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S1036-AG 880913SUBMISSION DEADLINE: 5:00 p.m. Monday - 8 Days Preceding City Council Meeting Rev.; Effective !/20/88 AGENDA REQUEST FOP~M FOR CITY COUNCIl_ MEETING: September 13, 198~ I. EEF/F~LE Nt,'MBER : S-1036 II. IT~ CAPT~'0N : PUBIC HEARING: To consid~ ap~oval of a zoning chanRe, Case ~S-1036, from {A) Agricult~al to (HI) Heavy Industrial, to allow for the continued use of an existing concrete batch plant, at the request of Gilford-Hill Company. III. ACTION RECOMMENDED : Date of PJm--i~ & Zoning Meetint-: August 18, 1988 Decision of Pl;~nnir~ & ~.oni~g~ Commi-~ion: Denied (4-1). IV. REP. IN ATTENDANCE A: STAFF - Taryon ~wmm-- P &~.~ooraimat~ \ B: OTH -ER~'''~ .................. V. NOTIFICATION TO : Mr. Ed ChaDline Gifford-Hill METHOD OF CONTACT : Letter DATE : 9-8-88 VI. FINANCIAL REVIEW : l. BUDGETED ITEM : N/A YES NO 2. BUDGET AMOUNT : 3. ESTIMATED AMOUNT FOR THIS ITEM : 4. AMOUNT OVER OR UNq3ER Bbq)GET : 5. LOW BIDDER RECO.~fl4,EN~DED : YES NO SOURCE OF FUNq)ING CO'S OR BONDS FUNDS : (Series or year authorized) : OPERATING BUDGET (Account Number) : OTHER : APPROVED BY CITY MANAGER : ITEM NUMBER M-- AGENDA REOUEST FORbl SUPPORT DOCL~!ENTATiON FOR AGES~A ITEM * DATE RECEIVED * * TIME * * To be completed by City Manager Dept.* ********************~**********~******* SUPPORT DOCI)iENTATION SUBMITTED ~MOUNT PER/SET NO. OF PAGES DATE SUBMITTED MEM. OR~YD[~!S ....................... : LETTERS ........................... : REPORTS ........................... : BILLS ............................. : BID ............................... : CONTRACT/AGREEMENT ................ : MINUTES ........................... : ORDINANCE ......................... ; RESOLUTION ........................ : PROCL~MATIOX ...................... : 5~PS .............................. : ZONING PLAYS ...................... : PRELIMINARY PLATS ................. : ¥INAL PLATS ....................... : SITE PLANS ........................ : L~WDSCAPE PLANS ................... : ARCHITECTURAL RENDERINGS .......... : OTHER ............................. : REVIEWED BY (If applicable) SIGNATURE DATE REVIEWED CITY ATTORNEY ..................... : FINANCE DIRECTOR .................. : OTHER ............................. : SUBMITTED BY SIGNATURE DATE SUBMITTED DEPARTMENT ........................ : .-~ ~ DEPART?lENT DIRECTOR ............... : /~ /~'~ APPROVED BY L/SIGNATURE DATE APPROVED CITY MANAGER ...................... : DENIED BY SIGNATURE CITY MANAGER ...................... : Additional documentation required Need for further discussion Submitted after deadline At the request of CITY MANAGER'S COMMENTS/RECOMMENDATION FOR AGENDA ITEM I. Item # CITY ~OUN~ AGENDA: September 13, 1988 II. COMMENTS/RECOMMENDATION: This concrete plant is located north o~ 121 and south of Denton Creek on property which has also been annexed by the City of Grapevine and is presently the subject of litigation. The applicant has requested improvement of this facility. The applicant would have the option to continue operation of a concrete batch plant under the grandfather provision or they could have taken a position of acknowledging Grapevine's annexation and seeking this approval from them. Instead, they have attempted to work with us and make major improvements to the facility and the area. They have indicated that they plan to make a large dollar investment and improvements which will allow large volume sales. This potentially could add significant increase in both ad valorem taxes and sales taxes paid to Coppell. P&Z denied the request; therefore, City Council will need 6 votes to approve. Other City ~ouncii options are as follows: Page Item 1. Deny the request; 2. Grant a more restrictive zoning classification such as: a. Light industrial classification with a special use permit for a concrete batch plant on a temporary basis under ltem 14 of Section 29.11 of the Zoning Ordinance. b. Grant a zoning change to an agricultural classifi- cation with a special use permit for a concrete batch plant on a temporary basis under Item 11 of Section 29.4 of the Zoning Ordinance. in event special use permit zoning classifications are authorized, speciai conditions could be imposed as in the case of any special use permit. August 29, 1988 TO: Alan Ratliff, City Manager VIA: Russell Doyl y Engineer FROM: Taryon Bowman, P&Z Coordinator .