Corners Coppell-AG 860708The City With A Beautiful Future
P. O. Box 478
Coppell, Texas 75019
214-462 0022
CITY COUNCIL AGENDA REQUEST
AGENDA DATE REQUESTED: July 8, 1986
RECOMMENDED ITEM CAPTION:
Consider approval of an appeal on the denial of a "S.U.P." S~e~al Use
Permit for Pizza Hut of America, Inc. at the southeastern corner of
Sandy Lake Road and MacArthur Boulevard.
III. RECOMMENDATION OF PLANNING & ZONING COMMISSION:
IV. STAFF REPRESENTATIVE(S) TO ATTEND COUNCIL MEETING:
Ed Powell, City Engineer
V. RECOMMENDED TO BE DISCUSSED AT PRE-COUNCIL BRIEFING: YES[ ] NO[ ]
VI. SUPPORT MATERIAL: SUBMITTED: IX] DUE [ ]
VII. DATE SUBMITTED TO CITY ATTORNEY'S OFFICE FOR PREPARATION OF ANY
LEGAL DOCUMENT, ORDINANCE, RESOLUTION, ETC:
VIII.
IX.
FINANCIAL REVIEW:
BUDGETED ITEM
NON BUDGETED ITEM
[]
[ ]
ORIGINAL ESTIMATE OR BUDGET
CURRENT ESTIMATE: $
AMOUNT UNDER OR OVER BUDGET
SUBMITTED BY:
Ed Powell, City Engineer
APPROVAL OF CITY MANAGER'S OFFICE:
SOURCE OF FUNDING:
~O~$ FUNDS [ ]
OPERATING BUDGET [ ]
OTHER: [ ]
ACCT. N0.
HOLD
The City With A Beautiful Future
P. O. Box 478
Coppell, Texas 75019
214-462-0022
July 1, 1986
TO:
FROM:
Frank A. Proctor, Jr.
City Manager
Ed Powell '~/'-~
City Engineer~?~''~
SUBJECT:
Denial of Zoning Application #86-04-14
on June 24, 1986 (Pizza Hut of America, Inc.)
For your information, on Tuesday, June 24, 1986, the City Council denied
the Zoning Application for a Special Use Permit for Pizza Hut of
America, Inccorporated. This denial was based principally on the
requirement for a thirty (30) foot side yard setback. The site plan
indicated a 3.8 foot side yard setback, which does not normally comply
with our requirements.
Councilman Ware asked me what the standard side yard setback was for a
Retail (R) Zoning. My response was a minimum of thirty (30) feet.
Neither the owner, architect or myself stated that this development was
governed by a Planned Development "PD" Ordinance instead of our standard
zoning ordinances.
At the request of the owner, I reviewed the Planned Development "PD"
Ordinance the following day and found that it allowed a zero (0) side
yard set back for all internal lots. This project will be located on one
of the three internal lots included in the approved plat for the Corners
of Coppell Addition at the southeast corner of Sandy Lake Road and
MacArthur Boulevard.
In discussing this with the City Attorney, his legal opinion was that we
could re-submit this request back to the Council for reconsideration of
the motion made to deny this Special Use Permit "S.U.P.", since the
public hearings had been closed.
In attempting to be totally fair with the applicant in this matter, it
is my opinion that this application should be placed on the July 8, 1986
City Council agenda for their reconsideration.
EP - FP
NOTES
21.5
21.6
T~pe of Exterior Construction: Exterior wall construction in
districts permitting non-residential uses shall be of such
material that is required to conform with the City of Coppell
Building Code for the particular non-residential use or
occupancy involved. All structures shall be eighty (80%)
percent masonry exterior exclusive of doors and windows.
Class may be counted in place of masonry. Stucco type con-
struction is permitted be specific use permit only.
Landscape requirements: Landscaped areas shall be provided
according to Section 33.
SECTION 22
"E" ~LETAIL DISTRICT
General purpose and description: The "R" Retail District is
intended for neighborhood shopping facilities which provide limited
business service and office facilities predominate!y for the
convenience of residents of the community.
22.1
Use Regulations:
1. Any use permitted in :he "0" Office District.
Consumer Repair Services.
3. Personal services.
4. Pat services.'
Day nursery or day care centers.
Dry cleaning and laundry.
Other general retail sales of similar nature and charac-
ter provided that the business establishment is subject
to the following conditions:
(a) That it be conducued wholly within an enclosed
building.
