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CC approval on 8/9/94^ B,m~lf~d CITY COUNCIL MEETING: AGENDA REQUEST FORM August 9, 1994 ITEM CAPTION: Consideration and approval of an ordinance for Case #S-1084 to change the zoning designation from C (Commercial) to C-S.U.P. (Commercial- Special Use Permit), on a parcel of land located west of Denton Tap Road, approximately 300 feet south of Bethel School Road, and authorizing the Mayor to sign. SUBMITTED B~"Gary L. si~AlE - I ' Dir. of Planning and Co~. Services I~ITIALS ~' TITLe: STAFF ~O~T8: STAFF RECOMMENDATION EXPLANATION: Approval Denial FINANCIAL COMMENTS: FINANCIAL REVIEW:~'~ Agenda Request Form - Re~4sed 1/94 Pta "gok~n~od' ~l~r ~n pFad~r ~ AMT. EST.$ +/- BUD:$ CITY MANAGER REVIE AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 9!~<'oo-,q.ga~ 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 COMMERCIAL, SPECIAL USE PERMIT, FOR AUTOMOBILE REPAIR MINOR USE WITH SPECIAL CONDITIONS FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF BETHEL SCHOOL ROAD AND DENTON TAP ROAD, APPROXIMATELY 300 FEET SOUTH OF THE INTERSECTION OF BETHEL SCHOOL ROAD AND DENTON TAP ROAD, COPPELL, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS LOT 2, BLOCK A OF THE BURCH ADDITION, AN ADDITION TO THE CITY OF COPPELL, DALLAS COUNTY, TEXAS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXHIBIT 'A'; PROVIDING FOR THE APPROVAL OF THE LANDSCAPE PLAN ATTACHED AS EXHIBIT 'B"; PROVIDING FOR THE APPROVAL OF THE RENDERINGS ATTACHED AS EXHIBIT "C"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application Number S-1084-Kwik Kar should be granted, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, as heretofore amended, be, and the same is hereby, amended to grant a change in zoning from C (Commercial) to Commercial, Special Use Permit, for Automobile Repair, Minor use with special conditions, for property located at the southwest corner of Bethel School Road and Denton Tap Road, approximately 300 feet south of the intersection of Bethel School Road and Denton Tap Road, Coppell, Dallas County, Texas, and being more particularly described :as Lot 2, Block B of the Butch Addition, anaddition to the City of Coppell, Dallas County, Texas. SECTION 2. That the change in zoning for Special Use Permit for auto repair minor use is hereby granted subject to the following special conditions: ' 1. The property shall be used only in accordance with/he Site Plan, Landscape Plan and Renderings attached hereto as Exhibits "A", "B", and "C" [espectively. 2. The hours of operation shall be limited to'.a maximum of twelve (12) hours per day, Monday through Saturday, and a maximum of ~$ix (6) hours on Sunday. :. 3. Signage must conform to the requirements of the Code of Ordinances of the City of Coppell, Texas. ' 4. That the property shall be used only for those uses permitted by Automobile Repair, Minor, as defined in the Comprehensive Zoning Ordinance of the City of Coppell, Texas. SECTION 3. That the Site Plan, Landscape Plan, and Renderings as shown in Exhibits "A", "B", and "C", attached hereto and made a part hereof for all purposes, be, and the same are hereby, approved. SECTION 4. That the above property shall be used only in the manner and for the purposes 'provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. 2 AGG05ACF SECTION 5. That all provisions of 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 decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 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 provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be pun/shed 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 8. An offense committed before the effective date of this ordinance is governed by the 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 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 AGG05ACF day of DULY PASSED by the City Council of the City of Coppell, Texas, this the ,1994. APPROVED: TOM MORTON, MAYOR q ATTEST: LIlq~A GRAU, ASSISTANT CITY SECRETARY APPROVED AS TO FORM: PETER G. SMITH,~CITY ATI'ORNEY 4 AGG05ACF 5EWE~ L ~' E -- TC' BE iN LARDER T( 12' i L : ..-- ~ ~ ~:- · III --'';i~. MA~ : '-. 2:]: }(ALE SiTE TABI~ATI_Q~ ', ADO ~AVP,~[ 7~[ LAIi~ ', f"?c ~ - b,. ~' B:DG ~E~G~= i~'-C' pESCRiPTiON IN TH~ :~T, T:., AT,. ZONING :,.b.= [ : :,¢Hrr;- II Iii i(WIK KAR LUBE & TUNE - CEDAR ELM TYP, --- COMMr~ I NAME BOTANICAL NAME SIZE COMfJDJTS C~AR ~ ULMUS C~ASSlF~IA 3' CALleR CRAPE M'~E ~.~E~STR~MIA INDICA R' MIN HT. 3 CANE M~. DW. a~ORO H~LY [~ CORNU~ ~U~OROlI' 5 GALL~ C~TAIHER 3' SPACI~ NANA DW. C~M~ON BARB~Y B~gER~ ~UN~ER~ ~ GALLON *C~MS~ PYGM ¢' ASIAN JA~MIH~ TRAC~L~P~MUM 4' ~T 9' SPACING A~A~CUM BERM~E CYN~ON DAC~LON H CDnOMULCH L~NrANA LA~AN~ CAMARA 4 ~T 8' SP~CI[~ NOTE: 2 c~rRAu~ ~ALL~R~ ~L ~AN~/IES i 3 C~TRACT~ SHALL ~R~ LC~A~ON~ ~ ALL EASEMENT P~I~ TO COtIS~RCTIdl; 4 C~T~CTOR ~LL ~ ~ ~R~ ~L UT[I~ L~AflON6 PRI~ T~ ~4T ANO 5 ~C[~ ~ALL ~IARA~E ~L ~NT MA~RIAI. ~ 12 M~. 