HomeMy WebLinkAboutPO 5878: EXCAVATION ORDINANCE AMENDMENTINTEROFFICE MEMORANDUM
To: STEVE FITZGIBBONS, CITY MANAGER
Faot~t: DALE L. WATSON, DIRECTOR OF PLANNING ~-~
suaJECr: P.O. NO. 5878- EXCAVATION ORDINANCE AMENDMENT
DATE: 04/09/08
RECOMMENDATION:
Councilmember Lewis has requested that the Excavation Ordinance be amended to
permit the commercial sale of excavated earth materials outside of the azea in which it is
.currently permitted subject to certain conditions.
BACKGROUND:
The Excavation.Ordinance currently only allows commercial excavations in the azea
bounded by Hwy. 73, Hwy. 365, West Port Arthur Rd. and Hwy. 69. We have received a
request to permit an excavation north of Hwy. 365 in an azea that currently prohibits
commercial excavations. The water from the excavation will be used for agricultural
uses and a portion of the dirt removed will be used on site. The proposed ordinance
would amend the current excavation ordinance to permit the commercial sale of dirt from
an excavation that will provide water for farm or ranching activities. The ordinance
provides certain conditions related to this exception as follows:
a. Commercial excavafion shall be completed
within one (1) year.
b. No more than 70% of the earth material may
be sold commercially. Remaining material
shall remain onsite.
c. No more than 10% of the available land
under single ownership may be excavated.
d. A residence must be constructed on the
property prior to the end of the excavation
period.
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e. Fencing requirements under Section 18-457
(a) may be waived upon review and
recommendation by the Planning and Zoning '
Commission and approval of the City .
Council; provided the farm or ranch is
fenced.
BUDGETARY/FISCAL EFFECT:
None
' STAFFING/EMPLOYEE EFFECT:
.None
SUMMARY:
Councilmember Lewis requests that Proposed Ordinance No. 5878 be approved.
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P.O. N0.5878
04/09/08 DLW
ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLE VII (EXCAVATIONS)
CHAPTER 94 (STREETS, SH)EWALKS AND OTHER PUBLIC
PLACES) OF THE CODE OF ORDINANCES OF THE CITY OF
PORT ARTHUR TO PROVH)E STANDARDS FOR-
EXCAVATIONS IN SUPPORT OF FARM OR RANCH
ACTIVITIES; PUNISHABLE AS PROVIDED IN SECTION 1-13
OF THE CODE OF ORDINANCES, AS AMENDED BY FINE
NOT EXCEEDING TWO THOUSAND [$2,000.00] DOLLARS);
AND PROVIDING FOR PUBLICATION IN THE OFFICLAL
NEWSPAPER OF THE CITY OF PORT ARTHUR AND
EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE.
WHEREAS, the City of Port Arthur does regulate and limit the location of commercial
excavations within the City; and,
WHEREAS, the City Council of the City of Port Arthur wishes to permit the sale of earth
materials in additional. areas when connected to farm or ranch activities, now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
SECTION 1. That the heading of Section 94-452 (Conditions required for granting) of Article
VII (Excavations) of Chapter94 (Streets, Sidewalks and Other Public Places) be amended by
adding the following: _
"(5) Commercial excavation of earth materials in areas outside
of the area. as provided in 94-452 (3) shall only be permitted if the
excavation, when. completed, provides for storage of water used
forfarm or ranch purposes, subject to the following conditions:
a. Commercial excavation shall be completed within eighteen
(18}months, with a possible extension of six (6) months upon
the approval of the Director of Planning .
b. No more than 70% of the earth material may be sold
commercially. Remaining material shall remain onsite.
c. No more than 10% of the available land to be used for farm
or ranch purposes may be excavated:
d. A~residence must be constructed on the property prior to the
end of the excavation period.
P:O. NO.5878
04/09/08
Page 2 of 3
e. Fencing requirements under Section 18-457. (a) may be
waived upon review and recommendation by the Planning
and Zoning Commission and approval of the City Council,
provided the farm or ranch is fenced.
SECTION. 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance
is £or 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. All ordinances and parts ofordinances in conflict herewith aze hereby repealed,
but only to the extent of such conflict.
SECTION 5. 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 Two Thousand
($2,000.00) Dollars as provided in Section I-13 of the Code of Ordinances, and each day such
violation shall be permitted to exist shall constitute a separate offense.
SECTION 6. T1us Ordinance or its caption and penalty shall be published at least one (1) time
within ten 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.
READ, ADOPTED AND APPROVED this day of April, A.D., 2008 at a Regular
Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES:
MAYOR
COUNCILMEMBERS
NOES:
P.O. N0.5878
04/09/08
Page 3 of 3
ATTEST:
MAYOR
'CITY SECRETARY
APPROVED AS TO FORM: '
CITY ATTORN ~%~L ~~j~- car>~-~ a'
0 -/
APPROVED FOR ADMINISTRATION:
CITY MANAGER
DIRECTOR ORPLANNING
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