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OR 297-A-09 Repeals Ordinance No. 297-A-8 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 297A9 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICATION HEREIN STATED; PROVIDING A REPEALING CLAUSE AND SPECIFICALLY REPEALING ORDINANCE 297- A-8; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the Governing Body of the City of Coppell, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that said change of zoning, which is on application of The Texas District-Lutheran Church, Missouri Synod, should be granted, and the Comprehensive Zoning Ordinance of the City of Coppell should be amended in the exercise of its legislative discretion: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be and the same is hereby amended by amending the Zoning Map of the City of Coppell, to give the hereinafter described property the new zoning district classifications set out below. Tract 1, as described on Exhibit "A" attached hereto is hereby zoned "$F-12~ Single Family Residential District with a Special Use Permit for use as a church. Exhibit "A" is made a part hereof for all purposes. Tract 2, as described on Exhibit "A" attached hereto is hereby zoned "PDu Office Planned Development District, and shall be limited to the uses and subject to the conditions set out below. A. The property described in this section shall be limited to the following uses: 1. Professional & administrative offices where services are provided only and no chattels or goods are offered for sale on the premises, including but not limited to doctors, dentists, attorneys, architects, engineers, urban planners, insurance, real estate, banks and similar offices. 2. Business on trade school. 3. Business support services. 4. Communications services. 5. Financial services. 6. Personal improvement services. 7. Restaurant located within office building. 8. Day Nursery or day care center. 9. Nursing home or convalescent home. 10. Laboratory: Scientific research, testing, medical, dental, or optical so long as all operations are not conducted outdoors. 11. Florist (no outside storage). 12. Barber and beauty shop. 13. Drugstore or pharmacy. 14. Hospital. 15. Fraternal club or lodge. 16. Postal facilities. 17. Municipal building. 18. Churches or rectory. 19. Telephone exchange. B. The following special conditions are placed on the property described in this section: 1. As provided in Planned Development a Conceptual Plan and detailed Development Plan will be submitted and approved by the Planning and Zoning Commission and City Council, and the submittal will require the following: a. Conceptual Plan- This plan shall be submitted by the applicant. The plan shall show the applicant's intent for the use of the land within the proposed Planned Development District in a graphic manner and as may be required, supported by written documentation of proposals and standards for development. (1) A Conceptual Plan for residential land use shall conform to the Subdivision Ordinance standards for preparation of a preliminary plat. For residential development which does not have proposed platted lots, the Conceptual Plan shall set forth the size, type and location of buildings and building sites, access, density, building height, fire lanes, screening parking areas, landscaped areas and other pertinent development data. (2) A Conceptual Plan for uses other than residential uses shall set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. Data which may be submitted by the applicant, or required by the Planning and Zoning Commission or City Council, may include but is not limited to the types of use(s), topography and boundary of PD areas, physical features of the site, existing streets, alleys and easements, locations of future public facilities, building height, parking ratios and other information to adequately describe the proposed development and to provide data for approval, which is to be used in drafting the final Development Plan. b. Development Plan or Detail Site Plan - This plan shall set forth the final plans for development of the Planned Development District and shall conform to the data presented and approved on the Conceptual Plan. Approval of the Development Plan shall be the basis for issuance of a Building Permit. The Development Plan may be submitted for the total area of the "PD" or for any section or part as approved on the Conceptua! Plan. The Development Plan must be approved by the Planning and Zoning Commission and City Council, but a public hearing is not required. A public hearing for the Development Plan shall be required only if specifically stated at the time of Conceptual Plan approval in the original amending ordinance. 2. No building shall exceed thirty-five (35) feet or two and one-half (2-1/2) stories in height. 3. In no case shall more than forty percent (40%) of the lot area be covered by building. 