CC approval of LI base zoningAGENDA REQUEST FORM
ITEM CAPTION:
CO?PELL
DEPT: Planning
DATE:! July 12, 2005
ITEM ~: 12
PUBLIC HEARING:
Consider approval of Case No. S-1036-LI(CH), Gifford Hill Plant #4 (Southern Star Concrete), to consider a
change in zoning from the base zoning of HI (Heavy Industrial) to LI (Light Industrial) for S-1036 (Special Usc
Permit- 1036) and allowing for the retention of the existing concrete batch plant on 5.5 acres of property located at
601 S.H. 121, west of Ace Lane. (Planning and Zoning Commission Called public Hearing).
Motion to close Public Hearing and
APPROVED BY Approve subject to condition 1
below
o2ITY COUNCIL
GOAL(S): N ABOVE DATp
EXECUTIVE SUMMARY:
Date of P&Z Meeting: June 16, 2005
Decision of P&Z Commission: Approval (6-0) with Commissioners
Foreman, Milosevich and Kittrell voting in favor. None opposed.
Approval is recommended, subject to the following condition:
1) Appropriate language in the Ordinance allowing for the retentim
plant as a conforming use.
Staff recommends approval.
M - Faught
S - Suhy
Vote - 6-0
Tunnell absent o5,oo,
Borchgardt, Hall, McCaffrey,
of the existing concrete batch
Agenda Request Form - Revised 09/04
Document Name: ~IS-1036-LI(CH) GHPg4 I-AR
C1TY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: S-1036-LI(CIt), GiffordlHill Plant #4
(Southern Star CoOcrete)
P & Z HEARING DATE:
C.C. HEAR/NG 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 ~hange the base zoning from HI
(Heavy Industrial) to LI (Light Induskial) for Special Use Permit-1036
and allowing for the retention of the ~xisting concrete batch plant.
APPLICANT:
HISTORY:
Planning and Zoning Commission attthorized 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 redoing from Agriculture to Heavy
Industrial, with a Special Use Permit to allow the continued use of
the subject property as a concrete II~atch plant. At that time, the
owners of the batch plant desired to make improvements to the
Page 1 of 4
Item # 4
property, thereby necessitating appropriate zoning. The
improvements included the installation of a retaining wall and a
fence around the properly.
TRANSPORTATION:
S.H 121 is an existin~g, four-lane divi~ted highway with two-lane
service roads in a 440 -wide right-or;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 Irldustrial)
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 approvedi with a SUP, to allow for site
improvements and the continuation of this iuse 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 (Itleavy 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 rubber goods manufacture; Pickle
manufacturing; Sauerkraut manufacture; Smelting of tin, copper, zinc, or
iron ores and other metals; and Stock y~rd 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
concrete batch plant, Southern Star Conc~
they be able to retain a permanent status fi
the City Attorney, this provision can,
Ordinance adopting this change in zoning·
and/or revisions to the approved Site Plat
this SUP.
Given the location of this site, which is rela
land uses due to the creek and mature trees
the freeway from most of the Light Indu
(except for the DFW Trade Center, which
line), staff can support the continuation o:
visit revealed that this property is very well ~
:urrent owner/operator of this
ere, a concern was raised that
~r this use. In discussions with
md will, be included in the
However, any expansions of
will require an amendment to
:ively isolated fi.om surrounding
on three sides, and being across
strial developments in Coppell
s separated by the existing tree
· this use. Finally, a recent site
aaintained.
1
RECOMMENDATION TO THE PLANNING AND ZONING CO~MISSION:
/
Staff is reconunending APPROVAL of a ch~tnge to the base zoning fi.om HI
(Heavy Industrial) to LI (Light Industrial) fo~ Special Use Permit-1036,
subject to:
1) Appropriate language in the Ordinanc allowing for the retention of the
existing concrete batch plant.
ALTERNATIVES
1) Recommend approval of the request
2) Recommend modification of the request
Recommend disapproval of the request
3)
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS: 1) Exhibit "A" SUP 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). 36. Oil cloth
