Loading...
OR 91-500-A-349 Operation of a concrete batch plantAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-349 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 "PD-186R$-LI" (PLANNED DEVELOPMENT DISTRICT 186RS-LIGHT INDUSTRIAL) TO "PD- 186R$-LI-S-1207" (PLANNED DEVELOPMENT DISTRICT 186RS-LIGHT INDUSTRIAL- SPECIAL USE PERMIT 1207) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A CONCRETE BATCH PLANT FOR A PERIOD NOT TO EXCEED ONE HUNDRED AND EIGHTY (180) DAYS ON APPROXIMATELY 0.92 OF AN ACRE OF PROPERTY LOCATED ALONG FREEPORT PARKWAY, APPROXIMATELY 325 FEET SOUTH OF THE INTERSECTION OF RUBY ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, ATTACHED HERETO AS EXHIBIT "B"; PROVIDING FOR SPECIAL CONDITIONS; 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 Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, 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-1207 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: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, 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 "PD-186R5-LI" (Planned Development District 186R5-Light Industrial) to "PD- 186R5-LI- SUP- 1207" (Planned Development District 186R5- Light Industrial-Special Use Permit-1207) to grant a special use permit for the operation of a temporary concrete batch plant not to exceed a period of one hundred and eighty days (180) located on Freeport Parkway, on approximately 0.92 of an acre of property located on Freeport Parkway, approximately 325 feet south of the intersection of Ruby Road, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes, subject to special conditions. SECTION 2. That the Special Use Permit for the temporary concrete batch plant is hereby approved subject to the following special conditions: (A) The concrete batch plant shall be permitted to remain operational on the subject site for a period not to exceed one hundred and eighty (180) days from the date of passage of this ordinance. (B) That all permits required by the Texas Commission on Environmental Quality be maintained during operation of the plant and a copy of the same shall be provided to City staff. (C) Upon expiration of the SUP, the applicant shall restore the subject site to its original condition and the area in which the plant was occupying shall become part of the parking lot for the project. (D) That the applicant shall be permitted to provide concrete service only to the site, being Lot 3R, Block A of the Duke-Freeport Addition, on which it is located. (E) That the applicant shall supply, install and maintain the appropriate traffic control devices in compliance with the Texas Manual on Uniform Traffic Control Devices. (F) That the applicant shall comply with all ordinances of the City of Coppell relating to this temporary use granted herein. (G) That the applicant shall reduce construction traffic on Freeport Parkway by utilizing Royal Lane and Creekview to stage truck traffic in and out of the batch plant site. (H) That the applicant shall install and maintain a fire lane prior to and during the operation of the batch plant on this project and shall address all Fire and Engineering comments before and during the use of the concrete batch plant. SECTION 3. That the Site Plan, attached hereto as Exhibit "B" 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 amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances 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 7. 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 8. 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. SECTION 9. 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 10. That this 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 8 ~ day of ATTEST: - LIB1~Y BAL~~ ~-EC-RETA~Y APPROVED AS TO FORM: ROBERT E. HAGER~ CITY ATTFORNEY (REH/cdb 3/24/03) 4 54791 LEGAL DESCliIPTION POTTER CONCRETE BATCH PLANT BEGINING AT A POINT FOR CORNER AT THE NORTHEAST CORNER OF THE BATCH PLANT; SAID POINT BEING LOCATED S 89- 05'-59" E 356.33' AND S 0- 54'-00" VV 329.00' FROM THE NORTHWEST PROPERTY CORNER OF LOT 3R, BLOCK A OF THE DUKE-FREEPORT ADDITION, CITY OF COPPELL, TX. THENCE S 0-54'-00" W 200.00' TO A POINT FOR CORNER BEING THE SOUTHEAST CORNER OF SAID BATCH PLANT. THENCE N 89-06'-00" W 200.00' TO A POINT FOR CORNER BEING THE SOUTHWEST CORNER OF SAID BATCH PLANT. THENCE N 0-54'-00" E 200.00' TO A POINT FOR CORNER BEING THE NORTHWEST CORNER OF SAID BATCH PLANT. THENCE S 89-06'-00" E 200.00' TO THE POINT IF BEGINING CONTAINIG 40,000.00 SQ. FT. OR 0.9183 ACRES OF LAND. EXHIBIT ~,~ '~ PROP~ 1(] RUBY ROAD 5'14'29" R=240.00' T=32.11' L=63.84' CH=N 02'50'50" CD=65.65' )T 3R-X1, BLOCK A DUKE-FREEPORT ADDITION 5.000 ACRES PROPOSED DETENTION POND W ,,'BAND '\\ \ \ \ \ \ \ \ \,, \ FUTURE MEDIAN OPENING E~IBIT \ \ 8' PAVER \ \ \ \ \ \ \ \ ..... L_2 STORY___ i OFFICE ?,ooo fro. i PI SCREEN WALL ;IGHT OF SCREEN WALL BE GREATER ;THAN HEIGH~ OF THE GENANA'I TI'~E ~ ; pRoPOSEDiGENERATOR PAD i r SCREENING WALL DUMPSTER LOCATION LANDSCAPE AREA