HomeMy WebLinkAboutPO 7334: AMENDMENT TO THE ZONING ORDINANCE GRANTING A ZONING CHANGE FROM A COMMERCIAL RETAIL DISTRICT TO A PLANNED DEVELOPMENT DISTRICT City of
ort rthu
Texas
www.PortArthurTx.gov
DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF PLANNING & ZONING
INTEROFFICE MEMORANDUM
Date: June 19, 2025
To: The Honorable Mayor and City Council
Through: Ronald "Ron" Burton, CPM, City Manager
From: Aries R. Milo, Senior Planner
Cc: Pamela D. Langford, CPM, Development Services Director/ Assistant
City Manager—Operations
RE: P.O. NO. 7334 — Amendment to the Zoning Ordinance granting a zoning
change from a Commercial Retail District to a Planned Development
District.
Introduction:
The intent of this Agenda Item is to seek the City Council's consideration and approval
of P.O. NO. 7334, amending Appendix A — Zoning of the City of Port Arthur Code of
Ordinances by granting a Zoning Map Amendment for approximately 20.734-acres of
land consisting of Lots 5-7, Block 10, Tract 1, Range "H", Port Arthur Land Company
Subdivision, Jefferson County, Texas, to change the zoning from Commercial Retail
(CR) to Planned Development District - 46 (PD-46) to allow for a combination of
residential and commercial retail uses.
This request allows for the legal establishment of residential and commercial retail
activity within a master-planned development. The zoning map amendment will bring
the proposed mixed-use development into compliance with zoning regulations.
Background:
A complete application for a Zoning Map Amendment was submitted to the Planning
and Zoning Commission on or around January 7, 2025, requesting a change from
Commercial Retail to Planned Development District for the subject property.
The proposed zoning change will support a mix of residential housing and commercial
retail services in alignment with long-range development goals and planning policies.
In accordance with Chapter 211 of the Texas Local Government Code, the following
public notification and hearing requirements were met:
• Public Hearing: The Planning and Zoning Commission held a public hearing on
February 20, 2025.
• Written Notice: Notices were mailed to real property owners within 200 feet of
the proposed site on February 5, 2025.
• Publication: Notice of the hearing was published in the local newspaper on
February 8, 2025.
The Planning and Zoning Commission voted unanimously(3:0)to recommend approval
of the zoning change.
The Port Arthur City Council adopted Resolution No. 25-065 on February 25, 2025,
officially calling for a second public hearing before the governing body.
• A second public hearing was duly noticed and conducted:
• Publication: Notice was published in the local newspaper on April 19,
2025.
• Courtesy Notice: Although not required by state law, courtesy letters
were mailed to property owners within 200 feet on April 29, 2025.
No opposition was received during the public hearings held by either the Planning and
Zoning Commission or the City Council.
Under Section 211.006(f) of the Texas Local Government Code, a three-fourths
(super-majority) vote of the City Council is not required because the Planning and
Zoning Commission did not recommend denial of the request.
Budget Impact:
None
Recommendation:
It is recommended that City Council consider and approve of P.O. No 7334, amending
Appendix A —Zoning of the City of Port Arthur Code of Ordinances by granting a Zoning
Map Amendment for approximately 20.734-acres of land consisting of Lots 5-7, Block
10, Tract 1, Range "H", Port Arthur Land Company Subdivision, Jefferson County,
Texas, to change the zoning from Commercial Retail (CR) to Planned Development
District- 46 (PD-46)to allow for a combination of residential and commercial retail uses.
"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.7334
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PAGE 1 OF 13
ORDINANCE NO.
AN ORDINANCE AMENDING APPENDIX A — ZONING, OF THE CODE
OF ORDINANCES OF THE CITY OF PORT ARTHUR, TEXAS, BY
GRANTING A ZONING MAP AMENDMENT FOR APPROXIMATELY
20.737 ACRES OF LAND CONSISTING OF LOTS 5-7, BLOCK 10,
TRACT 1, RANGE "H", PORT ARTHUR LAND COMPANY SUBDIVISION
(LOCATED SOUTH OF 9TH AVENUE AND EAST OF LAKE ARTHUR
DRIVE), JEFFERSON COUNTY, TEXAS, FROM COMMERCIAL RETAIL
(CR) TO PLANNED DEVELOPMENT DISTRICT - 46 (PD-46) TO ALLOW
RESIDENTIAL AND COMMERCIAL RETAIL USES; (VIOLATION OF
ANY PROVISION OF THIS ORDINANCE SHALL BE GUILTY OF A
MISDEMEANOR AND SHALL BE PUNISHED BY A FINE NOT
EXCEEDING $2,000, 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.
