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HomeMy WebLinkAboutP.O. NO. 7449 AMENDMENT TO THE ZONING ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR AUTOMOBLIE SALES IN A COMMERCIAL RETAIL DISTRICT. City of «rt rth u� Teu+ www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: September 16, 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. 7449—Amendment to the Zoning Ordinance granting a Specific Use Permit for "Automobile Sales" 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. 264 [SUP #264] for approximately .9162 acres of land consisting of Tract 11-A, Replat of Lots 10 & 11, Block 5, Port Acres, City of Port Arthur, Jefferson County, Texas (6331 West Port Arthur Road) for an "Automobile Sales" in a Commercial Retail District. Background: On or around July 2, 2026, the property owner applied for a Specific Use Permit (SUP) for the operation of the use type "Automobile Sales" in a "Commercial Retail" zoned district. Per Appendix A, Section 3: Land Uses, providing an effective date of January 1, 2023, the use type "Automobile Sales" 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 August 3 at 5:30 P.M. The Planning & Zoning Commission voted 4:0 to recommend approval of the above-mentioned request. The Port Arthur City Council will hold a public hearing on September 22, 2026, at 6:00 p.m. Budget Impact: None Recommendation: It is recommended that City Council consider the approval of P.O. No. 7449, amending Appendix A — Zoning of the Port Arthur Code of Ordinances, by granting Specific Use Permit No. 264 [SUP #264] for approximately .9162 acres of land consisting of Tract 11-A, Replat of Lots 10 & 11, Block 5, Port Acres, City of Port Arthur, Jefferson County, Texas (6331 West port Arthur Road) for an "Automobile Sales" in a Commercial Retail District. "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.7449 09/1612026 ARM PAGE 1 OF 18 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS,AMENDING APPENDIX A—ZONING OF THE CITY OF PORT ARTHUR CODE OF ORDINANCES, TO GRANT SPECIFIC USE PERMIT NO. 264 TO ALLOW FOR "AUTOMOBILE SALES" IN A COMMERCIAL RETAIL DISTRICT ON APPROXIMATELY .9162 ACRE OF LAND LOCATED AT 6331 W PORT ARTHUR ROAD, LEGALLY DESCRIBED TRACT 11-A, REPLAT OF LOTS 10 & 11, BLOCK 5, PORT ACRES, 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. Z26-09 —Alpha SETX Property,LLC SUP#264 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 2, 2026, from Alpha SETX Property,LLC,being the owner and having a proprietary interest in the real property consisting of approximately .9162 acres located at 6331 West Port Arthur Road, legally described as Tract 11- A, Replat of Lots 10 & 11, Block 5, Port Acres, City of Port Arthur, Jefferson County, Texas,has petitioned the City Council requesting a Specific Use Permit to allow for "Automobile Sales" 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 211.006 and 211.007 of the Texas Local Government Code,having been fulfilled,the City Council held a public hearing on September 22, 2026, at 6:00 p.m.; and, P.O. NO.7449 09/1612026 ARM PAGE 2 OF 18 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 3, 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 September 22, 2026 at 6:00 p.m. Official notice of the time and place of the hearing was published in the official newspaper&the official website of the City of Port Arthur on September 5, 2026 & August 28, 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 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 P.O.NO.7449 0911612026 ARM PAGE 3 OF 18 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. 264 (SUP #264) is granted to allow the land use of"Automobile Sales"in a Commercial Retail zoned district on approximately.9162-acres of land described as: Tract 11-A, Replat of Lots 10 & 11, Block 5, Port Acres, City of Port Arthur [ A.KA. 6331 WEST PORT ARTHUR ROAD] 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. 