Loading...
OR 91500-A-618 Text Amendment AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-618 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE ZONING ORDINANCE NO. 91500, BY AMENDING CHAPTER 12, SEC. 12-27 “PD” PLANNED DEVELOPMENT DISTRICT TO PROVIDE PLANNING AND ZONING COMMISSION APPROVAL AUTHORTY FOR DETAIL SITE PLAN APPROVAL WHEN COMPLIANT WITH CONCEPT PLAN AS PROVIDED IN THIS SECTION, TO DELETE SPECIFICATIONS FOR SINGLE FAMILY DEVELOPMENTS, TO ESTABLISH THE DEVELOPMENT ASSISTANCE COMMITTEE; TO DELETE THE REQUIREMENT TO SUBMIT A DETAIL PLAN WITHIN 6 MONTHS OF APPROVAL PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Ordinance No. 91500 of the City of Coppell, Texas as heretofore amended be and the same is hereby amended by repealing Section 12-27 “PD” Planned Development District with a new Section 12-27 to read as follows: Chapter 12 “ Article 27, Section 12 “PD” Planned Development District” Sec. 12-27-0. - General purpose and description. The planned development district "PD" prefix is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations, and to permit growth flexibility in the use and design of land and buildings in situations where modification of special provisions of this chapter is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the neighborhood. A PD district may be used to permit new and innovative concepts in land utilization. Page 1 TM 60107 While great flexibility is given to provide special restrictions which will allow development not otherwise permitted, procedures are established herein to ensure against misuse of the increased flexibility. Sec. 12-27-1. - Permitted uses. Any use shall be permitted if such use is specified in the chapter granting a planned development district. The size, location, appearance, and method of operation may be specified to the extent necessary to insure compliance with the purpose of this chapter. The board of adjustment shall have no authority in PD zoning districts to grant variances, except it shall have jurisdiction in a residential PD zoning district to grant variances relative to the placement of fences. Pre-application conference. Prior to the filing of a planned development application, the applicant is encouraged to consult with the Development Assistance to discuss concerns relating to the ultimate land use of the proposed Committee (DAC) development, the suitability of the location of the proposed development, the arrangement of streets, alley and lots, and the layout of utility lines, among other items. The Development Assistance Committee provides technical assistance early in the due diligence process. Depending on the type of project, the following departments will be represented: Planning, Engineering, Building Inspection, Fire Administration and Environmental Health. A determination if the proposed land uses are in accordance with the Comprehensive Plan will be made by the Planning Director or designee prior to the submittal of a planned development application. Development requirements: 1.Development requirements for each separate PD district shall be set forth in the Ordinance granting the PD district and may include, but not be limited to; uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, home owner/property owner associations, and other requirements as the city council and planning and zoning commission may deem appropriate. 2.The Ordinance granting a PD district may include a statement as to the purpose and intent of the PD granted therein and specify if it is a Conceptual or a Detail Planned Development District. 3.In establishing a planned development district in accordance with this section, the city council shall approve and file as part of the amending Page 2 TM 60107 Ordinance appropriate plans and standards for each planned development district. During the review and public hearing process, the planning and zoning commission and city council shall require a Conceptual Plan and/or a Detail Site Plan. 4.If a Conceptual PD, then the Ordinance granting the PD shall also define the approval process for Detail Plans. 5.The planned development district shall conform to all other sections of this chapter unless specifically excluded in the granting ordinance. 6.All applications shall state all requested deviations from the standard requirements set forth throughout this chapter and must be indicated in written form and on the face of the zoning exhibit/site plan. Sec. 12-27-2. - Conceptual plan. 1.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. (A)A conceptual plan for residential land use shall show general use, thoroughfares and preliminary lot arrangements. For residential development which does not propose 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. (B)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 area, physical features of the site, existing streets, alleys and easements, location of future public facilities, building height and location, 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 detail site plan. Page 3 TM 60107 Once the concept plan has been approved by the Planning and Zoning Commission and the City Council a detail site plan shall be approved in the manner specified in the Ordinance prior to the issuance of a building permit. (C)Changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, building height or coverage of the site, or which do not decrease the off-street parking ratio or reduce the yards provided at the boundary of the site or does not significantly alter the landscape plans as indicated on the approved conceptual plan may be authorized by the Planning Director or designee. 2.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, if submitted, and development regulations. Approval of the detail site plan shall be the basis for issuance of a building permit. The detail site plan may be submitted for the total area of the PD or for any section or part as approved on the conceptual plan. 1)A detail site plan may be approved by the Director of Planning after DRC review, if in compliance with the Concept Plan. 2)In the event the Planning Director determines that the Detail Plan is not in accordance with the Concept Plan, the applicant shall: (1) revise the Detail Site Plan to conform with the Conceptual Planned Development District, or (2) revise the Conceptual Planned Development District. Revisions to the Conceptual Planned Development District shall require the same public hearing process as originally established the Planned Development. 