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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