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, P.O. NO.7449 09/1612026 ARM PAGE 4 OF 18 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 that 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 during which the 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 October 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. 7449 09/16/2026 ARM PAGE 5 OF 18 NOES: Charlotte M. Moses, Mayor ATTEST: Christe Whitley Ned, TRMC, City Secretary APPROVED AS Roxann Pais Cotroneo, City Attorney APPROVED FtrA) • DMINISTRATION: Ronald "Ron",B ;. CPM, City Manager • y -70 Pamela D. Langford, Assistant City Manager-Operations/ Director of Development Services P.O. NO.7449 09/16/2026 ARM PAGE 6 OF 18 EXHIBIT "A" P.O. NO.7449 09/16/2026 ARM PAGE 7 OF 18 aWoMrM M.II w.rr �Lamasar1'Iq��• N'.Lr M.r itc..TM Omens. gal # ' f 11 WAIN d■ Mimi 1� i" ,(}� .lulu WWII µ1.ln ra.. T tik rfArrY�r .r11RA[R�,Mti ammo"AMA Jimilill tt111A n,„ m;w•4aOOtwrmtr rruten aciaata mart,at • NOTIC7 OF PUBLIC HEARING OF THE CITY COUH .L OF THE CITY OF PORT ARTHUR N ,"is ra+ety l/toett n atax+6er, :%y t the revereo Coed Stapes and the the 00 at A�rtt Arthur,Out 1'1 Otp Coin OfQ1t Em ur PM kW a Pubk "'D Ordnance PfiUrIT REQUEST A 20i 1 G MAP MOMENT (409) TO THE GRAA,ING OF A SPECIFIC USEPERMIT FOR THE OF Aln'f>At[,182tE SALES Yt A Cts-T o I TI()Yr .RfTAA CKSTPCT SITE LOCAT ION• 6331 Mat Port Art}ye Read(Pld.65615) tfCA: Of SC"!PT1ON_ WING 0.91AZ ACRE Cf We, TACT lf. BLOCK S, PORT ACRES ADOfflo+1,PORT ARnIUR JEEFLRSON COUNTY,Tray O w.s with t repining the oat:V 1 d Pin popMy Can cornea tln ON p .19 •/e n __ > aatlBc ira De ib4 to vow the KM Howdy)vie t11f r * •tyrai!al llaindbitLcor 61:01(vii.cott r'N re%rd. FRMI•',City Serretery Published on September 5, 2026 P.O. NO.7449 09/16/2026 ARM PAGE 8 OF 18 P R.NO.25090 8/5/2026-VH gg/ 2 PAGE 1 OF 6 RESOLUTION NO. 76 +-31DS A RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER A SPECIFIC USE PERMIT FOR 0.9162 ACRES OF LAND CONSISTING OF TRACT 11-A, BLOCK 5, PORT ACRES ADDITION, PORT ARTHUR, JEFFERSON COUNTY, TEXAS. (6331 WEST PORT ARTHUR ROAD) Z26-09 DAVID RUSSELL HINSON WHEREAS. the City Council of the City of Port Arthur, Texas. is considering a Specific Use Permit for a 0.9162-acre tract of land, more particularly described and depicted in Exhibit"A"; and WHEREAS. in accordance with Chapter 211 of the Texas Local Government Code,a public hearing is required prior to the adoption of any zoning change, and proper notice of such hearing must be published in the City's official newspaper at least fifteen (15)days prior to the date of the hearing; and WHEREAS. the Planning and Zoning Commission held a public hearing regarding the proposed zoning map amendment on August 3,2026, at 5:30 p.m. in the City Council Chambers, located on the Fifth Floor of City Hall at 444 4th Street, Port Arthur, Texas. with the option for participation via telephonic or videoconference means, in accordance with applicable law; and WHEREAS, following the Planning and Zoning Commission's consideration and recommendation, the City Council will hold a public hearing on September 22. 2026. at 6:00 p.m. in the City Council Chambers, Fifth Floor,City Hall,444 4th Street, Port Arthur, Texas, or via telephonic or videoconference, to receive public comment and consider action on the proposed granting of a Specific Use Permit affecting the 0.9162-acre tract described in Exhibit"A". NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: THAT the facts and opinions in the preamble are true and correct. THAT the Planning and Zoning Commission held a public hearing for this on August 3, 2026 at 5:30 p.m. in the City Council Chambers, Fifth Floor, City Hall, 444 4"'Street, Port Arthur,Texas, or by telephonic and videoconference, P.O. NO.7449 