HomeMy WebLinkAboutP.O. NO. 7448 AMENDMENT TO THE ZONING ORDINANCE GRANTING ZONING CHANGE. COr of
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www.PortArthurTx.gov
DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF PLANNING AND ZONING
INTEROFFICE MEMORANDUM
Date: August 28, 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. 7448— Amendment to the Zoning Ordinance granting a zoning
change from a Commercial Retail District (CR) to a Planned
Development-47 District (PD-47).
Introduction:
The intent of this Agenda Item is to seek the City Council's consideration and approval
of P.O. NO. 7448, amending Appendix A — Zoning of the City of Port Arthur Code of
Ordinances by granting a Zoning Map Amendment for approximately 27.80 Acres of
Land, All of Blocks 92, 93, 94, 95, 96, 118, 117, and 116; Part of Blocks 83, 84, 85,86,
87, 88, 91, 114, 115, 119, 122, 123, 124, and 125, City of Port Arthur, Jefferson County,
Texas, to change the zoning from Commercial Retail District (CR) to a Planned
Development-49 District (PD-47).
The purpose of this zone change request is to establish a Planned Development (PD)
District that provides a unified development plan for the area. The Planned
Development (PD) District will incorporate the Medium Density Residential (MDR)
District and allow residential construction within the designated Commercial Retail (CR)
District upon approval of a Specific Use Permit (SUP). Existing homes and homes
currently under construction within the designated Commercial Retail (CR) District shall
be recognized as having an established Specific Use Permit(SUP) under the provisions
of the Planned Development (PD) District.
Background:
On or around July 29, 2026, the City of Port Arthur applied for a Zone Change request.
"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
The request aims to amend the zoning from a Commercial Retail District (CR) to a
Planned Development-47 District (PD-47).
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 August 17, 2026, at 5:30
P.M. and voted 4:0 recommending approval of said request.
Notification of the City Council hearing date and time, September 8, 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: August 17, 2026, at 5:30 p.m.
• Written Opposition: 0
• Verbal Opposition: 0
• Letter Returned: 17
• City Council: September 8, 2026, at 10:00 a.m.
• Written Opposition: N/A
• 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. 7448, amending Appendix A—Zoning of the City of Port Arthur Code of Ordinances
by granting a Zoning Map Amendment for approximately 27.80 Acres of Land, All of
Blocks 92, 93, 94, 95, 96, 118, 117, and 116; Part of Blocks 83, 84, 85,86, 87, 88, 91,
114, 115, 119, 122, 123, 124, and 125, City of Port Arthur, Jefferson County, Texas, to
change the zoning from Commercial Retail District (CR) to a Planned Development-47
District (PD-47).
"Remember,He 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.7448
8/28/2026-AM
PAGE 1 OF 11
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 27.80 ACRES OF
LAND, ALL OF BLOCKS 92, 93, 94, 95, 96, 118, 117, AND 116; PART OF
BLOCKS, 83, 84, 85, 86, 87, 88, 91, 114, 115, 119, 122, 123, 124, AND 125,
CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (LOCATED
NORTH OF PROCTER STREET AND WEST OF STILWELL BOULEVARD)
CHANGING THE ZONING CLASSIFICATION FROM COMMERCIAL RETAIL
(CR) TO PLANNED DEVELOPMENT-47 (PD-47) TO ESTABLISH A
PLANNED DEVELOPMENT (PD) DISTRICT THAT PROVIDES A UNIFIED
DEVELOPMENT PLAN FOR THE AREA. THE PLANNED DEVELOPMENT
(PD) DISTRICT WILL INCORPORATE THE MEDIUM DENSITY
RESIDENTIAL (MDR) DISTRICT AND ALLOW RESIDENTIAL
CONSTRUCTION WITHIN THE DESIGNATED COMMERCIAL RETAIL (CR)
DISTRICT THROUGH A SPECIFIC USE PERMIT (SUP). EXISTING HOMES
AND HOMES CURRENTLY UNDER CONSTRUCTION WITHIN THE
DESIGNATED COMMERCIAL RETAIL (CR) DISTRICT SHALL BE
RECOGNIZED AS HAVING AN ESTABLISHED SPECIFIC USE PERMIT
(SUP) UNDER THE PROVISIONS OF THE PLANNED DEVELOPMENT (PD)
DISTRICT; 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.
Z26-10 - CITY OF PORT ARTHUR
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 July 29, 2026, from
the City of Port Arthur, consisting of approximately 27.80 Acres of Land, All of Blocks 92,
93, 94, 95, 96, 118, 117, and 116; Part of Blocks 83, 84, 85, 86, 87, 88, 91 , 114, 115,
119, 122, 123, 124, and 125, City of Port Arthur, Jefferson County, Texas, has petitioned
the City Council requesting a zoning map amendment for said property from Commercial
Retail (CR) to Planned Development-47 (PD-47); and,
P.O. NO.7448
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PAGE 2 OF 11
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 September 8, 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 August 17, 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 4:0 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 September 8, 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 August 19, 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 September 8, 2026, at 10:00 a.m. Official notice of the
I
P.O. NO.7448
8/28/2026-AM
PAGE 3 OF 11
time and place of the hearing was published on the City's website on August 13, 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
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
Commercial Retail District (CR) to Planned Development-47 (PD-47) District:
All of Blocks 92, 93, 94, 95, 96, 118, 117, and 116;
Part of Blocks 83, 84, 85,86, 87, 88, 91, 114, 115, 119, 122, 123, 124, and 125,
City of Port Arthur, Jefferson County, Texas
EXHIBIT "A"
P.O. NO.7448
8/28/2026-AM
PAGE 4 OF 11
Section 2. USE REGULATIONS
Use regulations for the "PD-47", Planned Development-47 District, shall permit
uses as prescribed in the Use Schedules contained in the Land Use Table of Section 3.03
of Appendix A of the Code of Ordinances of the City of Port Arthur, Texas, for the
Commercial Retail (CR) and Medium Density Residential (MDR) Districts, as delineated
on "Exhibit B"
Section 3. 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 4. 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 5. That all ordinances and parts of ordinances in conflict herewith are
hereby repealed, but only to the extent of such conflict.
