[00:00:01]
[I. Chairperson’s Opening Remarks]
TO THE MARCH 17TH MEETING OF 2025 OF THE PLANNING AND ZONING COMMISSION FOR THE CITY OF PORT ARTHUR, TEXAS.CALL TO ORDER AT ROSALYN 5:35 PM ROLL CALL.
LET THE RECORD SHOW WE DO HAVE A QUORUM.
[IV. APPROVAL OF MINUTES]
APPROVAL OF MINUTES FROM FEBRUARY THE 21ST, 2025.THAT MINUTES WILL BE APPROVED AS PRESENTED.
WE'LL MOVE RIGHT INTO NEW BUSINESS.
[VI. NEW BUSINESS - PUBLIC HEARING ITEMS (INDIVIDUAL CONSIDERATION)]
MS. ARIES, WOULD YOU PLEASE GIVE US CASE NUMBER Z 25 DASH OH THREE? YES SIR.CASE NUMBER Z 25 DASH ZERO THREE.
THE PROPERTY HOME OWNER IS FAHEEM HUSSEIN KHA.
THE PROPERTY LOCATION IS 36 45 AND 36.
JCAD PARCEL NUMBER 9 8 2 2 6 AND 9 8 2 2 7.
THE REQUEST TYPE IS FOR A SPECIFIC USE PERMIT.
COMMISSION IS BEING ASKED TO CONSIDER A ZONING MAP AMENDMENT FOR THE FOLLOWING LOT, 18 THROUGH 20 BLOCK 24 ROSEMONT AND LOT 21 THROUGH 24 TRACK ONE BLOCK 24 ROSEMONT, JEFFERSON COUNTY, TEXAS.
THE CURRENT ZONING IS A PLANNED DEVELOPMENT.
THE PROPOSED ZONING IS A SPECIFIC USE PERMIT.
THE ABUTTING ZONE, NORTHWEST AND EAST ARE ALL PLANNED DEVELOPMENT.
14 SOUTH IS MEDIUM DENSITY RESIDENTIAL.
AND THE PURPOSE OF THIS REQUEST IS TO ALLOW THE CONSTRUCTION AND OPERATION OF A RETAIL LOCAL SHOPPING CENTER.
AN APPLICATION WAS FILED WITH THE PLANNING AND ZONING COMMISSION ON OR AROUND FEBRUARY 3RD, 2025, REQUESTING A SPECIFIC USE PERMIT TO ALLOW FOR THE CONSTRUCTION AND OPERATION OF RETAIL LOCAL SHOPPING CENTER.
A SPECIFIC USE PERMIT IS A ZONING AMENDMENT TO ALLOW A DESIGNATED USE AT A DESIGNATED LOCATION AND APPROVAL FOR A SPECIFIC USE PERMIT THAT HAS BEEN DETERMINED TO BE MORE INTENSE OR TO HAVE A POTENTIALLY GREATER IMPACT THAN A USE PERMITTED BY RIGHT WITHIN THE SAME ZONING DISTRICT.
ON MONDAY, MARCH 3RD, 2025 18.
NOTICES WERE MAILED TO ADJACENT PROPERTY OWNERS WITHIN A 200 FOOT RADIUS AND PUBLISHED IN THE PORT ARTHUR NEWSPAPER A MINIMUM OF 15 DAYS BEFORE THE PNZ PUBLIC HEARING SCHEDULED FOR TODAY, MARCH 17TH, 2025.
AND THAT IS ALL COMMISSIONERS.
S UM, CAN YOU, UH, PROBABLY TO MAKE SURE WE ALL DON'T UNDERSTAND WHAT WE'RE DOING HERE, THE, THAT'S NINTH AVENUE AND 39TH STREET.
WHERE? UH, FAMILY DOLLAR AND, UH, SEVEN 11 AND YES, SIR.
YEARS AGO THE COUNCIL APPROVED A 'CAUSE A SOME KIND OF LITTLE EVENT.
THEY'RE UM, WHAT THEY USE IT FOR.
SO THIS IS THE PROPERTY GONNA BE ACROSS THAT? YES, SIR.
AND HE IS ONE TO PUT A, THEY WANTED TO CONSTRUCT A SHOPPING CENTER THERE.
NOW WITH THIS ZONING, LIKE WITH EVERY, I SEE EVERYTHING ELSE IS THE BUDDING ZONES ARE ALL PLANNED DEVELOPMENT EXCEPT FOR THAT ONE MEDIUM, UH, DISTANCE TO RESIDENTIAL.
