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Home My WebLink AboutPO 7397: AMENDMENT TO THE ZONING ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR AN UNMANNED WIRELESS COMMUNICATION SYSTEM IN A COMMERCIAL RETAIL DISTRICT 0 , City o/ r,rt rtItu'r.�- www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: March 18, 2026 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, CPM, City Manager From: Aries R. Milo, Senior Planner- Planning & Zoning Division Cc: Pamela D. Langford, Development Services Director / Assistant City Manager—Operations RE: P.O. NO. 7397—Amendment to the Zoning Ordinance granting a Specific Use Permit for the construction "Unmanned Wireless Communication System" in a Commercial Retail District. Introduction: The intent of this Agenda Item is to seek the City Council's consideration for the approval for the amendment of Appendix A — Zoning of the Port Arthur Code of Ordinances, by granting Specific Use Permit No. 247 [SUP #247] for approximately .64 acres of land consisting Lots 20-23, Block 2, Glendale Addition, Port Arthur, Jefferson County, Texas (1101 Jefferson Drive) for an "Unmanned Wireless Communication System" in a Commercial Retail District. Background: On or around January 15, 2026, the property owner of 1101 Jefferson Drive applied for a Specific Use Permit (SUP) for the operation of the use type 'Unmanned Wireless Communication System" in a "Commercial Retail" zoned district. Per Appendix A, Section 3: Land Uses, providing an effective date of January 1, 2023, the use type "Unmanned Wireless Communication System" is prohibited in a "Commercial Retail" zoned district without the approval of a Specific Use Permit. In accordance with Appendix A, Section 6.07 of the City of Port Arthur Zoning Ordinance, the City Council, after public hearing and proper notice to all parties affected and after recommendations by the Planning and Zoning Commission, may authorize the issuance of Specific Use Permits for the uses indicated by"SUP" in 3.03. Land Use Table. Specific Use Permits (SUP) are issued to the property, not to the applicant, use, or business. The City Council may, in the interest of the public welfare and to ensure compliance with this ordinance, establish conditions of operation, location, arrangement, and construction of any uses listed as Specific Use Permits, the City Council may impose such development standards and safeguards as the conditions and locations indicate important to the welfare and protection of adjacent property from noise, vibration, dust, dirt, smoked, fumes, gas odor, explosion, glare, offensive view, or other undesirable or hazardous conditions. Notification of the hearing date and time was published in the city's official newspaper and mailed to adjacent property owners within a 200-foot radius a minimum of 15 days before the public hearing. The Planning &Zoning Commission held a public hearing on February 16, 2026, at 5:30 P.M. The Port Arthur City Council held a public hearing on March 24, 2026 at 10:00 a.m. Budget Impact: None Recommendation: It is recommended that City Council consider the approval of P.O. No. 7397, amending Appendix A— Zoning of the Port Arthur Code of Ordinances, by granting Specific Use Permit No. 247 [SUP #2471 for approximately .64 acres of land consisting Lots 20-23, Block 2, Glendale Addition, Port Arthur, Jefferson County, Texas (1101 Jefferson Drive) for an "Unmanned Wireless Communication System" in a Commercial Retail District. "Remember,ne are here to sere the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 03/18/2026 ARM PAGE 1 OF 10 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTP.O.NO.7397 ARTHUR, TEXAS, AMENDING APPENDIX A — ZONING OF THE CITY OF PORT ARTHUR CODE OF ORDINANCES, TO GRANT SPECIFIC USE PERMIT NO. 247 TO ALLOW FOR AN "UNMANNED WIRELESS COMMUNICATION SYSTEM" IN A COMMERCIAL RETAIL DISTRICT ON APPROXIMATELY .64 ACRE OF LAND LOCATED AT 1101 JEFFERSON DRIVE, LEGALLY