ORD approved by CC 5/10/05AGENDA REQUEST FORM
ITEM CAPTION:
COl'FELL
DEPT: Planning
DATE: May 10, 2005
ITEM ~: 14/G
Consider approval of an Ordinance for Case No. PD-97R3-R, Comers of Cc
change from PD-97-R (Planned Development-97-Retail) to PD-97R3-R (PI~
Retail) to amend the Planned Development to allow the occupancy of appro
existing building for Universal Academy (grades preK-12th), and the occupa
feet for college and/or retail uses, on 10.7 acres of property located at the so
MacArthur Blvd., and authorizing the Mayor to sign.
ppell (Universal Academy), zoning
nned Development-97 Revision 3-
dmately 73,128-square-feet of the
acy of the remaining 41,475-square
~theast comer of Sandy Lake Road and
GOAL(S):
EXECUTIVE SUMMARY:
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to Approve
Ord. # 91500-A-407
M - Tunnell
S - York
Vote - 7-0
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On March 17, 2005, the Planning Commission unanimously approved this zoning change (6-0).
On April 12, 2005, Council unanimously approved this zoning change (5-0)i
Staff recommends approval.
Agenda Request Form - Revised 09/04
,ocument Name: ~PD-97R3-R ORD I-AR (Con)
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ~_.,~k~ ~-/~ ~ ~/-O7
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 PD-97-
R (PLANNED DEVELOPMENT-97-RETAIL) TO PD-97R3-R
(PLANNED DEVELOPMENT-97 REVISION 3~RETAIL) TO
ALLOW THE OCCUPANCY OF APPROXIMATELY 73,128-
SQUARE-FEET OF THE EXISTING BUILDING FQR UNIVERSAL
ACADEMY (GRADES PRE K-12~m), AND THE OCCUPANCY OF
THE REMAINING 41,475-SQUARE FEET FOR COLLEGE
AND/OR RETAIL USES, ON 10.7 ACRES (IF PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF SANDY LAKE
ROAD AND MACARTHUR BLVD. AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A~', ATTACHED
HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES;
PROVIDING FOR DEVELOPMENT STANDARDS; PROVIDING
FOR THE APPROVAL OF THE DETAIL SITE PLAN AND
LANDSCAPE PLAN AND SIGN PLAN, ATTACHl~D HERETO AS
EXHIBITS "B AND C", RESPECTIVELY; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING P~ 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 CoppelI, Texas, in compliance with the laxvs of the Stato of Texas and pursuant to
the Comprehensive Zoning Ordinance of the City of Coppetl, have igiven requisite notices by
publication and otherwise, and after holding due hearings and afforOing a full and fair hearing
to ail property owners generally, and to all persons interested and si~ated in the affected area
and in the vicinity thereof, the said governing body is of the opinioh that Zoning Application
No. PD-97R3-R should be approved, and in the exercise of lqgislative discretion have
concluded that the Comprehensive Zoning Ordinance and Map shotlld 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
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from PD-97-R (Planned Development-97-Retail) to PD-97R3-R (Planned Development-97
Revision 3-Retail) to allow the occupancy of approximately 7.3,128-square-feet of the
existing building for Universal Academy (grades pre K-12th), a~d the occupancy of the
remaining 41,475-square feet for college and/or retail uses, on 10.7 acres of property
located at the southeast comer of Sandy Lake Road and MacArtllur Blvd. and being more
particularly described in Exhibit "A", attached hereto and inaorporated herein for all
purposes.
SECTION 2. That the properly shall be developed and usdd only in accordance with
the development standards, which are as follows:
A. Engineering Department review of the proposed ifirculation patterns and
directional signage prior to opening and during tl~e operation of this
school.
B. The applicant re-evaluate the necessity of fencing in the future retail
areas.
Provision of a letter from a registered structural engineer proving the
bridges/box culverts will support a vehicle weighling a minimum of
80,000 lbs.
D. The hours of operation shall not exceed 6:30 a.mi to 6:30 p.m. Monday
through Friday and 6 a.m. until 7 p.m. on Saturdays.
SECTION 3. That the Site and Landscape Plan and sign Plan, attached hereto as
Exhibits "B" and "C", respectively, and made a part hereof for all purposes, are hereby
approved.
2 73915
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 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 ordinancei 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 an~ par[ 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. An offense committed before the effective date of this ordinance is
govcmed by prior law and the provisions of the Comprehensiqe 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.
3 73915
SECTION 9. That this ordinm~ce shall take effect immeqtiately from and after its
passage and the publication of its caption, as the law and charter in ~uch cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the /~) ~'~'
day of ~ ,2005.
APPROVE~
ROBERT E. HAGER, CI2tP¢ ATTORNEY
(RElq/cdb RevJev, ed & Revised 04/26/05)
DO'U~/Z'AS ~. STOl
ATTEST:
B(~ ~'TyTS ECRI~T,~Y
4 73915
LEGAL DESCRIPTION
EXHIBIT "A"
EXHIBIT "C~' ~