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10/8/02 CC approval of Ord.COFPELL AGENDA REQUEST FORM DEPT: Planning & Economic Development DATE: October 8, 2002 ITEM #: 8/L ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1202, Gateway Business Park, No. 2, Lot 2R, Block C, zoning change from LI (Light Industrial) to LI-S-1202 (Light Industrial, Special Use Permit-1202), to grant a Special Use Perm/t to allow for outside petroleum products storage, to increase the size of Lot 2R to allow a generator with a screening wall, and to allow construction of 32 additional parking spaces on 7.613 acres of property located at 555 Dividend Drive, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: Decision of P&Z Commission: N/A N/A On July 18, 2002, the Planning and Zoning Commission unanimously approved these changes (6-0). On August 13, 2002, Council unanimously approved these changes (6-0). Staff recormnends approval. APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve Ord. # 91§00-A-338 M - Tunnell 5 - Raines Vote - 6-0 Stovev absent D1R. REVIEW: v~ FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: ~S1202 GBP #20RD I-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING ORDINANCE NO. 91500, 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-1202" (LIGHT INDUSTRIAL-SPECIAL USE PERMIT-1202) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR OUTSIDE PETROLEUM PRODUCTS STORAGE, TO INCREASE THE SIZE OF LOT 2R, TO ALLOW A GENERATOR WITH A SCREENING WALL, AND TO ALLOW CONSTRUCTION OF THIRTY-TWO (32) ADDITIONAL PARKING SPACES ON APPROXIMATELY 7.613 ACRES LOCATED AT 555 DIVIDEND DRIVE AND BEING MORE PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBIT "A"; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, ENLARGED SITE PLAN, LANDSCAPE PLAN, AND GENERATOR YARD PLAN, ELEVATIONS AND DETAILS, ATTACHED HERETO AS EXHIBITS "B", "C", "D" AND "E", RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; 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 heatings 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. S-1202 should be approved, and in the exercise of legislative discretion have concluded that Ordinance No. 91500, 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 Ordinance No. 91500, the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the goveming 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-1202" (Light Industrial-Special Use Permit-1202) to grant a special use permit to allow for outside petroleum products storage, to allow for the revision of the site plan to increase the size of Lot 2R to allow for a generator with a screening wall, and to allow for the conslxuction of thirty- 5O641 two (32) additional parking spaces on approximately 7.613 acres of property located at 555 Dividend Drive, and as depicted and particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference, and which shall be regulato~ to the permit granted herein and subject to the special conditions. SECTION 2. That the Special Use Permit for the outside petroleum products storage, revising the site plan to increase the size of Lot 2R, to allow for a generator with a screening wall, and to allow for the construction of additional parking spaces, is hereby approved subject to the following special conditions: (A) The site shall be developed in accordance with the site plan, enlarged site plan, landscape plan, and generator yard plan depicting the elevations and details of the screening wall, which are attached hereto as a further condition. (B) That the site shall adhere to all Fire and Building Code of the City of Coppell. SECTION 3. That the site plan, enlarged site plan, landscape plan, and generator yard plan depicting elevations and details, which are attached hereto as Exhibits "B", "C", "D" and "E", 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 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. 2 5o641 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. 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, finn 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 ~ day of ~r_~~, 2002. APPROVE~~4 ~ CANDY SHEE~I~MAYOR APPROVED AS TO FORM: LIBBY BALLj~t. Y~'ECRE~'~ARY~ ROBERT E. HAGER, CIT~ tTTORNEY (REH/cdb 9/25/O2) 3 5O641 LEGAL DESCP~IPTION Whereas Catellus Development Corporation is sole owner of nil of Loll I and 2, Block C, Gateway Business Park No. TTo an addition to the City of Coppell, situnled in the Cordelin Bowen Survey, Abstract No. 56 os shown on Ihe plat recorded In Volume 99104, Pnge 106, Plat Records, Dallas County, Texas. Sold Block C is more particularly described as follows: Beginning at o topless monument found in the northeasterly line of Interstnte Highway 635 (Lyndon B. Johnson Freewuy) and being tho soulhwosf corner of said Block Thence H 04 degrees 19 minutes 41 seconds E, 627. B4 feet to o t/2' iron wilh cap found, stan'c, ed 'Holff Associates, Inc.", in the southerly line of Dividend Drive as shown on said plot of Gateway Business Park No. II; Thence with the southerly line of Dividend Drive the following calls: N 55 degrees 13 minutes 29 seconds E, 43.69 feet to a I/2' iron with cap found, stamped 'Halff Associates, Inc.', at the beginning of a curve to the right; With the arc of said curve to the right 5/8' iron .{th cop set, stamped 'M.S.I. R.P.L.S. 4224'° at the beginning of o curve to the left. Said curve to the right has a radius of 412.50 feel, a central angle of 76 degrees 59 minutes 29 seconds, and a long chord which bears S 38 degrees 12 minutes 37 seconds E, 513.53 feel: W~th the arc of said curve to the tell, at i07. 15 feet Doss a 5/8' iron found at the common northeasterly corner of sa~d Lots I and 2. and continue on with the arc of said curve to the left for o tolal distance of 295.00 feet to a 5/8' iron found. Sa~d curve to the left has a radius of 4B?.50 feet, a central angle of 34 degrees 40 minutes 15 seconds, and a long chord which bears S 17 degrees 03 minutes O0 seconds E, 290.52 feel; S 34 degrees 23 minutes 08 seconds E, 366.57 feel to o 5x8' ~ron found: Thence SOI degrees 37 m~nutes II seconds W, 653.14 feel to o I/2' iron with cop found, stamped ' Holff ASsociates, Inc.', in fha northeasterly line of said Inlerstote H~ghway Thence N 34 degrees 23 minules 24 seconds W with Ihe northeaslerly line of so~d Interstate Highway 635, at 1.094.45 feet pass o I/2' Iron with cap found, stomped 'Halff Associoles. Inc.', and continue on with the northeasterly line of sa*d Inlerstale Highway 635 for o Iolal dlltancl of 1,194.45 feet to the po~nt of beginning and containing IZ.027 acres of land. eA.uo puep!No 6u/..~ed leUOp,!PP V · / eA.uO puep!A!Q ggg i~u!pi!n8 eo~O l ,Ifemele~) Jif