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PD178R2-AG010213 '1' H E C I T Y 0 COPP-ELL AGENDA REQUEST FORM CITY COUNCIL MEETING: February 13, 2001 ITEM # q ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-178R2, Town Center West, Detail Site Plan of the Children's Courtyard, daycare and child development centers, zoning change request to amend the planned development and allow the construction of a 10,262 square foot daycare and a 10,545 square foot child development center on approximately 2.7 acres of property located along the south side of Town Center West Boulevard, approximately 320' west of N. Denton Tap Road, and authorizing the Mayor to sign. SUBMITTED BY~[~b- TITLE: ('" Director of Planning a~.n.d,,jZommunity STAFF COMM~N-T.S: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A Services APPROVED BY CITY COUNCIL DATE - On February 17, 2000, the Planning Commission unanimously approved this zoning change request (7-0). On March 28, 2000, City Council approved this zoning change request (5-2). Council members Tunnell and Wheeler voted against the motion. Staff recommends approval. DIR. INITIALS: , FIN. REVIEW: Agenda Request Form - 00 CITY MANAGER REVIE ~W~ Document Name: ~P178R2o AN ORDINANCE OF THE CITY OF COPPELL, TEXAS 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-178R" (PLANNED DEVELOPMENT-178R) TO "PD-178R2" (PLANNED DEVELOPMENT - 178R2) TO ALLOW FOR THE CONSTRUCTION OF A DAYCARE AND A CHILD DEVELOPMENT CENTER FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR A DETAILED SITE PLAN, LANDSCAPE PLAN, TREE MITIGATION PLAN, FLOOR PLAN FOR BUILDING "A", ELEVATIONS FOR BUILDING "A", FLOOR PLAN FOR BUILDING "B", ELEVATIONS FOR BUILDING "B" ATTACHED HERETO AS EXHIBITS "B", "C", "D", "E", "F", "G" AND "H" 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 ($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 Coppell, have given requisite notices by publication and otherwise, and after holding duc 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-178R2 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 "PD-178R" (Planned Development-178R) to "PD-178R2" (Planned Development - 178R2) to allow for the construction of a Daycare and a Child Development Center for the property 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 in accordance with the following development conditions and the Detail Site Plan, Landscape Plan, Tree Mitigation Plan, Floor Plan for Building "A", Elevation for Building "A", Floor Plan for Building "B", and Elevation for Building "B" attached hereto as Exhibit "B", "C", "D", "E", "F", "G" and "II", respectively: A. The one-way ingress and egress off Town Center West Boulevard shall be marked and a loop treatment system for internal traffic and public safety access as approved by the City Engineer and the Fire Marshall shall be observed. B. No drop off porte cochere shall be required. C. All crosswalks for pedestrian ingress and egress shall be approved by the City Engineer. SECTION 3. That the Detailed Site Plan, Landscape Plan, Tree Mitigation Plan, Floor Plan for Building "A", Elevation for Building "A", Floor Plan for Building "B", and Elevation for Building "B"attached hereto as Exhibits "B .... C", "D", "E", "F", "G" and "H", and made a part hereof for all purposes, is 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 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~ 2001. APPROVED: ~/)~ ~~~/~._ CANDY SHEEH~N, 1V'[P~YOR ATTEST: ~ARY 3 ROBERT E. HAC~E~[TY ATTORNEY 4 BEING a tract of land situated in tl~ Geor~ W. Jack Surv~, ~ No. 694 in the City of CoppeH, Dallas County, Te'xas and abo berg part of a tract of land as deacn'bed in a dee~ to REAL TF~-~ VENTURES, INC. a~l recorded in Volume 73201, Page 1722 of the Deed Records of Dallas County, T.~xas COMM~ICING at a point o~ th~ west ~ of Denton T~ Road (a variable width right-of-way), saki point being t~ southeast corner of the aaid H.i~kl~ ~ ~ al~ being t~ northe~t ~ of a ~ of la~ ~ co~vey~ to William Boca't~m, tru~ee, by dee~d recorded in Volume g511 l, Page I 197 of the Deed Records of Dallas County, Texas; Thence S. 88°39'00' W., 394.00 feet ~ the ~aid we~t line of Denton T~ Road, and running along th~ north line of the said ~ tract, to the P'OH'~ OF BEGD'~-H~G, a THENCE S. 88°39'00~ W., 601.50 fe~ along the ~aid north Line of the Boc~em tra~ and passing at 3 i ! 5~ fee~ the norflaeast corner of Lot 2 in Block 'A' of De'nton T~p De, veldt, an addition to the City of CoppeLl as recorded in Volume 981 19, Page 37 of the Deed Recoa~ of Dallas County, Texas, to a ~A~ iron rod found for corner, ~aid point being ou the east line of Shadydale Acre~ Addition, an a~ktition to ~he City. of Coppell as ~ in Volume 41, l~age 71 of the Dee~ R~ of Dallas County, Texas; THENCE N. 00~22°16' W., 191. l0 feet along the said east tine of Shadydale Acres Addition t~ a rod ~ for ~ being o~ the aot~th l/ne of We~t Town Center Drive (a variable w~dth right-of-way); THE?~CE N. 85°17'45' E.. 597.80 feet along the said ~outh ~ of Wes~ Tow~ Center Drive to a ~/~ ix~c rod set for cxn'ner, said point being the ~beginnmg of a cur~e to the let~ having a central axle of 09°2-~'5 and a radius of 338.92 feet; THENCE ~long said curve, ~ along the said south line of Wear To~rn Cente~' Drive, 0.87 feet to the ~d of said curve, a ¼' iro~ ~ se~ f~ corner, THENCE S. 01°13'37'' W., 194.77 fe~ leaving the said ~outh ~ of Wear Town Center Drive to the Point of Begi~'nning an<l co~aining 2.658 acr~ i~fllBIT "A" iiiiiiii EXHIBIT "C" EXHIBIT ]~HIBIT "E" EXHIBIT "G" EXHIBIT "H"