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MEMORANDUM
To: Mayor, City Council, and City Manager
From: Floyd Batiste, CEO
Date: November 23, 2009
Subject: P. R. No. 15646; Council Meeting of December 1, 2009
Attached is P. R. No. 15646 approving a Waiver of the Conditions of
Fencing visible from the street shall be decorative iron or as approved by
the PAEDC Board in the Covenants and Restrictions fort the Port Arthur
Business Park for the 5.0 acre tract of land in the Business Park purchased
by Port Arthur Partners, LLC.
P.R. No. 15646
l 1 /20/09
RESOLUrI'IOV NO.
A RESOLUTION APPROVING A WAIVER OF THE SITE
DEVELOPMENT RESTRICTIONS IN THE COVENANTS AND
RESTRICTIONS OF THF. PORT .ARTHUR BUSINESS PARK AS
TO FENCING VISIBLE FROM THE STREET; AUTHORIZING
USE OF VINYL-COATED CHAII~f LINK FENCING IN LIEU OF
DECORATIVE IRON FENCING ALONG 270 FEET OF
FRONTAGE IN THF. 5.0 ACRE TRACT OF LAND IN THE
BUSINESS PARK PURCHASED BY PORT ARTHUR PARTNERS,
LL,C
WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation
(the "PAEDC") has sold approximately 5.0 acres of land in the PAEDC Business Park (the
'Business Parr") to Port Arthur Partners, LLC which property address is 930 S. Business Park
Dr. in the Business Park (the "Property"); and
WHEREAS, Port Arthur Partners, LLC hias built a 10,000 sq. ft building on the west side
of the Property and construction of that building allows for future' expansion. Fencing of the
Property in the expansion area is a 6' vinyl-coated chain link fence. The front of the building
from the point of the concrete driveway to the~~ west property line is fenced and gated using
decorative iron. The remaining 270 feet of frontage is fenced with black vinyl coated fencing;
alld
WHEREAS, Port Arthur Partners, LLC by letter dated November 3, 2009, requested a
variance from Business Park site development restrictions for the 270' of frontage fence with
black vinyl coating; and
WHEREAS, the PAEDC Board of Directors at their regular meeting on the November
16, 2009 approved the requested waiver from Port Arthur Partners LLC of the site development
restrictions for 36 months; and
WHEREAS, Port Arthur Partners LLC must satisfy the Covenants and Restrictions for
the Business Parl< by November 16, 2012 and modify the fencing;
WHEREAS, PAEDC deems it in the best interest of the Business Park to provide the
waiver as requested.
NOW' THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS:
Section I. That the facts and opinions in the preamble are true and correct.
Section 2. That, the City Council and City of Port Arthur in concurrence with the action
of the Board of Directors of the PAEDC, approves the waiver for the 270' of frontage fencing
with black vinyl coating and that Port Arthur PPartners LLC must meet the site development
restrictions of the Covenants and Restrictions for the Port Arthur Business Park for fencing
visible (i~om the street to be decorative iron or as approved by the PAEDC Board on or before
November 16, 2012.
Section 3. 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 Colmcil of the City of Port Arthur, Texas, by the following vote:
AYES:
Mayor
Councilmembers
-, i ~~.o ~>~~~e
NOES:
DELORIS "BOBBIE" PRINCE, MAYOR
A"I"TESfh:
TERRI HAM{S, CITY SECRETARY
APPROVED:
FLOYD BATISTE, PAEDC CEO
APPR~SV~:D AS-~O FORM:
G
N. GOODSON, PAEDC ATTORNEY
APPROVED AS TO FORM:
VALECIA R. TI NO, AC G CITY ATTOR~.NEY
PORT ARTHUR PARTNERS, LLC
November 3, 2009
Mr. Floyd Batiste
Chief Executive officer
Port Arthur Economic Development Corp.
4173 39~' Street
Port Arthur, Texas 77642
Re: Fencing Variance at 930 S. Business Park Dr.
Dear Mr. Batiste:
We are officially open for business in Port Arthur and aze currently working to complete
the final touches on our property at 930 S. Business Pazk Dr. This has been a long
process and we sincerely appreciate all the help provided by you and others at the
PAEDC.
One lingering issue that we have relates to fencing on a portion of our property that faces
S. Business Park Dr. The Covenants and Restrictions for the Port Arthur Business Pazk
(dated 11/30/2205) (the "Covenants") generally provide that fencing visible from the
street shall be decorative iron or as approved by the PAEDC (no wood fences permitted).
The Covenants further provide that the PAEDC may in its sole discretion grant variances
and such variances must be requested in writing. In this regard, I would like to formally
request a variance of the fencing requirements to allow us to insta11270' of 6' black vinyl
coated fencing to the East of our building and facing North towards S. Business Pazk Dr.
By way of explanation, we purchased a 5 acre parcel of land from the PAEDC. As part
of the site development, we built a 10,000 sq. ft. building on the West side of the property
(see attached, Exhibit 1). Constructing our building in this manner allows for future
expansion. For purposes of fencing the property, the reaz was fenced with 6' chain link
fencing. The front of our building from the point of the concrete driveway to the West
property line was fenced and gated using decorative iron. The remaining 270' of
frontage was then fenced with black vinyl coated fencing. The primary reason for
installing this type of fencing was for security purposes, as well as the fact it was an
attractive alternative to decorative iron.
As a result of my own ignorance, I did not appreciate that we must make a variance
request to the PAEDC in writing before installing this black vinyl coated fencing. I
Port Arthur Economic Development Corp.
Page ~ 2
personally apologize to both you and the Board for any issues or complications that I may
have caused.
Please feel free to contact me at 713.558.661 U if you need any additional information, or
if there is anything else I can do to help resolve this matter.
Very truly yours,
Port Arthur Partners, LLC
Rhett E. Jackso
Manager
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