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CC approval of ORD 10//12/99AGENDA REQUEST FORM CITY COUNCIL MEETING: October 12, 1999 ITEM ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1166, Park 2q Fly, zoning change request from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permi0, to allow the placement of an underground storage tank and a gas dispenser on property located at 800 S. Royal Lane, and authorizing the Mayor to sign. SUBMITTED B~ TITLE: g and Community Services STAFF COMMENTS: APPROVED BY CITY COUNCIL DATE _/~-IZ- '~_ ..... Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A Council granted this zoning change request on September 14, 1999 (5-2) with the Mayor Pro Tem Tunnell and Councilmember Wheeler voting against the motion to approve. staff recommends approval. DIR. INITIALS: ~ FIN. REVIEW: (~ Agenda Request Form - 99 CITY MANAGER REVIEW: Document Name: ~S1166o AN ORDINANCE OF THE CITY OF COPPELL, TEXAS 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 "LI' (LIGHT INDUSTRIAL) TO "LI-S.U.P." (LIGHT INDUSTRIAL, SPECIAL USE PERMIT) TO GRANT A SPECIAL USE PERMIT FOR THE PLACEMENT OF AN UNDERGROUND STORAGE TANK AND A GAS DISPENSER FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, UNDERGROUND STORAGE TANK AND GAS DISPENSER ELEVATIONS, AND FUEL SYSTEM DETAIL, ATTACHED HERETO AS EXHIBITS "B", "C", AND "D"; 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. WItEREAS, 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-1166 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 "LI" (Light Industrial) to "LI- S.U.P." (Light Industrial, Special Use Permit) to grant a special use permit for the placement of an 1 28335 i underground storage tank and a gas dispenser, subject to special conditions for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the Special Use Permit for the placement of an underground storage tank and a gas dispenser is hereby approved subject to the following special conditions: (A) Complete compliance with the approved Site Plan, underground storage tank and gas dispenser elevations, and fuel system detail, attached hereto and incorporated herein by reference as Exhibit "B", "C", and "D". (B) No fuel dispensing activities or placement of combustible materials shall be allowed within fifteen (15) feet of any buildings nor within twenty-five (25) feet of building openings, property lines, streets, alleys or public ways. (C) Shall maintain all the appropriate licenses and/or permits from the Texas Natural Resource Conservation Commission (TNRCC). (D) No hazardous materials disposal shall occur on the premises. SECTION 3. That the Site Plan, underground storage tank and gas dispenser elevations, and fuel system detail, 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 amended, and as amended herein. Zoning Ordinance of the City of Coppell, as heretofore 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. 2 28335 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 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, rum 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 ~~ ,1999. CANDY; ~,'~E~i~AN, MAYOR. ATTEST: ~ECRETARY 3 28335 ROB'E~T E. HAGI~I~rCITY ATTORNEY (REH/cdb 9/23/99) 4 28335 STATE OF TEXAS: COUNTY OF DALLAS: OWNER'S CERTIFICATE WHEREAS, PARK 'N FLY it the owner of o tract of land $,tuated in the S.A. ~ M.G. Railroad Survey, Abstract No J4~9, County, Texas, and being a portion of those tracts of land recorded ~n Volume e7057 Page 3466 and Volume 87057 Page Deed Records of Dallas County, Texas (DRDCT), and being more particularly descr,bed as follows: BEGINNING at a 5/8' ~ron rod in the South I~ne of the St. Louis ~ Southwestern Railroad [I00 ff. ROW) as recorded in Volume 95 Page 518 ORDCT. so~d point also being the Northvest corner of Gateway Bu$~ness Pork. an add~tion fo fha C~ty of Coppe~l. Texas, as recorded fn Volume 921Z7 Page 0870 OROCT; THENCE South 01"51'06" West, along the West I,ne of sa~d Gateway Bus,ness Park. far a d~stonce af 1068 66 feet to a l/2" ~ron rod w/NDM plastic cap ~n the north line of Interstate H~ghway Loop No 635 {Gateway Boulevard. o variable wtdth ROW) accord,no to plans for Federal Aid Project No. ~655-6-(186)46~. Sheet No. 6; IHENCE North ~4040'~['' West, along the North I~ne of Loop 6~$, for~ o d~sfance of ~59.$5 teat, to a monument ~or corner; sa4d coRcrefe THENCE North 69cOZ'37'' West, continuing along said North ~ne. for a d~sfance of 675 89 feet. to a concrete monument for corner of the ~nfersect~on of said North I,ne with the East I,ne of Roya~ Lane (l~O ft. ROW); THENCE No,th 0~e38'40" East. along sa~d East ~ne. for a d~stance of 65~ 09 teat, fo o I/~' ~ron rod ~/'NDM prast~c cap for corner at the ,ntersect~on of sa~d East I,ne w~t~ the South I~n.e of sa,d St Lau~s ~ Southwestern Raflroad; THENCE North 87e~0'09'' East. along sar~ South ~,ne. for a d~stancs of 841 31 feet, to the POINT OF BEGINNING and contasn~ng 16.0716 acres (700.077 square feet) of land. I]:X'RTBT'~ I ! ! EXHiBiT · UNDERGR STORAGE TANK ELEVATION ~ · ~m emro ~