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OR 91-500-A-410 One Stop - to PD-199-HC-S-1211 for construction of an auto repair garage, car wash, convenienceAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-410 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 "PD-199-HC-S- 1211" (PLANNED DEVELOPMENT-199-HIGHWAY COMMERCIAL- SPECIAL USE PERMIT-1211) TO "PD-199-HC-S-1211R" (PLANNED DEVELOPMENT 199-HIGHWAY COMMERCIAL-SPECIAL USE PERMIT-1211 REVISED), TO ALLOW THE DEVELOPMENT OF AN AUTO REPAIR GARAGE, CAR WASH, CONVENIENCE STORE AND GASOLINE SERVICE STATION ON 2.24 ACRES OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF S.H. 121 AND MACARTHUR BOULEVARD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, ELEVATIONS OF THE GREAT AMERICAN, ELEVATIONS OF THE FOOD MART, ELEVATIONS OF THE CAR WASH, ELEVATIONS OF THE CANOPY, ELEVATIONS OF THE MONUMENT SIGN, FLOOR PLAN OF GREAT AMERICAN, FLOOR PLAN OF THE CONVENIENCE STORE AND SIGN CRITERIA, ATTACHED HERETO AS EXHIBITS "B," "C," "D," "E," "F," "G," "H," "I," "J" and "K," 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. PD-199-HC-S-1211R 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 PD-199- HC-S-1211 (Planned Development-199-Highway Commercial-Special Use Permit-1211) to PD- 199-HC-S-1211R (Planned Development 199-Highway Commercial-Special Use Permit-1211 Revised), to allow the development of an auto repair garage, car wash, convenience store and gasoline service station on 2.24 acres of property located at the southwest corner of S.H. 121 and MacArthur Boulevard on approximately 2.24 acres of property described in the attached Exhibit "A", subject to special conditions. SECTION 2. That the Special Use Permit to allow for the construction of an auto repair garage, car wash, convenience store and a gasoline service station is hereby approved, subject to the following special conditions: (A) The site shall be developed in accordance with Site Plan, Landscape Plan, Elevations of the Great American, Elevations of the food mart, Elevations of the car wash, Elevations of the canopy, Elevations of the monument sign, floor plan of Great American, floor plan of the convenience store and sign criteria, which are attached hereto as a further condition in accordance with the Exhibits as provided in Section 3 of this Ordinance. (B)That the hours of operation of such facility shall be as follows: i. The Great American - 7 a.m. to 7 p.m., Monday through Friday, 7 a.m. to 5 p.m. Saturday, and closed on Sunday. ii. Service Star/convenience store - 24 hours a day/seven days a week. (C) That a deceleration lane between Tracts 4 and 5 offMacArthur Boulevard, as approved by the City Engineer, shall be completed prior to issuance of a Certificate of Occupancy. (D) Awnings may be constructed of canvas, metal or other material approved by the City so long as materials are primed, painted and/or otherwise conditioned to minimize future maintenance and prevent rusting. (E) The sign regulations shall be governed by Exhibit K, except as provided below: i. Tract 4 shall be allowed two (2) monument signs, each of which will display the name of both the gas station/convenience store and the automotive service center. The square footage of each above-referenced sign shall not exceed sixty- (60) square feet. ii. The 40-square foot attached sign located on the corner of the auto repair building on Tract 4 shall be allocated equally on both sides. SECTION 3. That the Site Plan, Landscape Plan, Elevations of The Great American, Elevations of the food mart, Elevations of the car wash, Elevations of the canopy, Elevations of the monument sign, floor plan of Great American, floor plan of the convenience store, and Sign Criteria, attached hereto as Exhibits "B," "C," "D," "E," "F," "G, .... H," "I," "J" and "K," 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, f'u'm 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 sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the ]4 ~$t~day of 2005. APPRO~MAYOR PRO , ATI'EST: /CITY ATTORNEY 4 74765 TRACT 4 - LEGAL DESCRIPTION BEING a tract of land situated in the CG Woolsey Survey, Abstract No. 1402, the Thomas B Gan, in Survey, Abstract No. 506, and the J.H. Donald Survey Abstract No. 1696 in Denton Count',,, Texas, and being a part of Lot 3R, Block G, Vista Ridge Addition, an addition to the City' of Coppeil. Texas, as recorded in Cabinet U, Page 276 of the Plat Records of Denton Countx, Texas (PRDe CT.), and being part of a 6.973 acm tract of land deschbed in deed to MacArtl~ur Ridge Partners, LTD., as recorded in Volume 5404, Page 5138, Deed Records of Denton County', Texas (D R De.C T), and being more particularly described as follows: BEGINNING at a 1/2-inch found iron rod with a yellow plastic cap stamped "HALFF ASSOC INC." (hereinafter referred to as "with cap") at the northwesterly comer of a comer clip at the intersect/on of the southeasterly right-of-way line of State Highway 121 (a variable width right-of- way) as dedicated by deed recorded in file # 94-R0000002. of the Cotmtv Clerk Records Denton County, Texas (CCR.De.C T) with the southwesterly right-of-way line of~MacArthur Boulevard (a 120 foot wide right-of-way) same being the northerly comer of the aforementioned 6973 acre tract of land; THENCE South 63 degrees 57 minutes 11 seconds East, along said comer clip a distance of 105.72 feet to a 5/8-inch found iron rod with a cap stamped "CARTER & BURGESS" (hereinafter referred to as "with C&B cap") for comer, said point being on the southwesterly right-of-way line of MacArthur Boulevard, same being thc northeasterly line of said 6973 acre tract of land; THENCE South 18 degrees 14 minutes 48 seconds East, along said southwesterly right-of-way line, a distance of 95.74 feet to a 5/8-inch found iron rod for the point of curvature of a circular curve to the right, having a radius of 2,804.79 feet and whose chord bears South 17 degrees 17 minutes 10 seconds East, a distance of 94.05 feet; THENCE in a Southeasterly direction, continuing along said southwesterly right-of-way line, and along said circular cm'~e to the right, through a central angle of 01 degree 55 minutes 16 ~econds, an arc distance of 9405 feet to a 1/2-inch set iron rod with cap for comer; THENCE South 66 degrees 53 minutes 03 seconds West departing said right-of-way linc, a distance of 280 26 feet to a l/2-inch set iron rod with cap for comer; THENCE North 23 degrees 06 minutes 57 seconds West, a distance of 1150 feet to a l/2-inch found iron rod with cap for comer; THENCE South 66 degrees 53 minutes 03 seconds West, a distance of 7902 feet to a l/2-inch found iron rod with cap for comer; THENCE North 22 degrees 53 minutes 59 seconds West, a distance of 26380 feet to a l/2-inch found iron rod with cap for comer in said southeasterly right-of-way line of State Highway 121, sonic being the northwest line of said 6.973 acre tract of land, also being on the common city limit line betx~een the City of Lewisville, Texas and the CiB, of Coppell, Texas, said point also being the beginning of a non-tangent circular curve to the right, having a radius of 3,80472 feet and whose chord bears North 68 degrees 04 minutes 21 seconds East, a distance of 306.90 feet; THENCE in a Northeasterly direction, along said southeasterly right-of-way line, and said northwesterly line of the 6.973 acre tract of land, and said common city limit line, crowing to the right, through a centraI angle of 04 degrees 37 minutes 22 seconds, an arc distance of 306 98 feet to THE POINT OF BEGINNING and CONTAINING 97,621 square feet or 2241 acres of land more or Jess EXHIBIT "A" SUP FOR ONE STOP AUTO CARE GARAGE, CAR WASH, CONVENIENCE STORE AND GASOLINE SERVICE STATION SUP FOR ONE STOP AUTO CARE GARAGE, CAR WASH, CONVENIENCE STORE AND GASOLINE SERVICE STATION fast lube fast lube fast lube great ELEVATION KEYNOTES EL~V_ATION KEYNOTES BblLDING MATERIAL.