ORDINANCE NO. 13-11-07-31 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE ORDINANCE NO. 13-05-02-08 OF THE CITY OF CORINTH, TEXAS, BY APPROVING A SPECIFIC USE PERMIT TO OPERATE A TEMPORARY CONCRETE BATCH PLANT ON PROPERTY DESCRIBED AS 10.9191 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. 13-05-02-08, 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 2.07.03 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. 13-05-02-08, 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 10.9191 acres being tracts 12 and 13 in the H.
Ordinance # 13-1 1-0 7- 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 2.07.03 and 2.07.04(a)(7), approved in Ordinance No. 13-07-11-30, 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 2.07.04 (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.
Ordinance #13-11-07- 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, 2013. '''''' 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
Ordinance #13-11-07- SUP Temporary Batch Plant AGL Constructors Page 4 EXHIBIT A - METES AND BOUNDS LEGAL DESCRIPTION
ORDINANCE NO. 13-11-07- 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, 580.92 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, 330.01 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-R0064886, 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, 29.30 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, 652.47 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, 217.38 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, 17.01 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 80.32 feet with said Northwest line rod set for corner; 69.69 feet with said Northwest line rod set for corner; 83.60 feet with said Northwest line rod set for corner; 87.09 feet with said Northwest line rod set for corner;
EXHIBIT A - METES AND BOUNDS ORDINANCE #13-11-07- THENCE, S 14 degrees 16 minutes 00 seconds W, 117.50 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 114. 17 feet with said Northwest line to an iron rod set for corner; THENCE, S 04 degrees 21 minutes 40 seconds W, 142. 25 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, 26.3 9 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, 118.12 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, 951.99 feet with said Northeast line of said Interstate Highway to the PLACE OF BEGINNING and containing 10.664 acres of land. NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT.
Ordinance # 13-11-077_ SUP Temporary Batch Plant AGL Constructors Page 5 EXHIBIT B - SITE PLAN
W1 a 01.3460,11 LAL.Omn 1.3 4 140 3.1. Mon Aro 61.4.4 0371mm.---76...A Am 1** NA 701 Amman Urn //4. ave.. LA 011 Penman am 104..*. 75 071 Ammelun Am 111.3.64am 169 015 Amentan Elm 1.0646.3.4.4 LAI MA en1.1.1111m Wm. owe... me* DM Amenain elm 1.4.3.41A9LAL. OM Amencan Um UM. 6.74.40. DIO 74.6009 I. NV. ow... 011 Ion.. Om UM. soma. 119 011.. llm 4.611 own* 141 013 4.1.I. W. al la,. Ll.W01. 11.111..1 OA 1. 11 ft. Y. OIL LILO LAD. 140.1.3 henna n El nv UM. VW* 0. 2: 1164 061 0.463.64.. 111.,I 71 Will. 631.41. 50.0 O. Ma Will. 1/11.7.3 L9 L. 167.8 willow MA*.7 A.01.111111 Ne... 011 Aelver. A IALLL 0.14.33 ILL Amon an 1176 IALLA 446mas 60 O. A.,. Elm... I. O. ILI 041 7 ' Anev An..,. lm V.. memeee L O. 71 MI 7444,A n t. UM. omen.. 11 la 6.6.4 awneens ORDINANCE NO. 13-11 -07- SITE PLAN SUP - BATCH PLANT Me. owirrhano 1..DM 7111 170.37ffl en cano 1. L4L enwrican elm MY MI.... 617E1.1Iew...we.11... 1.5 019 31 71 111 Dow 7776/3. 61.1 LAD.. 041 menule.7 [1. Ime..er...its 00.rnmel Mc./ m ente ad.. 0.11. Dv crelm.14 MA. ID 1A NA Common 1..efee PM IS9..._ PS act N.. OM Menton IlarOrm (1...11 1.0.1.1e LOU V. f0 047.cuat.41:41.q L4 00r 117303...I:2M its 4.9. m.., 16617.0. 030 Cmoopplo 41.4170 OA 71 DU 77.7171, 4059 59 12.9 917 44047919 1.16.1 15 0 O. 1.1.11.1 N... 111 <Ammon Md., LAO ALLIALI/0 441 16. AMY IV II a ay. 114314,11. 563.. 76 0{7 1/413.14 43.067 Le 1.L.1.. `143713111 N. NA -.1..71011 17.D 0. Amarles 3 E. DMus swam. 7.4 NO Demon Had., COM go... 7.9 067 1mAricam Am Wpm ewe.. 3.74.11.11.ny asts../e11.. 0. Cammen Lod., 07/101104... 11.1 44 Common.., 3446 7741...1 ZS 0..464. ALA., LeL41177.13/411 14111 0. Common 11441.174 OLP 03.61.1M1 711!Dm. WM1447 VA re 0-0 Chain-Link "Tree Protection" Fence 91 04 1111i -41111. 1 * t. Legend 0 Tree to be Removed,4,7q,441 totot* Trees to be Preserved Property Boundary General Notes: 1. The support yard property is approximately 9.0 acres in size. 2_ The diameter of trees possessing multiple stems or split trunks were calculated using the largest stem plus the sum of one half the diameter of each additional stem. 3. Tree removal activities are unaviodable due to space constraints associated with future onsite activities associated with the support of the IH 35E Managed Lane Project Corinth Construction Support Yard Tree Preservation Map IH 35E Managed Lanes Project Base Wber Sow:[' U.S S. ortme, of, van, its 35c Feet Created by: Cy Reichert Date: 8 October 2013
1 N a 0 Batch Plant -1.-c a) a) 4 IP
(I) 4ci) Const. Entrance z w fr
O FIELD BOLT LIST 0008 A 0 1111111/4 1.0.raw vrare..14,110,11 17541 \*AM MINNOW
to tgl EL 0 0 th a IHSIEH 13I1YN 0 0 O n U
me G m 4190140110MOt N.1411r; ORDINANCE NO. 13-11-07- Exhibit B SITE PLAN SUP BATCH PLANT Mobile Office Exterior Façade Sample: %..01 I Male.-3jAt 'Tr 4 1505 Luna Road. Suite 134 Carrollton, Texas 75006 T: 214-483-7500 F: 888-284-3249
Ordinance #13-11-07- SUP Temporary Batch Plant AGL Constructors Page 6 EXHIBIT C SPECIFIC REQUIREMENTS FOR TEMPORARY CONCRETE BATCHING PLANT