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OR 91500-A-564 Old Town CoppellAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-564 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 "H" HISTORIC TO PD -250-H (PLANNED DEVELOPMENT -250 -HISTORIC) FOR THE PROPERTY LOCATED IN OLD TOWN COPPELL ON THE SOUTH SIDE OF BETHEL ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE CONCEPTUAL SITE/LANDSCAPE PLAN ATTACHED AS EXHIBIT `B"; PROVIDING FOR DEVELOPMENT REGULATIONS; 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 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 No. PD -250-H 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 by granting a change in zoning from "H" Historic to PD -250 "H" (Planned Development -250 Historic), for the property located in Old Town Coppell and being more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes. SECTION 2. The property shall be developed and used in accordance with the following regulations: A) Purpose. The purpose of this Planned Development is to provide for a mixed use development within Old Town Coppell for the development of approximately thirteen (13) retail office cottages built with craftsman architectural style, a maximum of forty-four (44) town or patio homes, eleven (11) retail service buildings, two (2) restaurants, private parking and landscaping, to be anchored by the proposed Town Square. B) Uses and Base Zoning District. The property shall be developed and used only in accordance with Chapter 12, Article 28A "H" Historic District regulations of the Code of Ordinances and the Appendices thereto, except as otherwise provided herein: 1) Service, townhome or garden patio homes as depicted on the Conceptual Site/Landscape Plan (Exhibit B) are allowed without a special use permit. 2) The following uses are allowed in the service buildings that do not front the Town Square without Special Use Permit: carpentry; painting, plumbing or mechanical shops; private schools and related facilities; office, limited warehouse and distribution with less than ninety percent (90%) of the floor area in the service buildings. 3) A Special Use Permit shall not be required for sports, recreation and entertainment uses indoors, commercial printing shop, equipment sales and indoor amusement. 4) Restaurants and retail uses are allowed by right except for restaurants and retail uses occupying more than 8,000 square feet of foundation area (excluding patios) which require a special use permit. 5) Auto/Mobile Vehicle Parking Lots are allowed without need to obtain a special use permit. C) Area Regulations. 1) The structures along Coppell and Bethel Roads do not have to conform to the existing setback pattern along the same street. The size and shape of new buildings are not required to be consistent with the general massing of the existing "character defining" buildings. 2 TM 49078.2.42811 2) Front yard: To be measured from back of curb, generally, 15-25 feet total on public and private property comprising of a. Five feet to seven feet wide area of street trees, landscaping and lighting. b. Minimum five feet wide concrete sidewalk. c. Five feet to ten feet wide area with plants and other amenities (benches, trash receptacles, bike racks, etc., if appropriate). d. The front yard may also contain a patio (outside of the sidewalk) if a restaurant or similar use is proposed. A larger front yard is permitted for institutional uses. 3) Side yard: Zero to ten feet maximum unless: a. Adjacent to a roadway, then it shall be treated as a front yard (this shall follow the same standards of construction as the primary facade). b. Adjacent to a residential district, then it shall equal the side yard requirements of that residential district. c. A fire lane or drive is included in the side yard, and then a side yard can extend to the limits of such fire lane or drive. 4) Rear yard: No rear yard is required unless a nonresidential use is adjacent to a residential zoning district, then a ten feet minimum landscape buffer is required in accordance with section 12-33-1. Rear yards may provide for parking. 5) Maximum building size: Building footprint may not exceed 8,000 square feet without a special use permit. D) Parking Regulations. 1) Parking shall be in accordance with the off-street parking regulations of Chapter 12, Article 28A "H" Historic District regulations and Article 31 "Off Street Parking Regulations", of the Code of Ordinances and the Appendices thereto, as amended, except special considerations and requirements specifically for PD -250-H which are as follows: a. Typical parking spaces shall be a minimum of nine -feet by eighteen feet. b. No parking area shall be allowed within five feet of the rear property line when abutting a nonresidential district, unless such parking abuts a private alley. TM 49078.2.42811 c. Parking lots shall be screened through plantings of hedges, shrubs, trees, or fences at edges and in medians within the parking area, except those outside of view from public streets which shall not require screening. The screening and landscaping of parking areas shall be in accordance with Articles 33 and 12-34-8b, respectively. E) Landscaping and Screening. All landscaping and screening shall comply with Chapter 12, Article 28A "H" Historic District regulations and Article 34, of the Code of Ordinances and the Appendices thereto, as amended, except for special consideration and requirement specifically for PD -250-H which are as follows: 1) Residential lots shall have a minimum of a five foot wide area of street trees, landscaping and lighting. 