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Home My WebLink AboutPO 7336: AMENDING APPENDIX A-ZONING, GRANTING SPECIFIC USE PERMIT FOR PROPERTY City of art rthu ,_ Teius 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 tt) - RE: P.O. NO. 7336—Amending Appendix A—Zoning of the City of Port Arthur Code of Ordinances by Granting Specific Use Permit (SUP) No. 243 for Property Located at 3635 and 3645 39th Street Introduction: The intent of this Agenda Item is to seek the City Council's consideration and approval Resolution No. 7336, which would amend Appendix A — Zoning of the City of Port Arthur Code of Ordinances by granting Specific Use Permit No. 243 (SUP #243) to allow for zoning use type "Retail, Local" in a Planned Development District — 14 (PD- 14) for approximately 0.4878 acres of land legally described as Lots 18 to 20, Block 24, Lot 21-24, Tract 1, Block 24, Rosemont Addition, located at 3635 and 3645 39th Street, Port Arthur, Texas. Background: The applicant and property owner/developer seek approval to construct a Retail Shopping Center on approximately 0.4878 acres, consisting of Lots 18 to 20, Block 24, and Lots 21-24, Tract 1, Block 24, Rosemont Addition, Port Arthur, Jefferson County, Texas. A completed application for a Specific Use Permit (SUP) was submitted on or about February 3, 2025. 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 March 17, 2025. • Written Notice: On March 3, 2025, notices were mailed to real property owners within 200 feet of the proposed site. • Publication: Notice of the hearing was published in the local newspaper on March 1, 2025. The Planning and Zoning Commission voted 2:1 to recommend approval of the permit. The Port Arthur City Council adopted Resolution No. 25-071 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 verbal or written opposition was received at the public hearings held by the Planning and Zoning Commission or the City Council. However, staff received one letter of opposition following the May 6, 2025, City Council hearing date. 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 7336, amending Appendix A —Zoning of the City of Port Arthur Code of Ordinances by granting Specific Use Permit No. 243 (SUP#243)to allow for zoning use type "Retail, Local" in a Planned Development District — 14 (PD-14) for approximately 0.4878 acres of land legally described as Lots 18 to 20, Block 24, Lot 21-24, Tract 1, Block 24, Rosemont Addition, located at 3635 and 3645 39th Street, Port Arthur, 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.7336 06119/2025 ARM1po1 PAGE 1 OF 12 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS, AMENDING APPENDIX A — ZONING OF THE CITY OF PORT ARTHUR CODE OF ORDINANCES, TO GRANT SPECIFIC USE PERMIT NO. 243 TO ALLOW FOR "RETAIL, LOCAL" USE IN A PLANNED DEVELOPMENT DISTRICT ON APPROXIMATELY 0.4878 ACRES OF LAND LOCATED AT 3635 AND 3645 39TH STREET, LEGALLY DESCRIBED AS LOTS 18- 24, TRACT 1, BLOCK 24, ROSEMONT ADDITION, PORT ARTHUR, 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 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. Z25-03 (Faheem Hussain Khuwaja) SUP #243 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 February 3, 2025, from Faheem Hussain Khuwaja, being the owner and having a proprietary interest in the real property consisting of approximately 0.4878 acres located at 3635 and 3645 39th Street, legally described as Lots 18-24, Tract 1, Block 24, Rosemont Addition, Port Arthur, Jefferson County, Texas, has petitioned the City Council requesting a Specific Use Permit to allow for a "Retail, Local" zoning use in a Planned Development District — 14 (PD-14) for a Retail Shopping Center; 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 P.O. NO.7336 05/0912025 ARM PAGE 2 OF 12 211 .