HomeMy WebLinkAboutPO 7419: AMENDING CHANGING THE ZONING CLASSIFICATION FROM LIGHT INDUSTRIAL (LI) TO COMMERCIAL GENERAL (CG) TO ALLOW FOR THE CONSTRUCTION & OPERATION OF AN AMUSEMENT, COMMERCIAL FACILITY Energy
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DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF PLANNING AND ZONING
INTEROFFICE MEMORANDUM
Date: June 23, 2026
To: The Honorable Mayor and City Council
Through: Ronald "Ron" Burton, City Manager, CPM
From: Victoria Hernandez, Administrative Aide
Development Services
RE: P.O. NO. 7419—Amendment to the Zoning Ordinance granting a zoning
change from a Light Industrial District (LI) to a Commercial General
District (CG).
Introduction:
The intent of this Agenda Item is to seek the City Council's consideration and approval
of P.O. NO. 7419, amending Appendix A — Zoning of the City of Port Arthur Code of
Ordinances by granting a Zoning Map Amendment for approximately 35.77 Acres of
Land consisting of Pt Lts 2 7 8, Blk 16, Rg N & Pt Lts 1 & 2, Blk 17 Rg N & Lt. 2, Tr 2,
1.000, Blk. 16, Range N Palco Addition, City of Port Arthur, Jefferson County, Texas,
to change the zoning from Light Industrial District (LI) to a Commercial General District
(CG) to allow the construction and operation of an Amusement, Commercial
(Indoor/Outdoor) Facility.
This request allows for the legal establishment of an Amusement, Commercial
(Indoor/Outdoor) Facility within a master-planned development. The Zoning Map
Amendment will bring the proposed development into compliance with zoning
regulations.
Background:
On or around April 8, 2026, the property owner applied for a Zone Change request.
"Remember. Nse 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
The request aims to change the zoning from a "Light Industrial" zoned district to a
"Commercial General" zoned district for the construction and operation of an
Amusement, Commercial (Indoor/Outdoor) Facility.
Per Appendix A, Section 3: Land Uses, providing an effective date of January 1, 2023,
the use type "Amusement, Commercial (Indoor/Outdoor) Facility" is prohibited in a
"Light Industrial" zoned district.
6.03 of the Cityof Port Arthur Zoning
accordance with Appendix A, Section 9
In pp
Ordinance, any person or corporation having a proprietary interest in any property may
petition the city council for a change or amendment to the provisions of this ordinance.
The Planning & Zoning Commission may, on its own motion or on request from the City
Council, institute a study and proposal for changes and amendments in the public
interest.
The Planning & Zoning Commission held a public hearing on May 4, 2026, at 5:30 P.M.
and voted 3:0 recommending approval of said request.
Notification of the City Council hearing date and time, June 30, 2026, at 6:00 p.m., was
published in the city's official newspaper and mailed to adjacent property owners within
a 200-foot radius, a minimum of 15 days prior to the public hearing.
In accordance with Texas Local Government Code Sections 211.006 and 211.007, a
public hearing was scheduled on the following dates/times to receive public comment:
• P&Z Commission: May 4, 2026, at 5:30 p.m.
• Written Opposition: 0
• Verbal Opposition: 0
• Letter Returned: 0
• Cit• Council: June 30 2026, at 6:00p.m. (as of June 23,
y 2026)
• Written Opposition: 0
• Verbal Opposition: N/A
• Letter Returned: N/A
Budget Impact:
None
Recommendation:
It is recommended that the City Council consider the approval of Proposed Ordinance
No. 7419, to consider granting a zone change request for approximately 35.77 acres of
land located in the Range N Palco Subdivision, Jefferson County, Texas. The property
is located South of West Port Arthur Road and North of Kerry Twin Thomas Drive.
"Remember, we arc here to sers e the(iti/ens of Port itrthur"
P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
.P.O. NO.7419
6/23/2026-VH
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 APPROVING
A ZONING MAP AMENDMENT FOR APPROXIMATELY 35.77 ACRES OF
LAND LOCATED SOUTH OF WEST PORT ARTHUR ROAD AND NORTH
OF KERRY TWIN THOMAS DRIVE, LEGALLY DESCRIBED AS PT LTS 2 7
8, BLK 16, RG N & PT LTS 1 & 2, BLK 17 RG N & LT. 2, TR 2, 1.000, BLK
16, RANGE N PALCO ADDITION, CITY OF PORT ARTHUR, JEFFERSON
COUNTY, TEXAS, CHANGING THE ZONING CLASSIFICATION FROM
LIGHT INDUSTRIAL (LI) TO COMMERCIAL GENERAL (CG) TO ALLOW
FOR THE CONSTRUCTION & OPERATION OF AN AMUSEMENT,
COMMERICAL (INDOOR/OUTDOOR) FACILITY; PROVIDING THAT ANY
PERSON VIOLATING ANY PROVISION OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND, UPON CONVICTION,
SHALL BE FINED IN AN AMOUNT NOT TO EXCEED $2,000.00, AS
PROVIDED IN CHAPTER 1, SECTION 1-13 OF THE CODE OF
ORDINANCES, AND THAT EACH DAY SUCH VIOLATION CONTINUES
SHALL CONSTITUTE A SEPARATE OFFENSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT
ARTHUR; AND PROVIDING THAT THIS ORDINANCE SHALL BECOME
EFFECTIVE IMMEDIATELY UPON PUBLICATION.
