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HomeMy WebLinkAboutPO 6919: AMENDING CHAPTER 94, ARTICLE VII, SECTION 94-452(3) OF THE CITY OF PORT ARTHUR CODE OF ORDINANCES City of or1 r11rut_ www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF PLANNING AND ZONING INTEROFFICE MEMORANDUM Date: December 10, 2020 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, City Manager From: Pamela D. Langford, Director of Development Services RE: P.O. NO. 6919 — An ordinance amending Chapter 94, Article VII, Section 94-452(3) of the City of Port Arthur Code of Ordinances. Introduction: This agenda item intends to seek City Council's approval of P.O. NO. 6919, amending Chapter 94, Article VII, Section 94-452(3), of the City of Port Arthur Code of Ordinances to extend the boundary for commercial excavation of earth materials north of F.M. Highway 365. Background: The applicant, Mary E. Young Properties, is 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, subject to the following conditions: a. Commercial excavations shall be limited to areas with a natural ground elevation of +2 feet MSL or less; "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 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. Budget Impact: None Recommendation: It is recommended that City Council approve P.O. NO. 6919, amending Chapter 94, Article VII, Section 94-452(3), of the City of Port Arthur Code of Ordinances to extend the boundary for commercial excavation of earth materials north of F.M. Highway 365. "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.6919 12/09/2020 PDL PAGE 1 OF 5 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 94 "STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES," ARTICLE VII "EXCAVATIONS," SECTION 94-452(3) OF THE CITY OF PORT ARTHUR CODE OF ORDINANCES AS IT PERTAIN TO EXCAVATIONS; PUNISHABLE AS PROVIDED IN SECTION 1-13 OF THE CODE OF ORDINANCES, AS AMENDED, BY FINE NOT EXCEEDING TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE. 020-01 WHEREAS, Mary E. Young Properties has requested an 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 extend the boundary line for commercial excavation of earth materials to include property located in the northwest line of F.M. Highway 365, Port Arthur, Jefferson County, Texas; and, WHEREAS, the City Council desires to adopt the changes to the ordinance regulating excavations as delineated herein; and, WHEREAS, the City Council deems it in the best interests of the City to amend Chapter 94, Article VII, Section 94-452(3), extending the boundary line for commercial excavation of earth materials; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That the facts and opinions in the preamble are true and correct. SECTION 2. That 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 is hereby amended as delineated in Exhibit "A". P.O. NO.6919 12/09/2020 PDL PAGE 2 OF 5 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, such portion shall be deemed a separate, distinct, and independent provision and such 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 who violates any provision of this Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not exceeding Two Thousand Dollars ($2,000.00) as provided in Section 1-13 of the Code of Ordinances, and each day such violation shall be permitted to exist shall constitute a separate offense. SECTION 6. That the 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 a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of December, A.D., 2020 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: Mayor: Council members: P.O. NO.6919 12/09/2020 PDL PAGE 3 OF 5 Noes: Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: Valecia I" Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Ro "Ron" BLID, City M. :•l-r Gig • (.,y Pamela D. Langford, Director of Development Services P.O.NO.6919 12/09/2020 PDL PAGE 4 OF 5 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. (2) Noncommercial excavations providing detention ponding may be utilized for individual commercial or industrial development projects, subject to the following conditions: P.O.NO.6919 12/09/2020 PDL PAGE 5 OF 5 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 Acre Tract of Land Out of 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.