2008-282sAour documents\ordinances\08\s08-0005.doc
ORDINANCE NO. 2Of
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APRROVING A SPECIFIC USE
PERMIT TO ALLOW HEAVY MANUFACTURING USE ON APPROXIMATELY 9.11 ACRES
OF LAND, CURRENTLY ZONED INDUSTRIAL CENTER GENERAL (IC-G), LOCATED ON
TREATMENT PLANT ROAD EAST OF MAYHILL ROAD WITHIN THE CITY OF DENTON
SOLID WASTE FACILITY AND LEGALLY DESCRIBED AS PART OF G. WALKER SURVEY,
ABSTRACT NO. 1330 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF 52,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE. (508-0005)
WHEREAS, Tetra Point Fuels, Inc., has applied for a Specific Use Permit to allow Heavy
Manufacturing Use on a property currently zoned Industrial Center General (IC-G), on
approximately 9.11 acres of land described in Exhibit "A", attached hereto and made a part hereof by
reference (the "Property"); and
WHEREAS, on October 8, 2008, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommended approval of the requested Specific Use Permit; and
WHEREAS, the City Council finds that the change is consistent with the Denton Plan and the
Development Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and prove to be true.
SECTION 2. A Specific Use Permit to allow a Heavy Manufacturing Use on the Property
currently zoned Industrial Center General is hereby approved, subject to the following conditions.,
1. The Specific Use Permit shall expire when the applicant (Tetra Point Fuels, Inc.) ceases
operation of this ethanol production facility for more than three consecutive months.
Cessation of operation shall be defined as the permanent closure of offices and suspension of
truck deliveries associated with operation of this facility.
2. Adequate screening in the form of a 15 foot landscape buffer or a berm shall be constructed
along the western property boundary of Treatment Plant Road.
3. This Specific Use Permit shall expire with approval of a master plan site plan for the entire
solid waste site. The solid waste master plan shall contain conditions for the development or
continued operation of this Special Use Permit.
4. Any modification to site design or re-orientation of structures that impact the conditions of
this Specific Use Permit shall be deemed a major modification, and shall require approval by
City Council.
5. The hours of operation for truck delivery shall be restricted to 7 00 a.m. to 6:00 p.m. Monday
through Friday and 11:00 a.m. to 5:00 p.m. on Saturdays and Sundays.
Oour documents\ordinances\08\s08-0005.doc
SECTION 3. The Specific Use Permit Site Plan attached hereto and incorporated herein as
Exhibit "B", is hereby approved for the Property.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person violating any provision of this ordinance shall, upon conviction,
be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of k~l' 2008.
BURRWQRS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
P.4 le?
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
s:\our documents\ordinances\08\s08-0005.doc
Exhibit A
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'BeiWall thit•"rtain "lot , tract or parcel of land situated in the
GIDEON WALKER 6URVEY, ABSTRACT NUMBER 1330 in the City and County
of Denton, Texas, being 811 that certain (called) 29.6159 acre
tract-of land described in Deed of Trust from A. Ben Pannell,
Junior, Trustee, to First State Dank of Denton, recorded in VOLUME
1902, PACE 307, Real Property Records of Denton County, Texast and
being iaore particularly described an followas
BEGINNING at a nail and shiner found for corner in the Hest line of
said survey and in Mayhill Road, a publid roadway, and in the South
line of Treatment Plant Road, a Public Roadway having a Right-of-
Way of 50.0 feet, said point being the Northwest corner of said
29.6159 acre Pinnell Tracts
THENCE South 88' 49' Ea at, pass at 34.57 feet a fence corner for
cast line of said Mayhill Road, continuing a total distance with
said South line of said Treatment Plant Road along or near a fence
iine, 1108.41 feet to an iron rod found for corner, said point
being the Northeast corner of said Pinnell Tracts
THENCE. South 00' 03' 19• teat, 706.16 feet with a fence line to an
iron rod found for corners
THENCE South 01' 53' 43' rest, pans at 1020.90 feet an iron rod
found for corner line of Posters Road, a public roadway, a total
distance of 1050.01 feet to a point for corner in said road qnd in
a Corporate City Limit Line for the City of Dentons
THENCE North BS' 02' 02' West, 482.76 feet with said Posters Road
and with said City Limit Line to a point for corners
THENCE North 02' 14' 14' East, peas at 27.01 feet an iron rod found
for said North line of said' Fosters Road, a total distance of
625.40 feet to a fence corner for corners
THENCE North 87' 46' 10' meet, 77.08 feet with a fence to a fence
corner for cornert
THENCE North 02' 33' 33' East, 421.87 feet with a fencp'corner to e
fence corner for corners
THENCE North 87' 49' 23' Nest, pass at 629.81 feet, a fence corner
post for East line of said Mayhill Road,-a total dastnaee of 663.it
feet to a poant for corner in said Nayhill Road and in said west
line of said surveys
T11ENCE North 02' 42' 500 East, 701.23 feet with said west line of
said survey and with said Mayhall Road to the PLACE Or AECINNING
and CONTAINING 29.612 acres of land, nore or less.
PAGE 3
sAour documents\ordinances\08\s08-0005.doc
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