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HomeMy WebLinkAboutOrdinance No. 2015-2137 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2015- p2 i 3 SPECIFIC USE PERMIT FOR TEMPORARY CONCRETE BATCH PLANT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A TEMPORARY CONCRETE BATCH PLANT, ON A 12.25 ACRE PROPERTY LOCATED AT 6001 MAIN STREET, THE COLONY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas, have given any requisite notices by publication and otherwise, and have held due public hearings and afforded a full and fair hearing to all property owners generally and to all persons interested, and the City Council of the City of The Colony, Texas, is of the opinion and finds that Specific Use Permit Application No. SUP 15-0005 for a temporary concrete batch plant located on 6001 Main Street is approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the City Council of the City of The Colony, Texas, does hereby approve the Specific Use Permit. SECTION 3. That it is hereby declared to be the intention of the City Council of the City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause;sentence, paragraph or section. 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 The Colony, as heretofore amended and as amended herein, and the following Special Conditions: A. That the Specific Use Permit be valid and the temporary batch plant shall be operated for a period of thirty-six (36) months from the date of passage of this ordinance. B. That upon expiration of the Specific Use Permit the property shall be cleared of all debris, all dirt work leveled and property returned to its previous condition. C. That the hours of operation shall be between 8:00 a.m. and 4:00 p.m., Monday through Saturday, with no operation on Sunday. D. That all stock piles of materials must be regularly watered and covered to prevent airborne dust and odors. SECTION 4. That any provision of any prior ordinance of the City whether codified or uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 5. That this Ordinance shall become effective immediately upon its passage. DULY PASSED by the City Council of the City of The Colony, Texas, this the 5th day of May, 2015. APPROVED: Ale C 4 E Mc O I RRY, MAYO' 711) CHRISTIE WILSON, CITY SECRETARY 14!11,,,,,,, 4!11,'„,+/slslfsss000000 000000 APPROVED AS TO FORM: •� ,OF .. .CO•_ EFF MOORE, CITY ATTORN ' Attachment 3 6001 Main Street