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HomeMy WebLinkAboutPO 6040: SUP FOR RECYCLING FACILITY - MIN TRANSCONTINENTAL INCP.O. N0.6040 09/27/09 C W R ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY GRANTING A SPECIFIC USE PERMIT FOR MIN TRANSCONTINENTAL, INC. RECYCLING FACILITY TO OPERATE AT 8660 SOUTH 1sT AVENUE BY (JETTY ROAD) AND THE SABINE NECHES SHIP CHANNEL. THE LEGAL DESCRIPTION OF THE PROPERTY IS TRACT 7 AND TRACT 8 OF THE WM KING SURVEY, A-300159, APPROXIMATELY 3.311 ACRES, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS; VIOLATION OF THIS ORDINANCE (OR THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR) IS PUNISHABLE AS PROVIDED IN SECTION 1-13 OF THE CITY ORDINANCES AS AMENDED BY FINE NOT EXCEEDING TWO THOUSAND [$2,000.00] DOLLARS; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER THE PUBLICATION DATE. Z09-07 - (SUP 210) MIN TRANSCONTINENTAL RECYCLING FACILITY ON ABOUT 3.311 ACRES OUT OF THE WM KING SURVEY SABINE PASS, JEFFERSON COUNTY, TEXAS WHEREAS, Article XI of the Charter and the Zoning Ordinance, of the City of Port Arthur, Texas, including the Local Government Code, Sections 211.006 and 211.007, having been fulfilled, the City Council shall hold a public hearing on October 6, 2009 at 9AM; and WHEREAS, the proposed change has not been protested in accordance with subsection (d) of said Section 211.006 and are in compliance with Sections 211.010-211; and WHEREAS, having received and considered the recommendation of the Planning and Zoning Commission that the proposed change be approved, the City Council finds that it would be in the public interest and general welfare of the City to change the Zoning designation of the hereinafter described property; and WHEREAS, pursuant to subsections (d) and (f) of Section 211.006 Local Government Code, Section 24-105 of the City Zoning Ordinance does not apply, in order for the proposed change to take effect, the affirmative vote of at least three-fourths of all members of the City Council (i.e., at least seven [7] members) since the proposed change was not protested in accordance with said subsection (d). P.O. NO. 6040 09/27/09 CWR Page 2 of 3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That the Specific Use Permit -SUP 210 be granted for a metal recycling facility on the following lot: Approximately 3.310 acres in Sabine Pass, at the southwesterly most side of 1St Avenue by the Sabine- Neches Ship Channel on the following tract of land: 8660 S. 1St Avenue, AKA -Tracts 7 and 8 of the W.M. KING Survey, A-300159, Port Arthur, Jefferson County, Texas EXHIBIT "A" P.R. 15459 AKA Resolution 09-405, previously presented to City Council to allow facility in the City Exhibit "B" Ordinance 06-33 explaining the specific conditions for said business Exhibit "C" The district remains as "I" Industrial. SECTION 2. That the Specific Use Permit shall be issued subject to the following mandatory conditions as set in Resolution 09-405, Ordinance 06-33 and all the federal and state requirements for license and operations. SECTION 3. That the Building Official and the Director of Planning are authorized and directed to make all necessary changes to the "Zoning Map, City of Port Arthur, Texas" on file in the offices of the Building Official and the Planning and Zoning Commission, so as to reflect on said Map, the changes hereby made in conformity with the legend of said Map. SECTION 4. 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 holding shall not affect the validity of the remaining portions hereof. SECTION 5. All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 6. Any person, firm or corporation who violates any provision of this Ordinance or the City's Zoning 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 General Provision -Section 1-13 of the Code of Ordinances, and each day such violation shall be permitted to exist shall constitute a separate offense. SECTION 7. This 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. P.O. NO. 6040 09/27/09 CWR Page 3 of 3 READ, ADOPTED AND APPROVED this day of October, A.D., 2009 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR COUNCILMEMBERS NOES: ATTEST: MAYOR CITY SECRETARY AS TO