~b)- That required yards no~ be used for display, sale or
s~orage or merchandise, or for the storage of
vehicles, equipment, containers or waste ma:erial~
(c) That all merchandise be first-hand and be sold at
retail on the premises.
(d) That such use not be objectionable because of odor,
excessive light, smoke, dust, noise, vibration or
similar nuisance.
37
22.2
22.3
$. Film developing and printing.
9. Fix-it shops for such items as bicycles and lawn mowers
but without outside storage.
10. Furniture stores.
11. Hardware store.
12. Printing shop or company (retail only).
13. Meat market (retail only).
14. Moving picture theatre (indoor).
15. Seed store.
]6. Veterinarian or animal hospital (no outside kennels).
17. Auto parts sales (new).
18. Community centers (public or private).
19. Museum.
20. College or university.
21. Uses permitted by Specific Use Permit according to
Section 28.8.
Height Regulations: No building shall exceed thirty-five (35)
feet or two and one-half (2~) stories in height.
Area Regulations:
1. Size of Yards:
(a)
Front Yard: Minimum required setback, thirty (30)
feet, with no front yard parking, tf front yard
parking is utilized, then sixty (60) feet front yard
shall be observed.
(b) Side Yard: (adjacent to a street or property line);
minimum required, thirty (30) feet.
(c) Side Yard: (interior): none
(d)
Rear Yard: Minimum required, ten (10) feet unless
adjacent to-a residential zoning district in which
case twenty (20) feet minimum be observed.
2. Side of lot:
(a) Lot Area: none
38
22.4
22.5
22.6
23.1
(b) Lot Width: none
(c) Lot De, th: none
3. Lot coverage: In nc case shall more than forty (40%)
percent of the lot area be covered by buildings.
Parkin~ Regulations: One (1) space per two hundred (200)
square feet of gross leaseable floor area or in accordance
with Section 30. In addition, no parking area shall be
allowed within ten (10) feet of the front property line or
within five (5) feet of the rear'property line.
Along existing or future divided arterials which have been
identified as pri=ary image zones in the Streetscape Plan, no
parking will be allowed within fifteen (15) feet of the
property line except under conditions specified in Section 33.
At all interaectlons, the no parking areas shall include a
nine (9) feet by nine (9) feet triangle whose sides coincide
with the ten (10) or fifteen (15) feet no parking lines
adjacent to the right-of-way lines. (See figure 13 of the
Coppe!l Streetacape Plan) These no parking areas shall be
landscaped in accordance with standards established in Section
33.
Type of Exterior Construc%io~: Exterior wall construction in
districts per~i:uing non-residential uses shall be of such
material that is required to conform with the City of Coppell
Building Code for the particular non-residential use or
occupancy or as approved by. City Council. All structures
shall be eighty (80%) percent masonry ~exterior exclusive of
doors and windows. Glass may be cou~ted in place of masonry.
Stucco type construction is permitted by specific use permit.
Landscape requirements: Landscaped areas shall be provided
according to Section 33.
SECTION 23
"C" CO~CT~L D%STRICT R~GULATIONS
General Purpose and Descrio:ion: The "C" Commercial district
is intended'predcr---ina:ely ~or commercial activities of service
nature which typically have operating characteristics (limited. __
outside or open s~orage) or traffic service requirements
generally incompatible %-ith office, retail shopping and
residential environments.
Dso Regulations:
1. Any use permitted in the "R" Retail District.
2. Building material sales.
3. Carpentry, painting, plumbing or tinsmithing shops.
AN ORDINANCE OF TIlE CITY OF COPPELL, TEXAS
ORDINANCE
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, TEXAS, AS
HERETOFORE AMENDED, TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED
PROPERTY TO THE NEW ZONING CLASSIFICATION HEREIN STATED; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES
FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF ONE THOUSAND
DOLLARS ($1,000.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE.
WIlEREAS, the City Zoning Commission and the Governing Body of the City of
Coppell, Texas, in cempliance with the laws of the State of Texas with reference to
the granting of zoning changes under the zoning ordinance and zoning map, have given
requisite notices by publication and otherwise, and after holding clue hearings and
affording a full and fair hearing to all property owners generally, the said Governing
Body is of the opinion that said change of zoning on on application of Tristar Tompkins
Joint Venture should be granted and the Comprehensive Zoning Ordinance of the City
of Coppell should be amended in the exercise of its legislative discretion:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance of the City of Coppell,
Texas, be and the same is hereby amended by amending the Zoning Map of the City
of Coppell, to give the hereinafter described property a new zoning district classification,
to-wit:
"PD(R)" Planned Development District Retail
The Planned Development District shall be subject to the Conceptual Plan attachec~
hereto as Exhibit "A" and made a part hereof.
