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CC approval of ORD 1/10/06AGENDA REQUEST FORM COPPELL DEP~': Planning DAT}~: January 10, 2006 ITEM#: 8/F ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1228R-C, Coppell M~ntessori S-1228-C (Special Use Permit-1228-Commercial) to S-1228R-C (Special to amend the Site Plan to allow the construction of an approximate 240-s~ to the private school on 1.68 acres, and authorizing the Mayor to sign. APPROVED CITY COUN(',IL GOAL(S): ON ABOVE DATE EXECUTIVE SUMMARY: Academy, zoning change from Jse Permit-1228 Revised-Commercial), ~are-foot greenhouse as an ancillary use Motion to Approve Ord. Ct 91500-A-428 M - Suhy S - Hinojosa-Flores Vote - 7~0 Date of P&Z Meetinm N/A Decision of P&Z Commission: N/A On November 17, 2005, the Planning Commission unanimously approved (D-0) this zoning change. On December 13, 2005, Council unanimously approved (6-0) this zoning cl~ange. Staff recommends approval. Agenda Request Form - Revised 09/04 DDcument Name: ~S-1228R-C ORD I-AR(Con) AN ORDINANCE OF THE CITY OF COPPE~L, TEXAS AN ORDINANCE OF THE CITY OF COPPEI COMPREHENSIVE ZONING ORDINANCE AND COPPELL, TEXAS, AS HERETOFORE AMENDED, } ZONING FROM S-1228-C (SPECIAL USE PERMIT 1228R-C (SPECIAL USE PERMIT-1228 REVISED-~ THE SITE PLAN TO ALLOW THE CONSTRUCT 240-SQUARE-FOOT GREENHOUSE AS AN ANCILI SCHOOL ON 1.68 ACRES OF PROPERTY LOCATE OF FITNESS COURT, AND BEING MORE PARq EXHIBIT "A" ATTACHED HERETO AND PROVIDING FOR THE APPROVAL OF THE SIT} ELEVATIONS OF THE GREENHOUSE AND PLAN ¥ .L, TEXAS, AMENDING THE MAP OF THE CITY OF Y GRANTING A CHANGE IN -1228-COMMERCIAL) TO S- ?OMMERCIAL) TO AMEND ON OF AN APPROXIMATE ARY USE TO THE PRIVATE ) ALONG THE NORTH SIDE 'ICULARLY DESCRIBED IN INCORPORATED HEREIN; PLAN, LANDSCAPE PLAN, IEW OF THE GREENHOUSE, ATTACHED HERETO AS EXHIBITS "B", "C", "D" AND "E", RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO E3~CEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission ant Coppell, Texas, in compliance with the laws of the State of Texas a Zoning Ordinance of the City of Coppell, have given requisite not: and after holding due heatings and affording a full and fair hearing and to all persons interested and situated in the affected area am governing body is of the opinion that Zoning Application No. S-I Z the exercise of legislative discretion have concluded that the Con~ Map should be amended. the governing body of the City of id pursuant to the Comprehensive ces by publication and otherwise, to all property owners generally, in the vicinity thereof, the said :8R-C should be approved, and in ~rehensive Zoning Ordinance and NOW, THEREFORE, BE IT ORDAINED BY THE CI OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance Texas, duly passed by the governing body of the City of Coppell, Te: the same is hereby amended to grant a change in zoning from YY COUNCIL OF THE CITY and Map of the City of Coppell, :as, as heretofore amended, be and 28-C (Special Use Permit-1228- Commercial) to S-1228R-C (Special Use Permit-1228 Revised-~'ommercial), to amend the Site Plan to allow the construction of an approximate 240-square-foot reenhouse as an ancillary use to the private school on 1.68 acres of property located along the north side of Fitness Court, approximately 250-feet west of Denton Tap Road, and being mom particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes, subject lo special conditions. SECTION 2. That the Special Use Permit for a private school is hereby approved, subject to the following special conditions: (A) Except as amended herein, the prope~y shall be developed in accordance with S-1228- C, which is incorporated herein. (B) The property shall be developed in accordance wi~lh the Site Plan, Landscape Plan, Elevations of the Greenhouse and Plan View of the Glreenhouse. (C) A variance from the Board of Adjustment is granted to permit glass to exceed 50 pement of the total area of any one faqade ora buildirlg. SECTION 3. That the Site Plan, Landscape Plan, Elevatior~s of the Greenhouse and Plan View of the Greenhouse, 