Loading...
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 73915 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~' ~