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CC approval of ORD-6/24/97 AGENDA REQUEST FORM ~ CITY CO~CIL MEETING. June 24, 1997 ITEM # IT~ CAPTION: Consider approval of an Ordinance for Case No. S-1126, Tren-Tech Company, zoning change from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit), to allow the operation of a business within a residential structure on Commercial property and authorizing the Mayor to sign. - TITLE~ Director of Planni~ and Community Services STAFF RECO~S: ~roval ~ Denial STAFF COMME~S: This zoning change was approved by Council on May 13, 1997. A,qqROVED BY C TY CO UN L DATE ~/'~~-~ Agenda Request Form - RevisS0/l/97 Document Name SI 1260.PZ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 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 OF ZONING PROM "C" (COMMERCIAL) TO "C-S.U.P" (COMMERCIAL, SPECIAL USE PERMIT), TO ALLOW THE OPERATION OF A BUSINESS WITHIN A RESIDENTIAL STRUCTURE ON COMMERCIAL PROPERTY, LOCATED AT 828 HOWELL DRIVE, COPPF~LL, DALLAS COUNTY, TEXAS, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SPECIAL CoNDmoNs; PROVIDING FOR ~ APPROVAL OF THE SITE PLAN ATTACHED HERETO AS ~IT "B"; PROVIDING A I~EPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR 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 arid 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 Case No. S- I 126 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) to allow the operation of a business within a residential structure on Commercial property, located at 828 Howell Drive, Coppell, Dallas County, Texas, and being more particularly described in Exhibit "A* attached hereto and made a part hereof for all purposes. Page I SECTION 2. That the above change in zoning for Special Use Permit to allow the operation of a business within a residemial structure on Commercial property is hereby granted subject to the following special conditions: (A) The hours of operation shall be limited to the period between 8:00 a.m. and 6:00 p.m. Monday through Friday. (B) Any driveway and/or parking pavement to be constructed shall be 6" reinforced concrete pavement with 6" stabilized subgrade. SECTION 3. That the Site Plan attached hereto as Exhibit "B" and made a part hereof for all purposes, be, and the same is 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 all 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, paragraph, subdivision, clause, plu'ase 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 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 hereto 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. Page 2 DULY PASSED by the City Council of the City of Coppell, Texas, this the---~99zT'//day of "~4 ~ ¢ , 1997. AP~g~VED: Il /~ ATTEST: EN ROACH, CITY SECRETARY APPROVED AS TO FORM: · ! PETER G. SMITH, CITY ATTORNEY Page 3 LEGAL DESCRIIr~ION Being the South 65 feet of Lot 15 of North Lake Estates Addition, an addition to the City of Coppell, Dallas County, Texas according to the plat thereof recorded in Volume 45, Page 65, Map Records, Dallas County, Texas. Exhibit "A" T~ees ~'e o~ unknown Sl:)erJes ~'nd very ' House F ' ~ria Rose o? ~ C Myrtle Mete~ :now~ 828 HoweLL Drive