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PD95-CS 831122 (3) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, SO AS 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 TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the Governing Body of the City of Coppell, Texas, in compliance 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 due 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 which is on application of Frank Graham 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 zouing district classification, to-wit: Tract 3 containing 4.247 acres changed to "PD (R)" Planned Development (Retail) Zoning District Classification. Said property being described as follows: Being a tract of land located in the City of Coppell, Dallas County, Texas, and being more particularly described as follows: BEGINNING at a point in the north line of Bethel School Road, said point being south a distance of 1,038.0 feet from the eastmost southeast corner of a tract of land conveyed to Joe T. Goodwin, filed April 12, 1956; THENCE North a distance of 397.7 feet to a point for corner; THENCE East a distance of 444.9 feet to a point for corner; THENCE North a distance of 77.3 feet to a point for corner; THENCE North 73 degrees 50 minutes East a distance of 235.0 feet to a point for corner; THENCE South 16 degrees 10 minutes East a distance of 220.0 feet to a point for corner in the north line of said Bethel School Road; THENCE along said north line of Bethel School Road South 79 degrees 20 minutes West a distance of 135.0 feet to an angle point; THENCE continuing along said north line of Bethel School Road South 63 degrees 05 minutes West a distance of 672.0 feet to the POINT OF BEGINNING and containing 4.247 acres of land, more or less. SECTION 2. In the herein above described land or building, designated as Tract 3, no land shall be used, erected or converted to any use other than: A Day Care Center or Church site. SECTION 3. The following special conditions are placed upon the above described property: A. As provided in Planned Development, a conceptual plan and development plan or detail site plan for Tracts 3 and 4 will be submitted and approved by the Planning and Zoning Commission and City Council and the submittal will require the following: 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 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, 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 Development Plan. b. A Conceptual Plan for uses otherthan 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 uses (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 Development Plan. 2. Development Plan or Detail Site Plan-This plan shall set forth the final plans for development of the Planned Development District and shall conform to the date presented and approved on the conceptual plan. Approval of the Development Plan shall be the basis for issuance of a building permit. The Development Plan may be submitted for the total area of the PD or for any section or part as approved on the Conceptual Plan. The Development Plan must be approved by the Planning and Zoning Commission and City Council, but a public hearing is not required. A public hearing for the Development Plan shall be required only if specifically stated at the time of Conceptual Plan approval in the original ordinance. The Development plan shall include: a. A site inventory analysis including a scale drawing shiowing 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 prone areas. b. A scale drawing showing any proposed public or private streets and alleys; building sites or lots; and areas reserved as parks, parkweays, 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 kpropoosed utility services, including size of water and sewer kmains; 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 lmOre than five (5) feet. e. A site plan for proposed building complexes showing the location of deparate buildings and the ;minimum distances between buildings, an;d 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 landscape plan showing screening walls, oma;mental planing, wooded areas and trees to be planted. e. An architectural plan showing elevations and signage style to be used throughout the development in all districts except single-family, and two-family. Any or all; of the required information ;may be incorporated on a single drawing if one drewing is clear and eanbe evaluated by the City Manager or his designated representatives. B. 1~o building shall exceed thirty-five (35) feet or two and one-half (2-1/2) stories in height. C. In no ease shall more than forty percent (40%) of the lot area be covered by buildiing. D. Parking regulations: One (1) space per two hundred (200) square feet of leasable floor area; in addition, no parking shall be allowed within ten (10) feet of the front property line or within five (5) feet of the rear property line. E. All structures shall be eighty (80) percent exterior masonary construction exclusive of doors and windows. Glass may be counted in place of masonary. Stucco and metal siding of any type is prohibited. F. All structures shall meet the following area and lot requ/rments: 1. AREA REQUIRMENTS a. SIZE OF YARDS (1) Front Yards: Minimum required setback, thirty (30) feet, with no frony yard parking. If front yard parking is utilized, then sixty (60) foot front yard shall be observed. (2) Side Yard: (adjacent to a street or property line); minimum required, thirty (30) feet. (3) Side Yard: (interior): None. (4) Rear Yard: Minimun required, five (5) feet unless adjacent to a residential zoning district in which case twenty (20) feet minimum shall be observed. 