The URL can be used to link to this page

Home My WebLink AboutPO 7371: GRANTING A ZONING CHANGE FROM A PLANNED DEVELOPMENT DISTRICT TO A MEDIUM DENSITY RESIDENTIAL DISTRICT rrrt rthtt www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF PLANNING & ZONING INTEROFFICE MEMORANDUM Date: October 10, 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. 7371 — Amendment to the Zoning Ordinance granting a zoning change from a Planned Development District to a Medium Density Residential District. Introduction: The intent of this Agenda Item is to seek the City Council's consideration and approval of P.O. NO. 7371, amending Appendix A — Zoning of the City of Port Arthur Code of Ordinances by granting a Zoning Map Amendment for approximately .481-acre of land consisting of Lots 15-20, Block 23, Rosemont Addition, Jefferson County, Texas, to change the zoning from Planned Development District - 30 (PD-30) to Medium Density Residential (MDR) District to allow for residential development. This request allows for the legal establishment of residential activity within a master- planned development. The zoning map amendment will bring the proposed 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 May 1, 2025, requesting a change from Planned Development District -30 to Medium Density Residential District for the subject property. The proposed zoning change will support residential development 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 August 4, 2025. • Written Notice: Notices were mailed to real property owners within 200 feet of the proposed site on July 16, 2025. • Publication: Notice of the hearing was published in the local newspaper on July 16, 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. 25-369 on September 9, 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 September 20, 2025. • Courtesy Notice: Although not required by state law, courtesy letters were mailed to property owners within 200 feet on September 17, 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 7371, amending Appendix A—Zoning of the City of Port Arthur Code of Ordinances by granting a Zoning Map Amendment for approximately .481-acre of land consisting of Lots 15-20, Block 23, Rosemont Addition, Jefferson County, Texas, to change the zoning from Planned Development District - 30 (PD-30) to Medium Density Residential (MDR) District to allow for residential development. "Remember,we are here to serse 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.7371 10/10/2025-ARM PAGE 1 OF 9 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 .481 ACRE OF LAND CONSISTING OF LOTS 15-20, BLOCK 23, ROSEMONT ADDITION, JEFFERSON COUNTY, TEXAS, FROM PLANNED DEVELOPMENT DISTRICT - 30 (PD-30) TO MEDIUM DENSITY RESIDENTIAL DISTRICT (MDR) TO ALLOW RESIDENTIAL DEVELOPMENT; (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 PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE. Z25-04— KODE PROPERTIES, LLC 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 May 1, 2025, from KODE Properties, LLC, being the owner and having a proprietary interest in the real property consisting of approximately a .481-acre Tract of Land consisting of Lots 15 to 20, Block 23, Rosemont Addition, Jefferson County, Texas, has petitioned the City Council requesting a zoning map amendment for said property from Planned Development District - 30 (PD-30) to Medium Density Residential (MDR); 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 October 7, 2025, at 10:00 a.m.; and P.O.NO.7371 10/10/2025-ARM PAGE 2 OF 9 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 August 4, 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 October 7, 2025, at 10:00 a.m. Official notice of the time and place of the hearing was published in the official newspaper of the City of Port Arthur on September 20, 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 P.O.NO,7371 1 0/1 012025-ARM PAGE 3 OF 9 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 Planned Development District (PD) District—30 to the Medium Density Residential (MDR) District: .481-ACRE TRACT OF LAND CONSISTING OF LOTS 15 TO 20, BLOCK 23, ROSEMONT ADDITION, 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. P.O.NO.7371 10/10/2025-ARM PAGE 4 OF 9 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 November, 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 P.O.NO.7371 10/10/2025-ARM PAGE 5 OF 9 ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney APPROVED F NISTRATION: Ronald "Ron" Burto , PM, City Manager Pamela D. Langford, Assistant City Manager-Operations/ Director of Development Services P.O.NO.7371 10/10/2025-ARM PAGE 6 OF 9 EXHIBIT "A" Weekend, September 20-21, 2025 / The News PUBLIC NOTICE NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PORT ARTHUR Notice Is hereby given in accordance with the revised Civil Statutes arid the Zoning Ordinance of the City of Port Arthur,that the City Council of the City of Port Arthur wilt hold a Publ c Hearing On Tuesday,October?,2026,At 10:00 A.M.,to consider the following. PROPOSED CHANGE: A ZONING MAP AMENDMENT (Z25-04) TO CONSIDER A ZONE CHANGE FROM A PLANNED DEVELOPMENT 30 DISTRICT TO MEDIUM DENSITY RESIDENTIAL FOR RESIDENTIAL DEVELOPMENT SITE LOCATION: 3537 39TH STREET LEGAL DESCRIPTION: Lots 15-20, Block 23.Rosemont Ackliion,,City of Port Anhui,Jefferson County.Texas . . Citiierts with questions regia the desPirptio of this Fropei1y Can confab(' - kenning Department at (409) 953-5133 The public wit also be abie to view the Pubic Hearing via the City's webaile atviNew.portartnurtx goy is/Sherri BeUard,City Secretary , IA.., • Sherri 113ollard.,( lq Secretor-) P.O.NO.7371 10/10/2025-ARM 1 PAGE7OF9 EXHIBIT " B " P.O.NO.7371 10/10/2025-ARM PAGE 8 OF 9 P.O.NO.7371 10/10/2025-ARM PAGE 9 OF 9 City of Port Arthur Development Services - Planning & Zoning Division Zoning Case # Z25-04 s Milf At - . . el 6 v , t " f imrt ; t Ne �4 iN-.��a - "r °'_-• i A 4.. - ®fir+ - *A, • k4 ` * •5 4'€ a .. MN ii i t . .` _ar4 ,.... oo.�«� , 4 -4 ' Mir ii 4 41),44 s ' , * ibi *44, .- t iltiliA4 1 f E. Ailitatt rt "►i1841 _ .. .� T x .� s t - - T v: '