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Carrollton-CS 890915 ,, ~RROETON SEP 1 8 1989 CITY.MANAGER September 15, 1989 Mr. Alan Ratliff City Manager City of Coppell P.O. Box 478 Coppell, Texas 75019 Dear Mr. Ratliff: Enclosed is a copy of Ordinance No. 1570 as passed by our City Council granting a special use permit for a landfill under certain conditions. Respectfully, / , t ice Garrison y Secretary FORWAP',D.nD TO MAYOR Ak4D ,COUNCIL DATE: c~~~. SUP 01-89SUP4, SANDY LAKE DISPOSAL FACILITY PAGE 1 PLANNING DEPARTMENT SPECIAL USE PERMIT NO. 116 City of Carrollton PLANNED DEVELOPMENT NO. 113 Date: August 15, 1989 DEVELOPMENT NAME: Sandy Lake Disposal Facility ORDINANCE NUMBER 1570 AN ORDINANCE OF THE CITY OF CARROLLTON AMENDING ITS COMPREHENSIVE ZONING ORDINANCE AND ESTABLISHING SPECIAL USE PERMIT NUMBER 116; PROVIDING FOR A REFUSE DISPOSAL FACILITY UPON PROPERTY DESCRIBED HEREIN; AMENDING THE OFFICIAL ZONING MAP; AND PROVIDING FOR A PENALTY, SAVINGS AND AN EFFECTIVE DATE. WHEREAS, at its regular meeting held on the 18th day of May, 1989, the Planning and Zoning Commission did consider and make recommendations on a certain request for a refuse disposal facility Special Use Permit (Case No. 01-89SUP4). WHEREAS, the existing public facilities are not adequate to accommodate the additional truck loads associated with the refuse disposal facility. WHEREAS, the city of Carrollton has no responsibility, obligation nor commitment to maintain or improve the bridge on Sandy Lake Road over the Elm Fork of the Trinity River, and there are presently no funds budgeted by the city of Carrollton to participate in any future bridge improvements. WHEREAS, the applicant volunteered to prohibit refuse disposal facility operations on the property at the Planning and Zoning Commission public hearing of May 18, 1989 until the bridge on Sandy Lake Road over the Elm Fork of the Trinity River is repaired to accommodate specific truck loads. WHEREAS, the applicant has agreed to accept the economic risks associated with the restrictions volunteered by him at the public hearing of May 18, 1989, and understands that the city of Carrollton has given no assurances that the Sandy Lake Road bridge will ever be repaired to the specific rating required within this ordinance. WHEREAS, the applicant is aware that such a prohibition against operation of the use until the Sandy Lake Road bridge repairs are completed may prevent the property from ever being used for a refuse disposal facility. WHEREAS, the City Council, after determining all legal requirements of notice and hearing have been met, has further determined the following amendment to the zoning laws would provide for and would be in the best interest of the health, safety, morals, and general welfare: disc12.89\sup\0104 form revised 06/23/89 SUP 01-89SUP4, SANDY LAKE DISPOSAL FACILITY PAGE 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CARROLLTON, TEXAS, THAT: Section 1. Special Use Permit Number 116 is hereby established for a certain 230.352 acre tract of land situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 198; the M. Kennady Survey, Abstract No. 731; the M. O'Neal Survey, Abstract No. 987; the Wm. Rowe Survey, Abstract No. 1243; the Alex W. Perry Survey, Abstract No. 1147; and the J. C. Bevers Survey, Abstract No. 166, Dallas and Denton Counties, Texas, generally located north of Sandy Lake Road and west of IH-35E, and more specifically described on the attached