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ORD approved by CC 9/14/04AGENDA REQUEST FORM COPPELL DEPT: Planning DATE: September 14, 2004 ITEM #: 9/H ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-203-R, Coppell Florist, zoning change from SF-12 (Single Family-12) to PD-203-R (Planned Development-203-Retail) to allow the construction of a florist shop and office uses on 0.42 of an acre of property located at the southwest corner o£ Sandy Lake and Moore Roads, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve Ord. Cf 91500-A-387 M - York S - Brancheau Vote - 6-0 Suhy absent Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On July 15, 2004, the Planning Commission unanimously recommended approval of this zoning change (7-0). On August 10, 2004, Council unanimously approved this zoning change (6-0). Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: ~PD-203-R ORD 1-AR(Consent) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. q/'_~g)lD '"" 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 "SF-12" (SINGLE FAMILY- 12) TO "PD-203-R" (PLANNED DEVELOPMENT-203-RETA1L) TO ALLOW FOR THE CONSTRUCTION OF AN APPROXIMATELY 2,700 SQUARE-FOOT FLORIST SHOP WITH OFFICE ON APPROXIMATELY 0.42 ACRES OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SANDY LAKE AND MOORE ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, TREE MITIGATION/LANDSCAPE PLAN, AND ELEVATIONS PLAN, ATTACHED HERETO AS EXHIBITS "B", "C", AND "D", 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 thc City of Coppell, have given requisite notices by publication and other, vise, 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-203-R 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 Coppcll, 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 "SF-12" (Single Family-12) to "PD-203-R" (Planned Development-203, Retail) to allow for the construction of an approximately 2,700-square foot florist shop and office on 0.42 acres ofproper~y located on at the southwest comer 67245 of Sandy Lake and Moore Road, and being more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the following development conditions as set forth hereinbelow; and, the property depicted in Exhibit "A" shall be further developed in accordance with the Site Plan, Tree Mitigation/Landscape Plan, and Elevation Plan, attached hereto as Exhibits "B", "C", and "D", respectively: A. Approval by the City Engineering Department on the design of the proposed masom'y-screening wail. SECTION 3. That the Site Plan, Tree Mitigation/Landscape Plan, and Elevation Plan, attached hereto as Exhibits "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 a~nended, and as amended herein. SECTION 5. 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 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 decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 2 67245 SECTION 7. An offense committed before the effective date of this ordinance is govemed 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 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 constitute a separate offense. SECTION 9. 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 ,2004. APPR~ ROBERT E. HAGEt~ (REH/cdb 8/31/04 iITY ATTORNEY D O0~'I~A S"N'. S~VER, MAYOR ATTEST: LIBBY BA~ CITY SECRETARY 3 67245 LEGAL DESCRIPTI0~ Whereas DAVID V. COSTELLO, by the deed recorded in Volume _, Page ..... Deed Records, Dallas County, Texas, is the owner of a part of Lot 1, Block A, Stringfellow Addition, an addition to the City of Coppell, according to the plat recorded in Volume 47, Page 193, Map Records, Dallas County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a 5/8-inch capped steel rod marked "JDJR" set at the northeast corner of Lot 9, of said Block A, Stringfellow Addition, same point being located in the south line of Sandy Lake Road (a 95 foot right-of-way); Thence North 89 degrees 15 minutes 74 seconds East with the said south line of Sandy Lake Road, a distance of 127.20 feet to a 5/8-inch capped steel rod m(]rked "JDJR" set at the northwest end of a corner clip located at the southwest intersection of the said south line of Sandy Lake Road and the west line of South Moore Road (a 60-foot right-of-w0y); Thence South 55 degrees 21 minutes .34 seconds East with said corner clip, a distance of 27.60 feet to a 5/8-inch capped steel rod marked "JDJR" set at the southeast end of said corner clip; Thence South O0 degrees 21 minutes O0 seconds West with the said west line of South Moore Road, a distance of 110.24 feet to a 5/8-inch capped steel rod marked "JDJR" set at the northeast corner of Lot 2, of said Block A, Stringfellow Addition; Thence South 89 degrees 21 minutes O0 seconds West with the north line of said Lot 2, Block A, a dlstance of 150.00 feet to a 5/8-inch copped steel rod marked "JDJR" set at the northeast corner of Lot 8, of said Block A, Stringfellow Addition; Thence North O0 degrees 21 minutes O0 seconds East with the east line of aforesaid Lot 9, a distance of 125.97 feet to the PLACE OF BEGINNING. Containing a computed area of 18,729 square feet or 0.420 acres of land. EXHIBIT "A" T I / EXHIBIT C ~ Z ,~aI BIT D