Z26-05 — HERDZ INVESTMENTS 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 April 8, 2026, from
Herdz Investments LLC., being the owner and having a proprietary interest in the real
property consisting of approximately a 35.77 acres of land, Pt Lts 2 7 8, Blk 16, Rg N &
Pt Lts 1 & 2, Blk 17 Rg N & Lt. 2, Tr 2, 1 .000, Blk. 16, Range N Palco Addition, City of
4
Port Arthur, Jefferson County, Texas, has petitioned the City Council requesting a zoning
map amendment for said property from Light Industrial (LI) to Commercial General (CG);
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 June 30, 2026, at 6:00 p.m.; and
P.O. NO.7419
6/23/2026-VH
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 May 4, 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 voted 3:0 recommending
"Approval" of this request; and
WHEREAS, in accordance with Section 211 .006(a)(1) 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 June 30, 2026, 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 June 10, 2026, before the 15th day of said hearing, as delineated in Exhibit "A"; and,
WHEREAS, in accordance with Section 211.006(a)(2) 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 June 30, 2026, at 6:00 p.m. Official notice of the time
and place of the hearing was published on the City's website on May 27, 2026, before
the 15th day of said hearing; 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.7419
6/23/2026-VH
PAGE 3 OF 9
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 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
Light Industrial (LI) to Commercial General (CG) District:
35.77 ACRES OF LAND, PT LTS 2 7 8, BLK 16, RG N & PT LTS
1 & 2, BLK 17 RG N & LT. 2, TR 2, 1.000, BLK. 16, RANGE N PALCO 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.
P.O. NO.7419
6/23/2026-VH
PAGE 4 OF 9
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 July, 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:
P.O. NO.7419
6/23/2026-VH
PAGE 5 OF 10
Charlotte M. Moses, Mayor
ATTEST:
Christe Whitley Ned, TRMC, City Secretary
APPROVED AS TO FORM:
1
Roxann Pais Cotroneo, City Attorney
APPROVED FO ADMINISTRATION:
Ronald "Ron o , CPM, City Manager
/32
Pamela D. Langford, Assistant City Manager-Operations/
Director of Development Services
P.O. NO.7419
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PAGE 6 OF 10
EXHIBIT "A"
P.O.NO.7419
6/23/2026-VH
PAGE 7 OF 10
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 Zoning Ordnance of the
City of Port Arthur. that the Cy Council Cl the City of Port Arthur wit hold a Public Hearing On
Tuesday. June 30, 2026,At 6:00 P.M.,to consider the following:
PROPOSED CHANGE:A ZONING MAP AMENDMENT(Z26-05)TO CONSIDER A ZONE CHANGE
FROM LIGHT INDUSTRIAL DISTRICT(U)TO COMMERCIAL GENERAL DISTRICT(CG)FOR THE
CONSTRUCTION & OPERATION OF AN AMUSEMENT. COMMERCIAL (INDOOR/OUTDOOR
FACILITY
SITE LOCATION: SOUTH OF WEST PORT ARTHUR ROAD&NORTH OF KERRY TWIN THOMAS
DRIVE (PID: 74175 &74176)
LEGAL DESCRIPTION: BEING 35.77 ACRES OF LAND. PT LTS 2 7 8. BK 16, RG N &PT LTS
& 2. BLK 17 RG N & LT 2. TR 2, 1.000. BLK. 16, RANGE N. PALCO ADDITION. CITY OF PORT
ARTHUR. JEFFERSON COUNTY TEXAS.
Citizens with questions regarding the description Cl this property can contact the City Planning
Department at(409)983-8133.The public wit also be able to view the Public Hearing via the City's
website at VAVW portarthurtcgov.
isiChriste Ned
Christe Ned,TRMC,City Secretary
P.O. NO.7419
6/23/2026-VH
PAGE 8 OF 10
EXHIBIT " B"
P.O. NO. 7419
6/23/2026-VH
PAGE 9 OF 10
City of Port Arthur
Development Services - Planning & Zoning Division
Zoning Case #Z26-05 /j,
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P.O. NO.7419
6/23/2026-VH
PAGE 10 OF 10
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