Carrollton-CS 8907117uly 11, 1989
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Cop~, Tex~s 75019
De~r Mr. Doyle:
Enclosed are copies of the ordinances for Sandy Lake Disposal
Facility that are scheduled for city Council ratification on July
18 , 1989 .
If you have any questions, please do not hesitate to call me at
466-3036.
S inc.ere ly,
Kathy StCvers
Senior Current Planner
KS: gm
Enclosures
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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 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, 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 p.m.
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 1985 Uniform Fire
Code;
disc12.89~sup~0104 form revised 06/23/89
SUP 01-89SUP4, SANDY LAKE DISPOSAL FACILITY PAGE 4
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, 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 rating before commencement of fill operations.
Section 3.
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 4.
Savings Clause
That Ordinance Number 1470, otherwise known as the Comprehensive
Zoning Ordinance, as amended, shall remain in full force and effect.
Section 5.
That this ordinance shall become and be effective on and after its
adoption.
PASSED AND APPROVED this the day of , 19 .
disc12.89~sup~0104 form revised 06/23/89
SUP 01-89SUP4, SANDY LAKE DISPOSAL FACILITY PAGE 5
CITY OF CARROLLTON
By:
Milburn R. Gravley,
ATTEST: Mayor
Janice Garrison
City Secretary
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Brenda N. Kathy' Stiv~s
Assistant City Attorney Senior Plan~er
disc12.89~sup~0104 form revised 06/23/89
EXHIBIT A
PROPERTY DESCRIPTION
BEING A TRACT OF LAND ~TUATED IN THE B.B.B. & C. R.R. CO. ~LIRVEY, 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, AND BEING ALL OF TWO TRACTS OF LAND DESCRIBED IN DEED TO
GIFFORD-HILL & COMPANY, INC~, BY JACK K. LEWIS, RECORDED IN VOLUME 4567.
PAGE 290. DEED RECORDS, DALLAS COUNTY. TE. XAS, BEING ALL OF A TRACT OF LAND
DESCRIBED IN DEED TO GIFFORD-HILL & COMPANY, INC., BY W.A. McCOY. ET. MX.,
RECORDED IN VOLUME 4765, PAGE 513. DEED RECORDS, DALLAS COUNTY, TEXAS, AND BEING
ALL OF A TRACT OF LAND DESCRIBED IN DEED TO GIFFORD-HILL COMPANY, INC., BY
GERTRUDE E. COBB. RECORDED IN DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2' IRON ROD FOUND FOR CORNER AT A CONCRETE POST IN THE NORTH
UNE OF THE J. JACKSON SURVEY, ABSTRACT NO. 698, AND THE SOUTH UNE OF SAID
B.B.B. & C. R.R. CO. SURVEY, SAID IRON ROD ALSO BEING THE NORTHEAST CORNER
OF A CALLED 64.585 ACRE TRACT OF LAND DESCRIBED IN DEED TO WHISENHUNT
INVESTMENT CORP. BY ERNEST C. DUNN, ET. UX., RECORDED IN VOLUME 74067.
PAGE 1350, DFFn RECORDS, DALLAS COUNTY, TEXA~;
THENCE S 89' 35' 55' W. 2228.00 FEET, WITH THE SAID NORTH UNE OF THE JACKSON
SURVEY, THE SAID SOUTH UNE OF THE B.B.B. & ~ R.R. CO. SURVEY, THE NORTH
UNE OF SAID WHISENHUNT TRACT AND ALONG A FENCE TO A 1/2' IRON ROD FOUND
FOR CORNER;
THENCE N 00' 01 34 E. WITH THE EAST UNE OF A CAI [FO 657.930 ACRE TRACT OF
LAND DESCRIBED iN DEED TO WHISENHUNT INVESTMENT CORP. BY ERNEST C. DUNN.
ET. MX., RECORDED IN VOLUME 74067. PAGE 1350. DEED RECORDS. DALLAS COUNTY.
