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OR 91-500-A-298 To LI-SUP grant a special use permit, operation of a concrete batch plantAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-298 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 "LI-S.U.P." (LIGHT INDUSTRIAL-SPECIAL USE PERMIT) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A CONCRETE BATCH PLANT ON APPROXIMATELY 1.16 ACRES OF PROPERTY LOCATED APPROXIMATELY 900 FEET WEST OF THE INTERSECTION OF CREEKVIEW AND ROYAL, 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-1186 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 "LI-S.U.P." (Light Industrial- Special Use Permit-1186) to grant a special use permit for the operation of a concrete batch plant located on approximately 1.16 acres of property located approximately 900 feet wets of the intersection of Creekview and Royal, on the west side of Creekview Drive, subject to special conditions, for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the Special Use Permit for a 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 (1) year from the date of passage of this ordinance. (B) That all permits required by the Texas Natural Resource Conservation Commission 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. 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 fi.om 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 10th day of July, 2001. U ----t~' APPROVED: ,/,~ //~ CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPRO~D ~' ~ORM: ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 6/2~'f ~1) 3 41810 BEGINNING AT A POINT FOR CORNER AT THE SOUTHEAST CORNER OF A SILT FENCE FOR THE POTTER PLANT # 16. SA~D PONIT BEING LOCATED S 0~)ff-$0" E 121.8' AND S 8~50'-30" W 59.0' FROM THE NORHTWEST CORNER OF LOT 2, BLOCK A OF THE FREEPORT NORTFI ADDITION (VOL. 2000102, PG. 4826) CRY OF COPPEL, TX. THENCE S 87-34'-57"W 12...?~ TO A FNECE CORNER THENCE N :34-4~'-59" W 49.40' TO A FENCE CORNER THENCE N 60..58'-~ 58.90' TO A FENCE CORNER THENCE N 86-55'-28"W 94.46 TO A FENCE CORNER THENCE N 4-36'--01"W 45.73' TO A ,FENCE CORNER THENCE N 10-01'30"W 38.93' TO A FENCE CORNER THENCE N 9-37'41"E 30.22' TO A FENCE CORNER THENCE N 21-36"43"E 104.45' TO A FENCE CORNER THENCE N 29-51'-59"E 50.21' TO A FENCE CORNER THENCE N 38-36'44"E 20.2'Z TO A FNECE CORNER THENCE N 57-17'13"E 18.35' TO A FENCE CORNER THENCE S 85-52'-14"E 98,89' TO A FENCE CORNER THENCE S 1- 15'o20"E 346.64 TO THE POINT OF BEGINING AND CONTAINING 1.1636 ACRES OF LAND OR 50684.7362 SQ. FEET. EXHIBI~ "A" 41' b-b · / .~. SCALE: 1"= 50' R~K PILE +" "+ BEG~ AT A ~ ~ C~ AT ~ ~ ~RNER OF A S~T FENCE ~,~= FOR ~E ~R ~ ~ 16. -~j~ ~lO ~N~ ~l~ L~A~D S 0~ E 121.~ AND S ~-~ W ~.~ FROM ~E ~E~ N ~'.~' W ~ TO A ~E C~NER ~ N~.~ ~ TOAFEN~C~NER ~ N~'.2~ ~ TOA~ECORNER ~E N 1~1~ ~.~' TO A ~E CORNER ~E N ~3741~ ~ TOA~E~NER ~E~ N21~ 1~ ~ TO ~ FEtE C~NER ~E N ~I'-~E ~.~' ~ A ~ C~NER ~E N ~ ~.~ TO A ~ECE ~N~ ~ N57-171~ 1~.~ TOA~EC~NER ~ ~AI~ 1.1~ ACRES ~ ~ND ~ ~ 7~ ~. EXHIBIT "B"