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OR 91-500-A-235 Changes zoning to "LI-SUP", placement of underground storage tank for Park N Fly AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A235 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING 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.U.P." (LIGHT INDUSTRIAL, SPECIAL USE PERMIT) TO GRANT A SPECIAL USE PERMIT FOR THE PLACEMENT OF AN UNDERGROUND STORAGE TANK AND A GAS DISPENSER FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, UNDERGROUND STORAGE TANK AND GAS DISPENSER ELEVATIONS, AND FUEL SYSTEM DETAIL, ATTACHED HERETO AS EXHIBITS "B", "C", AND "D"; 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 goveming 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 goveming body is of the opinion that Zoning Application No. S-1166 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 goveming 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.U.P." (Light Industrial, Special Use Permit) to grant a special use permit for the placement of an 1 28335 underground storage tank and a gas dispenser, subject to special conditions for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the Special Use Permit for the placement of an underground storage tank and a gas dispenser is hereby approved subject to the following special conditions: (A) Complete compliance with the approved Site Plan, underground storage tank and gas dispenser elevations, and fuel system detail, attached hereto and incorporated herein by reference as Exhibit "B", "C", and "D". (B) No fuel dispensing activities or placement of combustible materials shall be allowed within fifteen (15) feet of any buildings nor within twenty-five (25) feet of building openings, property lines, streets, alleys or public ways. (C) Shall maintain all the appropriate licenses and/or permits from the Texas Natural Resource Conservation Commission (TNRCC). (D) No hazardous materials disposal shall occur on the premises. SECTION 3. That the Site Plan, underground storage tank and gas dispenser elevations, and fuel system detail, attached hereto as Exhibits "B", "C", and "D" 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 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. 2 28335 SECTION 6. 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 7. 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 8. 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 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 9. 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 12th day of October, 1999. APPROVED CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, INTERIM CITY SECRETARY 3 28335 APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 9/23/99) 4 28335 OWNER'S CERTIFICATE STATE OF TEXAS: COUNTY OF DALLAS: WHEREAS, PARK 'N FLY iS the owne¢ of a tract of land situated in fha S.A. B M.a. Railroad Survey, Abstract No J439. County, Texas, and being o port,on of those tracts of land recorded i~ Volume 87057 Page 5466 and Volume 87057 Page Deed Records of Dallas County. Tezas [DRD£T), and being more ~articularly described as fotlows: BEGINNING at a 5/8" ~ron rod in fha South Itne of the St. Lou~s ~ Southwestern Railroad [~00 ft. ROW) as recorded ~n Volume ~5 Page §.18 DRDCT. sa~d po~nt also being the Northwest corner of Gateway Bus,ness Park, an addition to the C~fy of Co~peII, Texas, as recorded in Volume 9~IZ7 Page 0870 ORDCT: THENCE South 01"51'0~'' West, alon~ the West t~ne of Gateway Bus,ness Park, far a d,stance of lOG8 GG feet to a I/2" ~ron rod w/NDM plastic cop ~n the north line of Interstate H~ghway Loop No 6~5 [Gateway Boulevard. a variable ~dth ROW} accord,ng to plans for Federal Aid ProJect No. 165§-6-(18G]462. Sheet No. 6; IHENCE North ~4e40'~f'' West. along the North Itne at sa~d Loop 655. tar a d~stonce at ~59.55 teat, to a concrete monument for corner; THENCE North 6ge02'~7'' West, continuing along said North l~ne, far a d~stance of 67~ B~ feet to a concrete monument for corner at the ~nfersect~on of said North line with the East I ~ne of Royal Lane (1t0 ft. ROW); THENCE North 01'38'40" East. along said East line. for a d~stance of 6~ 09 tee! to a I/~" ~ron rod w/'NDM plastic cap for corner at the ~ntersect~On of $o*d East line ~tb the South I ~ne of sasd St Lou~s ~ Southwestern Ra~ Irood; THENCE North 87e~5'0~'' East. along sa~ South line, for distance of 841 51 feet. to the POINT OF BEGINNING and conta~n~n§ ~6.07J6 acres (?00,0?7 square feet) of land. EXHIBIT