09/16/2026 ARM PAGE 9OF18 P R NO 25090 61512026-VH PAGE 2 OF 6 THAT the City Council shall hold a public hearing to consider a Specific Use Permit for 0.9162-acres of Land consisting of Tract 11-A, Block 5. Port Acres Addition. Port Arthur,Jefferson County,Texas,delineated in Exhibit"A"on September 22,2026,at 6:00 p.m.in the City Council Chambers,Fifth Floor,City Hall,444 4th Street,Port Arthur,Texas, or by telephonic and videoconference. THAT notice of the public hearing shall be published at least fifteen days prior in the City's official newspaper before going to the City Council. THAT a copy of the caption of this Resolution is spread upon the Minutes of the City Council. READ, ADOPTED,AND APPROVED this day of August,A.D. 2026, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote AYES: MAYOR AAl a I C1 0-OS 61 1L J COUNCILMEMBERS: � . (W OVA� ' C(S(,►') C►<YlL , I � NOES: A _ Charlotte M. Moses, Mayor ATTEST: ,01 Christe Whitley Ned, TRM MT City Secretary P.O. NO.7449 09/16/2026 ARM PAGE 10 OF 18 P R NO 25090 8/5J2026-VH PAGE 3 OF 6 APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney APPROVED FOR ADMINISTRATION: Ronald"Ron".86rton, CPM, ity Manager Pamela D. Langford. Assis ant City Manager-Operations/ Director of Development Services P.O. NO.7449 09/16/2026 ARM PAGE 11 OF 18 P R NO 25090 6,54026-VH PAGE 4 OF 6 EXHIBIT "A" P.O. NO.7449 09116/2026 ARM PAGE 12 OF 18 P R NO 25090 8i5;2026-VH PAGE 5 OF 6 City of Port Arthur Development Services - Planning & Zoning Division / Zonin' Case #Z26-09 , 2 ¢ice }. x ' ` f�t �. ' ,; ,u ' f v. C / ` i Vf z �� ,i"� `ems .. ' lif , > /w- ti - - / ,\//: ,/ ie. P \,.;,\0411/4 ", .:1kit'i.• ' , '1 . , II Y\ f►vim /:: ' J/ �. " r. / /* ,� _ ' , t0," 0 62.5 125 250 375 Feel P.O. NO.7449 09/16/2026 ARM PAGE 13 OF 18 P.R NO 25090 815(2026-VH PAGE 6 OF 6 P.O. NO. 7449 09/16/2026 ARM PAGE 14 OF 18 ) trm19)I II Ni NIO+t\ \9111)9; RONA!DBIRIO\.(I"I I I11)\1\'hi\I \\\.III CIT", Mk".%GER \1 r)uk I'Kt) I I\I CIiRISIF.NHilLi.l \rtt. IIt\U ul \( II \11\Ilal K, _� �f CI IN SECRFr>R\ \l I4'.l it[f ) \I I..I()\r� RO\:�\\PtISCOrRO\k:() \\ \RR!" i'I\\ (ITN %rrOR\k l h\\1 \ !\t!) \ I)()\\I I)lK\\h.sk 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 Ordinance of the City of Port Arthur, that the City Council of the City of Port Arthur will hold a Public Hearing On Tuesday, September 22, 2026, At 6:00 P.M., to consider the following: PERMIT REQUEST: A ZONING MAP AMENDMENT (Z26-09) TO CONSIDER THE GRANTING OF A SPECIFIC USE PERMIT FOR THE OPERATION OF AUTOMOBILE SALES IN A COMMERCIAL RETAIL DISTRICT. SITE LOCATION: 6331 West Port Arthur Road (PID: 85615) LEGAL DESCRIPTION: BEING 0.9162 ACRE OF LAND, TRACT 11-A, BLOCK 5, PORT ACRES ADDITION, 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 will also be able to view the Public Hearing via the City's website at www.portarthurtx.gov. Christe Ned,TR\IC,Cite Seeretar: DEADLINE DATE: TUESDAY, SEPTEMBER 1,2026, BY 10:00 A.M. PUBLICATION DATE:SATURDAY, SEPTEMBER 5,2026 P.O. NO. 7449 09/16/2026 ARM PAGE 15 OF 18 Entry Properties `Aodified 9/1/2026 4:18:23 PM Created 8/28/2026 10:34:55 AM Path \CITY SECRETARY\RESOLUTIONS\2026 RESOLUTIONS\RES 26-368 Template =ITY SECRETARY P.O. NO. 7449 09/16/2026 ARM PAGE 16 OF 18 EXHIBIT "B" P.O. NO. 7449 09/16/2026 ARM PAGE 17 OF 18 City of Port Arthur Development Services - Planning Zoning Division Zoning Case #Z26-o9 ow. ,... ,,,. . . i� • �.- ... _ _.,...,----., <,... r "d 4 N. �� . .. , ,, 1.14,...,. „ ,. _._ . , . ,.. , . 0.1., ,..... .„... ..,. _ , .,...;.,, , ,,„,,, ,t .., . , , ..,.,, _ . .,,r 4 ..ir: -', . ',: I," . ,, . f / / ' r it ,:i.',..''-' -.. i . ,1 ....... - f' fie. 3 • y k. ii , '. �,-., s` ,* . 'fir f7.'C< IJ ,.off" v" ,,.'004 ,. l �.J , b z a. At ptiVr +r:o I—I r _,,,,,--- Jrti., r 152.5 12 250 1 JJ F"�'t P.O. NO.7449 09/16/2026 ARM PAGE 18 OF 18 4