Gifford Hill-CS050616CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: S-1036-LI(CH), Gifford Hill Plant #4
(Southern Star Concrete)
P & Z HEARING DATE:
C.C. HEARING DATE:
June 16, 2005
July 12,2005
STAFF REP.:
Marcie Diamond, Assistant Planning Director
LOCATION:
601 S.H. 121, west of Ace Lane
SIZE OF AREA:
5.5 acres of property
CURRENT ZONING:
HI (Heavy Industrial)
REQUEST:
A City-initiated Called Heating to change the base zoning from HI
(Heavy Industrial) to LI (Light Industrial) for Special Use Permit-1036
and allowing for the retention of the existing concrete batch plant.
APPLICANT:
HISTORY:
Planning and Zoning Commission authorized Called Public Heating
Property Owner:
Tommy Abbott, General Manager
Southern Star Concrete, Inc.
8500 Freeport Parkway, Suite 200
Irving, Texas 75063
(972) 621-0999
FAX: (972) 621-3350
In 1988, City Council approved a rezoing from Agriculture to Heavy
Industrial, with a Special Use Permit to allow the continued use of
the subject property as a concrete batch plant. At that time, the
owners of the batch plant desired to make improvements to the
Item # 4
Page 1 of 4
property, thereby necessitating appropriate zoning. The
improvements included the installation of a retaining wall and a
fence around the property.
TRANSPORTATION:
S.H 121 is an existing four-lane divided highway with two-lane
service roads in a 440'-wide right-of-way.
SURROUNDING LAND USE & ZONING:
North - Flood Plain and mobile home park in the City of Lewisville
South - Flood Plain and undeveloped; A (Agriculture) and LI (Light
Industrial)
East- S.H. 121
West - DFW Trade Center; LI (Light Industrial)
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable
for Light Industrial/Showroom and Flood Plain uses.
DISCUSSION:
As discussed in the HISTORY section of this report, this concrete batch
plant has been in existence for over 17 years. A rezoning to a base
zoning of Heavy Industrial was approved, with a SUP, to allow for site
improvements and the continuation of this use was granted in 1988.
Staff recently reviewed the Zoning Ordinance and Zoning Map in terms
land uses and zoning districts in which they are permitted and discovered
that the subject property is the only HI (Heavy Industrial) district in the
City of Coppell. As indicated by its name, this district permits a wide
variety of undesirable uses that would not be appropriate on any property
in the City. The complete HI Uses permitted by SUP is attached as
Exhibit A, which includes uses such as: Blast furnace; Coke ovens; Cotton
gins; Distillation of bones, coal or wood and glue manufacture; Fat
rendering; Hatchery; Oiled robber goods manufacture; Pickle
manufacturing; Sauerkraut manufacture; Smelting of tin, copper, zinc, or
iron ores and other metals; and Stock yard or slaughter of animals or
fowls. Staff desires to delete this district from the Zoning Ordinance and
map; therefore, the base zoning of this SUP needs to be changed from HI
(Heavy Industrial) to LI (Light Industrial).
Page 2 of 4
Item # 4
When discussing this proposal with the current owner/operator of this
concrete batch plant, Southern Star Concrete, a concern was raised that
they be able to retain a permanent status for this use. In discussions with
the City Attorney, this provision can, and will, be included in the
Ordinance adopting this change in zoning. However, any expansions of
and/or revisions to the approved Site Plan will require an amendment to
this SUP.
Given the location of this site, which is relatively isolated from surrounding
land uses due to the creek and mature trees on three sides, and being across
the freeway fi'om most of the Light Industrial developments in Coppell
(except for the DFW Trade Center, which is separated by the existing tree
tine), staff can support the continuation of this use. Finally, a recent site
visit revealed that this property is very well maintained.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staffis recommending APPROVAL of a change to the base zoning from HI
(Heavy Industrial) to LI (Light Industrial) for Special Use Permit-1036,
subject to:
1)
Appropriate language in the Ordinance allowing for the retention of the
existing concrete batch plant.
ALTERNATWES 1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS: 1) Exhibit "A" SLIP uses permitted within the HI district
2) Ordinance No. 297-A-53, with attachments
Page 3 of 4
Item # 4
EXHIBIT "A"
Uses Permitted by SUP in the Heavy Commercial District
Sec. 12-30-13. "HI" Heavy Industrial.
