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CC approval of ORD-3/11/97I AGENDA REQUEST FORM , ITEM C/~PTTON; Consider approval of an Ordinance for Case No. 8-1117, Lone Star Gas Company's Natural Gas Measuring Station, zoning change from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit), to allow the construction of a natural gas measuring station on a 900 square foot lot, located along the north side of Beltline Road, approximately 700 feet west of MacArthur Boulevard, and authorizing the Mayor to sign. SUBMITT~D~: Gary L. Sleb .... T~TLE: Director of Planning and Community Service~ s~ ~ c~mm~ms-. ~prow~ x ~ial 8T~FF COMMENTB; On December 10, 1996, Council approved this zoning change request. APPROV _D r~\/ CiTY COUNCIL DATE Ag rods Req~st Form - ~ ~ Document Nam~ si 117ord.pz g AN ORDINANCE OF ~ CITY OF COPI~I~L, TEXAS ORDINANCE .- AN ORDINANCE OF ~ CITY OF COPP~I.I., TEXAS, AM~G ~ COMI~EHI~NSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPI~LL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "C* (COMMERCIAL) TO "C-S.U.P." (COMMI~CIAL, SPECIAL USE PERMIT), TO P. LLOW A NATURAL GAS M~~G STATION ON PROPERTY DESCRIBED IN EXHIBIT "A" ATrACHI~ HERETO; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR ~ APPROVAL OF THE SITE PLAN, ATrACURI~ HRRETO AS ~T~rr "B'; PROVIDING A RRPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCR~ THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN ~ DATE. WI-IF~S, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of th~ State of Texas and pursuant to tbe 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 tbe opinion that Zoning Case No. S- 1117 should be approved, and in the exes'else of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THI~RFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ~ C1TY OF COPPI~LL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and ~ of the City of Coppell, Texas, duly passed by the governing body of the City of ~11, 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, Spe~al Use Permit) to allow a gas measuring station on property descri~ in Exhibit 'A', attached hereto and made a part hereof for all purposes. SECTION 2. That the above change in zoning for Special Use Permit for a gas measuring station is hereby granted, subject to the following special conditions: (A) The property shall be developed and used only in accordance with thc Site Plan, attached hereto as Exhibit 'B', and mad~ a part horeof for all purposes; 03) An eight (8) foot in height brick ~g wall shall be consUuct~ and maintained inside the lot lines as shown on the Site Plan. The wall shall be constructed and maintained with Patriot Executive brick from the U.S. Brick Mineral Wells plant, or any equivalent in color and size to the existing building; (C) The foundation shall be maintained with at least forty-eight Fraser Photinias (Photinia Fraseri) planted approximately two (2) feet apart along the outside of the eight (8) foot in height brick screening wall. SECTION 3. That the Site Plan, attached hereto as Exhibit 'B' and made a part hereof for all purixxses, be, and the same is hereby approved. SECTION 4. That the above ~ 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 ~. That ail provisions of the Comprehensive Zoning Ordinance 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, Im'agraph, 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 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 8. That any person, firm or corporation viohting 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 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. DULY PASSRB by the City Council of the City of Coppell, Texas, this the //-~ day of , 1997. 2 APPROVED: TOM MORTON, MAYOR ATrF_,ST: KATHLEF.24 ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER O. SMITI~, CITY ATrORNEY PROPERTY DESCRIFIION All that certain lot tract or parcel of land situation the State of Texas, County of Dallas and beint. part of that certain 2.$000 acre tract of land located in the Singleton Thompson, Survey Abstract No. 1493, and the $.C. Cook Survey Abstract No. 315 and described in deed dated January 2:5, 1994 from RPG F~TAT~, LTl) to DALLAS ARRA AFFORDABLE PARTNERS IV, L.P. and recorded in Volume 94020, Page 3400 of the Real Property Records of Dallas County, Texas the Tract herein being more particularly, described as follows: BEGINNING at a 1/2 - inch iron rod with a Lone Star Pipeline Compan~ aluminum cap set on the Northwest line of said 2.5000 acre tract being the Southeast line of a 16.50 acre tract conveyed to Dallas Power and Light Company as recorded in Volume 4594, Page 302 of the Deed Records of Dallas County, Texas said set I/2 - inch iron rod being 44.35 feet - North 29°13'41.' East along the Northwest line of said 2.5000 acre tract from a 1/2 - inch iron rod found at the Southwest Comer of said 2.5000 acre tract on the North right - of- way line of the ST.Louis & Southwestern Railroad (100 Foot ROW) and said set 1/2 - inch iron rod with Lone Star Pipeline Company aluminum cap being the Southwest comer of this tract; THENCE Nor'th 29°13'41'' East, along the Northwest line of said 2.5000 acre tract and the Southeast line of said 16.50 acre tract a distance of 36.92 feet to a 1/2 - inch iron rod with a Lone Star Pipeline Company aluminum cap set for the Northwest comer of this tract; cplms.trc I ~,X H I K~X' uAu THENCE South 86°'21'18" East, a distance of 19.06 feet to a 1/2 - inch iron rod with a Lone Star Pipeline Company aluminum cap set for the Northeast corner of this tract; THENCE South 03035'42" West, a distance of 33.30 feet to a 1/2 - inch iron rod with a Lone Star Pipeline Company aluminum cap set for the Southeast comer of this tract; THENCE North 86°21'18" West along a line that is 40.00 feet North of and parallel with the North fight - of- way line of the ST. Louis & Southwestern Railroad a distance of 35.00 feet to the PLACE OF BEGINNING and containing 900.0 square feet of land. cp[ms.trc 2 P.O. Box 478 Coppell, Texas 75019 214-462-0022 March 26, 1997 Enserch Corp. 301 S. Harwood Street Dallas, TX 75201 RE: Ordlp,,nce for ~1117. lone Rtar Goq Cnnll~ty's Natural Goq M~mrine Station Dear Madm/Sir: On December 10, 1996, the Coppell City Council approved the change in zoning from C (Commercial) and C-S.U.P. (Commercial, Special Use Permit) to allow the construction of a natural gas measuring station on a 900 square foot lot, localed along the north side of Beltline Road, approximately 700 feet west of MacArthur Boulevard. Attached you will find a copy of Ordinance No. 91500-A-148 which was approved by Council and signed by the Mayor on March 11, 1997. If you have any questions, please contact me at (972) 304-3678 Isabelle Moro, AICP, P&Z Coordinator Building Inspection