FORM: A APPROVED FOR ADMINISTRATION: CITY MANAGER DIRECTOR OF PLANNING ~~ EXHIBIT "A" ---- ~, ~~,~- r~~ ~, ~, ~, ,~ ,, ,, EXHIBIT `B" interoffice MEMOF:ANDUM To: Mayor, City Council, and City Manager From: Mark T. Sokolow, City Attorney Date: September 4, 2009 Subject: P. R. No. 15459; Council Meeting September 8, 2009 Attached is P. R. No. 15459 as it pertains to the permit application of Min Transcontinental, Inc. for a Metal Recycling Facility. The Planning Department has .indicated that the site is zoned as Industrial. Per Ordinance No. 06-33, Min Transcontinental will also need to obtain a specific use permit which is also listed as a condition of the metal recycling permit. The planning department is placing the specific use permit application on the September 21St agenda of the Planning and Zoning Commission and it will be placed on the City Council agenda for September 22nd with a public hearing thereon. MTS:ts Attachment cc: Director Director Director Chief of Director Min Tran of Public Works of Planning of Utility Operations Police of Community Services scontinental z.pr15459 memo P. R. No. 15459 09/03/09 is RESOLUTION NO. 1 A RESOLUTION AS IT PERTAINS TO THE PERMIT APPLICATION OF MIN TRANSCONTINENTAL, INC., FOR A METAL RECYCLING FACILITY WHEREAS, MIN Transportation, Inc. filed for a permit application for a metal recycling facility on about July 13, 2009 wherein they plan to focus on dismantling of platforms, barges, ships and other non-hazardous heavy metal scrap as delineated in Exhibit "A"; and WHEREAS, it is expected that the primary business of the facility will involve the docking of barges at the facility which will thereafter be dismantled; and WHEREAS, the owners do not expect for the general public to buy or sell scrap at the facility as MIN Transportation has and is seeking major buyers of scrap obtained from the dismantling of barges; and WHEREAS, the comments of Mr. Hass are attached hereto as Exhibit "B"; and WHEREAS, the comments of Major Clark are attached hereto as Exhibit "C"; and WHEREAS, the City Council deems it in the public interest to approve the permit, subject to the conditions as denoted in this Resolution. z.pr15459 NOW THEREFORE, BE IT RESOLVED 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 Min Transcontinental is herein granted a permit or license to operate a metal recycling facility at 8660 S. lst Avenue, Port Arthur, until December 31, 2010, wherein Min Transcontinental will be required to file a renewal application. Section 3. That this permit or license is granted on the following conditions: • Min Transcontinental Inc. shall fully comply in the operation of the facility, with Sections 22-131 to Section 22-165 of the Code of Ordinances. • No operations will be allowed at the facility as to the buying or selling of small items of scrap to members of the public. The operations that will be allowed will be the sale of major portions of scrap from the dismantling of barges or similar structures to major companies. • Until such time that Min Transcontinental builds a fence, it shall only dock and dismantle barges from the facility, with said metal being only temporarily and neatly placed at or adjacent to the dock so that it can be promptly transported. • Min Transcontinental shall build an eight (8) foot screening fence within 90 days. • Min Transcontinental Inc. will not commence operations until it files a storm water management plan that has been approved by a registered engineer. • That prior to the facility being connected to the City's utility system Min Transcontinental shall complete an industrial waste survey and an industrial user applicatian to comply with the City's pretreatment z.pr15459 ordinance, Section 110-212 of the Code of Ordinances. • That if a building or other structure is built at the site, the owner shall comply with the recommendations as delineated in the report of Mr. Hass, attached hereto as Exhibit "B". • That the operations will only be utilized for the zoning applicable to the site and Min Transcontinental will apply for a specific use permit on the site in accordance with Ordinance No. 06-33 which with their application for a specific use permit