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OR 91-500-A-178 Zoning change from "HO-R"to "HO-R-S.U.P." for Bethel Rd. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A178 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 "HO-R" (HISTORIC OVERLAY-RETAIL) TO "HO-R-S.U.P." (HISTORIC OVERLAY-RETAIL- SPECIAL USE PERMIT), TO ALLOW ON-SITE ASPHALT PAVING ON PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXHIBIT "B"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR 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 Case No. S- 1131 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 are hereby amended to grant a change in zoning from "HO-R" (Historic Overlay-Retail) to "HO-R-S.U.P." (Historic Overlay-Retail, Special Use Permit) to allow on-site asphalt paving on property described in Exhibit "A" , attached hereto and made a part hereof for all purposes. SECTION 2. That the above change in zoning for Special Use Permit for on-site asphalt paving is hereby granted, subject to the following special conditions: (A) The property shall be developed and used only in accordance with the Site Plan attached hereto as Exhibit "B" , and made a part hereof for all purposes. (B) The driveway and parking area pavement shall be constructed in accordance with plans and specifications approved by the City Engineer. (C) The fire lane portion of the pavement shall be capable of supporting a 40,000 pound vehicle. SECTION 3. That the Site Plan attached hereto as Exhibit "B" and made a part hereof for all purposes, be, and the same 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 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. That an offense committed before the effective date of this ordinance is governed by the 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. DUI, Jr PASSED by the City Council of the City of Coppell, Texas, this the 77~''//~ day of ~O ~'r' , 1997. 2 APPRO)~ED CANDY SH~j~HAN, ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: ~TER G. SMITH, ~ITY ATTORNEY 3 PROPERTY DESCRIPTION BEING a tract of land out of the James A. Simmons Survey, Abstract No. 1296, in the City of Coppell, Dallas County, Texas, and being more particularly described as follows: COMMENCING at the intersection of the south right-of-way line of Bethel Road with the centerline of that segment of Coppell Road which extends from Bethel Road northward to Sandy Lake Road; THENCE due West a distance of 60 feet to the POINT OF BEGINNING; THENCE due South a distance of 234 feet to a point for corner; THENCE due West a distance of 366 feet to a point for comer; THENCE. due North a distance of 90 feet to a point for corner; THENCE. due East a distance of 180 feet to a point for corner; THENCE. due North a distance of 144 feet to a point for corner; THENCE. due East a distance of 186 feet to the POINT OF BEGINNING; and containing 1.371 acres of land, more or less. EXHIBIT "A" NORTH 9~ . ~.~ SITE PLAN ~ ~' C ~FRAME SUNDAY SCHOOL BLD~