4. Parking regulations: One (1) space per three hundred (300) square feet of leaseable floor area; in addition, no parking shall be allowed within ten (10) feet of the front property line or within five (5) feet of the rear property line. 5. At least eighty percent (80%) of all exterior walls shall be of masonry type construction and compatible with adjacent structures. Masonry construction shall mean brick or stone veneer or tilt wall. 6. A minimum six (6) feet in height solid masonry site-barring wall or better shall be constructed and maintained between office and residential areas. 7. Mechanical equipment shall be constructed, located and screened so as not to interfere with the peace, comfort and repose of the occupants of any adjoining building or residence. 8. l~efuse collection facilities and containers shall be screened from the view of all public streets and residential areas adjacent to the property by a sound fence or wall of at least six (6) feet in height. 9. Landscape areas shall be provided and meet the following requirements: Landscape Plan: Prior to issuance of a Building Permit for any use other than agriculture, single-family dwelling, or duplex dwelling in any zoning district, a Landscape Plan shall be submitted and shall show location, name, quantity, and size of any landscape plants, landscape paving, benches, screens, fountains, statues, sprinkler or water system, or other landscape features, buildings, parking areas, drives, walks, adjacent streets, and alleys. The Landscape Plan shall be prepared by a registered Landscape Architect and drawn to scale and of such size as to be legible. Landscaping shall extend beyond the property line to the curb or paving line in all adjacent streets and alleys. The Landscape Plan can be submitted as part of the Final Development Plan (Detail Site Plan). The Landscape Plan does not need to be approved by the Planning and Zoning Commission and City Council un]ess so stated in the amending ordinance in a Planned Development District. Minimum Standards: a. Except where otherwise provided, all yard, setback, parking, service, and recreational areas shall be landscaped with lawns, trees, shrubs, or other landscape materials. b. Where the use of a living screen is required or proposed, such screen must be included as an element of the landscape plan. c. A minimum of ten percent (10%) of all parking areas adjacent to dedicated streets shall be landscaped. On lots where the required parking is not adjacent to a dedicated street, the ten percent (10%) landscaping requirement shall apply to the area between the building or structure and the street. Certificate of Occupancy: Prior to the issuance of a Certificate of Occupancy, all screening and landscaping must be in place in accordance with the Landscape Plan required in 33.1. A Waiver of Compliance may be given by the City Manager when the owner agrees in writing to a specific date after which the landscaping shall be required to have been installed. Such date shall not be more than six (6) months after the issuance of a Certificate of Occupancy. Maintenance: All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant material which dies shall be replaced with plant material of similar variety and size. Visibility: Where the rigid enforcement of these landscaping requirements will result in a conflict with 31.2-9, the requirements shall be reduced to the extent to remove the conflict. In any event, the requirements of Section 31 shall take precedence. 10. Ail outside lighting features shall meet the following requirements: Glare: Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination across the bounding property line from a visible source of illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property. All outside lights shall be made up of a light source and reflector so selected that acting together the light beam is controlled and not directed across any bounding property line above a height of three (3) feet. The allowable maximum intensity measured at the property line of a residential use in a residential district shall be 0.25 foot candies. Non-Residential Site Lighting: a. All off-street parking areas for non-residential uses in non- residential district which are used after dark, shall be illuminated beginning one-half hour after sunset and continuing throughout the hours of use up until midnight, whichever is earlier. In case only a portion of a parking area is offered for use after dark, only that part is required to be illuminated in accordance with these standards. However, the portion offered for use shall be clearly designated. Lighting within the parking areas shall meet the following minimum requirments. No intermittent or flashing lights are permitted. b. Intensity: (1) On the parking area surface, an average of at least two (2) foot candles, initial measurement, and a minimum average of one (1) foot candle on a maintained basis. (2) Minimum at any point on the parking area surface to be at least 0.6 foot candies initial, and at least 0.3 foot