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CC approval of ORD 1/10/06AGENDA REQUEST FORM CO?PELL DEPI': Planning DATg: January 10, 2006 ITEM #: 8/E ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1228-C, Coppell Mon~essori Academy, zoning change from C (Commercial) to S-1228-C (Special Use Permit-1228-Commercial), to allow the construction of an approximate l l,700-square-foot private school on 1.68 acres of property located oJlong the north side of Fitness Court, approximately 250-feet west of Denton Tap Road, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: APPROVED BY CITY COUNCIL ON ABOVE DATE IMotion to Approve IOrd. # 91500-A-427 M - Suhy S - Hinojosa-Floree Vote - 7-0 Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On September 15, 2005, the Planning Commission unanimously approved i6-0) this zoning change. On October 11, 2005, Council unanimously approved (%0) this zoning change. Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: ~S-1228-C ORD l-AR(Con) AN ORDINANCE OF THE CITY OF COppE~L, TEXAS ORDINANCE NO. ~4A"4Z7 AN ORDINANCE OF THE CITY OF COPPEL THE COMPREHENSIVE ZONING ORDINANCE AI~ OF COPPELL, TEXAS, AS HERETOFORE AMEN[ CHANGE IN ZONING FROM C (COMMERCIAL) USE PERMIT-1228-COMMERCIAL), TO ALLOW OF AN APPROXIMATE ll,700-SQUARE-FOOT 1.68 ACRES AND BEING MORE PARTICULA EXHIBIT "A" ATTACHED HERETO AND INC£ PROVIDING FOR THE APPROVAL OF THE SIT PLAN/TREE SURVEY, ELEVATIONS AND FLOC HERETO AS EXHIBITS "B", "C', "D" AND ' PROVIDING FOR SPECIAL CONDITIONS; PROV CLAUSE; PROVIDING A SEVERABILITY CLA SAVINGS CLAUSE; PROVIDING A PENALTY OF THE SUM OF TWO THOUSAND DOLLARS OFFENSE; AND PROVIDING AN EFFECTIVE DAT] L, TEXAS, AMENDING D MAP OF THE CITY ED, BY GRANTING A ?0 S-1228-C (SPECIAL FHE CONSTRUCTION ilVATE SCHOOL ON RLY DESCRIBED IN RPORATED HEREIN; ~ PLAN, LANDSCAPE R PLAN, ATTACHED 'E", RESPECTIVELY; [DING A REPEALING USE; PROVIDING A INE NOT TO EXCEED ;2,000.00) FOR EACH WHEREAS, the City Planning and Zoning Commission an( Coppell, Texas, in compliance with the laws of the State of Texas a Zoning Ordinance of the City of CoppeI1, have given requisite not and after holding due hearings and affording a full and fair hearin[ and to all persons interested and situated in the affected area an~ governing body is of the opinion that Zoning Application No. S-122: the governing body of the City of ad pursuant to the Comprehensive ces by publication and othem'ise, to all property owners generally, in the vicinity thereof, the said -C should be approved, and in the exercise of legislative discretion have concluded that the Comprehe,nsive Zoning Ordinance and Map should be amended. ~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: i SECTION 1. That the Comprehensive Zoning Ordinance ~md Map of the City o£ Copp¢ll, Texas, duly passed by the governing body of the City of Coppell, Te: the stone is hereby amended to grant a change in zoning from C (C Use Pcrmit-1228-Commercial), to allow the construction of an private school on 1.68 acres and being more particularly described made a part hereof for ail purposes, subject to special conditions. SECTION 2. That the Special Use Permit for a private sc~ the following special conditions: :as, as heretofore amended, be and )mmercial) to S-1228-C (Special approximate 11,700-square-foot n Exhibit "A" attached hereto and ooi is hereby approved subject to A) The property shall be developed in accordance with the Site Plan, Landscape Plan/Tree Survey, Floor Plan and Elevations. B) Existing trees, as depicted on the Tree Survey, must be protected during construction, and a Tree removal Permit will be required prior to construction of the "Future Phase". SECTION 3. That the Site Plan, Landscape Plan/Tree Survey, Floor Plan and Elevations, attached hereto as Exhibits "B", "C", "D" and "E", 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 amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict ~vith 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 7. 