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OR 91-500-A-043 Operation of car wash at Braewood Dr AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A43 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 DISTRICT TO "C" COMMERCIAL DISTRICT WITH A SPECIAL USE PERMIT WITH SPECIAL CONDITIONS, TO ALLOW THE OPERATION OF A CAR WASH TO BE LOCATED ON A 0.989 ACRE TRACT OF LAND ON THE EAST SIDE OF DENTON TAP ROAD, 500 FEET SOUTH OF BRAEWOOD DRIVE, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATFACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN AS SHOWN IN EXHIBIT "B" ATTACHED HERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SAVINGS CLAUSE; 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. S-1074 should bc granted, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance 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 thc 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" Commercial w/th a Special Use Permit with special conditions, to allow thc operation of a car wash to be located on a 0.989 Acre tract of land on the east side of Denton Tap Road, 500 Feet south of Braewood Drive, being more par. ticularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the Specific Use Permit for a car wash is hereby approved subject to the following special conditions, to wit: 1. The vacuum operation shall be fully enclosed and the sound emanating from the enclosure due to the operation of the vacuum, measured at the exterior of the building, shall not exceed fifty-five (55) decibels. 2. The driveway shall contain a divider separating ingressing and egressing traffic. 3. Additional landscaping to buffer the sound from the adjacent neighborhood shall be added at the rear of the location. 4. That the Specific Use Permit shall be in accordance with the Site Plan marked Exhibit "B". SECTION 3. That the Site Plan for the Specific Use Permit shown in Exhibit "B" attached hereto and made a part hereof for all purposes, is 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. 2 SECTION 5. REPEALING CLAUSE That all provisions of 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 6. SEVERABILITY CLAUSE 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. PENALTY CLAUSE 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 8. SAVINGS CLAUSE 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 9. EFFECTIVE DATE 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 ~L~ ,3~g/t~, , 1994. APPROVED: ~,x. TOM MORTON, MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: PETER G. SMITH,21~ITY ATTORNEY 4 AGG04FEF EXHIBIT BEING a tract of land situated in the Edward A. Crow Survey, Abstract No. 301 in the City of Coppell, Dallas County, Texas and being more particularly described as follows: COMMENCING at a point of intersection of the north line of Vanbebber Road (a 50 foot right-of-way) with the east line of Denton Tap Road (a 100 foot right-of-way); Thence along the said east line of Demon Tap Road the following courses and distances, N. 48° 31'00" W., 49.60 feet to the beginning of a curve to the right having a cemral angle of 02° 37'00" and a radius of 5679.70 feet; Thence along said curve 259.39 feet; Thence N. 00' 06'00" E., 623.40 feet to the POINT OF BEGINNING, a ~" iron rod set for comer; THENCE N. 00° 02'58" E., 240.00 feet continuing along the said east line of Demon Tap Road to a 5" iron rod set for corner on the southwesterly line of a Lone Star Gas Company right-of-way (a 50 foot wide right-of-way); THENCE S. 58° 19'18" E., 328.67 feet along the said southwesterly line of the Lone Star Gas Company right-of-way to a 5" iron rod set for comer, said point being on the west line of the Second Revised Braewood West Addition, an addition to the City of Coppell as recorded in Volume 80153, Page 0053 of the Deed Records of Dallas County, Texas; THENCE S. 00° 36'02" W., 67.64 feet along the said west line of the Second Revised Braewood West Addition, to a 5" iron rod set for comer; THENCE N. 89° 57'02" W., 279.20 feet leaving the said west line of the Second Revised Braewood West Addition, to the Poim of Beginning and containing 0.988 acres (43,025 square feet) of land, save and except 0.054 acres (2,368 square feet) of land in a sidewalk and utility easemem, leaving a net area of 0.934 acres (40,657 square feet) of land. EXHIBIT EXItlBIT "B"