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Home My WebLink AboutPO 7389 AMENDING THE ZONING ORDINANCE GRANTING A ZOING CHANGE FOM A COMMERCIAL GENERAL DISTRIT TO A LIGHT INDUSTRIAL DISTRICT Z25-07-WAEL DARWISH City of 1 ort rthur — - www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF PLANNING & ZONING INTEROFFICE MEMORANDUM Date: February 6. 2026 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. 7389 — Amendment to the Zoning Ordinance granting a zoning change from a Commercial General District to a Light Industrial District. Introduction: The intent of this Agenda Item is to seek the City Council's consideration and approval of P.O. NO. 7389, amending Appendix A — Zoning of the City of Port Arthur Code of Ordinances by granting a Zoning Map Amendment for approximately 9.59-acres of land consisting of Lots 15 & 27, Peek Addition, Jefferson County, Texas, to change the zoning from Commercial General District (CG) to Light Industrial District (LI) District to allow for recreational vehicle park development. This request allows for the legal establishment of recreational vehicle park activity within a master-planned development. The zoning map amendment will bring the proposed development into compliance with zoning regulations. Background: A completed application requesting a Zoning Map Amendment for the subject property was submitted on or about September 11, 2025, seeking to rezone the property from Commercial General District (CG) to Light Industrial District (LI). Pursuant to Chapter 211 of the Texas Local Government Code, all required public notice and hearing procedures were satisfied as follows: • Public Hearing: The Planning and Zoning Commission conducted a duly noticed public hearing on November 3, 2025. • Written Notice: Notice of the public hearing was mailed to property owners within 200 feet of the subject property on October 8, 2025. • Publication: Notice of the public hearing was published in the City's official newspaper on October 11, 2025. Following the public hearing, the Planning and Zoning Commission voted unanimously (5-0) to recommend denial of the requested zoning change. No opposition was presented during the Commission's public hearing. Thereafter, the Port Arthur City Council adopted Resolution No. 26-027 on January 27, 2026, calling for a public hearing before the governing body. In connection with the Council's consideration: • Public Hearing: A duly noticed public hearing was conducted by the City Council. • Publication: Notice of the Council public hearing was published in the City's official newspaper on February 6, 2026. • Courtesy Notice: Although not required by state law, courtesy notices were mailed on January 27, 2026, to property owners within 200 feet of the subject property. In accordance with Appendix A, Section 6.03(F)(1) of the City of Port Arthur Zoning Ordinance, when the Planning and Zoning Commission recommends denial of a proposed amendment, supplement, or zoning change, an affirmative vote of at least three-fourths (%) of all members of the City Council is required to overrule the Commission's recommendation. Budget Impact: None Recommendation: The Planning and Zoning Commission recommended that the City Council deny P.O. No. 7389, an ordinance amending Appendix A — Zoning of the Code of Ordinances of the City of Port Arthur, by considering a Zoning Map Amendment for approximately 9.59 acres of land, consisting of Lots 15 and 27, Peek Addition, Jefferson County, Texas. The requested amendment would change the zoning classification from Commercial General District (CG) to Light Industrial District (LI) to allow for the development of a recreational vehicle park. "Remember,we are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur,Texas 77641-1089.409.983.8101 . FAX 409.982.6743 P.O.NO.7389 2/6/2026-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 9.59 ACRES OF LAND CONSISTING OF LOTS 15 & 27, PEEK ADDITION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, FROM COMMERCIAL GENERAL (CG) TO LIGHT INDUSTRIAL TO ALLOW RECREATIONAL VEHICLE PARK 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 PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE. Z25-07 —WAEL DARWISH 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 September 11, 2025, from Wael Darwish, being the owner and having a proprietary interest in the real property consisting of approximately a .9.59-acre Tract of Land consisting of Lots 15 & 27, Peek Addition, City of Port Arthur, Jefferson County, Texas, has petitioned the City Council requesting a zoning map amendment for said property from Commercial General (CG) to Light Industrial (LI); 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 March 10, 2026, at 6:00 p.m.; and P.O. NO.7389 2/6/2026-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 November 3, 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 "Denial" 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 March 10, 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 February 4, 2026, 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.7389 2/6/2026-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 super 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 Commercial General (CG) to Light Industrial (LI)District: 9.59-ACRE TRACT OF LAND CONSISTING OF LOTS 15 & 27, PEEK ADDITION, CITY OF PORT ARTHUR, 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.7389 2/6/2026-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 the Planning and Zoning Commission of the City of Port Arthur has recommended that this request be denied; therefore, a three-fourths (3/4) majority (6 votes) is required for the adoption of this Ordinance in accordance with Section 6.03(F)(1) of Appendix A -- Zoning of the Port Arthur Code of Ordinances. READ, ADOPTED, AND APPROVED this day of March, A.D. 2026, 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.7389 2/6/2026-ARM PAGE 5 OF 9 ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney APPROVED FO - IN T ATION: Ronald "Ron" Burton, ity anager f. flAre- 1 ` Pamela D. Langford, Assisdnt City Manager-Operations/ Director of Development Services P.O.NO.7389 2/6/2026—ARM PAGE 6 OF 9 EXHIBIT "A" wEDNESoAY. F£9RUAtty 4, ZO+., 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 and the Zcntrtg Ordinance of the City of Port Arthur,that the City Council of the City of Port Arthur will hold a Public Hearing on Tuesday March 10 2026.at 10 00 a in to consider der the followirig. PROPOSED CHANGE:A ZONING MAP AMENDMENT(Z25 07)TO CHANGE FROM COMMER- CIAL GENERAL(CG1 TO A LIGHT INDUSTRIAL DISTRICT(Li)FOR THE DEVELOPMENT OF AN RV PARK LEGAL DESCRIPTION:9,59 ACRES OF LAND, LOTS 15 AND 27. PEEK ADDITION. CITY OF PORT ARTHUR JEFFERSON COUNTY TEXAS(PROPERTY IS LOCATED AT 105 HIGHWAY 365i I JCAD PARCEL t+82206 #82225) Citizens with ihieshuns regarding the oescriptiun or this prop._rty can contact the City Planning De- partment at(409)983-8133.The public will also be able to view the Public Hearing via the City's website at www tpertarthurtii gay /s/Shern Beltarrt Stern Bellnrd City Secretary.TRMC P.O.NO.7389 2/6/2026-ARM PAGE 7 OF 9 EXHIBIT " B " P.O. NO.7389 2/6/2026-ARM PAGE 8 OF 9 Soarch.art n x , N 400.-„ — * „. / '.. # ' ' 0. N / lilli*A / •' s.,,,, N/./..` ".. ,, Ns,. / / ' , 40101+ P.O. 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