HomeMy WebLinkAboutPO 6071: EXCAVATION PERMIT - KIRK THOMASP.O. N0.6071
04/01/10 CWR
ORDINANCE NO.
AN ORDINANCE GRANTING AN EXCAVATION PERMIT
ISSUED PURSUANT TO SECTION 94-452 (5) OF ARTICLE VII
(EXCAVATIONS) OF THE CODE OF ORDINANCES OF THE
CITY OF PORT ARTHUR TO KIRK THOMAS LOCATED ON
THE EAST SIDE OF WEST PORT ARTHUR ROAD, NORTH OF
HIGHWAY 365.
WHEREAS, pursuant to Article VII (Excavations) of the Code of Ordinances of the
City of Port Arthur, the Planning and Zoning Commission has recommended approval of
issuin€; a permit to Kirk Thomas 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; and,
WHEREAS, the City Council hereby concurs in the recommendation and findings of
the Planning and Zoning Commission; now, thE~refore;
BE IT ORDAINED BY THE CITY COUN(:IL OF THE CITY OF PORT ARTHUR:
SECTION 1. That an excavation permit is hereby granted to Kirk Thomas for the
excavation of earth material on the following tract of land:
A 20 ACRE TRACT OF LAND IJUT OF A 500 ACRE TRACT
SPLIT BY WEST PORT ARTHUR ROAD DESCRIBED AS PORTIONS OF THE
C. DOORNBOS LAND RECORDED IN VOLUME 399, PAGE 598,
LOTS 1-6 BY RANGE N-15, AS WELL AS LAND OUT OF
T&N.O. RR SURVEY, SECTION 9, A-242, AS WELL AS
SECTION '7, A-239
IN ADDITION, PORTIONS FROM THE WILLIAM MCFADDIN SURVEY,
SECTION ~6, A-416
AREA BORDERED BY THE CANAL'S PATH
EXHIBIT "A"
P.O. IVO„ 6072
04/01/10 CWR
SECTION 2. That this permit is subject to the terms and conditions of Article VII of
the Code of Ordinances of the City of Port Arthur as delineated in Ordinance No. 08-46 and
included as follows:
a. Commercial excavation shall be completed within eighteen (18)
months, with a possible extension of six (6) months upon the
approval of the Director of Planning.
b. No more than 70% of the earth material maybe sold
commercially. Remaining material shall remain onsite.
c. No more than 10% of the available land to be used for farm or
ranch purposes maybe excavated.
d. A residence must be constructed on the property prior to the end
of the excavation period.
e. Fencing requirements under Section 18-547 (a) may be waived
upon review and recommendation by the Planning and Zoning
Commission and approval of the City Council, provided the farm or
ranch is fenced.
SECTION 3. That this permit shall be for a time period of eighteen (18) months,
Unless extended by the Director of Planning for an additional six (6) months. Any
excavation operations thereafter shall constitute a violation of City Ordinances.
SECTION 4. That Kirk Thomas shall signify acceptance of the Permit by
subscription to this resolutions.
READ AND ADOPTED AND APPROVED this day of April, A.D., 2010 at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes:
AYE'S: MAYOR
P.O. INO„ 6071
04/01/10 CWR
COt1NCILMEMBERS
NOI?S:
ATT'ES~T:
City Secretary
APPROVED AS TO FORM:
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City Attorney ,
APPROVED FOR ADMINISTRATION:
City Manager
Director of Planning
ACC',EP'TED:
Mayor
Kirk: Thomas
EXHIBIT "A"
PROPERTY ADDRESS THE 6900 BLOCK OF UPWARDS OF N WEST PORT
ARTHUR ROAD
(NORTH OF HIGHWAY 365 AND SOUTH OF VITERBO ROAD)
(E10-01 REFERENCE E08-01)
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A windshield view of the house The it to be excavated
The site showing house in relation to proposed pond on the farm-west of Highway 93 (Port Arthur
Road) As well as land still recovering from the ravishing effects of IKE in 2008
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