HomeMy WebLinkAboutPO 7235: CHANGING THE ZONING ON AN APPROXIMATELY 3.155-ACRE TRACT OF LAND IN THE PORT ARTHUR LAND COMPANY SUBDIVISION toy--1
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www.PortArthurTx.gov
DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF PLANNING AND ZONING
INTEROFFICE MEMORANDUM
Date: March 28, 2024
To: The Honorable Mayor and City Council
Through: Ronald "Ron" Burton, City Manager,CPM
From: Aries R. Milo, Senior Planner— Division of Planning & Zoning
RE: P.O. NO. 7235—An Ordinance changing the Zoning on an approximately
3.155-acre Tract of Land in the Port Arthur Land Company Subdivision
Introduction:
This agenda item intends to seek the City Council's approval of P.O. NO. 7235 to
change the zoning from Heavy Industrial "HI" to a Planned Development District (PD)
on approximately 3.155-acre Tract of Land being part of the Port Arthur Land Company
and consisting of Lot 5, Tract 4, Block 13, Range L, Port Arthur Land Company
Subdivision, Jefferson County, Texas (Property is located at 1250 Highway 365).
The purpose of this request is to change the zoning from Heavy Industrial to a Planned
Development District for the development of a health and occupational clinic for the
industrial workforce.
Background:
The applicant attended a pre-development meeting on January 24, 2024, to discuss the
proposed development. Representatives of the development were informed by
Planning Staff, per Section 3.03, of the City of Port Arthur Zoning Ordinance, that the
use type (i.e., health clinic) is prohibited in the current zoning designation (Heavy
Industrial), requiring a rezoning of the property. Representatives acknowledged the
requirement at the meeting and stated that they would apply for a zoning change. The
applicants were provided additional information on how to proceed with this request.
A completed application was filed with the Planning and Zoning Commission on or
around January 29, 2024, requesting a zoning change for the abovementioned
"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.7235
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RESOLUTION NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF PORT ARTHUR BY CHANGING THE ZONING FROM HEAVY
INDUSTRIAL TO PLANNED DEVELOPMENT ON APPROXIMATELY A
3.155-ACRE TRACT OF LAND BEING OUT OF PORT ARTHUR LAND
COMPANY, AND CONSISTING OF LOT 5, TRACT 4, BLOCK 13, RANGE
"L", PORT ARTHUR LAND COMPANY SUBDIVISION, JEFFERSON
COUNTY, TEXAS (VIOLATION OF ANY PROVISION OF THIS
ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE
PUNISHED BY A FINE NOT EXCEEDING $2,000.00, AS PROVIDED IN
CHAPTER 1, SECTION 1-13 OF THE CODE OF ORDINANCES, AND
EACH DAY WHICH VIOLATION IS PERMITTED TO EXIST SHALL
CONSTITUTE A SEPARATE AND DISTINCT OFFENSE.); AND
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF
THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER
PUBLICATION DATE.
Z24-02 — HEALTH & SAFETY COUNCIL
WHEREAS, in accordance with Appendix A, Section 6.03(A) of the City of Port
Arthur Zoning Ordinance, Health and Safety Council, being the owner and having a
proprietary interest in the real property consisting of approximately a 3.155-acre Tract of
Land being out of Port Arthur Land Company, and consisting of Lot 5, Track 4, Block 13,
Range L, Port Arthur Land Company Subdivision, Jefferson County, Texas, has
petitioned the City Council for a change or amendment to the zoning of said property; and
WHEREAS, all requirements of Article XI, Section 2(b) of the City Charter and
Appendix A — Zoning of the City of Port Arthur Code of Ordinances, including Sections
211 .006 and 211 .007 of the Texas Local Government Code, having been fulfilled, the City
Council held a public hearing March 26, 2024, at 10:00 a.m.; and
WHEREAS, the property will be combined and developed by the Owner, its
affiliates, or their successors and assigns for construction and use in general accordance
with Appendix A, Sections 3.03 and 2.05 (C) of the City's Zoning Ordinance; and
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WHEREAS, in accordance with Section 211.007 of the Texas Local Government
Code and Section 6.03(D) of the City's Zoning Ordinance, the Planning and Zoning
Commission held a public hearing for this case on March 4, 2023, as well as written
notices were sent to each owner, before the 10th day before the hearing date, as indicated
by the most recent approved municipal tax roll, of real property within 200 feet of the
property on which the change in classification is proposed; and
WHEREAS, the Planning and Zoning Commission recommended "Approval" of
this request; and
WHEREAS, in accordance with Section 211.006(a) of the Texas Local
Government Code and Section 5.02 of the City's Zoning Ordinance, the City Council held
a public hearing for this case on March 26, 2024. Official notice of the time and place of
the hearing was published in the official newspaper of the City of Port Arthur before the
t"
15 day of said hearing; and,
WHEREAS, the Port Arthur City Council has reviewed this proposed Ordinance
and finds that it would be in the public interest and general welfare of the city, 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 the adjustment of changing demands to meet the
current needs of the community by meeting the following purpose in accordance with
Appendix "A", Section 2.05 (C) of the City's Zoning Ordinance; and
WHEREAS, the proposed change could have been protested in accordance with
Section 211,006(d) of the Texas Local Government Code; and
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WHEREAS, Section 211.006(d)(f) of the Texas Local Government Code and
Section 6.03 of Appendix A-Zoning, of the Port Arthur Code of Ordinances are applicable
for the proposed change to take effect; and
WHEREAS, these laws require a simple majority vote of all members of the City
Council; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
Section 1. That the zoning designation on the following tract(s) of land located in
the City of Port Arthur, Jefferson County, Texas, be and the same is changed from the
Heavy Industrial (HI) District to the Planned Development District (PD) District:
3.155-acre Tract of Land being part of
Port Arthur Land Company and
consisting of Lot 5, Tract 4, Block 13, Range L,
Port Arthur Land Company Subdivision,
Jefferson County, Texas
EXHIBIT "A"
Section 2. That the Building Official and the Director of Planning & Development
Services are authorized and directed to make all necessary changes to the official "Zoning
Map, City of Port Arthur, Texas," on file in the offices of Inspections and Permitting and
the Planning and Zoning Divisions, so as 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 holding 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.
