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OR 91-500-A-117 Allows temporary concrete batch plant for 90 days ORDINANCE NO 91500A117 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "SF-12" (SINGLE FAMILY-12) TO "SF-12-S.U.P." (SINGLE FAMILY-12, SPECIAL USE PERMIT), WITH SPECIAL CONDITIONS, TO ALLOW A TEMPORARY CONCRETE BATCH PLANT FOR NINETY (90) DAYS ON PROPERTY LOCATED WEST OF THE INTERSECTION OF PARKWAY BOULEVARD AND COWBOY DRIVE, COPPELL, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXHIBIT "B"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission of the City of Coppell and the governing body of the City of Coppell in compliance with the laws of the State of Texas, and the ordinances of the City of Coppell, have given requisite notice 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-1100 should be approved, and in the exercise of its 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 on the 6th day of February, 1979, as heretofore amended, be, and the same are hereby, amended by granting a change in zoning from "SF-12" (Single Family-12) to "SF-12- S.U.P." (Single Family-12, Special Use Permit), with special conditions, to allow a -1- AGG07D65 temporary concrete batch plant for ninety (90) days on property located west of the intersection of Parkway Boulevard and Cowboy Drive, Coppell, Dallas County, Texas, and being more specifically described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the change in zoning for Special Use Permit to allow a temporary concrete batch plant is hereby granted subject to the following special conditions: (A) The property shall be developed and used only for a temporary concrete batch plant in accordance with the Site Plan attached hereto as Exhibit "B"; (B) The use of the property for the operation of the temporary concrete batch plant shall be limited to a period of ninety (90) days commencing on the effective date of this ordinance; and (C)A permit be obtained from the State. SECTION 3. That the property shall be developed and used only in accordance with the Site Plan attached hereto as Exhibit "B", and made a part hereof for all purposes, are 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 all provisions of the ordinances of the City of Coppell in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Coppell not in conflict with the -2- AGG07D65 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 invalid, illegal or unconstitutional, 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 the 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 ($2,000.00) Dollars for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas this the /.~ ~ -3- AGG07D65 APPRO,VED: '":~rOM MORTON, MAYOR A'I-I'EST: LINDA GRAU, CITY ~ECRETARY APPROVED AS TO FORM: P--E'FE~ g. SlVI~H, CITY ATTORNEY (PGS/ct 1/25/96) -4- AGG07D65 OWNERS CERTIF~CAT~ AND E ,TIQN STATE OF TEXA~ § COUNTY OF DALLAS § Whereas, BRISCOE CLARK CO., LTD., is the owner of a tract of land situated in the Clarinda Squires Survey, Abstract No. 1327 and the S.A. & M.G.R.R. Survey, Abstract No. 1430 in the City of Coppell, Dallas County, Texas and being part of a tract of land as described in deed from Good Financial Corporation to Douglas Adkins, Trustee, as recorded in Volume 76188, Page 2355 of the Deed Records of Dallas County, Texas and being more particularly described as follows: COMMENCING at a point of intersection of the southwesterly line of Parkway Boulevard (an 85 foot right-of-way) with the northwesterly line of High School Access Road (a 60 foot right-of- way), said point also being in a curve to the right running in a northwesterly direction and having a central angle of 00027'52'' and a radius of 862.50 feet; Thence along said curve, and the said southwesterly line of Parkway Boulevard to the POINT OF BEGINNING, an iron rod for corner, said point also being in another' curve to the right running in a northwesterly direction and having a cerltral angle of 16002'58'' a radius of 862.50 feet and a chord bearing of N.50o56'39"W.; THENCE along said curve, and leaving the said southwesterly line of Parkway Boulevard, 241.60 feet to the end of said curve, an iron rod for corner being in the center of a creek; THENCE along the meanders of the said center of a creek the following courses and distances; S.85°55'34"W., 24.60 feet to an iron rod for corner; Thence S.83°30'30"W., 101.04 feet to an iron rod for corner; Thence S.88°35'04"W., 100.46 feet to an iron rod for corner; Thence S.84°29'46"W., 98.48 feet to an iron rod for corner; Thence S.77°25'39"W., 104.42 feet to an iron rod for corner; Thence S.88°43'49"W., 98.18 feet to an iron rod for corner; Thence N 62°40'58"W. 113.41 feet to an iron rod for corner; Thence N 67°41'27"W. 104.81 feet to an iron rod for corner; Thence N 74°10'03"W. 105.76 feet to an Iron rod for corner; Thence N 48°16'59"W. 132.56 feet to an iron rod for corner; Thence N 56°38'08"W. 119.30 feet to an iron rod for corner; Thence N 84°56'17"W. 99.98 feet to an ~ron rod for corner; Thence N 83~02'37"W. 112.87 feet to an iron rod for corner; Thence S 88°17'59"W. 88.13 feet to an ~ron rod for corner; Thence S 89~18'45"W. 100.34 feet_ to an iron rod for corner; Thence N 87°38'48"W. 99.95 feet to an iron rod for corner; Thence S 87°19'03"W. 172.64 feet to an iron rod for corner; THENCE N.03o32'04"W., 92.97 feet leaving the said meanders of the center line of a creek to an iron rod for corner; THENCE N.01°08'08"W., 1031.51 feet to an iron rod for corner, and being in a curve to the right running in an easterly direction and having a central angle of 00°05'40'' a radius of 827.34 feet and a chord bearing of N.88o~5'42"E.; THENCE along said curve 1.36 feet to the end of said curve, an iron rod for corner; THENCE N.01"15'51"W., 960.09 feet to an iron rod for corner, and being in the center of a creek; THENCE along the meanders of the said center of a creek the following courses and distances; S.67°02'03"E., 29.31 feet to an iron rod for corner; Thence S.81°23'23"E., 55.70 feet to an iron rod for corner; Thence S.57°31'53"E., 89.60 feet to an ~ron rod for corner; Thence S.35°41'23"E., 101.30 feet to an iron rod for corner; Thence S.72°56'23"E., 160.70 feet to an iron rod for corner; Thence S.82°26'23"E., 69.70 feet to an iron rod for corner; Thence S.65°41'23"E., 262.00 feet to an iron rod for corner; Thence S.89°39'23"E. , 184.78 feet to an iron rod for THENCE S.31°10'51"E., 1466.96 feet leaving the said ¢'erlter a creek to an iron rod for corner; T~ENCE S.41"10'51"E., 115.77 feet to an iron rod for corner; THENCE S.04"43'22"E., 382.29 feet to an iron rod for corner; THENCE S.55"16'19"W., 77.98 feet to an iron rod for corner; THENCE S.34°43'41"E., 116.52 feet to an iron rod for corner and being the beginning of a curve to the left having a central angle 24o14'26" a radius o~ 777.50 feet and a chord bearLng S.46050'55"E.; THENCE along said curve 328.94 feet to the end of said curve, an iron rod for corner; THENCE S.31~01'52"W., 85.00 feet to the Point of Beginning and containing 62.661 acres (2,729,502 square feet} of land.