Exhibit A, providing for the following use: Refuse Disposal Facility and all accessory uses associated with such use. Section 2. Development shall be in accordance with the following special conditions, restrictions, and regulations: 1. The refuse disposal facility shall be a Type I municipal solid waste sanitary landfill, and shall be developed, operated, maintained and reclaimed in accordance with the Municipal Solid Waste Management Regulations of the state of Texas and all other applicable state laws, the applicable regulations of the U.S. Environmental Protection Agency, and all other applicable federal laws. 2. The site shall be developed in accordance with the conceptual development plan, attached hereto as Exhibit B, which provides for the following development criteria: a. The facility shall have the following operating hours: Monday thru Friday 6:00 a.m. to 6:00 p.m. Saturday 6:00 a.m. to 12:00 noon The facility shall be closed during non-operational hours. b. The site shall be totally fenced with security gates locked during non-operational hours. c. No sludge from wastewater treatment plants shall be permitted to be disposed of on-site as part of the sanitary landfill operations. 3. A litter control fence shall be erected and maintained in accordance with the fencing details, attached hereto as Exhibit C, which includes the following criteria: disc12.89\sup\0104 form revised 06/23/89 SUP 01-89SUP4, SANDY LAKE DISPOSAL FACILITY PAGE 3 a. Perimeter fencing shall be 4-strand barbed wire on posts spaced at 10 feet on center. b. The entrance gate shall be of the metal fabricated type, and locked during non-operational hours. c. Litter control fencing shall be provided in the area of the working face in order to provide litter control. d. The maximum effective wire grid opening of the fence shall be 4 inches by 6 inches. 4. Screening shall be erected and maintained in accordance with the screening plan, attached hereto as Exhibit D, which includes the following criteria: a. The maximum elevation of the completed landfill shall be 507.00 feet above mean sea level or as directed and/or approved by the city of Carrollton, or the Texas Department of Health, or any governmental agency empowered with such authority. b. Each row of screening device shall be installed so as to provide a visual barrier at all times between the Gun Club property and the landfill operational area. 5. A 404 Wetlands permit shall be obtained from the Corps of Engineers, or a letter from the Corps stating that such permit is not required, prior to the commencement of any operations on the site; 6. A permit shall be obtained from the Federal Emergency Management Agency (FEMA), or a letter from FEMA stating that such permit is not required, prior to the commencement of any operations on the site; 7. A permit shall be obtained from the Texas Water Commission, or a letter from the Texas Water Commission that such permit is not required, prior to the commencement of any operations on the site; 8. A permit shall be obtained from the Texas Department of Health prior to the commencement of any operations on the site. All requirements of such permit shall be complied with; 9. Construction drawings of the driveway and driveway cut shall be submitted to, and approved by, the city of Coppell prior to the commencement of any operations on the site; 10. The roadway to the office and shop facility shall be an all-weather surface, in accordance with the 