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CC approval of ORD 8/9/05AGENDA REQUEST FORM COPPELL DEPT:~I Planning DATEi August 9, 2005 ITEM #: 8/E ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-203R-R, Nationwide Insurance, zoning change from PD-203- R (Planned Development-203-Retail) to PD-203R-R (Planned Development-203 Revised-Retail) to amend the Planned Development to allow the construction of a 3,028-square-foot Office building on 0.42 of an acre of property located at the southwest comer of Sandy Lake and Moore Roads, and authorizing the Mayor to sign. GOAL(S): APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve Ord. # 91500-A-414 M - Peters S - York Vote - 7-0 EXECUTIVE SUMMARY: Date of P&Z Meeting: Decision of P&Z Commission: N/A N/A On June 16, 2005, the Planning Commission approved this zoning change (4-2). On July 12, 2005, Council unanimously approved this zoning change (6-0). Staffrecommends approval. Agenda Request Form - Revised 09/04 Document Name: ~PD-203R-R ORD I-AR(Con) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE 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 I~D-203-R (PLANNED DEVELOPMENT-203-RETAIL) TO PD-20JR-R (PLANNED DEVELOPMENT-203 REVISED-RETAIL) TO AMEND THE PLANNED DEVELOPMENT TO Al,LOW THE CONSTRUCTION OF A 3,028- SQUARE-FOOT OFFICE BUILDING ON 0.42 OF AN ACRE OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SANDY LAKE AND MOORE ROADS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN, SPECIFICATIONS, TREE MITIGATION AND LANDSCAPE PLAN, ELEVATIONS, AND FLOOR PLAN, ATTACHED HERETO AS EXHIBITS "B", "C", "D", "E", AND "F", 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 aiter 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 opimon that Zoning Application No. PD-203R-R should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOV~', 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 CoppeI1, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby mnended to grant a change in zoning from PD-203-R (Planned Development-203-Retail) to PD-203R-R (Planned Development-203 Revised-Retail) to amend 76102 the Planned Development to allow the construction of a three thousand twenty eight (3,028) square-foot office building on 0.42 of an acre of property located at the southwest comer of Sandy Lake and Moore Roads, 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 following development conditions as set forth hereinbelow; A. The perimeter landscaping along Moore Road and the southern property line shall be reduced to as depicted on the Detail Site and Landscape Plans. B. A depth of the parking spaces perpendicular to Sandy Lake Road right-of-way shall be a minimum of seventeen feet six inches (17'6"), without providing additional landscaping. SECTION 3. That the Detail Site Plan, Specifications, Tree Mitigation and Landscape Plan, Elevations and Floor Plan, attached hereto as Exhibits "B", "C", "D", "E", and "F", respectively, and made a part hereof for all purposes as development regulations, are hereby, approved. SECTION 4. That the above property shall be used only in the maturer 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, subdi:vision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not 2 76102 affect the validity of this ordinance as a whole, or any part or provis decided to be unconstitutional, illegal or invalid, and shall Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective d. by prior law and the provisions of the Comprehensive Zoning O when the offense was committed and the former law is continued in on thereof other than the part so tot affect the validity of the rte of this ordinance is governed 'dinance, as amended, in effect 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 f4r in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shalI 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 constitut4 a separate offense. SECTION 9. That this ordinance shall take effect immedibtely from and after its passage and the publication of its caption, as the law and charter in such case! provide. DULY PASSED by the City Council of the City of Coppell! Texas, this the ,2005. ~ MaPROVED: DOU -C,S SM^YOR ATTEST: '~'L-I~B'~ BAI~L(~ITY APpT~ffffR~TORNEY (REH/cdb 7/26/05) ~Tt/~day of 3 76102 LEGAL DESCRIPTION Whereas DAVID V. COSTELLO, by the deed recorded in Volume 2004179, Page 05842, Deed Records, Dallas County, Texas, is the owner of o part of Lot 1, Block A, Stringfellow Addition, on addition to the City of Coppell, according to the plat recorded in Volume 47, Page 195, Map Records, Dallas County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a 5/8-inch capped steel rod marked :"JDJR" set at the northeast corner of Lot 9, of said Block A, Stringfellow Addition, same point being located in the south line of Sandy Lake Road (a 95 foot right-of-way); Thence North 89 degrees 15 minutes 14 seconds Et]st with the said south line of Sandy Lake Road, a distance of 127.20 feet to a 5/8-inch capped steel rod marked "JDJR" set at the northwest end of a corner clip located at the southwest intersection of the said south line of Sandy Lake Read and the west line of South Moore Road (a 60-foot right-of-way); Thence South 55 degrees 21 minutes 34 seconds Er]st with said corner clip, a distance of 27.60 feet to a 5/8-inch capped steel:rod marked "JDJR" set at the southeast end of said corner clip; Thence South O0 degrees 21 minutes O0 seconds Wlest with the said west line of South Moore Road, a distance of t10.24 feet to a [/8-inch capped steel rod marked "JDJR" set at the northeast corner of Lot 2, of said Block A, Stringfellow Addition; Thence South 89 degrees 21 minutes O0 seconds West with the north line of said Lot 2, Block A, a distance of 150.00 feet to o 5/8Linch capped steel rod marked "JDJR" set at the northeast corner of Lot 8, of saicl Block A, Stringfellow Addition; Thence North O0 degrees 21 minutes O0 seconds East with the east line of aforesaid Lot 9, a distance of 125.97 feet to the PEACE OF BEGINNING. Containing a computed area of 18,729 square feet er 0.420 acres of land. sv,×a3_ ~[NddoD uo!l!ppv ,~o[[aJ~uUls~v/[ lo'1 aou'amsuI AquMeJp ~ ~,.Z~,.,,~]~] dnoJgU~6~ I SV~L ']l]ddOg J avo~ a~oo~ 's ~o~ I; ~J ~ 'q", ~3N~FISNI ::I(]IMNOIIVN J~'!J ~-~ EXHIBIT "D" EXHIBIT EXHIBIT