NOW BY DOING THAT, WHEN HE PUT A SHOPPING CENTER IN THERE LIKE THAT, HE'LL HAVE STRIPS AND DIFFERENT TENANTS, I'M SURE.
IF, AND DOES THE CITY HAVE CONTROL OVER WHAT TYPE OF BUSINESSES GO IN THERE? SO I SAY FOR INSTANCE, YOU KNOW, IT WOULD BE A, THAT'D BE A PRIME SPOT FOR A GAME ROOM OR SOMETHING LIKE THAT, THAT TRY TO GET IN ON THERE.
SO CAN THAT ANYTHING LIKE THAT TAKE PLACE? ANY COMMERCIAL ACTIVITY WILL REQUIRE SPECIFIC USE PERMIT.
SO THIS SAME PROCESS, THEY WOULD HAVE TO COME BACK FOR THE SAME THING AGAIN.
IT, WHENEVER THEY ARE READY TO OCCUPY THEIR PROPERTY WITH THEIR COMMERCIAL RETAIL ACTIVITY, THEY WILL ALSO HAVE TO COME BEFORE THE COMMISSIONERS.
AND THEY WILL AL ALSO HAVE, WE WOULD HAVE TO PRESENT IT TO CITY COUNCIL SO THAT THEY COULD BE GRANTED OR DENIED A SPECIFIC USE PERMIT.
[00:05:01]
BUT THIS PARTICULARLY IS JUST FOR THE SHOPPING CENTER ITSELF BECAUSE ANY COMMERCIAL ACTIVITY REQUIRES A SPECIFIC, SPECIFIC USE PERMIT IN THIS DISTRICT.THE TENANT ITSELF WOULD HAVE TO COME BEFORE PLANNING IS GOING TO FOR A SPECIFIC USE PERMIT? YES SIR.
WHATEVER, WHATEVER THEY MAY PUT IN THERE.
ANYBODY ELSE HAVE ANY QUESTIONS OR COMMENTS? I HAVE A QUESTION BECAUSE YOU'RE SAYING THAT ANY TENANT WOULD HAVE TO COME BACK? WELL, IF THE BUILDER IS ONLY LEASING THE PROPERTY OWNER, THE ONLY PERSON THAT CAN REQUEST A ZONE CHANGE OR A SPECIFIC USE PERMIT IS THE PROPERTY OWNER.
SO WHEN THE TENANT GETS READY TO LEASE THE PROPERTY OR LEASE ONE OF THE SPACES, A SPECIFIC USE PERMIT IS STILL REQUIRED BECAUSE ANY COMMERCIAL ACTIVITY IN THAT PLAN DEVELOPMENT REQUIRES A SPECIFIC USE PERMIT, ANY COMMERCIAL ACTIVITY.
SO THEY CAN'T JUST LEASE IT AND PUT A BOUTIQUE THERE.
EVEN THE BOUTIQUE HAS TO COME GET A SPECIFIC USE PERMIT BECAUSE THAT PD 14, ANY COMMERCIAL ACTIVITY, ANY COMMERCIAL SHOPS WILL REQUIRE A SPECIFIC USE PERMIT.
NOW WE HAVE BEEN STUCK WITH COUNCIL COMING BACK TO US AFTER THE FACT.
ARE WE GONNA GO THROUGH THIS AGAIN AFTER COUNCIL COMING BACK? AFTER THE FACT? YEAH.
AFTER THEY'VE APPROVED SOMETHING, THEY'LL COME BACK TO US TO GET SOMETHING APPROVED, BUT IT'S ALREADY APPROVED THROUGH COUNSEL.
IT WAS PROBABLY BEFORE I WAS HERE.
BUT, UM, THEY'VE COME, IT IS USUALLY NOT HOW THINGS HAVE BEEN APPROVED PRIOR AND COME BACK, BUT IT'S ALREADY APPROVED AND I COULD NEVER FIGURE OUT WHY IF IT WENT TO COUNCIL AND NEVER, YOU KNOW, AND IT MISSED US.
WHY DID IT COME BACK TO US AFTER COUNCIL APPROVED IT? IT MISSED YOU.
WHAT? YOU COULD YOU EXPLAIN IT DID NOT COME TO OUR COMMISSION.
IT HAS TO COME BEFORE PLANET ZONING FIRST THOUGHT IT, IT HAST.
THINGS LIKE THIS HAVE COME BACK ON US ALLY, BUT IT'S KIND OF HARD FOR US TO SAY NO IF IT GONE TO COUNCIL FIRST.
