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OR 91-500-A-417 Temporary Concrete Batch Plant - Changing zoning from LI to S-1225-LIAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-417 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 LI (LIGHT INDUSTRIAL) TO S-1225-LI (SPECIAL USE PERMIT-1225-LIGHT INDUSTRIAL), TO ALLOW THE OPERATION OF A TEMPORARY CONCRETE BATCH PLANT FOR A TIME PERIOD NOT TO EXCEED TWO HUNDRED AND SEVENTY (270) CALENDAR DAYS ON 16 ACRES OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF BELTLINE ROAD AND AIRLINE DRIVE (PARK WEST COMMERCE CENTER, LOT 2R-3, BLOCK 2), 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-1225-LI 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 LI (Light Industrial) to S-1225-LI (Special Use Permit-1225-Light Industrial), to allow the operation of a temporary concrete batch plant for a time period not to exceed two hundred seventy (270) calendar days on 16 acres, more or less, of property located at the northwest corner of Beltline Road and Airline Drive (Park West Commerce Center, Lot 2R-3, Block 2), 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 temporary concrete batch plant is hereby approved, subject to the following special conditions: A) This batch plant or accessory building facility shall be relocated from this property prior to any above ground construction and placement of any vertical wall construction. B) The applicant shall provide to the City copies of all applications and permits from Texas Commission on Environmental Quality, or its successor concerning the operation of such batch plant. C) This temporary concrete batch plat shall be permitted to remain operational for a period not to exceed two hundred seventy (270) calendar days from the date of Ordinance adoption. D) The applicants shall maintain the required permits from the Texas Commission on Environmental Quality to operate such facility. SECTION 3. That the Site Plan attached hereto as Exhibit "B" shall be made a part hereof for all purposes, are hereby approved and such site shall be maintained therewith as a special condition. 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 ~ day of , 2005. / -.2 D( AS"N."S"TOVER, MAYOR ATTEST: ROBERT E. HAGF~CITY ATTORNEY L/ (REPdcdb 7/26/05) 4 76098 LEGAL DESCRIPTION DE~C~IFIlON, of a 18.800 ~ troct of land Mtuatod In the Jam~l A. Simmone Sun~)~.Abltract No. 1296, In the City of Col)poll, D~II~I Count~.T_exol, ?nd.~_~..g oil_ of .BIo~. ~-2 ~ ?_<~___WMt C~n. m?? ?m.? ~1 ~ ~ Volume. 2000242, Puge 1144 of the DeE4 I~ecorae o~ uona, t;ounzy. Jexa~; lam ~.,uu late ~r~ot of lung ~ more particularly BEGINNING, ot o 1/2-1nth Iran rod wlth 'HAi. I~ ASSOC' cap found ot the m~t lauth~ty point of a 3~00 foot radial ~m~r clip located on the c~mmm line betwlan the north right--of-way of Airline Driw (o ~lol)le Mclth n~ht--of-~ay, 93 flat *dde at thl~ po/nt) and the wont right-of-way Ilne of BoltJln® Road ((~ 120 foot Mole right-of-way at thk paint);, 1HEN(~, .long the laid north line of Ak~l.e Dn~ the ~llo~lng thrl~ caurl~ .nd di. ton~on; North 8g degr~M. 0~ mlnuto,. 46 Nconde ~ · dl~tm~ of 126.02 f~t to · 1/2' Ir.n rod found f.r South 75 degrNI, 57 minutia, 33 .la~dl ~ · diltm~e of 6~05 flat to o 1/2" Ir<m md found for com~, Airline Drlv~ I~g · 60 f~ ~ rlg~t--of-~y ot thk point; found; laid point beklg the laumla.t c~1~ ~ I.~t..~< :~, .m~m z. ~ .~ ~_~ ~t~, m ~ ~ ~ R~I ~ Dali. ~nt~ lex~ I~Ii~ICE, No~h O0 degr~ 53 minute, 1/~ elaonO, Ea~, d~partlng the laid nor~ ITne of AMino Drlw and along tho ea~ line of iold LDt 2R-2. a dlltonc~ of 1003.40 f~t to a 1//2-Inch Iron rod ~ 'P?ch..eoo Koch' cap found for onml~,.lald point I~lng iMat recorded In Volume 9322~, Page 28e4 of file Died R~mrc~ of Dalloe ~nty. ~exa.~ 1HE~IC~, South 89 dlgrlM, O~ mlnut~l, 01 N~md8 ~.,~; d~ng the ~outh line of ~d 8k~ 1; a dl~ to a 1/2" Ir<m md ~!~ "HAl.FI= ASSOC' ~ found for ~m~r In tho ~ ~ I~ne of Bolt L~ 1HENCe, South 01 degrNe, 15 minute, 30 N(~ndl W~. ol.ang.the laid feet line of Bdt Line Road, a clMtonM of COg.00 feet to tho north end of laid curMngeemer ollp .M~.0N (mnT. M' oT lam oomir (dip bear~ N(x~h ~ de,'Ne. 4~. mlnutie. 30 Nonndl ~II~CE. dong .Id ~r~ng comer dip ?ri_d_ n..ottO. ~gllt-of-.loy. line o.t Alrlln. o _.~ thro~. ~ ? c~?_t~, mglo ~f 89 d~ 37 mlnute~, 4/. lacondm m otc dl.toncm of ~..-~ ~ on = cnof. ~g mo ~ce ~ ~oum ,~ ~ 04. minute.. 22 ,.cond~ ~ 5~57 f~et to tho P(~NT OF BE~INNIN~ COhlTAiNIN~, 731,815 ~ or 16.800 .cron of I.nd, more m' IMI. ~.x H £BIT 'A"