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Home My WebLink AboutPR 23091: EXCAVATION PERMIT FOR ENTERGY TEXAS, INC. City of =_ 1`; _J I nrt rtlrur Texas www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF PLANNING AND ZONING INTEROFFICE MEMORANDUM Date: April 17, 2023 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, City Manager From: Pamela D. Langford, Assistant City Manager— Operations/Director of Development Services RE: P.R. NO. 23091 — Excavation Permit for Entergy Texas, Inc. Introduction: This agenda item intends to seek the City Council's approval of P.R. NO. 23091, authorizing an excavation permit for approximately 20.22 acres of land out of a 161.34- acre tract of land being situated on Tract No. 033 of the W.M. Davis Survey, Abstract No. 7, Port Arthur, Jefferson County, Texas. The issuance of the permit will grant the requestor (Entergy Texas, Inc.) approval to operate a commercial dirt pit at said location. Background: In accordance with Chapter 94, Article VII, Section 94-451(Required) of the Code of Ordinances of the City of Port Arthur, no person shall dig, excavate, remove, or cause to be dug, excavated, or removed, any dirt, clay, rock or other material below the surface of the ground without having first obtained an excavation permit in accordance with the provisions of this article. All excavations for which a permit is required shall be subject to an annual inspection to ensure compliance with the requirements of this article. This inspection shall be conducted by the director of public works or his/her designee. A written inspection report evaluating compliance with this article shall be filed with the city secretary. Any excavations in violation of this article are declared to be public nuisances. i "Remember,we are here to serve the Citizens of Port Arthur" 4 P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 The permit shall be for a time period of six (6) months, expiring on October 25, 2023. On April 17, 2023, the Planning and Zoning Commission held a public hearing to discuss the request for excavation. There were two (2) members of the public that attended to voice their concerns regarding the request. Their concerns were regarding the following: • Heavy Trucks traveling through the residential neighborhood. • Noise associated with construction work being performed onsite. • Dust and other environmental concerns affect the residential neighborhood. Based on these claims, the Planning and Zoning Commission in a vote of 4:0 recommended that the permit be denied. Planning Staff immediately contacted the construction representative for Entergy Texas, Inc. to inform them of the Planning Commission's recommendation based on the above-referenced claims, and the following explanation was provided. Entergy Texas, Inc. is currently performing construction within the power plant that consists of replacing overhead transition lines at the existing plant. The trucks that are passing through the residential neighborhood are not associated with the excavation project and do not belong to the contractors hired for this job. The construction team working on the excavation project operates at the following hours, therefore, not contributing to any early morning or late afternoon construction activity that would provide noise mitigation issues to the residential community. Monday—Thursday 8:00 a.m. to 5:00 p.m. Friday 8:00 a.m. to 3:00 p.m. Regarding dust particles, etc. spreading to the residential neighborhood, the Construction Team is willing to walk the site and provide resources to help reduce the spread of such materials entering into the residential neighborhood. Planning Staff is currently working with both parties to assist in finding a reasonable resolution to citizen concerns. Budget Impact: In accordance with Section 94-453 (Application; fee) of this Article, each application shall be accompanied by a nonrefundable permit fee of $250.00, which was deposited to Escrow Account No. CFILE (Misc. Fees). Recommendation: It is recommended that City Council approve P.R. NO. 23091, authorizing an excavation permit for approximately 20.22 acres of land out of a 161.34-acre tract of land being "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 situated on Tract No. 033 of the W.M. Davis Survey, Abstract No. 7, Port Arthur, Jefferson County, Texas. • "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.23091 04/17/2023 PDL PAGE 1 OF 6 RESOLUTION NO. A RESOLUTION AUTHORIZING AN EXCAVATION PERMIT TO BE ISSUED PURSUANT TO CHAPTER 94, ARTICLE VII (EXCAVATIONS) OF THE CODE OF ORDINANCES, FOR APPROXIMATELY 20.22-ACRES OF LAND OUT OF A 161.34- ACRE TRACT OF LAND BEING SITUATED ON TRACT NO. 033 OF THE W.M. DAVIS SURVEY, ABSTRACT NO. 7, PORT ARTHUR, JEFFERSON COUNTY, TEXAS E23-01 — ENTERGY TEXAS, INC. WHEREAS, Entergy Texas, Inc. has requested an excavation permit for approximately 20.22 acres of land out of a 161.34-acre tract of land being situated on Tract No. 033 of the W.M. Davis Survey, Abstract No. 7, Port Arthur, Jefferson County, Texas; and, WHEREAS, in accordance with Chapter 94, Article VII, Section 94-452 of the City of Port Arthur Code of Ordinances, an excavation permit may be granted for a retention pond or commercial excavation; and, WHEREAS, in accordance with Chapter 94, Article VII, Section 94-427 of the City of Port Arthur Code of Ordinances, upon receiving the recommendation of the Planning and Zoning Commission, the City Council shall approve or disapprove the issuance of an excavation permit, and such decision of the City Council shall be final; and, WHEREAS, the City's Planning and Zoning Commission after review recommends to the City Council that the permit be denied, and finds that the proposed excavation is not consistent with the public health, safety, and welfare; and, WHEREAS, the requirements of Chapter 94, Article VII have been met; and in addition, the excavation provides for future use of the property in harmony with development planned for the surrounding areas as reflected in the zoning ordinance, subdivision plans, comprehensive plan for the city, deed restrictions and existing usage; and, P.R.NO.23091 04/17/2023 PDL PAGE 2 OF 6 WHEREAS, In accordance with Chapter 94, Section 94-426(b) of the Code of Ordinances, the recommendation of the planning and zoning commission shall not be required to assign a permit. Nevertheless, the assignment shall still require approval by the city council by a duly adopted resolution, 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, an excavation permit is hereby granted to Entergy Texas, Inc. for the excavation of earth material on the following tract of land: 20.22-ACRE TRACT OF LAND OUT OF A 161.34-ACRE TRACT OF LAND BEING SITUATED ON THE TRACT NO. 33 OF THE W.M. DAVIS SURVEY, ABSTRACT NO. 7 PORT ARTHUR, JEFFERSON COUNTY, TEXAS LOCATED AT 1000 POWERHOUSE ROAD, ORANGE, TX EXHIBIT "A" THAT, the excavation permit shall be issued in accordance with Chapter 94, Article VII of the City of Port Arthur Code of Ordinances, and Exhibit "A" attached hereto and which are incorporated and made a part hereof by reference. THAT, the permit's term is for six (6) months, providing an expiration date of October 25, 2023, with annual renewals subject to the recommendation of the Director of Public Works and Director of Planning and approval of the City Council. Excavation operations thereafter shall constitute a violation of City Ordinances. THAT, Entergy Texas, Inc. shall signify acceptance of the Permit by subscription of a certified copy thereof. THAT, a copy of the caption of this Resolution be spread upon the minutes of the City Council. P.R.NO.23091 04/17/2023 PDL PAGE 3 OF 6 READ, ADOPTED, AND APPROVED this the day of April, A.D., 2023 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: Mayor: Councilmembers: Noes: Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: 77 Varecia "Val" Tiz b;City t ney APPROVED FOR ADMINISTRATION: (-Ro71d) Ron" Burt° ityy er Gam..-e. �- LIf Pamela D. Langford, Assistant`City Ma ager- Operations/ Director of Development Services P.R.NO.23091 04/17/2023 PDL PAGE 4 OF 6 ACCEPTED: Print Name Signature Entergy Texas, Inc. P.R.NO.23091 04/17/2023 PDL PAGE 5 OF 6 EXHIBIT "A" 10.110.110....W. I r 3 I c/ f •*li! . " (3) 1 i - -I 1II I i Pi 1 I li % ;e Ig 1 Is ••1 I 1— § l'' .. I I! 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