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ORD approval by CC 2/10/04AGENDA REQUEST FORM COl'FELL DEPT: Planning DATE: February 10, 2004 ITEM #: 7/D ITEM CAPTION: Consider approval of an Ordinance for Case No. S- 1212-Ll, Pump it Up, zoning change from LI (Light Industrial) to S-1212-El (Special Use Permit-1212- Light Industrial), to allow the operation of an approximate 16,800 square- foot indoor recreation/entertainment center to be located at 1405 S. Beltline Road, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: Decision of P&Z Commission: APPROVED BY CITY COUNCIL ABOVE DATE N/A N/A Motion to Approve Ord. Ct 91500-A-368 M - Tunnell S - Peters Vote - 5-0 York absent. Raines absent for this )art of the meeting. On December 18, 2003, the Planning Commission recommended approval of this zoning change (7-0). On January 1% 2004, Council unanimously approved this zoning change (7-0). Staff' recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: (;~S-I 2 20RD -AR (Conscn) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. cT/fi'tOrO 4Z] -- 3(o~,¢~ 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-1212" (LIGHT INDUSTRIAL-SPECIAL USE PERMIT - 1212) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF AN INDOOR RECREATION/ENTERTAINMENT FACILITY TO BE LOCATED AT 1405 S. BELTLINE ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN/ SIGN PLAN, ATTACHED HERETO AS EXHIBITS "B" AND "C", RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PRO~qDING 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 governing body is of the opinion that Zoning Application No. S-1212 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 anaended, be and the same is hereby amended to grant a change in zoning from "LI" (Light Industrial) to "LI-S-1212" (Light Industrial-Special Use Permit - 1212) to grant a special use permit to allow for the operation of an indoor recreation/entertainment facility to be located at I405 S. Beltline Road, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes, subject to special conditions. 62288 SECTION 2. That the Special Use Permit for an indoor recreation/entertai~unent facility is hereby approved subject to the following special conditions: (A) Hours of operation shalI be permitted between 9:30 a.m. to 10:30 p.m., Sunday through Saturday. (B) The site shall be developed in accordance with the approved site plan, floor plarVsign plan, which are attached hereto as conditions to the use granted herein. (C)The parking lot shall remain lighted during hours of operation. (D) A minimum of 50 parking spaces shall be provided for this use and depicted on the site plan. SECTION 3. That the Site Plan, Floor Plan/Sign Plan, attached hereto as Exhibits "B" and "C", rcspectively, and made a part hereof for ali 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 x~ith 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 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 2 62288 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 o£fense was committed and the former law is continued in effect for this purpose. SECTION 9. 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 ever), 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 //O--g~/t'' day of ~OBERT E. HA/G~, C1TY ATTORNEY /REH,cdb [revised on~1/28/04) ATTEST: LIBBY BA~ITY SECRETARY 3 62288 Legal Description for SUP 1212- Pump it Up 1405 South Beltline Road Being located in Lot 1, Block b of Northlake 635 Business Park (Coppell Business Center II, Lot 1, Block 1) an addition in the City of Coppell, Dallas County, Texas, according to the plat thereof recorded in Volume 89008, Page 00011, of the Map Records of Dallas County Texas. EXHIBIT "A" ~AI~fJ tXdOHS~Pq~l EXHIBIT "B" ~8 oz '~ (avo~ 3NIqq3a 9NIOV~)/×' ZZO~ I, BOO-E;O-dNS :OI EXHIBIT "C"