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Home My WebLink About20-157RESOLUTION NO. 2�-i s % A RESOLUTION OF THE CITY OF DENTON OPPOSING THE APPLICATION FOR AN AIlZ QUALITY STANDARD PERMIT, REGISTRATION 150931, WHICH WOULD AUTHORIZE THE CONSTRUCTION OF A PERMANENT CONCRETE CRUSHER BY MUTUAL FIRST, LLC AT 5120 EAST IJNIVERSITY DRIVE, DENTON, DENTON COUNTY, TEXAS, DIRECTING SAID OPPOSITION BE DELIVERED TO THE TEXAS COMIVIISSION ON ENVIRONMENTAL QUALITY (TCEQ), AND REQUESTING DElVIAL OF THE APPLICATION; AND PROVIDING AN EFFECTIVE DATE. WI�REAS, the City of Denton is committed to ensuring a healthy environment and quality of life for all its residents� and WHEREAS, The Texas Commission on Environmental Quality (TCEQ) has the primary auth��-it� and duty to protect public health in the State of Texas; and WHEREAS, the TCEQ has received an application from Mutual First, LLC for an Air Quality Standard Permit, Registration Number 159031, which would authorize construction of a permanent concrete crushing facility, associated apparatus, and concrete stockpiling areas at a property near 5120 E. University Drive, Denton, Texas; and WHEREAS, a public notice was issued on December 25, 2019, for interested parties to provide input and comment on the application to the Texas Commission on Environmental Quality (TCEQ) for Air Quality Standard Permit, Registration 159031; and WHEREAS, the City of Denton has determined, through its Comprehensive Plan, suitable locations for industrial activities, such as concrete crushing activities, where such activities are compatible with and pose a minimal impact to surrounding properties and uses; and WI�REAS, the location of the proposed concrete crushing facility is not a suitable site because of its close proximity to Lewisville Lake, a major drinking water supply for millions of North Texans including citizens of the City of Denton, and its proximity to occupied residential homes; and WHEREAS, the proposed site is located in close proximity to a Crreenbelt Corridor created and supported by the City of Denton in conjunction with the City of Dallas, United States Army Corps of Engineers, and Texas Parks & Wildlife ta preserve and protect ecologically important and unique upland and riparian habitat areas such as the Elm Fork River and its associated floodplain; and WHEREAS, concrete crushing is known to produce silica dust and particulate matter that can pose serious health problems for people exposed to the dust; and WHEREAS, if the application is granted, traffic from large trucks is expected to increase, resulting in noise, congestion, and possible danger to the traveling public due to the site's its proximity to US HWY 380 and in residentially zoned areas of the City; and WHEREAS, officers of Mutual First, LLC, in their operation of a separate business entity, CCR Equity Holdings and its subsidiary, Blue Star Recycling, have a history of non- compliance with TCEQ regulations, including the intervention of a district court to compel regulatory compliance; and WHEREAS, access to the proposed facility can only be provided through a residentially-zoned property within the corporate limits of the City of Denton, which is inconsistent with the City's Zoning Ordinance and may require approval of a change of zoning from the City of Denton; and WHEREAS, the proposed facility would violate the 440-yard distance requirement for homes, places of worship, and schools, or the 200-foot property setback requirement; and WHEREAS, the City of Denton asserts that that no less than two residences within the 440-yard distance requirements, that were listed as °`VacanY' by the applicant are occupied; and WHEREAS, the City of Denton is joining the Denton County Commissioners Court and our citizens to express similar concerns regarding the impact of the proposed facility on surrounding residents and environmentally sensitive axeas; NOW, THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton adopts and incorporates the above referenced findings in this resolution. SECTION 2 The City Council of the City of Denton expresses opposition to the application by Mutual First, LLC for Texas Commission on Environmental Quality Air Quality Standard Permit, Registration 159031. SECTION 3. The City Council of the City of Denton and directs such opposition be delivered and registered with the TCEQ and requests that the application be denied. SECTION 4. This resolution shall become effective immediately upon its passage and approval. The motion to approve this resolution was made by ��[,GL L. T� �� and seconded by �� `(... �� :� . The resolution was passed and approved by the following vote [ � - � ]: Aye Nay Abstain Absent Mayor Chris Watts: ✓ Gerard Hudspeth, District 1: � Keely G. Briggs, District 2: '�'`� G Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5 Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the �'"��"�"r��y of ATTEST: ROSA RIOS, CITY SECRETARY BY: � _°°� � �--�r� • APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY W�� BY: ��v� �...,� �, �'' �� . :.m 9- �-...�.��.�......��.r.......�.��..��......... ry��020. % � ��"""'''° �� .�' � WATTS, _MAYOR ...................� ara'�� a� �°��f�l�«"��o� � �" �� n � �; � �� '�°'�� a� � dn w ��° °j �°�, � � w,n � �,� � ,r;� �� 1 � �,�� , � ,� � � � " vi!� �;u � �,�� '- �.<; w;I � P �� , ��;" � � �� Fu mG "w�„ °�� w a r ,� P°I( MYay,.'I�' �a �� iu „ E .,uf r� k