2) No screening walls shall be required to separate land uses. 3) Trees planted in the parking islands shall be selected from the Overstory trees listed in Table 1 Plant Palette of the Comprehensive Zoning Ordinance, as amended. Trees located in the streetscape may be selected from either Overstory trees or Accent trees. 4) The service court area for the retail and service buildings shall be exempt from screening requirements for refuse storage and utility equipment. 5) Screening may be evergreen landscape materials as defined by the Code of Ordinances. 6) No screening is required for the townhomes or patio garden homes. 7) No screening is required of private parking areas not visible from the public rights-of-way or located adjacent to private alleys. 8) No perimeter or interior landscaping areas shall be required when located in a service court area. 9) Planting islands shall contain: (i) trees; and (ii) shrubs or groundcover. 4 TM 49078.2.42811 10) If located within a visibility triangle, as required by the City Engineer, shrubs installed and maintained shall be less than 24 inches and trees shall have greater than 7 feet clearance from grade to the bottom of the crown. 11) A landscape perimeter buffer shall not be required along interior property lines or alleys. 12) Streetscape trees shall be counted toward the required number of trees required under the landscape ordinance in non -vehicular open space. No other trees shall be required for Cottage, Retail or Service uses. 13) Trees in the streetscape may be either Overstory trees or accent trees, as defined. If an accent tree is used, it shall be a Savannah Holly, Tree Yaupon, Little Gem Magnolia, Crepe Myrtle or similar alternative. 14) Ground and wall mounted mechanical and utility equipment must be screened from public rights of way and may be screened by evergreen screening wall. No screening is required from adjacent properties. 15) Streetscape requirements of Sect. 12-28A shall not apply to Burns and Hammond Streets. 16) Overstory trees shall be required for landscape islands. F) Design and Construction Standards. Prior to the issuance of any building permit (residential or commercial), the developer/land owner shall conform with all detailed planned development requirements as provided for in Chapter 12, Article 27 of the Code of Ordinances and all structures shall comply with Chapter 12, Article 28A "H" Historic District regulations of the Code of Ordinances and the Appendices thereto, as amended, except as amended herein.: 1) Driveways shall be located to the side or rear with garages sited in the rear yards. 2) Building materials other than wood or brick may not include metal siding but may include cement board. 3) Commercial buildings shall have a minimum of 60 percent glazed area (windows and door openings) from floor to ceiling for ground floor primary facades. Cottage buildings shall have doors and windows appropriate for craftsman architecture. TM 49078.2.42811 4) Masonry may only be painted if intended for signage. 5) Roof form and pitch: Gable roof form shall not apply to retail or services buildings which may use flat roofs or parapets. 6) Buildings having facades longer than those historically found in the district may utilize vertically oriented bays or other vertical design elements to break up the massing. 7) Window framing materials may be of aluminum or vinyl but must be traditional in appearance and shall not have brushed or shiny aluminum or other metal appearance elements. 8) Canopies/awnings: May be individually located within major bays or may be continuous. Canopies may be wooden or metal and parallel with the sidewalk. Awnings shall be angled and made of fabric (canvas) or similar materials (sunbrella), or metal. Plastic/vinyl is prohibited. 9) Shutters: Shall be of louvered wood, vinyl, fiberglass or metal construction, and shall fit the window opening (so that if closed, they would cover the window opening). 10) Foundations: May be raised and constructed of brick (brick veneer is acceptable). 11) Gutters: Shall be half -rounded unless there is a flat roof, then box drains may be used. 12) Electrical and gas meters and other mechanical equipment shall be located on the rear or side facades and shall be screened from public rights-of-way. 13) Walls of freestanding brick are not permitted in front yards but are acceptable at rear yards and side yards not visible from the street unless at the rear of retail or service buildings as indicated on the Conceptual Site/Landscape Plan. I) Sisn Regulations. Developer/owner shall comply with all sign regulations applicable in Chapter 12, Article 28A "H" Historic District regulations and Article 29, of the Code of Ordinances and the Appendices thereto, as amended, 6 TM 49078.2.42811 except for special consideration and requirement specifically for PD -250- H which are as follows: 1) Signs may be painted directly on the facade. 2) Pan signs may be installed on the facades if architecturally compatible with the facade. 