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Home My WebLink AboutPO 7427: A ZONING MAP AMENDMENT FOR SOUTH OF NORMA STREET AND NORTH OF CANAL STREET, CHANGING THE ZONING CLASSIFICATION FROM LOW DENSITY RESIDENTIAL (LDR) TO COMMERCIAL RETAIL (CR) TO ALLOW FOR THE RE-ESTABLISHMENT AND OPERATION OF A CAR WASH n /'f !"1/11l 1" it www.PortArthurTx.gov 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. 7427—Amendment to the Zoning Ordinance granting a zoning change from a Low-Density Residential District to a Commercial Retail District. Introduction: The intent of this Agenda Item is to seek the City Council's consideration and approval of P.O. NO. 7427, amending Appendix A — Zoning of the City of Port Arthur Code of Ordinances by granting a Zoning Map Amendment for approximately 0.2987 Acres of Land consisting of part of Lot 1, Block 32, and Lot 17, Block 7, Port Acres Subdivision, Port Arthur, Jefferson County, Texas, to change the zoning from Low Density Residential District (LDR) to Commercial Retail District (CR) to allow the re- establishment and operation of a car wash. This request allows for the legal establishment of a car wash within a master-planned development. The Zoning Map Amendment will bring the proposed development into compliance with zoning regulations. Background: On or around March 25, 2026, the property owner applied for a Zone Change request. The request aims to change the zoning from a "Low Density Residential" zoned district to a "Commercial Retail" zoned district for the re-establishment and operation of a car wash. "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, providing an effective date of January 1, 2023, the use type "car wash" is prohibited in a "Low Density Residential" zoned 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 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 April 20, 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: April 20, 2026, at 5:30 p.m. • Written Opposition: 1 • Verbal Opposition: 2 • Letter Returned: 4 • City Council: June 30 2026, at 6:00 p.m. (as of June 23, 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. 7427, to consider granting a zone change request for approximately 0.2987 acres of land located in the Port Acres Subdivision, Jefferson County, Texas. The property is located at 2219 Canal Street. "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 P.O. NO.7427 6/23/2026-VH PAGE 1 OF 10 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 0.2987 ACRE OF LAND LOCATED AT 2219 CANAL STREET, LEGALLY DESCRIBED AS PART OF LOT 1, BLOCK 32, AND LOT 17, BLOCK 7, PORT ACRES SUBDIVISION, PORT ARTHUR, JEFFERSON COUNTY, TEXAS, SAID PROPERTY BEING LOCATED SOUTH OF NORMA STREET AND NORTH OF CANAL STREET, CHANGING THE ZONING CLASSIFICATION FROM LOW DENSITY RESIDENTIAL (LDR) TO COMMERCIAL RETAIL (CR) TO ALLOW FOR THE RE-ESTABLISHMENT AND OPERATION OF A CAR WASH; 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. Z26-04 — KENNETH RAY RICE, JR. 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 March 25, 2026, from Kenneth Ray Rice, Jr., being the owner and having a proprietary interest in the real property consisting of approximately a 0.2987 acre of land, part of Lot 1, Block 32, and Lot 17, Block 7, Port Acres Subdivision, Port Arthur, Jefferson County, Texas, has petitioned the City Council requesting a zoning map amendment for said property from Low Density Residential (LDR) to Commercial Retail (CR); 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 on June 30, 2026, at 6:00 p.m.; and P.O. NO. 7427 6/23/2026-VH PAGE 2 OF 10 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 April 20, 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.7427 6/23/2026-VH 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 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 Low Density Residential (LDR) to Commercial Retail (CR) District: 0.2987 ACRE OF LAND, PART OF LOT 1, BLOCK 32, AND LOT 17, BLOCK 7, PORT ACRES SUBDIVISION, 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. 7427 6/23/2026-VH 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 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. 7427 6/23/2026-VH PAGE 5 OF 10 Charlotte M. Moses, Mayor ATTEST: Christe Whitley Ned, TRMC, City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney APPROVED FOR ADMINISTRATION: Ronald "Ron" n, CPM, City Manager C • ra9' Pamela D. Langford, Ass`i'stant City Manager-Operations/ Director of Development Services P.O. NO.7427 6/23/2026-VH PAGE 6 OF 10 EXHIBIT "A" P.O. NO.7427 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 Zonbg Ordinance of the City of Port Arthur. that the City Council of the City of Port Arthur will hold a Public Hearing On Tuesday.June 30, 2026,At 6:00 P.M.,to consider the folbwing: PROPOSED CHANGE:A ZONING MAP AMENDMENT(Z26.04)TO CONSIDER A ZONE CHANGE FROM LOW DENSITY RESIDENTIAL (LDR) TO COMMERCIAL RETAIL (CR) FOR THE RE DEVELOPMENT OF ACARWASH. SITE LOCATION:2219 CANAL STREET (PID: 86925) LEGAL DESCRIPTION: BEING 0.2987 ACRES OF LAND OUT OF AND A PART OF LOT 1.BLOCK 32.AND LOT 17.BLOCK 7.PORT ACRES SUBDIVISION.PORT ARTHUR.JEFFERSON COUNTY. TEXAS, Citizens with questions regarding the description of this property can contact the City Planning Department at(409)983-8133.The public MI also be able to view the Public Hearing via the City's website at www.portarthurtx.gov. ;s/Christe Ned Christe Ned,TRMC, City Secretary P.O.NO.7427 6/23/2026-VH PAGE 8 OF 10 LLB" EXHIBIT P.O. NO.7427 6/23/2026—VH PAGE 9 OF 10 City of Port Arthur Development Services - Planning & Zoning Division Zoning Case #Z26-04 'j, ,li} 1F00, .� if r as. 4 �� sr`a 4 .r ! tt Po d Momif S,' �t. . . ' ' .. as 44 -At'" , w xra ). 04 \s, V* fi ' Ai&i if ,- -, -4.:- . a trh}IJF?E a Foilv,µ y 1 `.. . GAF : ; Cm of .y ..;;;e1 _ J, litg-r rrh "-_ 0 70 140 280 420 Feet P.O. NO.7427 6/23/2026—VH PAGE 10 OF 10 s #-t iatl c,. i i ;t) t �: