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ORD apprvl on 8/12/03AGENDA REQUEST FORM COl'FELL DEPT: Planning DATE: August 12, 2003 ITEM #: 11 ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-197, Old Coppell Townhomes, zoning change from HO-C (Historic Overlay-Commercial) to PD- 197-HO-TH- 1/C (Planned Development- 197-Historic Overlay-Townhouse- 1/Commercial) with a Concept Plan to allow the development of 21 residences, a recreation area and commercial uses on 3.81 acres of property located along the east side of Coppell Road, north of Bethel Road, and authorizing the Mayor to sign. APPROVED BY CITY COUNCIL ON ABOVE DATE Moton to Approve Ord. # 91500-A-353 GOAL(S): ~ EXECUTIVE SUMMARY: Date of P&Z Meeting: Decision of P&Z Commission: M - Tunnell S - Suhy Vote - 4-2 N/A Peters and Raines voted against N/A Faught abstained with Conflict of Interest Afl. On June 19, 2003, the Planning & Zoning Conunission unanimously recommended approval of this zoning change (7-0). On July 8, 2003, City Council approved this zoning change (4-2). Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: (W;4PD- 197, OC ORD I-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE 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 "HO-C" (HISTORIC OVERLAY-COMMERCIAL) TO "PD-197-HO-TH-1/C" (PLANNED DEVELOPMENT - 197 HISTORIC OVERLAY - TOWNHOUSE-1 COMMERCIAL) TO ALLOW FOR THE DEVELOPMENT OF TWENTY- ONE (21) RESIDENCES, A RECREATION AREA AND COMMERCIAL USES ON 3.81 ACRES OF PROPERTY LOCATED ALONG THE EAST SIDE OF COPPELL ROAD, NORTH OF BETHEL, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE CONCEPTUAL SITE PLAN, LANDSCAPE PLAN, CONCEPTUAL FLOOR PLANS, ELEVATIONS, OLD COPPELL MASTER PLAN DESIGN ELEMENTS LISTING, AND STREET LIGHT DESIGN ATTACHED HERETO AS EXHIBITS "B, C, D, E, F, AND G, 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-197 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-197- "PD-197-HO-TH-1/C"(Planned Development - 197 Historic Overlay-Townhouse-1/ 58017 Commercial) to provide the appropriate zoning district for the development of twenty-one (2l) residences, a recreation area and commercial uses on approximately 3.81 acres of property located along the east side of Coppell Road, north of Bethel Road, and being more particularly 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 special conditions, which are as follows: A. That the detailed plans must be approved before any building permit is issued, including the commercial parcels. B. That more detailed information regarding street furniture, signage, building addresses, sidewalk material, etc., is submitted for staff review prior to Detailed PD approval. C. That a detailed plan for Phase I must be submitted within six (6) months of concept PD approval. SECTION 3. That Conceptual Site Plan, Landscape Plan, Conceptual Floor Plans, Elevations, Old Coppell Master Plan Design Elements Listing, and Street Light Design attached hereto as exhibits "B, C, D, E, F, and G ", 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 so 2 58017 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 conm~itted before the effective date of this ordinance is govemed 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 temps 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 inmqediately from and after its passage and the publication of its caption, as the law and charter in such eases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the /~[~ day of  ff.~:~, 2003. ~ DOUGLAS[xl. ST~VER, MAYOR ATTEST: IT'Y SECRETARY APPRO~~ _ : ROBERT E7 HA~, ~I~-Y ATTORNEY 3 58017 LEGAL DESCRIPTION WHEREAS Ran Robertson, LLC, is the owner of land situated in the J. W. Anderson Survey. Abstract. No. 18 in the city of Coppell, Do#os County, Texas, being o coiled 3,163 acre tract os described in deed recorded in Volume 98004, Page 4229, o called 0.238 acre tract, os described in deed recorded if Volume 98159, Page 2900, and a property located at 544 S Coppell Rood, (no known owner at the County of Da#os and no volume and page available) oll of the Deed Records of Dallas County, Texas, and being more particularly described by metes and bounds os follows: BEGINNING at a found I/2" iron rod in East Right-of-Way line of South Coppell Rood (a 60.0 foot Right-of-Way), and said iron rod being the Southwest corner of said 3,163 acre tract; THENCE North O0 degrees 02 minutes 11 seconds West, along the East line of said South Coppell Road, o distance of 258. 12 feet to o found 1/2" iron rod; THENCE South 87 degrees 41 minutes 42 seconds East, deporting the East line of said Coppell Rood, a distance of 181.78 feet to o found 1/2" iron rod; THENCE North O0 degrees 31 minutes ..t8 seconds West, o distance of 157.77 feet to o found I/2" iron ro( THENCE South 87 degrees 40 minutes 46 seconds East, o distance of 298.00 feet to a found 1/2~ iron ro THENCE South O0 degrees 05 minutes 25 seconds West, a dlstonce of ..t99.27 feet to o found 1/2' iron rc THENCE North 89 degrees 40 minutes 05 seconds West, a dlstonce of 477.15 feet to the POINT OF BEGINNING and containing 156,112 square feet or 3.81..t acres of land. EXHIBIT "A" ~i~liI BIT 'B' I'~''~ ? ~,,,'',[~ ..~l"I'irl~tddOD (I~10 G~v'O~f TI~tddO3 H£flOS EXItlBIT 'C" §~ !~ Tliddd03 (I~I0 EXHBI T "D" OLD COPPELL MASTERPLAN DESIGN ELEMENTS Old Coppell Townhouses · :. Wooden Benches in common and pool areas · :- Decorative Trash receptacles !p. · :. Historic Streetlights (arched design) (p. 14) · :. Shared parking on one side of street /p. 17/ · Square Edge Monolithic Curb Design (per stall) · :. Decorative Concrete/ Paver Accents · :. "Salt finish" Concrete (historic finish) (?ct · :. Historic-Style Construction (p. 16) · :- Shallow Front Lawns (p. 16) · :. WiI1 provide "lived-in" atmosphere to area (?. Il) · :. Fulfills Short Term Goal of Residential Development (p. EXHIBIT "F" DST1