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OR 91500-A-581 S-1255-CAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500 -A -581 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 ZONING CHANGE REQUEST FROM C (COMMERCIAL) TO S- 1255 -C (SPECIAL USE PERMIT- 1255 - COMMERCIAL), TO ALLOW AN APPROXIMATE 11,000 - SQUARE -FOOT DAY CARE TO BE LOCATED WITHIN THE EXISTING TWO -STORY BUILDING, REMOVAL OF A PORTION OF THE PARKING LOT TO ACCOMMODATE THE ADDITION OF A 5,150 - SQUARE -FOOT OUTDOOR PLAY AREA WITH A RUBBER SURFACE TO BE LOCATED AT 123 EAST SANDY LAKE AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, ELEVATIONS WITH SIGN PLAN AND THE PHOTO OF SCREENING FENCE, ATTACHED HERETO AS EXHIBITS `B", "C" AND "D" RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABIL,ITY 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 S- 1255 -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 to grant a change in zoning from C (Commercial) to S- 1255 -C (Special Use Permit - 1255- Commercial), to allow an approximate 11,000- square -foot day care to TM 54827 be located within the existing two -story building, removal and /or conversion of a portion of the parking lot to accommodate the addition of a 5,150- square -foot outdoor play area with a rubber surface to be located at 123 East Sandy Lake Road and being more particularly described in Exhibit "A ", attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only as a daycare center or uses as permitted in a C -2 District in accordance with following development conditions as set forth herein below; A) Hours of operation, child drop -off and pick -up schedule and maximum number of students shall be as specified on the Site Plan, attached hereto as Exhibit `B ". B) In the event that traffic from this facility significantly impacts the abutting street system, the owner /operator shall be responsible for obtaining the services of an off -duty police officer to direct traffic during peak hours. C) Submission of as- builts for the existing structure are required prior to issuance of a Certificate of Occupancy for this use. D) Signage shall conform to the provisions of the attached sign plan, Exhibit C. E) That the solid waste disposal receptacle shall be screened in accordance with attached Exhibit C and located on the site. F) An eight foot (8) screening fence on the south property line, as depicted on the site plan, shall be located, constructed and maintained in compliance with attached Exhibit B from materials and staining as provided in the Code of Ordinances. SECTION 3. That the Site Plan, Elevations with Sign Plan, and Photo of Screening Fence, attached hereto as Exhibits `B ", "C" and "D ", respectively, and made a part hereof for all purposes as special conditions, are hereby approved. TM 54827 SECTION 4. That the above property shall be developed and used only in the manner and for the purpose provided for by the Office and Retail District regulations, 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. 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 2012 TM 54827 TO FORM: ROBERT E. HAGER.141TY ATTORNEY (REH/mpm) DOUGL*S N. STOVER, MAYOR ATTEST: HRISTEL PETTINOS, CITY SE TARY TM 54827 LEGAL DESCRIPTION STATE OF TEXAS COUNTY OF DALLAS CITY OF COPPELL WHEREAS, 3B Developers, Inc., is the owner of a tract of land situated in the Edward A. Crow Survey, Abstract No. 301, City of Coppell, Dallas County, Texas, and being all of a tract of land conveyed to Grant Wynn and Sam Grady.Wynn, III by deed recorded in Document No. 200600139385, Official Public Records, Dallas County, Texas, same being conveyed to Bob Anderson by deed recorded in Document No. - - - - -- - -- - - - - -, Official Public Records, Dallas County, Texas, and being more particularly described by metes and bounds as follows; Beginning at a A inch iron rod found for corner, and being the intersection of the South line of sandy Lake Road (a variable width right -of -way), and the West line of a 20 foot alley; Thence South 00 degrees 05 minutes 04 seconds West, along the West line of said 20 foot alley, a distance of 196.45 feet to a 'r4 inch iron rod found for corner, and being the intersection of the West line of said 20 foot alley and the North line of a 20 foot alley; Thence West, along North line of said 20 foot alley, a distance of 208.55 feet to a Y4 inch iron rod found for corner, and being the East line of Lot 3, Block A, TOWNOAKS CENTRE, an addition to the City of Coppell, Dallas County, Texas, according to the map thereof recorded in volume 84248, Page 05137, Map Records, Dallas County, Texas; Thence North 00 degrees 09 minutes 21 seconds East, along the East line of Lot 3 of said Townoaks Centre, a distance of 197.77 feet to a A inch iron rod found for corner, and being the South line of said Sandy Lake Road; Thence South 89 degrees 38 minutes 17 seconds East, along the South line of said Sandy Lake Road, a distance of 208.31 feet to the Point Of Beginning and containing 41,084.13 square feet or 0.9432 acres of land. 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