$ OR.~ular 0 O0 t~o P~u, 000~ Premium 000~ Car Wash Ok,xt 000,~ S.H. 121 MONUMENT SIGN ONE STOP RUTO CaRE Pt~ 000,~ ONE STOP CarWash ok.,~ 000~, aUTO CaRE MacARTHUR MONUMENT SIGN GENERAL NOTES: ELEVATION KEYNOTES BUILDING MATERIALS "'~"' 000~*, ~','.~0., 000,~ or*,~ 000,[ SERVICE BAYS (~ MAIN LEVEL FLOOR PLAN (~ LUBE PIT FLOOR PLAN STOREROOM MERCHANDISING FLOOR PLAN E×IIIBIT VISTA POINT 1I / MACARTIIUR RIDGE SIGN CRITERIA ~hc puq~ose of th:s s~gn criteria ~s ti) create a graphic en',~romlmnt v,,h~ch ~s indn.'idual and dtstmctlve m ~denl~ty for the Tenant and also compatible '.'.~th other s~gns m the cen~er The total concept should g~',,e an ~mpresszon of qua]it) and professonahsm and mst~ll a good image I,e~ermg shall be ',,'~ell proportioned, and its desl~zn, spacing and ]ea~bd~t¥ snail be a Inajor cnlc~on for apploval REQUIRED SIGNS I Tenant shall identify its premises by erecting one (1) lucia sign ',xhich shall be attached d~rcctlytothcbu d ng fasc~aasdescnhedhercinafler Subject to the res~ct;ons under of S~gn' below, £or braidings and leaseholds with one (I) flont fa~'ade. (front faq:ade being defined as the building surface &reclly facing a dedicated sweet, or where s~reet frontage does not ex~st, ~ shall bc defined as the v~ldth of the lease space v,h~ch contans the mare entry'), attached s;gns located at a height of 36 feet or ]ess are permttted a maximum aggregate effech~e area equal to one-square tbot per lineal foot of leasehold frontage, as apphcablc, or 300 square feet, wh~chex er is less. TYPE OF FASCIA SIGN Non-dlummated or reverse hghted mdividuaUy pm mounted channe] letters SIZE )F SIGN i Depth 5 ~"; he:gNt - not to exceed 36" Muh~ple Rov, s not to exceed 36"m total hc:ght mC]L~dmgspacesbetwecn~o~s Mmmmml.c~crS~ze 10" 2 In a ny case the overall length or spread of thc sign cannot exceed 70% of line total hncar measurement of thc mum cfmT slorefront of leased space or 40'-0", wh~chexer is less 3 la the ease of an ~egularly s~apec s~m or logo s~gn with letters ang'or symbols directly afi]xcd to thc ~aH ora building, the area of the sign shall be the entire area ~dun a s~nglc continuous rcct~hncar perimeter of not more than thc propo~mna] maxmmm height and ~id[h hmita~lons noted above TYPE OF SIGN ] Box r}p¢ s~gns wlI] no~ bc ' a ~owed COI.OR I. Matte is finish teeN,red. 2 Colo~s are limited lo willie, lXOl-), Or black. All signs on any b[~ilding slnall be a consistent color, expect for logos as yox idcd for [lcrei~]. I o~,os arc penmtted up to a maximum of 20% oldie area of the sign (ONSTRUCTION OF LETTERS ] F. etmns and Fronts - .063 aluminum gauge (mmmnum) 2 Back otlcttc~sshal]haxca mmmmmofl:g"clear ~ex~g]asslhce EXIIIBIT K Page l o1'2 3 No exposed trm cap~: are permitted 4 Letlers are to be pm mounted 1" oil bm drag fascia 5 U L label ~s reqtiircd IEI~UMINATION AND WIRING ] If' llluminated ind~":~dual letters are to be backIit with neon lublng, such tubing must be concealed m the letter and project ibc hght source back o~n the building 12scoa 2. Secondary Wiring All transh)nx~ers and seconda~ w~rmg are to be concealed behind parapets or x~ ~thm soflhls 3. P, outrng o£condmt s}nal] be below roo£deck and not PLACESIENT AND INSTALLATION General Notes i Tenable s~gnage shall be as close to a ce~ntcr-uf£rontage ocatlon as possible, subject to allo,,,.ancc for comer posmonmg 2 Attachmento£stgnage~stobeUL approved No exposed,.,~mng~sperm~t~ed 3 .All fasle~qers used are to be non-corros~,,c seamless steel IRAIEERSIGNS AND/OR TEMPORARY SIGNS ;,VILE NOT BE PERMITTED. TIlE FOLLO~.~ ING ARE NOT PER,MIl"TED Roof signs or box s~gq]s 2 f'xposed seam t'.'~bing 3 .knm~ated or nqovmg compm~ents lnten'rqltte~t or lqashmg ~lluminat~on 5 Iridescent or lluorescent painted s~gns 6 LeUcrs mounted or painted on dlumma~cd parcels S~gas or ]e~tcrs painted d~rec~iy on any surface exccp~ as hereto provided EXtlIBIT K Page 2 of 2