ORDINANCE NO

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1 ORDINANCE NO AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE ORDINANCE NO OF THE CITY OF CORINTH, TEXAS, BY APPROVING A SPECIFIC USE PERMIT TO OPERATE A TEMPORARY CONCRETE BATCH PLANT ON PROPERTY DESCRIBED AS ACRES BEING TRACTS 12 AND 13 IN THE H GARRISON SURVEY, COUNTY ABSTRACT 507 IN THE CITY OF CORINTH, DENTON COUNTY, TEXAS; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING CONDITIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Corinth is a home rule municipality located in Denton County, created in accordance with the provisions of Chapter 6 of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the City Council of the City of Corinth heretofore adopted the Unified Development Code, Ordinance No , which regulates and restricts the location and use of buildings, structures and land for trade, industry, residence and other purposes, and provides for the establishment of zoning districts of such number, shape and area as may be best suited to carry out these regulations; and WHEREAS, Section of the Code authorizes the operation of a temporary concrete batching plant in a Mixed Commercial zoning district with a Specific Use Permit; and WHEREAS, a person or corporation having a proprietary interest in the property zoned Mixed Use Commercial has filed an application for a Specific Use Permit for a temporary concrete batching plant; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of Corinth, Texas, held the requisite public hearings with respect to the Specific Use Permit described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, and all other laws dealing with notice, publication and procedural requirements for the approval of a Specific Use Permit on the property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORINTH, TEXAS, THAT: SECTION 1 METES AND BOUNDS LEGAL DESCRIPTION The Unified Development Code of the City of Corinth, Ordinance No , as amended, is hereby amended to permit a specific use permit for a temporary batch plat for construction of improvements to 1-35 (Phase 1), on acres being tracts 12 and 13 in the H.

2 Ordinance # SUP Temporary Batch Plant AGL Constructors Page 2 Garrison Survey, County Abstract 507 in the City of Corinth, Denton County, Texas as described in the metes and bounds description set forth in "Exhibit A" attached and incorporated by reference herein. SECTION II SITE PLAN The Site Plan documents approved and described as "Exhibit B" attached hereto and made a part hereof for all purposes shall be adhered to in their entirety for the purposes of existing and proposed development and operation of the property. SECTION III LAND USE REGULATIONS In addition to the regulations contained in Section and (a)(7), approved in Ordinance No , which are incorporated by reference herein, the following Specific Requirements shall be adhered to in its entirety for the purposes of this Specific Use Permit: 1. A minimum 40 foot setback from IH 35E right-of-way. 2. A minimum 20 foot side yard setback for the side yards. Other setbacks shall be as set forth in Section (a)(7) of the Unified Development Code. 3. No structures, materials and equipment are permitted to be placed, stored, or erected in the floodplain. 4. The permit shall commence in November 2013 and shall expire November 30, 2016, unless the construction contract is not completed and the permit holder requests an extension. 5. The City Manager or the Manager's designated representative may approve two extensions of the permit with each extension not to exceed six months. 6. The property shall not be used for concrete batch plant operations after the expiration of this permit. 7. The property shall not be used for offices, storage or staging after the expiration of this permit. 8. A maximum 65 foot height is allowed for the batch plant. 9. Construction must be initiated within six months or any and all construction will be deemed void. 10. The City Manager is authorized to modify this Site Plan by approving a different batch plant if deemed necessary by the City Manager. 11. Any and all directional lighting is required to be focused within the work perimeter. 12. The permit holder must establish a tree protection plan as part of the applicant's erosion control efforts.

3 Ordinance # SUP Temporary Batch Plant AGL Constructors Page 3 SECTION IV PENALTY FOR VIOLATIONS Any person, firm, or corporation violating any of the provisions of this ordinance shall upon conviction be fined a sum not to exceed two thousand dollars ($2,000.00); and each and every day that these provisions are violated shall constitute a separate and distinct offense. SECTION V - ASSIGNABILITY CLAUSE This permit or any of the rights or obligations hereunder shall not be assigned or transferred in whole or in part by the permit holder. SECTION VI SEVERABILITY CLAUSE If any section, paragraph, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION VII PROVIDING AN EFFECTIVE DATE This ordinance shall become effective after approval and publication as provided by law. PASSED AND APPROVED THIS 7th DAY OF NOVEMBER, '''''' O F "PRZOVED:,-,06) ATTEST: t.h/1\0 t41,, Kimberly Perko, city Secretary * u Mayo... tex AS APPROVED AS TO FORM: 140 Debra A Drayovitch, C Attorney

