CC approval of ORD 12/8/98AGENDA REQUEST FORM
CITY COUNCIL MEETING:
December 8, 1998
ITEM #
ITEM CAPTION:
Consider approval of an Ordh~ance for Case No. $-1152. Eason Petroleum. Gas Station and Convenience Store, zoning change
request from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit) to allow the renovation and occupancy of a gas
station with convenience store on a half acre of property located at the southeast corner of Vanbebber Drive and S. Denton
Tap Road, and authorizing the Mayor to sign. , ~7' / ~ ~ / ?~ ~' ~
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF RECOMMENDS: APPROVAL
BY
CiTY CO, UUCIL
DATE f>
STAFF COMMENTS:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
This zoning change was unanimously approved by Council on November 10, 1998, by a vote of 7-0.
FIN. REVIEW:~
CITY MANAGER REVIEW:
Document Name: ~!s1152o
AN ORDINANCE OF THE CITY OF COPPEIJ~ TEXAS
AN ORDINANCE OF TIlE CITY OF COPPEIJ~, TEXAS,
AMENDING ~ COMPIlF. HENS1VE ZONING ORDINANCE AND MAP
OF THE C-TI'Y OF COPPEI;I~. TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM "C' (COMMERCIAL) TO "C-
S.U.P." (COMMERCIAL SPECIAL USE PERMIT) TO AIJOW A
GASOLINE STATION WITH CONVENIENC~ STORE FOR ~
PROPERTY DESCRIBED IN EXIt~IT "A' ATFACItED FfERETO;
PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE
APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, AND BUll,DING
ELEVATIONS ATFACHED HERETO AS EXHIBITS "B", "C", AND "D",
RESPECTIVELY; PROVIDING A REPEAI,ING CI~USE; PROVIDING A
SEVERABH.ITY CI~USE; PROVIDING A SAVINGS CI~USE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOI.I~,_RS ($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-1152 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 1T ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPE! J~, 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 "C" (Commercial) to "C-S.U.P."
(Commercial, Special Use Permit) to allow a gasoline station with convenience store for the property
descn'oed in Exhtq~it "A" attached hereto and made a part hereof for all purposes.
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SECTION 2. That the Special Use Permit for a gasoline station with convenience store is
hereby approved subject to the following special conditions:
(A) Monument sign shall be either ground lighted or unlighted.
(B) The Food Mart sign and logo shall use channel letters, white, black or neutral in color.
(C) The two utility poles on site or the two utility poles in the Vanbebber fight-of-way and
at least one utility pole on site, shall be removed prior to the issuance of a certificate of
occupancy and any additional electric facilities shall be placed under ground.
(D) Mechanical equipment and utility meters shall be placed in inconspicuous locations and
screened ~om view.
(E) Granting of variances to side yard and landscape requirements by the Board of
Adjustment prior to issuance of any building permit.
Ce-) Restriction of merchandise, such as magazine and newspaper racks, firewood, etc., and
of advertising and promotional materials, including drink machine advertising, to
interior of the building, with window signs limited to 10% of the glass area.
(G) That the property shall be developed and used only in accordance with the special
conditions, the Site Plan, Landscape Plan and Building Elevations attached hereto as
Exl~oit "B", "C" and "D".
SECTION' 3. That the Site Plan, Landscape Plan and Building Elevations attached hereto as
Exhibits "B", "C" and "D", respectively, 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 Coppelk as heretofore amended,
and as amended herein.
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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 derided 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 mended, 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 mended, 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 at, er its passage and
the publication of its caption, as the law and charter in such cases provide.
DIJLY PASSED by the City Council of the City of Coppell, Texas, this the ~/q day of
J~)ec ~m ~r~ ,1998.
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APPROVED AS TO FORM:
P~-TEP~ G. SM1T~ CITY ATTOKNEY
ROACH, CITY SECRETARY
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LEGAL DESCRIPTION
BEINO LOT I, BLOCK A. OF NORTHLAKE woODLA,~4D CENTER ADDITION. AN ADDITION TO TH~'
CITY OF COPPELL. DALLAS COUNTY. TEXAS, ACCORDING TO TI~E MAP THEREOF RECORDED
VOLUME 81254. PAGE 1447, MAP RECORDS, DALLAS COUNTY, .' TEXAS,AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS; ,
BEGINNING AT A POINT IN THE lEAST UNE Of' DENTON TAP ROAD. SAID POINT
BEING NORTH 02 DEGREES 52 MINUTES 07 SECONOS WEST AI~ONG SAID EAST LINE.
142.65 FEET FROM ITS INTERSECTION VdTH THE NORTH UNE OF B£TH~'L ROAD;
THENCE: NORTH-02-DEGREES-S2-~NCrTES' 07 'SECONDS t~:ST' ALONG THE FAST UNE
OF DENTON :-AP ROAD FOR A DISTANCE OF 90.00 FEET, TO .A-POINT FOR CORNER;
THENCE NORTH 41 DEGREES 06 IlJINUTES :5.3 SECONDS EAST ALONG EXISTING STREET
R.O.W. , A DISTANCE OF 50..35 FEET, TO A POINT FOR CORNE~:
THENCE NORTH 85 DEGREES 05 UiNUTES 5.1 SECONDS EAST ALONG THE EgIS]lNG SOU.TH
LINE Of' VANBIBBER ROAD FOR A DISTANCE OF 140.12 FEET TO A POINT FOR CORNER;,
THENCE. SOUTH 02 DEGREES 52 MINUTES 07 SECONDS EAST F. OR A DISTANCE 0F'151.20
FEET. TO A POINT FOR CORNER;
THENCE. SOUTH 87 DEGREES 07 MJNU~S 53 SECONOS WEST; FOR A DISTANCE OF 175.00
FEET. TO THE POINT OF BEOINNJNG, CONTAINING 0.50 ACRES OF LANO.
k~X~IBIT 'A"
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JACK McGRATH & ASSOCIATES
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