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Home My WebLink AboutOrdinance No. 20-021 creating PD-44 - CVS on Preston Road ORDINANCE NO. 20-021 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY CREATING PLANNED DEVELOPMENT DISTRICT NO. 44 ON PROPERTY DESCRIBED AS LOTS 12-15, BLOCK 4, PRESTON HEIGHTS ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AS RECORDED IN VOLUME 1, PAGE 509, MAP RECORDS OF DALLAS COUNTY, TEXAS, AND COMMONLY KNOWN AS 6709 PRESTON ROAD; APPROVING A DETAILED SITE PLAN ATTACHED HERETO AS EXHIBIT "B"; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY 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 Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded 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, and the City Council of the City of University Park is of the opinion and finds that a zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. The Comprehensive Zoning Ordinance and Map of the City of University Park, Texas, as heretofore amended, are hereby amended by creating Planned Development District No. 44 (PD-44) on the property described as Lots 12-15, Block 4, Preston Heights Addition, an Addition to the City of University Park, Dallas County, Texas, according to the plat thereof recorded in Volume 1, Page 509, Map Records of Dallas County and commonly known as 6709 Preston Road, University Park, Texas, more particularly described in Exhibit “A” attached hereto and made part hereof for all purposes, by adopting a detailed site plan ("site plan"), authorizing retail and accessory land uses for PD-44, which site plan is attached hereto in multiple sheets as Exhibit "B" and made a part hereof for all purposes, the same as if fully copied herein. SECTION 2. The City Council finds that the site plan contains the data required by Section 9.5 of the Comprehensive Zoning Ordinance for a “detailed site plan”. Because the site plan meets the final requirements for a “detailed site plan” under the zoning ordinance, there is no need for any additional notice or public hearing, and the Building Inspector is authorized to issue the necessary permits for construction of the improvements shown on Exhibit “B” upon application in the usual manner and payment of the required fees. SECTION 3. Approval of the site plan for Planned Development District No. 44 is subject to the following special conditions: A. Development of the property shall be in accordance with the detailed site plan approved hereby as provided in the Comprehensive Zoning Ordinance of the City of University Park. Unless otherwise defined herein, all terms used herein shall have the respective definitions assigned to them in the Comprehensive Zoning Ordinance. B. The uses on the property shall be retail and accessory land uses, including drive through window and parking, allowed herein and shown on the site plan for Planned Development District 44, as adopted hereby. Store and pharmacy operating hours are limited to 8:00 a.m. to 10:00 p.m. C. Site Plan; Building Details The building components, configuration, development standards, landscaping, and special conditions required for the proposed improvements are summarized in Exhibit “B”. The overall height of the building shall not exceed twenty-eight feet (28’). The building setbacks are 48’ to the north property line and 48’ to the east property line. The ground area of the building will be 14,504 square feet. The site will contain 39 off-street parking spaces. A drive-through window is permitted as shown on the site plan. D. Construction Hours. Unless written permission is granted by the Director of Community Development, construction work on the site is restricted to Monday through Friday from 7:00 am to 6:00 pm and 8:00 am to 6:00 pm on Saturdays. SECTION 4. All ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance as amended hereby are hereby repealed. SECTION 5. 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 decided to be invalid,illegal or unconstitutional,and the same shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6.Any person,firm or corporation violating any of the provisions or terms of this ordinance or of the Comprehensive Zoning Ordinance,as amended hereby,shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park,Texas,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 a violation is continued shall be deemed to constitute a separate offense. SECTION 7.This ordinance shall take effect immediately from and after its passage and the publication of the caption,as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park,Texas,on the 15th day of December 2020. APPROVED: Tibs?E~~YOR ATTEST: CHRISTINE GREEN,CITY SECRETARY ORDINANCE NO.20-021 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK,TEXAS,AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK,AS HERETOFORE AMENDED,BY CREATING PLANNED DEVELOPMENT DISTRICT NO.44 ON PROPERTY DESCRIBED AS LOTS 12-15,BLOCK 4,PRESTON HEIGHTS ADDITION,AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY,TEXAS,AS RECORDED IN VOLUME 1,PAGE 509,MAP RECORDS OF DALLAS COUNTY,TEXAS,AND COMMONLY KNOWN AS 6709 PRESTON ROAD;APPROVING A DETAILED SITE PLAN ATTACHED HERETO AS EXHIBIT "B";PROVIDING SPECIAL CONDITIONS;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;PROVIDING A SEVERABILITY 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. DULY PASSED by the City Council of the City of University Park,Texas,on the 15th day of December 2020. APPROVED: ~~J TOMMY STEWART,MAYOR ATTEST: CHRISTINE GREEN,CITY SECRETARY EXHIBIT "A" EXHIBIT “B” STOP SITEPLAN DEVELOPER: CONSULTANT: ARCHITECT OF RECORD SEAL: SUITE 102BIRMINGHAM, AL 35242PH. (205) 909-3792 147 RESOURCE CENTER PARKWAY NGINEERS, INC.ONSULTINGARLSON Bartlett, TN 38133 Phone (901) 384-0404 ECC 7068 Ledgestone Commons Fax (901) 384-0710 ORANGE DEVELOPMENT UNIVERSITY PARK, TX SWC - DRUID LN. & PRESTON RD. STORE NUMBER:7747 PROJECT TYPE: EXPANSION AS-IS (14,504 SF)LEFT CENTER ENTRY CS PROJECT NUMBER:109133 DEAL TYPE: N/A RIGHT SIDE DRIVE-THRU OF 2111