HomeMy WebLinkAboutPO 5949: EXCAVATION PERMIT FOR ROYA ESTATESINTEROFFICE MEMORANDUM
To: STEVE FITZGIBBONS, CITY MANAGER AND CITY COUNCIL
FxoM: COLLEEN RUSSELL ,DIRECTOR OF PLANNING
suaJacr: E08-04 (EXCAVATION FOR RETENTION PONDS ON LAKE
ARTHUR DR) FOR PROPOSED ROYA ESTATES - SOUTH OF LAKE
ARTHUR AND WEST OF 67~' STREET AKA ABOUT 7 ACRES OUT OF
22.830 THAT IS PART OF LOT 5, BLOCK 10, RANGE "G" AND PART
OF RESERVE "C", PORT ARTHUR LAND COMPANY-SUBDPJIISON
CITY OF PORT ARTHUR ,JEFFERSON COUNTY, TEXAS
nn'rE: 12/02/08
BACKGROUND:
The Planning and Zoning Commission is being asked to consider an excavation for a
retention pond on Lake Arthur Drive. Proposed is a residential development for about 37
lots and to include two sectors approximately seven acres that will be retention ponds.
Dirt will be sold from these azeas in accordance with the revised ordinance Article VII in
the City Codes -Section 94 under the caption Streets, Sidewalks, and other Public
Places" and the subsection relating to excavations. Also in complying with State Laws a
retention pond is deemed necessary by the engineers to meet drainage needs (an holding
azea) that will allow for excess run-off and preventive flooding measures. The location is
in the southeast area of Lake Arthur Drive and west of proposed 67~h Street. It is border to
the south by green space that is unbuildable due to pipe line easements. The proposed
subdivision will have an HOA (home owner association) that will maintain the green
space and the retention features
Applicant- Soutex Surveyors, Iuc. Owner-Nassau Shomalzadeh
RECOMMENDATION: '
Staff has no objections to this request and all theoretical requirements for the
approximately 7.0 acre site exhibit will have to meet or exceed with the Engineering
Division requirements. In order to apply to TCEQ for approval a preliminary plat shall
be submitted and this is the exhibit presented
BUDGETARY/FISCAL EFFECT:
None
P.O. No.5949
12/02/08 CWR
ORDINANCE NO.
AN ORDINANCE GRANTING AN EXCAVATION PERMIT
ISSUED PURSUANT TO ARTICLE VII (EXCAVATIONS) OF
THE CODE OF ORDINANCES OF THE CITY OF PORT
ARTHUR TO ROYA ESTATES LOCATED SOUTH OF LAKE
ARTHUR DRIVE AND WEST OF PROPOSED 67T" STREET
(AKA PART OF LOT 5, BLOCK 10, RANGE "G"LOTS 7 Sc 8,
Block 10, REGION "H" AND PART OF RESERVE "C" PORT
ARTHUR LAND COMPANY, CITY OF PORT ARTHUR,
JEFFERSON COUNTY, TEXAS. "
WHEREAS, pursuant to Article VII (Section 94-Excavations) of the Code of Ordinances of the
City of Port Arthur, the Planning and Zoning Commission has recommended approval to
issue a permit to Roya Estates developer(s), for excavation of earth material in the City of
Port Arthur, upon certain conditions and assurances for the public health, welfare and safety
and to protect the development of the surrounding area;
WHEREAS, the City Council hereby concurs in the recommendation and' findings of the
Planning and Zoning Commission; now, therefore;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
SECTION 1. That an excavation permit is hereby granted to ROYA ESTATES developers
for the excavation of retention ponds (one -3.8 acres and another 2.8 acres) on the following.
tract of ]and:
A 22.830 ACRE TRACT OF LAND OUT OF AND PART OF
LOT 5, BLOCK.10, RANGE "G" ,LOTS 7 & 8 ,BLOCK 10 RANGE "H" AND PART OF
RESERVE "C" PORT ARTHUR LAND COMPANY CITY OF PORT ARTHUR,
JEFFERSON COUNTY, TEXAS
LOCATED ON THE SOUTHEAST SIDE OF LAKE ARHTUR AND WEST OF
PROPOSED 67T" STREET EXHIBIT "A" '
P.O. No. 5949
12/02/08 CWR
SECTION 2. That this permit is subject to the terms and conditions of Article VII (SECTION
94 "STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES") of the Code of Ordinances of
the City of Port Arthur, and Exhibit "A" attached hereto which is incorporated and made part
hereof by reference.
SECTION 3. This permit shall be for a time period of five (5) years with approved annual
inspections and as residential development progress. Excavation operations otherwise, shall
constitute a violation of the City Ordinances.
SECTION 4.-That ROYA ESTATES developer (s) shall signify acceptance of the Permit by
subscription. of a certified copy thereof.
READ, ADOPTED AND APPROVED this day of December, A.D., 2008 at a Regular
Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES:
i
MAYOR
COUNCILMEMBERS
NOES:
ATTEST:
CITY SECRETARY
MAYOR
P.O. No. 5949
12/02/08 CWR
APPROVED AS TO FORM:
i
CITY ATTORNEY %~
! G 2~t /aG'~,c`~c'/ ~~
APPROVED FOR ADMINISTRATION:
CITY MANAGER
DIRECTOR OF PLANNING
EXHIBIT "A"
(Proposed Ponds in
ROYA ESTATES)
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ROYA ESTATES
22.f330 ACRES OF LAND
PART OF LOT 5, BLK. 10, RG. "G"
LOTS 7 a 8, BLK. 10. RG. "H"
AND PdRT OF RESER4E "C", P.A-L.CO. SUD'D
CITY OF PORT ARTHUR
JEFFERSON COUNTY. TEXAS
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