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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 E X n 1 4 2? `A• r' '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. 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