TEXAS. ALONG A FENCE LINE PAS~ING THROUGH A 1/2' IRON ROD FOUND AT CAI
DENTON COUNTY. DALLAS COUNTY MNF., AT A DISTANCE OF 3486.02 FEET,
CONTINUING ALONG SAID FENCE IN ALL A TOTAL DISTANCE OF 4135.71 FEET TO
A 1/2' IRON ROD FOUND AT OCCUPIED CORNER;
THENCE N 89' 37' 03' E, 1308.92 FEET, ALONG A FENCE ENE TO A 1/2' IRON ROD
FOUND AT OCCUPIED CORNER IN THE EAST UNE OF SAID O'NEAL SURVEY;
THENCE S 00' 03' 443' W, 353.80 FEET, WITH THE SAID EAST MNE OF THE O'NEAL
SURVEY AND ALONG A FENCE UNE TO A 1/2' IRON ROD FOUND AT OCCUPIED CORNER;
THENCE N 89*42' 37' F.. ALONG A FENCE UNE. PASSING A 1-1/2' IRON PIPE FOUND
ON THE WEST BANK OF THE ELMFORK OF THE TRINITY RIVER AT A DISTANCE OF
925.56 FEET, AND CONTINUING ON, A TOTAL DISTANCE OF 970.00 FEET TO A POINT
IN THE CENTERUNE OF SAID RIVER;
THENCE WITH THE SAID CENTERLJNE OF RIVER THE FOLLOWlN~ $ 06* 29' 47' W. g9.O0 FEET;
S 08'04' 13' E, 121.00 FEET;
$ 22' 48' 00' E, 80.87 FEET;
THENCE N B~* 35' 00' E, 154.64 FF_ET, WITH THE SOUTH UNE OF SAID ROWE SURVEY
AND THE NORTH UNE OF ~AID PERRY ~tJRV~Y. TO A I/2' IRON ROD FOUND IN THE
WEST UNE OF A TRACT OF LAND DESCRIBED IN DEED TO JACK W. UVELY AND JOAN
STANSBURY. RECORDED IN PROBATE NO. 68-2397. DALLAS COUNTY. TEXAS;
THENCE SOUTH. A DISTANCE OF 4716.88 FEET. ALONG THE WEST AND NORTHWEST
UNES OF SAID UVELY AND STANSBURY TRACT TO A 1/2' IRON ROD FOUND AT A CONCRETE
POST ON THE NORTHEAST BANK OF SAID RIVER;
THENCE N 59' 32' 06' W. 283,07 FEET. ALONG THE NORTHEAST BANK OF SAID RIVER.
TO A 1/2' IRON ROD FOUND AT A CONCRETE POST IN THE EAST UNE OF THE
WHISENHUNT 64.585 ACRE TRACT AND THE SAiD EAST UNE OF THE JACKSON SURVEY;
THENCE N (30*00' 30' W, 1085.00 FEET. WITH THE SAID EAST UNE OF THE JACKSON
SURVEY AND THE SAID EAST UNE OF THE WHISENHUNT TRACT. TO THE PLACE OF
BEGINNING AND CONTAINING 10.034.120 SQ. FT. OR 230.352 ACRES OF LAND.
~- EXHIBIT C .,_
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PD 01-89Z3, SANDY LAKE DISPOSAL FACILITY PAGE 1
PLANNING DEPARTMENT PLANNED DEVELOPMENT NO.
City of Carrollton
Date: July 10, 1989 DEVELOPMENT NAME: Sandy Lake
Disposal Facility
ORDINANCE NUMBER
AN ORDINANCE OF THE CITY OF CARROLLTON AMENDING ITS
COMPREHENSIVE ZONING ORDINANCE AND ESTABLISHING
PLANNED DEVELOPMENT NUMBER ; 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 (Case No. 01-89Z3).
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 by Special Use Permit number
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~ZON0103 form revised 06/23/89
PD 01-89Z3, SANDY LAKE DISPOSAL FACILITY PAGE 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CARROLLTON, TEXAS, THAT:
Section 1.
Planned Development Number 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, and more
specifically described on the attached Exhibit A, providing for the
following use:
The permitted use shall be a Refuse Disposal Facility, upon approval
of a Special Use Permit. Accessory uses associated with such use
shall also be permitted.
Section 2.
Development shall be in conformance with the conceptual development
plan, attached hereto as Exhibit B.
Section 3.
Development shall be in accordance with all special conditions,
restrictions, regulations and requirements of Special Use Permit number
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~ZON0103 form revised 06/23/89
SUP 01-89Z3, SANDY LAKE DISPOSAL FACILITY PAGE 3
Section 6.
That this ordinance shall become and be effective on and after its
adoption.
PASSED AND APPROVED this the day of , 19
CITY OF CARROLLTON
By:
Milburn R. Gravley
Mayor
ATTEST:
Janice Garrison
City Secretary
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
~sr~sd~aNn~ ~n~tl~orney ~nt~iYor nr~r
disc12.89~zon~0103 form revised 06/23/89
- EXHIBIT A
PROPERTY DESCRIPTION
BEING A TRACT OF LAND SITUATED IN THE B.B.B. & C. R.R. CO. SURVEY, ABSTRACT NO.
198, THE U. 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. TED(AS, AND BEING ALL OF TWO TRACTS OF LAND DESCRIBED IN DEED TO
GtFFORD-HILL & COMPANY. INC., BY JACK K. LEWIS, RECORDED IN VOLUME 4567.
