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Home My WebLink AboutPO 7432: AMENDMENT TO THE ZONING ORDINANCE GRANTING A ZONING CHANGE FROM A LIGHT INDUSTRIAL DISTRICT TO A COMMERCIAL DISTRICT City n1 O urt t'tTtrtr www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF PLANNING AND ZONING INTEROFFICE MEMORANDUM Date: July 8, 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.O. NO. 7432— 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. 7432, amending Appendix A — Zoning of the City of Port Arthur Code of Ordinances by granting a Zoning Map Amendment for approximately15.48 Acres of Land out of and a part of 65 Tr 6&7, I W Burton, 12.610 383 Tr 6, R Wilson Labor 2.890, City of Port Arthur, Jefferson County, Texas, to change the zoning from Agricultural (AG) to a Heavy Industrial (HI) to allow for the development of two (2) Batch Plants. This request allows for the legal establishment of a "Batch Plant" within a master- planned development. The Zoning Map Amendment will bring the proposed development into compliance with zoning regulations. Background: On or around April 29, 2026, the property owner applied for a Zone Change request. The request aims to amend the zoning from an Agricultural District (AG) to a Heavy Industrial District (HI) for the development of two (2) Batch Plants. Per Appendix A, Section 3: Land Uses, providing an effective date of January 1, 2023, the use type "Batch Plant"is prohibited in a "Agricultural" zoned district. "Remember, He are here to serNu the Citizens of Port Arthur P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 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 June 1, 2026, at 5:30 P.M. and voted 3:0 recommending approval of said request. Notification of the City Council hearing date and time, July 14, 2026, at 10:00 a.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 held on the following dates/times to receive public comment: • P&Z Commission: June 1, 2026, at 5:30 p.m. • Written Opposition: 0 • Verbal Opposition: 0 • Letter Returned: 0 • City Council: July 14, 2026, at 10:00 a.m. • Written Opposition: 0 • Verbal Opposition: 0 • Letter Returned: 0 Budget Impact: None Recommendation: It is recommended that the City Council consider the approval of Proposed Ordinance No. 7432, to consider granting a zone change request for approximately15.48 Acres of Land out of and a part of 65 Tr 6&7, I W Burton, 12.610 383 Tr 6, R Wilson Labor 2.890, City of Port Arthur, Jefferson County, Texas. The property is located West of Dowling Road and North of S. 8th Street. 'Remember.eve 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.7432 7/8/2026-AM 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 15.48 ACRES OF LAND OUT OF AND A PART OF 65 TR 6&7, I W BURTON, 12.610 383 TR 6, R WILSON LABOR 2.890, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (LOCATED WEST OF DOWLING ROAD AND NORTH OF S. 8TH STREET) CHANGING THE ZONING CLASSIFICATION FROM AGRICULTURAL (AG) TO HEAVY INDUSTRIAL (HI) TO ALLOW FOR THE DEVELOPMENT OF TWO (2) BATCH PLANTS; 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. Z26-08— SHERRY JANNISE 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 29, 2026, from Sherry Jannise, being the owner and having a proprietary interest in the real property consisting of approximately 15.48 Acres of Land out of and a part of 65 Tr 6&7, I W Burton, 12.610 383 Tr 6, R Wilson Labor 2.890, City of Port Arthur, Jefferson County, Texas, has petitioned the City Council requesting a zoning map amendment for said property from Agricultural (AG) to Heavy Industrial (HI); 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 July 14, 2026, at 10:00 a.m.; and P.O.NO.7432 7/8/2026-AM 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 June 1, 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 July 14, 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 June 27, 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 July 14, 2026, at 10:00 a.m. Official notice of the time and place of the hearing was published on the City's website on June 16, 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.7432 7/8/2026-AM 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 Agricultural (AG) to Heavy Industrial (HI) District: 15.48 Acres of Land out of and a part of 65 Tr 6&7, I W Burton, 12.610 383 Tr 6, R Wilson Labor 2.890, 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.7432 7/8/2026-AM 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.7432 7/8/2026-AM 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 FORA IN STRATION: Ronald "Ron" Burton, C , City Manager r Ow-../ Pamela D. Langford, Assistant City Manager-Operations/ Director of Development Services P.O. NO.7432 7/8/2026-AM PAGE 6 OF 10 EXHIBIT "A" P.O. NO.7432 7/8/2026-AM PAGE 7 OF 10 .PUBLIC NOTICE NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PORT ARTHUR Notice s hereby given in accordance r,th the revised Civii Statutes and the Zoning Ordinance of the City of Port Arthur. that the City Council of the City of Port Arthur will hold a Pune Hearing On Tuesday,July 14,2026,At 10:00 A.M.. to consider the folk:Whg.: PROPOSED CHANGE:A ZONING MAP AMENDMENT(Z26-08)TO CONSIDER A ZONE CHANGE FROM AGRICULTURAL(AG)TO HEAVY INDUSTRIAL(HI) FOR THE DEVELOPMENT OF TWO (2)BATCH PLANTS. SITE LOCATION: NEST OF DOWLING ROAD AND NORTH OF S.8TH STREET(PID* 134693) LEGAL DESCRIPTION:BEING 15 48 ACRES OF LAND OUT OF AND A PART OF 65 TR 667.1 W BURTON, 12 610 383 TR 6, R WILSON LABOR 2.890_ CITY OF PORT ARTHUR. JEFFERSON COUNTY,TEXAS. Citizens with questions regarding the description of this property can contact the City Planning Department at(409)9838133.The public wi:I also Ise able to view the Pubic Hearing via the City's website at wwwportarthuRx.gov. ts,'Ch•ute tvcd Christ.Ned,TRMC,City Secretary P.O. NO. 7432 7/8/2026-AM PAGE 8 OF 10 EXHIBIT " B " P.O. NO.7432 7/8/2026—AM PAGE 9 OF 10 City of Port Arthur Development Services - Planning & Zoning Division Zonin• Case #Z26-08 , 'F C. +t I t Q G \C A n I i k - • Cif) v./ i -7 h qy' wx o. ort rihur � - 7rxa3 0 287.5 575 1150 1 725 Feet P.O. NO.7432 7/8/2026-AM PAGE 10 OF 10