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OR 91500-A-507 Zoning - Minyard's Historical Grocery Store AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-507 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 H (HISTORIC) TO PD-234- H (PLANNED DEVELOPMENT-234-HISTORIC) TO ALLOW THE RELOCATION OF THE 1,100-SQUARE- FOOT HISTORICAL BUILDING, TO WIT, KIRKAND HOUSE AND A 600-SQUARE-FOOT REPLICA OF THE MINYARD’S GROCERY STORE ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF W. BETHEL ROAD AND S. COPPELL ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE/LANDSCAPING PLAN AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B” AND “C”; PROVIDING FOR DEVELOPMENT REGULATIONS; 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.PD-234-H 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: 1 TM 31182.2.000 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 by granting a change in zoning from H (Historic) to PD-234-H (Planned Development-234-Historic) to allow the relocation of the 1,100-square-foot Kirkland House and a 600-square-foot replica of the Minyard’s grocery store on property located at the southeast corner of W. Bethel Road and S. Coppell Road and as described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That the Planned Development for office and museum uses is hereby approved subject to the following development regulations: A.Front yard setback of the Kirkland House exceeds 25 feet (measured from back of proposed curb). B.Ten-foot perimeter landscaping area is not being completely provided on the south property line and will be provided elsewhere on site. C.Kirkland House shall be renovated and maintained to its historical elements. D.That the Minyard’s building shall be maintained in its current elevations, façade and use as a museum; no sale of merchandise or retail use shall be permitted. SECTION 3. That the property shall be developed and used in accordance with the H (Historic) development standards under the Coppell Zoning Ordinance, except as 2 TM 31182.2.000 amended in the development regulations set forth in Section 2, as indicated on the Site/Landscaping Plan and Elevations, attached hereto as Exhibits “B” and “C”; and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used for office and museum uses 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 thedevelopment of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6 . 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 7 . 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 8 . 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. 3 TM 31182.2.000 SECTION 9. 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 10. 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 , 2008. DOU(~ILAS N.~TOVER, MAYOR ATTEST: L Y B CITY SECRETARY TO FORM: ROBERT E. HAG~~Y/CITY ATTORNEY (REH/cdb) [reviewed & re ' /only 09/18/08] 4 TM 31182.2.000 LEGAL DESCRIPTION WHEREAS, RUBY NELL WILSON, is the owner of ail that certain lot, tract or parcel of land situated in the names Simmons Survey, Abstract Number 1296, City of Coppell, Dailos County, Texas, end being port of that certain tract of land descr,"bed in deed to W'. ~ Wilson and wile, Ruby N. Wilson, recorded in Volume 2845, Page 193 of the Deed Records of Dallas County, Texas, and being more particularly described as follows: BEGINNING at a 1-inch iron pipe found in the east line of South Coppell Roed (a 60 foot right-of-way) and being the northeast corner of a 15 foot right-of-way dedication recorded under Document Number 20070444189 of the Official Public Records of Dallas County, Texas; THENCE North 01 degrees 31 minutes 01 seconds East, with the east line of said South Coppell Road, passing a i/2 -inch Iran rod found at a d%stance of 171.96 feet and continuing with seid course for a total distance of 217.46 feet to a ,.X,, set in the south line of Bethel Road (a variable width right-of-way) for corner; THENCE South 87 degrees 53 minutes 22 seconds East, with ±he south line of said Bethel Road, a distance of 183.32 feet to a "X" set for corner, THENCE South 00 degrees 27 minutes 20 seconds West, passing a 3/8-inch iron rod found, same point being the northeast corner of Lot 1, Block 1 of Historic Copped Properties Addition, cn addition to the City of Coppell, Dallas County, Texas, according to the plat thereof recorded under Document Number 200503594487 of the Official Public Records of Dailas Coun±y, Texas and continuing along said course for a total distance of 219.20 feet to a 1/2-inch iron rod found in the west line of said Lot 1, Block 1, same point being the northeast comer of Lot 1, Biock A of The Villages of Old Coppell, an addition to the City of Coppell, Dallas County, Texas, according to the plat thereof recorded under Document Number 200704444189 of the Off:cie Public Records of Dallas County, Texas; THENCE North 87 degrees 22 minutes 59 seconds West, with the north lire of said Lot 1, Block A, a distance of 187.42 to the POINT OF BEGINNING and containing 6.928 acres of land, more or Tess. r EXHIBIT "A" m x Z W "'1 W X21 SITE PLAN FRONT. '~~~ SITE PLAN CORNER -~~~~ 4 .~ , ~` SKETCH # 3 C4~~--- __ _-_ 1~1P L;..--... -_.. I-r_ _- _ 1..I ~ 9V _ -.. -__. _. -.i __.-_ .~ a ~~. ~. -. Baca '. 'oi'L..i `r _-. _. vrtEi ~ Fain u~E ~"~ ~ .~ ILEGE_NB _ _ I. 0~.. ~. ~-. K , ,°~ ~ .a w.,~ I II-- ~- _.__- 101 -° i __ _~ l~~ ~ .a~ -! r~coNOmoNs tea,:, -- ~~~d, ~oa~nr aa~~ceR•, ei~ ac~~ SITE DATA TABLE _ Ex15T~G jDWNG uI3TORIC - I PROPOSED ZOWNG PLANNED DEVELOPnFM 1~u+sroRlC i PROPOSED USE:OFFICEl1'A19EUM ~~ ~. K02KLAND RAISE 1150 SO. FT.. 15NKaN it I MINYARD STORE 600 SO. FT., IT NICaN I '~. RE' ED PARKING :1300 FOR OFFICE; 5 FOR ~'L9EUH I FRONDED PdRKING 69PACES(MCLUpNGIHANp0dP1 , ~I PROPOSED LOT COVERAGE :I4Tx '~ FLR 14:1 P0.f 00RN1 I_ _ _ - - _ 1st FLOOR C~~ LANDSCAPE AREA E TREE CALCULATIONS °ERIMETER 3%I SQ FT._ REdt11RED 194 50 FT, PROVIDED I TREES 9 REQUIRED _ 9 PROVIDED ELSEWHERE W/N SITE (NCT ALL LOAGTED W/N ~ PERO-IETER/ Ir.'ERIOR '00_SG7.FT. RELYJIRED ~QO SC7. FT °ROVIDED TREES , REQUIRED °RGVIDED uOaVEI-+IC.ILAR Ia955Q°1. 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