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OR 91-500-A-407 Universal AcademyAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-407 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 FOR UNIVERSAL ACADEMY (GRADES PRE K -12TH), AND 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 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, ATTACHED HERETO AS EXHIBITS `B AND C", 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 ($29000.00) 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 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 situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD -97R3 -R 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 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 for Universal Academy (grades pre K -12th), and 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 corner of Sandy Lake Road and MacArthur Blvd. and being more particularly described in Exhibit "A", attached hereto and incorporated herein for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the development standards, which are as follows: A. Engineering Department review of the proposed circulation patterns and directional signage prior to opening and during the operation of this school. B. The applicant re-evaluate the necessity of fencing in the future retail areas. C. Provision of a letter from a registered structural engineer proving the bridges/box culverts will support a vehicle weighing a minimum of 80,000 lbs. D. The hours of operation shall not exceed 6:30 a.m. 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 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 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. 3 SECTION 9. 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, Texas, this the day of 2005. ROBERT E. HAGER PITY ATTORNEY (REIVcdb Reviewed vised 04/26/05) N. STC)IVER. MAYOR 4 73915 LEGAL DESCRIPTION WHEREAS, REICIAW PARTNERSHIP, INC., a 'texas corporation, is the owner of a 10.6984 acre tract of land situated in the James Parrish Survey, Ahstract No. 1139, and the S.A. & M.G. R.R. Survey, Abstract No. 1442, in the City of Coppell, Dallas County, Texas, according to Special Warranty Deed from Safeway, Inc. to Reklaw Partucrship, Inc., filed for record in Volume (006, Pa„e 1588 of the Dallas County Deed Records, said 10.6984 acre tract being all of Lots L, 3 and 4, Block t, of the Corners of Coppell, an addition to the City of Coppell according to Plat recorded in Volume 86197, Page 5563, of the said Deed Records, and being more particularly described as follows: BEGINNING at a 5/8" iron rod found for the northwest corner of said Lot 3, same heing in the south line of a 84foot wide drainage right-of-way dedicated to the City of Coppell from Woodridge, Section Three, an addition to the City of Coppell according to Plat recorded in Volume 81110, Page 3301, of said Deed Records, said iron rod being N.89°28'00"E., 167.23 -feet from the east line of MacArthur Boulevard (said east Eine bung 65 -feet from the centerline at this point); \ THENCE, N.89°28 0)"E., 805.71 -feet along the said south Line of the 80 -foot drainage right-of-wav to a I- iron rod found for the point of curvature of a curve to the right in a southeasterly direction having a central angle of 10052'44", a radius of 452.47 -feet and a tangent length of 43.09 -feet; THENCE, along said curve and said south line of the 80 -foot drainage right-of-way 85.91 -feet to a %" iron rod found for corner, said rod being in a west line of a 0.758 acre tract of land conveyed to Coppell Municipal Utility District No. 1, according to deed filed in Volume 75222, Page 1202, of said Deed Records; THENCE, along the west and south perimeter of said 0.758 acre tract as follows: S.00007'27'W., 200.26 -feet to a 5/8'' iron rod found for corner; N.89°39'03"W., 110.00 -feet to a 5/8' iron rod found for corner; 5.00°07'27"W., 140,00 -feet to a %" iron rod found for corner; 5.89039'03"E., 150.00 -feet to a 'g" iron rod found for corner, same being the southeast corner of said 0.758 acre tract, and said iron heing also in the east line of said S.A. & M.G. R.R. Survey; THENCE, 5.00007'27"W 157.68 -foot to a ," iron rod found for corner, same being the northeast corner of Wellington Place, an addition to the City of Coppell, according to Plat recorded in Volume 86155, Page 5582, of said Deed Records; THENCE., N.89°52'33"00., 984.31 -feet along the north line of said Wellington Place to a Y' iron rod found for corner in the east line of said MacArthur Boulevard (said east line being 55 -feet from the centerline at this point); THENCE, along, the east line of MacArthur Boulevard as follows: N.23029'43"W., 65.74 -feet to a 'z" iron rod found for corner, same being the point of curvature of a curve_ to Me right: in a northwesterly direction having a central angle of 11°06'20", a radius of 1145.00 -feet and a tangent length 111.13 -feet; Thence along said curve an arc distance of 221.93 -feet to a 5/8" iron rod found for corner, same living the southwest corner of Lot 2, Block 1, of said Corners of Coppell; THENCE, 5.89°52'H- E,., 148.23 -feet along the south line of said Lot 2, to a I" iron rod found for hornet; THENCE, N.000707"E., 225.11 -feet along Che east line of said Lot 2, to the Point of Beginning, and containing 466,022 .square feet or 10.6984 acres of land. 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