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Council Memo & Ordinance1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: July 11, 2017 Reference: Consider approval of an Ordinance for PD-286-R, Pecan Creek Shopping Center (Pecan Creek Addition), Lot 2, Block A, to allow the development of office, restaurant and retail uses on 2.5 acres of property located at the northeast corner of S. Denton Tap Road and the DART R.O.W., and to amend the Future Land Use Plan of the Comprehensive Plan from “Urban Residential Neighborhood” to “Neighborhood Center Retail” on property located along the east side of S. Denton Tap Road, between E. Bethel Road and the DART R.O.W., west of the centerline of the creek, containing approximately 8 acres of land. 2030: Business Prosperity Executive Summary: Site Plan indicates two retail/restaurant/office buildings. PD zoning is required to allow for variances to the screening requirement and the number of exterior wall surface colors permitted in the Zoning Ordinance. Introduction: This request is to develop this property in accordance with the provisions of the existing Retail zoning district regulations, except for two deviations; one relates to screening and the other the colors on the exterior façade. The southern 40% of the property abuts a residential zoning district, therefore a 6-foot masonry screening wall would normally be required. However, the portion of the property with residential adjacency is physically and visually separated from the residences by a heavily treed, creek area. Moreover, the closest existing home is over 200 feet from the retail property line and the Site Plan indicates the buildings to be setback 160 +/- feet from the mutual property line. Therefore, given the over 360-foot separation between these uses, the waiving of the screening wall along this portion of the property is appropriate. The building elevations comply with the provision of the Retail district in terms of masonry requirement and the maximum percentage of windows on any façade. However, the inclusion of three colors exceeds the threshold of 5% permitted to be accent colors, as included in the Zoning Ordinance. This variance is appropriate given the overall aesthetics of the building and the compliance with all other provisions of the masonry requirement. 2 Analysis: On June 13, 2017, the City Council unanimously approved the Amendment to the Future Land Use Plan of the Comprehensive Plan from “Urban Residential Neighborhood” to “Neighborhood Center Retail” on approximately 8 acres and approval of PD-286-R on 2.5 acres. The applicable outstanding conditions have been incorporated into the Planned Development Ordinance. On May 18, 2017, the Planning and Zoning Commission recommended approval of the Amendment to the Future Land Use Plan of the Comprehensive Plan from “Urban Residential Neighborhood” to “Neighborhood Center Retail” on approximately 8 acres and approval of PD-286-R on 2.5 acres. The following conditions remain outstanding 1. Additional comments may be generated upon detail engineering review and building permit. 2. This property shall be re-platted to provide fire lanes and easements for this development. 3. A Tree Removal Permit will be required prior to the removal of any trees. 4. Correction of the landscape calculations. Legal Review: The City Attorney approved this ordinance. Fiscal Impact: None Recommendation: The Planning Department recommends approval. Attachments: 1. Ordinance 2. Exhibit “A” - Land Use Map Amendment 3. Exhibit “B” - Legal Description 4. Exhibit “C” - Site Plan 5. Exhibit “D” - Landscape Plan 6. Exhibit “E” - Tree Survey 7. Exhibit “F” – Building Elevations AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-712 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 AMENDING THE FUTURE LAND USE PLAN OF THE COMPREHENSIVE PLAN FROM "URBAN RESIDENTIAL NEIGHBORHOOD" TO NEIGHBORHOOD CENTER RETAIL" ON APPROXIMATELY 8 ACRES AS ILLUSTRATED ON EXHIBIT "A" AND GRANTING A CHANGE IN ZONING FROM R (RETAIL) TO PD -286-R (PLANNED DEVELOPMENT - 286 -RETAIL), TO ALLOW THE DEVELOPMENT OF OFFICE, RETAIL AND RESTAURANT USES ON 2.5 ACRES OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF S. DENTON TAP ROAD AND THE DART R.O.W., BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT `B", ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR APPROVAL OF THE DETAIL SITE PLAN, LANDSCAPE PLAN, TREE SURVEY AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS C" THOUGH "F"; PROVIDING FOR DEVELOPMENT REGULATIONS; 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 -286-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 Future Land Use Plan of the Comprehensive Plan as heretofore amended, be and the same is hereby amended by changing the designation of approximately eight (8) acres of land from "Urban Residential Neighborhood" to "Neighborhood Center Retail" as set forth in Exhibit A; and that the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, City of Coppell Ordinance - Page 1 TM 87419 duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from R (Retail) to PD -286-R (Planned Development -286 -Retail), to allow the development of office, retail and restaurant uses on 2.5 acres of property located at the northeast corner of S. Denton Tap Road and the DART R.O.W. for the Property described in Exhibit "B" attached hereto and made a part hereof for all purposes. SECTION 2. That the Property will be used and developed in accordance with Retail zoning regulations as provided in the Code of Ordinances, is hereby approved subject to the following development regulations: A. In lieu of a masonry screening wall along the west property line, where adjacent to single family zoning, the existing tree line shall be preserved as indicated on the Tree Survey and additional trees will be planted is indicted on the Landscape Plan, attached hereto as Exhibits "D" and "E" respectively, to form a natural screening; and, such screening shall be maintained by the property owner. B. Building Elevations attached hereto as Exhibit "F" shall be approved, subject to compliance with Building Code regulations, as amended. C. This property shall be re -platted to provide fire lanes and mutual access easement for the property abutting to the north and other necessary utilities and access easements required for this development. D. A Tree Removal Permit will be required prior to the removal of any trees. E. The building signage for the development shall be consistent and complaint with the Sign Provisions of the Comprehensive Zoning Ordinance, as amended. City of Coppell Ordinance - Page 2 2 TM 87419 SECTION 3. That the Detail Site Plan, Landscape Plan, Tree Survey and Elevations attached hereto as Exhibits "C" through "F", respectively are hereby approved as development regulations for such Planned Development. 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 the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions ofthe 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 7. 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 ofthis 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 8. 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 9. 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 for in the Comprehensive Zoning Ordinance ofthe City of Coppell, as heretofore amended, and upon conviction shall be punished by a City of Coppell Ordinance - Page 3 3 TM 87419 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 10. 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 V, day of 2017. ROBERT E. HAGER, CJ;VY ATTORNEY City ofCoppell Ordinance - Page 4 I TM 87419 V Coppell 2030, A Comprehensive Master Plan Urban Residential Neighborhood" to "Neighborhood Center Retail" r r frf 1 Parks and Open Space Residential Mixed Use Community Center High School 0 City Facility i 1 NeighborhoodB No Residential) f Middle School N Religious Facility n r r i Urban Residential Neighborhood Freeway SpecialDistrict Elementary School A Cemetery Neighborhood CenterRetail IndustrialSpecial District OtherSchool Facility `' r' ° DFW DNt65 Contour A comprehensive plan shallnot Q5 Old Coppell Historic District Transit Oriented Development jir Floodplain4,establish consitute zoning regulationsor zoning district boundaries, Mixed Use Community center Or Single ResidentialBY } DARTRail Corridor and'aLyMtoapp,w*lbyFdata s esminaryhppwalhyfEttP ievised:Jti1y2016 EXHIBIT "A" LEGAL DESCRIPTION FOR LOT 2, BLOCK A OF PECAN CREEK ADDITION Being all of Lot 2, in Block A of PECAN CREEK ADDITION, an Addition to