2. Acetylene gas manufacture or storage. 37. Oiled mi
3. Acid manufacture. 38. Paint, oi
4. Alcohol manufacture, manu fac'
5. Ammonia, bleaching powder or chlorine 39. Paper an
manufacture. 40. Petrolem
6. Arsenal. wholesal
7. Asphalt manufacture or refining, storage.
8. Blast furnace. 41. Pickle m
9. Bag cleaning, unless clearly accessory to the 42. Planing i
manufacture of bags. 43. Potash
10. Boiler works. 44.
11. Brick, tile pottery or terra cotta manufacture 45.
other than the manufacture of handcraft of 46. Rolling 1
concrete products. 47. Rubber (
12. Candle manufacture.
13. Celluloid manufacture or treatment, articles
14. Cement, lime, gypsum, or plaster of paris 48. Sanerkra
manufacture. 49. Salt worl
15. Central mixing plant for concrete mortar, 50. Shoe po]
plaster, or paving materials. 51. Smelting
16. Coke ovens, and othe
17. Cotton gins. 52. Soap ma
18. Cotton seed oil manufacture. 53. Soda ant
19. Creosote manufacture or treatment. 54. Stock ya
20. Disinfectants manufacture. 55. Stone mi
21. Distillation of bones, coal or wood and glue 56. Stove po
manufacture. 57. Tallow g
22~ Exterminator and insect poison manufacture, from or
23. Emery cloth and sand paper manufacture. 58. Tanning
24. Explosives or fireworks manufacture or
storage. 59.
25. Fat rendering. 60.
26. Fertilizer manufacture. 61.
27. Fish smoking and curing. 62.
28. Forge plant. 63.
29. Gas manufacture or storage, for heating or
illuminating.
30. Gasoline service station.
31. Glue, size or gelatin manufacture.
32. Hatchery. 64.
33. Iron, steel, brass or copper foundry or 65.
fabrication plant. 66.
34. Junk, iron or rag storage or baling. Metal or
aluminum exterior siding on buildings.
35. Match manufacture or processing.
or linoleum manufacture.
~ber goods manufacture
shellac, turpentine or varnish
ute.
pulp manufacture.
or its products, refining or
storage of same, and bulk tank
mufacturing
manufacture.
r gutta-percha manufacture or
but not the making of articles out of
f rubber.
~t manufacture.
sh manufacture.
of tin, copper, zinc, or iron ores
metals.
mfacture other than liquid soap.
compound manufacture.
'd or slaughter of animals of fowls.
[1 or quarry.
ish manufacture
tease or lard manufacture or refining
ff animal fat.
curing or storage of raw hides or
skins.
Tar disti lation or manufacture.
Tar roof ng or water proofing manufacture.
Tobacco (chewing) manufacture or treatment.
Vinegar nanufacture.
Wreckin; and junk yards, only on the
conditio~ that the premises upon which such
activities, are conducted are wholly within a
building ~r by a solid fence no less than eight
feet in h~ :ight.
Yeast pl~ nt.
Salvage 4)r reclamation of products.
Auto wr~cking yard.
Page 4 of 4
Item# 4
AN ORDINANCE OF THE CITY OF COPP~LL, TEXAS
AN ORDINANCE OF THE CITY OF COPPELL. TEXAS. AMENDING TIlE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY [OF COPPELL, TEXAS, AS
HERETOFORE AMENDED, TO CHANGE THE ZONING ON TH]{ HEREINAFTER DESCRIBED
PROPERTY TO THE NEW ZONING CLASSIFICATION HER~IN STATED; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERAB1LITY CLAOSE; PROVIDING PENALTIES
FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED '~HE SUM OF ONE THOUSAND
DOLLARS ($1,000.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Zoning Commission and the G~verning Body of the City of
Coppelt, Texas, in compliance with the laws of the State of Texas with reference to
th~ granting of zoning changes under the zoning ordinanc~ 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 ~enerally, the said Governing
Body is of the opinion that said change of zoning, whichl is on application of Gifford
HKI Concrete Co. No. S-1035, should be granted and the Co~nprehensive Zoning Ordinance
of the City of Coppelt should be amended in the exereis~ of its legis?stive discretion.
NOW, THEREFORE, BE IT ORDAINED BY THE C~TY 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 ne~ zoning district classificstion,
to-wit:
"HI-SUP" Heavy Industrial District Classification witf
allow the continued use of an e×isting concrete batl
Said property being described as follows:
BEING a tract of ]and described in attached Exh}bil "A"
the City of Cot)pell, Texas.
Said property also shown on the attached location
SECTION 2. That all ordinances of the City in ce
this ordinance be, and the same are hereby, repealed and
City not in conflict with the provisions of this ordinance s~all remain in full force and
effect.
