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PD160R-AG 980609.J AGENDA REQUEST FORM CITY COUNCIL MEETING: June 9, 1998 ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-160R, amending Ordinance No. 91500-A-173 for property zoned PD-MF, SF-7 and Open Space (Planned Development, Multi-Family-2, Single Family-7 and Open Space), to allow a 1,219 square foot day care facility in the clubhouse on property located along the east side of Coppell Road, approximately 967 Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF RECOMMENDS: APPROVAL STAFF COMMENTS: Date of P&Z Meetine: N/A Decision of P&Z Commission: N/A feet north of Parkway Boulevard, and authorizing the This zoning change amendment was approved by Council on April 14, 1998, by a vote of (5-2) with Mayor Pro Tern Tunnell and Councilmember York voting against the Amendment. DIR INITIALS' ~o Agen;a Request F~-Revised 1Y98 FIN. REVIEW: CITY MANAGER REVIEW: Document Name: ®PD160R.ord AN ORDINANCE OFTHE CITY OF COPPEI.I~ TEXAS ORDINANC NO. - / ?./ AN ORDINANCE OF ~ CITY OF COPPELL~ TEXAS, AMENDING ~ COMPI~b'.HENS1VE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY AMENDING ORDINANCE NO. 91500-A-175, PD-160 MANSIONS BY ~ LAKE BY GRANTING A CHANGE IN ZONING FOR ~ PROPERTY DESCRIBED IN EXHIBIT "A" A'ITACHED HERETO ZONED "PD-MF-2, SF-7 AND OPEN SPACE" (PLANNED DEVELOPMENT, MULTI-FAMILY- 2, SINGLE FAMILY-7 AND OPEN SPACE) TO AI,IOW A DAYCARE CENTER; PROVIDING FOR THE APPROVAL OF THR~ SITE PLAN, FIRST FLOOR PLAN, SECOND FLOOR PLAN, CLUBHOUSE V.I.EVATIONS AND DAYCARE SIGN DESCRIFFION ATTACHE I~IRETO AS EXHIBn~ "Bn, -C", uDn, UE~, AND "F', RESPECTIVELY; PROVIDING A llEpEAI.ING CLAUSE; PROVIDING A SEVERABII.rrY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOIJARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WI~I. REAS, the City Planrfing and Zoning Comngssion and the governing body of the City of Coppell, Texas, in compliance with the hws ofthe State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and alter holding due hearings and affording a full and fair hearing to all propeWy owners generally, and to an 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. PI)-160R 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 ~ CTrY OF COPPEI.I: TEXAS: SECTION 1. That the Comprehemive Zoning Ordinance and Map of the City of Coppell, Text. duly passed by the governing body of the City of Coppel~ Texas, as heretofore amended, be and the same is hereby amended by amending ordinance No. 91500-A-173, PD-160 Mansions by the Lake as heretofore amended to grant a change in zoning for the property desm~d in Exlu~oit "A" 1 SS17537 / attached hereto and made a part hereof for all purposes zoned "PD-MF-2, SF-7 and Open Space" (Planned DeveloPment, Multi Family-2, Single Fanu2y-7 and Open Space) to allow a daycare center. SECTION 2. That the property shall be developed and used only in accordance with Ordinance No. 91500-A-173, PD-160 Mansions by the Lake except as amended herein to allow a daycare center in the Clubhouse in accordance with the Site Plan, Exh~oit '~B", F'trst Floor Plan, Exh'oit "C", Second Floor Plan, F. xh'oit '~D", Clubhouse Elevations, Exlu"oit '~E", and Daycare Sign Description, Exh~oit "F" and the following special conditions for develo~t: (A) The operation of the daycare center shall be limited to the residents of the Mansions by the Lake. (B) The daycare exterior play space shall be at least 1,766 square feet and will be fenced with wrought ironldecomfi~ metal at least Four (4') foot in height in accordance with State hw. (C) The daycare center services will be provided by a non-pwfit organization. (E) The dayc, are center interior space shall be at least 1,219 square feet." SECTION 3. That the Site Plan, First Floor Plan, Second Floor Plan, and Clubhouse respectively, and made a part hereof for all purposes, are hereby, approved. sECrlON 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehens/ve Zoning Ordinance of the City of Coppell, as heretofore amended, 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 ofthis ordinance as a whole, or any part or provision thereof other than the part so decided to be unconslimtionid, illegal or invalid, and shall not effect the validity of the Comprehensive Zoning' SECTION ?. 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 & 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 fl. That this ordinance shall take effect immediately ~om and after its passage and the publication of its caption, as the law and charter in such cases provide. $317~37 DULY PASSED by the City Council of the City of Coppell, Texas, this the ~'~'~ 1998. CA. Si' S N, i 'YO ATTEST: KATHI.f~N ROACH, crrY SF. CRETARY day of APPROVED AS TO FORM: PETER G. SMITH, CITY ATrORNEY (l, Gs/m ~) . 4 ~17837 PROPI~T¥ DESCRiPTiON :9 ~S r,4 T'1~.~C~ SOL,TH ~ DEGX.~$ ~9 M~ ~ ~CO~ ~ ~-~.~ SE~O~ vL A~ ~G~N TO ~ C~ O~ CO~. D~ CO~. ~ ~ ~ ~b~ CO~ OF ~ ~0~ L~ OF S~ CO~ON ~ TO A i~' ~O~ f~ FOLIO ~l ~0~ 4S O~t~ ~ DE~ ~CO~ED ~ vOLL~ ~167. ~A~ :63: OF ~ 8~~G 0~. S~ ~I~T ALSO ~NG ~ ~0~ ~ ~OR~ ~ DEG~ 25 ~ [? SECONDS ~ ~.~ F:/%g I B I T "A" kl.OI FilberT FL. O0~ AS.I 1 LEFT ELEVATION W.R !A Western Rim Investment Advisors i~G~,~-..~.t /Ld-~--'~s dnd Port/ollo M~ggr~ Tdephone (817) Z~S-8100 Tdecop~ (8Z7} ZZ $..8Z ~0 Z400 N. Hi~h~,~y IZI #107 EUlE~S. T~cns 76039 Mail~ .'~L~: P.O. Box 4Z~ O~ley~ille, T~a~ 7~)~ March 6, 1998 Ms. Isabcllc Moro City of Coppgn Dcl~. of Planning & Zoning 25~ Parkway Boulevard P.O. Box 478 Coppell, Texas 75019 Daycare Facility at Clubhouse Dear Ms. Moro: Enclosed please find pictures of ottr daycare sign at another one of our properties. It is an example G~'th~ one that will be at our new project rfferenced above. As you will nora: 1) The si~n is for di~ctional ~ only, it is not an "outside" sign; 2) The sign will be cast stone and no lar~er than 1' by 2'. Please advise if you have any questions. Sincerely. Richard E. Simmons President mrnTBlT /