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HomeMy WebLinkAboutIR 8824INFORMAL REPORT TO CITY COUNCIL MEMBERS t' jFA, To the Mayor and Members of the City Council No. 8824 February 20, 2007 Page 1 of 2 SUBJECT: Status of fill site and rock crushing operation located at 5841 South Freeway This Informal Report provides the current status of the fill site and rock crushing operation located at 5841 South Freeway, also known as 5851 South Freeway, 800 South East Loop 820 and 850 South East Loop 820. Background The property located at 5841 South Freeway is a registered fill site operated by Randle D. Howard of Howard Construction. Additionally, Mr. Howard obtained an Air Quality Standard Permit under Tier II requirements from the Texas Commission on Environmental Quality on January 29, 2007. This permit allows the crusher at this location for 180 non - consecutive calendar days or operation for no more than 1,080 hours, whichever occurs first. No gushing of rock or concrete has begun but preparations are being made. The Code Compliance Department, Environmental Management Department, Legal Department and the Development Department are combining efforts to ensure this operation is conducted in a manner that strictly adheres to all applicable laws. Code Compliance Department The Code Compliance Department has regularly inspected this site since January of 2006. Code Officers have issued four (4) Municipal Court citations for depositing debris other than approved inert fill material. Inspections of this property are now conducted daily and may increase to extended surveillance to ensure that the operation remains lawful. The Code Compliance Department continues to meet regularly with the involved departments to ensure a comprehensive enforcement effort. Environmental Management Department The Department of Environmental Management, under its contract with the Texas Commission on Environmental Quality has inspected the site to ensure that all distance requirements from residential properties have been met. Prior to obtaining the temporary permit, Environmental Management issued the operator a Notice of Violation for beginning construction of the facility prior to obtaining a permit. Since the Tier II permit has been issued, the operator may continue making site preparations. Environmental Management will continue to inspect the site and respond to nuisance dust complaints from the facility as they are received. Development Department The existing zoning on the site is I Light Industrial. To operate a recycling plant (rock or concrete crusher) for non - public works purposes, a Planned Development Specific Use (PD/SU) zoning designation is required. An application to rezone the property to PD /SU for all uses in I Light Industrial, plus concrete recycling with a site plan was submitted and presented to the Zoning Commission on January 10, 2007. The applicant's representative requested a 90 day continuation to work with the neighborhood and other interested parties on the details of this operation. The Zoning Commission is scheduled to consider this zoning request on April 11, 2007. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8824 To the Mayor and Members of the City Council February 20, 2007 �*fth- Page 2 of 2 SUBJECT: Status of fill site and rock crushing operation located at 5841 ,�. South Freeway The Development Department has interpreted that the operation of a rock crusher related to a public works project is a temporary use and is allowed under the existing zoning of I tight Industrial. It is the understanding that the use of the crusher is related to a TxDOT project for the 1 -35W and 1 -20 interchange. The Development Department has informed the operator that a PD zoning designation would be required N the scope of work at this site deviates from the TxDot public works project. Additionally, if the operator was to remove other concrete or rock already deposited on the site, that would be classified as `mining" and, under the Zoning Ordinance, would require a PD zoning designation as well. Not withstanding the zoning designation of the site, the operation will be required to comply with all applicable State and Local laws and regulations. Law Department It is Law's opinion that in order to begin operation as a commercial provider (non - public works), the orooertv would need to be rezoned to a Planned Development Specific Use (PD /SU). The involved departments will continue to collaborate and monitor this issue to help ensure that the site remains in compliance with the City's ordinances. We will also provide future updates to Council and respond to any questions you may have. If you have any questions, please contact Libby Watson, Assistant City Manager, at 817 -392- 6183. Q. Charles R. Boswell City Manager issuEn RY THE CITY MANAGER FORT WORTH, TEXAS