~,~. SUBJECT: Zoning Appeal by Gifford-Hill Company, Case #S-1036 Section 43.6 of the Comprehensive Zoning Ordinance requires that when the Planning and Zoning Commission recommends denial of a zoning case, an appeal must be filed with the City Manager within fifteen (15) days of the recommendation of denial. The Zoning Ordinance is not clear as to what action needs to be taken by the City Manager, and in my opinion, it is a formality. The Planning and Zoning Commission at the August 18, 1988, scheduled meeting, did not give any reasons as to why this case should be denied. After discussion, a motion was made, and passed with a vote of (4-1), to deny the zoning request. This item has been scheduled for the September 13, 1988, City Council docket, and a 3/4 majority vote by the City Council is required for approval. Attached for your review, is a copy of section 43.6, which regulates zoning appeals. If you need addition information, please let me know. TB/RRD/lsg attachment CMO.S-1036 MEMO1 43.4 Failure to Appear: Failure of the applicant or his represen- tative to appear before the Planning and Zoning Commission for more than one hearing without an approved delay shall consti- tute sufficient grounds for the Planning and Zoning Commission to terminate the application. 43.5 Commission Consideration and Report: The Planning and Zoning Commission, after the public hearing is closed, shall prepare its report and recommendations on the proposed change stating its findings, its evaluation of the request and of the rela- tionship of the request to the Comprehensive Plan. The Planning and Zoning Commission may defer its report for not more than ninety (90) days until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. In making its determination, the Planning and Zoning Commission shall consider the following factors: 1. Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole. 2. Whether the proposed change is in accord with any exist- ing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other util- ities to the area, and shall note the findings 3. The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unavailable for development. 4. The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change. 5. How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved, and whether such designation for other areas should be modified also. 6. Any other factors which will substantially affect the health, safety, morals, or general welfare. 43.6 Council Consideration 1. Proposal Recommended for Approval: Every proposal which is recommended favorable by the Planning and Zoning Commission shall be forwarded to the Council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law. 2. Proposal Recommended for Den~al: When the Planning and Zoning Commission determines that a proposal should be 124 denied, it shall so report and recommend to the Council and notify the applicant. A hearing before the City Council shall be set on an application recommended for denial only when an appeal is filed by the applicant with the City Manager within fifteen (15) days of the date of the recommendation for denial. ~en a proposed zoning request is heard by the City Council that has been denied by the Planning and Zoning Commission, a three-forths (3/4) majority vote by the City Council shall be required for approval. 3. Council Hearing and Notice: Notice of Council hearing shall be given by publication one time in the official newspaper of the City, stating the time and place of such hearing, which shall be at least fifteen (15) days after the date of publication. 4. Three-Forths Vote: A favorable vote of three-fourths of all members of the City Council shall be required to approve any change in zoning when written objections are received which comply with the provisions of the state laws commonly referred to as the "twenty percent (20%) rule." If a protest against such proposed amendment, supplement or change has been filed with the City Secre- tary, duly signed and acknowledged by the owners of twenty (20) percent or more, either of the area of the lots included in such a proposed change or those immedi- ately adjacent to the rear thereof extending two hundred (200) feet therefrom or of those directly opposite thereto extending two hundred (200) feet from the street frontage of such opposite lots, such amendments shall not become effective except by a three-fourths vote of the City Council. 43.7 Final Approval and Ordinance Adoption: Upon approval of the zoning request by the City Council, the applicant shall submit a metes and bounds description to the City within thirty (30) days for the preparation of the amending ordinance. The amending ordinance shall be approved within six (6) months. If the amending ordinance is not approved within six (6) months, the zoning request, at the option of the City Council may be recalled for a new public hearing. SECTION 44 APPLICATION AND FILING FEES 44.1 Ail owners, leasees or any other persons, firms or corpo- rations making an application with the City of Coppell re- questing a change, amendment or variance to the zoning ordi- nance applicable to his property shall be charged a mandatory fee for processing such request as follows: 1. Standard Filing Fee - $100.00 minimum plus $5.00 per acre or portion thereof. 