will be heard by the Planning and Zoning Commission on September 21St with a public hearing to be held on September 22nd with requested action by Council on said date. Section 4. That the effective date of this Resolution shall be September 8, 2009. Section 5. That Min Transcontinental shall sign this Resolution agreeing to the terms of this Resolution. Section 6. That~a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2009, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor Councilmembers NOES: MAYOR z.pr15459 ATTEST: TERRI HANKS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER AGREED TO• MIN TRANSCONTINENTAL INC. BY: DATE: z.pr15459 9 U ~~ 0 U (~ L j 3 r ~: X .~ 0 _ U 1.. J ••.aa~ c t N ~ ~ (, L ~ • :", C' J S^' r t W ~l ~ C .~ ~` ~ tf ~ 'C p ~~ ~i O O ~~ R ~; ~ ~~ ~ ' j' w, ., ~ tt L ~ y ~f _ ~~ ~~ ~ C ~ - ~ ~ « a ~ ~. ~~' w i?,~ ,,d ~ ~~, _- R ~: T r' .. ~ sy~~ r ~ ` : ~ ~r r ~l ~ C ,~ - `~ E Y ~~ ~,, ~ ~ ~ ~:i.R s :~ ~ r i~; - "~ to r, ~~ ~ . y ` °~„~ ~ ~~ + M ~,4 !3 r ,~ ~~ `~~~- ~~~~~~ ~, ~F ~~~ ~~ ~ -~ ~ ~. ,, _t~~. -~.~<:~ U (~ L G ~. .~ ~s ~• • ~: c t ;~~: ~; j , '"" !~! ~s _ ~ r ,s~.' ~; ~~ ~~ .a r ~ A ~i~+ ~E a~ U cC r M M EXHIBIT "C" ~FFEC7IVE ~~~~E .. ~~ P.O. N0.5616 OS/31/06 DLW /~ amended ORDINANCE NO. C/~0 `~~ AN ORDINANCE AMENDING APPENDIX A OF THE CODE OF ORDINANCES, ZONING ORDINANCE OF THE CITY OF PORT ARTHUR, TO PROVIDE THAT THE "OPEN SALVAGE YARD, RAGS, IRON, VEHICLES OR MACHINERY" TYPE USE SHALL ONLY BE PERMITTED IN THE INDUSTRIAL; "I" DISTRICT BY SPECIFIC USE PERMIT (VIOLATION OF THIS ORDINANCE OR THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR IS PUNISHABLE AS PROVIDED IN SECTION I-13 OF THE CODE OF ORDINANCES AS AMENDED BY FINE NOT EXCEEDING TWO THOUSAND [$2,000.00] DOLLARS); AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE. WHEREAS, alI the requirements of Article XI of the Charter and the Zoning Ordinance, of the City of Port Arthur, Texas, including the Local Government Code, Sections 211.006 and 211.007, having been fulfilled, the City Council held a public hearing May 23, 2006 at 9:00 A.M.; and, WHEREAS, having received and considered the recommendation of the Planning and Zoning Commission that the proposed change be approved, the City Council finds that it would be in the public interest and general welfare of the City to amend Appendix "A" as to require a specific use pen~riit for the "Open Salvage Yard" use; and, WHEREAS, pursuant to subsections (d) and (f) of Section 211.006 Local Government Code, Section 24105 of the City Zoning Ordinance requires, in order for the proposed change to take effect, the affirmative vote of at least three-fourths of alI members of the City Council (i.e., at least seven [7] members) if the City's Planning and Zoning Commission recommends that the proposed change to a regulation be denied; now, therefore, P.O. N0.5b16 05/26/06 Page 2 of 3 BE iT ORDAIIVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That the Schedule of Uses in Section 7 (Uses of Land And Buildings) be amended to indicate that the "Open Salvage Yard, Rags, Iron, Vehicles or Machinery" is permitted in the Industrial; "I" District by Specific Use Permit. SECTION 2. 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 holding shall not affect the validity of the remaining portions hereof. SECTION 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. SECTION 4. Any person, firm or corporation who violates any provision of this Ordinance or the City's Zoning 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 1-13 of the Code of Ordinances, and each day such violation shall be permitted to exist shall constitute a separate offense. SECTION 5. This 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. SECTION b. Because Section 24-105 of the Zoning Ordinance does not apply, seven (7) votes aze not required to adopt this Ordinance. READ, ADOPTED AND APPROVED this ~0 day of 3une, A.D., 2006 at a Regulaz Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR C~ P.O. N0.5blb 45/26106 Page 3 of 3 ~` COUNCILMEMBERS ~ / / .~t-F ' ~ ..._,._, NOES: ATTEST: ~~~ /~ CITY SECRETARY ~~SSis~~f~ APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: C GER D CTOR OF PLANNING r MAYOR