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OR 297-A-53 Gifford Hill Concrete AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 297A53 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICATION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the Governing Body of the City of Coppe]l, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, 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, the said Governing Body is of the opinion that said change of zoning, which is on application of Gifford Hill Concrete Co. No. S-1036, should be granted and the Comprehensive Zoning Ordinance of the City of Coppell should be amended in the exercise of its legislative discretion. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be and the same is hereby amended by amending the Zoning Map of the City of Coppell, to give the hereinafter described property a new zoning district classification, to-wit: "HI-SUP" Heavy Industrial District Classification with a Special Use Permit to allow the continued use of an existing concrete batch plant. Said property being described as follows: BEING a tract of land described in attached Exhibit "A" and located in the City of Coppell, Texas. Said property also shown on the attached location plan. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, 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 5. 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, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare of the City. Therefore, this ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of {~_ , 1989. APPROVED: MAYOR/ ATTEST: ~/~IT~"~ECRETARY ROVED AS TO ,FORM: ~/- CITY ATT~~- CZ89-0621 S-1036 .... ,,r~(-f~r. A~ T~iE P~_~I¥ ,~'.F I~ITERSECTIO~ OF THE r~ORTHWEST LINE OF STATE HIGHWAY 121 WITH-THE "(]UTH Li:!E OF SA,'D B.B.B. & C. P,. R. CO. SURVEY (SAME BEING THE NORTH LINE OF'THE T. W. .,,u~Y SU2VEY, ABST ,0. 317, DALLAS COUNTY, TJ:XAS); THENCE N 88°28'02" W ALONG THE COMIION :!E BET~dEEIi SAID ~,U,,VEYS, 90.24 FT. TO THE SOUTHEAST CORNER OF A CERTAIN 437,286 S. F. ,n.~T OF LAND (SAI.1E BEING THE SOUTHEAST CORNER OF SAID 95.36 ACRE BROWNWELL TRACT); THENCE ~: 01~'~:.'03'' E, ALO:JG THE EASF LINE OF SAID TRACT, 496.0 FT. TO AN IRON ROD AT THE SOUTII- :~SF. "'-""~-~..v~,,~., ~,' ~- T~!E.. S~ID ',fiLL TRACTS AhD THE POI.qT OF BEGINNING OF THE TRACT HEREIN DESCRIBE[ 7 ~ ' '-- : ' ~' ~-- ' ' '' ['~J 'f~ ~ 03~ ~ ' '--/r~ .... W . ALOPIG THE SOUTH LINE OF SAID HILL TRACTS, 764'51 FT' TO AN IRON ROD ' '" .''T T;tZ S~)UT'dEST COR~ER, OF, SAID HIoLL TRA, TS, A POINT IN THE WEST LINE OF A CERTAIN 188,565 S.F. TkACT OF LAND; THENCE N. 00'29 40 E, ALONG THE WEST LINE OF SAiD HILL TI~ACTS AND OF TUF 1,"~,,565 S.F. TRACT, 159.97 FT. TO A POIIIT Iii THE CENTERLINE OF DENTON CREEK; THENCE ' S ~UTI-!E;~STE~LY ALL)hG THE ~IORTH L~NE OF SAID HILL TRACTS AS FOLLOWS, 1st. S 65~36'48'' E, ALONG " ~nE u~l~,~k~.Ti~E OF SA~D CP, EEK, 153.46 FT., TO THE MOST IJESTERLY CORNER OF A CERTAIN 3.6517 .~::~E T:/\CT; 2nd., AT TH~S POI!iT LEAVING THE CENTERLINE OF SAID DENTON CREEK, S 88°36'27" E, .... :J. FT Tf] THE .~RTHEA~T COR[~ER OF SAID HILL TRACT (SAME BEING THE SOUTHEAST CORNER OF -- .~C,,_ TRACT) A F'OI,'IT Itl THE EAST LINE OF SAID 95.36 ACRE BROWNWELL TRACT; ~'HEfiCE S fl1°05'03'' ~d, ALORG THE EAST LINE OF SAID HILL Al'ID BRO[INWELL TRACTS 100.0 FT. TO THE ":::T :'.: ........ "~-^~q''~''^:~ . ,,.~o ~..P.~' C(dTAI~I'"'~, 1.857 aCRES (59,071 SQ. FT.) OF LAND. EXHIBIT SOIL~!ENCING AT THE POINT ;IF I~;TERSECTIOI~ <~F THE NO~THWEST Li;![ [)F STATE H;GH~;AY HO. 121 WITH THE S(;UTH LINE OF SAI[] B.B.B.& C. R.R. CO. SURVEY (SA~IE BEI~iG THE NORTH LINE ~F T~IE T. W. COUSY SURVEY, ABST. NO. 317, DALLAS COUNTY, TE~,S~ THENCE ~] 88°28'02'' W ALGHG THE COMHON LINE BET~iEEN SAID SURVEYS. 90.24 FT. TO T~E S~UTHEAST CORNER OF A CERTAiH c37,2~6 S. F. TRACT '~ L~,~J (SA~[ BEING T:IE SOUTHEAST CORN[~ CF SAiD BROWNWELL TRACT); THENCE N 01~05'03'' E, ALONG THE EAST LINE OF SAiO TRACT, 596.0 FT. TO AN iRON ROD AT THE PiORTHEAST CORNER ~]F A TRACT CONVEYED BY ~EED TO DALE q[LL AND RECORDED I!~ '~OL. 1237, PG. 438 OF TUE DEED RECOF~DS OF ,]E~;T(~ COUNTY, TEXAS AND IN VOL. 83143, PG. 3453 OF TW[ DEED RECORDS OF DALLAS COUNTY, TEXAS (SAdiE BEING TH[ NORTHEAST CORNER OF A CE~TAI~ i.5528 ACRE TRACT) AND THE PC,~T OF BEGINNING OF TIlE TRACT HEREI~ DESCRIBED: Ti~E~I.]E N 88036'27'' W, ALONG THE NORTtl LINE OF SAiD HILLTF~CTS, 625.21 FT. TO POINT iN THE CENTER/INE OF DENTON CREEK; THE~:CE NORTHEASTERLY ALONG THE CENTERLINE OF SAiD CREEK AS FOLLO$1S: Ist. Fl 82~03'24'' E, 206.8 FT.; 2nd N. 38~32'16'' 219.89 FT., 3RD. N 04~32'32'' E, 285.91 FT. TO A POINT [~ T;~[ N(DRTH L;LE (IF SAID RAILROAD SURVEY (SAME BEING THE NORTH LINE OF SAID 95.36 ACRE BROWNWELL TRACT); TItENCE S 8~2~'12'' E, AL()NG THE NORTH LINE OF SAID SURVEY, 270.0 TO AN IRON ROD BY A FENCE POST AT THE NORTHEAST CORNER OF Sz',ID BDOWNWELL 95.36 ACRE TRACT: THENCE S 01~05'03'' W, ALt~I~G THE EAST LINE OF SAID BROWNNELL TRACT, 493.66 FT. TO THE POINT CF BEGINNING AND CONTAINING 3.6517 ACRES (159,068 S. F.) OF NHICH 0.7613 ACRES LiE NITHI:'i THE i0~ Y:~. FLOOD FLOOD LEAVING A NET REI.~AINDER OF 2.8904 ACRES (125,a~6 SQ. FT) OF EXHIBIT ',\