8 ~L ~t~SCA~ ~ BE MNNTAIN IN ACCORDA~E W~ CI~ ~ C~LL HI~ ~ & ~ ~INA~. -.- DWARF BURFOR0 HOLLY / ' I,~IOuI~UltlENT-~rI~ --~:' ~'-~ ~ *~ ~ ~: ~' .~,' ~'~ ~' ~ ~ ~ ' · I~'~E~r~p I ~ ' ~ DWAGFBURF~n . ~ 'L:~L-,-'.~.,-,., , r ,, ,~..-, .~ .; ~ --~"m ...... ' / ~} I '.- / I " u- -.~.;' - ,',' .~:' t-' ' I . '~..~ 'l'~;~ /' ' .' ~ / ,.." , ~ ...... ' ' .. I .4-~ / b ~, ~ ..-~... ~',~. '.',. ,~ J..' .~-:~ .... ~', ', ~ ~~-?L ' t".. ~ ', ', ' J ' ',' I ..... . ' ~-~ ~ ~ I I I · : ' ,' I ", - r ~ ; ~. . ' I '~ ,/ ~-~, ~- .,, . ,, ,~ - ~=, ...... . ...... ~/~'¥.: 't ,, I L..~ / , .. .~;/:L, , , , , ,.,.~..>q~.,)~...; ~ ......,','¥',~'ih~,'r ~. .~:../ ~,; ,, , , . j r -- ' _~: ~ --. ..... -~ , ' , / ' ,. ~ '" _ -~ ..... ~-" J _ _ _u _.l_--__J/ DENTON TAP ROAD .lOll #: SCAI.E: REVISIONS: i)A~:: PRI~PArI~p nY: KWIK INI)USTRIES, INC. SLIT. #: 1)BA Kwik gar ()Ii & Lul)e 4725 NALL RD., DAI.I. AS, TX. 75244 (214)458-9761 KWIK INI)tIS;I'RIES, INc. JOll #: SCAI,E: REVISIONS: SLIT. #: l}BA Kwik gar (Ill & Lube .. 4725 NALL RD., DALLAS, TX. 75244 DATE: I'IIEPARED !1¥: (214)458-9761 75'-0" REAR ELEVATION BRICI~_LEGF~ND_ KINO SiZE BRICK DiP bL RED COLOR SOLDIER COtJRES AIR COMP. BLOWER ROOM 4' SLEEL GAlE ^/c_~/ KWIK INDUSTRIES, INC. SLIT. #: DBA Kwik Kur ()il & Lube 472~ NAI~I~ RD., I)Ai~I~AS, TX. 75244 JOB #: SCALE: REVISIONS: DATE: PREPARED BY: , , (214)458-9761 30'-0" KING SIZE BRICK DTP bt. 251 RED COLOR A I ' SOLDIER COURES ...?~j SIDE ELEVATION KWIK INDUSTRIES, INC. DBA Kwik Kar 011 & Lube 4725 NALL RD., DAI.LAS, TX. 7~244 (214)4~8-9761 JOB #: DATE.: I'SCALE: pREPARED By: IREvIsI{)Ns: slIT. BRICK LEBEN D__ KWIK INDusTRIES, INc. JOB DBI Kwi~ K~r Oil & Lube ' (214)458-9761 Mayor Morton convened into Executive Session at 9:46 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 9:50 p.m. and continued with Item 11 of the Regular Session. REGULAR SESSION (Open to the Public) Councilmember Mayo moved to approve the Burch Addition Preliminary Plat, located at the southwest corner of Bethel School and Denton Tap Roads, with the following conditions: 1) a property owner's agreement to maintain landscaping is required; 2) utility layout needs to be provided; 3) the fence requirement is waived; 4) the left-turn lane and the common access easement must be constructed prior to the issuance of a Certificate of Occupancy on either Lots 1, 3 or 4. This requirement does not apply to the Certificate of Occupancy for Lot 2; and 5) a development line be established on the west side of the property and be shown on the final plat. Mayor Pro Tern Robertson seconded the motion; the motion carded 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stably, Watson, Mayo, and Sheehan voting in favor of the motion. 12. PUBLIC HEARING: Consideration and approval of S-1084, Kwik Kar, to change the zoning from C (Commercial) to C-S.U.P. (Commercial - Special Use Permi0, located west of Denton Tap Road, approximately 300 feet south of Bethel School Road, at the request of Kwik Industries. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak against this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Again, there were none. Mayor Pro Tem Robertson moved to close the Public Hearing and approve S-1084, Kwik Kar, to change the zoning from Commercial to Commercial S.U.P, located west of Denton Tap Road, approximately 300 feet south of Bethel School Road, with the following conditions: 1) subject to site plan, landscape plan and front elevation; 2) operational hours shall be a maximum of 12 hours Monday through Saturday and a maximum of 6 hours on Sunday; and 3) signage must meet the City Ordinance. Councilmember Mayo seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. 13. Consideration and approval of an ordinance for Case #S-1084 to change the zoning designation from C (Commercial) to C-S.U.P. (Commercial - Special Use Permi0, on a parcel of land located west of Denton Tap Road, approximately 300 feet south of Bethel School Road, and authorizing the Mayor to sign. Mayor Pro Tem Robertson moved to approve Ordinance No. 91500-A-68 with the elimination of Paragraph 4, Section 2 which reads as follows: "A solid masonry wail shall be constructed as shown on the Site Plan between the commercial use and the flood plain, with access to the flood plain area for maintenance needs." Councilmember Sheehan seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. 14. City Manager's Report. There was no City Manager's Report. CM08~ Page 5 of 6