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CC apprvl. of ORD 3/9/1999(__~~ CITY COUNCIL MEETING: March 9, 1999 ITEM ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1131R, Chadick Art Annex, zoning change request for property zoned HO-RoS.U.P. (Historic Overlay, Retail, Special Use Permit), to allow an attached gable sign on an existing commercial building, as well as to permit a wooden monument sign and a wooden screen for a proposed dumpster on 1.37 acres of property located at 509 lA W. Bethel Road, and authorizing the Mayor to AFfIcT~EM~Ek~..irector of Plannin..g.a-fid ST Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A Community Services APPROVE.r) BY '" CITY DATE Council unanimously granted this zoning change request on January 12, 1999. Staff recommends approval. DIR. INITIALS: ?j~~ FIN. REVIEW: e~ Agenda Request Form - Revised 2/99 CITY MANAGER REViEW:~ Document Name: ~S 1131Ro AN ORDINANCE OF THE CTI'Y OF COPPELL, TEXAS AN ORDINANCE OF THE CITY OF COPPEI.I~ TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPEI,L, TEXAS, AS H'ERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING BY AMENDING THE "HO-R-S.U.P." (HISTORICAL OVERLAY, RETAII., SPECIAL USE PERMIT) FOR PROPERTY DESCRIBED IN EX]HBIT "A" ATFACHED H'ERETO TO AI.I,OW AN ATTACHED GABLE SIGN ON AN EXISTING COMNfERCIAL BUILDING, A WOODEN MONUMENT SIGN AND WOOD SCREENING FENCE FOR DUMPSTER; PROVIDING FOR SPECIAL CoNDmONS; PROVIDING FOR TffE APPROVAL OF THE SITE PLAN, MONUMENT SIGN EI.EVATION AND ATTACHED SIGN ELEVATIONS ATTACHED I~F~RETO AS EXHIRITS "B", "C" AND "D", RESPECTIVELY; PROVIDING A REPEAl,lNG CLAUSE; PROVIDING A SEVERABH.ITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DO~ ($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 at~er 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-1131R should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THF~REFORE, BE IT ORDAINED BY THE CTI'Y COUNCIL OF TH~ 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 by amending the "HO-R-S.U.P" (Historical Overlay, Retail, Special Use Permit) for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes to allow an attached gable sign on an existing 1 S$232~3 commercial building, a wooden monument sign and dumpster, subject to special conditions. SECTION 2. conditions: (c) a wooden screening fence for a proposed That the Special Use Permit is hereby approved subject to the following special A wooden attached sign of a maximum of 32 square foot may be erected on the fi-om facade of the former church building provided the font of such sign is modified to be similar to the font style of the monument sign. Such sign shall be erected within four months after the approval of this Ordinance. A monument sign of a maximum of 40 square foot with redwood identification plaque set in pave stone border filled with bridgeport aggregate and lit by two exterior spotlights per side, with font style matching existing attached sign may be erected. The colors of such sign shall be white, Hunter green and black, as shown on the attached monument sign exhibit. The major tenant in each of the buildings may be listed on the monument sign, however ancillary messages; i.e., "home accents, antiques, ceramics, painting, etc." are not allowed. A six-foot high wooden screening fence may be erected to screen the dumpster on three sides. The width of the lumber to be used to construct the wooden screening fence shall match the width of the lumber used on the existing buildings. The wooden screening fence shall be painted to match the color of the existing structures, and will be maintained in conformance with Coppell development standards. 2 SS23255 (E) The property shall be developed and used only in accordance with the special conditions, the Site Plan, Monument Sign Elevations and attached Sign Elevations. SECTION 3. That the Site Plan and Monument Sign Elevation, and attached Sign El~ations attached hereto as Exlfibits "B", "C" and "D", respectively, and made a part hereof for aH purposes, are hereby, approved. SECTION 4. That the above property shaH be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amende~ and as amended here~n. SECTION 5. That aH provisions of the Ordinances of the City of.Coppell, T~,as, in confli~ with the provisions of'this ordinance be, and the same are hereby, repealed, and aH other provisions not in confli~ with the provisions of'this ordinance shall remain in full force and effe~. SECTION 6. That should any sentence, paragraph, subdivision, clause, phras~ or section of. this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affe~ the validity oft/tis ordinance as a whole, or any part or provision thereof other than the part so de~:ided to be unconstitutional, illegal or invalid, and shall not aff~t the validity of' the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offens~ c~mmitted b~or¢ the e~ec~five date of'this ordinanc~ is gov~'ned by prior law and tim provisions of the Comprehe~ive Zoning Ordinanc~ as amended, in effect when the offens~ was committed and the former law is continued in eff'~t for this purpose. SECTION 8. 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 heretof.ore amended, and upon conviction shall be punished by a gg23255 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 immediatdy 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 ~-lc/,t_ day of MAYOg ATTEST: KATI41.EEN ROACH, CITY SECRETARY APPROVED AS TO FORM: ~~O~Y (PGS/ttl 1/30/99) 4 ss23255 LEGAL DESCRIPTION 509~ W. Bethel Road, Coppell, TX 75019 EXHIBIT "A" Preliminary Ideas ART OLD 509~ ~ COPPELL GIFT SHOP i I~FIIBIT "D" (Page 2 of 2)