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CC Memo & Ordinance1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: October 9, 2018 Reference: Consider approval of an Ordinance for PD-250R24-H, Coppell Arts Center to allow the development of an approximate 32,370 square-foot Coppell Arts Center on 3.044 acres of property located on the south side of Travis Street, east of Hammond Street, and authorizing the Mayor to sign. 2030: Business Prosperity Executive Summary: This is the approval of the Ordinance for the Coppell Arts Center Detail Planned Development. Introduction: This will allow the development of a 32,370 square-foot theater use on city-owned vacant property. This location is ideal for an arts center, as it will energize and bring people to the area. In turn, they will support the existing Old Town businesses and will hopefully spur the build-out of the remaining parcels. In the original Site Plan presented to the Planning and Zoning Commission, verbiage was included to allow a digital sign on the northeast corner of the site to be approved by staff at a later date. The Planning and Zoning Commission recommended that this condition be deleted. The idea was presented at the Council Work Session on August 28, 2018. Council was not interested in pursuing it; therefore, it has been deleted from the Site Plan and conditions. Analysis: On September 11, 2018 the City Council unanimously approved this PD request, subject to the following conditions which are incorporated in the Ordinance: 1. The following PD Conditions which are variances to the Historic District: a. The predominant height of the building is 30'-11", with a high roof set back from the front elevation at 48'-3", which is the minimum stage height required to support the Theatre program. b. The gross square footage of the building is 32,370 SF. c. Driveways at the fire lane are 30'-0" wide to accommodate emergency vehicle access given the proximity of the fire lane to Burns Street. 2 d. The building is supported by a foundation at-grade to provide accessible access at all entrances & exits, rather than raised and constructed of brick as required in the Historic District. e. Fences and Walls - "(B) Wood board fences for privacy shall only be located in rear yards; (C) Walls of freestanding brick are not permitted in front yards [...]"Proposed: Brick and wood screen walls are provided at the Garden to create an "outdoor room" for semi-private uses associated with the Multipurpose space. f. The Director of Community Development shall be given the authority to administratively approve the design of the gazebo at a later date. On August 16, 2018, the Planning & Zoning Commission recommended APPROVAL (3-2), subject to the conditions which have been incorporated into the ordinance. Legal Review: The City Attorney reviewed this Ordinance. Fiscal Impact: None Recommendation: The Planning Department recommends approval. Attachments: 1. Ordinance 2. Exhibit A – Legal Description 3. Exhibit B – Detail Site Plan 4. Exhibit C - Landscape Plan 5. Exhibit D – Building Elevations 6. Exhibit E – Typical Elevations 7. Exhibit F - Old Town Parking Plan ANORDINANCE OF THECITY OFCOPPELL, TEXAS ORDINANCE NO. 91500-A-731 ANORDINANCEOFTHE CITY OFCOPPELL, TEXAS, AMENDING THECOMPREHENSIVE ZONINGORDINANCE AND MAPOFTHECITYOF COPPELL, TEXAS, ASHERETOFOREAMENDED, BYGRANTING A CHANGE IN ZONING FROM PD-250R8-H (PLANNED DEVELOPMENT DISTRICT- 250 REVISION 8 – HISTORIC) TOPD-250R24-H (PLANNED DEVELOPMENT DISTRICT- 250REVISION 24 – HISTORIC) TOALLOW THE DEVELOPMENT OF ANAPPROXIMATE 32,370 SQUARE-FOOT PERFORMING ARTS CENTER AND THEATER ON3.044ACRESOF PROPERTY LOCATED ON THESOUTH SIDEOFTRAVIS STREET, EAST OFHAMMOND STREET, AND BEING MOREPARTICULARLY DESCRIBED INEXHIBIT “A” ATTACHED HERETO ANDINCORPORATED HEREIN; PROVIDING FORAPPROVALOFTHE DETAIL SITEPLAN, LANDSCAPE PLAN, BUILDING ELEVATIONS, TYPICAL ELEVATIONSANDOLDTOWN PARKING PLAN, ATTACHED HERETO ASEXHIBITS “B” THOUGH “F”; AND, PROVIDINGFOR DEVELOPMENTREGULATIONS; PROVIDINGA REPEALINGCLAUSE; PROVIDING ASEVERABILITYCLAUSE; PROVIDINGA SAVINGSCLAUSE; PROVIDING APENALTYOFFINE NOT TOEXCEED THESUMOF TWOTHOUSANDDOLLARS ($2,000.00) FOR EACHOFFENSE; ANDPROVIDING ANEFFECTIVEDATE. WHEREAS, theCityPlanning andZoning Commission andthegoverningbody oftheCity of Coppell, Texas, incompliance withthelawsoftheState ofTexasandpursuanttothe Comprehensive ZoningOrdinanceof theCityof Coppell, have givenrequisitenoticesbypublication andotherwise, andafterholding duehearings