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 ir~ 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 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 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 thereo~' other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validiiy of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective dat~ of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinanc{:, as amended, in effect when the offense was committed and the former law is continued in effect for tl~is purpose. SECTION 9. That any person, firm or corporation violatingi any of the provisions or terms of this ordinance shall be subject to the same penalty as provided f(~r in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon ~:onviction 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 sep~ate offense. SECTION 10. That this ordinance shall take effect immediat.ely from and after its passage and the publication of its caption, as the law and charter in such cases pro'~ide. DULY PASSED by the City Council of the City of Coppel[, Texas, this the (~~~, 2006. /t'~ ~-.'tlay of ED: DOL~qLAS N[ ~ 6v ~ER, MAYOR APPROVED~...~.O FORM: ~Td bR,~cE~-~I~A G ~ R. ~/~Y ATTORNEY ATTEST: 3 Being o 1680 Acre troct of lend more or tess, situated Jn the GEORGE A JACK SURVEY, ABSTRACT NO 694, Dories County, Texas Grid being pert of tho[ 109655 Acre troct of land described in Volume 8.~111, Page 1199, Deed Records, Dallas County, Texas, end being more portlculerly described os follows; COMMENCING at the Nor[hoGs[ corner of said 109688 ocre troct, THENCE South 88'}9'59" West with the North boundory line of said 10.9655 tract, 0 distance Of 361.59 feet to e Copped ~,~ inch iron Rod stor~ped "RAM SURVEYING" set on the Most Northerly Cost bour~dary line of said 1.680 Acre tract of tend, (]nd be[n§ the PO!NT OF BEGINNING; THENCE South 01'21'00" East o dist(~nce of 15.64 feet to o Copped ~ Inch Iron Rod stomped "RAM SURVEYING" set; THENCE North 88'38'41" Cost e dis[once of 107.60 feet to a 5/8 Inch Iron Rod Found ot the Eost Boundary tine of soid 1.680 Acre tract, same being the Northwest corner of Lot 1, Brock 1, Orondy's Additior~ os recorded in Volume 20005078, Poge 78, Ptot Records Dal[os County. Taxes. THENCE with sold E(~st Boundary tine of said 1680 Acre tract and West BounderS, tine of soid Orondy's Addition, South 01'13'3T' East a distance of 23780 feet to ~2 "+" cut found at the beginning of o curve to the right hoving a rcldius of .~0.0 feet; THENCE with sold curve on arc dis[once of 19 66 feet to a "+" cut found on thee North Right of W(~y of Fitness Court, some being the Southeost corner of soid 1.680 ocre tree[, chord beoring being 5outh 17'23'11" West end chord dis[once being 19,51 feet; THENCE South 88'~6'15" West with North Right of Woy of soid Fitness court ~ dilstonce of 8704 feet to Capped ~ inch iron Rod stomped "RAM SURVEYING" set ot the beginning of a curve to the right ho~ing o radius of 225.0 feet; THENCE with said curve on orc als[once of 1.~2.68 feet to ~2 Copped ~/~ Inch Iron; Rod stamped "RAM SURVEYING" set, chord beefing being North 74'30'09" West end chord dfstance being 10377 feet. end b~ing the beginning of o curve to the left hoving a rodius of 225 feet,; THENCE with said curve an arc distance of 88 27 feet to a Copped ~ Inch Iron Rod stamped "RAM SURVEYING" set for the Southwest corner of said 1680 Gore tract, some being the or~ the East boundor~ tine of Lot 2R, Block A, Benton Tap Bevelopment Addition as recorded in Volume 2001165, Poge 45, Ptot Records, Dallas County, Texas; THENCE North 00'22'16" West w;th said West boundory tine of 1680 Acre [root, dame being the East boundary line of said Den[ch Top Oevelopment Addition o distance of 200.48 feet to the Northwest co~'ner of said 1.680 Acre troct, same being the South Boundory line of REM TEX VENTURES os described in Volume 20000g¢, Po~e 3085, Deed Records, Dallas County, Texas; THENCE North 88"59'.~9" East a distance of 18896 feet to the POINT OF 8EGINNJiNO, and containfng 1.680 Acres of land more or less. EXHIBIT IL EXHIBIT "B" dno~9 EXHIBIT "D"