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CC approval of ORD 6/13/00 CITY COUNCIL MEETING: June 13, 2000 ITEM # 7 ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1171R, Coppell Home D6cor. zoning change request for property zoned HO-R-S.U.P (Historic Overlay Retail, Special Use Permit), by amending the use and the sign permitted in S-1171 from a beauty shop to a general retail store on approximately 0.16 acres of property located at 456 Bethel Road, east of Coppell Road, and authorizing the Mayor to sign. APPROVED BY ;..~o~=~---~--. CITY COUNCIL SUBMITTED B y L.Sieb ') DA T E __¢ ' I.~- at) TITLE: ~,D~,ij,..e._c..__t~olkgl:.P4atffiing and Community Services STAFF COMMENTS: (~d, ttql~'O0 'lq ' Z.CZ Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On March 14, 2000, City Council unanimously approved this zoning change (5-0). Staff recommends approval. Agenda Request Fod~ 5/00 Document Name: ~S1171Ro ' AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORmNANCE NO. 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 AMENDING SPECIAL USE PERMIT (S-1171) ORDINANCE NO. 91500-A- 239 BY AMENDING THE USE AND THE SIGN PERMITTED FROM A BEAUTY SHOP TO A GENERAL RETAIL STORE FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE REVISED SITE PLAN, LANDSCAPE PLAN, TREE SURVEY, SURVEY PLAT, AND SIGN ELEVATION ATTACHED HERETO AS EXHIBIT "B", "C", "D", "E" AND "F"; 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 othe~4se, and after holding due hearings and affording a full and fair hearing to all property owx~ers 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-1171R 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 amended by amending Special Use Permit (S-1171) Ordinance No. 91500-A-239 by amending the use and the sign permitted from a beauty shop to a general retail store and to approve the revised site plan for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with Special Use Plan (S-1171), Ordinance No. 91500-A-239, as amended hereto and as a further 1 32488 condition, the Site Plan, Landscape Plan, Tree Survey, Survey Plat and Sign Elevation attached hereto and incorporated herein by reference as Exhibits "B", "C", "D", "E" and "F", and made a part hereof for all purposes, are hereby, approved. SECTION 3. 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 4. 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 except as amended herein. SECTION 5. 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 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 any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as pro~4ded 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. 2 32488 SECTION 8. 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  % ? ~ ~ ,2000. AP~VED: _ ATTEST: . BAL-~, (~ITY SECRETARY ~ ATTORNEY (REH/cdb 5/12/00) 3 32488 This ~s lo cart,fy that I have, this dale made a careful and accurate survey, on the ground of property located at 456 Bethel Road: Beinq all that certain lot, tract or parcel of land located in the J.W. Anderson Survey, Abstract No. 18, Coppell, Dallas County, Texas and being a part of that certain tract of land conveyed to Floyd Hafwell, by deed recorded in Volume 1942. Page 139. Deed Records, Dallas County, Texas and being more particularly described Is follows: Beginninq at a 112 inch diameter iron rod set for comer in the present North line of Bethel Road (a 60 foot public right-of.way), said point being East, 25.00 feet from the East line of Coppall Road (a 60 foot public right-of-way): Ther~.C_e. Norlh (basis of bearing per deed, recorded in Volume 1942. Page 139). along the East line of a tract of land conveyed to Floyd Harwell. by deed recor;led in Volume 4427, Page 341. Deed Records, Dallas County, Texas, passing at 49.37 feet Ihe Northeast corner of same, continuing along a common bounelary line with a tract of land conveyed to Dallas County Fresh Water Supp,y District No. 17. a total distance of 69.37 feet to a 112 inch diameter iron rod found for corner, said po,hr being the Northwest corner of sa,d tract Conveyed to Floyd Harwell (Volume 1942. Page 139); Thence $oulh 89 deg. 43 min. 19 sec. East. continuing along said common boundary line, a distance of 100.00 feel to a chain h;tk fenice posl Iound (or corner, said point being the Northeast corner o! said tract conveyed to Floyd Harwell (Volume 1942. Page 139); Thence South, a distance of 68.88 feet to a 112 inch diameter iron rod set for comer in the said North line of Belhel Road; Thence west. along said North line, a distance of 100.00 feet to the PLACE OF BEGINNING and containing 6.912 scluare feet of land. gXH~BXT A P:t'H't'BXT D. 1 ~)UI'~V~' T I-'1.~ I This is lo certify thai I have. this date made a careful and accurate suwey, on the ground of property located at 456 Bethel Road: Beinq all that certain lot, tract or parcel of land located in the J.W. Anderson Survey, Abstract No. 18, Coppell, Dallas County, Texas and being a part of that certain tract of land conveyed to Floyd Harw~ll, by deed recorded in Volume 1942, Page 139, Deed Records, Dallas County, Texas and being more particularly described as follows: BeQinniflQ at s 1/2 inch diameter iron rod set for comer in the pre~ent North line of Bethel Road (a 60 foot public r~ght-of-way), said point being East. 25.00 feet from the East line of Coppall Road (a 60 foot public right-of-wey); ~l_;er[C_o_North (basis of bearing per deed. recorded in Volume 1942. Page 139). along the East line of a tract of land conveyed to Floyd Harwell. by deed recorded in Volume ~427, Page 341, Deed Records, Dallas County, Texas, passing at 49.37 feet the Northeast corner of ~ame, continuing along a common boundary lln~ with a tract of land conveyed to Dallas County Fresh Water Supply District No. 17, a total distance of 69.37 feet to a 112 inch diameter iron rod found for comer, sstd point being the Northwest corner of said tract conveyed to Floyd Herw~ll (Volume 1942, Page 139); Thence South 89 deg. 43 min. 19 sec. East, continuing along said common boundary line, a distance of 100.00 feet to a chain li,k lc,ce post Iound for corner, said point being the Northeast comer of said tract conveyed to Floyd Hsrwell (Volume 1942. Page 139); Thence South, a distance of 68.88 feet to a 1/2 inch diameter iron rod set for corner in the said North line et Bethel Road: Thence West, along said Noflh fine, a distance of 100.00 feet to the PI ACF OF BEGINNING and containing 6.912 square feet of land. DALLAS' COUNTY FRESH WATER SUPPLY DISTRICT NO. 17 ............... VOL 4296, PG. 611 DR/DCT. S 89' 43'19' E 100.00' N ~K BL~. } ~LT PA~ ~ST AT C~ER ~ ,, ~ ~ ~ ~, - ~ ~ ~, ,, ~~ ~ U~LI~ ~ 1.~ $.~1~ ~E FEET OF ~$T~T ~. 1~ ~ ~ ~T. ~; ~ - ~' . ~..~ · ,~. ..~ .... ~w ....... /' /- /' BETHEL ROAD are I~ ,~; ~l~ I~ I~ of ~ ~. ~; ~ ~ ~ ~o~ ~. ~_ ~ A & W SURVEYORS, INC. EO. BOX 87~ OnA~ BY MESOUITE. TX. 751~ (214) ~I~975 ~BIT g PROPOSED SIGNAGE PLAN PROPOSED $1GNAG E ~ ROOF - B~CK ~w SIGN DETAIL BLACK SCALE: !" = ! FT. ' ~. EXKIBIT F