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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"
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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
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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