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OR 91-500-A-161 Zoining change to "LI-S.U.P." for John E. Holland Survey AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A161 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "LI" (LIGHT INDUSTRIAL) TO "LI-S.U.P." (LIGHT INDUSTRIAL, SPECIAL USE PERMIT), TO ALLOW THE DRILLING OF A GAS WELL ON PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, ATTACHED HERETO AS EXHIBIT "B"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, 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 thereof, the said governing body is of the opinion that Zoning Case No. S- 1127 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 IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, 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 from "LI" (Light Industrial) to "LI-S.U.P." (Light Industrial, Special Use Permit) to allow the drilling of a gas well on the property described in Exhibit "A", attached hereto and made a part hereof for all purposes. SECTION 2. That the above change in zoning for Special Use Permit to allow drilling of a gas well is hereby granted, subject to the following special conditions: (A) The property shall be developed and used only in accordance with the Site Plan, attached hereto as Exhibit "B", and made a part hereof for all purposes: (B) Drilling shall be limited to gas exploration only and shall commence only after Callejo gl successfully flow tests; (C) If the well is dry. applicant shall return the site to pre-well conditions; (D) The Special Use Permit for Callejo #1 shall be revised to remove the condition specifying that additional wells will be drilled no closer than 2,640 feet; (E) There shall be on-site supervision of "gatherers" of liquids; (F) Access to State Highway 121 shall require approval from TxDOT. The route of ingress and egress of the facility shall be as follows: with TxDOT approval, traffic shall be allowed directly to and from State Highway 121, or to enter, traffic shall be allowed from State Highway 121 east on Sandy Lake Road to the facility and to exit, traffic shall go west on Sandy Lake Road; (G) No access to the site shall be permitted from Coppell Road; (H) Artificial light sources shall be shielded from the south and east; (I) 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; (J) Prior to the start of drilling or construction, applicant shall provide an emergency preparedness plan which complies with applicable state and federal regulations; (K) A variance to City paving standards shall be permitted to allow construction of a gravel access drive; (L) A fire lane shall be provided within 150 feet of all portions of structures; (M) A fire lane shall be installed and accepted by the City prior to drilling equipment being brought on the site; (N) A fire hydrant installed and approved by the City prior to the commencement of drilling operations shall be required; (0) Applicant shall provide the City a retention system plan prior to commencement of drilling operations; (P) Applicant shall install fixed fire suppression monitors on the property prior to commencement of drilling operations; 2 (Q) Applicant shall provide compatible on-site foam and equipment; (R) Applicant shall obtain Fire Department approval of fire suppression systems prior to the commencement of any drilling or construction. SECTION 3. That the Site Plan, attached hereto as Exhibit "B" and made a part hereof for all purposes, be, and the same is 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. That an offense committed before the effective date of this ordinance is governed by the 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, firm 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 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 from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the .; ' "; day of ,1997. APPROVED' --, ~ , !?. ; ,,. TOM MORTON, MAYOR ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM' PETER G. SMITH, CITY ATTORNEY 4 LEGAL DESCRIPTION BEING part of the John E. Holland Survey, Abstract 614, Dallas County, Texas, and part of a tract known as the 130-acre tract conveyed to Justin McCarty Realty Corp. by deed filed January 30, 1971, recorded in Volume 70020, Page 0061, of the Deed Records of Dallas County, and being more particularly described as follows: BEGINNING at a point in the southwest corner of One Twenty-One Business Park, Phase I, an addition to the City of Coppell, Texas, recorded in the Map Records of Dallas County, Texas, on May 13, 1981, said point also being in the southeast right-of-way line of State Highway 121 and in the south line of the Thomas W. Cousy Survey, Abstract 317; THENCE, N 89° 46' 00" E, along the south line of the said Thomas W. Cousy Survey, a distance of 996.87' to a point for corner; THENCE, due South a distance of 1364.77 ' to a point for corner; THENCE, due West a distance of 1431.76' to a point for corner; THENCE, due North a distance of 892.8' to a point for corner in the southeast right-of-way line of Slate Highway 121; I'ltENCE, N 42° 52' 00" E, along the southeast right-of-way line of State Highway 121, a distance of 638.4' to the POINT OF BEGINNING, and containing 42.42 acres of land, more or less. EXHIBIT "A" EXHIBIT "B"