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CC approval of ORD 9/10/96 ~ AGENDA REQUEST FORM CITY COUNCIL MEETING: September 10, 1996 ITEM ITEM CAPTION: Consider approval of an Ordinance for Case No. ZC-590. Property Trust Partnership, zoning change from SF-12 (Single Family-12) to TC (Town Center), on i acre of property located on the north side of Sandy Lake Road, approximately 379 feet east of Denton Tap Road, subject to a Site Plan listing nine (9) special conditions, and authorizing the Mayor to sign. ~ .......... '--~-. SUBMITTED BY= V L. Sieb ..... TITLE: ~Dxrec[ur of Planning and Co--unity Services STAFF RECO~ENDS: Approval ~ Denial STAFF CO~ENTS: Council approved this zoning change on July 9, 1996. ApP; OVED ' BY Ci 'Y DATE BUDGET AMT.$ AMT. EST.$ +/- BUD:$ FINANCIAL COMMENTS=~h¥ DIR. INITIALS: FIN. REVIEW CITY MANAGER REVIEW: Agenda Request Form - RevLsed-6/96 Document Name zc590ord.pz S~l]~k & Saw document- Put AN ORDINANCE OF ~ CITY OF COPPEI.I., TEXAS oRDINANCE AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AME~ING ~ COMPREFIENS1VE ZONING ORDINANCE AND MAP OF Ti~ CITY OF' COPPELI~. TEXAS, AS HERETOFORE AME~ED, BY GRANTING A CHANGE IN ZONING FROM "SF-12" (SINGLE FAMII.Y-12) TO "TC" (TOWN CENTER) FOR ~ PROPERTY LOCATED ON TI~ NORTII SIDE OF' SANDY LAKE ROAD, APPROXIMATELY 3?9 FEET EAST OF DENTON TAP ROAD AND MORE PARTICULARLY DESCRIBED IN EXtlIBIT "A" ATrAC-'I~D HERETO; PROVIDING FOR SPECIAL CONDmONS; PROVIDING FOR ~ APPROVAL OF TIIE ZONING EXI~llR1T, ATrACI4ED HERETO AS EXHIBIT "B"; PROVIDING FOR ~ APPROVAL OF' TI~ SITE PLAN, ATI'ACl~D IIERETO AS EXHIBff "C"; PROVIDING FOR ~ APPROVAL OF ~ LANDSCAPE PLAN, A'FFACtI~D HERETO AS EXItlB~ "D"; PROVIDING A REPEAl.lNG CLAUSE; PROVIDING A SEVERAB1LITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THO ,USAND 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 at~er 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. ZC-$90 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 COPPEIJ~, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of CoppeH, 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 "SF-12" (Single Family-12) to "TC" (Town Center) for the property located on the north side of Sandy Lake Road, approximately 379 feet SSlggo 1 east of Denton Tap Road and 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 Site Plan, Exhibit "C", reflecting the following special conditions, and the Landscape Plan, Exhibit "D": (A) The Utility air conditioning units located on the top of any building on the property shall be screened fi.om public view; (B) Utility boxes or units at the rear of any building on the property shall be painted to match the color of such buildings, whenever possible; (C) The loading and unloading of any merchandise or materials on the property shall not be permitted during the hours of 10 p.m. to 6 a.m., daily; (D) Trees to be saved must be properly fenced ofl~ with temporary chain link fences, at the drip line, and protected during the construction phase; (E) Owner to provide the City with forty-five (45) days written notice of its intent to remove trees that are not to be saved. City shall then have thirty (30) days to remove any trees it so desires for transplantation; (F)All new and existing landscaping shall be kept in a healthy and growing condition; (G) All existing and newly planted trees shall be maintained in a healthy and growing condition for a period of three (3) years commencing from the date a certificate of occupancy is issued; and any dead or dying existing trees shall be replaced during said period with trees of a minimum of three inch (3") caliper, twelve inches above the ground and seven (7) feet in height when planted, selected fi.om the list of approved replacement trees in accordance with the City landscape regulations at the ratio of 1:3. 881880 2 For example if an existing twenty-one inch (21") caliper tree dies, it shall be replaced on-site or in the general vicinity by one (1) seven inch (7") tree or two (2) three and a half inch (3~A'') trees. (It) An eight foot (8') high brick wall will be built behind the shopping center on the east side as shown on the Site Plan; (I) Additional treed landscaping at the northwest comer of the property, to be shown on the Landscape Plan; SECTION 3. That the Zoning Exhibit attached hereto as Exhibit "B"; the Site Plan attached hereto as Exhibit "C"; the I_amdscape Plan attached hereto as Exhibit "D"; 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 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, 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. SS 1880 3 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, fu-m 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 l~om 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 of · _~/'-~¢ ~',1 ~e ,' , 1996. APPROVED: TOM MORTON, MAYOR ATTEST: KATHLEEN A. ROACH, CITY SECRETARY APPROVED AS TO FORM: , .,. .._ . ,¥ -----./_/. PETER G. SMITH, CITY ATTORNEY (PGS/ttl 8/30/96) SS 1880 4 ~-:!:';G a ~racn o~ land situated in the S.A. & M.G.R.R. Survey, ~bsnract .'..'o. !-130 in the Ci5y of Copp~ll, Dallas County, Texa~ and b~ing part of a tr~ct of land as d~scribed ~p dedd from Good Fi:~ancial Corporatio~ to H. Douglas Adkins, Tru~te~:, as recorded in Volume 76188, Pa,je 2355 or the D~=d R,=cords of Dallas County, T~,xas and soid trac pein9 mo~-e part~cu~ar!y d=" -'bed as .... · ......... =" ~ po;nc of incorrect;on of cae notch line Sandy Lake Road (a _0~ foot right-of-way) w~-~' the east i~ne o Denton Tap Road (a variable w_c~h right-of-way) 88'42'38" E., 37~.66 feeC along the said north line of Sandy Lake Road co [b.e POI:,~ OF BEGINNIHG, ~ ~" ~ '-- - ~'~ -~20.. Tod se5 THE~ICE N. 00'56'19" W., 251.79 feec leaving the ~aid north lin~ of Sandy Lake Road Co a ~" iron rod se5 for corner; THENCE N. ~9'03'1~" E., !73.00 feet ~o a ~" iron rod s,a~ for ~.:~.vm~, S G~'56'!9" E 251 ~9 ~at to a ~" ~ron rod sec for corner on the said notch lin= of Sandy Lakd Noad; irish, CE S. 89 O~'i!" W., !';.~ .00 f==t along the said torah lin= of Sandy Laku Road to the Point of Beginning ~d containing 1,000 acr=s (43,560 squat= feet) of land. EXMIBIT "A" OYOl:l dY.L NO/NlQ I ~ 3 03NOZ ~ ~ EXHIBIT "D"