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OR 91-500-A-134 Zoning change to PD Commercial, for Minor Automotive Service Facility AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A134 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 "PD-C" (PLANNED DEVELOPMENT, COMMERCIAL) TO ALLOW A MINOR AUTOMOTIVE SERVICE FACILITY, LOCATED ON THE WEST SIDE OF MACARTHUR BOULEVARD, APPROXIMATELY 1,014 FEET NORTH OF BELTLINE ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATFACHED HERETO AS EXHIBIT "B"; PROVIDING FOR THE APPROVAL OF SIGN ELEVATION ATTACHED HERETO AS EXHIBIT "C"; 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 aiter 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-152 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 ~ 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 fi.om "C" (Commercial) to "PD-C" (Planned Development, Commercial) to allow a minor automotive service facili~, located on the west 8S231 1 side of MacArthur Boulevard, approximately 1,014 feet north of Beltline Road, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the Site Plan, Exhibit "B'; the Sign Elevation, Exhibit "C"; and the following special conditions for development: (A) Plans shall be approved by the Riverchase Architectural Review Committee; 03) All automobile service shall take place inside the building; (C) All roof-top mechanical equipment and antennae shall be screened; (D) No advertising flags shall be permitted; (E) Signs inside the building shall be no larger than 3 square feet in area, and none shall face an open bay doorway or bay door glass; (F) Exterior signs shall be limited to those as shown on the site plan elevations, with signs above bay doors not to exceed 9" in height; (G) Sign colors shall be limited to Plexiglas 2050 Blue, Gemini 7138 White, 3M 830-43 Red, and Black; (H)Exterior construction and building materials shall be limited to: 1. Predominant brick - U.S. Brick Patriot Executive (1Vfmeral Wells Plant) 2. Accent brick - U.S. Brick Irfilstone (Ogden Plant) 3. Bay door, facia and trim paint - Glidden Master Palette Historic Tan 30YY 50/176. (I) Foundation plantings at least 30" high shall be provided adjacent to the east and west elevations of the building. 88231 2 SECTION 3. That the Site Plan, attached hereto as Exhibit "B", and Sign Elevation attached hereto as Exhibit "C", 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 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 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 g. That any person, farm 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. SS231 3 SECTION 9. That this ordinance shall take effect immediately fi.om and a~er 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 / ~ ~%i~day of /~~ a~ , 1996. APPROVED: TOM MORTON, MAYOR ATTEST: APPROVED AS TO FORM: PETER G. SM]TH, CITY ATTORNEY (PGS/ttl 7/11/96) $S231 4 PROPER~Y DESCRIP110N BEING o tract of lenO situated in the Singlet~ Th~son ~troct NO. 149~, ;n the City of .C~I, ~llas C~ty. Texas, Texas, and b~ng ~re ~iculorly d~r~ed ~ BEGINNING at 0 1/~ iron r~ set ~ith cap stomp~ NOM, ~id ~ron r~ b6~ ~n the ~t righ~-of-eoy of M~hur ~ul~r~ (o 1 ~ riq~-ol-way) ~i~ ~on r~ ~ing ~ 2~'0~' E, 11994 fr~ o ~ toun~ m ~ver br~cks lot the ~uth~st ~r Of 6.~9~ ~re tra~t; THENCE N ~6'1~ W, 227.37 ~eet to o I/2' iron r~ ~t with co~ stom~- THENCE N 2~13'41' ~. 1J1.46 t~t to o 1/~ ~ron r~ ~t cop sto~ THENCE S ~5'2~ E, 2~.34 ~t to o 1/~ ~ r~ ~t cop stOm~ NOM in t~ o/orementione~ ~t r{~ht-of-~ Of ~O~thur ~l~rO for the ~int of culture of O non-to~t cu~e 1o t~ nqht, hovin~ o c~trai onqM of ~49'1~, o of 765~ f~t, o tang~t length ~ ~.72 feel, ond 0 l~g chord thor ~rS S 2~1Y24' W, 1~.96 f~t; * THENCE an otc distance of !~1.1'2 f~t w,th ~id cu~e ~d ruth ~ie eest right-of-cay to o 1/~ iron r~ f~nd eith ~P TH[NCF, % 27~'01' W, 1.48 feet eith ~ e~t r~ht-of-way tO the POINT 0F ~GINNING and conta~ni~ 0.6~ ~r~ (29,~9 al land. more or less EXHIBIT