Gunner Sub-CS 971028AN ORDINANCE OF ~ CITY OF COPPELL, TEXAS
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPI~m~NSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HF~RETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM "IA" (LIGHT INDUSTRIAL)
TO -PD-MI~ (PLANNED DEV~JOPMENT MULTI-FAMILY
RESIDENTIAL) TO ALLOW A 600-UNIT APARTMENT COMPLrX ON
PROPERTY D~ED IN EXHIBIT "A", ATTACHED HERETO;
PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE
APPROVAL OF ~ SITE PLAN, CONCEPTUAL ELEVATIONS A,
CONCEPTUAL F_J~VATIONS B, CONCEPTUAL LANDSCAPE PLAN L1
AND CON--AL LANDSCAPE PLAN L2 ATFACHED I~ERETO AS
EXHIBrI~ "B', "C", "D", ~E" AND "F~, RESPECTIVELY; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABIIATY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLIARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WI~REAS, the City Plannin~ and Zonin~ Comwis_sion and the governing body of the City of
Coppell, T~xas, in compliam~e with the hws ofthe Stale of Texas and pursuant to the C°mpr~
Zoning Ordinance of the City of Coppell, have given requisite notice~ by publication and o~
and ~ holding due hearings and affording a full and fair hearing to all property owners genera]b], and
to all persons interested and situated h~ the affected area and h~ the vicinity thereo~ 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 ~ CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zonin~ Ordinance and Map of the City of Coppe~
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 l~om "LI" (Light Industrial) to '?D-MF"
(Planned Development - Multi-Family Residential) on property descn~oed in Exh~oit "A", attached
hereto and made a part hereof for all purposes.
I ssl~
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 Lan~ Plan L1
and Conceptual ~ Plan L2 attached hereto as Exhib~ "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-Fam~ 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 consUucted during the first phase and the remahfing
units shall not be consUucted until the phase I units are at least seventy-live percent
(75%) occupied. The property owner or the authorized agent shall submit proof
satisfactory to the City Manager that the first 4OO units are seventy-fiv~ percent (75%)
occupied prior to the issuance of any building permits for develoInnent 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-live (75%) of the phase 1
multi-family units are occupied. No building permit or other approval for the second
(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) apa, u,~t units per acre as shown on the Detail Site Plan attached
as Exhibit "B";
At least ten percent (10%) of each phase of development or collectively three (3) 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 Plnn attached hereto as Exh'bit "B";
At least two (2) parking spaces per apartment unit shall be provided;
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 alter the
adoption of this ordinance, in accordance with that certain Agreement by and among
Partners, IV., L.P., the City of Coppea, Texas, Tom Morton as Mayor of thz City of
Coppe~, Gary L. Sieb as Director of Planning and Co~ Se~ice~ the City
Council, and the Planning and Zoning Commission, in their official capacities and dated
May 2O, 1997;
The City shall waive development fees consisting of water, 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 ai~h~,ent units constmctzd for phase 1
for a period of two (2) years alter the date of adoption of this ordinance. The City
does not waive any development fees associated with the consuuction and
development of the remaining 200 apartment units of the multi-family phase 2
development, in accordance with that certain Asreement by and among CED
Construction, Inc., CED Capital Holdings l]I, Ltd., Dallas Area Affordable Parmers,
IV., L.P., the City of Coppell, Texas, Tom Morton as Mayor of the City of Coppell,
~ L. Sieb as Director of Planning and Community Service~ the City Council, and
the Planning and Zoning Con-a~_~on, in their official capacitie~ and dated May 20,
The property owner will pay for the cost for two (2) light standards to be erected in the
on the Detail Site Plan attached as Exhibit
The property owner will re/mburso the City for oho-third (~/~) of~he cost of an o/r~
traffic si~nali2ation pumumt to a ~)ar~ agreement ~ ~ City approved by the
City Council on October 14, 1997;
The color of the majority of the exterior brick for ~ mulli-fam/y unit~ consmu~
duri~ phas~ 1 ~ be ~ubstanfially similar to Acme Sandpiper H~. The color of
the "accel' exterior brick for phase 1 ~ be ~ ~ to Acme Silver
King~. The color of the phase 1 root' material shall be substantially similar to Elk
Antique Slate. The exterior paint color for pha,~ 1 siding shall be ~ubstantiaily similar
to Sandbar Sherwin Wdliams 2073. The exterior paint accent color for phase 1 shall be
substantially similar to Copper Nail Sherwin V~uns 2315. The exterior paint color
for phase 1 fada trim shall bo ~ ~lar to Rocky Coast S~ W-~m~s
2001.
The color of the exterior brick for ~he multi-fan~ units consUucted during phase 2
shall be substantially similar to Acme Quorum. The phase 2 roof material shall be
mbstantially similar to Weathered Wood composition shingle. The exterior paint
colors for phase 2 siding shall be substantially similar to Sandbar Sherwin W'flliams
2073. The exterior "accenf' color for phase 2 shall be substantially similar to Dense
Forest Sherwin W'flliams 2259. The exterior paint color for phase 2 facia trim shall be
substantially similar to Rocky Coast Sherwin W'dliams 2001.
