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PD157R-AG 970422 I I AGENDA REQUEST FORM ~ CITY COUNCIL MEETING: April 22. 1997 ITEM # /~J ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-157R, Valley Ranch Plaza, amending the Site Plan for property zoned PD-C (Planned Development- Commercial), to allow an outdoor eating and playground area on property located at the southwest corner of Beltline Road and MacArthur Boulevard, and authorizing the Mayor to sign. SUBMI~D BY: Gary L. Sieb ~ITLE: Director of Planned Community Services STAFF~F~COMMENDS: _--------"--~pproval ~ Denial STAFF COMMENTS: On March 11, 1997, Council approved this amendment. DIR. INITIALS: · FIN. REVIEW CITY MANAGER REVI ~ Agenda Request Form - Revise~ 1/97 Document Name pd157ror.pz ~ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~5-~-/~ -/'S-~"- AN ORDINANCE OF THE CITY OF COPPELL, TE."GgS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY AMENDING THE SITE PLAN FOR PROPERTY ZONED "PD-C" (PLANNED DEVELOPMENT - COMMERCIAL) DESCRIBED IN EXI~HRIT "A", ATTACHED HERETO, TO ALLOW AN OUTDOOR EATING AND PLAYGROUND AREA; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, PLAYLAND/SEATING LAYOUT, AND BUILDING ELEVATION ATTACHED HERETO AS EXIHRITS "B", "C", AND "D" RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR 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 governing 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 Case No. PD- 157R 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 thc governing body of the City of Coppell, Texas, as heretofore amended, be, and the same is hereby amended by amending the site plan for property zoned "PD-C" (Planned Development - Commercial) described in Exhibit WA", attached hereto and made a part hereof for all purposes, to allow an outdoor eating and playground area. SECTION 2, That the above change in zoning is hereby granted, subject to the following special conditions: 1. The property shall be developed and used only in accordance with the Site Plan, Playland/Seating Layout, and Building Elevation, attached hereto as Exhibits "B~, "C~, and "D" respectively, and made a part hereof for all purposes. 2. All lighting beneath the awning shall be shielded above and directed downward. 3. At least 95 % of the play equipment shall be in a base color and no more than 1% in an accent color. 4. Total number of dining tables at the 1.211-acre site, inside and out, shall not exceed 25. SECTION 3. That the Site Plan, Playland/Seating Layout, and Building Elevation, attached hereto as Exhibits "Bm, "C", and "D" respectively, and made a part hereof for all purposes, be, and the same are hereby approved. 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 Comprehensive Zoning Ordinance 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 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, thc 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. That an offense committed before the effective date of this ordinance is governed by the 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 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 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 3o~mo/ day of '~r' / [ 1997. 2 APPROVED: RTON, MAYOR ATTEST: KA~HLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: STATE OF TEXAS COUNTY OF ON. LAS C~TY OF COPPELL BEING ;] tract of I~nd in the SINGLETON THOMPSON SURVEY. Abstract No. 1495 and being a portion of Pad El ~nd ~il of Pads C and D of REPLAT OF VALLEY RANCH PLAZA, Pads 8 through I, os recorded in Volume 89090. PaGe 2957 of the 0eed Records of O~ll;]t County, Texas (DRDCT) ;]nd ;11 of Pods £ and F of o RE]SLAT A REPLAT OF VALLEY RANCH PLAZA, Pages E through G ;]e recorded in Volume 92126, Pa]ge 5259 (DRDCT) and ~11 of o tract of Ia]nd celled Volley Ranch. Tract A ;]s recorded in Volume 880~, P~ge 1680 (DRDCT) and being more particularly de~cribed ;]e BECdNNING at e 1/2 inch iron rod found at the inter, action of the ~eeterly line of BOULEVARD (a 100 foot right--of-way) and the southerly line of BELT UNE ROAD (o 120 foot rkjht-of-lay); TH£NC[ South 00'10'00' West, along the ~terl¥ line of said MocARTHUR 80ULEVARD. a distance of ~80.26 feet to on 'X' in concrete found;, THENCE North 89'50'00' Welt, le~V~lg the westerly line of sa]id BOULEVARD, a dietence of 199.74 feet to o 1/2 inch iron rod found; ~IENCi[ South 72~8'42' West, a distance of 129.22 feet to a 5/8 inch Iran red found; THENCE North 89'50'00' west. o dietonce of 77.58 feet to a 5/8 inch iron rod found; THENCE North 00'10'00' East. a di;]tance of 4.51.67 feet to a 5/8 inch Iran red found; TH[NC[ North 00'01'27' East. e di;]tonce of 97.45 feet to a 1/2 inch iron rod found in the ~therly line of ~k:l BE~.T UN[ ROAD; THENCE South 85'42'5§" East. along the ~outherly line of the sole BELT t. iHE ROAD, distance of 56.10 feet to a point; THENCE South OO'O$'27' welt. a dkatonce of 35.04 feet to o TH£NCE South 25'04'15' Wear. a distance of 28.35 feet to a point; THENCE So, th 00'0t'27' We~t,; d~tance of 56.05 feet to a point; THENCI~ South 00'10'00' wear. a distance of 91.06 feet to a point for the b_e_9~,~_,~ni.,,g of a curm to the left having a radius of 50.00 feet, a chord I~eoring South 44~000 and a chord distance of 42.45 feet; THENCE along said cur~e to the left ~hrou~Jh a central an~e of 90'00'00" ~n arc len~jth of 47.12 feet to a point; THENC[ ~outh 8g'50'00' Eaet, a distance of 101.51 feet to a point; THENCE North 54'40'$7' East. a distance of 54.96 feet to ;] point; THENCE North 00'10'00' East. a distance of 81.86 feet to a point f~ the b_e_g~_,_,n~,~ of o cur~ to the left having a radius of 20.00 feet, a chord bearing N~th 44'~300 W~t, and a chord dist;]nce of 28.28 feet; I~-IENCE alan9 said curv~ to the left throu9h a central on91e of 90'00'00' an arc length of 51.42 feet to ;] point; THENCE North 89'50'00' West. a dletance of 5.00 feet to a point; THENCE North 00'10'00' East, a distance of 72.04 feet to ;] point in the ~¢xztherly line THENCE South 85'42'55' Feet, along the southe~y line of the e~id BELT UN;'~K~AD, a distance of 225.52 feet to the POINT OF BEC~NNING; CONTNNING within theee metee and bounde 5.895 wes or 169.674 equo~ feet of JIl~ln~ G[NEIIAL NOT[S i [] ............... I ~ ! I , ~ · .-.., ''~.'' .- .. ,.' ,'.' ~ ~ ~ ~~ I ,u ............ [- l~ 11 I * ' FLOOR PLAN , ........... .-~- ~OP-1 I I ~ GENITAL NOT[S ] .  ~ // ~-~"~L~:i +'~ ISOMETRIC VIEW '~' f ~~ ~z ~-~ "'~,I: ' ~~ ~~ IIIIIIII IIIIIII Ilmmll tl,I IIIii11111111111 IIIIIIIIIIIII WEST ELEVATION ......... ~:,'0~ 2 I