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CC approval of ORD 2/28/95 AGENDA REQUEST FORM CITY COUNCIL MEETIN~L. February 28, 1995 IT~ ~ ~~ ITEM C~%PTION: Consideration and approval of an Ordinance for S-1090, to change the zoning from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permit) to allow the operation of a natural gas well with special conditions on one acre of a 43.8913 acre tract of land located at the northwest corner of Thweatt and Coppell Roads, and authorizing the Mayor to sign. ~ ~ ?~ ..~ ~. ~ .~ ~ _ TITLE: ~~S::bjl~ning & Co..nity Services ST~F CO~ENTS: This zoning change was approved by the City Council at its February 14, 1995, meeting. STAFF RECOMMENDATION Approval X Denial / ~UD6~T ~T.~ ~/~ ~T. ~ST.$ +/- BUD:~ FIN~CI~ CO~ENTS: VIN2UnCIaL REVIEW: ~ CITX ~A~aaEa aEVI .'~iv.~~ Ageada Request Form - Re6sed 1/94 Put "gokL-.n~xi" 10a[~ in prln~r- AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCe. NO. 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 OPERATION OF A NATURAL GAS WELL WITH SPECIAL CONDITIONS, ON ONE ACRE OF A 43.8913 ACRE TRACT OF LAND LOCATED AT THE NORTHWEST CORNER OF THWEA'IT AND COPPELL ROADS, COPPELL, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATFACHED HERETO; 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 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 Commi~ion 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 thereof, the said governing body is of the opinion that Zoning Application No. S-1090 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: SECHON 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 from "LI" (Light Industrial) to "LI-S.U.P." (Light Industrial-Special Use Permit) to allow the operation of a natural gas well on one acre of a 43.8913 acre tract of land located at the 1 AGG~73E northwest corner of Thweatt and Coppell Roads, Coppell, Dallas County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the foregoing change in zoning is hereby granted subject to the following special conditions: 1. The property shall be developed and used only in accordance with the Site Plan attached hereto as Exhibit "Bu and made a part hereof for all purposes; 2. ff the well is dry, the applicant shall restore the site to pre-well conditions; 3. Once the field has been discovered, all additional wells will be drilled no 'closer than 2,640 linear feet from each other; 4. The well head shall be fenced in accordance with the Site Plan; 5. There will be on-site supervision of "gatherers" of liquids; 6. Ingress and egress to the property shall be limited to traffic entering from State Highway 121 then East on Thweatt Road to the property and traffic shall exit on Thweatt Road and travel west; 7. An irrigated landscaping system shall be installed and maintained in operating condition on the property; 8. All tanks shall be no greater than eight-feet (8') in height and shall be emptied between the hours of 12:00 midnight and 6:00 a. m.; 9. All tanks shall be earth tone/sandy in color; 10. Change of ownership of the property, change of operator of the facilities or violations of the specific use permit or other ordinances of the City shall be 2 AGG0673E cause for review by the Planning and Zoning Commission or City Council which may direct the Planning and Zo,ing Commission to call a public hearing to revoke the specific use permit, and/or recommend other appropriate zoning. SECTION 3. That the Site Plan set forth in Exhibit "B" attached hereto and made a part hereof for all purposes 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 mended, 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. 3 AGG0673E 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 thi.~ 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 ,.~g ~--~ day of ~~(~__, 1995. APPROVED: TOM MORTON, MAYOR ATFEST: ~ARY APPROVED AS TO FORM: PE'ITE~ATI'ORNEY (PGS/jd 2-14-95) 4 AGCR}673E bc~flG ~C~ ~ 4~d 4[~K che tlorch line of ~4CC ~ad 4 diic4nce o~ ~26.7& ~ceC i pot ' ~ ~ 4 4i.C/aae o~ []&~. II ~eec a ~inc ~ the Vesc linc o( Cop~il ~d .. ~ S. ~' ~l' 30~ V. 4nd a[~ che Veic line of ~p~Lt ~o4d a dticanCC o~ 88Z.0~ ~ ~o ~ ~tnC Ln Chi 8orcb~iiC co.er of a trice a. rKorde~ in Volu~ Z366, pi~e . .-~ vtcb ~e V~mc L~ne o~ s4~d cracc I 4tfciuce of .ZSO.Ofe~c ~ ~tnc loc : ' "~.~lce o~ ~ and conca~nin~ i. GSZ, T~.~ .~4cc fc:C or ]a.&] lores o~ lind · ~.m ~ - ~ . ~ I ~.J