The Planned Development District shall also comply with the following development
requirements:
General purpose and description: As in the "R" Retail District this Planned Development
Retail District is intended for neighborhood shopping facilities which provide limited
business service and office facilities predominately for the convenience of residents of
the community.
Use Regulations:
1. Any use permitted in the "O" Office District.
2. Consumer I~epair Services.
3. Food Sales.
4. Personal services.
5. Pet services.
6. Day nursery or day care centers.
7. Dry cleaning and laundry.
8.
Other general retai! sa]es of similar nature and character, provided that
the business establishment is subject to the following conditions:
(a) That it be conducted wholly within an enclosed building.
(b) That required yards not be used for display, sale or storage or
merchandise, or for the storage of vehicles, equipment, containers
or waste material.
(c) That all merchandise be first-hand and be sold at retail on the
premises.
(d) That such use not be objectionable because of odor, excessive light,
smoke, dust, noise, vibration or similar nuisance.
9. Film developing and printing.
10. Fix-it shops for such items as bicycles and lawn mowers, but without
outside storage.
11. Furniture stores.
12. Hardware store.
13. Printing shop or company (retail on]y).
14. Meat Market (retail only).
15. Moving picture theatre (indoor).
16. Seed store.
17. Veterinarian or animal hospital (no outside kennels).
18. Auto parts sales (new).
19. Community centers (public or private)°
20. Museum.
21. College or university.
22. Uses permitted by Specific Use Permit according to Section 28.8 of the
Comprehensive Zoning Ordinance.
Height Regulations: No building shall exceed thirty-five (35) feet or two and
one-half (2½) stories in height.
Area Regulations:
1. Size of Yards:
(a)
Front Yard: Minimum required setback, thirty (30) feet, with no
front yard parking. If front yard parking is utilized, then sixty (60)
feet front yard shall be observed.
(b) Side Yard: (Adjacent to a street or property line); minimum
required, thirty (30) feet.
(c) Side Yard: (Interior): none.
(d)
Rear Yard: Minimum required, ten (10) feet un]ess adjacent to a
residential zoning district, in which case twenty (20) feet minimum
shall be observed.
2. Side of lot:
(a) Lot Area: none.
(b) Lot Width: none.
(c) Lot Depth: none.
Lot coverage: In no case shall more than forty percent (40%) of the lot
area be covered by buildings.
Parking Regulations: One (1) space per two hundred (200) square feet of gross
leasable floor area or in accordance with Section 30 of the Comprehensive Zoning
Ordinance. In addition, no parking area shall be allowed within ten (10) feet of
the front property line or within five (5) feet of the rear property line.
Type of Exterior Construction: Exterior wall construction in districts permitting
non-residential uses shall be of such material that is required to conform with
the City of Coppell Building Code for the particular non-residential use or
occupancy or as approved by City Council. All structures shall be eighty percent
(80%) masonry exterior exclusive of doors and windows. Glass may be counted
in place of masonry. Stucco type construction is permitted by Specific Use Permit.
Landscape requirements: Landscaped areas shall be provided according to Section
33 of the Comprehensive Zoning Ordinance.
The following special conditions are placed upon the above described property:
- all existing and proposed bridges must be approved by the City Engineer prior
to construction.
- driveway spacings and locations along MacArthur Boulevard and Sandy Lake
Road shall be in accordance with the requirements of the current Subdivision
Ordinance.
- the applicant shall submit a Site Plan of the existing vegetation for review by
the City Council, for the purpose of preserving the majority of the existing trees.
- the drainage easement fronting both this property and the property immediately
to the west shall be landscaped so as to conform to the minimum standards
established in the approved Streetscape Plan, or enclosed in accordance with the
requirements of the current Subdivision Ordinance.
- the applicant must fulfill all of the requirements as set forth in Section 27,
"PD" Planned Development District, of the Comprehensive Zoning Ordinance.
- the applicant must adhere to the screening standards as outlined in Section 32
of the Comprehensive Zoning Ordinance.
- an eight (8) foot screening wall shall be constructed at the rear of the
development.
Said property being described as follows:
TRACT 1
BEING all of that certain lot, tract or parce! of land situated in the S.A. & M.G.R.R.