125 G IFFORD- HILL & CUM PANY. I NC. A member of THE BEAZER GROUP Law Department 2515 MCKINNEY AVENUE · DALLAS TEXAS 75201 PO BOX190999 · DALLAS TEXAS 75219-0999 2! 4-754-5500 ~OYCE W MONTGOMEq¥ lEggY E H~NES TELEX 79-409" ED S C~APUNE H TELECOPIER 2'4-75~-585a August 23, 1988 Mr. Alan Ratl£ff City Manager City of Coppell, Texas 255 Parkway Blvd. Re: Zoning Case No. S-1036, Gifford-Hill & Company, Inc. Dear Mr. Ratliff: In accordance with the provisions of Section 43.6(2) of the Zoning Ordinance of the City of Coppell, please consider this formal notice by Gifford-Hill & Company, Inc. of its intent to appeal the referenced zoning application. This is an application submitted by Gifford-Hill & Company, Inc. to rezone 5.5 acres located approximately 1/4 mile west of Denton Creek and State Highway 121 from its present "agricul'tural' designation to "heavy industry". This application was considered by the City of Coppell Planning & Zoning Commission at its meeting on August 18, 1988 at which time the Commission rejected the application by a vote of 4 to 1 (with one member abstaining). Pursuant to Section 43.6(2), it is Gifford-Hill & Company, Inc.'s understanding that with the filing of this appeal this application may be heard by the City Council and Gifford-Hill respectfully requests that it be granted such a hearing and be notified of the date a~d time thereof. Thank, you for your consideration. /!,~ ~'~ "' .... "~ ~'ncerely .~.~...~..~,~ - ~ .... Ed S. Chapline, III Division Counsel ESC/sm .-, 082388/425 cc: Mr. James E. Cook Mrs. Taryon Bowman ..'  ,,.,/'/~ The City With A Beautiful Future 2~4- 462- 0022 /"--'7/ /'~-'~ ~,/'/~ CITY OF COPPELL PLAN~ING ARiD ZONING DEPARTMENT STAFF REPORT Date: August 18, 1988 PLANNING & ZONING DEPARTMENT RE: Case #: S-1036 LOCATION: Approximately k mile west of Denton Creek and State Highway 121. REQUEST: Zoning Change from (A) Agricultural to (HI) Heavy Industrial APPLICANT: Gifford-Hill Commpany/Mr. Richard Henry 2515 McKlnney Avenue Dallas, Texas 75201 GENERAL DESCRIPTION: Applicant is requesting approval of a zoning change to allow for the continued use of an existing concrete batch plant. This property was formerly owned by the Eubanks Company; however, Gifford-Hill has purchased the property and elected to make improvements to the site by installing a retaining wall and a fence around the property. STAFF RECOMMENDATION: Ail DRC comments have been addressed; therefore, staff has no objections. 5-105G Minutes of August 18, 1988 Planning & Zoning Commission Page 3 carried (5-1) with Chairman Munsch and Commissioners Green, Johnson, Thomas and Tunnell voting in favor of the motion, and Commissioner Weaver voting against the motion. The Commission was then recessed for a short break. Item 8: To consider approval of a zoning change, Case #S-1036, from (A) Agricultural to (HI) Heavy Industrial to allow for the continued use of an existing concrete batch plant, located approximately ¼ mile west of Denton Creek and State Highway 121, at the request of the Gifford-Hill Company. Taryon Bowman introduced the item to the Commission. Mr. Ed Chapline with Gifford-Hill was present to represent Case #S-1036. Chairman Munsch then opened the public hearing and asked for persons wishing to speak in opposition to this request. There were none. He then asked for persons wishing to speak in favor of the request. Again there were none. The public hearing was then closed. Commissioner Weaver excused himself from the meeting at this time, due to a possible conflict of interest. Following questions from the Commission, Mr. Chapline stated that this property had no previous zoning prior to the property being annexed into the City of Coppell. The property was not located in any City, but simply in "County" area. Following discussion, Commissioner Johnson moved to deny Case #S-1036. Commissioner Weaver seconded the motion; motion carried (4-1) with Chairman Munsch and Commissioners Green, Johnson and Tunnell voting in favor of the motion, and Commissioner Thomas voting against the motion. Item 9: To consider approval of a zoning change, Case #S-1034, from (C) Commercial to (C.S.U.P.) Commercial Special Use Permit and a variance to allow for the operation of a restaurant and a private club, located at 125 Kimbel Kourt, at the request of Mr. Morris Salerno. Taryon Bowman again introduced the item to the Commissioners. Mr. Dale Ware, representing Mr. Morris Salerno, made the presentation to the Commission. Chairman Munsch then opened the public hearing and asked for persons wishing to speak in opposition to this request. There were none. He then asked for persons wishing to speak in favor of the request. Those persons speaking were: Phillip Moreau 122 Meadow Run The public hearing was then declared closed.