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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
$2,000.00, as provided in Chapter 1, Section 1-13 of the Code of Ordinances, and each
day which violation is permitted to exist shall constitute a separate and distinct 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 because this request has not been protested according to Section
6.03 of Appendix A — Zoning of the Port Arthur Code of Ordinances or 211.006 of the
Texas Local Government Code, a three-fourths (3/4) majority (6 votes) is not required for
the adoption of this Ordinance.
READ, ADOPTED, AND APPROVED this day of April, A.D.2024, at a Regular
Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES:
MAYOR
COUNCILMEMBERS:
NOES:
Thurman Bill Bartie, Mayor
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ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED AS TO FORM:
- '
es M. Black, Interim City Attorney
APPROVED FOR ADMINISTRATION:
Ronald "Ron" Burton, CPM, City Manager
Pamela D. Langford, Assistant City Manager-Operations/
Director of Development Services
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EXHIBIT "A"
P.O. NO.7235
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Planned Development District - 44
SECTION 1: STATEMENT OF PURPOSE
The purpose and intent of this Planned Development District is to permit the
development of medical or dental clinic in a heavy industrial district.
SECTION 2: STATEMENT OF EFFECT
The Planned Development District shall not affect any regulation found in the City
of Port Arthur Code of Ordinances, Ordinance No. 22-49, as amended, except as
specifically provided herein.
SECTION 3: AREA
That the zoning designation of the following described tract of land be and the
same is hereby zoned "PD-44", Planned Development-44 District under the provisions of
Section 2.05 (C):
3.155-acre Tract of Land being out of Port Arthur Land Company and consisting
of Lot 5, Track 4, Block 13, Range L, Port Arthur Land Company Subdivision,
Jefferson County, Texas.
SECTION 4: GENERAL REGULATIONS
All regulations of the "HI", Heavy Industrial District set forth in Appendix A, Section
3 of the City of Port Arthur Code of Ordinances (Ordinance No. 22-49), as amended, are
included by reference, except as otherwise specified by this ordinance.
SECTION 5: SPECIFIC REGULATIONS
A. Permitted Uses: All uses of the "HI" Heavy Industrial District shall be permitted. In
addition, the following uses shall be permitted:
1. Medical or Dental Clinic
2. Professional Office, Local
3. Professional Office, Regional
B. Height Regulations: The height standards shall follow applicable approach zone
height standards for the Jefferson County Airport, as they may apply to the
premises, shall be observed.
C. Density, Coverage, Parking, and Loading Regulations: The density, coverage, off-
street parking, off-street loading, height, and yards shall comply with the standards
established for the use in Section 3.03 unless otherwise authorized herein or on
the Comprehensive Site Plan or development plan approved by the Planning and
Zoning Commission.
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D. Noise Standards: Noise standards shall be those established for Commercial
Districts for nonresidential uses.
E. Privacy Screening: Privacy screening will be required in accordance with
applicable sections of the Port Arthur Code of Ordinances.
F. Special Requirements: No building, sign, structure, or other structural
improvement shall be erected nearer than twenty-five (25) feet to the right-of-way
of F.M. Highway 365. Driveways may be constructed across the land strip created
by such setbacks, but no portion of any such driveway which may be parallel to or
approximately parallel to any street right-of-way line nor any off-street parking area
adjacent to right-of-way shall be located nearer than fifteen (15) feet to such right-
of-way line; it is the purpose and intent of this provision to create a minimum fifteen
(15) foot strip for lawn, planting, and general landscaping purposes between any
building and the street right-of-way and to permit only the construction of essential
driveways and walks crossing such strip.
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