Ordinance 1996-17
ORDINANCE NO. 1Yo- ) 7
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE AS
HERETOFORE AMENDED SO AS TO GRANT A SPECIFIC USE PERMIT
FOR A PERMANENT BATCH PLANT AS HEREIN DEFINED ON A TRACT
OF LAND DESCRIBED AS ABSTRACT 266, TRACT 26, ALSO BEING 1502
WEST KIRBY; PROVIDING FOR A SEVERABILITY CLAUSE; AND
REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, a Specific Use Permit for a permanent batch plant has been requested
by Bodin Concrete for the property described as Abstract 266, Tract 26 and being 1502
West Kirby; and,
WHEREAS, the Planning and Zoning Commission of the City of Wylie and the
governing body of the City of Wylie, in compliance with the laws of the State of Texas and
the ordinances of the City of Wylie, have given the requisite notices by publication and
otherwise, and have held public hearings and afforded a full and fair hearing to all property
owners generally, and to all persons interested in and situated in the affected area and in
the vicinity thereof, the governing body in the exercise of its legislative discretion has
concluded that the Comprehensive Zoning Ordinance of the City of Wylie should be
amended as follows:
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie,
Texas:
SECTION 1
That the Comprehensive Zoning Ordinance of the City of Wylie, as heretofore
amended, be and the same is hereby amended so as to grant a Specific Use Permit for a
permanent batch plant as provided herein on the following described property:
Abstract 266, Tract 26 and being 1502 West Kirby
and further described on the approved site plan attached hereto as Exhibit "A".
SECTION 2
That the Specific Use Permit shall be subject to the following special conditions:
1. Obtain appropriate permit or exemption from the Texas Natural
Resources Conservation Commission (TNRCC) and must comply
with the conditions of the Standard Exemption List as follows:
Any permanently or temporarily located concrete plant that accomplishes wet
batching, dry batching, or central mixing, and operates in compliance with
the following conditions:
(a) All stockpiles shall be sprinkled with water and/or dust-
suppressant chemicals as necessary to achieve maximum
control of dust emissions. The stockpile sprinkler system shall
be operable at all times.
(b) A mechanism shall be installed on each bulk storage silo to
warn operators when the silo is full.
(c) All permanent in-plant roads (batch truck and material delivery
truck roads) shall be pave with a cohesive hard surface that
can be repeatedly swept, washed, and maintained intact and
cleaned as necessary to achieve maximum control of dust
emissions. All batch trucks and material delivery trucks shall
remain on a paved surface when entering, conducting primary
function, and leaving the property. Other areas on the
property subject to vehicle traffic shall be watered, treated with
dust suppressant chemicals, oiled, or paved and cleaned as
necessary to achieve maximum control of dust emissions.
(d) The cement weigh hopper shall be vented to its own fabric
filter or the central collection system specified in condition (f).
(e) All bulk storage silos shall be equipped with fabric filter(s)
having a maximum filtering velocity of 4.0 feet per minute
(ftlmin) with mechanical cleaning or 7.0 ftlmin with automatic
air cleaning or shall be vented to the central collection system
specified in condition (f).
(f) The dust emissions at the batch drop point (drum feed for
central mix plants) shall be controlled by a shroud or other
pickup device delivering a minimum of 4,000 actual cubic feet
per minute of air to a fabric filter with automatic air cleaning
and a 7.0 ftlmin maximum filtering velocity, or automatic
sequenced mechanical cleaning (not manually activated) and
a 5.25 ftlmin maximum filtering velocity.
(g) Unless the facility is to be located temporarily in or contiguous
to the right-of-way of a public works project, public notice and
opportunity for public hearing, as specified in Section
116.10(a) (3) and (4) and (b), must be published and
documentation provided to the Texas Natural Resource
Conservation Commission (TNRCC). A temporarily located
plant exempt from public notice may provide concrete for the
same contractor for project segments with the same
governmental entity, but may not produce concrete for other
unrelated projects or other governmental entities.