the City of Coppell, Dallas County, Texas, according to the plat thereof filed 10/11/2007, recorded in cc# 20070367017, Real Property Records, Dallas County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch rod found at the intersection of the East Line of Denton Tap Road 100 foot R.O.W) with the Northwesterly line of a former St. Louis & Southwestern Railroad 100 foot R.O.W), now a part of the Dallas Area Rapid Transit (DART) system; THENCE North 00° 55' 53" East, along the said East line of Denton Tap Road, a distance of 481.41 feet to a "X" Cut, found in concrete drive approach, said point also being the most Southwesterly corner of Lot 1, Block A of said Pecan Creek Addition; THENCE South 89° 04' 08" East, departing the said East line of Denton Tap Road, and along common line of said Lot 1 and 2, a distance of 247.26 feet to a 1/2 iron rod found for corner. THENCE South 00° 55' 52" West, a distance of 248.42 feet to a point in a small unnamed creek for corner. THENCE South 03° 15' 39" East, continuing along the bottom of said small creek for a distance of 39.40 feet, to a point for corner, said point being in the Westerly line of Block B of Creek View Addition, an addition to the City of Coppell, Dallas County, Texas, according to the map thereofrecorded in Volume 88116, Page 3069, Deed Records, Dallas County, Texas; THENCE in the Southerly direction and along the said bottom line ofthe small creek and said West line of Block B of Creek View Addition as follows: South 43° 0l' 10" West, a distance of 26.29 feet to a point for corner; South 12° 45' 27" West, a distance of 54.94 feet to a point for corner; South 18° 37' 05" East, a distance of 34.54 feet to a point for corner; South 19° 42' 56" West, a distance of 29.70 feet to a point for corner in the Northwesterly line of said DART right-of-way, said point being the most Southwesterly corner of said Block B of Creek View Addition; THENCE South 75° 57' 00" West, along said DART right-of-way, for a distance of 231.11 feet, to the POINT OF BEGINNING and containing 108,577 square feet or 2.4926 acres of land more or less. EXHIBIT "B" I9 z I 9 SAFDENTONT \ROAD A - .PR@.. t ^SMuiEn uc...... g1p " ucii tlEvi hiw 0 '#1 os. i I ./' ' ' ° # ; Saar _ I,H" g r _ __ _ k v crew off Ll__ }:_ SGMtl6 _AAG._ _ ____/_'____ _ ___ _ ____. #. <__. _L __ e:_•___ ___, _ ___ _ ESU"uy Zpp u p 6i. SgCXMX II Ili i•`•\'\ia__e ..'--------------------- II III `\\111, 1111 \II \{51 \• \\ Aro R - - -- •;8€, ',I f III11II IN a \\\ y IOW oaoo. s•Af-u --. , _ a ; V i Illus\\h•,. 4"`'` -- —'• •._.\ QaS< ;fe a , a g 1 t .\SY\` ` >` ` __ __SU•55'Si'Y --7lB:IY' - Axu .- tl $ \f... y\S_-------------------- -- R \`\ \ '1•\ .tea\ \\ ;\ € b b. ;ti- Hill o. I Om txj Ca ypp a m- pacg M1I1 7 pe r1'i 1 •-3 r• ,: i Zy Z BETON 3m r 2 i m P° NN ar P EXHIBIT "C" all S. DENTON TAP POAD P2 f s119.i G it\ o M 6 248.4 It fill qf 11 1 1 111111 fill lip I o 1 M? I oil IF Fill y Exhibit "Y' avoids landscape aachllects BILAW RETAIL CENTER BLDCK,4 LOTS I J2 array CaPPELL, OSVMNCOUNT; nMS S. DENTON TAP ROAD i i i ao I E u. Y Y z zz a nkY- ' -, Q m= R: [J C7 N x o 3sYm 4 rp fNoz 17.0 z a Z L] 29 V C] o C! 3;s z alp >g EXHIBIT "E" aroids landscape aiehitects o PECAN CREEK SHOPPING CENTER ALOCKA, LOTS fi 2 CITYOF COPPELLI DENTONCOUNTY TEXAS ni T r>- LV) D S FS 1 I z 1, mZl o' m F- EA I v m r,' CC z C- r i Ij ° yroHIM C r r V/ H a TfliW I I It 0 F I;- S FT - c/7) m g I I p ne, tug_ Si 1 ra I bFIt o s + i M N 11 M 11 M N N M M N N Mfii IT "F" I )" i o a => CONSULIAN S: 0n enc PRO -ECT: PD -286-R PECAN CREEK µ Cm of ALLEN JAMCS TERRILL h ASSOCIATESco = ' 2 "2. PO -286-R A73 IDN, RACK n• e PiASE: SCHEMATIC DESIGN HUNTINGDON, 'A 16652NcPECANCREEKSHOPPINGCENTERcP COPPELL - TX U2AWIN0 IIILL: ENGINEERING (): 214/695-5834 C): 714/695-5834sm- SCALE: AS NOTED ENGINEERING KYxs E -MAL Etat 118230 m<'.can q 5 DE NTON TAP Rn I N SLI 1. kb.. fill 14 IQ is H W o l5 q S p 8 at r r >, >, XHIBI "F" 2 OF 2 W H75 05 nucgoq PRO.ECT: PD -286-R PECAN CREEK WNSULIAN S: N PD -286-R PECAN CREEK P I SE: SCHEMATIC DESIGN wtw c—oc— ALLEN JAMES TERRILL a ASSOCIArc= 3 O, IIONS RACKR2UNTINGOON, SHOPPING CENTER COPPELL - TX 02AWING HILL: ENGINEERING H-A 16652 J: 214/695-5834 SCALE: AS NOTED ENCN=EnsENGINEERING C). 214/695-58.14 E—MAIL eternll8230gmt .tom