Title
Public Hearing to Consider Proposed Amendments of Chapter 155 of the Mansfield Code of Ordinances to Repeal the Regulations in Section 155.082(E)(8) Related to a Special Exception for Temporary Batch Plants and to Amend the Regulations in Section 155.099(B)(23) Related to Temporary Batch Plants (OA#23-012)
Requested Action
To consider the proposed text amendment
Recommendation
The Department of Planning and Development Services recommends approval of the text amendment.
Description/History
At the direction of the City Council, the zoning regulations for temporary batch plants are proposed to be amended to: (i) protect and preserve the health, safety, and welfare of the community; (ii) bring them into greater conformance with State law; and (iii) require that notice be sent to adjacent property owners to advise of a temporary batch plant permit application.
Temporary batch plants are regulated by the Texas Commission on Environmental Quality (TCEQ) and operate under a state permit. The City may issue a municipal permit for a temporary batch plant, but it is important to note that the City is pre-empted by State law from regulating the placement, duration, or operations of a plant operating under a TCEQ permit.
The proposed amendments will accomplish the following:
• Repeal Section 155.082(E)(8) --- and replace it with “Reserved” for future use --- of the Code of Ordinances which authorized the Board of Adjustment to grant Special Exceptions for temporary batch plants located less than 300 feet from a protected use or to be located on a property longer than 120 days.
• Delete provisions in Section 155.099(B)(23) that are in conflict with State law related to temporary batch plants and adds the following requirements:
1. Requires the temporary batch plant operator to submit information on the location, duration and operations of the plant and written certification that the temporary batch plant will comply with all applicable laws, regulations, and rules.
2. Requires information regarding the location and operation of the temporary batch plant in order for the City to send written notice to the property owners within 250 feet of the property on which the plant is to be located.
3. No more than one (1) temporary batch plant may be permitted on a piece of property at a time.
Prepared By
Art Wright, AICP
Principal Planner
817-276-4226
Attachments
Redlined Amendments