(h) Spillage of cement and fly ash used in the batch shall be
cleaned up immediately and contained or dampened so that
dust emissions from wind erosion and/or vehicle traffic are
minimized.
(i) All open-bodied vehicles transporting material from a dry batch
plant to the paving mixer( s) shall be loaded with a final layer
of wet sand and/or the truck shall be covered with a tarp to
reduce the emissions of dust to the minimum level possible
under existing conditions.
U) Before construction of the facility begins, written site approval
shall be received from the Executive Director of the TNRCC,
and the facility shall be registered with the TNRCC Office of
Air Quality in Austin using Form PI-7, including a current
TNRCC table 20.
2. Comply with all other provisions and the requirements pertaining to
manufacturing processes in the Industrial District "I" of the
Comprehensive Zoning Ordinance including smoke, particulate
matter, dust, odor, gas, fumes, glare, vibration, noise, and water
pollution.
SECTION 3
That the above described tract of land shall be used only in the manner and for the
purposes provided for in the Comprehensive Zoning Ordinance of the City of Wylie as
heretofore amended, as amended herein by granting of this Specific Use Permit and as
may be amended in the future.
SECTION 4
That all ordinances of the City of Wylie in conflict with the provisions of this
ordinance be, and the same are hereby repealed to the extent of that conflict.
SECTION 5
Any person violating the provisions of this ordinance, or any pat hereof, shall be
guilty of committing an unlawful act and shall be subject to the general penalty provisions
of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended.
SECTION 6
If any section, paragraph, or provision of this ordinance or the application of that
section, paragraph, or provision to any person, firm, corporation or situation is for any
reason judged invalid, the adjudication shall not affect any other section, paragraph, or
provision of this ordinance or the application of any other section, paragraph or provision
to any other person, firm, corporation or situation, nor shall adjudication affect any other
section, paragraph, or provision of the Comprehensive Zoning Ordinance No. 85-23A of
the City of Wylie, Texas, and the City Council declares that it would have adopted the valid
portions and applications of the ordinance without the invalid parts and to this end the
provisions for this ordinance are declared to be severable.
SECTION 7
That this ordinance shall take effect immediately from and after its passage and the
publication of the caption of said ordinance as the law in such cases provides.
DULY PASSED AND APPROVED this 26th day of March, 1996.
ATTEST
THE WYLIE l,~WS P.O. Box 369 Wylie, Texas 75098
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock, of THE WYLIE
NEWS, a newspaper regularly published in Collin County, Texas and having general circulation in Collin
County, Texas, who being by me duly sworn deposed and says that the forgoing attached
('7TV ()F (~IVI T~ ()hrl,rvtrt~n~o NO 9h-17
Aptr,i.e 1 ~ , 1996 and ,1996.
i
Ch' Engbrock
Subscribed and sworn to before me this the f~ day of ^ , 1996
to certify which witness my hand and seal of office.
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Margaret Cook
Notary Public in and for
The State of Texas
My Commission Expires 9-24-97
Serving Wideawake Wylie Since 1947
CITY OF WYLIE, TEXAS
ORI?Il~tANCE Ni3 %-17
AN ORDINANCE OF THE CITY
OF WYLIE, TEXAS, AIVIENDING
THE COMPREHENSIVE ZONING
ORDINANCE OF TH~ CITY OF
WYLIE AS HERETOFORE
AMEND$D SO AS TO GRANT A
SPECIFIC USE PERMIT FOR A
PERMANENT BATCH PLANT
AS HEREIN DEFINED ON A
TRACT OF LAND DESCRIBED
AS ABSTRACT 266, TRACT 26,
ALSO ~BEING 1502 WEST
KIRBY; PROVIDING FOR A
SEVERABILITY CLAUSE; AND
REPEALINGALL CONFLICTING
ORDINANCES; PROVIDING FOR
AN EFFECTNE DATE.
CITY OF WYLIE
Susan She?ler,
Gity Se~retarv 46-1t-339