1988 Uniform Fire disc12.89\sup\0104 form revised 06/23/89 SUP 01-89SUP4, SANDY LAKE DISPOSAL FACILITY PAGE 4 Code, and subsequent additions as may be adopted; 11. At least one thousand (1,000) feet of the access road extending from Sandy Lake Road shall be paved; 12. The landfill operation shall be defined as an industrial user so that the city shall be allowed access for monitoring, record review and complaint and compliance investigation in accordance with the Industrial Waste Ordinance; 13. No fill operations shall be permitted on the site until the Trinity River bridge on Sandy Lake Road is repaired to an HS-15 rating, or other equivalent rating designation necessary to accommodate a 55,000 pound vehicle, as defined by the American Association of State Highway and Transportation Officials. If the bridge is not repaired accordingly within five (5) years from the date of the passage of this ordinance, the city of Carrollton shall initiate a reassessment of the zoning of the site; 14. The City Engineer for the city of Carrollton shall verify the HS-15 or equivalent rating before commencement of fill operations. Section 3. The adoption of this ordinance shall not waive the rights of the city of Carrollton to review and comment on the technical aspects of the proposed use during the public hearing and review period before the appropriate state and federal agencies. Section 4. Penalty Clause That any person, firm or corporation violating a provision of this ordinance, upon conviction, is guilty of an offense punishable as provided in Section 1-5 of Chapter 1 of the Carrollton Code of Ordinances, as amended, by a fine not to exceed two thousand dollars ($2,000); and each day or portion thereof during which the violation is committed, continued or permitted shall be a separate offense. Section 5. Savings Clause That Ordinance Number 1470, otherwise known as the Comprehensive Zoning Ordinance, as amended, shall remain in full force and effect. disc12.89\sup\0104 form revised 06/23/89 SUP 01-89SUP4, SANDY LAKE DISPOSAL FACILITY PAGE 5 Section 6. That this ordinance shall become and be effective on and after its adoption. PASSED AND APPROVED this the 15th day of August, 1989. CITY OF CARROLLTON Milburn R. Gravley, Mayor ATTEST: J .~_i~e_ Garrison City Secretary R~ AS TO FORM: APPROVED AS TO CONTENT: ~renda N. McDonald Kathy Sti~ers Assistant City Attorney Senior Planner disc12.89\suD\0104 form revised 06/23/89 ..- EXHIBIT A -.. PROPERTY DESCRIPTION BE3NG A TRACT OF LAND SITUATED iN THE B.B.B. & G. Iq.R. CO. SURVEY. ABSTRACT NO. 198, 11.1E U. KENNADY SURVEY ABSTRACT NO. 731, THE U. O'NE.N. SURVEY, ABS31~ACT NO. g87, 11.1E Wld. ROM[ SURVEY, ABSTRACT NO. 1243, THE ALEX W. PERRY SURVEY, ABS3RACT NO. 114.7, AND 'II.IE J.C. BEV[RS SURVEY, ABSTRACT NO. 166, DALLAS AND DEN'rON COUNTIES, T~XA$, AND BEING ALL OF TWO TRACTS OF LAND DESCRIBED IN DEED TO GIFFORD-HILL k COMPANY. INC.. BY JACI( K. LEWIS, RECORDED IN VOI.UUE 4547, PAGE 290. DEED RECORDS, DALLAS COUNTY. TEXAS, BEING ALL OF A TRACT OF LAND DESCRiB~ IN DEED TO GIFFORD-HILL & COMPANY, INC., BY W.A. klcCOY. ET. U)C, RECORDED IN VOLUId[ 4.765, PAGE 513, DEED RECORDS, DALLAS COUNTY, 11D(A$, AND BEING ALL OF A TRACT OF LAND OESCRIBED IN DEED TO GtFFORD-HILL COUPANY, INC., BY GERTRUDE F.. COBB, RECORDED IN DEED RECORDS, DENTON COUNTY. TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2' IRON RO0 FOUND FOR CORNER AT A CONCRETE POST IN THE NORTH LINE OF THE J. JACKSON