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CC approval of ORD 11/10/98 AGENDA REQUEST FORM CITY COUNCIL MEETING: November 10, 1998 ITEM # ITEM CAPTION: Consider approval of an Or~nm~ce for C~e No. S-1140. Robe~son Pools and Sp~, a zonh~g change from HO-C ~istoric Overlay, Co~ercial) to HO-C-S.U.P. (~stodc Overlay, Co~ercial, Sp~ial Use Per,t), to aflow ~phalt pavement on-site for off-street paring spaces and the development of a 4,763 squ~e f~t office/wareho~e fac~ty on 20,245 square feet of property located 690 f~t north of Bethel Road, ~ong the w~t side of Coppefl Road, and authoriz~g the Mayor to sign. SUBMITTED BY~y ~.' Sieb ,, TITLE: ~ Director of Planning ~d Co~ Se~ices STAFF RECO~~S: STAFF COUNTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A This zoning change was unanimously approved by Council on April 14, 1998, by a vote of 7-0. Post-it Fax Note 7671 D~ate Phone Phone ~Fax# '-,-.~ b~ ~ Fax~ DIR" INITIALF,S. im ~ .'d~.~8sAgend. R, quc,t - ~ W~ o' ;~' ' FIN. REVIEW'~ CITY MANAGER REVIE Document Name: ~sl140o~ AN ORDINANCE OF ~ CITY OF COPPEI J,~ TEXAS AN ORDINANCE OF TIIE CITY OF COPPEI,I., TEXAS, AMENDING THE COMPREI~F~NSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPEI,L, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "HO-C" (HISTORIC OVERLAY, COMMERCIAL) TO "HO-C-S.U.P." (HI~qTORIC OVERLAY, COMMERCIAL, SPECIAL USE PERMIT FOR ASPHALT PAVEMENT) FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATYACHED HI~RETO; PROVIDING FOR SPECIAL CONDmONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, AND IRRIGATION PLAN ATFACIW~D HERETO AS ~ITS "B", "C" AND "D", RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABHJTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING 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 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 thereoi~ the said governing body is of the opinion that Zoning Application No. S-1140 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 COPPEI,I., 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 fi.om "HO-C" (Historic Overlay, Commercial) to "HO-C-S.U.P" (Historic Overlay, Commercial, Special Use Permit for Asphalt Pavement) on the property described in Exhibit "A" attached hereto and made a part hereof for all 1 SS17833 SECTION 2. That the Special Use Permit is hereby approved subject to the following special conditions: (A) The property described in Exhibit "A" shall be combined with the property owned by Robertson Pools & Spas to the South of the subject property and platted as a single building lot; (B) Asphalt pavement in lieu of concrete pavement shall be allowed for off-street parking on site without head-in parking.; (C) Rooftop mechanical equipment shall be screened from view; no additional power poles or overhead wiring shall be allowed; and utility meters shall be placed behind the building; (D)Payment of impact fees; and (E) Property shall be developed and used only in accordance with the Development Site Plan, Exhibit "B", Landscape Plan, Exhibit "C", and Irrigation Plan, Exhibit "D." SECTION 3. That the Site Plan, Landscape Plan, and Irrigation Plan attached hereto as Exlu"oits "B", "C", and "D", respectively, and made a part hereof for all purposes, are 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, 2 S$17833 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 derided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as mended, 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 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 conaimte a separate offense. SECTION 9. That this ordinance shall take effect mediately 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 t/C)-tc/q day of A)c vem , 998. APPROVED: CANDY SHEEHAN, MAYOR 3 8817833 ATTEST: KATHI~E~q' ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMITH, CITY ATTORsNEY (PGS/ttl 5/4/98) 4 s$17833 OWNERS CERTIFICATE STATE OF TEXAS § COUNTY OF DALLAS § WHEREAS, ROBERTSON COMMERCIAL POOLS, INC., ~s the owner of o tract of land situated in the JOHN VEST SURVEY, ABSTRACT NO. 1508 ~n the C~ty of Coppell, Dallas County, Texas, said tract being oil of that property described in deed to Ronald L. Robertson recorded in Volume 9§2¢8° Page 5149 of the Deed