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Blooming Colors-AG 940208AGENDA REQUEST FORM ClTY COUNCIL MEET~G F~hr,,~ry g: 1'0~1 E~_~_~E~[ NUMBER ~O~_~ Consideration and approval of an ordinance app.rovin~S-10?2., ehangi/ng the zoning from IA (Light Industrial) to LI. S.U.P (Light Industrial, Special Use Permmt) for mi~rs Landscape Nursery, Ioeated along the south side of Beltline, 1,650 feet east of MaeArthur Boulevard, at the request of Barry Johnson, and authorizing the Mayor to sign. SUBMITI'ISD STAFF REP.: C~nry I._ .~h ]~or of ISlnnnln_~ & Co~lm. S~ OTHER REP.: DATE: EVALUATION OF ITEM: City Council Approval: January 11, 1994 BUDGET AMT. AMT. +/- BUDGET COMMENTS: AMT. ESTIMATED FINANCIAL REVIEW BY/fJ~ ~ / LEGAL REVIEW BY: AOENDA REQUEST FORM REVIS£D 2/93 REVIEWED BY CM~ 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 SPECIAL USE PERMIT WITH SPECIAL CONDITIONS IN AN 'LI~ LIGHT INDUSTRIAL DISTRICT, TO ALLOW THE OPERATION OF A LANDSCAPE NURSERY ON A 2.0 ACRE TRACT OF LAND LOCATED ON THE SOUTH SIDE OF BELTLINE ROAD, 1,650 FEET EAST OF MACARTHUR BOULEVARD, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT ~A~ A'VFACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN AND ELEVATIONS MONUMENT PLAN ATFACHED HERETO AS EXHIBITS ~B" AND "C" RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SAVINGS CLAUSE; 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-1072 should be granted, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance 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 Special Use Permit with special condition in an "LI" Light Industrial District, to allow the operation of a landscape nursery on a 2.0 Acre tract of land located on the south side of Beltline Road, 1,650 Feet east of MacArthur Boulevard, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the Specific Use Permit for a landscape nursery is hereby approved subject to the following condition, to wit: 1. The Special Use Permit shall be used only in accordance with the Site Plan and Elevations Monument Plan attached hereto as Exhibits "B' and "C' respectively. SECTION 3. That the Site Plan and the Elevations Monument Plan for the Specific Use Permit shown in Exhibits "B" and "C' attached hereto and made a part hereof for all purposes are 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. REPEALING CLAUSE That all provisions of 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 6. SEVERABILITY CLAUSE That should any sentence, paragraph, subdivision, clause, phrase or section of this 2 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. PENALTY CLAUSE 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 8. SAVINGS CLAUSE 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 9. EFFECTIVE DATE 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. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ,1994. APPROVED: TOM MORTON, MAYOR 3 AGG0509E ATTEST: APPROVED AS TO FORM: G. S~, CITY ATTORNEY CITY SECRETARY 4 AGG0509E 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 SPECIAL USE PERMIT WITH SPECIAL CONDITIONS IN AN 'LI" LIGHT INDUSTRIAL DISTRICT, TO ALLOW THE OPERATION OF A LANDSCAPE NURSERY ON A 2.0 ACRE TRACT OF LAND LOCATED ON THE SOUTH SIDE OF BELTLINE ROAD, 1,650 FEET EAST OF MACARTHUR BOULEVARD, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT 'A' A~VFACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN AND ELEVATIONS MONUMENT PLAN ATTACHED HERETO AS EXHIBITS "B" AND ~C' RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of , 1994. APPROVED: TOM MORTON, MAYOR ATI'EST: CITY SECRETARY