WELL WE, IF WE WOULD BE, WE WOULDN'T BE OBEYING THE LAW IF THAT HAPPENED.
I KNOW, AND I DON'T BELIEVE WE'VE EVER DONE THAT.
WE DON'T HAVE ANYBODY THAT'S GOING AGAINST THIS.
NOBODY'S GONNA GO AGAINST THE CITY.
WELL, I KNOW FOR SURE THOUGH, AND THE ORDER WE DO THINGS WE NEVER, WE PRESENTED TO YOU FIRST BECAUSE WE HAVE TO GIVE THE RECOMMENDATION FROM THE COMMISSIONERS TO CITY COUNCIL.
SO WE CAN'T GIVE THEM A RECOMMENDATION THAT YOU DON'T GIVE US.
I KNOW HOW IT'S SUPPOSED TO WORK.
WELL, BUT I KNOW, I DO KNOW WE OPERATE IN ORDER FOR SURE.
BUT I MEAN, IF, IF THERE'S A CASE THAT YOU'RE AWARE OF, LET ME KNOW AND WE'LL, WE'LL DO THE RESEARCH.
BUT I CAN ALMOST GUARANTEE YOU THAT WE BRING EVERYTHING TO YOU FIRST.
I THINK THE COUNCIL MEMBERS WANT ME TO GO GIVE BACK.
WE'VE, WE'VE BEEN, UH, ASSIGNED THAT TASK TO EITHER APPROVE OR DENY THIS.
THAT'S WHY I'M ASKING THE QUESTIONS BECAUSE I HAVE THAT RIGHT.
AS A COUNSEL, YOU DO APPOINTEE TO THIS COMMISSION.
SO I'M ASKING THE QUESTION ABOUT WILL THEY BE ABLE TO COME BACK OR HOW IS THIS GONNA WORK WITH A SPECIAL USE PERMIT? BECAUSE WITH THAT SPECIAL USE PERMIT, YOU'RE SAYING THAT EACH VENDOR INSIDE THAT SHOPPING CENTER, WHATEVER THEY WANNA PUT IN THERE, THEY HAVE TO COME BACK TO US OR THE OWNER HAS TO COME BACK TO US.
THAT'S WHAT I SAID, THE OWNER, THE TENANT, JUST THE OWNER, THE ONLY PROPERTY OWNERS CAN REQUEST A ZONE CHANGE OR A SPECIFIC USE PERMIT.
SO HE'S NOT ASKING FOR A SPECIFIC USE PERMIT FOR THE WHOLE BUILDING YET? IS THAT WHAT YOU'RE SAYING? HE'S ASKING FOR THE SPECIFIC USE PERMIT BECAUSE ANY COMMERCIAL RETAIL ACTIVITY IN THE PD 14 REQUIRES A SPECIFIC USE PERMIT.
THEY, THE LAND IS RAW, THERE'S NOTHING ON IT.
I KNOW HE WANTS TO CONSTRUCT A SHOPPING CENTER THAT'S COMMERCIAL ACTIVITY.
THEREFORE HE HAS TO REQUEST A SPECIFIC USE PERMIT ONCE IT IS BUILT.
AND HE HAS TENANTS, ONCE THEY BEGIN TO OCCUPY THE SPACE FOR A BOUTIQUE, FOR A RESTAURANT, WHATEVER THE CASE MAY BE, THEY HAVE TO REVISIT THE PROPERTY OWNER HAS TO REQUEST A SPECIFIC USE PERMIT TO OCCUPY THOSE SPACES.
FOR COMMERCIAL RETAIL, SIMILAR TO, AS WE SPOKE ABOUT EARLIER, THE GAME ROOM BY WALMART.
THEY HAVE THAT SHOPPING CENTER, SO SOMEONE WANTED TO LEASE IT FOR A GAME ROOM.
THE TENANT DID NOT COME TO US.
THE PROPERTY OWNER HAD TO SAY, HEY, I HAVE A TENANT.
THEY WANNA PUT A GAME ROOM HERE.
THEY'RE REQUESTING A SPECIFIC USE PERMIT, I'M APPLYING FOR IT.
THEY APPLIED FOR IT, THEY WERE DENIED.
THEY COULD NOT HOLD THE SPACE FOR A GAME ROOM.
SO IT'S SIMILAR TO THE SAME PROCESS.
UM, I'D JUST LIKE TO SAY I, I GET REALLY EXCITED WHEN YOU HAVE DEVELOPERS YES, SIR.
IN OUR COMMUNITY THAT WANT TO BUILD ANYTHING ANYWHERE IN THE CITY MM-HMM
UH, MORE SPECIFICALLY SOUTH OF HIGHWAY 73.
