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HomeMy WebLinkAboutPR 24732: AN AMENDMENT TO RESOLUTION NUMBER 25-507, CALLING FOR A PUBLIC HEARING TO CONSIDER A ZONE CHANGE City of ort rthu � www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF PLANNING AND ZONING INTEROFFICE MEMORANDUM Date: January 12, 2026 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, City Manager, CPM From: Aries R. Milo, Senior Planner Development Services RE: P.R. NO. 24732 — An amendment to resolution number 25-507, calling for a public hearing to consider a Zone Change Introduction: The Port Arthur City Council is being asked to consider approval of an amendment to Resolution No. 25-507 to reschedule a public hearing originally scheduled for January 27, 2026, at 10:00 a.m. The public hearing is being rescheduled because the required notice was not published in the City's official newspaper, as required by Chapter 211 of the Texas Local Government Code, which governs zoning regulations and public hearing notice requirements. As a result, the previously scheduled public hearing could not be lawfully held, necessitating its rescheduling to ensure full compliance with all applicable state and local legal requirements. The public hearing will consider a request for a zone change for approximately 9.59 acres of land being out of the Peek Addition, City of Port Arthur, Jefferson County, Texas. The subject property is located at 105 Highway 365. Background: On or around September 11, 2025, the property owner of 105 Highway 365 submitted an application requesting a zoning change from a "Commercial General" zoned district to a "Light Industrial" zoned district to allow for the operation of a Recreational Vehicle (RV) Park. "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 Per Appendix A, Section 3: Land Uses, effective January 1, 2023, the use type "Recreational Vehicle (RV) Park" is prohibited in a Commercial General zoning district. In accordance with Appendix A, Section 6.03 of the City of Port Arthur Zoning Ordinance, any person or corporation having a proprietary interest in property may petition the City Council for a zoning change. The Planning & Zoning Commission may also initiate zoning amendments in the public interest. The Planning &Zoning Commission conducted its required public hearing on November 3, 2025, at 5:30 p.m. Public Hearing Notice and Publication Issue: Chapter 211 of the Texas Local Government Code requires that notice of a zoning public hearing be published in the City's official newspaper, and that written notice be mailed to property owners within a 200-foot radius of the subject property not less than fifteen (15) days prior to the hearing. The originally scheduled City Council public hearing could not proceed as planned because the required publication did not occur within the statutory timeframe. This issue is attributed, in part, to recent changes in the publication schedule of the City's official newspaper, which has reduced its circulation from seven (7) days per week to two (2) days per week. This reduction has created challenges in meeting strict statutory publication deadlines. Planning staff is working diligently and collaboratively with the City Secretary's Office to develop and refine a coordinated publication schedule to ensure that all future public hearings are properly noticed, timely scheduled, and conducted in full compliance with Chapter 211 of the Texas Local Government Code, the City of Port Arthur Zoning Ordinance, and all other applicable state and local laws. Budget Impact: None Recommendation: It is recommended that the City Council approve Proposed Resolution No. 24732, calling for a public hearing to consider granting a zone change request for approximately 9.59 acres of land being out of the Peek Addition, City of Port Arthur, Jefferson County, Texas. The property is located at 105 Highway 365. The City Council public hearing shall be held on Tuesday, March 10, 2026, at 6:00 p.m. "Remember,He 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.R. NO. 24732 1/12/2026-ARM PAGE 1 OF 7 RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 25-507 TO RESCHEDULE THE CITY COUNCIL PUBLIC HEARING ORIGINALLY SCHEDULED FOR JANUARY 27, 2026, AT 10:00 A.M., TO MARCH 10, 2026, AT 6:00 P.M., TO CONSIDER A ZONING CHANGE REQUEST FOR A 9.59-ACRE TRACT OF LAND BEING OUT OF THE PEEK ADDITION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (105 F.M. HIGHWAY 365). Z25-07-WAEL DARWISH WHEREAS, the City Council of the City of Port Arthur, Texas, is considering a zoning change request for a 9.59-acre tract of land, more particularly described and depicted in Exhibit "A"; and WHEREAS, in accordance with Chapter 211 of the Texas Local Government Code, a public hearing is required prior to the adoption of any zoning change, and proper notice of such hearing must be published in the City's official newspaper at least fifteen (15) days prior to the date of the hearing; and WHEREAS, the Planning and Zoning Commission conducted a public hearing regarding the proposed zoning map amendment on November 3, 2025, at 5:30 p.m. in the City Council Chambers, located on the Fifth Floor of City Hall at 444 4th Street, Port Arthur, Texas, with the option for participation via telephonic or videoconference means, in accordance with applicable law; and WHEREAS, the City Council previously scheduled a public hearing on this zoning change request for January 27, 2026, at 10:00 a.m., pursuant to Resolution No. 25-507; and WHEREAS, the City Council finds it necessary and appropriate to reschedule the public hearing to allow for proper coordination and public participation; and P.R. NO. 24732 1/12/2026-ARM PAGE 2 OF 7 WHEREAS, the City Council will now hold the public hearing on March 10, 2026, at 6:00 p.m. in the City Council Chambers, Fifth Floor, City Hall, 444 4th Street, Port Arthur, Texas, or via telephonic or videoconference, to receive public comment and consider action on the proposed zoning change request affecting the 9.59-acre tract described in Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: THAT the facts and opinions in the preamble are true and correct. THAT the Planning and Zoning Commission held a public hearing on November 3, 2025, at 5:30 p.m. in the City Council Chambers, Fifth Floor, City Hall, 444 4th Street, Port Arthur, Texas, or by telephonic and videoconference. THAT the City Council public hearing originally scheduled for January 27, 2026, at 10:00 a.m. is hereby rescheduled to March 10, 2026, at 6:00 p.m., to consider a zoning change request for a 9.59-acre tract of land being out of the Peek Addition, City of Port Arthur, Jefferson County, Texas, as delineated in Exhibit "A." THAT notice of the rescheduled public hearing shall be published in the City's official newspaper at least fifteen (15) days prior to the hearing date, in accordance with state law. THAT a copy of the caption of this Resolution is spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this day of January, A.D. 2026, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR P.R. NO. 24732 1/12/2026-ARM PAGE 3 OF 7 COUNCILMEMBERS: NOES: Charlotte M. Moses, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary P.R. NO. 24732 1/12/2026-ARM PAGE 4 OF 7 APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney APPROVED FO DMINISTRATION: Ron Id "Ron" o , P , Cit Manager / p Pamela D. Langford, Assistant City Manager-Operations/ Director of Development Services P.R. NO. 24732 1/12/2026-ARM PAGE 5 OF 7 EXHIBIT "A" P.R. NO. 24732 1/12/2026—ARM PAGE 6 OF 7 City of Port Arthur Development Services - Planning & Zoning Division Zonln Case #Z25-07 fit.., r m ' '. r � j' MI 8 k., t 1 rt. e 0106 # r L.- ` , ,1 'r7-1 i--- n > 4,, t7 , "y�i ' ;fir: v `� f Tn 4.,- wet, fi s .. ,_ ti. 40' o f .�.` W, ,16 o 4T ' rET'°1 a Iv e tote, ia g ; } ©t 1,160I t(Y NJ :. Q 290 580~ —— rrra 'fakirr„�, Feet I P.R. NO. 24732 1/12/2026-ARM PAGE 7 OF 7 t 4