candies maintained or 1/3 of the average, whichever is greater. LUMINARIES: Light sources shall be of a down-light type, indirect, diffused, or shielded type luminaries and/or so installed as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets. Bare bulbs above fifteen (15) watts or strings of lamp~ are prohibited except for temporary lighting not exceeding forty-five (45) days per year and as provided in 35.4. SPECIAL LIGHTING: Low Wattage: Holiday special lighting shall be permitted for a maximum time pereiod of forty-five (45) days for each holiday used. 11. All structures shall meet the following area and lot requirements: a. Area l~equirements: (1) Front Yard: Minimum required setback, sixty (60) feet. (2) Side Yard: Minimum required setback, fifteen (15) feet, unless adjacent to property in a residential district, then a minimum of twenty-five (25) feet shall be observed. (3) Rear Yard: Minimum required setback, twenty (20) feet. b. Size of Lot Requirements: (1) Lot Area: Five thousand (5,000) square feet minimum. (2) Lot Width: Fifty (50) feet minimum. (3) Lot Depth: None. 12. As many trees as possible shall be left standing. 13. The buildings constructed on the site must be designed in a compatible manner with the surrounding residential neighborhoods. 14. That the Detail Site Plan, as finally approved with all stipulations contained therein, shall be marked Exhibit "B" and filed with this ordinance. 15. All paved areas, permanent drives, streets and drainage structures shall be constructed in accordance with standard City of Coppell specifications adopted for such purpose, and the same shall be done to the satisfaction of the Director of Public Works. 16. This Planned Development District is established pursuant to the Comprehensive Zoning Ordinance of the City of Coppell as amended, and the provisions thereof, unless directly in conflict herewith, shall be applicable to the District "O" Office District. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. This ordinance is to replace Ordinance 297-A-8 which is specifically repealed. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, 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 invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. 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, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare of the City. Therefore, this ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the . :I , ' / "~ / /' MAYOR ~ ATTEST: ~e~v~ ~ ,o ~o CZ85-0322 EXHIBIT A TRACT I All that certain tract of land being situated in the Siebert Henderson Survey, Abstract No. 629, Dallas Co., Tx, and being part of that certain 5 acre tract of land conveyed from Mosley to Brock by deed recorded in Vol. 7~204 at page 1616 of the Dallas County Deed Records, and being more particularly described as follows: Beginning at a point 177.72' south of the intersection at the South line of Sandy Lake Rd (called a 60' Right of Way) and the east line of Heartz Rd. Right of Way) which has an iron rod set for corner} Thence south along the east line of Heartz Rd. a distance of 271.9#' to an iron rod set for corner; Thence S $9022'00" E adistance of #$1.05~ to an iron rod set for corner; Thence N 0°1#'05'' W a distance of 271.95' to an iron rod set for corner, and being 225' from the South line of Sandy Lake Road; Thence S 89°22'00'' W a distance of 146.93' to an iron rod set for corner; Thence N a distance of 66.33' to an iron rod set for corner; Thence S 89°22'00'' W a distance of 153' to an iron rod set for corner; Thence South a distance of 66.33' to an iron rod set for corner; Thence S 89°22'00'' ~V a distance of 1 $0' to the POINT OF BEGINNING, containing 140,$03 sq. ft. or 3.23 acres of land more or less. TRACT 2 All that certain tract of land being situated in the Siebert Henderson Survey, Abstract No. 629, Dallas County, Texas, and being part of that certain tract of land conveyed from Mosley to Brock by deed recorded in Volume 7420/~ at page 1616 of the Dallas' County Deed Records, and being more particularly described as follows: Beginning at the intersection of the south line of Sandy Lake Road (called a 60 foot right-o~,-way); an iron rod set for corner; Thence S 89v22'00'' E a distance of 180.00' to an iron rod for corner; Thence North a distance of 66.33' to an iron rod set for corner; Thence S 89022'00'' E a distance of 153.00' to an iron rod set for corner; Thence South a distance of 66.33' to an iron rod set for corner; Thence S 89022'00'' E a distance of 146.93' to an iron rod set for corner; Thence N 00°1#'05'' W a distance of 228.00' to the south line of Sandy Lake Road, an iron bolt ~,ound for corner; Thence S $4v35'11'' W along the south line of Sandy Lake Road a distance of #$1.08' to the POINT OF BEGINNING, containing 87,120 square feet or 2.0000 acres of land and being subject to an ingress and egress easement over the east 25' thereof. Also subject t6 any easements and rights-of-way of record.6 EXHIBIT"A"