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OR 91500-A-582 PD-214R5-CAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500 -A -582 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- 214R2 -C (PLANNED DEVELOPMENT -214 REVISION 2- COMMERCIAL) TO PD- 214R5 -C (PLANNED DEVELOPMENT -214 REVISION 5- COMMERCIAL) TO ATTACH A DETAIL PLAN TO ALLOW THE DEVELOPMENT OF AN APPROXIMATE 11,000 - SQUARE- FOOT RETAIL BUILDING TO CONTAIN RETAIL AND OFFICE USES AND TWO RESTAURANTS ON 1.5 ACRES OF PROPERTY, PROPERTY LOCATED AT 143 SOUTH DENTON TAP ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, TREE SURVEY, LANDSCAPE PLAN, BUILDING ELEVATIONS, SIGNAGE, AND DUMPSTER/ MONUMENT SIGN ELEVATIONS, ATTACHED HERETO AS EXHIBITS `B", "C", "D" "E", "F" AND "G" , RESPECTIVELY; 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- 214R5 -C 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- 21482 -C (Planned Development -214 Revision 2- Commercial) to PD- 214R5 -C (Planned Development -214 Revision 5- Commercial) to attach a Detail Plan to allow the development of an approximate 11,000- square -foot retail 1 TM 54778 building to contain retail and office uses including two restaurants on 1.5 acres of property located at 143 South Denton Tap Road, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes, subject to the development regulations. SECTION 2. That PD- 214R5 -C is hereby approved subject to the following development regulations: A) Except as amended herein and as provided in this Ordinance, the property shall be developed in accordance with commercial zoned property as set forth in Ordinance 91500 -A -474 which is incorporated herein as set forth in full and hereby republished. B) Office, Retail and two sit down restaurants are permitted within this PD. The restaurant at the north end of the building shall be allowed a 300 square foot patio, and the restaurant at the southern end shall be allowed a 200 square foot patio. C) The following variances to the Landscape Ordinance are hereby approved as indicated on the Site and Landscape Plans attached as Exhibits `B" and "D" respectively: D) All attached signage for this planned development district shall conform to the following: 1. North Elevation: a. 46.8 Square feet of sign. b. White lettering with black trim. c. Logo with company colors which can be no larger than forty percent (40) of total signage in D. (1)(a) of this ordinance. 2. South Elevation: a. 50 Square feet of sign. b. White lettering with black trim c. Logo with company colors which can be no larger than forty percent (40) of total signage in D. (1)(a) of this ordinance. 2 TM 54778 3. East Elevation: a. One blade sign per tenant not to exceed fifteen (15) square feet. i. May include company logo and colors. ii. Shall be attached perpendicular to the east facade for all tenants except the northernmost and southernmost tenants. iii. The northernmost tenant blade signage shall be perpendicular to the northern facade. iv. The southernmost tenant blade signage shall be attached at a 45 degree angle from the southeast building corner b. All other attached signage shall be limited in accordance with the Article 29, Chapter 12 of the Code of Ordinance, except that the corporate logo of any signage may compromise up to forty (40) percent of any allowed signage on this elevation. 