Section 6. 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.
P.O. NO.7448
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Section 7. 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 8. 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 September, 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
ATTEST:
Christe Whitley Ned, TRMC, City Secretary
APPROV RM:
Roxann Pais Cotroneo, City Attorney
P.O. NO.7448
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PAGE 6 OF 11
APPROVED FOR D IN ST ATIO •
Ronald "Ron" Bu , ,'City Mana er
Pamela D. Langford, Assist t City Manager-Operations/
Director of Development Services
P.O. NO.7448
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PAGE 7 OF 11
EXHIBIT "A"
P.O. NO. 7448
8/28/2026—AM
PAGE 8 OF 11
Wednesday.August 19,2026 The News
PUBLIC NOTICE
NOTICE OF PUBLIC
HEARING OF THE CITY
COUNCIL OF THE CITY OF
PORT ARTHUR
Notecce is hereby g,ven in
accordance with the revised
Civil Statutes and the Zoning
Ordinance of the City of Pod
Arthur, that the City Council of
the City of Port k-thur will hold a
Public Hearing On Tuesday.
September 8, 2026, At 10:00
A.M.,to cccr.sder the forowing.
PROPOSED CHANGE: A
ZONING MAP AMENDMENT
(Z26-10) TO CONSIDER A
ZONE CHANGE FROM
COMMERCIAL RETAIL (CR)
TC A PLANNED
DEVELOPMENT DISTRICT
SITE LOCATION:The property
as located North of Procter Street
and West o&SG1we;l Boulevard
LEGAL DESCRIPTION: All of
Blocks 92 93,94.95. 96. 11$.
117.and 116:Part of 9!odcs 81,
83,84,85,87.88.91.114, 115,
119, 122, 123. 124. and 125.
Cry of Port Arthur. Jefferson
County,Texas
Citizens with puestlorr.
regarding the description of this
property can contact the City
Planning Department at (409)
9834133. The public wit, also
be able to view the Public
Hearing via the City's website z'
www.portarthurtxgov.
sJChriste Ned
TRMC.City Secretary
Port Arthur News.
Aug.15,2026
HEARING 9.8.26
P.O. NO.7448
8/28/2026-AM
PAGE 9 OF 11
EXHIBIT " B "
P.O. NO.7448
8/28/2026-AM
PAGE 10 OF 11
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P.O. NO.7448
8/28/2026-AM
PAGE 11 OF 11
Reverend Dr. Ransom Howard Street
1.Applicable parts of blocks 83, 84, 85, 86, 87, 88, 91, 92, 93, 94, 95, and 96 with existing
residential uses, including homes currently constructed or under construction, shall be
recognized through established Specific Use Permits (SUPs), as delineated on "Exhibit
B."
Established SUP's are listed as follows:
Block 83
Lot 8, City of Port Arthur, Jefferson County, Tx SUP # 251
Tract 11-A, City of Port Arthur, Jefferson County, Tx SUP #252
Block 84
Lot 8, City of Port Arthur, Jefferson County, Tx SUP #253
Lot 9, City of Port Arthur, Jefferson County, Tx SUP #254
Tract 11-A, City of Port Arthur, Jefferson County, Tx SUP #255
Block 91
Lot 2, City of Port Arthur, Jefferson County, Tx SUP #256
Lot 3, City of Port Arthur, Jefferson County, Tx SUP #257
Block 92
Tract 1-A, City of Port Arthur, Jefferson County, Tx SUP #258
Tract 1-B, City of Port Arthur, Jefferson County, Tx SUP #259
Tract 1-C, City of Port Arthur, Jefferson County, Tx SUP #260
Tract 1-D, City of Port Arthur, Jefferson County, Tx SUP #261
• Block 93
Lot 4, City of Port Arthur, Jefferson County, Tx SUP #262
Block 94
N 35' of S 67' of Lot 1 and Lot 2, City of Port Arthur, SUP #263
Jefferson County, Tx
2.Any future construction of residential dwellings on property designated on "Exhibit b"
within applicable parts of blocks 83, 84, 85, 86, 87, 88, 91, 92, 93, 94, 95, and 96, where
such property fronts Reverend Dr. Ransom Howard Street, shall require approval of
a Specific Use Permit (SUP) prior to construction.
3.AI1 Commercial Retail uses (CR) will remain by right.
Medium Density Residential
1.Part of Blocks 91, 92, 93, 94, 95, 96, 114, 115, 119, 122, 123, 124, and 125, and all of
Blocks 116, 117, and 118, as delineated on Exhibit B, are hereby designated Medium-
Density Residential (MDR) and shall permit Medium-Density Residential uses by right.