes the health, safety, and general welfare of the citizens of Port
Arthur; complies with the intent of the City of Port Arthur Comprehensive Plan; and is
necessary in light of changes in the neighborhood; and,
WHEREAS, the City Council finds that this proposed Ordinance ensures the
compatibility of Land uses and allows for adjusting changing demands to meet the
community's current needs by fulfilling the purpose outlined in the City's Zoning
Ordinance; 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 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 six [6] members) if the proposed change is
protested in accordance with said Subsection (d) of the City's Planning and Zoning
Commission recommends that the proposed change to a regulation or boundary be
denied.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
P.O. NO.7100
09/19/2022 PDL
PAGE 3 OF 10
SECTION 1. That the zoning designation on the following tract of Land located in
the City of Port Arthur, Jefferson County, Texas be and the same is changed from the
Agricultural (A) District to Light Industrial (LI) District:
APPROXIMATELY 95.4-ACRES OF LAND
OUT OF AND A PART OF LOTS 2-7, BLOCK 13, RANGE "L",
PORT ARTHUR LAND COMPANY SUBDIVISION
(SOUTH OF PARK CENTRAL BOULEVARD AND EAST OF F.M. HIGHWAY 365),
RECORDED IN VOLUME 1, PAGE 22, MAP RECORDS,
JEFFERSON COUNTY, TEXAS, BEING PART OF A
(CALLED 274.9) ACRE TRACT OF LAND DESCRIBED IN
A DEED TO MBV REAL ESTATE, LLC,
RECORDED FILE NO. 2022015812, OFFICIAL PUBLIC RECORDS,
JEFFERSON COUNTY, TEXAS.
EXHIBIT "A"
Section 2. That the Building Official and the Director of Development Services
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, to reflect on said Map, the changes hereby made in conformity with
the legend of said Map.
SECTION 3. 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 shall not affect the validity of the remaining portions
hereof.
SECTION 4. That all ordinances and parts of ordinances in conflict herewith are
hereby repealed, but only to the extent of such conflict.
SECTION 5. That any person, firm, or corporation who violates any provision of
this Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not
exceeding Two Thousand Dollars [$2,000.00] as provided in Section 1-13 of the Code of
P.O. NO.7100
09/19/2022 PDL
PAGE 4 OF 10
Ordinances, and each day such violation shall be permitted to exist shall constitute a
separate offense.
SECTION 6. That this ordinance or its caption and penalty shall be published at
least one (1) time within ten (10) 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 7. That pursuant to Section 211.006(d) of the Texas Local Government
Code, 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.
SECTION 8. That in accordance with Section 211.006(d) of the Texas Local
Government Code, notification was mailed to adjacent property owners within a 200 feet
radius of the proposed site, as well as published in the Port Arthur Newspaper a minimum
of 15 days prior to the public hearing.
SECTION 9. That because Section 211.006 (d-f) of the Texas Local Government
Code and Section 34-105 of the Zoning Ordinance does not apply, a simple majority vote
of the City Council is sufficient to adopt this Ordinance.
READ, ADOPTED, AND APPROVED this the day of September, A.D.,
2022, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the
following votes: AYES:
P.O. NO.7100
09/19/2022 PDL
PAGE 5 OF 3.0
Mayor:
Council members:
Noes:
Thurman Bill Bartie, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED AS TO FORM:
efY.
A-gi
Valecia Va JL
Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
Ro d "Ron" Bur�top, City Manager
a/rY1 L 44)17:0
Pamela D. Langford, Assistant City Manager—
Operations/Director of Development Services
P.O. NO.7100
09/19/2022 PDL
PAGE 6 OF 10
EXHIBIT "A"
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PAGE 7 OF 10
OUTEX TBPE Firm No.F-5755
;, TBPLS Firm No.10123800
LA EF.0005711
i` �� 3737 Doctors Drive
Port Arthur,Texas 77642
SURVEYORS&ENGINEERS Office(409)983.2004
Fax(409)983.2005
EXHIBIT "A"
95.4 ACRES OF LAND, OUT OF BLOCK 13
RANGE "L", PORT ARTHUR LAND COMPANY SUBDIVISION
CITY OF PORT ARTHUR,JEFFERSON COUNTY, TEXAS
BEING 95.4 acres of land, out of and a part of Lots 2-7, Block 13, Range "L", Port Arthur Land
Company Subdivision, recorded in Volume 1, Page 22, Map Records, Jefferson County, Texas,
being part of a (Called 274.9) acre tract of land described in a deed to MBV Real Estate, LLC,
recorded File No. 2022015812, Official Public Records, Jefferson County, Texas; said 95.4 acre
tract being more fully described by metes and bounds as follows, to wit:
Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate System of
1983, South Central Zone, US Survey Feet, and are referenced to SmartNet, North America.
BEGINNING at a disc found in concrete for a TXDOT monument on the intersection of the
Southeast right of way line of a dedicated road named FM Highway 365 and the Easterly right of
way line of a(Called 5.478) acre tract of land described in a deed to Jefferson County District No.