SURVEY, ABSTRACT NO. 698, AND 11.1E SOUTH LINE OF SAID B.B.B. & C. R.R. CO. SURVEY, SAID iRON RO0 ALSO BEING THE NORTHEAST CORNER OF A C~;tn 64.585 ACRE TRACT OF LAND DESCRIBED IN DEED TO M. IISENHUNT IN'vF. STUENT CORP. BY ERNEST C. DUNN, ET. UY,.o RECORDED IN V~I. UME 74067, PAGE 1350o DEED RECORDS, DAU. A$ COUNTY, 1E3(A~ 'II. IENCI; $ 89~ 35° 55' W, 222&00 FEET, MTH THE $ND NORTI'I UNE OF THE JACKSON SURVEY, THE SMD SOUll'I UNE OF THE B.B.B. ar C. R.R. CO. SURVEY, THE NORTH lINE OF $ND M. IlSENHUNT 1RACT AND ALONG A FENCE TO A 1/2' iRON RO0 FOUND 'INENCE N 00' 01 34 E, MTH THE EAST UNE OF A C~;;rr~ 657.930 ACRE TRACT OF LAND DESCRIBED IN _DFm3 TO ~.IISENHUNT INVESTUENT CORP. BY ERNEST C. DUNN, ET. UX., RECORDED IH VOLUME 740~7, PAGE 1350, D~~ RECORDS, DALLAS COUNTY, TEXAS. ALONG A FENCE LiNE PASSING THROUGH A 1/2' IRON RO0 FOUND AT CALLED DENTON COUNTY, DALLAS CGUNTY LINE, AT A DISTANCE OF 3486.02 FEET, Cg3NTINUING ALONG SAID FENCE IN ALL A TOTAL DiSTANC~: OF 413S.71 FEET TO A 1/2' iRON RO0 FOUND AT OCCUPIED CORNER; - 114ENCE N 89' 37' 03' F., 130B. 92 FEET, ALONG A FENCE UNE TO A 1/2' IRON FOUND AT OCCUPIED CORNER IN THE EAST UNE OF $,ND O'NEAL SURVEY; THENCE $ O0° 03' 40' W, 353.80 FEET, MTN THE .%ND EAST UNE GF THE O'NEAL $1JRVLm( AND ALONG A FENCE LINE TO A 1/2' IRON RO0 FOUND AT OCCUPIED CORNER; 11.iENCE N 89*42' 37' F, ALONG A FENCE UNE, PASSING A 1-1/'2" IRON PIPE FOUND GN THE ',~E:ST BANK OF 31.1E ELIdFORK OF THE TRINITY RIVER AT A DISTANCE OF 925.56 FEET, AND CONTINUING ON, A TOTAL DISTANCE OF 970.00 FEET TO A POINT $ O~ 29' 47" 11~ 99.00 FEET; · NORTH lINE ~3F SAID PERRY SURVEY, TO A I z- AND TNE JO ~IEST UNE Glr A 11~ACT (31r LAND .............. T~. "~""~' STANSBURY, RECORDED IN PROBATE NO. 6~-Z,.~;, u,,u.~,~ ~ , 'II4ENCE SOUTH, A DISTANCE OF 4716.88 FEET, ALONG 11.1E 't~r. ST AND NGR*II.IItF. ST LINES OF SAID UYELY AND STAN$SURY 1RACT TO A 1/2' IRON RO0 FOUND AT A CONCRE~ POST ON THE N(3RTHEAST BANK OF SAID RIVER~ 31.1ENCE N 5~ 32' 0~' W, 283.07 FEET, ALONG 11'1E NORIHEAST ~ OF S,'UD RIVER, TO A 1/2" IRON ROD FOUND AT A CONCRETE POST IN THE EAST UNE QF THE ,~HiSENHUNT 64.585 ACRE 1RACT AND 11'1E SND EA.%"T LINE GF 11.1E dACK$ON SURVEY; ~JRVEY AND THE SAID EAST LINE OF THE M.IISENHUNT 1RACT, 1'13 1HE PLACE ~F' BEGINNING AND CONTAINING 10,034,120 SQ. FT. (3R 230.352 ACRES OF LAND. II ~ .,. ,.,, ,.,. ,, . , _...,..- ,p~J .,. I,, It, ~i, ~.~ z~ .I .... , I I ~ ,. ~ ~ ~ ~ ,~:li.ti.- ,,l,h,..,-I'l.I- .. ; o 'q '; '" '" '~ !' "- ' Iii !11 " -'~ ~ - ~l,ll,li I,.i~ Ih hU Iff !,I, I hd !. ,, ~ ¢ / / / / ~ ~ ~~ ~ < , , ~/~// .,~ ~~ ~ , ~ .. ..... .~/-,~' F ~d I ~ ~ ....... --. ......... ,,,,,x .,, ..... < .......... /..'" / ~ , k ~ - ...--"" f' ..... /'/ / ~: ~ l ,,'/,", X '"' --"~ .~./,/~/~ ~ ~ ~ / ..'" ~' / X ~ ~ ~ /' ..' ~ ~ ~ .m ~ ;, // .., /'~ ~ ~ I ~ ~ ~ / .i / ./ 0 J J  / i / ~ o~ ~ %~',, ~ ~~o . ~ I .."~1/ ~ /~ .~ ~ ~ ', ~ ~ ~ ,"/Y / '/~ ~ ~ ~ ~ I ~ I 1~ / / ~ ~ ~ J ..~ ~ / / ~ z I ~ ~ / / ~ Y ~' ' / ) .~ ~tI ' I ~ - J-. .......... il ~- - , i~,,Ifif "m .m ~..m -- ~ i I) l iKJ L~-dnS :ONINOZ ~ ~ SUP 01-89SUP4,. SANDY LAKE DISPOSAL FACILITY PAGE 5 Section 6. That this ordinance shall become and be effective on and after its adoption. PASSED AND APPROVED this the 15th day of August, 1989. CITY OF CARROLLTON By: Milburn R. Gravley,~'~'~ -~ Mayor ATTEST : /? · ~ J ~i~e Garrison City Secretary R~AS TO FORM: APPROVED AS TO CONTENT: ~renda N. M~Donald Assistant City Attorney disc12.89\suD\0104 form revised 06/23/89