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OR 91-500-A-174 Zoning change from"HO-C" to "HO-C-S.U.P." for House of Style Salon AN ORDINANCE OF THE CITY OF COPPELL, TEXAS O INANCE NO. 91500A174 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-C" (HISTORIC OVERLAY-COMMERCIAL) TO "HO-C-S.U.P." (HISTORIC OVERLAY- COMMERCIAL, SPECIAL USE PERMIT), TO ALLOW A BUSINESS WITHIN A RESIDENTIAL STRUCTURE AND ON-SITE ASPHALT PAVING ON PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, REVISED LANDSCAPE PLAN, PLANT LIST AND SIGN DESIGN, ATTACHED HERETO AS EXHIBITS "B", "C", "D" AND "E" RESPECTIVELY; 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- 1125R 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 Coppcll, 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-C" (Historic Overlay-Commercial) to "HO-C-S.U.P." (Historic Overlay-Commercial, Special Use Permit) to allow a residential structure and 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 a residential structure and 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, Revised Landscape Plan, Plant List and Sign Design attached hereto as Exhibits "B", "C", "D" and "E" respectively, and made a part hereof for all purposes. (B) The driveway and parking area shall be paved with asphalt paving consisting of a compacted lime-stabilized subgrade at least 6 inches in depth, overlaid with a base course of Type "B" hot mix asphaltic concrete at least 4 inches thick, plus a surface course of Type "D" hot mix asphaltic concrete at least 2 inches thick; or as approved by the City Engineer. (C) Applicant shall comply with Engineering Department and Fire Department requirements. (D) Sign design and colors shall be in accordance with Exhibit "C", attached hereto and made a part hereof for all purposes. SECTION 3. That the Site Plan, Revised Landscape Plan, Plant List, and Sign Design, attached hereto as Exhibits "B", "C", "D" and "E" respectively, and made a part hereof for all purposes, be, and the same 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. 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. 2 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 ~7t-~ day of ~ ~>'Tze' rr? ~9{~ r" , 1997. A~VED: // //~/ cXiqr>,/ 3h 5/, ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: PETTER G~. SM? H, CI~ITY ATTORNEY PROPERTY DESCRIPTION BEING a parcel of land out of the J. W. Anderson Survey, Dallas County, Texas, and being out of a 13 acre tract of land out of said Survey conveyed to J. O. Thompson by W. T. Kirby and wife by deed dated October 7, 1911, and recorded in Volume 487, Page 418, Deed Records of Dallas County, Texas, and being part of the property described in deed recorded in Volume 81228, Page 1470, Deed Records of Dallas County, Texas, and part of the property described in deed recorded in Volume 2919, Page 358, Deed Records of Dallas County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found in the East line of South Coppell Road (a 60 foot wide right-of-way), the same being in the northwest corner of a tract of land conveyed to Altha L. Cribbs by deed recorded in Volume 2385, Page 430, Deed Records of Dallas County, Texas; THENCE North 01 ° 03' 55" West along said East line of South Coppell Road a distance of 85.71 feet to a 1/2 inch iron rod found in the northwest comer of said property described in deed recorded in Volume 2919, Page 358, Deed Records of Dallas County, Texas; THENCE due North continuing along said East line of South Coppell Road a distance of 16.50 feet to a % inch iron rod found in the southwest corner of a tract of land recorded in Volume 3871, Page 119, Deed Records of Dallas County, Texas; THENCE South 89° 08' 30" East along the south line of said tract a distance of 150.20 feet to its southeast comer; THENCE continuing South 89° 08' 30" East a distance of 49.80 feet to a point for corner; THENCE South 0° 51' 30" West a distance of 102.85 feet to a point for comer; THENCE North 88 o 56' 23" West a distance of 46.88 feet to a point in the northeast comer of said Cribbs tract; THENCE continuing North 88° 56' 23" West along the north line of said Cribbs tract to the POINT OF BEGINNING, and containing 20,353.8388 square feet of land, or 0.467 acres, more or less. EXHIBIT "A" SITE PLAN EXHIBIT "B" EXHIBIT "C" PrAtT UST '~ ~ SYMBOL )PLANT NA~E ~BOTANICALNA~E )SEE iHEIGHT )SPREAD (QUANTIP i ,TREES EX EXISTING ;TO BE PRESERVED + 112' + 5 LD iUVE DAK' QUERCUS~RGINb~qA !~L (1Z !6' 4 YH iYAUPON HOLLYILEX VOMITOR~ ( ND iNANDINA !i !NANDINA DOMESTICA )5GAL 130" ', 24" 18 CL iCLEYERAi i TERNSTROM~ GY~NANTHE~I5GAL 13~' )24" 11 FH I~STER HOt. LY iILEX~TTEN~Tg i ~ !~' !24" 9 HS iHONEYSUCKLE }~HITE LO'NICERAALBIFLORA 5GAL 3~' NG ;NATIVE GRASSES,i , ' 5GAL i3E' TJ TAM JUNIPER =JUNIPERUS SABINA ~ SE ,STEEL EDGING ;RYERSON STEEL EDGING BERM 1~' BERM'wITH SOD ', HYDRO~ULCH iBER~UDA HYDRO~ULCH "PtANT SPAONG DENDTED ON' PLAN i , , E)CBI])I~ "D" EXltlBIT WWE"" ·