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, 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 March 17, 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 in a vote of 2:1 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 P.O.NO.7336 0510912025 ARM PAGE 3 OF 12 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 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 Specific Use Permit No. 243 (SUP #243) is granted to allow the land use of a "Retail, Local" Shopping Center in a Planned Development — 14 (PD-14) zoned district on approximately 0.4878 acres of land described as: LOTS 18-24, TRACT 1, BLOCK 24, ROSEMONT ADDITION, [A.K.A. 3635 AND 3645 39TH STREET] 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 P.O.NO.7336 0510912025 ARM PAGE 4 OF 12 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. 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 P.O.NO.7336 0510912025 ARM PAGE 5 OF 12 COUNCILMEMBERS: NOES: Charolotte Moses, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: 9 Roxann Pais Cotroneo, City Attorney APPROVED MINISTRATION: Ron 'Ron CPM, C' Ma ger Pamela D. Langford, Assistant City Manager-Operations/ Director of Development Services P.O. NO.7336 0510912025 ARM PAGE 6 OF 12 EXHIBIT "A" P.O. NO.7336 05/0912025 ARM PAGE 7 OF 12 WEEKEND, APRIL 19-20, 2025 PUBLIC NOTICE Notice Is Hereby Given That, In Accordance With Chapter 211 Of The Texas Local Government Code And The Zoning Ordinance Of The City Of Port Arthur. A Public Hearing Will Be Held By The City Council On Tuesday, May 6, 2025 At 6:00 P.M. To Discuss The Following. Z25-03 FAHEEM HUSSAIN KHUWAJA — To Consider Granting A Specific Use Permit For 0.4354 Acres Of Land Consisting Of All Of Lots 18-20 And Part Of Lots 21-24, Block 24 Rosemont Park Addition, Port Arthur, Jefferson County, Texas (3645 And 3635 39th Street) A Precise Drawing And Description Of This Property Will Also Be Presented At The Public Hearing And Can Be Examined In The City Planning Department, City Hall, Port Arthur. Texas, If You Cannot Attend The Meeting, You May Send A Letter To The Planning Director, City Of Port Arthur, 444 Fourth Street, Planning Department Third Floor. Port Arthur TX 77641. If There Are Additional Questions You May Contact The Planning Department At (409) 983-8133. The public will also be able to view the Public Hearing via the City's website at www.portarthurtx.gov Sherri Bellard. City Secretary P.O. NO.7336 0510912025 ARM PAGE 8 OF 12 EXHIBIT " B " P.O.NO.7336 0510912025 ARM PAGE 9 OF 12 1 1 , 1 & m , > x m — 0 F p , O i Q jet, < S i i 0 F.___ __ z Y N a, rr - i 1 IQ n SHOPPING CENTER A 3645 39TH ST, PORT ARTHUR, TX 77642 P.O. NO.7336 0510912025 ARM PAGE 10 OF 12 i m rn > r r 0 Z GF.:'Lk I LINE - 7 4-• 9. 4 i tq � 'CC Eactumni - \ '��, ��A0 \1\` +. in,D rLj OTC c. ..---..�-.-- \ �l L. \ `vim �7 Cr \ �t �\ 'i1\5D0 �ti - Nl >'\ 50.0' `L - �...,X`\\\`t"x'.C'_a ` `wi is wain....._._ . ...____... ,.._ ,r ,...5_., ti < III - --` 0. U = 7 / � L1UzUi , N ,' z . kJ 0 0 o 3. 1'13 ` ` SHOPPING CENTER w,1 Z. ` 3645 3,T-i ST, PORT ARTNUR,TX 77642 P.O.NO.7336 0510912025 ARM PAGE 11 OF 12 City of Port Arthur Development Services - Planning & Zoning Division Case # Z25-03 2 l :1:1x. 4'1 .- A.jo 94158 r 48,,E 1, V ' il' II } YA E , } s: t ar 1 �11— v z y pz Sig ., a pj z v . s.'At a+• it - WA0 . i 4 g,a- r s s iI t I 4 1 tAi , r � t ,,„.,, City of ort rthu _/ Texas 0 100 200 400 600 mills amm11110111111111111 Feet P.O. NO.7336 05/0912025 ARM PAGE 12 OF 12