CC approval of ORD 8/9/05AGENDA REQUEST FORM
August 9, 2005
ITEMi#: 8IH
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1225-LI, Osbum ContraCtors, zoning change from LI (Light
Industrial) to S-1225-LI (Special Use Permit-1225-Light Industrial), to allow the operation of a temporary concrete
batch plant for a time period not to exceed nine (9) months on 16 acres of plroperty located at the northwest comer
of Beltline Road and Airline Drive (Park West Commerce Center, Lot 2R-3i Block 2), and authorizing the Mayor
to sign.
GOAL(S):
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to Approve
Ord. # 91500-A-417
- Peters
York
~/ote - 7-0 o~oo.
EXECUTIVE SUMMARY:
Date of P&Z Meeting:
Decision of P&Z Commission:
N/A
N/A
On June 16, 2005, the Planning Comnfission unanimously approved this zonirig change (6-0).
On July 12, 2005, Council unanimously approved this zoning change (6-0).
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: ~S-1225-LI ORD I-AR(Con)
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE ! 7
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 S-1225-LI
(SPECIAL USE PERMIT-1225-LIGHT INDUSTRIAL), TO ALLOW THE
OPERATION OF A TEMPORARY CONCRETE BATCH PLANT FOR A
TIME PERIOD NOT TO EXCEED TWO HUNDRED AND SEVENTY (270)
CALENDAR DAYS ON 16 ACRES OF PROPERTY LOCATED AT THE
NORTHWEST CORNER OF BELTLINE ROAD AND AIRLINE DRIVE
(PARK WEST COMMERCE CENTER, LOT 2R-3, BLOCK 2), 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; PROVIt)ING A REPEALING
CLAUSE; PROVIDING A SEVERABIL1TY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO TItOUSAND 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 aftbrding a full and fair hearing; to all property owners generally,
and to all persons interested and situated in thc affected area and in the vicinity thereof, the said
governing body is of the opinion that Zoning Application No. S-1225-LI 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, Tetras, as heretofore amended, be mad
the same is hereby amended to grant a change in zoning from LI (Light Industrial) to S-1225-L1
76098
(Special Use Permit-1225-Light Industrial), to allow the operation of a temporary concrete batch
plant for a time period not to exceed two hundred seventy (270) cilendar days on 16 acres, more or
less, of property located at the northwest corner of Beltline Ro~d and Airline Drive (Park West
Commerce Center, Lot 2R-3, Block 2), and being more ...... ""
particularly described ~n Exh~btt A attached
hereto and made a part hereof for all purposes, subject to special con titions.
SECTION 2. That the Special Use Permit for a tempora'y concrete batch plant is hereby
approved, subject to the following special conditions:
A) This batch plant or accessory building facility sha411 be relocated from this property
prior to any above ground construction and Placement of any vertical wall
construction. :
B) The applicant shall provide to the City copies of ~all applications and permits from
Texas Commission on Environmental Quality, pr its successor concerning the
operation of such batch plant.
C) This temporary concrete batch plat shall be pern'itted
period not to exceed two hundred seventy (270)
Ordinance adoption.
D) The applicants shall maintain the required permit: from the Texas Commission on
Environmental Quality to operate such facility.
SECTION 3. That the Site Plan attached hereto as Exhib!t "B" shall be made a part hereof
for all purposes, are hereby approved and such site shall be maintained therewith as a special
condition.
to remain operational for a
calendar days from the date of
2 76098
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 arc 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 in~¥alid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereo['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 da~e of this ordinance is govemed by
prior law and the provisions of the Comprehensive Zoning Ordinanc!e, 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 violatin§ 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
3 76098
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 immediaiely from and after its passage and
the publication of its caption, as the law and charter in such cases pro{vide.
DULY PASSED by the City Council of the City of Coppe[l, Texas, this the
,2005.
DOVG ' S 2¥OR
day' of
ATTEST:
ITY
~ECRETARY
4 76098
LEGAL DESCRIPTION
DESC~pTIO~I, of a 16.800 ocr~ troct of Ired .Ituot~l In ~e ~. ~ ~m~t ~ ~ N~ 1~8, ~ ~e ~y of
~p~l. O~la, ~nty. Texa,. ~d berg ~[ of ~ ~-2 of P~ ~t ~m~ ~t~ ae ~ ~ V~ume 2~24~
P~e 11~ of ~e O~ R~I of D~I~ ~n;y, /ex~ ~ld 16.~ ~ ~ ~ I~d ~g m~ ~l~y ~M ~ ~
BEQNNING, ot a 1/2-b~ ~ ~ ~I~ 'H~ AS~" ~ ~nd ot ~e m~ ~y p~t of a ~.~ ~t ~ ~ d~
~ poht) ~d ~e w~ ~t~way I~e of BMflme R~ Ia 120 ~ ~ ~t-o~way ~ ~ ~t);
N~ 8g ~ ~ m~ut~ ~ ~d~ ~ a diM~ of 128.02 ~ ~ a 1/2' ;~ ~ ~ ~ ~' ~
~nd ~ ~
~ 75 d~ 57 m~ut~ ~ ~d~ ~L a ~m~ of ~ ~ to a 1/2' ~ ~ ~ ~~ ~
N~ 89 d~, ~ m~ut~ ~ ~d~ ~ , a ~ce of ~.10 ~t to o 1/2' ~ ~ wl~ ~A~E~ K~'
~p ~nd; ~ld p~t berg ~e ~et ~ of ~t ~-~ B~ 2 P~ ~ ~m~ ~t~, m ~i~ to
~e ~ty of ~1, Tex~ ~c~-d~g ~ ~e M~ ~d~g ~at ~ ~ V~ume 2~24~ P~e 11~ ~ ~e ~
R~e of D~la~ ~nty, Tex~
~ N~ ~ d~ ~ m~ut~ 1~ ~ Ea~ d~g ~ ~ n~ Ihe of A~e ~ ~d ~mg ~e ~
to a 1/2' ~ ~ w~ ~ ~ ~ f~d f~ ~ ~ ~e ~ ~ ~e of ~t ~e R~
~ ~ ~ d~ 15 m~u~ ~ ~de ~ d~g ~e ~ld ~l~e ~t ~e R~d, a dl~ of 94~.~ ~t
to ~e n~ md of ~ ~ng~ ~ ~t~ of ~ ~ ~ ~ N~ ~ ~ ~ m~ut~ ~ ~
~a~ a dl~t~ of ~.~ ~t ~ ~la ~n~
mlnut~ ~ ~da ~ ~ die.ce of 59.~ ~ ~ a ~ ~g md ~ ~ ~ ~ ~ ~ m~u~ ~ ~dl
~ ~.57 ~ to ~e P~NT ~ ~NNIN~
~TNN~Q, 751,815 ~ ~ 1~.~ a~ of I~d, m~ m I~
F~XHIBIT 'A'
EXHIBIT ~B'~