CC approval of ORD-12/14/04AGENDA REQUEST FORM
COPPELL
DEPT: Planning
DATE: December 14, 2004
ITEM #: I1/H
ITEM CAPTION:
Consider approval of an Ordinance for Case No. PD-204-C, Cr~me de la Cr~me, zoning change from C
(Commercial) to PD-204-C (Planned Development-204-Commercial) to allow the construction of a 20,425-square-
foot day care center on 2.8 acres of property, located along the east side of Denton Tap Road, south of the Vintage
Car Wash, and authorizing the Mayor to sign.
GOAL(S):
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
EXECUTIVE SUMMARY:
Date of P&Z Meetinm
Decision of P&Z Commission:
N/A
N/A
IMotion to Approve
Ord. # 91500-A-399
M - York
S - Suhy
Vote - 6-0
Tunnell absent
On October 21, 2004, the Planning Commission approved this zoning change (4-3).
On November 9, 2004, Council unanimously approved this zoning change (7-0).
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: ~ PD-204-C ORD 1-AR (Consent)
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 CHANGE IN ZONING FROM C (COMMERCIAL) TO PD-
204-C (PLANNED DEVELOPMENT-204-COMMERCIAL) TO ALLOW
THE CONSTRUCTION OF A 20,425-SQUARE-FOOT DAY CARE
CENTER ON 2.8 ACRES OF PROPERTY, LOCATED ALONG THE
EAST SIDE OF DENTON TAP ROAD, SOUTH OF THE VINTAGE CAR
WASH, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL
PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE PLAN,
SITE DETAILS, LANDSCAPE PLAN AND DETAILS, AND ELEVATIONS,
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 heahngs 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-204-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 thc 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 zoning change request from C (Commercial) to PD-204-
C (Planned Development-204-Commercial) to allow the construction of a 20,425-square-foot
day care center on 2.8 acres of property, located along the east side of Denton Tap Road, south
69974
of the Vintage Car Wash, 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, Site Details, Landscape Plan, and Elevations 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 hemin.
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 tmconstitutional, illegal or invalid, the sane 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 conunitted 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 69974
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 alter its passage
and the publication of its caption, as the law and charter in such cases provide.
by the City Council of the City of Coppell, Texas, this the ./4~~t.~ day of
DULY
PASSED
DVER, MAYOR
ATTEST:
L1BB~/BAL ,~IT'~ S~cRETARY
3 69974
LEGAL DESCRIPTION
BEGINNING at "X" cut in concrete in the east right of way of South Denton
Tap Road, a 100 foot wide right of-way, and being the northwest corner of this
tract and being the southwest corner of WHITE GLOVE EXPRESS, an addition
to the City of Coppell, according to the plat thereof recorded in Volume
2001192, Page 7362~ Map Records, Dallas County, Texas;
THENCE South 89 54'03" East a dzs~ance of 228.44 fee~ to a 1/2 inch rod with a
yellow cap marked (HCCULLAH SURVEYING) set for corner, being the
southeast corner of said WHITE GLOVE EXPRESS, and being in the west line
of the Second Revised BRAEWOOD WEST, an Addition to the City of Coppell
according to the plat thereof recorded in Volume 80153, Page 53, Map Records,
Dallas County, Texas;
THENCE South 0039'13" West along the west line of BRAEWOOD WEST a distance ef
439.55 feet to a point for corner;
THENCE North 90 00'00" West a distance of 274.07 feet to a point for corner,
being in the east right ofrway of said Denton Tap Road;
THENCE North 0005'05" East along said east right-of-way of Denton Tap Road
a distance of 440.00 feet to the POINT 0F BEGINNING and containing 2.789 acres
of land, more or less.
lf. XliiBIT "A"
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EXHIBIT "B'"
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EXHIBIT "C"
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KXH:I:BIT D-2
EXHIBIT E