ST9704-AG 990727 ' AGENDA REQ-.,JEST FORM
CITY COUNCIL MEETING: July 27, 1999 ITEM # ] /
I Ill
ITEM CAPTION:
Reconsider approval of an Ordinance for Case No. PD-178, Town Center West, zoning change request from
C (Commercial) to PD-C (Planned Development, Corninertial) to allow the dedication of Town Center West
Boulevard right-of-way and the development of commercial buildings on 4.7 acres of property located along
the west side of N. Denton Tap Road, approximately 280' north of North Texas Court, and authorizing the
Mayor to sign.
SUBMITrED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
Council unanimously granted this zoning change request on May 11, 1999.
On July 13th, Council approved the Ordinance as presented; then voted to reconsider this Ordinance when
changes were suggested.
Staff recommends approval.
CITY MANAGER REVIEW!',
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
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 "C" (COMMERCIAL) TO
"PD-C" (PLANNED DEVELOPMENT, COMMERCIAL) FOR THE
PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR A
CONCEPTUAL PLAN, LANDSCAPE PLAN, ACCESS ROAD PLAN, AND
DEVELOPMENT GUIDELINES ATTACHED HERETO AS EXHIBITS
"B", "C", "D", AND "E", RESPECTIVELY; 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 goveming 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-178
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 "C" (Commercial) to "PD-C"
(Planned Development, Commercial) for the property described in Exhibit "A" attached hereto and
made a part hereof for all purposes.
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SECTION 2. That the property shall be developed and used only in accordance with the
following development conditions and the Conceptual Plan, Landscape Plan, Access Road Plan,
and Development Guidelines attached hereto as Exhibits "B", "C", "D", and "E", respectively:
A. Except as modified herein the property shall be used and developed in
accordance with "C" Commercial District regulations.
B. No building permit or certificate of occupancy shall be issued for any
portion of the property until a Detail Site Plan is approved after public hearing by City
Council and Planning and Zoning Commission.
C. Minimum Size of Yards: Refer to the provisions of Exhibit "E".
D. Access to Denton Tap Road shall be determined at time of approval of the
detail site plan.
E. Proposed Town Center West Boulevard fight-of-way and ten (10') foot
sidewalk and utility easement as show~ on the Conceptual Plan shall be conveyed to the
City by separate instrument prior to the issuance of a building permit, plat approval or
Certificate of Occupancy for any portion of the property. Town Center West Boulevard as
shown on the conceptual plan shall be designed and constructed by the City at City cost,
provided the owner has dedicated the necessary Right-of-way to the City.
F. The City shall, during the consinaction of Town Center West Boulevard,
construct a sidewalk at City cost within the ten (10') foot utility easement as shown on the
conceptual plan, provided the owner has dedicated the necessary easement to the City.
Owner shall construct a 10' landscaped buffer, as shown on the conceptual plan, to be
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located between the existing Hunting Ridge Subdivision wall and Town Center West
Boulevard.
G. Owner shall install a third speed hump based on approved driveway spacing
as shown on the Conceptual Plan if it is determined to be feasible by City Engineer.
H. City, at City cost, shall construct a brick or stone retaining wall 12" to 18" in
height as approved by City Engineer on the north side of proposed Town Center West
Boulevard.
I. Conditioned on the prope~Xy being used, developed and maintained in
accordance with this ordinance and all applicable laws, the property will not be subject to
future street assessments (excluding roadway impact fees).
J. To assist in security and due to the shallow depth of the land, planting
islands may be up to twenty (20) parking spaces apart and plmnt matc, fial may be !imj!ed in,
lrdg,',,t ta ~:.'e!;'e (12) t,~
SECTION3. That the Conceptual Plan, Landscape Plan, Access Road Plan, and
Development Guidelines attached hereto as Exhibits "B", "C', "D" and "E", respectively, and
made a part hereof for all purposes, are hereby, approve&
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.
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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 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 govemed
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 fme 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 inimediately 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 ,1999.
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, INTERIM CITY SECRETLY
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(REH/cdb 7/22/99)
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: LKGAL DKS_f~I'PTION
BE/NO a ~-act of l~nd situated in the OcoDge W. Jack Survey, Abstract No. 694 in the
City of Coppelf, Dallas CoUnty, Texas and being part of a tract of land as conveyed to Glen A.