3.A public hearing for the detail site plan shall be required only if specifically stated at the time of conceptual plan approval in the original amending ordinance or if the developer elects not to submit a concept plan. A public hearing for the detail site plan shall also be required if no concept plan is submitted, or if the Detail Plan is not in accordance with the approved concept plan. Page 4 TM 60107 The detail site plan shall include: (A)A site inventory analysis including a scale drawing showing existing vegetation, natural water courses, creeks or bodies of water and an analysis of planned changes in such natural features as a result of the development. This should include a delineation of any flood plain areas. (B) A scale drawing showing any proposed public or private streets and alleys; building sites or lots; and areas reserved as parks, parkways, playgrounds, utility easements, school sites, street widening and street changes; the points of ingress and egress from existing streets; general location and description of existing and proposed utility services, including size of water and sewer mains; the location and width for all curb cuts and the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with a topographical contour interval of not more than five feet. (C)A site plan for proposed building complexes showing the location of separate buildings and the minimum distance between buildings, and between buildings and property lines, street lines and alley lines. Also to be included on the site plan is a plan showing the arrangement and provision of off-street parking. (D)A Tree Survey and Mitigation Plan as specified in Article 34-2, , Chapter 12 of the Code of Ordinances, as amended . (E)A landscape plan showing screening walls, ornamental planting, wooded areas and trees to be planted. The landscaping plan shall conform to the minimum standards established in Article 34, Chapter 12 of the Code of Ordinances, as amended and in the approved Coppell Streetscape Plan. (F)An architectural plan showing elevations and signage style to be used throughout the development in all districts except residential. (G)Any or all of the required information may be incorporated on a single drawing if one drawing is clear and can be evaluated by the director of planning. 4. All detail site plans shall have supplemental data describing standards, schedules or other data pertinent to the development of the planned development district which is to be included in the text of the amending Ordinance. Page 5 TM 60107 Procedure for establishing a planned development district shall follow the procedure for zoning amendments as set forth in article 44, of Chapter 12, Code of Ordinances, as amended. This procedure is further expanded as follows for approval of conceptual and detail site plans. (A)Public hearings shall be held by the planning and zoning commission and city council for the approval of the conceptual plan or any amendment to the Planned Development Ordinance. (B)The Ordinance establishing the planned development district shall not be approved until the conceptual or detail site plan is approved. 1)The detail site plan may be approved in sections. When the plan is approved in sections, the separate approvals by the planning and zoning commission and city council for the initial and subsequent sections may be required. Detail site plan review The purpose of the site plan review is to ensure, prior to issuance of building permits that all city requirements have been or will be met, including compliance with zoning, subdivision, landscape, streetscape and building regulations. No building permit shall be issued on any tract of land unless a detail site plan is approved by the Director of Planning, the Planning and Zoning Commission and/or City Council as appropriate. No certificate of occupancy shall be issued unless all construction and development conform to the approved detail site plan. Any major revision to an approved detail site plan which is not in conformance with the approved Concept Plan must be approved by the city council, however, minor revisions may be permitted upon approval by the Director of Planning or his designee. The Director of Planning shall make the determination as to whether a revision is a minor or major revision. Sec. 12-27-3. - PD consideration. When a PD is being considered, a written report from the city manager or his designee discussing the conformance with the Comprehensive Plan impact on planning, engineering, various utilities and traffic, and written comments from the applicable public school district, and from private utilities may be submitted to the Planning and Zoning Commission prior to the commission making any recommendations to the council. Sec. 12-27-4. - Approval of PD districts. All planned development districts approved in accordance with provisions of this ordinance in its original form, or by subsequent amendments thereto, shall be referenced Page 6 TM 60107 on the zoning districts map, and a list of such planned development districts, together with the category of uses permitted therein, shall be maintained in the pl anning office.” SECTION 2. That all ordinances and 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 3 . That should any word, phrase, paragraph, section or portion of this ordinance, or of the Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or of the Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. That any person, firm or corporation violating any of the provisions of this ordinance or of the ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Coppell, Texas, shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day said violation is continued shall constitute a separate offense. SECTION 6 . That this ordinance shall become effective immediately from and after its passage and publication of the caption as the law and charter in such cases provide. Page 7 TM 60107 DULY PASSED by the City Council of the City of Coppell, Texas, this the day of -A , 2013 APP VEK7 MELBO H T AT PEST: CHRISTEL PETTINOS, CITY SECRETARY APPROV A' T• F9 ' . ROBERT E. HAGER, Gr Y ATTORNEY Page 8 TM 60107