4. West Elevation: None, except safety signage or emergency exit notification in accordance with adopted building codes. E) Dumpsters shall not be emptied prior to 7:30 a.m. F) Deliveries shall only occur between the hours of 7:00 a.m. and 11:00 a.m. Monday through Saturday; and, no Sunday deliveries before 12:00 p.m. and no later than 6:00 p.m.. G) Access to doors on the Westside (rear) of the building shall be limited to employees and emergency access only and not for public access. H) A Tree removal permit and mitigation as established under the Code of Ordinances of the City of Coppell will be required prior to the removal of any trees from this site, except as may be amended in Section 3 of this ordinance. I) In the event the sewer line along the west property line is in need of repair the owner is responsible for removal and replacement of trees adjacent to the line. In the event the sewer line is damaged due to 3 TM 54778 tree growth the owner is responsible for the cost of the repair to the sewer line. SECTION 3. That Site Plan, Tree Survey, Landscape Plan, Building Elevations, Signage and dumpster/ Monument Sign Elevations attached hereto as Exhibits `B ", "C ", "D ", "E ", "F ", and "G" and made a part hereof for all purposes, 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 the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. 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 7. 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 8. 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. 4 TM 54778 SECTION 9. 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 10. 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 O - day of , 2012. AP ROV D: DOUGLAS . STO ,MAYOR �10 TWO RIM-1 .� •. ATTEST: CHRISTEL PETTINOS, CITY SECRETARY TM 54778 LEGAL DESCRIPTION 1.510 Acres Being all that certain lot, tract or parcel of land situated in the Edward A. Crow Survey, Abstract No. 301, in the City of Coppell, Dallas County, Texas, and being all of Lot 4112, Block A of Arbor Manors an addition to the City of Coppell, Dallas County, Texas, according to the plat thereof recorded in Document No. 201000282121, of the Map Records of Dallas County, Texas, and being more particularly described as follows: BEGINNING at an " +" found in concrete at the most easterly northeast corner of said Lot 4112, same being in the westerly monumented line of Denton Tap Road (called 120' ROW), said point also being the southeast corner of that certain called 0.7001 acre tract of land described by deed to KFC National Company, as recorded in Vol. 89121, Pg. 2082, of the Deed Records of Dallas County, Texas; THENCE S 02 °37'34" E, 181.66 feet along the westerly monumented line of Denton Tap Road, and the east line of said Lot 4112, to a Y:" rebar with a plastic cap stamped "DAA" found at the point of curvature of a curve to the right; THENCE along the west line of Denton Tap Road, and the east line of Lot 4132 with the arc of said curve having a radius of 5668.85 feet, a central angle of 01 °35'20 ", whose chord bears S 01 °58'31" E, 157.19', and an arc length of 157.19 feet to a Y2" capped rebar set stamped "G &A" at the southeast corner of Lot 4112, and the northeast corner of Lot 4111, Block A of Arbor Manors, as recorded in Document No. 201000282121, of the Map Records of Dallas County, Texas, said point also being in the westerly monumented line of Denton Tap Road; THENCE S 89 °30'31" W, 199.76 feet to an " +" found in concrete at the southwest corner of Lot 4112, and the northwest corner of Lot 4R1, said point also being on the east boundary line of Lot 22, Block A of Arbor Manors, an addition to the City of Coppell, Dallas County, Texas, according to the plat thereof recorded in Document No. 20080314835; THENCE N 00 °29'29" W, 382.76 feet along the easterly line of Lots 22 -18, Block A, of said Arbor Manors, to an " +" found in concrete at the northwest corner of said Lot 4112, same being an angle point in Lot 18, Block A, Arbor Manors, and said corner also being in the westerly line of said KFC National Company tract; THENCE along the common line between