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OR 91-500-A-145 Zoning change to Commercial, operation of business within residential structure AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A145 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 THE OPERATION OF A BUSINESS WITHIN A RESIDENTIAL STRUCTURE ON COMMERCIAL PROPERTY AND FOR THE ASSOCIATED OPEN STORAGE AREA, LOCATED ON THE EAST SIDE OF COPPELL ROAD, NORTH OF THE INTERSECTION OF COPPELL AND BETHEL ROADS, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXHIBIT "B"; PROVIDING FOR THE FRONTAGE ELEVATION ATTACHED HERETO AS EXHIBIT "C"; PROVIDING FOR THE SIGN DETAH, ATTACHED HERETO AS EXHIBIT "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 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 a_Qer 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 thereot~ the said governing body is oftbe opinion that Zoning Application No. S-1104 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 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." I SS3807 (Commercial - Special Use Permit) with special conditions, to allow tho operation of a business within a residential structure on commercial property and for the associated open storage area located on the east side of Coppell Road, north of the intersection of Coppell and Bethel Roads, and more particularly descn'oed in Exh~it 'A' attached hereto and made a part hereof for all purposes. SF, C~ON 2. That the change in zoning for Special Uso Permit to allow the operation of a business within a residential structure on commercial property and for the associated open storage area on property is hereby granted subject to the following special conditions: (A) Delivery of ~**_~J'als by wa/mr Wailer Irucks shall be r//r~'aed to a routz south of the facility and west of Grapevine Sprin~s Park, and shall be allowed only between the hours of ? a.m. and ? p.m.; (B) The asphalt in the front yard and in the mad right-of-way, excepting tho asphalt of the roadway pavement itself, shall be removed and/or brought up to current City stsndards before May 12, 1997, unless the City adopts a zoning re,relation requiting a different standard, or unless otherwise notified by the Board of Adjustment; (C) Access across the area of the Special Use Permit shall be provided for any structure requiring fire protection located on the remainder of the property and shall be approved by the Fire Marshal; (D) Sawing and heavy equipment operations shall be limited to Monday through Friday only between the hours of 8 a.m. and :5 p.m.; (E) With the exception of the cotWnwood tree in the front yard, no trees of 3' in caliper or larger and located within 20' of the rear property lines of the lots facinll Anderson Drive, nor within 30' of any other property line, shall be cut or removed. (F) The point of tangency of the driveway radius with the street pavement shall not occur in from of an adjoining property. (G) Should the existing water meter box fall within the limits of the proposed driveway it shall be replaced with a traffic rated box. SECTION :5. That the Site Plan, attached hereto as Exhibit "B"; the Frontage Elevation attached hereto as Exhibit "C"; the Sign Detail attached hereto as Exhibit '~D"; and made a part hereof for all purposes, is 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 Coppel[, as heretofore amended, and as amended herein. SECTION 5. That all provisions of the Comprehensive Zoning Ordinance 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 derided 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 govemed 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. 3 ss3807 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/~,~7~/i day of /q~)~v¢ ~ ~,e r- , 1996. APPRO.,~: TOM MORTON, MAYOR ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMITH, CITY ATTORNEY (PGS/ttl 9/27/96) 4 883807 PROPERTY DESCRIPTION COMMF~NCING at the intersection of the east line of Coppell Road (60' R.O.W.) and the north line of Bethel Road (60' R.O.W.); THENCE due North along the east fight-of-way line of Coppell Road a distance of 908.08 feet to the POINT OF BEGINNING, said point being also in the northwest corner of Lot 2 of Coppell Road Business Park, an addition to the City of Coppell recorded in the pht records of Dallas County. THENCE, continuing due North along the east right-of-way line of Coppell Road a distance of 97 feet to a point for comer; THENCE, S 89° 44' 00' E a distance of 179.95 feet to a point for comer; THENCE, S 89° 33' 17' E a distance of 100 feet to a point for corner; THENCE due South a distance of 97 feet to a point for comer; THENCE N 89° 33' 17' W a distance of 100 feet to a point for comer in the northeast comer of said Lot 2 of Coppell Road Business Park; THENCE N 89° 44' 00' W along the north line of said Lot 2 of Copped Road Business Park a distance of 179.95 feet to the POINT OF BEGINNING, and containing approximately 0.6234 acres of land. E~f~IBIT "A" E~IBIT "C" lO[~llBI'f