andaffording afullandfairhearing to allproperty owners generally, andtoallpersons interested and situated intheaffected areaand inthevicinity thereof, thesaidgoverning bodyisoftheopinion thatZoning ApplicationNo. PD-250R25-Hshould beapproved, andin theexercise of legislative discretion have concluded thatthe Comprehensive Zoning OrdinanceandMap should beamended. NOW, THEREFORE, BEITORDAINED BY THECITYCOUNCIL OFTHECITY OF COPPELL, TEXAS: SECTION1. ThattheComprehensive ZoningOrdinance andMap oftheCityofCoppell, Texas, dulypassedby thegoverningbodyoftheCityof Coppell, Texas, asheretofore amended, be andthesameishereby amendedbygranting achange inzoning fromPD-250R8-H (Planned Development District- 250Revision8 – Historic) toPD-250R24-H (PlannedDevelopment District- 250Revision24 – Historic) to allow thedevelopment of anapproximate 32,370 square-foot Performing ArtsCenterandTheateron3.044acresofproperty located onthesouthsideofTravis CityofCoppell Ordinance Pg1 TM102982 Street, east ofHammond Street, for theproperty describedinExhibit “A” attached heretoandmadea part hereofforall purposes. SECTION2. Thatthe Property willbeconstructed, maintainedandusedinaccordancewith theCode ofOrdinances, isherebyapproved andsubject tothefollowingdevelopment regulations: A. Exceptas amended herein, theproperty shallbe developedin accordance withthe PlannedDevelopment Ordinance, No. 91500-A-615, as amended, which are incorporated hereinassetforthinfull andhereby republished. B. AsindicatedinExhibit “B” the DetailSite Planfor thefacility, shall meetthe following development regulations: a. Themaximumheightofthebuildingshall be50 feet. b. Thegrosssquarefootage ofthebuildingshall beapproximately 32,500square feet. c. Maximumdrivewaywidth shallbe30'-0" asdepicted onsaid Exhibit. d. Thebuildingissupportedbyafoundation at-grade toprovide American with disabilities approved accessible accessatallingress andegress. e. Brickand wood screen wallsare providedattheGarden tocreatean "outdoor room" forusesassociated withtheMultipurpose space. Thisshallbepermitted tobelocated inthefrontyard along adjacentandparalleltoHammond Street. f. TheDirector ofCommunity Development shallbegiven theauthority to administratively approvethedesign ofthegazebotobecompatible withthe materialsofthesurrounding areaandthestyleofthemainstructure assetforth inthebuildingelevation atalater date. SECTION3. Thatthe DetailSitePlan, Landscape Plan, Building Elevations, Typical Elevations andOld Town Parking Plan, attached hereto asExhibits “B” though “F”; respectively, shall bedeemedasdevelopmentregulations forthisdevelopment. CityofCoppell Ordinance Pg2 TM102982 SECTION 4. Thattheabovepropertyshallbe usedonlyinthe manner andfor thepurpose providedforbytheComprehensive Zoning Ordinance oftheCityofCoppell, asheretofore amended, andasamendedherein. SECTION5. Thatthedevelopment ofthepropertyherein shallbein accordance with buildingregulations, zoning ordinances, andanyapplicableordinances except asmaybespecifically altered oramended herein. SECTION6. Thatallprovisions oftheOrdinances oftheCityofCoppell, Texas, in conflict withtheprovisions ofthisordinance be, andthesamearehereby, repealed, and allotherprovisions notinconflictwiththeprovisionsofthisordinanceshallremain in fullforceandeffect. SECTION7. Thatshould anysentence, paragraph, subdivision, clause, phrase orsection of thisordinancebeadjudgedor heldto beunconstitutional, illegalorinvalid, thesame shallnotaffect thevalidityofthisordinance asawhole, oranypartorprovisionthereofotherthan thepartso decided tobe unconstitutional, illegal orinvalid, andshallnotaffectthevalidity oftheComprehensiveZoning Ordinanceasawhole. SECTION8. Anoffense committedbeforetheeffective dateofthisordinanceisgoverned byprior lawandtheprovisionsoftheComprehensive ZoningOrdinance, asamended, ineffectwhen the offensewascommitted andthe formerlaw iscontinuedineffect forthis purpose. SECTION9. Thatanyperson, firmorcorporation violating anyof theprovisionsorterms ofthisordinance shallbesubject tothesamepenalty asprovided forintheComprehensive Zoning Ordinance oftheCityofCoppell, asheretofore amended, andupon convictionshallbepunishedbya fine nottoexceed thesumofTwoThousand Dollars ($2,000.00) foreachoffense; and eachand every daysuchviolation shallcontinue shallbedeemed toconstitutea separateoffense. SECTION10. Thatthisordinanceshalltakeeffect immediatelyfromandafteritspassage andthepublication ofitscaption, asthelawandcharter insuchcases provide. CityofCoppell Ordinance Pg3 TM102982