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 SECTION 8. 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 ,~,hen the offense was committed and the former law is continued in effect for !his purpose. SECTION 9. That any person, firm or corporation violatin~ any of the provisions or terms of this ordinance shall be subject to the same penalty as provided ~'or in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upo4 conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) foi each offense; and each and every day such violation shall continue shall be deemed to constitute a sep~ate offense. SECTION 10. That this ordinance shall take effect immediqely~ 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 Coppe~l, Texas, this the /tO ~e~day of ATTEST: ruBY g~lT~' ~ECR~-TARY APPROVE~TO FORM: 3 LEGAL DESGRIPTIO~ Be;no (] i 680 Acre tract o! land more or less, ~sltuated in the CEORGE A JACKJSLJRVEY, ABSTRACT NO 694 Dallas Coun y, Texas and being port of that 109655 Acre trec. of land described in Volume 8~111, Page 1199, Deed Records. Dallas County, Texas. and being more particularly described os follows; i COMMENEING at the Northeast corner of sold 109655 acre tr,:ct, THENCE South !88'39'39" West with the North boundary line of said 10.9655 tract a distance of 36159 feet to o Capped ~ Inch iron Rod stor~ped "RAM SURVEYIN0" set on the Most Nor heHy East boundary ne o sod 580 Acre tract of land. 0nd being the POINT OF BEGINNING; THENCE South 01'21'00" East a dist(]nce of 1564 feet to o Capped ~ Inch Iron IRod stomped "RAM SURVEYING" set; THENCE North 88'38'41" East o distance of 10760 feet to o 5/8 Inch Iron Rod !Foumd at the East Boundary line of sa[d 1680 Acre tract, some being the Northwest corner of Lot 1. Block 1. Grandy's Additiod os recorded in Volume 20003078. Page 78, Plat Records D(~rlos County, Texas THENCE with said East Boundary fine of said 1 680 Acre tract and West Boundar~ line of said Grandy's Addition, South 01'13'37" East a distance of 23780 feet to a "+" cut found at the beginning of a curve to the right having a radius of 300 feet; THENCE with said curve on arc distance of 1966 feet to a ~ "+" cut found on th North Right of Way of Fitness Court, sGme bemg the Southeast corner of so~d 1680 acre tract, chord bearing being South ~T23'11" West and chord distance berng 1931 feet; THENCE South 88'36'15" West with North Right of Way of said Fitness court o distance of 87.04 feet to Copped ~ Inch Iron Rod stomped "RAM SURVEYING" set at the beginning of o curve to the right having o radius of 225.0 feet; THENCE with said curve dn arc distance of 15268 Feet to (] Copped ~ Inch Iron!Rod stomped "RAM SURVEYING" se[. chord bearing being Nor[h 74'30'09" West mhd chord distance being 10277 feet. and b~it~g the beg[nning of o curve to the left having o radius of 225 feet,; THENCE w~th said curve on arc distance of 88 27 feet to a Capped ~ Inch Iron ~od stamped "RAM SURVEYING" set for the Southwest corner of sold 1680 acre tract, same being the on the East boundor)~ llne of Lot 2R, Block A. Denton Top Developme*~t Addibon as recorded in Volume 2001165. P~uge 45, Plot Records. Oolllos County. Texas; THENCE North 00'22'16" West with said West boundary fine of 1 680 Acre tract, s~me being the East boundary line of said Denton Tap Development Addltlon o d~stonce of 200.48 feet to the Northwest co,er of said 1.680 Acre tract some being the South Boundary line of REM TEX VENTURES os descrlbed in Volume 2000095, Po§~e 3085. Deed Records Dallas County, Texas; THENCE North 88'39'39" East a d~stonce of 18896 feet to the POINT OF BEGINNIING. and containing 1680 Acres of land more or less EXHIBIT "A" EXHIBIT EXHIBIT "E"