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OR 91-500-A-404 Ballet StudioAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-404 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 CHANGE IN ZONING FROM C (COMMERCIAL) TO PD- 207-C (PLANNED DEVELOPMENT-207-COMMERCIAL) TO ALLOW THE CONSTRUCTION OF AN l l,214-SQUARE-FOOT BALLET STUDIO ON 1.17 ACRES OF PROPERTY LOCATED ALONG THE SOUTH SIDE OF FITNESS COURT, APPROXIMATELY 350 FEET WEST OF DENTON TAP ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, ELEVATIONS AND ATTACHED SIGN DESIGN, ATTACHED HERETO AS EXHIBITS "B, C, D AND E", RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY 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 thereof, the said governing body is of the opinion that Zoning Application No. PD-207-C 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 by granting a change in zoning from C (Commercial) to PD-207- C (Planned Development-207-Commercial) to allow the construction of an 11,214-square-foot ballet studio on 1.17 acres of property located along the south side of Fitness Court, -1- 72162 approximately 350 feet west of Demon Tap Road, and being more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes. SECTION 2. The property shall be developed in accordance with the C (Commercial) development standards under the Coppell Zoning Ordinance, except as amended in the special conditions as indicated on the Site Plan, Landscape Plan, Elevations and Attached Sign Design attached hereto as Exhibits "B, C, D and E", respectively, and made a part hereof for all purposes, which are hereby approved. SECTION 3. 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 4. That all provisions of the Ordinances 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 5. 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 decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. An offense committed before the effective date of this ordinance is governed by 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 7. 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 2 72162 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 8. That this ordinance shall take effect immediately from and at~er 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 ~ day' of DOU~-L~S N ST~, ~IAYOR ATTEST: ROgERT E. HA~'F_,I~/G'~ ATTORNEY (REH/cdb Revicwc0~,~sed 3/2/05) 3 72162 LE~a~. DESCRIPTION COUNTY OF DALLAS WHEREAS THOMAS C. NICHOLSON and LISA SLAGLE NICHOLSON. are the owners of a parcel or tract of land situated in the GEORGE W. JACK SURVEY, ABSTRACT NO. 694. in the City of Coppel], Dallas County. Texas. being recorded by deed recorOeO in Vol. 200~832. Pg. 3344. Deed Records, Dallas County. Texas; and being more particularly described as follows: BEGINNING at a ~/2" iron rod found in the south right-of-way of Fitness Court (a variable width right-of-way), as recorded by plat as Denton Tap Development Addition. an addition to the City of Coppe]l. recorded in Volume 98~8, Page 37. Plat Records. Dallas County. Texas. and being the northwest corner of TACO 8ELL Addition an addition to the City of Coppell as recorded in Volume 96039. Page 97. Plat Records. Dallas County. Texas; THENCE South O0'~B'2g" East aIong said TACO BELL Addition a distance of ~45.00 feet to a ~/2 inch iron rod found for corner, being in the north line of ConnelI Skaggs Addition, an addition to the City of Coppe]l as recorded in Vo)ume B8006, Page 5896, Plat Records. Dallas County, Texas; THENCE South 89'43'3~" West along the North line of said Conne]l Skaggs Addition a distance of 353.62 feet to a ~/2 inch iron rod found for corner, being the south east corner of Lot 2, Block A, of said Denton Tap Development Addition; THENCE North 00'42'00" East along the east 11ne of said Lot 2. a distance of 344.94 feet to a 1/2 inch iron rod found for corner, being in the south righ-of-way of said Fitness Court. THENCE North B9'42'43" East a distance of 35~.35 feet to the POINT OF BEGINNING and containzng ~.~7 acres of land or 50965.2 SO. FT.. more or less. Z ~.x HIBIT "B" I 0 Z 0 0 Oi <~ C_ ~_ ~ NVld 3dYD~NY1 SVX~I 'll~ddO0 SV~X-~ / JO AIAIE](]¥OV n ! ~XH rB]:'~ '*D*' ATTACHe. mm SIGN DE$IGlq ~.x- [BIT