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
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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,
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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
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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,
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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
•
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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
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NOTIC7 OF PUBLIC HEARING
OF THE CITY COUH .L OF THE CITY OF PORT ARTHUR
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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
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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
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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
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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
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Entry Properties
`Aodified 9/1/2026 4:18:23 PM
Created 8/28/2026 10:34:55 AM
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SECRETARY\RESOLUTIONS\2026
RESOLUTIONS\RES 26-368
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=ITY SECRETARY
P.O. NO. 7449
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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
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P.O. NO.7449
09/16/2026 ARM
PAGE 18 OF 18
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