DESCRIBED AS LOT 20-23, BLOCK 2, GLENDALE ADDITION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS; (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. Z26-03 — Figueroa, Inc. SUP #247 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 January 15, 2026, from Jose Luis Figueroa, being the owner and having a proprietary interest in the real property consisting of approximately .64 acres located at 1101 Jefferson Drive, legally described as Lot 20-23, Block 2, Glendale Addition, City of Port Arthur, Jefferson County, Texas, has petitioned the City Council requesting a Specific Use Permit to allow for an "Unmanned Wireless Communication System"zoning use in a Commercial Retail District; 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 P.O.NO.7397 03118/2025 ARM PAGE 2 OF 10 211.006 and 211.007 of the Texas Local Government Code, having been fulfilled, the City Council held a public hearing March 24, 2026, at 10:00 a.m.; and, 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 February 16, 2026, 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 March 24, 2026 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 March 7, 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 P.O.NO.7397 0311812025 ARM PAGE 3 OF 10 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 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 Specific Use Permit No. 247 (SUP #247) is granted to allow the land use of an "Unmanned Wireless Communication System" in a Commercial Retail zoned district on approximately .64-acres of land described as: LOT 20-23, BLOCK 2, GLENDALE ADDITION, CITY OF PORT ARTHUR [ A.KA. 1101 JEFFERSON] JEFFERSON COUNTY, TEXAS EXHIBIT "B" Section 2. That the Building Official and the Director of 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. P.O.NO.7397 03/1812025 ARM PAGE 4 OF 10 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 the Planning and Zoning Commission of the City of Port Arthur has recommended that this request be approved; therefore, a three-fourths (3/4) majority (6 votes) is not 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 April A.D., 2026 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR: COUNCILMEMBERS: P.O.NO.7397 03/18/2025 ARM PAGE 5 OF 10 NOES: Charlotte M. Moses, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROV !.ter" O FORM- Roxann Pais Cotroneo, City Attorney APPROVED FO I ISTRATION: Ronald "Ron" Burton M, City Manager / • am. LC Pamela D. Langford, Assists ity Manager-Operations/ Director of Development Services P.O. NO.7397 03/18/2025 ARM PAGE 6 OF 10 EXHIBIT "A" P.O. NO.7397 03/18/2025 ARM PAGE 7 OF 10 Weekend, March 7 - 8. 2Q26 / The News_ PUBLIC NOTICE NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PORT ARTHUR t.ol..ix is hereby given in accordance with the revised Civil Statures and the L nrrlg Ordinance at the City of Port Arttlur,that the City Councut of the Csty of Port Arthur will hold a Pubis:Hearing on Tues- day,March 24.2026.at 10:00 a m.,to consider to frliowi g- PROPOSED CHANGE:A ZONING MAP AMENDMENT(Z26-031 REQUESTING A SPECIFIC USE PERMIT FOR THE CONSTRUCTION OF AN UNMANNED CELLULAR TOWER LEGAL DESCRIPTION:.6t ACRE OF LAND,GLENDALE.LT 20 THRU r.T 23.BLOCK 2,CITY OF PORT ARTHUR,JEFFERSON COUNTY,1EXAS (PROPERTY IS LOCATED AT 1101 JEFFERSON DRIVE I JCAD PARCEL$466534) Citizens with questions regarding the description of this properly can contact the City Planning De- partment at(409)963-B133.The pufilic will also be able to view the Public Heanng via the City's website at www portarthurtx gov ;srsnern Bellard Shorn Bellard City Secretary,TRMC P.O.NO.7397 03/18/2025 ARM PAGE 8 OF 10 EXHIBIT "B" P.O. NO.7397 03/1812025 ARM PAGE 9 OF 10 City of Port Arthur Development Services - Planning & Zoning Division Zonis Case #Z26-03 fo • ..: lk t I "e"rJr" , - OS W 7 og _ t !.� 1i ; a Y*, 1. i 4 ! . C . ,. 41 4111 t_ jermokiiirft: • -al tit Q .46 * 111111tA414 P.O. NO.7397 03/1812025 ARM PAGE 10 OF 10 a