Survey, Abstract No. 1442, and in the James Parrish Survey, Abstract No. 1139, City
of Coppell, Dallas County, Texas, and being more particularly described as follows:
BEGINNING at a 5/8 inch iron rod found for a corner in the east right-of-way line of
MacArthur Boulevard (Allen Road, 100' R.O.W.) said point being South 04° 34' 45" East
a distance of 80.20 feet from the present intersection of the east right-of-way line of
MacArthur Boulevard with the south right-of-way line of Sandy Lake Road (100' R.O.W.);
THENCE North 89° 28' 00" East along the south line of an 80' drainage easement to
the City of Coppell from Woodridge, Section Three, recorded in Volume 81180, Page
3301 of the Deed Records of Dallas County, Texas, a distance of 987.98 feet to a 5/8
inch iron rod found for the beginning of a curve to the right having a central angle of
10° 52' 44" and a radius of 452.47 feet;
THENCE around said curve and with the south line of said drainage easement, an arc
distance of 85.91 feet to a 5/8 inch iron rod found for corner in a west line of an
0.758 acre tract conveyed to the Coppell Municipal Utility District No. 1, recorded in
Volume 75222, Page 1202 of the Deed Records of Dallas County, Texas;
THENCE South 00° 07' 27" West, 200.26 feet with said west tine to a 5/8 inch iron
rod found for a reentrant corner of said 0.758 acre tract;
THENCE North 89° 39' 03" West, 110.00 feet with the North line of said tract to a 5/8
inch iron rod found for the western-most northwest corner of said 0.758 acre tract;
THENCE South 00° 07' 27" West, 23.19 feet with the west line of said tract to a 5/8
inch iron rod found for corner;
THENCE South 89° 28' 00" West, 933.09 feet to a 5/8 inch iron rod found for corner in
the east line of MacArthur Boulevard and on a curve to the right having a central angle
of 08° 05' 17" and a radius of 1150.00 feet;
THENCE around said curve and with the east line of MacArthur Boulevard an arc
distance of 162.34 feet to a 1/2 inch iron rod found for corner;
THENCE North 04~ 34' 45" West, 69.45 feet with the east line of MacArthur Boulevard
to the PLACE OF BEGINNING and CONTAINING 241,284 square feet or 5.5391 acres
of land.
TRACT 2
BEING all of that certain lot, tract or parcel of land situated in the S.A. & M.G.R.R.
Survey, Abstract No. 1442, and in the James Parrish Survey, Abstract No. 1139, City
of Coppell, Dallas County, Texas, and being more particularly described as follows:
BEGINNING at a 5/8 inch iron rod found in the east right-of-way line of MacArthur
Boulevard (Allen Road, 100' R.O.W.) said point being in the southwest corner of a
5.5386 acre tract of land conveyed to Tristar Development as recorded in Volume 84068,
Page 1329 of the Deed Records of Dallas County, Texas;
THENCE North 890 28' 00" East along the south line of said 5.5386 acre tract a distance
of 933.09 feet to a 5/8 inch iron rod found for corner;
THENCE South 00° 07' 27" West along the most westerly line of a 0.758 acre tract of
land conveyed to the Coppell Municipal Utility District No. 1, recorded in Volume 75222,
APPK(~VED AS TO FORM:
CZ85-0122
Page 1202 of the Deed Records of Dallas County, Texas, a distance of 116.81 feet to a
5/8 inch iron rod found for corner;
SECTION 2. That all ordinances of the City in conflict with the provisions of
this ordinance be, and the same are hereby, repealed and all other ordinances of the
City not in conflict with the provisions of this ordinance shall remain in full force and
effect.
SECTION 3. That the above described property shall be used only in the manner
and for the purposes provided for in the Comprehensive Zoning Ordinance of the City,
as amended herein by the granting of this zoning classification.
SECTION 4. That shoulO any paragraph, sentence, 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 invalid, illegal or unconstitutional
and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole.
SECTION 5. That any person, firm or corporation violating ~ny of the provisions
or terms of this ordinance shah be subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction
shall be punished by fine not to exceed the sum of One Thousand Dollars ($1,000.00)
for each offense, and that each day such violation shall continue to exist shall constitute
a separate offense.
SECTION 6. It is necessary to give the property described herein the above
mentioned zoning classification in order to permit its proper development and in order
to protect the public interest, comfort and general welfare of the City. Therefore,
this ordinance shall take effect immediately from and after its passage and publication
of its caption, as the ]aw in such cases provides.
DULY PASSED by the City Council of the City of Coppe]l, Texas, this the ~(~'~
AT'ST: MAYOR ~ . ~