Loading...
CC approval of ORD-12/14/04AGENDA REQUEST FORM COPPELL DEPT: Planning DATE: December 14, 2004 ITEM #: 11/I ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-206-HO-R, Conoboy Addition, zoning change from HO-R (Historic Overlay-Retail) to PD-206-HO-R (Planned Development-206-Historic Overlay-Retail), to allow the conversion of a 2,480-square-foot residential structure to an office use on 0.4 of an acre of property located along the west side of Coppell Road, approximately 300 feet south of Bethel Road (717 Coppell Road), and authorizing the Mayor to sign. APPROVED BY Motion to Approve CITY COUNCIL Ora. # 01S00-A-400 ON ABOVE DATE ~ ~ M - York S - Suhy GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meetinm Decision of P&Z Commission: N/A N/A Vote - 6-0 Tunnell absent On October 21, 2004, the Planning Commission unanimously approved this zoning change (7-0). On November 9, 2004, Council unanimously approved this zoning change (7-0). Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: ~ PD-206-HO-R ORD 1-AR (Con) 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-R (HISTORIC OVERLAY-RETAIL) TO PD-206-HO-R (PLANNED DEVELOPMENT- 206-HISTORIC OVERLAY-RETAIL), TO ALLOW THE CONVERSION OF A 2,480-SQUARE-FOOT RESIDENTIAL STRUCTURE TO AN OFFICE USE ON 0.4 OF AN ACRE OF PROPERTY LOCATED ALONG THE WEST SIDE OF COPPELL ROAD, APPROXIMATELY 300 FEET SOUTH OF BETHEL ROAD (717 COPPELL ROAD), AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", PROVIDING FOR SPECIAL CONDITIONS INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, TREE SURVEY AND PROTECTION PLAN, EI.EVATION CRITERIA AND PLAN, SIGN CRITERIA AND PLAN, ATTACHED HERETO AS EXHIBITS "B, C, D, E 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 heating 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-206-HO- R 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 from HO-R (Historic Overlay-Retail) to PD- 206-HO-R (Planned Development-206-Historic Overlay-Retail), to allow the conversion of a 2,480-square-foot residential structure to an office use on 0.4 of an acre of property located along 69968 the west side of Coppell Road, approximately 300 feet south of Bethel Road (717 Coppell 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 as set forth herein below; A. Driveway shall be a minimum width of 17 feet. B. Perimeter landscaping shall be as indicated on the Landscape Plan. C. Side yard setback shall be a minimum of 17 feet from southern property line and 15 fcct from the northern property line. D. Tree islands shall not be provided adjacent to the southern and eastern parking spaces as depicted on the Site and Landscape Plans. E. The attached sign shall be as depicted in Exhibits F-1 and F-2, Sign Criteria and Plan which shall be attached to and made part of this ordinance. SECTION 3. That the Site Plan, Landscape Plan, Tree Survey and Protection Plan, Elevations Criteria and Plan, Sign Criteria and Plan, attached hereto as Exhibits "B, C, D, E and F, 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 rome 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 2 69968 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 conunitted 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 o f 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 ]~_day of APP ROBERT [5 HAGER/fiflTY ATTORNEY (REH/cdb Reviewed"& Revised 12/7/04) DOUGLAS ~. ~;~'OVER, MAYOR ATTEST: L~IBBY BAL ,~JIT'2' S-~CRE--TA~Y 3 69968 LEGAL DESCRIPTION WHEREAS CHRIS CONOBOY IS THE SOLE OWNER OF A TRACT OF LAND OUT OF THE d.A. SIMMON~ SURVEY, ABSTRACT NO 1296, IN THE CITY OF COPPELL, DALLAS COUNTY, TEXAS AND BEING A PART OF THE d.A. SIMMONS 640 ACRE SURVEY, PATENT NO. 12-~2, VOLUME 10, AND ALSO BEING A PART C'F LOT 4 OF 90 ACRES OF SAID SURVEY WHICH WAS ALLOTTED AND SET APART TO W.H. SIMMONS, ONE OF THE CHILDREN AND HEIRS AT LAW OF SAID d.A. SIMMONS, IN THE PARTITION OF SAID SURVEY AMONG THE HEIRS OF SAID d.A. SIMMONS IN SUIT #898, KATHERINE d. FREEMAN VS. ALEXANDER SIMMONS, ET AL, IN THE DISTRICT COURT OF DALLAS COUNTY, TEXAS, SHOWN BY JUDGMENT AND DECREE OF SAID COURT OF RECORD IN VOLUME bE~ 72, AND ,327 OF THE MINUTES OF SAID COURT AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN [HE EAST BOUNDARY LINE OF SAID LOT 4, 298.67 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT THENCE SOUTH (BASIS OF BEARINGS) ALONG THE EAST BOUNDARY LINE OF SAID LOT 4, SAME BEING THE CENTERLINE OF SOUTH COPPELL ROAD, 102.00 FEET TO THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE WEST LEAVING SAID EAST LINE OF LOT 4, PASSING AT 30.00 FEET A 5/8 INCH IRON ROD FOUND AND CONTINUING IN ALL A DISTANCE OF 175.00 FEET TO A 1/2 INCH CAPPED IRON ROD FOUND IN THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE NORTH ALONG THE EAST LINE OF CITY OF COPPELL LAND RECORDED IN VOLUME 200,3094, PAGE 797, A DISTANCE OF 102.00 FEET TO A 1/2 INCH CAPPED IRON ROD FOUND IN THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE EAST PASSING AT 145.00 FEET A 1/2 INCH CAPPED IRON ROD FOUND AND CONTINUING IN ALL A DISTANCE OF 175.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 17850.00 SQUARE FEET OR 0.410 ACRES OF LAND. EXHIBIT "A" EXHIBIT ~B'~ F E~HIBIT ' EXHIBIT "D" Z Description of Building 717 S Coppell Rd Front of Building (East Elevation - Figure A) There are three proposed changes to the front of the building. All changes mentioned below are illustrated on the attached full page East Elevation - Front of Building document. One is the removal of the garage doors to be replaced by two windows and a white cultured stone. The second change is to enhance the front pillars on the porch by covering the pillars with the same cultured stone that is used in the garage door area. The pillars would become square instead of round. The third change is to include an ornamental iron railing on the porch in between the front pillars parallel to the building. The railing will also be placed between the last pillar and the building (perpendicular to the building) on the North facing side of the porch_ The rest of the front will retain the same look. The salmon colored brick will not be changed. Photos of the existing salmon colored brick are anaehed. Side of Building (South Elevation - Figure D) This side of the building will retain the same look including keeping the salmon colored brick. Photos of the existing salmon colored brick are attached. Back of Building (West Elevation - Figure B) The wood enclosed deck will be removed from the back of~e buiidLqg. This side of the building will retain the same look including kecping the salmon cc~Iored brick. Photos of the existing salmon colored brick are attached. Side of Building (North Elevation - FLgure C) This side of the building will retain the same look including kccping tke '~mcn colored brick. Photos of the existing salmon colored brick m-e attached. EXHIBIT "E-l" ~X~LBIT EXHIBIT "F-I"