7, recorded in Volume 654, Page 537, and Volume 1714, Page 166, Deed Records, Jefferson
County, Texas; said monument being on the Southeast line of a (Called 2.324) acre tract of land
described in a deed to The State of Texas, recorded in File No. 2012006051, Official Public
Records,Jefferson County,Texas and being the most Westerly corner of the herein described tract,
having a Texas Coordinator of N: 13920770.41, E: 3549894.82;
THENCE, North 37 deg., 00 min., 10 sec., East, on the Southeast right of way line of said FM
Highway 365, same being the Southeast line of the (Called 2.324) acre tract, a distance of 356.93'
to a 'A" steel rod, capped and marked "SOUTEX", found for the most Westerly corner of Tractor
Supply Company, recorded in File No. 2015024291, Official Public Records, Jefferson County,
Texas, same being the most Northerly corner of PATX, LLC, a 60' wide easement, recorded in
File No. 2016021743, Official Public Records, Jefferson County, Texas;
THENCE, South 52 deg.,59 min.,29 sec.,East,on the Southwest line of Tractor Supply Company
Tract, a distance of 451.31' to a '/2" steel rod, capped and marked "SOUTEX", found for the most
Southerly corner of said Tractor Supply Company Tract;
THENCE, North 37 deg., 00 min., 34 sec., East, on the Southeast line of said Tractor Supply
Company Tract, a distance of 341.95' to a %2" steel rod, capped and marked "SOUTEX", found
for the most Easterly corner of said Tractor Supply Company Tract;
THENCE, North 53 deg., 00 min., 05 sec., West, on the Northeast line of said Tractor Supply
Company Tract, a distance 451.27' to a %2" steel rod, capped and marked "SOUTEX", found for
the most Northerly corner of said Tractor Supply Company Tract, on the Southeast right of way
! line of said FM I Iighway 365, same being the Southeast line of the (Called 2.324) acre tract;
P.O. NO.7100
09/19/2022 PDL
PAGE 8 OF 10
THENCE, North 37 deg., 00 min., 44 sec., East, on the Southeast right of way line of said FM
Highway 365, same being the Southeast line of the(Called 2.324)acre tract, a distance of 527.58'
to a %2" steel rod, capped and marked "SOUTEX", set for the most Westerly corner of Tract 8-C,
Plat of Park Central Boulevard, recorded in File No. 2014002528, Official Public Records,
Jefferson County,Texas; said 'A"steel rod being the most Northerly corner of the herein described
tract;
THENCE, South 53 deg., 00 min., 06 sec., East, on the Southwest right of way line of said Park
Central Boulevard, same being the Southwest line of said Tract 8-C, a distance of 1979.82' to a
Y2" steel rod, capped and marked "GATES", found for the most Southerly corner of said Tract 8-
C; said ''/2" steel rod being on the South line of a proposed right of way for Jimmy Johnson
Boulevard Extension;
THENCE, South 53 deg.,00 min.,06 sec.,East,on the South line of said proposed Jimmy Johnson
Boulevard Extension, a distance of 271.94' to a point for corner:
THENCE, continuing on the South line of proposed Jimmy Johnson Boulevard Extension, on an
arc of a curve to the left, having a radius of 1705.43', an arc length of 291.74', a chord bearing of
South 62 deg., 52 min., 19 sec., East, a chord distance of 291.39' to a point for corner, being the
most Easterly corner of the herein described tract;
THENCE, South 36 deg., 38 min.,32 sec., West, a distance of 1900.61' to a '/2" steel rod, capped
and marked "SOUTEX", found for an angle point on the Southwest line of the (Called 274.9) acre
tract, same being an angle point on the Northeast line of the (Called 5.478) acre tract and most
Southerly corner of the herein described tract;
THENCE, North 50 deg., 04 min., 21 sec., West, on the Northeast line of the (Called 5.478) acre
tract, a distance of 527.00' to a %2" steel rod found for corner;
THENCE, North 50 deg., 49 min., 47 sec., West, continuing on the Northeast line of the (Called
5.478), a distance of 918.46' to a ''/2"steel rod, capped and marked "SOUTEX", set for corner;
THENCE, North 40 deg., 55 min., 48 sec., West, continuing on the Northeast line of the (Called
5.478) acre tract, a distance of 157.85' to a '/2" steel rod found for corner;
THENCE, North 23 deg., 55 min., 48 sec., West, continuing on the Northeast line of the (Called
5.478) acre tract, a distance of 1089.74' to the POINT OF BEGINNING and containing 95.4
acres of land, more or less.
This description is based on a prior Land Survey made under the direct supervision of Anthony M.
Leger, Registered Professional Land Surveyor No. 5481 on June 27, 2021.
MVB REAL ESTATE/PROPOSED ZONE CHANGE
LS-22-0316
P.O. NO. 7100
09/19/2022 PDL
PAGE 9 OF 10
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