PAGE 290. DEED RECORDS. DALLAS COUNTY. TEXAS, BEING ALL OF A TRACT OF LAND
DESCRIBED IN DEED TO GIFFORD-HILL & COMPANY, INC., BY W.A. McCOY. ET. UX.,
RECORDED IN VOLUME 4765, PAGE 515. DEED RECORDS, DALLAS COUNTY, TEXAS, AND BEING
ALL OF A TRACT OF LAND DESCRIBED IN DEED TO GIFFORD-HILL COMPANY. INC., BY
GERTRUDE E. COBB. RECORDED IN DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2' IRON ROD FOUND FOR CORNER AT A CONCRETE POST IN THE NORTH
ENE OF THE & JACKSON SURVEY, ABSTRACT NO. 698, AND THE SOUTH ENE OF SAID
B.B.B. & C. R.R. CO. SURVEY, SAID IRON ROD ALSO BEING THE NORTHEAST CORNER
OF A C~tl rn 64.585 ACRE TRACT OF LAND DESCRIBED IN DEED TO WHISENHUNT
INVESTMENT CORP. BY ERNEST C. DUNN, ET. MX., RECORDED IN VOLUME 74067,
PAGE 1:550, DEED RECORDS, DALLAS COUNTY, TEXAS;
THENCE S 89' 55' 55' W. 2228.1:)0 FEET, WITH THE SAID NORTH UNE OF THE JACKSON
SURVEY, THE SAID SOUTH MNE OF THE B.B.B. & C. R.R. CO. SURVEY, THE NORTH
MNE OF SAiD WHISENNUNT TRACT AND ALONG A FENCE TO A 1/2' IRON ROD FOUND
FOR CORNER;
THENCE N 00' 01 34 E. WITH THE EAST ENE OF A CAl lrn 657.930 ACRE TRACT OF
LAND DESCRIBED IN DEED TO WHISENHUNT INVESTMENT CORP. BY ERNEST C. DUNN.
ET. MX., RECORDED IN VOLUME 74067. PAGE 1:550. DEED RECORDS. DALLAS COUNTY.
TEXAS. ALONG A FENCE LINE PASSING THROUGH A 1/2' IRON ROD FOUND AT CAl~Fn
DENTON COUNTY. DALLAS COUNTY UNE, AT A DISTANCE OF 34~6.D2 FEET.
CONTINUING ALONG SAID FENCE IN ALL A TOTAL DISTANCE OF 4155.71 FEET TO
A 1/2' IRON ROD FOUND AT OCCUPIED CORNER;
THENCE N 89':57' 05' E, 1308.92 FEET. ALONG A FENCE MNE TO A 1/2' IRON ROD
FOUND AT OCCUPIED CORNER IN THE EAST UNE OF SAID O'NEAL SURVEY;
THENCE S 00°03' 40' W, 553.80 FEET. WITH THE SAID EAST LINE OF THE O'NEAL
SURVEY AND ALONG A FENCE LINE TO A 1/2' IRON ROD FOUND AT OCCLJPIED CORNER;
THENCE N 89'42' :57' F. ALONG A FENCE MNE. PASSING A 1-1/2' IRON PIPE FOUND
ON THE WEST BANK OF THE ELldFORK OF THE TRINITY RIVER AT A DISTANCE OF
925.56 FEET, AND CONTINUING ON, A TOTAL DISTANCE OF 970.00 FEET TO A POINT
IN THE CENTERUNE OF SAID RIVER;
THENCE WITH THE SAID CENTERUNE OF RIVER THE FOLLOWlN~
S 06* 29' 47' W. 99.00 FEET;
$ 08'04' 13' E, 121.00 FEET:
S 22' 48' 00' F, 80.87 FEET:
THENCE N 8~ 35' 00' E, 15~.64 FEET, WITH THE SOUTH UNE OF SAID ROWE SURVEY
AND THE NORTH ENE OF SAID PERRY SURVEY, TO A 1/2' IRON ROD FOUND IN THE
WEST IJNE OF A TRACT OF LAND DESCRIBED IN DEED TO JACK W. MVELY AND JOAN
STANSBURY, RECORDED IN PROBATE NO. 68-2397. DALLAS COUNTY, TEXAS;
THENCE SOUTH. A DISTANCE OF 4716.88 FEET. ALONO THE WEST AND NORTHWEST
LINES OF SAID UVELY AND STANSBURY TRACT TO A 1/2' IRON ROD FOUND AT A CONCRETE
POST ON THE NORTHEAST BANK OF SAID RIVER;
THENCE N 5c~ 32' 06' W. 283.07 FEET. ALONG THE NORTHEAST BANK OF SAID RIVER.
TO A 1/2' IRON ROD FOUND AT A CONCRETE POST IN THE EAST LINE OF THE
WHISENHUNT 64.585 ACRE TRACT AND THE SAID EAST UNE OF THE JACKSON SURVEY;
THENCE N 00*00' 30' W, 1085.00 FEET, WITH THE SAID EAST UNE OF THE JACKSON
SURVEY AND THE SAID EAST lINE OF THE WHISENHUNT TRACT, TO THE PLACE OF
BEGINNING AND CONTAINING 10,034.120 SQ. FT. OR 250.552 ACRES OF LAND.
-- EXHIBIT
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