CC approval of ORD 2/13/01 T, H E '. C: I T Y 0 F
COPP-ELL
AGENDA REQUEST FORM
CITY COUNCIL MEETING: February 13, 2001 ITEM # ~
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1184, Eason Petroleum, Gas Station and Convenience Store,
zoning change request from C (Commercial) to C-S.U.P (Commercial, Special Use Permit), to allow the renovation
and occupancy of a gas station with convenience store on one-half acre of property located at the southeast comer
of Vanbebber Drive and Denton Tap Road, and authorizing the Mayor to sign.
APPROVED
BY
TITLEkx Director of Planning and.C~unity Services DATE ~'1 ~' o ! _
STAFF CO~: ~ ~]/k.a~ · q/,~O0-'~ -~-,84
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On December 21, 2000, the Planning Commission unanimously supported for this zoning change (7-0).
On January 9, 2001, Council unanimously approved this zoning change (7-0).
Staff recommends approval.
DIR. INITIALS: (~/~, FIN. REVIEW.~ CITY MANAGER REVIEW:
Agenda Request Form -~e;is;~ 5 /00 Document Name: @S1184EAo
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ~.-,/t~ "2~ ~,-
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 "C" (COMMERCIAL) TO "C-S.U.P."
(COMMERCIAL-SPECIAL USE PERMIT) TO GRANT A SPECIAL USE
PERMIT TO ALLOW FOR THE OPERATION OF A GAS STATION AND
CONVENIENCE STORE LOCATED AT THE SOUTHEAST CORNER OF
VANBEBBER DRIVE AND DENTON TAP ROAD, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE
SITE PLAN, LANDSCAPE PLAN, AND ELEVATION PLAN, ATTACHED
HERETO AS EXHIBITS "B", "C", AND "D", 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 alter 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-1184 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 "C" (Commercial) to "C-S.U.P."
(Commercial- Special Use Permit-1184) to grant a special use permit for a gas station and convenience
store, 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 a gas station and convenience store is hereby
approved subject to the following special conditions:
(A) Property shall be developed in accordance with the site plan, landscape plan, and
elevation plan, as required herein, attached hereto and incorporated herein as set forth in
Section 3.
(B) That Developer shall remove a minimum of two (2) utihty poles as follows:
1. the two currently located on the site; or
2. the 2 located in the Vanbebber fight-of-way and a minimum of 1 on site.
(C) Any and all additional electrical facilities shall be placed underground.
(D) Placement of all mechanical equipment and utility meters shall be screened from public
view.
(E) Merchandise and displays shall be prohibited from the outside of the building.
(F) All signage shall be in compliance with the sign plan and the ordinances of the City of
Coppell.
(G) The Board of Adjustment grants the variance to the side yard and landscape
requirements as depicted on the site plan.
(H) The hours of operation for the convenience store may be from 5:00 a.m. to 12:00 a.m.,
Sunday through Saturday, except unattended fueling may be operational twenty-four
(24) hours per day, with reduced lighting under the canopy area only.
SECTION 3. That the Site Plan, Landscape Plan and Elevation Plan, attached hereto as
Exhibits "B", "C", and "D", 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.
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, 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 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.
3
DULY PASSED by the City Council of the City of Coppell, Texas, this the ~ _~day of
2001.
APPROVED: /
CANDY SHEEI-~, MAYOR
ATTEST:
APPROVE~D~
ROBERT E. HAGER, ~XTTO~Y
4
LEGAL DESCRIPTION
BEING LOT I, 8L(X;K A. OF NORTHLAXE woODLAND CENTER AD. DIllON. AN ADDI'I10N TO THE'
CITY OF COPPELL. DALLAS COUNTY. TEXAS, ACCORDING TO TIlE IdAP THEREOF RECORDED
VOLUIdE 81234. PAGE 1447, MAP RECORDS, DALLAS L"0UNI~, .' TEXAS, AND BEINO MORE
PARTICULAR'LY DESCRIBED AS FOLLOW'S;
BEG, INNING AT A POINT IN THE EAST LINE OF OF. JaTON TAP ROAD. SAID POINT
BEING NORTH' 02 DEGREES §2 MINUTES 07 SECONOS W~ST ALONG SAID EAST UNE.
142.05 FEET FROM ITS IN1T..RSECllON VilI'H THE NORTH UNE 0fr BETI4E'L ROAD:
THENCE.: NORT'rI_02-DEGREE-S-S2-.t,~l'NCF1'ES' 07 'SECONDS ~:.ST'ALONG THE E.AST LINE
OF DENTON iAP ROAD FOR A DISTANCE OF 90.00 FEET. TO .A-POINT FOR CORNER;
THENCE. NORlrH 41 DEGREES 06 ~iNUIT_S 53 SECONDS EAST ALONG EXISllNG STREET
R.O.W. . A DISTANCE OF 50.35 FEET. TO A POINT FOR CORNF~:
THENCE. NORTH 8.5 DEGREES 05 UINUI'E.S 53 SECONDS EAST ALONG THE EX1SllNG SOU.TH
LINE OF' VANBIOBER ROAD FOR A DISTANCE OF 140.12 FEET lTD A POINT FOR CORNER,
THENCE. SOUTH 02 DEGREES 52 MINUTES 07 SECONDS EAST ~'OR A DISTANCE OF'l.)l.20
FEET. TO A POINT FOR CORNER;
THENCE, SOUTH 87 0EGREES 07 MINUTES 53 SECONDS V~ST; F00 A DISTANCE OF 175.00
FEET. TO THE' P0(NT OF BEGINNING, CONTAINING O.:S0 ACRES 0f LAND.
~BTT "A"