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CC approval of ORD 3/8/05AGENDA REQUEST FORM COPPELL DEPTI Planning DATE.' March 8, 2005 ITEM#: 13 ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-207-C, Ballet Academy of Texas, zoning change from C (Commercial) to PD-207-C (Planned Development-207-Commercial) to allow the construction of an 11,214- square-foot ballet studio on 1.17 acres of property located along the south side of Fitness Court, approximately 350 feet west of Denton Tap Road, and authorizing the Mayor to sign. GOAL(S): APPROVED BY CITY COUNCIL ON ABOVE DATE EXECUTIVE SUMMARY: MOtion to Approve Ord.# 91500-A404 Vote - 6-0 Brsncheau absent from chambers for vote Date of P&Z Meeting: Decision of P&Z Commission: On October 21, 2004, the Planning Commission unanimously approved this zoning change (7-0). On November 9, 2004, Council approved this zoning change (6-1) wirrh Councilmember Tunnell voting in opposition. Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: ~2PD-207-C ORD I-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. '404 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING OIlDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS~ AS HERETOFORE AMENDED, BY GRANTING CHANGE IN ZONING FROM C (COMMERCIAL) TO PD- 207-C (PLANNED DEVELOPMENT-207-COMMERCIAL) TO ALLOW THE CONSTRUCTION OF AN ll,214-SQUARE-FOOT BALLET STUDIO ON 1.17 ACRES OF PROPERTY LOCATED ALONG THE SOUTH SIDE OF FITNESS COURT, APPROXIMATELY 350 FEET WEST OF DENTON TAP ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, ELEVATIONS AND ATTACHED SIGN DESIGN, 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. ~,VHEREAS, 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 situatod in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-207-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 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 by granting a change in zoning from C (Commercial) to PD-207- C (Planned Development-207-Commercial) to allow the constru~:tion of an 11,214-square-foot ballet studio on 1.I7 acres of property located along the south side of Fitness Court, 1 72162 approximately 350 feet west of Denton Tap Road, and being more particnlarly 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 conditiuns and development standards as indicated on the Site Plan, Landscape Plan, Elevations and Attached Sign Design 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 ia 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 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 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 pan so decided to be unconstitutional, illegal or invalid, and shall ~ot 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 committed and the fom~er 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 72162 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 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, T~/~ this the t~ --I1~ day of ATTEST: ~ LIBB? ~3AL~ITY~ sEcRETARY 72162 LEGAL DESCRIPTION COUNTY OF DALLAS WHEREAS THOMAS C NICHOLBON and LZSA SLAGLE NICHOLSON. are the o~nePs of a parcel or tract of land situated in tr~e GEORGE w. JACK SURVEY. ABSTRACT NO 694. ~n the C~ty of Coppe]]. Dallas County. Texas. being recomded Dy deed recorded zq Vol 200~232. Pg. 3344, Deed R~copds. Zn Volume 98~8. Page 37, Plat Records. Dallas County. fexas, and being THENCE South 00'~629' East a]ong said TACO BELL ~ddzt]on a distance Coppe]] as recorded lq Volume 88006. Page 5896, P~at Records, Dallas THENCE North 89'42 43 East a distance of 35~.d5 feet to the POINT OF BEG[NNIr4G and containing ~. ~7 acres of lar~d or 50965.2 SQ. FT., more or ]ess. EXHIBIT "A" EXHIBIT "B" >~ ~ EXHIBIT EXHIBIT ATTACHED SIGN DESIGN k,~HIBIT "E"