SECTION 3. That the above described property sba
and for the purposes provided for in the Comprehensive Z,
as amended herein by the granting of this zoning classifi,
SECTION 4. That should any paragraph, sentence,
section of this ordinance be adjl~dged or held to be uncor
the same shall not affect the validity of this ordinance
a Special Use Permit to
plant.
and located in
provision thereof other than the part so decided to be inw
and shall not affect the validity of the Comprehensive Z
SECTION 5. That any person, firm or corporation
.lan.
flict with the provisions of
all other ordinances of the
or terms of this ordinance shall be subject to the same p~nalty
Comprehensive Zoning Ordinance of the City, as heretofor(
shall be punished by fine not to exceed the sum of OnE
for each offense, and that each day such violat}on shall co
as provided for in the
amended, and upon conviction
Thousand Dollars ($1,000.00)
~tinue to exist shall constitute
a separate offense. I
SECTION 6. It is necessary to give the properly described herein the above
mentioned zoning classification in order to permit its proper development and in order
lid, illegal or unconstitutional
)ning Ordinance as a whole.
,iolating any of the provisions
be used only in the manner
iing Ordinance of the City,
ation.
;ubdivision, clause, phrase or
stitutional, illegal or invalid,
as a whole or any part or
interest, comfort and general welfare of the City. Therefore,
to
protect
the
public
this ordinance shall take effect immediately from and afterI its passage and publication
of its caption, as the law in such cases provides. ~
ppell, Texas, this the i I
DULY P..~S D by the City Council, 1989.°f the City of Cc
day of -1
APPROVED:
MAY£
ATTEST: '
~/ CITY ATTO~~
CZ89-0621 S-1036
,' ~"~I'C~:n AT Tdc P~,~ ,T ~F I,~E:,SECT]Oh OF ~HE hORTH~ST LINE I
~.L.UT.~' ~ Li'.iE L)F SAID B.B.B. & C. R. R. CO. SURVEV (SA~IE BEING TH
i:)USY SU:~VEY, ABST. ~0. 317, DALLAS COUNTY, TSXAS); THE~ICE N 8~
L:.~L BET~EE~ S/,ID SU:~VEYS, 90.24 FT. TO THE SOUTHEAST CORNER 0
F2ACT OF LAIRD (SAtlE BEII~G THE SOUTHEAST CORNER OF SAID 95.36 A~
:, 0~ ,5'U3" E, ALG:;G TH[ [AS~ LiN[ OF SAID TRACT, 496.0 FT. TO
~.~T SORS[R OF TUE S,,ID HiLL TRACTS A~D THE POI~(T OF BEGINNING
FIEi',S~ r~ F,$°3,.,".~.7'' W. ALOHG THE SOUTH LINE OF SAID HILL TP~ACTS
-~T T'.IZ SOUT;I£ST COR~ER OF SAID HILL TRACTS, A POINT IN THE WES
S.F. TRACT OF LAND; THENCE U. 00°29'40"E, ALONG THE ~EST LINE
=)(E 18,,565 S.F. TRACT, 159.97 FT. TO A POI~)T Iii THE CENTERLIN
]L~UT)!EAST[RLY ALL)~iG THE ~ORTH LI~IE OF SAID HILL TRACTS AS FOLL
I~tE CE~I[RL!(IE OF SAID CREEK, 153.46 FT., TO THE MOST UESTERLY
~CRE TFiACT; 2nd., ?,T THIS POINT LEAVING IHE CENTERLINE OF SAID
~{:.2~ FT. TO THE SORTHEAST CORHER OF SAID HILL TRACT (SAME BE
~ ~) 3.6517 ACRE TRACT) A POIUT I~ THE EAST LINE OF SAID 95.36
FHENCE S 01°05'D3'' W, ALD~G THE EAST LINE OF SAiD HILL AND BRO
']T~T :F riE~'~;'~l~G A~D C~T~J~;',~G 1.857 aCR[S (59,071 SQ. FT.
)F STATE HIGHWAY 121 WITH THE
: NORTH LINE OF'THE T. W.
, 28 02 W ALON: THE COItiON
· A CERTAIN 437,286 S. F.
;RE BROWNWELL TRACT); THENCE
AN IRON ROD AT THE SOUTIt-
OF THE TRACT HEREIN DESCRIBEI
764.51 FT. TO AN IRON ROD
' LINE.OF A CERTAIN 188,565
OF SAID HILL TRACTS AND OF.
[ OF DENTON CREEK; THENCE
)WS, 1st. S 65°36'48'' E,
CORNER OF A CERTAIN 3.6517
DENTON CREEK, S 88°36'27" E,
lNG THE SOUTHEAST CORNER OF
ACRE BRDWNWELL TPJkCT;
tNWELL TRACTS 100.0 FT. TO TIlE
OF LA~)D.
SO, FT) OF L~!!n,
I]Xt~IBI~.~ ~ ? TM