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OR 91500-A-612 Trinity River Kayak Co. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-612 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 PD-260-R (PLANNED DEVELOPMENT-260- RETAIL), TO ATTACH A DETAIL SITE PLAN ON 1.5 ACRES OF PROPERTY TO ALLOW A CONVENIENCE STORE AND CANOE, KAYAK, PADDLEBOARD STORAGE, RENTALS AND SALES TO BE LOCATED AT 1601 E. SANDY LAKE ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, ELEVATIONS AND SIGN PLAN, ATTACHED HERETO AS EXHIBITS “B”, “C” AND “D”, RESPECTIVELY; PROVIDING 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-260-R 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 request from R (Retail) to PD-260-R (Planned Development-260-Retail), to attach a 1 TM 59217 Detail Site Plan on 1.5 acres of property to allow a convenience store and the outdoor storage of canoe, kayak, paddleboard storage (OUTDOOR), rentals and sales to be located at 1601 E. Sandy Lake Road being more particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to the development regulations. SECTION 2. That PD-260-R is hereby approved subject to the following development regulations: A.The entire fire lane shall be concrete and shall meet the minimum standards. All other parking areas can be paved an alternative paving material such as limestone, granite or asphalt, with a weight-bearing-load requirement of a minimum of forty thousand (40,000) pounds. B.Along the western property line an effective screening height of a minimum of (6) six feet from grade as measured from the western property line shall be provided, which may be a combination of wood fence and retaining walls. C.Outside storage for kayaks may be abutting the south property line (within the 20’ rear yard setback) and shall be enclosed with an (8) eight-foot solid fence along the southern property line, and a minimum six-foot solid fence on the other three sides. D.The existing septic system may be retained but, must be inspected, certified, and maintained in compliance with state and local law. E.This development shall be connected to the existing water line. 2 TM 59217 F.All existing and new buildings shall comply with applicable Building and Fire Codes and State Accessibility Regulations. G.If access to the river is provided, then permits must be obtained from the City of Dallas or any other appropriate regulatory agency. H.All attached signage shall comply with Chapter 12, Article 29, Sign Regulations, of the Coppell Code of Ordinances, as amended. SECTION 3. That Site Plan, Landscape Plan, and Elevations attached hereto as Exhibits “B”, “C”, and “D” and made a part hereof for all purposes, 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 the development 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. 3 TM 59217 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. 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 2. day of -�e.L �! ,2013. APP' OVE D. t/ k / ' N '1"5".BO HUN , MAYOR ATTEST: _/ HRISTEL PETT 1 OS, CITY S• RETARY APPROV' • S TO •RM: i ROBERT E. HAGER,4'TY ATTORNEY (REH/mpm) 4 TM 59217 LEGAL DESCRIPTION Whereas VARNELL HOLDINGS,LLC,a Texas limited liability company is the owner of all that certain 1.494 acre tract or parcel of land situated in the Weston Perry Survey,Abstract No. 1152,Dallas County,Texas,and being a part of a called 38.1 acre tract of land as described in Volume 3840,Page 185,of the Deed Records of Dallas County,Texas,being part of that tract of land described in Deed to Pearl C. Harrington as recorded in Volume 97200,Page 1054,Deed Records,Dallas County, Texas,and also being all of that 1.494 acre tract of land described in a deed to VARNELL HOLDINGS LLC,a Texas limited liability company as recorded in under Document No. 201200295159,Real Property Records,Dallas County,Texas and being more particularly described as follows: BEGINNING at a 2"iron pipe found for the Southwest corner of said 1.494 acre tract,same corner being an ell corner in the East line of Trinity Shores Addition,an addition to the City of Coppell as recorded in Volume 2002083,Page 28,Plat Records, Dallas County,Texas; THENCE North 04 degrees 22 minutes 53 seconds West along the East line of said Trinity Shores Addition,passing at a distance of 396.99 feet the Northeast corner of said Trinity Shores Addition,and continuing in all a total distance of 408.94 feet(deed calls 415 feet)to a 1/2" iron rod with red cap stamped"4597"set for the Northwest corner of the tract described herein,said 1/2" iron rod also being in the South line of Sandy Lake Road(variable width right-of-way)as described in the Right-of-Way Deed to the City of Coppell as recorded in Volume 97076,Page 2747,Real Property Records,Dallas County, Texas,said 1/2"iron rod also being the beginning of a curve to the left having a radius of 2545.00 feet and a chord bearing and distance of North 85 degrees 20 minutes 45 seconds East,42.47 feet; THENCE with said curve through a central angle of 0 degrees 57 minutes 22 seconds,an arc length of 42.47 feet to a steel/iron spike found for corner in the South line of said Right-of-Way Deed on the South line of Sandy Lake Road; THENCE continuing along the South line of said Right-of-Way Deed and the South line of Sandy Lake Road the following bearings and distances: THENCE South 05 degrees 47 minutes 10 seconds East a distance of 15.00 feet to a cut"X"found for corner; THENCE North 84 degrees 06 minutes 06 seconds East a distance of 8.00 feet to a steel/iron spike found for corner; THENCE North 05 degrees 39 minutes 24 seconds West a distance of 14.92 feet to a steel/iron spike found for corner at the bottom of a concrete retaining wall and being the beginning of a curve to the left having a radius of 2545.00 feet and a chord bearing and distance of North 84 degrees 02 minutes 15 seconds East,57.71 feet; THENCE with said curve through a central angle of 1 degree 17 minutes 57 seconds,an arc length of 57.71 feet to a steel/iron spike found for corner at the bottom of said concrete retaining wall; THENCE North 84 degrees 04 minutes 04 seconds East a distance of 14.14 feet to a steel/iron spike found for corner at the bottom of said concrete retaining wall; THENCE South 07 degrees 02 minutes 13 seconds East a distance of 18.78 feet to a steel/iron spike found for corner; THENCE North 82 degrees 57 minutes 47 seconds East a distance of 7.00 feet to a steel/iron spike found for corner; THENCE North 07 degrees 02 minutes 13 seconds West a distance of 4.00 feet to a steel/rron sluice found for corner; THENCE North 82 degrees 57 minutes 47 seconds East a distance of 12.09 feet to a 1/2"iron rod with red cap stamped"4597" set for the Northeast corner of the tract described herein, 1/2"iron rod being in the South line of said Right-of-Way Deed and the South line of Sandy Lake Road and also being in the West line of a called 3.9 acre tract of land conveyed to the City of Dallas as recorded in Volume 540,Page 21,Deed Records,Dallas County,Texas; THENCE South 08 degrees 21 minutes 49 seconds East along said West line of said 3.9 acre tract a distance of 419.00 feet to a 1/2" iron rod with yellow cap stamped"2437" found for the Southeast corner of the tract described herein,said 1/2"iron rod also being a northeasterly corner of said Trinity Shores Addition; THENCE North 87 degrees 30 minutes 44 seconds West(basis of bearing from Trinity Shores Addition as recorded in Volume 2002083,Page 28,Plat Records,Dallas County,Texas)along a northerly line of said Trinity Shores Addition a distance of 172.42 feet(deed calls 170 feet)to the POINT OF BEGINNING and containing 65,062 square feet or 1.494 acres of land, more or less. 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