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Home My WebLink AboutPR 24278: APPOINTMENT / RE-APPOINTMENT OF MEMBERS TO THE ZONING BOARD OF ADJUSTMENTS City of ort rtf�u�— TE•cus www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES INTEROFFICE MEMORANDUM Date: August 21, 2025 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, CPM, City Manager From: Pamela D. Langford, CPM, As istant City Manager— Operations/Director of Development Services RE: P.R. NO. 24278 — Appointment/Re-Appointment of Members to the Zoning Board of Adjustments Introduction: This agenda item seeks the City Council's approval of Proposed Resolution No. 24278, which appoints or reappoints members to the Zoning Board of Adjustments (ZBA) in accordance with Appendix A: Zoning, Section 5.04 of the City of Port Arthur Code of Ordinances. The board of adjustment must consist of the same number of members as the city council (including its chairperson). Four board members, including the chairperson, shall be appointed during even-numbered years and three board members shall be appointed during odd-numbered years, for two-year terms. Background: The Zoning Board of Adjustments is a quasi-judicial board established under Chapter 211 of the Texas Local Government Code and Appendix A, Section 5.04 of the Zoning Ordinance of the City of Port Arthur. The Board plays a vital role in the City's zoning process by: • Hearing and deciding appeals of administrative decisions regarding zoning enforcement. • Authorizing variances from zoning regulations where strict enforcement would cause unnecessary hardship. • Deciding on special exceptions as provided in the Zoning Ordinance. "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 Appointments to the ZBA are required to ensure compliance with state law and to maintain the City's ability to carry out its zoning authority effectively. The City Council made only one appointment to the Board in 2024. The remaining members' terms expired in 2023, resulting in vacancies that must now be filled to ensure the ZBA can meet quorums and continue to perform its statutory responsibilities. To restore compliance with Appendix A, Section 5.04 of the City's Zoning Ordinance, staff recommends appointing four members to a one-year term expiring September 30, 2026, and three members to a two-year term expiring September 30, 2027. This adjustment will allow the City to re-establish the proper rotation of appointments so that four members are appointed during even-numbered years and three members during the odd-numbered years, consistent with the ordinance's requirements. It is further suggested that the City's At-Large Councilmembers, which include the Mayor, and Positions 5 and 6, appoint members during the odd-numbered years, while the District Councilmembers 1 - 4 appoint members during the even-numbered years, to reflect the composition requirements outlined in Section 5.04. Notification regarding the need for appointments was sent to Councilmembers via email and written communication, allowing time for members to submit nominations for consideration. Budget Impact: There is no budgetary impact associated with the appointments to the Zoning Board of Adjustments. Recommendation: It is recommended that the City Council approve Resolution No. 24278, appointing or re-appointing members to the Zoning Board of Adjustments in accordance with Appendix A: Zoning, Section 5.04 of the City of Port Arthur Code of Ordinances. These appointments are necessary to re-establish the Board's full membership and enable it to continue carrying out its important role in zoning administration for the City of Port Arthur. I "Remember,we 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.R. NO. 24278 08/21/2025 PDL PAGE 1 OF 5 RESOLUTION NO. A RESOLUTION APPOINTING AND/OR REAPPOINTING MEMBER(S) TO THE ZONING BOARD OF ADJUSTMENT PURSUANT TO APPENDIX A: ZONING, SECTION 5.04 OF THE CITY OF PORT ARTHUR CODE OF ORDINANCES WHEREAS, the Zoning Board of Adjustment was originally created by Ordinance No. 89-54; and, WHEREAS, per Ordinance No. 15-57, the City Council changed the composition of the board, deleting the alternate positions and delineating the manner of appointment as denoted in Appendix A, Section 5.04 of the Zoning Ordinance of the City of Port Arthur, Texas; and, WHEREAS, in accordance with Appendix A: Zoning, Section 5.04 of the City of Port Arthur Code of Ordinances, the Zoning Board of Adjustment must consist of the same number of members as the city council (including its chairperson). Four board members, including the chairperson, shall be appointed during even-numbered years and three board members shall be appointed during