1. Airport, (Public or private).
2. Acetylene gas manufacture or storage.
3. Acid manufacture.
4. Alcohol manufacture.
5. Ammonia, bleaching powder or chlorine
manufacture.
6. Arsenal.
7. Asphalt manufacture or refining.
8. Blast furnace.
9. Bag cleaning, unless clearly accessory to the
manufacture of bags.
10. Boiler works.
11. Brick, tile pottery or terra cotta manufacture
other than the manufacture of handcraft of
concrete products.
12. Candle manufacture.
13. Celluloid manufacture or treatment.
14. Cement, lime, gypsum, or plaster of paris
manufacture.
15. Central mixing plant for concrete mortar,
plaster, or paving materials.
Coke ovens.
Cotton gins.
Cotton seed oil manufacture.
Creosote manufacture or treatment.
Disinfectants manufacture.
Distillation of bones, coal or wood and glue
manufacture.
Exterminator and insect poison manufacture.
Emery cloth and sand paper manufacture.
Explosives or fireworks manufacture or
storage.
Fat rendering.
Fertilizer manufacture.
Fish smoking and curing.
Forge plant.
Gas manufacture or storage, for heating or
illuminating.
Gasoline service station.
Glue, size or gelatin manufacture.
Hatchery.
Iron, steel, brass or copper foundry or
fabrication plant.
Junk, iron or rag storage or baling. Metal or
aluminum exterior siding on buildings.
Match manufacture or processing.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36. Oil cloth or linoleum manufacture.
37. Oiled rubber goods manufacture
38. Paint, oil, shellac, turpentine or varnish
manufacture.
39. Paper and pulp manufacture.
40. Petroleum or its products, refining or
wholesale storage of same, and bulk tank
storage.
41. Pickle manufacturing
42. Planing mills.
43. Potash works.
44. Pyroxline manufacture.
45. Rock crusher.
46. Rolling mill.
47. Rubber or gutta-percha manufacture or
treatment but not the making of articles out of
articles of rubber.
48. Sauerkraut manufacture.
49. Salt works.
50. Shoe polish manufacture.
51. Smelting of tin, copper, zinc, or iron ores
and other metals.
52. Soap manufacture other than liquid soap.
53. Soda and compound manufacture.
54. Stock yard or slaughter of animals of fowls.
55. Stone mill or quarry.
56. Stove polish manufacture
57. Tallow grease or lard manufacture or refining
from or of animal fat.
58. Tanning, curing or storage of raw hides or
skins.
59. Tar distillation or manufacture.
60. Tar roofing or water proofing manufacture.
61. Tobacco (chewing) manufacture or treatment.
62. Vinegar manufacture.
63. Wrecking and junk yards, only on the
condition that the premises upon which such
activities are conducted are wholly within a
building or by a solid fence no less than eight
feet in height.
64. Yeast plant.
65. Salvage or reclamation of products.
66. Auto wrecking yard.
Page 4 of 4
Item # 4
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
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
Coppell, 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 Gilford
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 legis!stive 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 shah 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 shah 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 ($1,000.00)
for each offense, and that each day such violation shall continue to exist ~ha]l constitute
a separate offense.
SECTION 6. It is necessary to give the property described herein the above
mentioned zoning classification in order to permit its proper development and in order
to protect the public interest, comfort and general welfare of the City. Therefore,
this ordinance shall take effect immediately from and after its passage and publication
of its caption, as the law in such eases provides.
DULY P.~SS~D by the City Council of the City of Coppell, Texas, this the __
MAYO ~'/ '
ATTEST:
~ITY ~RETARY
AP[ROVED AS TO FORM:
~ CITY ATTO~Y ~
CZ89-0621 S-1036
,,;Ut!£hC['Ig AT Tile FC, i ,¥ L'.F I,TE,SECT10N OF THE NORTHWEST LINE OF STATE HIGHWAY 121 WITH THE
~(,'UTH LiUE OF SAID B.B.B. & C. R. R. CO. SURVEY (SAME BEING THE NORTH LINE OF'THE T. W.
i[)USY >U,,VLY, ABST. ,,0. 317, DALLAS COUNTY, TEXAS); THENCE N 88028'02" W ALONG THE CO~.V~N
BL,.'$LJJ J~D qUi~VEYS, 90.24 FT. TO THE SOUTIIEAST CORNER OF A CERTAIN 437,2~6 S. F.