4 Ordinance # SUP Temporary Batch Plant AGL Constructors Page 4 EXHIBIT A - METES AND BOUNDS LEGAL DESCRIPTION

5 ORDINANCE NO sta. BATCH PLANT EXHIBIT A - METES AND BOUNDS LEGAL DESCRIPTION BEING all that certain lot, tract, or parcel of land situated in the H. Garrison ' Survey Abstract Number 507 in the City of Corinth, Denton County, Texas, being all that certain tract of land conveyed by.deed from Aaron Don Calhoun to Tammy Renee Calhoun recorded in Volume 5236, Page 3115, Real Property Records, Denton. County, Texas, and being more particularly described as follows: BEGINNING at an iron rod set for corner in the Northeast line of Interstate Highway Number 35, a public roadway, said point being the most Southerly Southwest corner of that certain tract of land conveyed by deed from James R. Hoffpauer and wife, L. Marie Hoffpauer to M. D. Masud Reza recorded in Volume 4753, Page 1510, Real Property Records, Denton County, Texas; THENCE N89 degrees 14 minutes 49 seconds E, feet with the South line of said Reza tract to a fence corner for corner, said point being the Southeast corner. of said Reza tract; THENCE N 01 degrees 04 minutes 42 seconds W, feet with the East line of said Reza tract and with the East line of that certain tract of land conveyed by deed from Juanita May Chambers to M. D. Masud Reza et al recorded under Clerk's File Number 94-R , Real Property Records, Denton County, Texas to a bolt found for corner in the South line of that certain tract of land conveyed by deed from Shirley Ann Enlow and husband, Julius B. Enlow to Mini Properties, L.P. recorded in Volume 5245, Page 2948, Real. Property Records, Denton. County, Texas; THENCE, S 89 degrees 49 minutes 53 seconds E, feet with said South line of said Mini Properties tract to an iron rod found for corner in the Southwest line of "Rails-to-Trails Corridor", an abandoned railroad right-of-way; THENCE, S 63 degrees 34 minutes 38 seconds E, feet with said Southwest line of said "Rails-to-Trails Corridor" to an iron rod found for corner, said point being the most Northerly corner of that certain tract of land conveyed by deed from T. K. Eng to CPC SING Trust recorded in Volume 2405, Page 127, Real Property Records, Denton County, Texas; THENCE, S 52 degrees 58 minutes 28 seconds W, feet with the Northwest line of said CPC SING Trust tract to an iron rod set for corner, said point being the most Northerly point of that certain tract of land conveyed by deed from Lake Cities Cablevision, Ltd. to Ye Olde Land Company, Ltd. recorded in Volume 4045, Page 760, Real Property Records, Denton County, Texas; THENCE, S 81 degrees 17 minutes 00 seconds W, feet with. said Northwest line of said Ye Olde Land Company tract to an iron rod set for corner; THENCE, S 53 degrees of said Ye Olde Land THENCE, S 16 degrees of said Ye Olde Land THENCE, S 84 degrees of said Ye Olde Land THENCE, S 66 degrees of said Ye Olde Land 13 minutes 50 Company tract 23 minutes 00 Company tract 11 minutes 00 Company tract 29 minutes 35 Compa.ny _ tract seconds N, to an iron seconds N, to an iron seconds N, to an iron seconds N, to an iron feet with said Northwest line rod set for corner; feet with said Northwest line rod set for corner; feet with said Northwest line rod set for corner; feet with said Northwest line rod set for corner;

6 EXHIBIT A - METES AND BOUNDS ORDINANCE # THENCE, S 14 degrees 16 minutes 00 seconds W, feet with said Northwest line of said Ye Olde Land Company tract to an iron rod set for corner; THENCE, S 32 degrees of said Ye Olde Land 32.minutes 00 Company tract seconds W feet with said Northwest line to an iron rod set for corner; THENCE, S 04 degrees 21 minutes 40 seconds W, feet with said Northwest line of said Ye Olde Land Company tract to an iron rod set for corner; THENCE, 5 17 degrees 36 minutes 30 seconds W, feet with said Northwest line of said Ye Olde Land Company tract to an iron rod set for corner; THENCE, S 17 degrees 35 minutes 32 seconds W, feet to an iron rod set for corner in said NortheaSt line of said Interstate Highway; THENCE, N 39 degrees 32 minutes 15 seconds W, feet with said Northeast line of said Interstate Highway to the PLACE OF BEGINNING and containing acres of land. NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT.

7 Ordinance # _ SUP Temporary Batch Plant AGL Constructors Page 5 EXHIBIT B - SITE PLAN

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13 me G m MOt N.1411r; ORDINANCE NO Exhibit B SITE PLAN SUP BATCH PLANT Mobile Office Exterior Façade Sample: %..01 I Male.-3jAt 'Tr Luna Road. Suite 134 Carrollton, Texas T: F:

14 Ordinance # SUP Temporary Batch Plant AGL Constructors Page 6 EXHIBIT C SPECIFIC REQUIREMENTS FOR TEMPORARY CONCRETE BATCHING PLANT

ORDINANCE NO SITE PLAN AMENDMENT - DIESEL FUEL STORAGE TANKS

ORDINANCE NO SITE PLAN AMENDMENT - DIESEL FUEL STORAGE TANKS ORDINANCE NO. 14-01-16-03 SITE PLAN AMENDMENT - DIESEL FUEL STORAGE TANKS AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE ORDINANCE NO. 13-05-02-08 AND ORDINANCE NO. 13-11-07-31 OF THE CITY OF CORINTH,