HomeMy WebLinkAboutPR 21671: PUBLIC HEARING TO CONSIDER GRANTING AN AMENDMENT TO CHAPTER 94 City of
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DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF PLANNING & ZONING
INTEROFFICE MEMORANDUM
Date: November 17, 2020
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Pamela D. Langford, Director of Development Services A. "iv,
RE: P.R. No. 21671 — A resolution calling for a public hearing to consider
granting an amendment to Chapter 94, Article VII, Section 94-452(3) of
the Port Arthur Code of Ordinances
Introduction:
The intent of this Agenda Item is to request a public hearing to consider amending
Chapter 94 — Streets, Sidewalks, and other Public Places, Article VII. - Excavations,
Section 94-452(3). — Conditions required for granting, of the City of Port Arthur Code of
Ordinances.
The purpose of the request is to extend the boundary line for commercial excavation of
earth materials to include property located north of F.M. Highway 365.
Background:
Charles Reeves, Jr., Purchaser, MMA, Inc. submitted an application to the Planning
Commission requesting an ordinance amendment to Chapter 94 — Streets, Sidewalks,
and other Public Places, Article VII. - Excavations, Section 94-452(3). — Conditions
required for granting, of the City of Port Arthur Code of Ordinances, to allow commercial
excavation of earth materials north of F.M. Highway 365, which would include
approximately 234.050-Acres of Land owned by Mary E. Young Properties, WM.
McFaddin Survey, Section 10, Abstract No. 415, and Port Arthur Land Company
Subdivision.
Per Section 94-452(3), commercial excavation of earth materials shall be permitted
only in undeveloped areas bounded by Highway 73, Highway 365, West Port Arthur
Road, and Highway 69.
A public hearing was held by the Planning & Zoning Commission on November 16,
2020.
Budget Impact:
N/A
Recommendation:
It is recommended that City Council approve P.R. No. 21671, calling for a public hearing
to consider amending Chapter 94 — Streets, Sidewalks, and other Public Places, Article
VII. - Excavations, Section 94-452(3). — Conditions required for granting, of the City of
Port Arthur Code of Ordinances.
The public hearing shall be held on Tuesday, December 22, 2020 at 6:00 p.m.
"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.R. NO.21671
11/17/2020-PDL
PAGE 1 OF 5
RESOLUTION NO.
A RESOLUTION CALLING FOR A PUBLIC HEARING TO
CONSIDER AMENDING CHAPTER 94, ARTICLE VII, SECTION
94-452(3) OF THE CITY OF PORT ARTHUR CODE OF
ORDINANCES.
WHEREAS, City Council is being asked to consider amending Chapter 94 —
Streets, Sidewalks, and other Public Places, Article VII. - Excavations, Section 94-452(3).
— Conditions required for granting, of the City of Port Arthur Code of Ordinances to extend
the boundary for commercial excavation of earth materials to include approximately
234.050-Acres of Land owned by Mary E. Young Properties, WM. McFaddin Survey,
Section 10, Abstract No. 415, and Port Arthur Land Company Subdivision, as delineated
in Exhibit "A"; and,
WHEREAS, pursuant to Chapter 211 of the Texas Local Government Code, a
public hearing must precede any ordinance amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
THAT the facts and opinions in the preamble are true and correct.
THAT in accordance with Section 211 .007 of the Texas Local Government Code,
the Planning and Zoning Commission held a public hearing for this case on November
16, 2020 and voted 3:0 to recommend that the City Council adopt this amendment to the
Code of Ordinances.
THAT a public hearing to consider whether to amend Chapter 94 — Streets,
Sidewalks, and other Public Places, Article VII. - Excavations, Section 94-452(3). —
Conditions required for granting, of the City of Port Arthur Code of Ordinances to extend
P.R.NO.21671
11/17/2020-PDL
PAGE 2 OF 5
the boundary for commercial excavation of earth materials to include approximately
234.050-Acres of Land owned by Mary E. Young Properties, WM. McFaddin Survey,
Section 10, Abstract No. 415, and Port Arthur Land Company Subdivision, shall be held
on December 22, 2020 at 6:00 p.m. in the City Council Chambers, Fifth Floor, City Hall,
444 Fourth Street.
THAT notice of the public hearing shall be published in the official newspaper of
the City at least fifteen days before going to the City Council.
THAT a copy of the caption of this Resolution be spread upon the Minutes of the
City Council.
READ, ADOPTED AND APPROVED this day of November, A.D.