FPACT OF LaND (SAreE BEING THE SOUTHEAST CORNER OF SAID 95.36 ACRE BROWNWELL T~CT); THENCE
, Ut ~ 03" E, ALO~G THE EF~SI LINE OF SAID TRACT, 496.0 FT. TO AN IRON ROD AT THE SOUTil-
_,,~) ~uR,[R OF ~"; S,',ID HiLL TRACTS A,,D THE POINT OF BEGINNING OF THE T~CT HEREIN DESCRIBED
~- ,-,,~.~ N ,,or"°',J,'..~;"" W. ALONG THE SOUTH LINE OF SAID HILL T~CTS, 764.51 FT. TO AN IRON ROD''
- T:iZ SOUT',I~ST "~
· ,, .~R.J, OF SAID HILL TRACTS, A POINT IN THE NEST LINE.OF A CERTAIN 188,565
S.F. TkACT OF LAND; THENCE N. 00~29'40"E, ALONG THE WEST LINE OF SAID HILL T~CTS AND OF
=HE 1a,,565 S.F. TRACT, 159.97 FT. TO A POIHT IN THE CENTERLINE OF DENTON CREEK; THENCE
~.~UTHE.,;STERLY AL[lNG THE NORTH LINE OF SAID ltILL T~CTS AS FOLLOWS, ]st. S 65~36'48'' E,
THE ~;~..,,~.nE OF SAIb CREEK, 153.46 FT. TO THE MOST WESTERLY CORNER OF A CERTAIN 3.6517
'qCRE T~:~CT; 2nd., AT THIS POINT LEAVING THE CENTERLINE OF SAID DENTON CREEK, S 88~36'27'' [,
,*:...~i FT. T(] TltE SORTHEAST CORNER OF SAID HILL TRACT (SAME BEING THE SOUTHEAST CORNER OF
~. '] 3.65i7 ~CRE TaACT) A POINT IN THE EAST LINE OF SAID 95.36 ACRE BRO~WELL T~CT;
TH?~CE S 01~05'03'' W, ALONG THE EAST LINE OF SAID HILL AND BROWNWELL TRACTS 100.0 FT. TO TltE
-".;'.T :iF "~:'"' ..... A'ZD C~)~IIAI~!';G 1 85~ aCR[S (59,071 SQ. FT.) OF LAND. - '
EXHIBIT
B.B.8.& C. R.R. CO. SURVEY (SA)I[ BEI!iG TH[ NORTH LINE ~F TI(E T. ~.~. CUUEY sURVEY, ASST. NU. 317, DALLAS COUNTY,
ll)ENCE I! 85:25'D2" ~ t~LU)IG THE COM~IOI; LI!!E ~ETUEE;i SAID SURVEYs. g0.24 FT. TP~ lUE S~UTHEAST CORNER OF A CERTAIN
THE EAST LIOE OF SAi2 T!IACT, 596.0 FT. TO AN IRO!J ROD AT THE ,~,OI!THEAST COR)/[R OF A TRACT CONVEYED BY DEED TO DALE
:~ILL A[;D REEORDED ]l~ vOL. 1237, PG. ~38 OF THE DEED RECOK. OS DF ~E~T(,I; COU!;TY, TEXAS A~;D Il; VOL. 83143, PG. 3453 OF
P?i~!T OF BEGINNING bF TIlE TRACT HEREI!: DESCRIBED:
T)~EI:CE DDRTHEASTERLY ALOI~G THE CEI~TERLINE OF SAiD CREEK AS FJLLDI~S: 1st. ~l 82~03'24'' E, 206.8 FT.; 2no ~(. 38°32'16
NORTH LINE OF SAID 95.36 ACRE OROWNWELL TRACT); THENCE S $~I°25'12'' E. ~LkJlJG THE NORTH LiNE OF SAID SURVEY, 270.0 Fi
TO AN IROII ROD BY A FENCE POST AT THE I!ORT)iEAST CCRNER DF SAID B~owrlWELL 95.36 ACRE TRACT: THE:~C[ S 01:0§'03" W.
(159,068 S. F.) OF ~HICH 0.7613 ACRES LIE WITHIN THE lDO TR. FLOOD FLOOD LEAVISG A )~[T REtIAINDER OF 2.DO04 ACRES
(125.°~6 SQ. FT) DF
EXHIBIT