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Gifford Hill-AG 890711AGENDA REQUEST FORM CITY COUNCIL MEETING July 11, 1989 ITEM NO. ITEM CAPTION: To consider an ordinance for Case #S-1036, to change the zoning designation from (A) Agricultural, to ((HI-SUP), on property located approximately 1/4 mile west of Denton an existing batch plant, and authorizing,t~t e Creek and State Highway 121, for the operation of &~ /,~ Mayor to sign. ~ SUBMITTED B STAFF REP.: Targon Paster 'Bowman ~- ,, 0I ' ' ~ OTHER REP.: Larry Jackson, City Attorney EVALUATIO TE~,,: DATE .' Date of Planning and Zoning Meeting: August 18, 1988 Decision of Planning and zoning Commission: Denied (4-1). Date of City Council Meeting: September 13, 1988 Decision of City Council: Approved (7-0). Please see attached site plan and City Council minutes for further detail. BUDGET AMT.: COMMENTS: AMT. ESTIMATED: AMT. +/- BUDGET: FINANCIAL REVIEW BY: LEGAL REVIEW BY: AGENDA REQ FORM 0588DS REVIEWED BY (24: AN ORDINANCE OF THE CITY OF COPPELL, TEXA~ 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 Coppel], 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 general]y, the said Governing Body is of the opinion that said change of zoning, which is on application of Gifford Hi]] 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 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 ~hall 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 genera! welfare of the City. Therefore, this ordinance sha]! take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY P~D by the City Council of the City of Coppell, Texas, this the day of ~.~,t~l_ , 1989. APPROVED: APRROVED AS TO FORM: CITY ATTO~Y"' CZ89-0621 S-1036 M AYO~'~/ ' ATTEST: ITY~.F~fR ETARY B.S.B.& C. R.R. CO. SURVEY (SA[IE BEING THE NORTH LINE OF TNL T. W. COUSY SURVEY, ASST. !IL). 317, DALLAS COUNTY, TIIEHCE ri 88°28'R2'' '~ AL8NG THE CO~ON LIUE BETJJEEN SAID SURVEYS. 90.24 FT. TO TUE SOUTHEAST CORNER OF A CERTAIN ~37,286 S. F. TRACT ~]F LAIRD (S~,~J[ BE]DG Tile SOUTHEAST CORN,S CF SAID B~Ot.~NtiELL TRACT); THENCE N 01~05'03" E, ALONG THE EAST LI~;E OF SAiD TRACT, 596.0 FT. TO AN IRO~ ROD AT THE ~;ORTHEAST CORt1ER fJF A TRACT CONVEYED BY DEED TO DALE ~{ILL AND RECORDED IU VOL. 1237, PG. ~38 OF THE DEED RECORDS OF gE~T(,N COU[;TY, TEXAS AI;D ~[; VOL. 8~43, PG. 3453 OF T~[ gEED ~ECORDS OF DALLAS SOUF~TY, TEXAS (SA~IE BEING T~E NORTHEAST COR~JER OF A CERTAU~ 1.8528 ACRE TRACT) AND THE P','~UT OF B[GIN~ING ~F TIlE TP~CT HEREt~ DESCRIBED: THE~C[ ~l 8736'27" ~, ALONG THE ~ORTH LINE OF S~iD HILLTR~CTS, 625.21 FT. TO P~INT iI~ THE CENTERLINE O~ DENTON CREEK; THEJ:CE IIORTH~STERLY ALONG THE CENTERLINE OF SAiD C~EEK AS FOLLOW,S: 1st. N 82:03'24" E, 206.8 FT.; 2nd N. 38'32' 16" NORTH LII~E OF SAID 95.36 ACRE BROWNWELL T~CT); THENCE S 8}:~26'12'' E, AL~}NG THE NO~TH LINE OF SAID SURVEY, 270.0 (159,068 S. F.) OF ~HICH D.7613 ACRES LIE W~TNIH THE 10~ Y3. FLOOD FLOOD LEAVING A NET REI~INDER OF 2.8904 ACRES (125,e~6 SO. FT) OF L~t~n, ~- 105(~