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CC approval of ORD 2/13/96 AGENDA REQUEST FORM CITY COUNCIL MEETING: February 13, 1996 ITEM ITEM CAPTION: Consideration and approval of an Ordinance for Case No. S-1072R, Blooming Colors Nursery, zoning change from LI (Light Industrial) and LI-S.U.P. (Light Industrial and Light Industrial, Special Use Permit) to LI-S.U.P. (Light Industrial, Special Use Permit), with special conditions, to allow a landscape nursery on property located on the south side of Beltline Road, approximately 1,790 feet east of MacArthur Boulevard, and authorizing the Mayor to sign. SUBMITTED BY Gary L Sieb , TITLE: Director of Planning and ~.~ Services INITI~S ST~F CO~ENTS: Council approved this Special Use Pe~it at its November 14, 1995, meeting. STAFF RECOMMENDATION Approval ~ Denial EXPLANATION: BUDGET AMT.$ AMT. EST.$ +/- BUD:$ FINANCIAL COMMENTS :~ FINANCIAL REVIEW'~ CITY MANAGER REVIEW:~ Agenda Request Form - Revised 1/94 Document Name pzs1072R.ord Put 'a~" l~g~r i~ ln'h~r~ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~,~../~/ 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 "LI" (LIGHT INDUSTRIAL) AND "LI-S.U.P." (LIGHT INDUSTRIAL, SPECIAL USE PERMIT) TO "LI- S.U.P." (LIGHT INDUSTRIAL, SPECIAL USE PERMIT) TO ALLOW A LANDSCAPE NURSERY ON THE PROPERTY ON THE SOUTH SIDE OF BELTLINE ROAD, APPROXIMATELY 1,790 FEET EAST OF MACARTHUR BOULEVARD, COPPELL, DALLAS COUNTY, TEXAS, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXHIBIT "B"; 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. WHEREAS, 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 Coppeil, 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 situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. S-1072R 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 to grant a change in zoning from "LI" (Light Industrial) and "LI-S.U.P." (Light Industrial, Special Use Permit) to "LI-S.U.P." (Light Industrial - Special Use Permit) to allow a landscape nursery on property on the 1 AGGO7E1B south side of Beltline Road, approximately 1,790 feet east of Macarthur Boulevard, Coppell, Dallas County, Texas, ~nd being more particularly described in Exhibit "A" attached hereto and made a part hereof for ail purposes. SECTION 2. That the change in zoning for Speciai Use Permit to allow a landscape nursery is hereby granted subject to the following speciai conditions: (A) A wood and brick screening wall shail be constructed and maintained across the front of the property. The existing fencing shall be relocated and maintained along the east side of the property; (B) Outside storage within fifty feet (50') of the east property line shail be restricted to nursery stock only, if visible through the fence at the east property line; (C) A thirty inch (30") high landscape screening wall shall be installed and maintained aiong the east side of the new driveway pavement on the property; (D) A second driveway entrance as described in the Valley Ranch Self-Storage Plat shall be constructed and maintained on the property; (E) No signage other than the existing signage on the property shall be permitted; and (F) The property shall be developed and used only in accordance with the Site Plan attached hereto as Exhibit "B". SECTION 3. That the Site Plan, attached hereto as Exhibit "B", and made a part hereof for ail purposes, be, and the same is hereby, approved. SECTION 4. That the above property shall be used only in the manner and for the 2 AGGO7E1B purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, a~td as amended herein. SECTION 5. That all provisions of the Comprehensive Zoning Ordinance 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 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 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. SECTION 7. 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 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. SECTION 9. That this ordinance shall take effect immediately from and after its AGGOTE1B passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSEI~ by the City Council of the City of Coppell, Texas, this the /,_3 ~ ~ayof .~~ ,~996. ~SgYw~'' '~I'OM MORTON, MAYOR L'I'NDA GRAU, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMI~, CITY ATTORNEY (PGS/ct 1/31/96) 4 AGGOTE1B OWNERS CERTIFICATE BEING a tract of land situated in the City of Coppell, Dallas County, Texas and being a part of the Singleton Thompson Survey, Abstract No. 1493, and containing part of Blooming Colors Nursery Addition, as per Plat recorded in Volume 94067, Page 01750, Map Records, Dallas County, Texas, and being more particularly described as follows: BEGINNING at a 1/2" Iron Rod Found for comer in the south line of Belt Line Road (120 R.O.W.) said corner being S 85 degree 42' 35" E, a distance of 1,521.61 from the intersection of said south line and the east line of MacArthur Boulevard (110' R.O.W.); THF~NCE S 85 degree 42' 35" E, along said south line, a distance of 179.67 feet to a 1/2" Iron Rod Set for corner; THENCE due South, a distance of 479.55 feet to a 5/8" Iron Rod Set for corner; THENCE due West, a distance of 179.17 feet to a 5/8" Iron Rod Set for corner; THF~NCE due North, a distance of 492.99 feet to the POINT OF BEGINNING, and containing 87,123 square feet or 2.0001 Acres of land, more or less. EXHIBIT ""A" BLOOMING COLORS NURSERY & LANDSCAPE, INC. 1701 EAST BELTUNE COPPELL, TEXAS 78019 SELl STfRAC-E . 10' ride eoeement I(~'~ SITE PLAN ~]N~ VENTURE