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PD188-AG010109.Ordinance:~ .-' ~ ~, T Y °"AGENDA REQUEST FORM CoPPEIJL ~ :.~-.. ~ ~~~;~T~ ~OUN~I~, ~T~NO: ~an~ary 9, ~001 ~T~" ~ ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-188, HO-C, zoning change request from HO-C and HO- C-S-1125R (Historic Overlay, Commercial and Historic Overlay, Commercial, S-1125R) to PD-188-HO-C (Planned Development-188, Historic Overlay, Commercial), to allow the construction of a restaurant with a private club and the expansion of a free-standing beauty shop on approximately 1.27 acres of property located along the east side of Coppell Road, approximately 200 feet south of Cooper Lane, and authorizing the Mayor to sign. APPROVED SUBMITTED BY( Gary L. Sieb "~ TITLE: '~.~and STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A BY CITY COUNCIL Community Services DATE /- q- t~ I _ On August 17, 2000, the Planning Commission unanimously approved this zoning change request (6-0). On November 14, 2000, City Council unanimously approved this zoning change request (7-0). Staff recommends approval. DIR. INITIALS: ~ Agenda Request Form - Revised 5/00 FIN. REVIEW: CITY MANAGER REVIEWl Document Name: @PD 1880 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~00"/~" ~ 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 "HO-C" (HISTORIC OVERLAY, COMMERCIAL) AND "HO-C-S-1125R (HISTORIC OVERLAY, COMMERCIAL, S-1125R) TO "PD-188-HO-C" (PLANNED DEVELOPMENT-188, HISTORIC OVERLAY, COMMERCIAL) TO ALLOW FOR THE CONSTRUCTION AND OPERATION OF A RESTAURANT WITH A PRIVATE CLUB AND THE EXPANSION OF A FREE-STANDING RETAIL FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF A SITE PLAN, LANDSCAPE PLAN, WEST ELEVATIONS OF RETAIL AND RESTAURANT, ELEVATIONS OF RETAIL AND FLOOR PLAN OF RETAIL, ATTACHED HERETO AS EXHIBITS "B", "C", "D", "E" AND "F", 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 goveming body is of the opinion that Zoning Application No. PD-188. HO-C 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 fi.om "HO-C" (Historic Overlay, Commercial) and "HO-C-S- 1125R" (Historic Overlay, Commercial, S- 1125R) to "PD-188-HO-C" (Planned Development-188, Historic Overlay, Commercial) to allow for the construction and operation of a restaurant with a private club and the expansion of a free-standing retail 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 the following development conditions set forth and as further conditions, Site Plan, Landscape Plan, West Elevations of Retail and Restaurant, and Elevations of Retail and Floor Plan of Retail attached hereto as Exhibits "B", "C", "D", "E" and "F", respectively: A. That the property shall be developed in accordance with the Site Plan, Landscape Plan, Elevations and Floor Plan attached hereto, and shall comply with the development conditions specified on the same. B. That the exhaust fan shall be in-line and shielded from the southern exterior view. SECTION 3. That the Site Plan, Landscape Plan, West Elevation of the Retail and the Restaurant, Elevations of the Retail and Floor Plan of the Retail, attached hereto as Exhibits "B", "C", "D .... E", and "F", 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 Coppell, as heretofore amended, and as amended herein. SECTION 5. That all provisions of thc 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 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 govemed 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 fi.om 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 , 200~ APR ~OBERT E. HA(JER, CITY ATTORNEY (REI-I/cdb 12/04/2000) CA.b~Y SHE~7'MAYOR ATTEST: WHEREAS, CAMILLE JURASEK AND KlM DOBECKA, acting by and through the undersigned, its duly authorized agent, is the sole owner of that certain tract or parcel of land Containing 1.27 acres situated in the James W. Anderson Survey, Abstract No. 18 of Dallas County, Texas in the City of Coppell and being a p(]rt of the some property conveyed to Camille Jurasek as recorded in Volume 99046, Page 5727 and the some tract of land conveyed to kim Dobecka as recorded in Volume 99055, Page 6925 of the Deed Records of Ballas County, Texas. This 1.27 acres is more particularly described by metes and bounds as follows: BEGINNING ot an "X" cut found at southeast corner of said Jurasek tract, same being the southwest corner of Lot 12, Block G, of the Coppell Village and addition to the City of Coppell os recorded in Volume 80247, Page 0002 of the Deed Records of Dallas County, Texas, and asia being in the north line of a tract of land conveyed to R.L. Robertson, L.L.C. as recorded in Volume 98170, Page 05891, of the Deed Records of Dallas County, Texas; THENCE N 89 deg. 11 min. 18 sec. W, with the common line of said Jurasek and R.L. Robertson tract and the some tract as recorded in Volume 78164, Page 12,879, of the Deed Records of Dallas County, Texas a distance of 237.54 feet to a iron pipe found for corner, said point being in the east right-of-waY line of Coppell Road, and being the southwest corner of said Jurasek tract, same being the northwest corner of said tract as recorded in Volume 78164, Page 2879; THENCE N 01 deg. 08 min. 39 sec. W, along the east right-of-way line of said Coppell Road a distance of 202.81 feet to a 1/2 inch iropn rod set for corner, said pain( being the northwest corner of said Jurasek tract; THENCE S 89 deg. 08 min. 30 sec. E along the north line of said Jurasek tract a distance of 150.20 feet to a 1/2 inch iron rod set for corner, said point being and ell corner of said Jurasek tract; THENCE N 01 deg. 08 min. 07 sec. W along the west line of said Jurasek Tract, a distance of 70.12 feet to an 1/2" iron rod set for corner, said point being the northwesterly corner of said Jurasek tract and being in the south line of said Coppell Village Addition; THENCE S 89 deg. 02 min. O0 sec. E, along the south line of said Coppell Village Addition a distance of 9.3.89 feet to a 1/2 inch iron rod set for corner said point being an interiro corner of said Coppell Village Addition, same being the northeast corner of said Jurasek Tract; THENCE S O0 deg. 143 min. 58 sec. W, along the common line of said jurasek tract and said Coppell Village Addition a distance of 272.41 feet to the PLACE OF BEGINNING, and containing within these metes and bounds 55,129 square feet or 1.27 acres of land. EXHIBIT "A" Scale 1' :~ 20' r,~-~.RLAND PENDEflCN::~kF, dfl. ~,. ,.~. ;, WEST ELEVATION ELE¥,4TION N<::: RTH~ ELEV'ATION iEA~ t ELEVATION iI . EA.,~T ELEV'ATION WEST ELEVATION PROPOSED i