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
BeltlineRoad. The 10 foot widehike and bike Uall along tbe western edge ofthePD-
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 mulfi-~ development (across from the
western edge of Fairway Ddve~!. 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 BeltlineRoad. The extension ofthe 20 foot easement ~the 10 foot hikeand
bike trail is to be shown on the Detail Site Plan attached as Exhl'oit "B' and must be
shown on the approved final plat.
The pwperty owner shall dedicate to the City a fffieen (15) foot wide easement in
which will be located a ten (10) foot wide hike and bike Wail. The property owner shall
construct the trail according to City specifi~o~ however all or any portion of the
wail may be constructed using decorative brick pavers meeting City specifications as
shown on the Detail Site Plan attached hereto as Exhl~oit "B". The City will maintain
the easement and the hike and bike trial after its construction and acceptance by the
C y.
Building heights shall be in accordance with the table shown on the Elevation Plan
attached hereto as Exlu'bit "C". Buildings 2 and 27 as shown on the Detail Site Plan,
shall be two-sto~. Buildings 5 and 38 as shown on the Detail Site Plan shall be three-
story.
SECTION 3.
SECTION 4. That the above property shall be used only in the mann~ and for the purpose
provided for by the Comprehemive Zoning Ordinance of the City of Coppea, as heretofore ammded,
and as amended here~
SECTION 5. That all provisions of the Comprehem/ve Zonin~ Ordinance of the City of
Coppell, Texas, in conflict with the provisions of this ordinance be, and the s~ne are hereby, repealed,
and all other provisions not in conflict with the provisions of this ordinance shall remain in full force
sECrlON 6. That should any senten~ paragraph, subdivisior~ chuse, ~ 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 Comprehen.~e Zonin~
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 w'olating 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 af~ its passage and
the publication of its caption, as the law and charter in such cases provide.
~.~v ~xssr~ by ~ City Counc~ of~ c~y of Coppen, vex~ t~ the ~'/~ ~y of
,,997.
APPROVED AS TO FORM:
PETER G. SMITH, CITY ATTORNEY
CANI~Y S~ :I~, E.~AYO~.' -
ATTEST:
7
PROPERTY DESCRIPTION
BEING a wact of land out of the Singleton Thompson Survey, Abstract No. 1493, in the City of CoppeU, Dallas County,
Texas, embracing portions of the 42.280 acre tract of land described in the deed to WHRB Real F,,~tate Limited
Partnership recorded in Volume 95208, Pa~e 2985 of the Dallas County Deed Records, bein~ bounded on the noflh by
Belt Line Road, a 120 feet wide right of way described in the Right of Way Deeds to the County of Dallas reco.rded in
Volume 5139, Pqes 45 and 55 of said deed records, and being more particularly described as follows:
COMId~NCING at a 1/9. inch iron rod found in the south right of way line of said Belt La_ne Road
for the northwest corner of said WHRB Real Estate {Jmtted Partner·hip tract, said pointbe~arm
South 8ff'4242'3~* 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, ae eho~rn on the plat recorded in Volume 94087, 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 WHRB Real Estate Lixnited Partnerlhip, a distance of 500.43 feet to a 1/2
~ch iron rod s~ for the POINT OF BEGINNING.
THENCE South 8~'42'35' East, along the south right of way line of said Belt rJn~ Road, a distance of 900.46 feet to a
1/2" iron rod set for point, said point also bein~ the b~,innin_e of a curve.
THXNCE aionf the east line of said WHRB Real Estate Limited Partnership and the west line or
said KI(R Investments, Inc. tract, in southeasterly_ direction aionf a curve to the left having ·
radius of 1515.00 feet, a central angle of 40'42'480, an arc length of 1235.17 feet and a chord
which bears South 19'08'46' East, a chord distance of 1201.24 feet to a I/2' iron rod set for
point;
THENCE South 41'28'10' 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 Lindted Partnership and the
west line of said KKR investments, inc. tract, in · sou..t~.wee_terly direction along said curve to the
rieht having a radius of 75.00 , a central angle of 138 59'08', mn arc length of 178.00 feet,
and a chord which bears South 24'27'I1' West, · 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 Fatete 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 LiJxtited Partnership and the north line
of said Grapevine Creek, in a northwesterly .dire?t~o.n___aio_.n~ a curve to the right having a radiu~ of
1493.00 feet, a cenu~l an~le of ~0°3~'15', and an arc ien~ of ?~7.04 feet, to a 1/2 inch iron ~d round for point at the
~;d of said curve.
THIIqCE continuing along the south line o,r, s_ald WHRB Real Estate Limited Partnership. and the
north tine of Grapevine Creek, North $7'55 32' West, · distance of 305.17 feet to · 6/8 inch
iron rod found for the southwest corner of said WHRB Real Estate Lintited Partnership trmcL
THENCE North 00'01'03' West, along the west line of said WHRB Reel Estate Limited
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, · distance of 400.00 feet to the POINT OF BEGINWING
and con.inane 1645171.5686 square feet or 37.7679 Acres of Lud.
EXHIBIT "A"
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EXHIBIT "Bt'
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EXHIBIT "C"
EXHIBIT "D"
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N~HIBIT 'En
EXHZBI'T