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OR 91500-A-516 PD-228R2-HC AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-516 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 PD-228R-HC (PLANNED DEVELOPMENT-228 REVISION-HIGHWAY COMMERCIAL) TO PD- 228R2-HC (PLANNED DEVELOPMENT-228 REVISION 2-HIGHWAY COMMERCIAL) TO ALLOW AN EXTERNALLY LIT GAS PRICE MONUMENT SIGN FOR THE CONVENIENCE STORE WITH FUEL SALES AND DRIVE-THROUGH ON APPROXIMATELY 1.19 ACRES OF PROPERTY, APPROXIMATELY 200 FEET NORTH OF THE NORTHEAST CORNER OF S.H. 121 AND DENTON TAP ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE REVISED DETAIL SITE PLAN AND SIGN ELEVATION, ATTACHED HERETO AS EXHIBITS “B” AND “C”, RESPECTIVELY; 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-228R2- should be approved, and in the exercise of legislative discretion have concluded that the HC 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 by granting achange in zoning from PD-228R-HC (Planned Development-228 Revision-Highway Commercial) to PD-228R2-HC (Planned Development- 228 Revision 2-Highway Commercial) to allow an externally lit gas price monument sign for the convenience store with fuel sales and drive-through on approximately 1.19 acres of property, approximately 200 feet north of the northeast corner of S.H. 121 and Denton Tap Roadand being , more particularly described in Exhibit “A”attached hereto and made a part hereof for all purposes as depicted on the site plan. SECTION 2. This Planned Development-228R2-HC shall be developed and used only in accordance with the development regulations, as follows: A.The Planned Development shall comply with the use regulations set forth in Zoning Ordinance Number 95100-A-482, except as amended herein. B.A 40 square-foot monument sign shall be located along Denton Tap Road in compliance with the attached Exhibit B, Detail Site Plan, and shall conform to the Sign Elevation attached hereto as Exhibit C hereof and shall be illuminated downward from the cast stone cap. SECTION 3 . The property shall be developed and used in accordance with the HC (Highway Commercial) development standards under the Coppell Zoning Ordinance, except as amended in the Revised Detail Site Plan and Sign Elevation as attached hereto as Exhibits “B” and “C” respectively, and made a part hereof for all purposes, which 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 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 . 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 TM 35281.2.000 2 decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. 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 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 ~-= day of 2009. ATTEST: L BY B ,CITY SECRETARY APPROV ROBERT E. HAGER, Y ATTORNEY (REEUcdb Reviewed & Revised 2/27/09) TM 35281.2.000 LEGAL DESCRIPTION Being all of Lot 5, Block A, of the Vista Ridge Retail Addition, being an addition in the City of Coppell, Dallas County, Texas Property also known as 750 North Denton Tap Road. EXHIBIT `A' ~~ ip ~~ __- - - - - °' - - - - - - - - - - - - -- e. - - - d' MCMWMENT m x o~ -~ N: NOTE SETBACKS: 1 s' setback from property Nne sr-6' from drhreway t 1 17s' from driveway N2 79'-6' from south property line %~ ~ OKTOMB Market Street 111.SQFL 4'-0' z t (Y-0' = 40 B OB07-120r3pt ~~ ~~ ~ ~ pAIE ~ ~~~ t6fAl10N 7s0 N. Denton Tap Rd. Debbie Stegar 5. Causseaux SfUf (As Shown • ~~ ~ • ~>af~1161 ~SWE C TX G.Owens 5144 N/A ~ 12-9-08 ~~ ~~~ •- ~ ~~ ~~ ~s ~ y~ ~~ x ~~ - ~: .~ - ~: n ~~ ~~^ ~, I t 66 t R~ €' ~ ~ h1' ~ i a O ~ V~ N a a ~~~ ~ ~ ~~ 3, ~~' ~ j~ 1 -- ~ c ,„~. s` G ~~~ ~ ~~~ v F.%HIBIT "C-1" ~~ ~ ~~~ ~ ~ ~~ ~~ ~. ~r r~.. ~ ~ ~}~ ' C L l ~ i ~ ~ ~ _ ~ ~ ~~~ ~ ~ ~~ ~~ . t, ~. ~~~ a 7 ~ 1 r ~ t ~ a.~'- z r: , ~ S ~? ? 7~ ' ~. i ~i. ~ Y y ~ ~~ {, • < , y , ~_Z~ ~ f , G. Y _ n ~"+... ~ i ~ ~. ~~~ ~ ~ ~~ J ~r~ r A~ v v +~ ffiIBIT "C-2"