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OR 91-500-A-186 Zoning change to "A-S.U.P." for Robinson Lease AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A186 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPEIL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "A" (AGRICULTURE) TO "A- S.U.P." (AGRICULTURE, SPECIAL'USE PERMIT) TO ALLOW THE DRILLING AND PRODUCTION OF A NATURAL GAS WELL AND PLACEMENT OF A TANK BATTERY FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN AND TANK BATTERY PLAN ATTACHED HERETO AS EXHIBITS "B" AND "C", RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOIJ,ARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHF~REAS, the City Planning and Zoning Commission and the governing body of the City of CoppeR, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of CoppeR, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereot~ the said governing body is of the opinion that Zoning Application No. S-1134 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE 1T ORDAINED BY ~ CITY COUNCIL OF ~ CITY OF COPPEIJ~, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of CoppeR, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning fi'om "A" (Agriculture) to "A-S.U.P.' (Agriculture, Special Use Permit) to allow the drilling and production of a natural gas well and placement of a tank battery on the property described in Exhibit "A" attached hereto and made a pan hereof for all purposes. Page -1- ss~s3n SECTION 2. That the property shall be developed and used only in accordance with the Site Plan, Exhibit B and Tank Battery Plan, Exhibit C and the following special conditions for development: (A) Drilling shall be limited to gas exploration only; (B) If the well is dry at any time in the future, the applicant with respect to equipment on the leasehold shall return the leasehold site to pre-well conditions; (C)There shall be on-site supervision of"gatherers" of liquids; (D) Route of ingress and egress to the facility shall be limited to Beltline Road east of the wellsite driveway of the property as ~shown on the Site Plan, Exhibit "B"; (E) Artificial light sources shall be shielded from view by single-family residences located to the north and the south of the property; (F) Change of ownership of the property, change of operator of the facilities or violations of the Special Use Permit or other ordinances of the City shall be cause for review by the Planning and Zoning Commission, which may call a public hearing to consider revocation of the Special Use Permit and/or other appropriate zoning, or cause for review by the City Council, which may direct the Planning and Zoning Commission to call a public hearing to revoke the Special Use Permit, and/or recommend other appropriate zoning; (G) Prior to the start of drilling or construction, applicant shall provide an emergency preparedness plan which complies with applicable local, state and federal regulations; (H) A variance of City paving standards shall be permitted to allow construction of a gravel access drive; Page -2- ss~53~ (i) A fire lane shall be provided within ~150 feet of all portions of structures, in accordance with City specifications, capable of supporting a minimum of 40,000 pounds; (J) A fire lane shall be installed and accepted by the City prior to drilling equipment being brought on the site; (K) A fire hydrant installed and approved by the City prior to commencement of drilling operations shall be required; (L) Property owner and/or drilling operator shall provide the City with a written retention system plan prior to commencement of drilling operations; (M) Property owner and/or drilling operator shall install fixed fire suppression monitors on the property prior to commencement of drilling operations; (lq) Property owner and/or drilling operator shall provide compatible on-site foam and equipment; (O) Property owner and/or drilling operator shall obtain Fire Department approval of fire suppression systems prior to the commencement of any drilling or construction; (P) Prior to constructing a tank battery facility on any part of the 254 acre property, property owner and/or drilling operator shall comply with the City's Streetscape Plan and landscape ordinances by planting trees on the property somh of and within fffieen (15) feet of the south right-of-way line of East Beltline Road. These trees shall consist ora minimum of twenty-six (26) three-inch caliper or larger cedar elms and a minimum of thirty-nine (39) three-inch caliper or larger accent trees selected from the plant palette shown in Table 1 of Section 34 of the Comprehensive Zoning Ordinance. All Page -3- ss~53~l trees and plants shall be maintained in a healthy and growing condition for as long as the tank battery facih'ty remains on the property. SECTION 3. That the Site Plan and Tank Battery Plan attached hereto as Exhibits "B" and "C", respectively, and made a part hereof for all purposes, are hereby, approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That all provisions of the Comprehensive Zoning Ordinance of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, 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 unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, finn or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a Page -4- fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately fi.om and after its passage and the publication of its caption, as the law and charter in such cases provide. DILLY PASSED by the City Council of the City of Coppell, Texas, this the//~-//~ day of ~ -~ ~'t/~'5.,d~j , 1998. APPROVED: gmat, MA¥OP. ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMITIrI, CITY ATTORNEY (PGS/ttl 1/19/98) Page -5- SS15311 AUG-~G-~7 15: ~ F~OM: SMS PC ID:2143~81~25 PAG~ ~/15 ~SO7~, tot a EXHIBIT A, Page 1 of 5 ~uch ~0 d~e 3~ ~Cance of 118.57 EXHIBIT A, Page 2 of 5 AUG-O4-~? 16:00 FROM ~ SMS PC ID:2143~8~2S PAG~ EXHIBIT A, Page 3 of 5 ~2227 02Z I ~ZZZF 02zz SO'd /-l:Or8 '8/_.90~ '1: a, ns dIO;~:O Z.~-t,o-§n~' EX'B'I']~'rT A, ?a§e 5 o~ .5 EXHIBIT B EXHIBIT C