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PD178-AG 990727AGENDA REQUEST FORM 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, Commercial) 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. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: APPROVED BY CITY COUNCIL DATE ~1~.£?-~ - 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 13t~, Council approved the Ordinance as presented; then voted m reconsider this Ordinance when changes were suggested. Staff recommends approval. FIN. REVIEW: CITY MANAGER REVIE x~ Document Name: ~PD178o AN ORDINANCE OF THE CITY OF COPPELL, TEXAS o INANCE 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 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 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. 1 SS26658 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 as generally set forth in Exhibit "B" (Conceptual Site Plan). E. Proposed Town Center West Boulevard right-of-way and ten (10') foot sidewalk and utility easement as shown 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 construction of Town Center West Boulevard, construct a sidewalk at City cost within the ten (10') foot utility easement as shown on the eoncep~..al plan (Exhinit "B"), provided the owner has dedicated the necessary easement to the City. Landscape provisions will be consistent with PD-178, 3-lA 2 SS26658 G. City 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 property 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. Due to the shallow depth of the land, planting islands may be up to twenty (20) parking spaces apart. 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, 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 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. 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 3 ss26658 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 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 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 oftbe City of Coppell, as heretofore amended, and upon conviction shall be punished by a frae 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 _~_~day of 1999. C~ "~ H'~Ei-~A"'~,"MAYOR ATTEST: ~ SECRETARY 4 SS26658 APP~z~ORM: ~/~~/ ROJ3ERT 7/28/99~I~ E. HAG -CITY ATTORNEY (REH/¢db 5 ss26655 BE/NO a tract ot' l~nd situated in the George W..lack Survey, Abstract No. 694 in the City of'Coppell, Dallas Co .un~, Texas and being part ot' a tract of land as conveyed to Glen A. Hincldey and ;oe C. Hincldey by deed recorded in Volume 23201, Page 1722 or' the Deed Records of Datlas County, TeXas and being mom pmticulady desaz'bed as follows: BEGINNZNO it a point of inte~se~o'n of the west Hne of Denton Tap Road (a vaz~J~e width.(right-of-way) with the south line of High School Access Road .(.a variable width tight-of- way), as'dedicated by' the rec~ed plat of The Sonic Addition. an addition to the City of Coppeg as recorded in Vol .~ne 94144, Page 23='3 of the Deed Records of Dallas County, Texas;, · 'I'H]~CE $. 01°13'~37'' E., i90.21 feet along the said west line of'Denton Tap Road to a point for ~ THENCE 8. 88°39'00'' W., 995.50 feet leaving the said west line of Denton Tap Road, and pa~.'g at' 705.39 feet the northeast comer of Lot 2 in Block "A". of Denton Tap Development, an addition to the City of'C.op~l as n~rled in Volume 981 I$, Page 037 of the Deed .Records Of Dallas C~unty, Texas, to the .no,wast ~orn~ of the said Denton' Tap Development. said point also being on the City of'Coppell, as recorded in Volume 41, Page 71 of'tbe said Deed Records; · I'/-IENCE N. 00'22'16" W., 205.10 feet leaving the north line of' said Denton Tap . Development, and r~m,;r~g alongl the.east line of said Shadyclale Ac~es AclditJon to a point for comer being on the said south Line or'High School Access Road; · ' .TEENCE along ~e.sa~d south line of Higl~ School Access Road the t'ollowing courses and distances: N. 88'17'45" E., 702.56 feet'to- a point for comer;, · - iTH]~CE S. 01°4.2'15'' E.,'6.00'f'eet to a pofnt f~r comer;,. THENCE N. 88°17'45'' E., 274.92 feet to a point for comer;, :THENCE $. 46 .'20'23" E., 21.08 feet continuing along the safd south line of'~-Hgh School Access Road to t~e Point of'BegL-ming and containing 4.707 acres of'land. 'I oh! ' iV dIM ! .:). jI Q]HOZ SONIC HIGH SCHOOL SOU2'H ACC~..~S ROAD '='. :: ----' ~: ~,'. :-' ~ "i: I I I I I I I I I I I I I I I I I 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: Any use permitted in existing "C" Commercial, "O" Office, and "R" Retail Districts. e Height Regulations: Thirty-five (35) feet nor more than two and one-half (2½) stories 3. Area Regulations: 1. Minimum Size of Yards: A) Front Yard: Thirty (30) feet, with no front yard parking. If front yard parking is utilized, then the sixty (60) feet front yard setback shall be observed. However, in the event that "Landscape Area A", as depicted on the conceptual site plan is landscaped by the developer or property owner, then the building line adjacent to Town Center West Boulevard may be reduced to twenty-five (25) feet, with no front yard parking. If front yard parking is utilized, then a fifty-five (55) foot front yard setback shall be observed. B) Side Yard: Thirty (30) feet; adjacent 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 Page 1 of 2 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. Parkin~ Requirements: Off street parking requirements shall be provided in accordance with Sections 23-4 and 31. Type of Exterior Construction: construction shall comply with Section 23-5. 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%) of 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. Areas used for open storage shall comply with Section 23-7. Driveway spacing shall be allowed generally as depicted on the conceptual site plan, including a series of driveway openings. 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 Page 2 of 2