Hincldey and Joe C. I-finley by deed recorded in Volume 73201, Page 1722 of the Deed
Records of Dallas County, TeXas and being more particularly described as follows:
BEGINNING ~t a point of intersectlob of ~e west line of Denton Tap Road (a variable
width .(ri. ght-of-way) with the souffi line of I-Hgh School Access Road (a variable width right-of-
way), as dedicated by' the rec6rded plat of The Sonic Addition, an addition to the City of Coppell
as recorded in Volmne 94144, Page 23:>'3 of the Deed Records of Dallas County, Texas;
THBNCE S. 01°13'37'' E., 190.21 feet along the said west line of Denton Tap Road to a
point for comer;, : :
THENCE S. 88°39'00' W., 995.50 feet leaving the said west Hnc of Denton Tap Road,
and p~sing at'705_39 feet the northeast comer of Lot 2 in Block "A". of Denton Tap
Development, an addition to the City of Coppell as recorded in Volume 98118, Page 037 of the
Deed .Records of Dallas COunty, Texas,' to the-northwest ~omer of the said Denton Tap
Development, said point also being on the east line of Shadydale Acres Addition, an addition to
the City ofCoppell. as recorded in Volume 41, Page 71 of thc said Deed Records;
-THBNCE N. 00°22'16" W., 205.10 feet leaving the north line of said Denton Tap
DevelOpment, and running alongU the east line of said Shadydale Acres Addition to a point for
comer being on the said so .uth line of High School Access Road;
'.: . ~..THENCE along the.said south line of Higl~ School Access Road the following courses
and disiances: N. 88017'45" E., 702.56 feet'ton point for comer;,
iTI-IHNCE S. 01°4.2'18'' E.,'6.00'feet to a point f6r comer;,
THENCE N. 88o17'45" E., 274.92 feet to a point for comer;
:THENCE S. 46°20'2Y' E., 21.08 feet continuing along the said south line of High School
Access Road to the Point of Beginning and conta.;ni.ng 4.707 acres of'land.
~3:HIBIT
EXHIBIT "E"
PLANNED DEVELOPMENT DISTRICT NO. 178
General Purpose and Description: This Planned Development District is intended
predominately for "C" Commercial activities or uses of service nature which typically have
operating characteristics (limited outside or limited open storage) or traffic service requirements,
and to provide for flexibility of the design of buildings due to the long and narrow depth of the
property. All references herein to other sections or exhibits are referring to the City of Coppell
existing Zoning Ordinance as currently approved as of the date of this Planned Development
District, unless otherwise noted.
1. Use Regulations:
1. Any use permitted in existing "C" Commercial, "O" Office, and "R" Retail
Districts.
2. Hei_~ht Regulations: Thirty-five (35) feet nor more than two and one-half (2½) stories
high.
3. Area Regulations:
1. Minimum Size of Yards:
A) From Yard: Thirty (30) feet, with no from yard parking. If front yard parking
is milized, then the sixty (60) feet from yard setback shall be observed. However,
in the even that "Landscape Area A", as depicted on the conceptual site plan is
landscaped by the developer or property owner, then the building line adjacem to
Town Center West Boulevard may be reduced to twenty-five (25) feet, with no
from yard parking. If front yard parking is milized, then a fifty-five (55) foot
from yard setback shall be observed.
B) Side Yard: Thirty (30) feet; adjacem to South Property line fifteen (15) feet.
C) Rear Yard: Twenty (20) feet along the west property line and fifteen (15) feet
along the south property line.
2. Minimum Size of Lot:
A) Lot Area: None.
B) Lot Width: None.
C) Lot Depth: None.
City of Coppell Planned Development District # 178
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3. Lot Coverage: In no case shall more than forty (40%) percent of the lot area be
covered by buildings.
4. Floor Area Ratio: Maximum F.A.R. 1.0 to 1.
4. Parking Requirements: Off street parking requirements shall be provided in accordance
with Sections 23-4 and 31.
5. Type of Exterior Construction: construction shall comply with Section 23-5.
6. Landscape Requirement: Landscaped areas shall be provided according to Section 34
and the following modification. In the event that "Landscape Area A" as depicted on the
conceptual site plan is landscaped by the developer or property owner, then Section 34,
Landscaping Regulations will be modified. The following modifications to Section 34
shall apply.
Section 34 1-8 (B) Interior Landscaping. The area depicted on the conceptual site
plan "Landscape Area A" may be applied as a credit toward the interior
landscaping percentage test. However, if the aforementioned interior Landscape
credit is utilized, then the front yard building set back from thirty (30) feet to
twenty-five (25) feet shall not apply.
Section 34 1-9 (A) Landscaping Requirements for Non-Vehicular Open Space.
The area depicted on the conceptual site plan "Landscape Area A" may be applied
to the fifteen percent (15%) o'f that portion of the lot not covered by a building;
provided that this area has not been credited to the reduced front building line or
Section 34 1-8 (B) interior landscape.
7. Areas used for open storage shall comply with Section 23-7.
8. Driveway spacing shall be allowed generally as depicted on the conceptual site plan,
including a series of driveway openings.
9. One additional driveway shall be allowed to Denton Tap Road, generally near the
southeast comer of the property.
City of Coppell Planned Development District # 178
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