2020, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the
following vote:
AYES: MAYOR
COUNCIL MEMBERS:
NOES:
Thurman Bill Bartie, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
P.R.NO.21671
11/17/2020-PDL
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APPROVED AS TO FORM:
&two
Valecia "V I" Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
Ron ` on" Burto , City Mana2•-
e /— ( - , al
Pamela D. Langford, Developmait Services Manager
P.R.NO.21671
11/17/2020-PDL
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Exhibit "A"
Sec. 94-452. -Conditions required for granting.
An excavation permit may be granted for a retention pond, detention pond or commercial excavation,
subject to the following:
(1) Noncommercial excavations providing for a retention pond (landscape feature) may be granted,
subject to the following conditions:
a. Pond shall be located on the development site;
b. Shall be supported by engineering data;
c. Shall be acceptable to the city and drainage district no. 7, as operational part of the drainage
system if designed to provide for detention as stated above in section 94-421, "Definitions";
d. The retention pond shall not comprise more than 30 percent of the total land area of the
proposed development, up to a maximum of ten acres. Excess excavated material beyond
that required for the construction of the development may be exported off-site and sold to
other developments. The excess material exported off-site shall not exceed 50 percent of
the total material removed, or intended to be removed, from the excavation. In order to export
material from the excavation, the developer must first deposit a bond in an amount equal to
the cost of the proposed public infrastructure improvements or $100,000.00, whichever is
greater. Said bond will be deposited with the director of planning and will be released after
completion and acceptance the public infrastructure;
e. Depth of the retention pond shall be designed to provide for proper circulation and freshness
of the water within. Accordingly, the water surface elevation shall be a minimum of ten feet
above the bottom of the excavation. In the event that this depth is not possible, developer
may request that a fountain or other mechanical water circulation structure be approved.
Such approval will be at the discretion of the director of planning, director of public works,
and the director of community services;
f. The retention pond shall be designed to include an emergency overflow and outfall channel
to protect the residents of the development from flooding in the event of excessive
precipitation or other such event that would cause the water to overtop the banks of the
feature. The outfall channel must be designed to safely route any overflow water to an
existing drainage feature or structure of sufficient capacity for the volume of overflow
resulting from a 100-year storm event and away from the development;
g. The retention pond shall be designed to include a minimum of one foot of freeboard between
the normal water surface elevation and the top of the excavation. In addition, the
development must be graded so that all structures will be constructed with a finish floor
elevation that is a minimum of one-half(0.5) foot above the top of the excavation;
h. The development must include a homeowner's association (HOA)that will provide for proper
maintenance of the landscape feature. Such maintenance to include keeping the banks of
the feature clean and mowed and keeping the water surface clean and uncluttered. The HOA
will also be responsible for removing all debris from the feature and repairing all damages
sustained by the feature in the event of a hurricane or other natural disaster. The expenses
incurred by such activities shall be the sole responsibility of the HOA, the developer and the
residents of the development. At no time will the feature ever be dedicated to the City of Port
Arthur to be owned, operated or maintained by the city;
i. The development shall include deed restrictions and the HOA shall adopt rules prohibiting
the operation of motorized watercraft(boats, personal watercraft, etc.) on the pond;
j. A major building (residential or commercial) must be constructed on the property within one
year of the date of the permit.
P.R.NO.21671
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(2) Noncommercial excavations providing detention ponding may be utilized for individual
commercial or industrial development projects, subject to the following conditions:
a. Excavations for detention ponding shall be supported by engineering data;
b. Acceptable to the city and drainage district no. 7, as an operational part of the drainage
system;
c. The detention pond shall be located on the development site;
d. Shall in no case have a bottom elevation lower than -4 feet MSL;
e. Excavated earth materials shall be used within the development or watershed area.
(3) Commercial excavation of earth materials shall be permitted only in undeveloped areas bounded
by Highway 73, Highway 365, West Port Arthur Road and Highway 69, including 234.050 Acres
owned by Mary E Young Properties, located in the Wm. McFaddin Survey Section 10 Abstract
No 415 and Port Arthur Land Company Subdivision Volume 1, Page 22 M.R.J.C, located
Northwest of Highway 365, subject to the following conditions:
a. Commercial excavations shall be limited to areas with a natural ground elevation of+2 feet
MSL or less;
b. Shall provide supplemental stormwater storage for the Alligator Bayou Ponding area;
c. Shall be acceptable to the city and drainage district no. 7, as an operational part of the
drainage system;
d. Shall obtain a 404 permit from the corps of engineers or a determination that one is not
required.