Z25-01 — ALNOOR MERANI
WHEREAS, pursuant to Chapter 211 of the Texas Local Government Code, and
Appendix A, Section 6.03(A) of the City of Port Arthur Zoning Ordinance, the Planning
and Zoning Commission received a complete application on or about January 7, 2025,
from Alnoor Merani, being the owner and having a proprietary interest in the real property
consisting of approximately a 20.737-acre Tract of Land consisting of Lots 5 to 7, Block
10, Tract 1, Range "H", Port Arthur Land Company Subdivision, Jefferson County, Texas,
has petitioned the City Council requesting a zoning map amendment for said property
from Commercial Retail (CR) to Planned Development District - 46 (PD-46); 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 May 6, 2025, at 6:00 p.m.; and
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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
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 February 20, 2025, 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 May 6, 2025, at 6:00 p.m. Official notice of the time and
place of the hearing was published in the official newspaper of the City of Port Arthur on
April 19, 2025, before the 15th day of said hearing, as delineated in Exhibit "A"; 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
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WHEREAS, the proposed change could have been protested in accordance with
Section 211,006(d) of the Texas Local Government Code; and
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, TEXAS:
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
Commercial Retail (CR) District to the Planned Development District (PD) District- 46:
20.737-ACRE TRACT OF LAND CONSISTING OF
LOTS 5 TO 7, BLOCK 10, TRACT 1, RANGE "H",
PORT ARTHUR LAND COMPANY SUBDIVISION,
JEFFERSON COUNTY, TEXAS
EXHIBIT "B"
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.
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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
$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 July, A.D. 2025, at a Regular
Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES:
MAYOR
COUNCILMEMBERS:
NOES:
Charlotte Moses, Mayor
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PAGE 5 OF 13
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED AS TO FORM:
,------- �
Roxann Pais Cotroneo, City Attorney
APPROVED F ADMINISTRATION:
pId Ron u o , Ity Manager
-703
Pamela D. Langford, Assistant City Manager-Operations/
Director of Development Services
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PAGE 6 OF 13
EXHIBIT "A"
P.O.NO. 7334
06/19m025-xnM/pu|
PAGE ror1x
wscxcwo' Apn/L 19'20' 2025
B4 / C LASS | F | EDS
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PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
OF THE CITY COUNCIL C)F THE CITY OF PORT ARTHUR
Notice is hereby given in accordance with the revised Civil Statutes and the Zoning Ordinance of the
City of Port Arthur, that the City Council of the City of Part Arthur will hold a Public Hearing on
Tuosday. March 8' 2025. at S:QO p.m, to consider the following:
PROPOSEDCHANGE� A ZONING MAP AMENDMENT(Z25'O1)TO CHANGE FROM
COMMERCIAL RETAIL (CR)TOAPLANNED '
DEVELOPMENT DISTRICT (PO) FOR RESIDENTIAL
&
COMMERCIAL RETAIL ACTIVITY DEVELOPMENT
LEGAL DESCRIPTION: F()R2O 734 (CALLED 2O73S5)ACRES OF LAND, PART OF
LOTS 5. 6. & 7. BLOCK 1O RANGE~H~` PORT
ARTHUR LAND COMPANY SUBDIVISION, PORT ARTHUR.
JEFFERSON COUNTY,TEXAS (LOCATED BETWEEN LAKE
ARTHUR DRIVE AND STAFF SERGEANT LUC!ANADAK1SDRIVE
AND F!AlCO. EASTOF9THAVENUE))
Citizens with questions regarding the description of this property can contact the City Planning
Department at (409) 983-8133,The public will also be able to view the Public Hearing via the City's
weboiLeet*n*w.portarthurtxgov
/a/Sheni 8eUard. City Secretory
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EXHIBIT " B "
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Planned Development District - 46
SECTION 1: STATEMENT OF PURPOSE
The purpose and intent of this Planned Development District is to permit the
development of a Low-Density Residential district for Single-Family structures &
Commercial Retail to permit the development of "retail, local" shopping center where
designated in a Commercial Retail 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-46", Planned Development-46 District under the provisions of
Section 2.05 (C):
20.7-acre Tract of Land being out of Port Arthur Land Company and consisting of
Lot 5 to 7, Block 10, Tract 1, Range "H", Port Arthur Land Company Subdivision,
Jefferson County, Texas.
SECTION 4: GENERAL REGULATIONS
All regulations of the "LDR" Low-Density Residential District & "CR" Commercial
Retail 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 Low-Density Residential District & Commercial
Retail where designated on the site plan shall be permitted.
B. Minimum Exterior Construction Standards, Building Materials, and Design
1. A compatible architectural framework shall exist to express individual building
sites and/or tenant character. All buildings shall be finished on all sides in a
compatible architectural concept and shall not detract from adjacent property.
2. Color schemes shall reflect a certain quality and expression consistent with the
architectural character and design of the structure. Accent colors may be used to
identify architectural features or highlight details.
3. Each commercial building, complex of buildings, or separate commercial
business enterprises shall have a trash bin on the premises adequate to handle
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the trash and waste items generated, manufactured, or acquired thereon by
such commercial activities. The sorting, handling, moving, storing, removing,
and disposing of all waste materials must be housed or screened from public
view.
4. Building roofs shall be designed and constructed to prevent water ponding and
shed water in a reasonable amount of time. Built-up roofs and rooftop items, which
include equipment, piping, flashing, and other items, shall be maintained for the
continuity of the roof's appearance.
C. 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.
D. 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.
E. Noise Standards: Noise standards shall be those established for Commercial
Retail Districts and for residential uses.
F. Privacy Screening: Privacy screening will be required in accordance with
applicable sections of the Port Arthur Code of Ordinances.
G. 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 9th Avenue. 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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