3) Projecting or hanging, perpendicular from vertical building elevations, signs may be approved administratively by the Director of Planning. SECTION 3. In addition, the requirements of Section 2, the property shall be developed and used only in accordance with the Conceptual Site/Landscape Plan attached as Exhibit "B", and incorporated herein for all purposes, and which 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 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. In the event that a conflict exists between the Code of Ordinances, this Ordinance and/or the exhibits hereto, the Code of Ordinances shall govern. In the event that a conflict exists between this ordinance and the exhibits to this ordinance, Section 2 shall govern. 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 7 TM 49078.2.42811 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 92011. FIN APPROV TO ROBERT E. HAGER, CI TTORNEY (PGs 12/28/09; 40960)(REH/cdb revised) TM 49078.2.4281 1 LEGAL DESCRIPTION BEING 23.118 acres of land located in JAMES A. SIMMONS SURVEY, ABSTRACT NO. 1296, Coppell, Dallas County, Texas, and being all of the tract of land designated as Tract II in the deed to the City of Coppell, Texas recorded in Volume 2003094, Page 797 of the Deed Records of Dallas County, Texas, and all of the tracts of land conveyed to the City of Coppell by the deeds recorded in County Clerk's File No. 20070000802, and County Clerk's File No. 200900282446 of the Deed Records of Dallas County, Texas. Said 23.118 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a'Y2" iron rod found at the Southeast corner of the aforesaid tract of land designated as Tract II, in the deed to the City of Coppell, Texas, recorded in Volume 2003094, Page 797 of the Deed Records of Dallas County, Texas, and said POINT OF BEGINNING also being the intersection of the West right-of-way line of Coppell Road South, and the North right-of-way line of Burns Street; THENCE S 85° 29'33" W 878.23 feet, along the North right-of-way line of said Burns Street and the South boundary line of said Tract II, to a Yz" iron rod found at the Southwest corner of said Tract Il, lying in the East right-of-way line of Hammond Street; THENCE N 00° 31'41" W 1133.41 feet, along the East right-of-way line of said Hammond Street and the West boundary line of said Tract Il, to a 3/8" iron rod found at the Northwest corner of said Tract ll; THENCE N 89° 18'49" E 365.29 feet, along the North boundary line of said Tract II, to a '/Z" iron rod found at the Southwest corner of the aforesaid tract of land conveyed to the City of Coppell by the deed recorded in County Clerk's File No. 200700802 of the Deed Records of Dallas County, Texas; THENCE N 00° 40' 12" W 219.96 feet, along the West boundary line of said City of Coppell Tract to a YZ" iron rod found at the Northwest corner thereof, lying in the South right-of-way line of Bethel Road; THENCE N 89" 19'58" E 186.10 feet, along the South right-of-way line of said Bethel Road, and the North boundary line of said City of Coppell Tract, and also the North boundary line of the aforesaid tract of land conveyed to the City of Coppell by the deed recorded in County Clerk's File No. 200900282446 to a Yz" iron rod found at the Northeast corner thereof, lying in the most Easterly West boundary line of aforesaid Tract II; THENCE N 00° 40' 12" W 4.64 feet, along the most Easterly West boundary line of said Tract ll, to a ''/2" iron rod found at the most Northerly Northwest corner thereof, lying in the South right-of-way line of aforesaid Bethel Road; THENCE N 89" 44'28- E 151.00 feet, along the most Northerly North boundary line of said Tract Il, and the South right-of-way line of said Bethel Road, to a YZ' iron rod found at the most Northerly Northeast corner of said Tract II; THENCE S 00° 59' 19" E 7.78 feet, along the most Westerly East boundary line of said Tract II to aY2" iron rod marked "Brittain & Crawford", set; THENCE S 01° 46'57" E 371.27 feet, along the most Westerly East boundary line of said Tract II to a''/z" iron rod found; THENCE N 88° 12'07" E 145.09 feet, along the most Southerly North boundary line of said Tract II to a 'h" iron rod set at the most Easterly Northeast corner of said Tract II, lying in the West right-of-way line of aforesaid Coppell Road South; THENCE S 01' 50'07" E 922.31 feet, along the East boundary line of said Tract II, and the West right-of-way line of said Coppell Road South to the POINT OF BEGINNING containing 23.118 acres of land. EXHIBIT 'A' CONCEPTUAL SITE PLAN Plyued IhW lAlr Pel6h{ TOW PrYiYO Pnwiltl TNY Is6lhe Mil. MOwI PridM Pm Hmr Nm! 25ePry: 110 11 % IN 11M Reta0 20,300 W 0. lyre: 200 101 N b 101 !. Pmhowrl N,160 e4l. Iyrs: 100 162 76 (SI a3 t6 163 O�<e p.l. Kptlwi4 0.uugm 20,000p 0. lepeee: 100 300 t0 errd IOD 0 ! trN: — — Sl6 11g lR PARKING CALCULATION NOTES 11<N puWp Ruu m Buwu Soca wee uN aced u the W<Wwiwu. u 0w<c wY h uud kr a0er hrwavu vn0un Uc H Du0wt u �rcuug thv pekrg ugwemem PW enu.1 ICI uuY hnlap u • uelmm. I(ao. pW veu l5 h C6 w01 h uW Nr paling. ura(Ihc PnMue m<Y 6:.cbpunw0icW odcee nue wu ml urle6e6 in Os kW.n.nu nwv.N�y ubw�..,..nhi•,��u.hw<w<a nn m<<e.n ean,r<IWet. enu� nlrwn.d Ih..I.W.hn�w ane ANY hr pruxded �o d<mmv0u<Pukx3 +6Wu<cY - � W<rty< B 1.)i+Pp WPSl,D0.Rh00N3 ARE 5'X4 2) ALL PARAINOSP.ACE6 ARE 4 X It' I M1, W