HomeMy WebLinkAboutPO 7250: CHANGING THE ZONING ON 34.13-ACRE TRACT OF LAND Z24-04 - GIPSON COMMERCIAL PROPERTIES City of
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DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF PLANNING AND ZONING
INTEROFFICE MEMORANDUM
Date: May 23, 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 C
RE: P.O. NO. 7250—An Ordinance changing the Zoning on an approximately
34.13-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. 7250 to
change the zoning from a High-Density Residential District (HDR) to a Heavy Industrial
District (HI) on approximately 34.13-acre Tract of Land being part of the Port Arthur
Land Company and consisting of Lot 5 & 6, Block 2, Range "D", Port Arthur Land
Company Subdivision, Jefferson County, Texas (Property is located Northeast of Main
Avenue & Southeast of West Crane Bayou).
The purpose of this request is to change the zoning from High Density Residential to a
Heavy Industrial District for the development of a laydown yard.
Background:
On March 25, 2024 property owners applied for a zoning change from "HDR" High
Density Residential to Heavy Industrial "HI" to allow for the development of laydown
yard for industrial products.
Per Appendix A, Section 3: Land Uses, providing an effective date of January 1 , 2023,
a "Laydown Yard" is prohibited in residential zoned districts within the city limits.
Per Appendix A, Section 6.03 of the City of Port Arthur Zoning Ordinance, any person
or corporation having a proprietary interest in any property may petition the City Council
"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
for a change or amendment to the provisions of this ordinance. The Planning and
Zoning Commission may, on its own motion or on request from the City Council, institute
study and proposal for changes and amendments in the public interest.
In accordance with chapter 211 of the Texas Local Government Code, a public hearing
shall be held by the City Council before adopting any proposed amendment,
supplement, or change.
Notification of the hearing date and time will be published in the official newspaper of
the city, and mailed to adjacent property owners within a 200' radius a minimum of 15-
days before the public hearing.
The Planning & Zoning Commission conducted a public hearing on April 15, 2024 at
5:30 p.m. and voted 4:0 recommending approval for said request.
On April 9, 2024, the City Council approved Resolution No. 24-151, calling for a public
hearing in accordance with Section 211.006(a-1) of the Texas Local Government Code.
The City Secretary's Office published the public notice in the Port Arthur Newspaper on
May 18, 2024, as well as prepared and mailed notifications to adjacent property owners
on May 20, 2024.
The City Council will conduct a public hearing on June 4, 2024, at 6:00 p.m. The
following is a listing of community members who verbally voiced their opinions on the
said request:
Planning and Zoning Commission Meeting (04/15/2024):
• Statements of Opposition (Written): 00
• Number of Petitioners (opposing): 00
• Verbal Opposition: 00
• Verbal Support (property owner): 00
• Letters Returned as non-deliverable: 00
City Council Public Hearing (06/04/2024):
• Statements of Opposition (Written): TBD
• Number of Petitioners (opposing): TBD
• Verbal Opposition: TBD
• Verbal Support (property owner): TBD
• Verbal Opposition (following the public hearing): TBD
• Letters Returned as non-deliverable: 00
Budget Impact:
None
"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
Recommendation
It is recommended that the City Council approve P.O. No. 7250, granting a zoning
change for approximately 34.13 acres of Land being out of the Port Arthur Land
Company, Jefferson County, Texas. The property is located at Northeast of Main
Avenue and Southeast of West Crane Bayou.
"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.7250
05/23/2024-ARM
PAGE 1 OF 9
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF PORT ARTHUR BY CHANGING THE ZONING FROM HIGH DENSITY
RESIDENTIAL TO HEAVY INDUSTRIAL ON APPROXIMATELY A 34.13-
ACRE TRACT OF LAND BEING OUT OF PORT ARTHUR LAND
COMPANY, AND CONSISTING OF PART OF LOTS 5 & 6, BLOCK 2,
RANGE "D", 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.
Z24-04— GIPSON COMMERCIAL PROPERTIES
WHEREAS, in accordance with Appendix A, Section 6.03 of the City of Port Arthur
Zoning Ordinance, Gipson Commercial Properties, being the owner and having a
proprietary interest in the real property consisting of approximately a 34.13-acre Tract of
Land being out of Port Arthur Land Company, and consisting of Part of Lot 5 & 6, Block
2, Range "D", 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 June 4, 2024, at 06:00 p.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 2.04 (A) Heavy Industrial District of the City's Zoning
Ordinance; and
P.O. NO.7250
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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 April 15, 2024, 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 June 4, 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 15th
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
P.O.NO.7250
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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
High Density Residential (HDR) District to the Heavy Industrial (HI) District:
34.13-acre Tract of Land being part of
Port Arthur Land Company and
consisting of Part of Lot 5 & 6, Block 2, Range D,
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.
P.O.NO.7250
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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 June 4, 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 Bartle, Mayor
P.O. NO.7250
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ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED AS TO FORM:
(419:Je
am s M. Black, Esq., Interim City Attorney
APPROVED FOR MINISTRATION:
Ronald "Ron" u , City Manager
Pamela D. Langford, A istant City Manager-Operations/
Director of Development Services
P.O.NO.7250
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EXHIBIT "A"
P.O. NO.7250
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P.O. NO.7250
05/23/2024—ARM
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