2. LOT REQUIRMENTS a. SIZE OF LOT (1) Lot Area: None (2) Lot Width: None (3) Lot Depth: None G. Landscape areas shall be provided and meet the following requirements: 1. Landscape Plan: Prior to issuance of a building permit for any use other than agriculture, single-family dwelling, or duplex dwelling in any zoning district, a Landscape Plan shall be submitted and shall show location, name, quantity, and size of any landscape plants, landscape paving, benches, screens, fountains, statues, sprinkler or water system, or other landscape features; buildings, parking areas, drives, walks, adjacent streets, and alleys. The Landscape Plan shall be prepared by a registered Landscape Architect and drawn to scale and of such size as to be legible. Landscaping shall extend beyond the property line to the curb or paving line in all adjacent streets and alleys. The Landscape Plan can be submitted as part of the Final Development Plan (Detail Site Plan). The Landscape Plan does not need to be approved by the Planning and Zoning Commission and City Council unless so stated in the amending ordinance in a Planned Development District. 2. Minimum Standards a. Except where otherwise provided, ali yard, setback, parking, service, and recreational areas shall be landscaped with lawns, trees, shrubs, or other landscape materials. b. Where the use of a living screen is required or proposed, such screen must be included as an element of the landscape plan. e. A minimum of five percent (5%) of all parking areas adjacent to dedicated streets shah be landscaped. On lots where the required parking is not adjacent to a dedicated street, the five percent (5%) landscaping requirement shall apply to the area between the building or structure and the street. 3. Certificate of Occupancy: Prior to the issuance of a Certificate of Occupancy all screening and landscaping must be in place in accordance with the landscape plan. A Waiver of Compliance may be given by the City Manager when the owner agrees in writing to a specific date after which the landscaping shall be required to have been installed. Such date shall not be more than six (6) months after the issuance of a Certificate of Occupancy. 4. Maintenance: Ail required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant material which dies shall be replaced with plant material of similar variety and size. H. All outside lighting features shall meet the following requirements: 1. Glare: Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination across the bounding property line from a visible source of illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property. All outside lights shall be made up of a light source and reflector so selected that acting together the light beam is controlled and not directed across any bounding property line above, a height of three (3) feet. The allowable maximum intensity measured at the property line of a residential use in a residential district shall be 0.25 foot candles. 2. Non-Residential Site Lighting: a. All off-street parking areas for nonresidential uses in nonresidential districts which are used after dark, shall be illuminated beginning one-half hour after sunset and continuing throughout the hours of use or until midnight, whichever is earlier. In case only a portion of a parking area is offered for use after dark, only that part is required to be illuminated in accordance with these standards. However, the portion offered for use shall be clearly designated. Lighting within the parking areas shall meet the following minimum requirments. No intermittent or flashing lights are permitted. b. Intensity: (1) On the parking area surface, an average of at least two (2) foot candles, initial measurement, and a minimum average of one (1) foot candle on a maintained basis. (2) Minimum at any point on the parking area surface to be at least 0.6 foot candles initial, and at least 0.3 foot candles maintained or 1/3 of the average, whichever is greater. 3. Luminaires: Light sources shall be of a down-light type, indirect, diffused, or shielded type luminaires and/or so installed as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets. Bare bulbs above fifteen (15) watts or strings of lamps are prohibited except for temporary lighting not exceeding forty-five (45) days per year. 4. Special Lighting: Low Watage: Holiday special lighting shall be permitted for a maximum time period of forty-five (45) days for each holiday used. I. A minimum six (6) feet in height solid masonary site-barring wall or better shall be constructed and maintained between retail and residential areas. J. Meehanieal equipment shall be eonstrueted, loeated and screened so as not to interfere with the peace, eomfort and response of the oeeupants of any adjoining building or residence. K. Refuse eolleetion facilities and eontainers shall be screened from the view of all public streets and residential areas adjaeent to the property by a sound fence or wnll of at least six (6) feet in height. SECTION 4. All paved areas, permanent drives, streets and drainage structures shall be constructed in accordance with standard City of Coppell specifications adopted for such purpose, and the same shall be done to the satisfaction of the Director of Public Works, unless otherwise approved by the City Council. SECTION 5. That-aU 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 6. 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 7. That should 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 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, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($200.00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 9. 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 law in such eases provides. DULY PASSi!D by the City Council of the City of Coppell, Texas, this the ~,~,,Z~-d day of /~o/~e~,~ , 1983. A D: . GITY ATTO~ ~Zl12088