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OR 91500-A-428 Zoning - S-1228R-CAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-428 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 IN ZONING FROM S-1228-C (SPECIAL USE PERMIT-1228-COMMERCIAL) TO S- 1228R-C (SPECIAL USE PERMIT-1228 REVISED-COMMERCIAL) TO AMEND THE SITE PLAN TO ALLOW THE CONSTRUCTION OF AN APPROXIMATE 240-SQUARE-FOOT GREENHOUSE AS AN ANCILLARY USE TO THE PRIVATE SCHOOL ON 1.68 ACRES OF PROPERTY LOCATED ALONG THE NORTH SIDE OF FITNESS COURT, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, ELEVATIONS OF THE GREENHOUSE AND PLAN VIEW OF THE GREENHOUSE, ATTACHED HERETO AS EXHIBITS "B", "C", "D" AND "E", RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; 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. S-1228R-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 to grant a change in zoning from S-1228-C (Special Use Permit-1228- Commercial) to S-1228R-C (Special Use Permit-1228 Revised-Commercial), to amend the Site Plan to allow the construction of an approximate 240-square-foot greenhouse as an ancillary use to the private school on 1.68 acres of property located along the north side of Fitness Court, approximately 250-feet west of Demon Tap Road, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes, subject to special conditions. SECTION 2. That the Special Use Permit for a private school is hereby approved, subject to the following special conditions: (A) Except as amended herein, the property shall be developed in accordance with S-1228- C, which is incorporated herein. (B) The property shall be developed in accordance with the Site Plan, Landscape Plan, Elevations of the Greenhouse and Plan View of the Greenhouse. (C) A variance from the Board of Adjustment is granted to permit glass to exceed 50 percent of the total area of any one faCade of a building. SECTION 3. That the Site Plan, Landscape Plan, Elevations of the Greenhouse and Plan View of the Greenhouse, attached hereto as Exhibits "B", "C", "D" and "E", 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 the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. 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 7. 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 2 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 8. 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 9. 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 constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the pubhcation of its caption, as the law and charter in such cases provide. DULY PASSEl) by the City Council of the City of Coppell, Texas, this the //~ _t/t~ day of 2006. ~R, MAYOR D: ~ ATTEST: ROBERT E. HAGE~ITY ATTORNEY (REH/cdb 113106) V 3 LECALDESCRIPTION Being o 1.680 Acre tract of land more or less, situated in the GEORGE A. JACK SURVEY, ABSTRACT NO. 694, Dallas County, Texas and being part of that 10.9655 Acre tract of land described in Volume 85111, Page 1199, Deed Records, Dallas County, Texas, and being more portlculorly described os follows; COMMENCING at the Northeast corner of said 10,9655 acre tract, THENCE South 88'39'39" West with the North boundary line of said 10.9655 tract, a distance of 561.59 feet to o Copped ~ Inch Iron Rod stamped "RAM SURVEYING" set on the Most Northerly East boundary line of said 1.680 Acre tract of land, end being the POINT OF BEGINNING; THENCE South 01'21'00" East o distance of 15.64 feet to o Capped ½ Inch Iron Rod stamped "RAM SURVEYING" set; THENCE North 88'38'41" East o distance of 107.60 feet to o 5/8 Inch Iron Rod Found at the East Boundary line of said 1.680 Acre tract, same being the Northwest corner of Lot 1, Block 1, Grandy's Addition es recorded in Volume 20005078, Page 78, Plot Records Oollas County, Texas. THENCE' with said East Boundary line of said 1.680 Acre tract and West Boundary line of said Grandy's Addition, South 01'13'37" East a distance of 237.80 feet to a "+" cut found at the beginning of a curve to the right having a radius of 30.0 feet; THENCE with said curve an arc distance of 19.66 feet to a "+" cut found on the North Right of Way of Fitness Court, same being the Southeast corner of said 1.680 acre tract, chord bearing being South 17'25'11" West and chord distance being 19.31 feet; THENCE South 88'36'15" West with North Right of Way of said Fitness court o distance of 87.04 feet to Copped ~ Inch Iron Rod stamped "RAM SURVEYING" set at the beginning of o curve to the right having o radius of 225.0 feet; THENCE with said curve an arc distance of 132.68 feet to o Copped ½ Inch Iron Rod stamped "RAM SURVEYING" set, chord bearing being North 74'30'09" West and chard distance being 105.77 feet, and being the beginning of e curve to the left having o radius of 225 feet,; THENCE with said curve en arc distance of 88,27 feet to o Capped ~ inch Iron Rod stomped "RAM SURVEYING" set for the Southwest corner of said 1.680 acre tract, some being the on the East boundary line of Lot 2R, Block A, Denton Top Development Add[UGh as recorded in Volume 2001165, Page 45, Plot Records, Dallas County, Texas; THENCE North 00'22'16" West with said West boundary line of 1.680 Acre tract, some being the East boundary line of said Denton Tap Development Addition a distance of 200.48 feet to the Northwest corner of said 1.680 Acre tract, some being the South Boundary line of REM TEX VENTURES os described in Volume 2000095, Page 308,5, Deed Records, Dallas County, Texas; THENCE North 88'59'~9" East o distance of 1§8.96 feet to the POINT OF BEGINNING, and containing ~.680 Acres of land more or less. ~x'IBIT COF:'PELL ~10NTESSOF~I ,-6,O,,AD =b"i , ST'EEL EDGING Fl TN FI E S S ~:'~C O~T TNESS COURT ~?ITY MAP C~FY REQUIREMENTS ~ SI~ I~T SP NO~S LANDSCAPE NOTES NOTE$ : 1. FOUNDATION MUST BE SQUARE AND LEVEL. 2. $,000 PSI CONCRETE WITH 1/'2" BAR STEEL IN CENTER OF BEAM. AHSE 1020/24" W/56 X 80 DOOR FOUNDATION PLAN SCA] ~.. N.To$. i APPROVED BY: DATE: ~ um~m mr: DATE: l? OCT OS ~ ~ ~'