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OR 91-500-A-182 Rezones property to allow for a 600-unit apartment complex AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A182 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) TO "PD-MF" (PLANNED DEVELOPMENT - MULTI-FAMILY RESIDENTIAL) TO ALLOW A 600-UNIT APARTMENT COMPLEX ON PROPERTY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, CONCEPTUAL ELEVATIONS A, CONCEPTUAL ELEVATIONS B, CONCEPTUAL LANDSCAPE PLAN L1 AND CONCEPTUAL LANDSCAPE PLAN L2 ATTACHED HERETO AS EXHIBITS "B", "C", "D", "E" AND "F", RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR 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 a~er 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 thereot~ the said governing body is of the opinion that Zoning Application No. PD-162 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 COPPEI,L, 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 fi-om '%F' (Light Industrial) to '~PD-MF" (Planned Development - Multi-Family Residential) on property described in Exhibit "A", attached hereto and made a part hereof for all purposes. 1 ss13026 SECTION 2. That the above change in zoning is hereby granted, subject to the following development conditions: (A) The property shall be developed and used only in accordance with the Detail Site Plan, Conceptual Elevations A, Conceptual Elevations B, Conceptual Landscape Plan L1 and Conceptual Landscape Plan L2 attached hereto as Exhibits "B", "C", "D", "E" and "F", respectively, and made a part hereof for all purposes; (B) The property shall be used and developed only for Multi-Family residential use limited to a maximum of 600 units to be constructed in two phases on 37.7 acres. A maximum of 400 units shall be constructed during the first phase and the remaining units shall not be constructed until the phase 1 units are at least seventy-five percent (75%) occupied. The property owner or the authorized agent shall submit proof satisfactory to the City Manager that the first 400 units are seventy-five percent (75%) occupied prior to the issuance of any building permits for development of the second phase. The property owner may comply with this requirement by submission of a certified rent roll for phase 1 showing that at least seventy-five (75%) of the phase 1 multi-family units are occupied. No building permit or other approval for the second phase shall be issued until the City Manager is satisfied that at least seventy-five percent (75%) of the development of the phase one apartment units have been occupied; (C) Three (3) story construction shall be allowed in the middle of the buildings with two (2) story construction on both ends of the buildings so as to permit a density not to exceed twenty (20) apartment units per acre as shown on the Detail Site Plan attached as Exhibit "B"; 2 SS13026 (D) At least ten percent (10%) of each phase of development or collectively three 0 ) acres for both phases of development, whichever is greater shall be dedicated for use as playgrounds, parks and recreation for the residents of the multi-family units, as shown on the Detail Site Plan attached hereto as Exhibit "B"; (E) At least two (2) parking spaces per apartment unit shall be provided; (F) Parkland dedication, or fees in lieu of parkland dedication, required as a result of the development of the property for multi-family use with respect to the 600 apartment units shall be waived provided the property owner or authorized agent has applied for the related building permits for the phase 1 development within two (2) years after the adoption of this ordinance, in accordance with that certain Agreement by and among CF.D Construction, Inc., CED Capital Holdings m, Ltd., Dallas Area Affordable Partners, IV., L.P., the City of Coppell, Texas, Tom Morton as Mayor of the City of Coppell, Gary L. Sieb as Director of Planning and Community Services, the City Council, and the Planning and Zoning Commission, in their official capacities and dated May 20, 1997; (G) The City shall waive development fees consisting ofwater, sewer, and roadway impact fees, building permit and construction fees to be assessed relative to the multi-family development allowed herein for the first 400 apartment units constructed for phase 1 for a period of two (2) years after the date of adoption of this ordinance. The City does not waive any development fees assodated with the construction and development of the remaining 200 apartment units of the multi-family phase 2 development, in accordance with that certain Agreement by and among CED 3 8813026 Construction, Inc., CED Capital Holdings m, Ltd., Dallas Area Affordable Partners, IV., L.P., the City of Coppell, Texas, Tom Morton as Mayor of the City of Coppell, Gary L. Sieb as Dkector of Planning and Community Services, the City Council, and the Planning and Zoning Commission, in thek official capacities and dated May 20, 1997; (H) The property owner will pay for the cost for two (2) light standards to be erected in the median of Beltline Road near the entrance to the multi-family development as shown on the Detail Site Plan attached as Exhibit "B"; (I) The property owner will reimburse the City for one-third (1/3) of the cost of an offsite traffic signalization pursuant to a separate agreement with the City approved by the City Council on October 14, 1997; (J) The color of the majority of the exterior brick for the multi-family units constructed during phase 1 shall be substantially similar to Acme Sandpiper Heritage. The color of the "accent" exterior brick for phase 1 shall be substantially similar to Acme Silver Kings. The color of the phase 1 roof material shall be substantially similar to Elk Antique Slate. The exterior paint color for phase 1 siding shall be substantially similar to Sandbar Sherwin W'flliams 2073. The exterior paint accent color for phase 1 shall be substantially similar to Copper Nail Sherwin Williams 2315. The exterior paint color for phase 1 facia trim shall be substantially similar to Rocky Coast Sherwin Williams 2001. (K) The color of the exterior brick for the multi-family units constructed during phase 2 shall be substantially similar to Acme Quorum. The phase 2 roof material shall be 4 ss 13026 substantially similar to Weathered Wood composition shingle. The exterior paint colors for phase 2 siding shall be substantially shnilar to Sandbar Sherwin W-dliams 2073. The exterior "accent" color