UM, I DO NOTICE THAT, UM, ONE OF THE AREAS IS A WASH.
ONE OF THE SPACES IS FOR WASH AND THE OTHER ONE IS FOR A PROPOSED BUSINESS HERE.
[00:10:01]
I, I SUPPORT NEW DEVELOPMENT OUT IN OUR SOUTH.ONE CONCERN I HAVE THOUGH YES, SIR.
AT THAT CORNER OF NINTH AVENUE AND 39TH STREET MM-HMM
UM, NINTH AVENUE IS A FOUR LANE STREET AT THAT INTERSECTION.
39TH STREET IS A TWO LANE MM-HMM
UH, ROAD AT THAT INTERSECTION.
AND EVEN WITHOUT THAT BUSINESS, WHENEVER I WANT TO MAKE A LEFT TURN OFF OF 39TH TO NINTH AVENUE, EITHER WAY, IT'S A VERY SHORT SPACE.
UH, AND WITH THAT SHOPPING CENTER BEING THERE, I KNOW THAT THAT WOULD MEAN PROBABLY MORE TRAFFIC AND I KNOW IT REQUIRES MONEY AND FUNDING, BUT I WAS JUST WONDERING IF ANYONE HAD CONSIDERED THE POSSIBILITY OF, OF WIDENING 39TH STREET ON BOTH SIDES OR IN PARTICULARLY ON THE SIDE WHERE THE, WELL IT WOULDN'T LOOK RIGHT TO HAVE IT ON JUST ONE SIDE, BUT TO WIDEN 39TH STREET FOR A FEW YARDS APPROACHING THAT NEW DEVELOPMENT.
IS THAT SOMETHING THAT THE CITY WOULD HAVE TO APPROVE? I'M, I DON'T GUESS THE DEVELOPER HAS ANY JURISDICTION OR RIGHT.
GOT MILLIONS OF DOLLARS TO DO IT
UM, BUT THAT WAS ONLY ONE CONCERN THAT I HAD.
I CAN JUST SEE SOME CONGESTION THERE, BUT I AM NOT OPPOSED TO THE DEVELOPMENT ITSELF.
UM, THAT WOULD BE AN ENGINEERING QUESTION.
BUT, UM, AS FAR AS THIS PROJECT GOES, IT'S JUST THE, THE SUP ITSELF.
MAYBE THAT COULD COME IN THE FUTURE, BUT RIGHT NOW, UM, WE ARE JUST FOCUSED ON THE SPECIFIC USE PERMIT ITSELF.
AND ALSO WE DID MEET IN PRE-DEVELOPMENT AND ENGINEERING GAVE ALL THEIR COMMENTS AND EVERYTHING ALIGNED WITH THE LAW TO MOVE FORWARD WITH THE PROJECT.
SO WERE THERE ANY LETTERS RETURNED? NO MA'AM.
DID ANYBODY SAY NO? EVERYBODY SAID YES.
ANY OTHER QUESTIONS FOR ARIES? I CAN ACTUALLY SPEAK TO THE STREET.
ANYONE WISHING TO SPEAK? UM, LEMME OPEN UP THE FLOOR FOR ANYONE WISHING TO SPEAK.
FOR ANYONE WISHING TO SPEAK AGAINST ANYONE WISHING TO SPEAK AGAINST NO ONE.
I JUST, DO YOU HAVE A COMMENT? I HAVE A COMMENT.
IT'S NOT REALLY FOR, PLEASE GIVE YOUR NAME AND ADDRESS, PLEASE.
UH, COUNCIL MEMBER DISTRICT THREE, AND I RESIDE AT 76 11 BRAAS IN PORT ARTHUR.
UH, MR. WAGNER, I WANTED TO ADDRESS YOUR CONCERN ABOUT 39TH STREET AND NINTH AVENUE SINCE THAT'S IN MY DISTRICT.
UH, THOSE ARE TWO STREETS THAT ARE ON THE STREETS PROJECT AS, UH, EMERGENCY REPAIRS, UH, BECAUSE OF THE CONDITION OF 39TH STREET.
AND THE FACT THAT RIGHT NOW 39TH IS BEING USED AS A THOROUGHFARE TO AVOID THE TRAFFIC CONGESTION FROM THE CONSTRUCTION ON THE TECH STOCK PROJECT THAT'S TAKEN OUT THE CLOVERLEAF.
UH, SO THOSE TWO STREETS RIGHT THERE ARE ON THE TOP OF THE LIST FOR THE STREETS PROJECT FOR THIS YEAR.
