CC approval-ORD re LI 8/9/05AGENDA REQUEST FORM
COFPELL
DEPT:
DATE
ITEM
Planning
August 9, 2005
8/G
GOAL(S):
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1036-LI(CH), Gifford Hill Plant #4 (Southern Star Concrete),
zoning change from the base zoning of HI (Heavy Industrial) to Ll (Light lqdustrial) for S-1036 (Special Use
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, and authorizing the Mayor to sign.
Motion to Approve
APPROVED BY oR. # 9,5oo.A.4,~
CITY COUNC IL
ON ABOVE D/rTE
EXECUTIVE SUMMARY:
Date of P&Z Meeting:
Decision of P&Z Commission:
N/A
N/A
On June 16, 2005, the Planning Commission unanimously approved this zo
On July 12, 2005, Council unanimously approved this zoning change (6-0).
Staff recommends approval.
- Peters
York
Cote - 7-0
aing change (6-0).
Agenda Request Form - Revised 09/04
Document Name: ~S-1036-LI(CH) OD 1-AR(Con)
AN ORDINANCE OF THE CITY OF COPPE~L, TEXAS
oRDIN CE NO. /X-Ot - 4/6
AN ORDINANCE OF THE CITY OF COPPEL
THE COMPREHENSIVE ZONING ORDINANCE AD
OF COPPELL, TEXAS, AS HERETOFORE AMEN[
CHANGE IN ZONING FROM S-1036-HI (SPECIA
HEAVY INDUSTRIAL) TO S-1036~LI(CH) (SPECI/
LIGHT INDUSTRIAL-CALLED HEARING) AL
RETENTION OF THE EXISTING CONCRETE 1
CONFORMING USE ON 5.5 ACRES OF PROPER'
S.H. 121, WEST OF ACE LANE, AND BEING M
DESCRIBED IN EXHIBIT "A" ATTACHI
INCORPORATED HEREIN; PROVIDING FOR SF
PROVIDING A REPEALING CLAUSE; PROVIDI~
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROV
FINE NOT TO EXCEED THE SUM OF TWO ~1
($2,000.00) FOR EACH OFFENSE; AND PROVIDING
L, TEXAS, AMENDING
D MAP OF THE CITY
ED, BY GRANTING A
L USE PERMIT-1036-
,L USE PERMIT-1036-
5OWING FOR THE
;ATCH PLANT AS A
FY LOCATED AT 601
~)RE PARTICULARLY
,D HERETO AND
ECIAL CONDITIONS;
IG A SEVERABILITY
iDING A PENALTY OF
HOUSAND DOLLARS
kN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission an4the governing body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas agd 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 the affected area and in the vicinity thereof, the said
governing body is of the opinion that Zoning Application No. S-1036-LI(CH) 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, Te:~as, as heretofore amended, be and
the same is hereby amended to grant a change in zoning from S-10}6-HI (Special Use Permit-1036-
Heavy Industrial) to S-1036-LI (Special Use Permit-1036-Light Industrial), allowing for the
retention of the existing concrete batch plant as a conforming use ~ special use permit, on 5.5 acres
of property located at 601 S.H. 121, west of Ace Lane, and being more particularly described in
Exhibit "A" attached hereto and made a part hereof for all purposes,
SECTION 2. That the Special Use Permit for a concrete
subject to the tbllowing special condition:
ubject to special conditions.
batch plant is hereby approved,
76101
A) This facility shall be deemed a conforming use, however, any expansion of the use or
structure thereof to this use will require an amendment to this Special Use Permit.
SECTION 3. That the above property shall be used only i~ the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City (~f Coppell, as heretofore amended,
and as amended hcrein.
SECTION 4. That the development of the property her!in shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances, except as may be specifically
altered or amended herein.
SECTION 5. That all provisions of the Ordinances of the ~ity of Coppell, Texas, in conflict
with the provisions of this ordinance bc, and the same are hereby, re!ealed, and all other provisions not
in conflict with the provisions of this ordinance shalI remain in full f4rce and effect.
SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or idvalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision there~
be unconstitutional, illegal or invalid, and shall not affect the valid
Ordinance as a xvhole.
f other than the part so decided to
ity of the Comprehensive Zoning
SECTION 7. An offense committed before the effective dale of this ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinam
offense was conunitted and the former law is continued in effect for
SECTION 8. That any person, firm or corporation violatin
this ordinance shall be subject to the same penalty as provided
Ordinance of the City of Coppell, as heretofore amended, and upon
fine not to exceed the sum of Two Thousand Dollars ($2,000.00) fo~
day such violation shall continue shall be deemed to constitute a sepa
e, as amended, in effect when the
his purpose.
any of the provisions or terms of
)r in the Comprehensive Zoning
conviction shall be punished by a
each offense; and each and every
:ate offense.
2 76101
SECTION 9. That this ordinance shall take effect immedia!ly
the publication of its caption, as the law and charter in such cases provide.
from and after its passage and
DULY PASSED by the City Council of the City of Coppel~, Texas, this the
,2005.
D ~CJ-LA~"N. STOV
ATTEST:
ER, MAYOR
;ECRETARY
ROBERT E. HAG~, CITY ATTORNEY
(REHJcdb 7/26/05)
~-~ day of
3 76101
;~'£::,':::'~ · Tii[ F'.:"T '~ ~ " THE
. , /~ ~r ]';TE~SECI,O,, OF TIlE r,~ORTHWEST LINE OF STATE HIGHWAY 121 WITH
~['UT~ L~:E ~F ~A',D B.B.B. & C ~. R. CO. SURVEY (SAHE BEING TFJE NORTH LINE OF THE T. W.
i qJsY S?;~f, ~kB~T. ~;0. 317, CALLAS COUNTY, T[XAS); THENCE N 88028'02'' W ALONG THE COI.V~N
_ 't B[,;][~ S,,JD SO:',VEYS, 00 24 FT. TO THE SOUIUEAST CORNER OF A CERTAIN 437,286 S. F.
~'~[T OF L~d¢9 (SAI~E BEI!~G TtiE SOUTHEAST CORNER OF SAID 95.36 &CRE BROWNNELL T~CT); THENCE
', 0i rz',],3" E, ~LFf;G T;~[ lAST L]N[ OF SAID TRACT, 496.0 FT. T~ AN IRON ROD AT THE SOUTI[-
~T %[R~,ER ~F T~[ S,,ID :tiLL TRJ~CTS AUD IHE PO[~T OF BEGINNING OF THE T~CT HEREIN DESCRIBED
~c, ~. ALO~!G THE S~JUTH LINE OF S/~]D HILL TRACTS, 764.51 FT. TO A~i IROI'I ROD
~U~4~ST ~,R,~E OF SA~D HILL IRACTS, A POINT IN THE WEST LINE OF A CERTAIN 188,565
LA~D; THEHCE ~. OF)o~9'40"E, ALONG THE ~1EST LINE OF SAID HILL T~CTS AND OF
3.F. T?/,CT, 1~9.97 FT. TO A POI[iT Ill THE CENTERLI~E OF DENTON CREEKf THENCE
,L~,~ lHE tlORT~ L]~E OF SAID HILL TRACTS AS FOLEOWS, ]st. S 65036'48" E, ALON
OF SAiD Cr~cEK, ,53.46 FT. TO THE FIOST WESTERL~ CORNER OF A CERTAIN 3.6517
~nd., AT TR[S POZ~ll LEAVI~G THE C~NTERLiNE OF SAID DENTON CREEK, S 88~36'27'' E,
THE SGRTHEAST CORI~ER OF SAID HILL TRACT {SAME B~iNG THE SOUTHEAST CORNER OF
.h THE EAST LINE OF SAID 95.36 ACRE BROWNWELL T~CT;
:)1~05'03'' ~, ALOUG THE EAST LINE OF SAiD HILL AND BROWNWELL TRACTS lOO.O FT. TO THE
..... ;, ,..~,u' '~ A::~ r":~l;:]:!'~8~ 1.857 ~C2[S (~.9,071 SQ. FT,) OF LA'ID.
EXHIBIT A-1
t:~XHIBIT A-2
EXHIBIT