for phase 2 shall be substantially similar to Dense Forest Sherwin W'dliams 2259. The exterior paint color for phase 2 facia trim shall be substantially similar to Rocky Coast Sherwin W'dliams 2001. (L) The 20 foot wide utility easement located on the PD-MF site along Beltline Road shall be extended westerly across the adjacent LI (Light Industrial) tract of land parallel to Beltline Road. The 10 foot wide hike and bike trail along the western edge of the PD- MF site (extending from Beltline Road south to the levee area) shall be extended within such 20 foot utility easement (across both the LI tract and the PD-MF site) to the western edge of the entry drive into the multi-family development (across from the western edge of Fairway Drive2. The extension of the hike and bike trail within such 20 foot easement (across both the LI tract and PD-MF site shall be in lieu of any sidewalks along the northern property line of both the LI tract and PD-MF site parallel to Beltline Road. The extension of the 20 foot easement including the 10 foot hike and bike trail is to be shown on the Detail Site Plan attached as Exhibit "B" and must be shown on the approved final plat. (M) The property owner shall dedicate to the City a fifteen (15) foot wide easement in which will be located a ten (10) foot wide hike and bike trail. The property owner shall construct the trail according to City specifications, however all or any portion of the trail may be constructed using decorative brick pavers meeting City specifications as shown on the Detail Site Plan attached hereto as Exhibit "B". The City will maintain 5 ss~3026 the easement and the hike and bike trial after its construction and acceptance by the City. Building heights shall be in accordance with the table shown on the Elevation Plan attached hereto as Exhibit "C". Buildings 2 and 27 as shown on the Detail Site Plan, shall be two-story. Buildings 5 and 38 as shown on the Detail Site Plan shall be three- story. SECTION 3. That the Detail Site Plan, Conceptual Elevations A, Conceptual Elevations B, conceptual Landscape Plan L1 and Conceptual Landscape Plan L2 attached hereto as Exhibits "B", "C", "D", "E" and "F", respectively, and made a part hereof for all purposes, be, and the same are 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 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. 6 SSla026 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 ~D0°/-/<.~ day of O~. n~,-m ,1997. APPRp)VED: sI-m ,' ffK,20i ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMITH, CITY ATTORNEY (PGS/ttl 10/13/97) 7 8813026 PROPERTY DESCRIPTION BEING a tract of land out of the Singleton Thompson Survey, Abstract No. 1493, in the City of Coppell, Dallas County, Texas, embracing portions of the 42.280 acre tract of land described in the deed to WHRB Real Estate Limited Partnership recorded in Volume 95208, Page 2985 of the Dallas County Deed Records, being bounded on the north by Belt Line Road, a 120 feet wide right of way described in the Right of Way Deeds to the County of Dallas recor~ded in Volume 5139, Pages 45 and 55 of said deed records, and being more particularly described as follows: COMMENCING at a 1/9- inch iron rod found in the south right of way line of said Belt Line Road for the northwest corner of said WHRB Real Estate Limited Partnersh/p tract, said point bears South 85'4242'35' East, a distance of 77.25 feet from a 1/2 inch iron rod found for the northeast corner of Blooming Colors Nursery Addition, an addition to the City of Coppell, in DaLlas County, Texas, as shown on the plat recorded in Volume 94067, Page 1750. THENCE South 85'42'35' East, along the south right of way line of said Belt Line Road and the north line of said ~H]~B Real Estate Lixnited Partnership, a distance of 506.43 feet to a 1/2 inch iron rod set for the POINT OF BEGINNING. THENCE South 85°42'35" East, along the south right of way line of said Belt Line Road, a distance of 900.46 feet to a 1/2" iron rod set for point, said point also being the beginning of a curve. THENCE along the east line of said UHRB Real Estate Limited Partnership and the west line of said KKR Investments, Inc. tract, in southeasterly direction along a curve to the left having a radius of 1515.00 feet, a central angle of 4(~42'46', an are length of 1235.17 feet and a chord which bears South 19'08'46' East, a chord distance of 1201.24 feet to a 1/~' iron rod set for point; THENCE South 41'26'10" East, a distance of 5.96 feet to a 1/2 inch iron rod set for point and the beginning of a curve to the right. THENCE continuing along the east line of said WHRB Real Estate Limited Partnership and the west line of said KKR Investments, Inc. tract, in a southwesterly direction along said curve to the right having a radius of 75.00 , a central angle of 135'59'08', an arc length of 17§.00 feet, and a chord which bears South 24'27'11" West, a chord distance of 139.07 feet to a 1/2 inch iron rod at the end of said curve. THENCE North 89'03'45' West, along the south line of said WHRB Real Estate Limited Partnership and the north line of said KKR Investments, Inc. tract, at a distance of approximately 566.44 feet pass a corner common to said KKR Investments, Inc. tract and said Grapevine Creek, and continuing along the north line of said Grapevine Creek for a total distance of 654.18 feet to the beginning of a curve to the right. THENCE along the south line of said WHRB Real Estate IJmlted Partnership and the north line of said Grapevine Creek, in a northwesterly direction along a curve to the right having a radius ct 1493.00 feet, a central angle of 30°35'15', and an arc length of 797.04 feet, to a 1/2 inch iron rod found tbr point at the ¢~d of said curve. TwRNCE continuing along the south line o..f, s_aid WHRB Real Estate lira!ted Partnership and the north line of Grapevine Creek, North 5~55 32- West, a distance of 395.17 feet to a 5/8 inch iron rod found for the southwest corner of said WHRB Real Estate Limited Partnership tract. THENCE North 00'01'03' West, along the west line of said WHRB Rea] Estate L/mited Partnership tract, a distance of 522.06' to a 1/2 inch iron rod set for corner; THENCE South 85'42'35' East, a distance of 476.30 feet to a I/2 inch iron rod set for corner; THENCE North 04'17'25' East, a distance of 400.00 feet to the POINT OF BEGINNING and containing 1645171.5686 square feet or 37.7679 Acres of Land. EXHIBIT "A" EXHIBIT "C" EXHIBIT k~IBIT "F"