said KFC National Company Tract and said Lot 4112, Block A, the following courses and distances: S 32 °39'58" E, 16.30 feet to a YZ" rebar with a plastic cap stamped "DAA" found at an angle point in the west line of said KFC National Company Tract, same being the north northeast corner of Lot 4112; S 02 °40'20" E, 37.13 feet to a Y:" rebar with a plastic cap stamped "RPLS 5686" found at the southwest corner of said KFC National Company Tract; N 87 °19'40" E, 178.96 feet to the POINT OF BEGINNING and containing approximately 1.510 acres of land. EXHIBIT "A" o�nn�2�i96v��2 ?��3i4 n„n o a °s�8 � 9 A e��%Qq a ° � e e¢gaga / 9- 2d7 9% mAO�ip RQn a'NB W Wa � 111I j{f' I�[�` 111I 'I �B �� 3���a 1I l I I i I 8oN I ° I, mo a3 8 � — 3 3 8 �" -any ', I y � 'I �F I �,� • �I 1 I v • ��a e„ '%�` 8 t � 0 8 t 6 ® ® � °r x C� I H I �S ° °° e9 8 { I °'T S° ° g� P 51 PH "a - y'e •1 I 2 i — - ° B& y� i' mEo ARBOR MANORS RETAIL CENTER Lot 4R2R Blopk A ARBOR MANORS mwamlc a.ara�mc wmrc CONSULTANTS. INC. mCn9 S(TE PLAN 1510 A�ols9 ulo.>dmo u.mrue..u®cxve EDWARD A CHOW SURVEY. ASUrR CT NQ 901 CRY OF COPRFII DALLAS COUMY. TEAS °s_e3 o o a °s�8 � a ° � e e¢gaga freo a a'NB W Wa � �� 3 3���a 8 � — 3 3 8 �" 8 t � 0 8 t 6 ® ® � G) W W F— qvm A.Moo WTW MY >lNJ.61F1.��•i0l¢1�II.KI�WC401M .Nna.s;i•wnr.,.•�In,N1.,.r,Nx1x TT3ddOO40"D 101 ON 12VM 9V A3W6 M W V OINMm 'CHI SLNVL711SIQ0� SUONM HOGUV SmaK aveo am.vx0 v VON %mv 40-1 H31N30 lIV13H SHONVW HOSHV G) W W F— Amens amu s O 4 s ho q c 5 �I. R y Ip i 11 11 11 111111111 IN 11111111 1• 1 _ IJ■�i s EXHIBIT "C" l iii R Rio III loi s9 1 A c c 10 c 1 101 o oil cc 0 0110101 1• 1 _ IJ■�i s EXHIBIT "C" EXHIBIT "C" ioo s'ga 38 �8�3'F 3� 3 'ae O aZ� 834 8�g9 s °sae 14ij-.41,1113-19i t , �8� o °.Yag;P d -4 la 1 99 q3 y i a� ti9 •�CF �Ai da °� tkl;Ya °qk "age Ya =oi4 j7 a l fla -34` CL 3aso sa4 =8� Is.- 5, j ai°i o q�'g 4.4 yo" gg ave a a; i aaa #95 n8e A� yy a3.° ik �� K B a 3v '• k q x 8 I GNI — �i4 ' -'4Z� � �iIR�1�Fa�' .e �D 9�• �� / I �I�ii! ►� LL` IVic�l� DENTON (CALLED 121Y ROW) g Jippzg dg • i T� � [ rH i 4 � 0 NUA•.IN•YAUNWT AsV.mf6 {papWAWI I��i MWtlls►I, U�sN:ra naAaa gW x9s + i0• �O O '�1 I [y � � F ioo s'ga 38 �8�3'F 3� 3 'ae O aZ� 834 8�g9 s °sae 14ij-.41,1113-19i t , �8� o °.Yag;P d -4 la 1 99 q3 y i a� ti9 •�CF �Ai da °� tkl;Ya °qk "age Ya =oi4 j7 a l fla -34` CL 3aso sa4 =8� Is.- 5, j ai°i o q�'g 4.4 yo" gg ave a a; i aaa #95 n8e A� yy a3.° ik �� K B a 3v '• k q x 8 I GNI — �i4 ' -'4Z� � �iIR�1�Fa�' .e �D 9�• �� / I �I�ii! ►� LL` IVic�l� DENTON (CALLED 121Y ROW) g Jippzg dg • i T� � [ rH i 4 � 0 NUA•.IN•YAUNWT AsV.mf6 {papWAWI I��i MWtlls►I, U�sN:ra naAaa ,rte j z S s 5 s - ARBOR MANORS RETAIL CENTER Lot 4R2R Book A m.uiam ava.nm® rumeao ARBOR O 9 ; LANDSCAPE PLAN MANORS CONSULTANTS, INC. s EDWARD A CHOW SIFNEY, ABSTRACT HO 901 CRY OF GOPPELL omit or.or•w. o.r+n�.nawma••maw DALLAS COUNTY. TEXAS EXHIBIT "D" gW x9s + I [y � � F Sol fill✓i tRRRRRR li -- a9554YRL�itlMMy;,sasss a sraa�� — ccecsecc�ecstTYYttt b aaaaaaaaaaaaa������ �S' �8 � gai a 9 qtl ^� air of s t' Sy'By Jill 39�m 3 in "•s9 •3Y3�a!, p °pasa j� F ?S iIj; Eli °N,.$� wig ar °a. S •� $ Y Y � u � qN e 9 i 4g g1 9 eV a ,rte j z S s 5 s - ARBOR MANORS RETAIL CENTER Lot 4R2R Book A m.uiam ava.nm® rumeao ARBOR O 9 ; LANDSCAPE PLAN MANORS CONSULTANTS, INC. s EDWARD A CHOW SIFNEY, ABSTRACT HO 901 CRY OF GOPPELL omit or.or•w. o.r+n�.nawma••maw DALLAS COUNTY. TEXAS EXHIBIT "D" Ix w F- z w v a w Ir w w O z a z O m K V= Z� N R 3 8 �W �u Va z� w W z W U J Q W Ix N of O z Q O m Q R x 3 0 v EXHIBIT v w w F z w O J < H w y rc O z oc O m K V= H R a .. 3 u E 4 R Z O ~ Z O � < Z O F id w w i w � O N O rr cl O a d� E .. i �i E 5.4,x..... EXHIBIT v w w F z w O J < H w y rc O z oc O m K V= H R a .. 3 u