odd-numbered years, for two-year terms. The governing body shall take a simple majority vote to officially appoint each candidate to the board. A member of the board may be removed for cause by the governing body upon written charges and after a public hearing. In the event of a vacancy occurring in for the membership of the board for any reason, an appointment o t h e remainder of the vacant term must be made in the same manner as regular appointments; and, WHEREAS, to realign the appointment schedule of the Zoning Board of Adjustment in accordance with Appendix A: Zoning, Section 5.04 of the City of Port Arthur Code of Ordinances, it is necessary to appoint four members to a one-year term ending September 30, 2026, and three members to a two-year term ending September 30, 2027; P.R. NO. 24278 08/21/2025 PDL PAGE 2 OF 5 and, staff further requests that the City Council, prior to the expiration of such terms, appoint new members or reappoint current members as appropriate, thereby restoring the appointment cycle so that four members are appointed during even-numbered years and three members are appointed during odd-numbered years, as delineated in Exhibit "B"; and WHEREAS, the terms of office of the current members expired on October 26, 2023, and September 10, 2025, as delineated in Exhibit "A", and, WHEREAS, the Mayor and Councilmembers wish to appoint the following members to the Board as delineated in Exhibit "B". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1: That the facts and opinions in the preamble are true and correct. Section 2: That the City Council hereby appoints the following members as delineated in Exhibit "B". Section 3: That in accordance with Resolution No. 98-157, the appointee shall immediately contact the City Secretary's Office and be sworn in, receive a copy of the Charter and the Zoning Ordinance, and attend an orientation seminar from the City Attorney's Office. Section 4: That appointees, upon taking the required oath of office and doing all things necessary to qualify for such office, shall have all rights and powers provided by the Statutes and Ordinances pertaining thereto appertaining. Section 5: That this Resolution shall be effective immediately. Section 6: That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. P.R. NO. 24278 08/21/2025 PDL PAGE 3 OF 5 READ, ADOPTED, AND APPROVED this day of September, 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 M. Moses, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney APPROVED FOR ADMINISTRATION: Ronald "Ron" Burton, CPM, City Manager ) Pamela D. Langford, CPM, Assistant City Manager— Operations/Director of Development Services P.R. NO. 24278 08/21/2025 PDL PAGE 4 OF 5 EXHIBIT "A" ZONING BOARD OF ADJUSTMENT (rev. September 10, 2024) Current Original COUNCIL Term Term DISTRICT Appointee Resolution Beginning Ending Resolution Appt. & Date Appt. & Date RES 21-454 RES 17-276 1 Langston Adams 10/26/2021 10/26/2021 10/26/2023 10/24/2017 RES 23-152 RES 23-152 2 Chris Lopez 03/30/2023 03/30/2023 10/26/2023 03/30/2023 RES 21-454 RES 19-534 3 Anthony Albert 10/26/2021 10/26/2021 10/26/2023 12/03/2019 RES 21-454 RES 17-276 4 John Beard 10/26/2021 10/26/2021 10/26/2023 10/24/2017 RES 21-454 RES 17-276 7 William Larrain, P.E. 10/26/2021 10/26/2021 10/26/2023 10/24/2017 RES 21-454 RES 17-276 8 Anthony Leger 10/26/2021 10/26/2021 10/26/2023 10/24/2017 24-361 RES 19-534 Mayor Alice Washington 09/10/2024 09/10/2024 09/10/2025 12/03/2019 APPOINTED BY: Councilmembers and approved by majority vote. LIAISON: Ronald Burton, Director of Development Services TERMS: Two (2) Years ** The Zoning Board of Adjustment was created by City of Port Arthur Ordinance No. 89-054, Section 25-100, on August 1, 1989. The composition of the Board was amended by Ordinance No. 15-57 on December 8, 2015. I I 1 P.R. NO. 24278 08/21/2025 PDL PAGE 5 OF 5 EXHIBIT "B" ZONING BOARD OF ADJUSTMENT (rev. September 9, 2025) Current Original COUNCIL Term Term DISTRICT Appointee Resolution Beginning Ending Resolution Appt. & Date Appt. & Date 1 [Appointee Name] 09/10/2025 09/10/2026 2 [Appointee Name] 09/10/2025 09/10/2026 3 [Appointee Name] 09/10/2025 09/10/2026 4 [Appointee Name] 09/10/2025 09/10/2026 5 [Appointee Name] 09/10/2025 09/10/2027 6 [Appointee Name] 09/10/2025 09/10/2027 Mayor [Appointee Name] 09/10/2025 09/10/2027_ APPOINTED BY: City Council members and approved by a majority vote. LIAISON: Pamela D. Langford, Director of Development Services TERMS: Two (2) Years ** The Zoning Board of Adjustment was created by City of Port Arthur Ordinance No. 89-054, Section 25-100, on August 1, 1989. The composition of the Board was amended by Ordinance No. 15-57 on December 8, 2015. I