OR 91-500-A-416 Concrete Batch Plant -Change in zoning from S-1036-HI to S-1036-LIAN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500-A-416
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 S-1036-HI (SPECIAL USE PERMIT-1036-
HEAVY INDUSTRIAL) TO S-1036-LI(CH) (SPECIAL USE PERMIT-1036-
LIGHT INDUSTRIAL-CALLED HEARING) ALLOWING FOR THE
RETENTION OF THE EXISTING CONCRETE BATCH PLANT AS A
CONFORMING USE ON $.$ ACRES OF PROPERTY LOCATED AT 601
S.H. 121, WEST OF ACE LANE, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN; 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-1036-LI(CH) 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 S-1036-H! (Special Use Permit-1036-
Heavy Industrial) to S-1036-L! (Special Use Permit-1036-Light Industrial), allowing for the
retention of the existing concrete batch plant as a conforming use a special use permit, on 5.5 acres
of property located at 601 S.H. 121, west of Ace Lane, 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 a concrete batch plant is hereby approved,
subject to the following special condition:
A) This facility shall be deemed a conforming use, however, any expansion of the use or
structure thereof to this use will require an amendment to this Special Use Permit.
SECTION 3. 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 4. 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 5. 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 6. 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 7. 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 8. 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 ($2,000.00) for each offense; and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 9. That this ordinance shall take effect immediately fi:om and at~er its passage and
the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
,2005.
~CJ~LASq',T. STOVER, MAYOR
_~/~ day of
ROBERT E. HAG/L~ CITY ATTORNEY
(REH/cdb 7126105) t~'
ATTEST:
3 76101
.... ~c ....;n A~ TiiS P. .T ~.F I,~E~,SECT]Oh OF THE r;ORTHWEST LIHE OF STATE HIOHWAY 121 WITH THE
!L'UTH Li~!E t~F SAID B.B.B. & C. R. R. CO. SURVEY (SM1E BEING THE NORTH LINE OF THE T. W.
i;}(JSY SUL'¥EY, AB£T. NO. 317, DALLAS COUNTY, TF×AS); THENCE N 88028'02'' W ALONG THE CO).lllON
L:.![ BETiCEErt S,,ID SU;IVEYS, 90.24 FT. TO THE SOUTHEAST CORNER OF A CERTAIN 437,286 S. F.
F~ACT OF LAICD (SAtlE BEING THE SOUTHEAST CORNER OF SAID 95.36 ACRE BROWNWELL TILACT); THENCE
:, 01:h~'03' E, ALO;iG THE EhSl LINE OF SAID TRACT, 496.0 FT. TO AN IRON ROD AT THE SOUTH-
LksT SORNER OF TI!E SF~ID HiLL TRACTS ARD THE POI!IT DF BEGINNING OF THE TRACT HEREIN DESCRtBEI
7;1£i:S£ ~! ~,$°3,.,'27" W. ALON5 THE SOUTH LINE OF SAID HILL TRACTS, 764.51 FT. TO AN IROH ROD
-,T T;~E SOUT;EST SOR~IEP, OF SAID HILL TRACTS, A POINT IN THE WEST LINE OF A CERTAIN 188,665
S.F. ThACT OF LAND; THENCE !t. 00°29'40"E, ALONG THE ¥~EST LINE OF SAID HILL TRACTS AND OF
:t(E 12,,565 S.F. TRACT, 159.97 FT. TO A POItIT II'l THE CENTERLINE OF DENTON CREEK; THENCE
S:)UTV. EASTE~LY ALL.'~iG THE tIORTH LINE OF SAID HILL TRACTS AS FOLLOWS, ]st. S 65036'48'' E, ALONG
hie CE~iTERL!i;E OF SAID CREEK, 153.46 FT., TO THE MOST ~/ESTERLY CORNER OF A CERTAIH 3.6517
qCRE T.~ACT; 2nd., AT THIS POI!IT LEAVING THE CENTERLINE OF SAID DENTON CREEK, S 88°36'27'' E,
73.2i FT. TU THE SORTHEAST CORe,IR OF SAID HILL TRACT (SAME BEING THE SOUTHEAST CORNER OF
~ :ii 3.6517 ACRE TRACT) A POIIIT IR THE EAST LINE OF SAID 95.36 ACRE BROWNWELL TRACT;
[HE~iCE S gl°OB'D3'' W, ALONG THE EAST LINE OF SAID HILL AHD BRO~INWELL TRACTS 100.0 FT. TO THE
EXI IBIT A
B.S.~.& ~'. R.R. CO. ~URVEY SAtE 8£L&, THE r{CRTH L]N~ CF TRE T .... [OUSY b~RV~Y, ~55~. UO. 3]7, DALLAS COU~TY,
c37,286 S F TRACT CF LA;~D [S/,~J~ 6EH~C T~iE SUUTdEAST ~0R~;~2 CF S/dO BROUr~iELL TRACT); TH~CE r~ 01'05'03" [, ,',LONG
T~ gEED RECORDS OF DALLA~ ~OUNTY, TEXAS (SAri[ BEiI~ PiE fIOR[HE~ST COR~:~R OF A CE~TAIf~ ].B~2~ ACRE TRACT) Atto THE
T~(E~;~[ ~ 88'36'27" t~. ALO~G THE I;ORTI( LINE CF SAiD H~LLT%CTS, 625.2~ FT. TO POINT ;;~ THE CCNTE~LINE OF DE)llO;~ CREEK;
219.8~ FT., 3~. N 04"32'38" E. ZB~.91 rT. TO A PO[)lT 1~' l.:E ;(I~RTH Lif;[ ('F SA~D RAiLrOaD SUAVEY (SAHE 8EI)JG
~XH~BI~ A-2
~- 105(o
~x.[BZT A-3