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PD178R-AG001212.T H E C: I T Y 0 F COPP-ELL AGENDA REQUEST FORM * ~ 7"ar' 'A '~S., ~~~~CITY COUNCIL MEETING: December 12, 2000 ITEM ~ Z~ 4 6 · I ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-178R, Town Center West, Detail Site Plan of a Retail Center, zoning change request to amend the planned development and allow the construction of a 13,393 square foot retail/medical/restaurant facility on approximately 1.8 acres of property located at the southwest comer of N. Denton Tap Road and Town Center West Boule. yard, and authorizing the Mayor to sign. SUBMITTED B~ TITLE: ~ D~p~ng and Community Services STAFF COMM~~-- APPROVED BY CITY COUNCIL DATE Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On February 17, 2000, the Planning Commission unanimously approved this zoning change request (7-0). On March 28, 2000, City Council approved this zoning change request (5-2). Council members Tunnell and Wheeler voted against the motion. Staff recommends approval. DIR. INITIALS:?~ FIN. REVIEW: Agenda Request Form - Revised 5/00 CITY MANAGER REvIEW~ Document Name' @PD 178Ro ~ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~0~'"/~ -' ~'~ 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 "PD-178" (PLANNED DEVELOPMENT-178) TO "PD-178R" (PLANNED DEVELOPMENT 178R) TO ALLOW FOR THE CONSTRUCTION OF A RETAIL/MEDICAL/RESTAURANT FACILITY FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR A DETAIL ~ SITE PLAN, PROPOSED FLOOR PLAN, BUILDING ELEVATIONS AND LANDSCAPE PLAN, 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-178R 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 "PD-178" (Planned Development-178) to "PD-178R" (Planned Development - 178R) to allow for the construction of a retail/medical/restaurant facility for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the following development conditions and the ~ Detail -Site Plan, Proposed Floor Plan, Building Elevations and Landscape Plan attached hereto as Exhibits "B", "C", "D", and "E", respectively: A. All light poles located along Denton Tap Road shall not exceed 30' in height; light poles located at the west of the retail facility shall not exceed 25' in height; and, light poles located in the child court shall not exceed 20' in height. B. All light poles as permitted herein shall meet the shield and glare standards in accordance with City ordinances and shall provide adequate lighting all night. C. All landscaping shall be as depicted on the site plan. D. Prior to the granting of a building permit, a shared access agreement with the south property owner shall be provided and approved by the Planning Director and City Attorney. E. Raceway and remms for building signs shall match the material on which it is mounted; i.e., bronze on brick, off-white on EFIS. F. Building(s) shall not exceed 35' in height measured from the midpoint of the gable to grade. G. Landscaping along the north side of Town Center West Boulevard shall be installed, irrigated and maintained by the applicant in accordance with applicable ordinances. H. The location of the monument sign shall be as depicted on the Site Plan. I. All elevations on the site plan shall specify the overall height of the structures which shall not exceed the minimum height requirements under the Coppell Zoning Ordinance or as set forth herein. J. All approved setbacks shall be noted on all plans submitted. 2 K. Parking provisions shall be consistent on all plans. L. Solid or living screening fence shall be constructed to screen air conditioner units fi:om public view. SECTION 3. That the Revised Site Plan attached hereto as Exhibits "B", and made a part hereof for all purposes, is 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 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 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 ]~j~ day 2000. APPROVED.~.,S TO FORM: ROt~RT E. I:-Lkd~P~'Y ATTORNEY (REH/cdb 12/1/00) APPR~/~D: ~ ~ CANDY SI2tI2~H4N, MAYOR ATTEST: ~ARY 4 LOT I DESCRIP'IION BEING a tract of land ~ in th~ George W. Jack Survey, ~ No. 694 in the City of Coppell, ~ ~, Texaa and alao being part of a tract of land a~ de,cdbed in a deed 1o Yotkshi~ Weat Capital Inc. TR. mad reaxa, d~ in Voltmae , Page .__ of the Deed Records of Dallas County, Texas and beiug mor descn as follows: BEGINNING at an "X" fotuxl c~ in camcr~ at th~ ~o~ of the west line of Dent~n Tap Road (a variable width right-of-way) with thc south linc of W,st Town Center Drive (a vaxiable width right-of-way), said poim also being the ~heaat cornet of traa 2 of the Sonic Acktition, an ~ldition to the City of Coppell as maxded ia Volume 94144, Pa~ 2353 of the Doed Records of Dallas County, Texas; THENCE S. 01°13'3T' E., 190~21 fe~t along the said west line of Denton Tap Road to a ¢:~ iron rod set for comer, said po/nt gao be/n~ the wrtheast corn~ of a tract of land as conveyed to William Boorhem, Trustee.. by deed recorded ia Volum~ 8511 I, Pase 1197 of the Deed Recor~ of Dallas County, Texas; 'rlt'gNCE S. 88o3900" W., 394.00 feet leaving the said we~t line of Denton T~ Road, md nmning along the nocth li~ of t~ aaid ~ tract, ~o a ~A" iron rod set for corner, THENCE N. 01°13'37' W., 194.77 feet leaving thc mid north line of the Boorhcm tract, [o a 9~' iron rod set fo~ corner, being cna thc south linc of the said West Town Center Drive, said point also being in a curve to the left ruzmmg in an easterly direction and having · ~ angle of 09~ 16~}9' and a radius of 338.92 feet; THENCE along said curv~ md the said south line of West Town Center Drive, 54.83 feet to the end of said curv~ · ½' in:m rod set fo~ comer, said poim being th~ beginning ora cu~e to the right having a central angle of 09°24'57' md a radius of 235.44 ~ lwrlENCE along said curv~, md amtinuing along the said sotxth ~ of W~st Town Cent~ Drivc, 41.98 feet to the md of said cvrv~ · ½' iron rod set for com~, THENCE N. 88° 1745' E., 282.78 feet cominning along thc said south line of West Town Center Drive to thc Point of Beginmng and comaining 1.833 acrea of lan& k~IBIT "A" dI ¥ 0 ~i ,=I ¥ .I. N 0 .I. N :::1 ~ I- '0 E~q~IBIT "B" I--"-' ..... ! EX~TBIT ~'(3'~ I--'"- ..... ! i EXHIBIT "D"