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
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- CEDAR ELM TYP, ---
COMMr~ I NAME BOTANICAL NAME SIZE COMfJDJTS
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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
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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~
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