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OR 91-500-A-207 Zoning change to "C-SUP" for Texaco gasoline station & convenience store AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A207 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 "C' (COMMERCIAL) TO "C- S.U.P." (COMMERCIAL, SPECIAL USE PERMIT) TO ALLOW A GASOLINE STATION WITH CONVENIENCE STORE FOR PROPERTY DESCRIBED IN EXHIBIT "A' ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, AND BUILDING ELEVATIONS ATTACHED HERETO AS EXHIBITS "B", "C", AND "D", RESPECTIVELY; 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-1152 should be approvecl, 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 COPPEIJ~, 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, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from "C" (Commercial) to "C-S.U.P." (Commercial, Special Use Permit) to allow a gasoline station with convenience store for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. 8822047 SECTION 2. That the Special Use Permit for a gasoline station with convenience store is hereby approved subject to the following spedal conditions: (A) Monument sign shall be either ground lighted or unlighted. 03) The Food Mart sign and logo shall use channel letters, white, black or neutral in color. (C) The two utility poles on site or the two utility poles in the Vanbebber right-of-way and at least one utility pole on site, shall be removed prior to the issuance of a certificate of occupancy and any additional electric facilities shall be placed under ground. (D) Mechanical equipment and utility meters shall be placed in inconspicuous locations and screened from view. (E) Granting of variances to side yard and landscape requirements by the Board of Adjustment prior to issuance of any building permit. (F) Restriction of merchandise, such as magazine and newspaper racks, firewood, etc., and of advertising and promotional materials, including drink machine advertising to interior of the building, with window signs limited to 10°A of the glass area. (G) That the property shall be developed and used only in accordance with the special conditions, the Site Plan, Landscape Plan and Building Elevations attached hereto as Exhibit "B", "C" and 'T)". SECTION 3. That the Site Plan, Landscape Plan and Building Elevations attached hereto as Exhibits "B", "C" and "D", 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. 2 ss22047 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. 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 ~-/~ day of c ¢ Jo ¢ ,1998. 3 8S22047 ATTEST: KATHI.F. EN ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMIT~ CITY ATTORNEY (PGS/ttl 11/18/98) 4 SS22047 LEGAL D£SCRIPTION BEIN0 LOT I, BLOCK A. OF NORTHLAKE WOOOLA~,ID L"ENlrER ADDITION. AN ADDITION TO THE CITY OF COPPELL. DALLAS COUNTY. TEXAS, ACCORDING TO TI~£ MAP THEREOF RECORDED VOLUME 81234. PAGE 1447, MAP RECORDS, DALLAS COUN'[Y,,'TE%AS, AND BEINO MORE PARTICULARLY DESCRIBED AS FOLLOWS; ' EI£G~NNING AT A POINT IN THE FAST LINE OF' DENTON TAP ROAD, SAID POINT BEING NORTH 02 DEGREES 52 MINUTES 07 SECONDS W~ST ALONG SAID EAST UNE, 142.6,5 FEET FROM lis JNTERSECT1ON WITH THE NORTH UNE Of' BETH£L ROAD; THENCE: NORTH_02-1~GREES-52-Jrdl'NCr1'ES07 'sECONDS WF, ST'ALONG THE FAST UNE OF DENTON iAP ROAD FOR A DISTANCE OF 90.00 FEET, TO .A-POINT FOR CORNER; THENCE NORTH 41 D6GREES 06 UINUTES .53 SECONDS EASI ALONG EXISTING STREET R,O.W. . A (:)tSFANCE OF 50.3.~ FEET. TO A POINT FOR CORNE,~: THENCE. NORTH 8.5 DEGREES 05 UINUTES .53 SECONDS EAST ALONG THE ET(ISliNG SOUT~ LINE Of' VANBII3BER ROAD FOR A DISTANCE OF' 140.12 FEET 10 A POINT FOR CORNER';, THENCE. SOUTH 02 DEGREES 52 MINUTES 07 SECONDS EAST F. OR A DISTANCE 0F'131o20 FEET. TO A POINT FOR CORNER; THENCE, SOUTH 87 0EG~EES 07 JdiNUTES 5.3 SECONDS WEST; FOR A DISTANCE OF 175,00 FEET. TO THE' POINT OF BEGINNJNG, CONTAINING 0.:50 ACRES OF LAN0.