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OR 91-500-A-338 To grant a special use permit for outside petroleum products storageAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-338 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING ORDINANCE NO. 91500, 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 "LI-S-1202" (LIGHT INDUSTRIAL-SPECIAL USE PERMIT-1202) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR OUTSIDE PETROLEUM PRODUCTS STORAGE, TO INCREASE THE SIZE OF LOT 2R, TO ALLOW A GENERATOR WITH A SCREENING WALL, AND TO ALLOW CONSTRUCTION OF THIRTY-TWO (32) ADDITIONAL PARKING SPACES ON APPROXIMATELY 7.613 ACRES LOCATED AT 555 DIVIDEND DRIVE AND BEING MORE PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBIT "A"; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, ENLARGED SITE PLAN, LANDSCAPE PLAN, AND GENERATOR YARD PLAN, ELEVATIONS AND DETAILS, ATTACHED HERETO AS EXHIBITS "B", "C", "D" AND "E", RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND 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 affording 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-1202 should be approved, and in the exercise of legislative discretion have concluded that Ordinance No. 91500, 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 Ordinance No. 91500, the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from "LI" (Light Industrial) to "LI-S-1202" (Light Industrial-Special Use Permit-1202) to grant a special use permit to allow for outside petroleum products storage, to allow for the revision of the site plan to increase the size of Lot 2R to allow for a generator with a screening wall, and to allow for the construction of thirty- two (32) additional parking spaces on approximately 7.613 acres of property located at 555 Dividend Drive, and as depicted and particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference, and which shall be regulatory to the permit granted herein and subject to the special conditions. SECTION 2. That the Special Use Permit for the outside petroleum products storage, revising the site plan to increase the size of Lot 2R, to allow for a generator with a screening wall, and to allow for the construction of additional parking spaces, is hereby approved subject to the following special conditions: (A) The site shall be developed in accordance with the site plan, enlarged site plan, landscape plan, and generator yard plan depicting the elevations and details of the screening wall, which are attached hereto as a further condition. (B) That the site shall adhere to all Fire and Building Code of the City of Coppell. SECTION 3. That the site plan, enlarged site plan, landscape plan, and generator yard plan depicting elevations and details, which are attached hereto as Exhibits "B", "C", "D" and "E", respectively, and made a part hereof for all purposes, are hereby approved. 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 are 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 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 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 date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, 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 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 of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the stun 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 immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the 8TH day of OCTOBER,..2002. APPROVE~]~ CANDY SHEEHAN, MAYOR b~i~j I~AYOR APP~~5, 5 ~ , .M D, S T9 F, gRM: ROBERT E. HAGER, CI~ATTORNEY (REH/cdb 9/25/02) ATTEST: LIBBY BALL, CITY SECRETARY 3 50641 LEGAL DESCRIPTION Whereas Catellus Development Corporation is sole owner of all of Lots I and Z, Block C, Gateway Business Park No,Tr. an addition to the City of Coppell, situated in the Cordelia Bowen Survey, Abstracl No, 56 as shown on the plat recorded In Volume 99104, Page I0~, Plat Records, Dallas County, Texas, Said Block C is roore parllcularly described as follows: Beginning at a capless monumenl found in the northeaslerly line of Interstate Highway 635 (Lyndon B, Johnson Freeway) and being the $outhwes! corner of said Block C: Thence N 04 degrees 19 minutes 41 seconds E, 6Z7.84 feet to o I/Z* iron with cop found, stamped 'Halff Associates, Inc.', in the southerly line of Dividend Drive os shown on said plat of Galeway Business Park No. II; Thence with the southerly line of Dividend Drive the following calls: N 55 degrees 13 minutes 29 seconds E, 43.69 feet to a I/Z" iron wirh cap found, stamped 'Holff Associates, Inc.', at the beginning of o curve to the right; With the arc of said curve to the right 554.30.feet to o 5/8' iron with cap set, stamped 'M.S.I. R.P.L.S. 4Z24', at the beginning of o curve to the left. Said curve to the right has a radius of 412.50 feet, a central angle of 76 degrees 59 minutes 29 seconds, and a long chord which bears S 38 degrees 12 minutes 37 seconds E, 513.53 feet; With the arc of said curve to the left, at 107. I§ feet pass a 5/8' iron found at the conTnon northeasterly corner of Lots I and Z, and continue on with the arc of said curve to the left for a total distance of 295.00 feet to a 5/8' iron found. Sa~d curve lo the left has a radius of 487.50 feet, a central angle of 34 degrees 40 minutes 15 seconds, and a long chord which bears S 17 degrees 03 minutes O0 seconds 290.52 feet: S 34 degrees 23 minutes 08 seconds E, 366.57 feet to a 5/8' iron found: Thence $OI degrees 37 minutes II seconds W, 653.14 feet to a I/Z" iron with cop found, stamped "Halff Associates, Inc." in the nor theaster ly line of said Interstate Highway 635~ Thence N 34 degrees 23 minutes 24 seconds W with lhe northeasterly llne of sa~d Interslate Highway 635, at I,O94.45 feet pass a I/2' iron with cap found, stamped 'Halff Associates, Inc.', and continue on with the northeasterly line of said Inlerstate Highway 635 for o total distance of 1,194.45 feet to lhe po~nt of beg.nning and containing 12. OZ7 acres of land. n I eAuc1 puep!A!O 999 ~'u!,wed leUO!¢!ppv i ~ IJu!pi!ng eo~O I, A'e,~ele9 ,.. ~ ~A/..I0 puep/A/(~ ggg l~U!>l.~ed I*'u'o~!pPV IJu!pl!n8 eo!.l.JO 1./{e/~ele9 [[ EX]]IBIT "C" OAI. JG puep/A/C1 ~U/>lJed leuo!ppPV ,T.~ 0 EXHIBIT "D" l!Xlil' B-iT uE~* !