The URL can be used to link to this page

Home My WebLink AboutPO 7335: ZONING TEXT AMENDMENT AUTHORIZING AUTOMOBILE-RELATED USES AS PERMITTED IN LIGHT INDSTRIAL (LI) AND HEAVY INDUSTRIAL (HI) ZONING DISTRICTS City of As } 41/ ort rthur"�— www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES INTEROFFICE MEMORANDUM Date: July 15, 2025 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, CPM, City Manager From: Pamela D. Langford, CPM, Assistant City Manager— Operations/Director of Development Services RE: P.O. NO. 7335 — Zoning Text Amendment Authorizing Automobile- Related Uses as Permitted in Light Industrial (LI) and Heavy Industrial (HI) Zoning Districts. Introduction: The purpose of this agenda item is to request City Council consideration and approval of P.O. No. 7335, authorizing a zoning text amendment to Appendix A—Zoning, City of Port Arthur Code of Ordinances, to allow for automobile-related uses as legally conforming in the Light Industrial (LI) and Heavy Industrial (HI) zoning districts. Background: On or around January 13, 2025, the Planning and Zoning Commission initiated discussion on a proposed zoning text amendment that would revise the City's Zoning Ordinance to include certain automobile-related uses as legally conforming in the City's industrial zones. The Planning and Zoning Commission held a duly noticed public hearing on April 21, 2025, at 5:30 p.m. Notice of this hearing was mailed to all City of Port Arthur utility customers during the April 2025 billing cycle and published in the Port Arthur News on January 18, 2025. At the conclusion of the public hearing, the Planning and Zoning Commission voted 4:0 to recommend that the City Council approve the proposed zoning text amendment. "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 Subsequently, the City Council adopted Resolution No. 24-154, calling for a public hearing on the proposed amendment. A public hearing was conducted on May 6, 2025, during which one citizen spoke in opposition to the proposed change. Following the May hearing, it was determined that the public notice of the hearing had not been published in compliance with legal notification requirements. As a result, the proposed item was held, and a new public hearing was scheduled to ensure proper notification of all interested parties. Notice of the rescheduled public hearing was: • Published in the Port Arthur News (weekend edition) on July 12-13, 2025. • Posted on the City's official website on July 8, 2025; and • Shared on the City's official social media platforms on July 10, 2025. The new public hearing is scheduled for Tuesday, July 29, 2025, at 6:00 p.m. in the City Council Chambers, 5th Floor, City Hall. Summary of Proposed Amendment: If approved, the zoning text amendment will allow the following automobile-related use types as permitted (by right) in Light Industrial (LI) and Heavy Industrial (HI) districts: • Tire Sales • Automobile Sales and Repair • Automobile Auction • Automobile Repair, Minor • Automobile Parts and Sales This proposed change is intended to align the City's Zoning Ordinance with contemporary industrial land use needs and support economic development through land use flexibility in industrial areas. Budget Impact: None Recommendation: It is recommended that the City Council approve P.O. No. 7335, authorizing a zoning text amendment to Appendix A — Zoning, City of Port Arthur Code of Ordinances, to allow for automobile-related uses as legally conforming in the Light Industrial (LI) and Heavy Industrial (HI) zoning districts. "Remember, Ise are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur,Texas 7764 1-1 089 X 409.983.8101 X FAX 409.982.6743 P.O. NO.7335 0711812025 pdl PAGE 1 OF 7 ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A — ZONING, CODE OF ORDINANCES, CITY OF PORT ARTHUR, TEXAS, TO ALLOW AUTOMOBILE-RELATED USES IN LIGHT INDUSTRIAL (LI) AND HEAVY INDUSTRIAL (HI) ZONING DISTRICTS (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. Z25-02 City of Port Arthur 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 on July 29, 2025, at 6:00 p.m.; 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 April 21, 2025, and notices were mailed with the April utility billing cycle to all utility account holders and to owners of real property within 200 feet of affected areas; and WHEREAS, the Planning and Zoning Commission voted 4:0 to recommend approval of the proposed zoning text amendment; and WHEREAS, City Council initially held a public hearing on May 6, 2025, under the authority of Section 211.006(a) of the Texas Local Government Code, but subsequently P.O. NO.7335 07/1812025 pdl PAGE 2 OF 7 rescheduled the hearing due to a publication error to ensure full public compliance and transparency; and WHEREAS, proper notice of the rescheduled public hearing was published in the Port Arthur News on July 12-13, 2025 (attached as Exhibit "B"), posted on the City's website on July 8, 2025 (attached as Exhibit"C"), and published on the City's social media platforms on July 10, 2025 (attached as Exhibit "D"); and WHEREAS, the proposed zoning text amendment is in the public interest, consistent with the City's Comprehensive Plan, and will allow flexibility for compatible industrial development; and WHEREAS, no written protest has been received under Section 211.006(d) of the Texas Local Government Code; thus, a simple majority vote of the City Council is sufficient for adoption. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That Appendix A — Zoning, Code of Ordinances of the City of Port Arthur, Texas, is hereby amended to designate the following use types as permitted or conditionally permitted uses in the Light Industrial (LI) and Heavy Industrial (HI) zoning districts, as further reflected in Exhibit "A" attached hereto and incorporated herein by reference: • Tire Sales • Automobile Sales and Repair • Automobile Auction • Automobile Repair, Minor • Automobile Parts Sales P.O. NO.7335 0711812025 pdl PAGE 3 OF 7 Section 2. That the Building Official and the Director of Development Services are hereby authorized and directed to make all necessary updates to the Official Zoning Map to reflect the zoning classifications and use permissions set forth herein. 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 24-105 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. P.O.NO.7335 0711812025 pdl PAGE 4 OF 8 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 votes: AYES: MAYOR: COUNCILMEMBERS: NOES: Charlotte M. Moses, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney APPROVED F IN TRATION: n "Ron" n, C M it 7n r c 4.,,,, , / ‘,Ly / ' Pamela D. Langford, Assistant City Manager-Operations/ Director of Planning and Development Services P.O. NO.7335 0711812025 pdl PAGE 5 OF 8 EXHIBIT "A" Type Use AG LDR MDR HDR MH NS CR CG LI HI MU DT OSP PD Tire Sales X X X X Automobile Sales & SUP X X X Repair Automobile X X X Auction Automobile Repair, X X X X Minor Automobile X X X X Parts Sales P.O. NO.7335 0711812025 pdl PAGE 6 OF 8 EXHIBIT "B" (NEWSPAPER PUBLICATION) Games BSWWW.FANEWS.0 WEEKEND_ULY 12 13.2025 OM PUBLIC NOTICE NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PORT ARTHUR Notice Is Hereby Given That, In Accordance With Chapter 211 Of The Texas Local Government Code And The Zcnirg Ordinance Of The City Of Port Arthur,A Public Hearing Will Be Held By The Coy Council On Tuesday, July 29,2025, At 6:00 P.M.,To Discuss The Following: Z25-02 CITY OF PORT ARTHUR—To Consider A Zoning Text Amendment To Appendix A, Section 3. Land Uses, Of The City Of Port Arthur Zoning Ordinance —o Include The Following"Automobile' Related Uses As Legally Conforming Uses In The Heavy Industrial & Light Industrial Districts Tire Sales Automobile Repair— Minor Automobile Sales Automobile Repair& Sales Automobile Auction 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. PURPOSE OF SECOND HEARING: This second public hearing is necessary because a previous publication of the notice for this item contained inaccuracies.This corrected notice is being published to ensure proper notification to all interested parties. Is! Pamela D. Langford on behalf of Sherri Bellard, City Secretary P.O.NO.7335 0711812025 pdl PAGE 7 OF 8 EXHIBIT "C" (SOCIAL MEDIA POST) City of Port Arthur 04. Post!. About Photos Videos More 0. City of Port Arthur W.' 0 Port Arthur City Council is scheduled to hold public hearings on Tuesday, July 29, 2025, beginning at 6 p m. to receive comments on proposed amendments. The hearings will take place in the City Council Chambers, located on the 5th floor of City Hall. Livestream access will also be available. The public may view the public hearings online at the city's website. httos. i I.:J•tar U new.swagit corrtiriews/291,1ive You can view the full amendments here: https4 www.portarthurtx gov,'CivicAlerts aspx?AlDz2582 city Co..r.or ts-Ned‘Aed to hold putlOc oh Tuesday.AA,2 .2025,reprieve at 0 rve mew*c arment an arced 111,404.1,111 Per hearings ma ties Awe in the Cy Councr Christen Mode recreation about w-apoulid 111411.1613111Wt1 can I on IMP CVO erityste 0 1 2 comments 13 shares co Like Q Comment (0 Share P.O. NO.7335 0711812025 pdl PAGE 8 OF 8 EXHIBIT "D" (CITY WEBSITE) CITY COUNCIL OF THE CITY OF d City of PORT ARTHUR °r` r`hit --�- PUBLIC HEARING NOTICE In accordance with ZONING TEXT AMENDMENT Chapter 211 of the Texas PROPOSED CHANGE: A ZONING TEXT AMENDMENT TO APPENDIX Local Government Code A, SECTION 3. LAND USES OF THE CITY OF PORT ARTHUR ZONING and Appendix A - Zoning ORDINANCE, TO INCLUDE THE FOLLOWING "AUTOMOBILE" RELATED of the City of Port Arthur USES AS LEGALLY CONFORMING USES IN THE HEAVY INDUSTRIAL & Code of Ordinances, LIGHT INDUSTRIAL DISTRICTS: notice is hereby given that the City Council of the Tire Sales Automobile Repair—Minor Automobile Sales Automobile Repair&Sales City of Port Arthur will Automobile Auction conduct a Public Hearing to receive comments on a .-;r . ....., ' , proposed zoning text .......-- , #,7: amendment. ® Date: Tuesday, July 29, �^~ " . . 2025 ' . ,r Q Time: 6:00 p.m. ...ca ""' 3 " ` _ .. Location: City of Port .. ...=� Arthur-City Hall, 5th �. .....— Floor-Council =:* Chambers,444 4th M>> �,''• ` . - Street, Port Arthur,TX -,.... a 77640 . , � Livestream Access: �,,..--� , ' . The public may also ,,,,,,,""' s view the Public ..-�- , Hearing online byw,• �.M.. visiting the City's official website at ,.1,=4_v. pu€-:c.i lilU.,iic O X.