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OR 91-500-A-085 Zoning - R, operation of gift shop at 416 Bethel Rd AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A85 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 "R" (RETAIL) TO "R.S.U.P." (RETAIL-SPECIAL USE PERMIT) FOR THE OPERATION OF A GIFT SHOP WITH SPECIAL CONDITIONS FOR PROPERTY LOCATED AT 416 BETHEL ROAD, COPPELL, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXHIBIT "B"; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS 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; 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-1067 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 is hereby amended to grant a change in zoning from "R" (Retail) to "R.S.U.P." (Retail - Special Use Permit) for the operation of a gift shop with special conditions for property located at 416 Bethel Road, Coppell, Dallas County, Texas, and being more particularly described in Exhibit "A" attached hereto. SECTION 2. That the change in zoning for Special Use Permit for the operation of a girl SECTION 2. That the change in zoning for Special Use Permit for the operation of a gift shop is hereby granted subject to the following special conditions: 1. Parking shall be provided as shown on the Site Plan attached hereto as Exhibit 2. That the property shall be developed and used only in accordance with the Site Plan attached hereto as Exhibit "B". SECTION 3. That the Site Plan as shown in Exhibit "B", attached hereto 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. 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 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 2 AGGO608B Comprehensive Zoning Ordinance as a whole. 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. DULY PASSED by the City Council of the City of Coppell, Texas, this the ~,2~ay of 7~~, 1995. APPROVED: TOM MORTON, MAYOR ATTEST: LINDA GRAU, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMITI~, CITY ATTORNEY (PGS/jd 3-17-95) 3 AGG0608B EXHIBIT "A" LEGAL DESCRIPTION Being a tract of land situated in the James W. Anderson Survey, Abstract No. 18, in the Town of Coppell, Dallas County, Texas, and being part of a tract of land conveyed to W. J. Mitchell and wife, Eva Mitchell by C. C. Mitchell and wife, Bessie Mitchell by Warranty Deed dated January 27, 1960, and recorded in the Deed Records, Dallas County, Texas, and being more particularly described as follows: BEGINNING at an iron rod for corner in the North line of Bethel School Road (having a 60.0 foot wide right-of-way), same being 500.00 feet East of the intersection of the East line of Coppell Road with said North line of Bethel School Road; THENCE North 00° 59' 52" West generally along a wire fence for a distance of 406.29 feet to an iron rod found for comer; THENCE North 88° 58' 31" East generally along a wire fence for a distance of 89.80 feet to an iron rod for corner; THENCE South 01° 01' 08" East, 248.05 feet to the Northwest comer of a tract of land conveyed to E. E. Gentry and continuing along the West line of said E. E. Gentry tract for a total distance of 407.90 feet to an iron rod for comer in said North line of Bethel School Road; THENCE West along said North line of Bethel School Road for a distance of 89.97 feet to the PLACE OF BEGINNING. EXHIBIT "A"