Records of Dallas County, Texas and part of that property described in o deed to Robertson Commercial Pools Inc., recorded in Volume 97215, Page 1891 of said Deed Records, and being more p~rtlcularly described as follows: BEGINNING at a 1/2-inch ~ron rod found in the west line of Coppell Rood (coiled, 60' right-of-way), said point being the northeast corner of sold Robertson Commerciol Pools, Inc., tract of land on~ the most easterly southeast corner of o coiled 111.990 acre tract of land described in o deed to NCH Corporotlon recorded in Volume 80022. Page 0~I1 of said Deed Records; THENCE SOUTH, along the west line of Coppell Rood and the east line of said Robertson Commercial Pools tract and said Robertson tract, a distance of 5§1.27 feet to o 3/8-inch iron rod found for the most easterly southeast corner of said Robertson tract and the northeast corner of o tract of land described in o deed to George A. Chadick and wife, Hallie R. Chadick. recorded in Volume 8.3060, Page 2075 of said Deed Records; THENCE N. 8g'26'51" W., along the most easterly south line of said' Robertson tract, said llne also being the north llne of said Chadlck tract and the north I~ne of a tract of land described in o deed to Michael S. Chose and Gracielo P. Chose, husband and wife, recorded ~n Volume 95245, Page 2071 of sold Deed Records. a distance of 19.3.00 feet to a t/2--1nch ;ran rod set for corner; THENCE S. 00'48'12' E., along the common line between said Robertson tract and sold Chase tract, o distance of 35.00 feet. to a 1/2-inch iron rod found for the most southerly southeast corner of sold Robertson tract and a re-enf, rant corner of said Chase tract; THENCE N. 86'57'25' W., continuing along the common lines between sa~d Robertson and Chase tracts, a distance of 102.O2 feet to a I 1/2-inch iron pipe acknowledged as the correct comer on the contiguous boundary line by J.C. NJsbett and wife, Evelyn F'oy Nisbett and Richard J. Lee and wife, Barbara Lee in the Boundary Line Agreement recorded in Volume g5195. Page 7874 of said Deed Records; THENCE N. 00'0.~'00' E., along the west line of said Robertson tract and a northerly llne of said Chose tract and the east llne of o tract of land described ;na deed to Joel E. Hartmon and wife, Joyce A. Hortmon, recorded in Volume 801.35. Page 2707 of sa~d Deed Records, a distance of 215.89 ~'eet to a t/2-inch iron rod found for the northwest corner of sold Robertson tract; THENCE N. 89'$9'26' E., along the north line of said Robertson tract, a distance of t71.3g feet to o 1/2-~nch iron rod set for corner; THENCE N. 00'00'54' W., a distance of 16.5.26 feet to a po~nt in the north line at said Robertson Commercial Pools tract and the south line at said NCH tract, from which a 1/2-inch iron rod found bears S. 00'00'54' Ir., a distance of 0.23 feet; THENCE S. 89'54'50' £.. along the common line between said Robertson Commercial Pools tract and said NCH tract, a distance of 122 85 feet to the POINT OF' BEGINNING and containing 1.7g0 acres at land. more or less. E~I~IBIT "A" BUILDING AREA: 4.763 SO. rT MATERIALS LIST SITE AREA: 20,245 SO. FT. ~ NOTES: 1 FAC[ BRICK VEHICULAR PAVING AREA: 6.409 SO FI ~, BANDY LAKE ROAD t. PROPOSED OCCUPANCY: STORAGE 2. CAST STONE OR BRICK ACCENTS NON-VEHICULAR PAVING AREA: 680 SO FT 2 S~T[ LIGHTING W~LL BE BUILDING MOUNTED .3 STONE ACCENTS TO MATCH EXISTING LANDSCAPE AREA: (41.5% OF SITE) 8,393 SO, FT ]. SIGNAGE WiLL BE MOUNTED ON BUILDING ADJACENT BUILDING lO THE SOUTH ~ 4. ALL REFUSE WILL BE DISPOSED OF Al 4. ALUMINUL WINDOWS ~ PROJECT SUMMARY a ~ EXISTING FACILITIES ON PROPERTf lO THE 5 WOOD STAINED DOORS ~ ~ ms ~ ~ SOUTH ~ S, STORU RUNOFF WILL BE FROM A SLOPED ~ ..... ~ ~ ROOF. SLOPING FROU EAST ~O WEST. TO ~ ~ RUNOFF WiLL THEN BE ON THE SURFACE. ~':"-" ~ ~ ~t~ ~ RUNNING ONIO THE ADJACENT PROPERLY O TO THE SOUTH. RUNOFF FROB THE EA51 SIDE OF THE BUILDING WILL BE SURFACE ONTO THE ADJACENT DROPER~ 10 THE BETHEL SCHOOL ROAD SOUTH. ~ ~ LOCATION ~AP ~ ~ GENERAL NOTES ~ ELEVATION (NORTH) ~ ~'~ _ _ ~_ _ _l ........... ~ ...... ~ ~. _ _ 1_ _ _ ~-_ / ~ ~'~- ~- ~-~- x ...... ASPHALT DR~E / ~ ..___~ ...... · ,,.,.'-: r=~ ~. ~ ~ I '~ ~ 1 I ~ ELEVATION (SOUTH) ' ~ : ~ ~-~ .... ~ ~ ~ / '~///~/ ' - _ ~ 99.5 ~ COPPELL ROAD