UM, THERE HAS BEEN SOME TALK ABOUT WIDENING 39TH STREET AT THE INTERSECTION AND NINTH AVENUE IS GOING TO BE WIDENED FROM 39TH STREET SOUTH ALL THE WAY TO EVERGREEN.
SO THAT IT, IT MAY NOT SOLVE THE WHOLE PROBLEM AND BEING WIDENED AS FAR AS IT CAN BECAUSE THERE'S DITCHES ON EITHER SIDE AND IT IMPACTS DRAINAGE AND THAT SORT OF THING.
BUT, BUT THOSE STREETS ARE, ARE DUE TO BE REPAIRED VERY SOON.
WHAT'S A QUESTION FOR YOU, IF I MAY? OKAY,
SO, UH, THE WIDENING OF NINTH AVENUE SOUTH.
FROM 39TH WILL IT EXTEND TO 25TH STREET? IT GOES ALL THE WAY TO EVERGREEN.
SO THAT'S NOT QUITE TO 25TH STREET.
IT'S JUST WELL, IS THAT BEFORE BOSTON OR AFTER BOB? I, I'LL TAKE IT BACK.
EVERGREEN KIND OF RUNS 25TH STREET COMES AND GOES ACROSS THE RAILROAD TRACK RIGHT AT THE CEMETERY.
NINTH AVENUE CONTINUES ACROSS THE RAILROAD TRACK, DOWN PAST THE CEMETERY, AND THEN EVERGREEN COMES OUT RIGHT THERE.
RIGHT ACROSS THE SO IT'S, IT'S CLOSE.
SO LET ME ASK YOU ANOTHER QUESTION.
COUNCILWOMAN, SINCE, UH, 39TH STREET, NINTH AVENUE ON THE PLAN MM-HMM
FOR STREET REPAIRS, WHAT HAPPENS ONCE AND MAYBE, UH, ARIES CAN ANSWER THIS OR MR. LARRY, BUT WHEN THE CONSTRUCTION STARTS ON THAT CORNER MM-HMM
WON'T IT NOT INTERFERE WITH THE STREETS PROJECT? WELL, I'M SURE THEY'RE GONNA HAVE TO COORDINATE AROUND THAT.
I, I DON'T, I THINK THIS CONSTRUCTION WILL PROBABLY START BEFORE THE STREET REPAIRS START, HONESTLY.
AND THESE KIND OF BUILDINGS GO UP REALLY QUICKLY.
SO I, I WOULD HOPE THAT THEY WOULDN'T CONFLICT WITH EACH OTHER, BUT I'M, I'M SURE THERE WOULD BE SOME, SOME DISCUSSIONS ABOUT HOW TO BEST MANAGE THAT IF, IF IT DOES HAPPEN THAT WAY.
ANYONE ELSE WISHING TO SPEAK AGAINST OR COMMENT? NOBODY COMING TO THE MIC? MS. ARIES? LET SEE.
THAT SHOULD BE, THAT'S THE ONLY ONE WE HAD.
[00:15:01]
I NEED A MOTION TO CLOSE PUBLIC HEARING.I HAVE A MOTION TO SECOND TO CLOSE THE PUBLIC HEARING.
PUBLIC HEARING CLOSED AT FIVE 50 COMMISSIONERS.
DO WE HAVE A, I WOULD LIKE TO MOVE THAT WE APPROVE THE ZONING MAP AMENDMENT, UH, CASE NUMBER Z 25 3.
DO I HAVE A SECOND? I'M GOING AGAINST IT.
I HAVE A MOTION AND A SECOND FOR APPROVAL OF THIS, UH, CASE NUMBER Z 25 DASH OH THREE.
[VII. NEW BUSINESS - NON-PUBLIC HEARING ITEMS]
REPORT.UM, WE WILL MEET AGAIN ON APRIL 7TH.
THE ONE AFTER THAT IS APRIL 21ST I BELIEVE.
THAT'S THE PUBLIC NOTICE THAT WENT IN THE, UM, WATER BILLS FOR THE COMPREHENSIVE ZONE CHANGE.
AND APRIL, WHAT? SEVENTH AND 21ST.
THAT'S THE TWO BUTTON? MM-HMM
I HAVE A MOTION FOR ADJOURNMENT.
I SECOND HAVE A MOTION AND A SECOND FOR ADJOURNMENT.
MOTION CARRIES 5:52 PM ADJOURNMENT.
THANK YOU SO MUCH, COMMISSIONERS.