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OR 91500-A-534 PD-199R4-HC-S-1211R2AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500 -A -534 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 PD- 199R4- HC- S- 1211R2 (PLANNED DEVELOPMENT - 199 - HIGHWAY COMMERCIAL REVISION 4- SPECIAL USE PERMIT -1211 REVISION 2) TO PD- 199R5- HC- S- 1211R2 (PLANNED DEVELOPMENT - 199 - HIGHWAY COMMERCIAL REVISION 5- SPECIAL USE PERMIT -1211 REVISION 2) TO REVISE THE DETAIL SITE PLAN TO ALLOW THE SUBDIVISION OF LOT 4 INTO TWO LOTS, RECOGNIZING THE EXISTING DEVELOPMENTS AND ADDING PD CONDITIONS, ON 2.2 ACRES OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF S.H. 121 AND MACARTHUR BLVD. AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A ", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE REVISED DETAIL SITE PLAN, ATTACHED HERETO AS EXHIBIT `B" ; 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- 199R5 -HC 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 zoning from PD- 199R4 -HC- TM 40126.2.102609 S- 1211R2 (Planned Development- 199 - Highway Commercial Revision 4- Special Use Permit - 1211 Revision 2) to PD- 199R5- HC- S- 1211R2 (Planned Development- 199 - Highway Commercial Revision 5- Special Use Permit -1211 Revision 2), to revise the detail site plan to allow the subdivision of Lot 4 into two lots, recognizing the existing developments and adding PD conditions, on 2.2 acres of property located at the southwest corner of S.H. 121 and MacArthur Blvd., 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 following development conditions as set forth herein below; A) The proposed Planned Development shall comply with the regulations set forth in Zoning Ordinance Numbers 95100 -A -318, 95100 -A -410 and 95100 -A -440, except as amended herein. B) Fifty -one (51) parking spaces shall be provided for the medical office use on Lot 4R2, and twenty -six (26) parking spaces shall be provided for the retail use on Lot 4R1. C) Landscaping shall not be required along the internal lots lines between Lots 4R1 and 4R2. D) Side yard setbacks of 30 feet and 7.5 feet for Lots 4R1 and 4R2 respectively, shall be provided as indicated on the Revised Detailed Site Plan, attached as Exhibit `B ". E) There shall not be any doors located on the west side of the building on Lot 4R2. F) Lots 4R1 and 4R2 (originally Tract 4) shall each be allowed one (1) monument sign, each of which will display the name of both the retail/office and automotive service center, the square footage of each above reference sign shall TM 40126.2.102609 not exceed sixty (60) square -feet. This multi- tenant monument sign shall adhere to all provisions of Section 12- 29- 4.2(A)(iii) in the Code of Ordinances, except that the "Firestone" name may be larger than the other tenant's name. All letters shall be black. SECTION 3. That the Revised Detail Site Plan attached hereto as Exhibit `B" respectively, and made a part hereof for all purposes as special conditions, is hereby approved. SECTION 4. That the above property shall be developed and used only in the manner and for the purpose provided for by the Highway Commercial (Highway Commercial) District regulations, 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, 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. 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, TM 40126.2.102609 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 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 from and after its passage and the publication of its caption, as the law and charter in such cases provide. C', DULY PASSED by the City Council of the City of Coppell, Texas, this the /Q day of , 2009. APPROV ROBERT E. HAG (REH /cdb Revi ITY ATTORNEY & Revised 10/28/09) APPROVED: TM 40126.2.102609 LEGAL DESCRIPTION LOT 4R1 WHEREAS Texas 121 Realty Partners LLC are the owners of a tract of land situated in the C. G. Woolsey Survey, Abstract No. 1402, the Thomas B. Garvin Survey, Abstract No. 506, and the J. H. Donald Survey, Abstract No. 1696, Denton County, Texas and being Lot 4, Block A, Amending Plat of Vista Point 1I, an addition to the City of Coppell, recorded in Cabinet W, Slide 598 of the Plat Records of Denton County, Texas, and as described in deed from MacArthur Ridge Partners, Ltd. to Texas 121 Realty Partners LLC as recorded in Document No. 2005 -39579 of the Decd Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod with a cap stamped "YC" found at the northwesterly corner of said Lot 4, Block A, Vista Point 11 and being on the southerly right-of-way line of State Highway 121 (Vista Ridge Boulevard - a variable width right -of -way) and being the beginning of a non - tangent curve to the right having a central angle of 02° 04' 15 ", a radius of 3804.72 feet and being subtended by a 137.51 foot chord which bears North 66° 47' 08" East; THENCE, along said curve to the right and along the southerly right -of -way line of said State Highway 121 in a northeasterly direction, an arc distance of 137.52 feet to a 5i8" iron rod with a cap stamped "PATE" set for corner, THENCE South 23' 07' 02" East, departing the southerly right -of -way line of said State Highway 121, a distance of 75.19 feet to an "X" cut in concrete for a comer; THENCE South 66= 57' 57" West, a distance of4.09 feet to an `X" in concrete for a comet; THENCE South 23° 01' 51" East, a distance of 200.35 feet to an "X" cut in concrete for a corner on the northerly line of Lot 5, Block A, Vista Point II; THENCE South 66° 53' 03" West, along the northerly line of said Lot 5, Block A, Vista Point II, a distance of 55.10 feet, to a 5;8" iron rod with a cap stamped "PATE" found at the northwesterly corner of saic Lot 5, Block A, Vista Point Il and also being the on the easterly line of Lot 2, Block A, Vista Point II; THENCE North 23° 06' 57" West, along the easterly line of said Lot 2, Block A, Vista Point II, a distance of 11.50 feet, to a 1 2" iron rod with a cap stamped "VC" found at the most northerly corner of said Lot 2; THENCE South 66° 53' 03" West, along the northerly line said Lot 2, Block A, Vista Point II, a distance of 79.01 feet, to a 1/2" iron rod with a cap stamped "YC" found for the southeasterly of Lot 3, Block A, Vista Point II; THENCE North 22° 53' 59" West, along the easterly line of said Lot 3, Block A, Vista Point II, a distance of 263.80 feet to the POINT OF BEGINNING and containing 36,314 Square Feet or 0.834 of an acre of land, more or less. EXHIBIT "A -1" LEGAL DESCRIPTION LOT 4R2 WHEREAS Texas 121 Realty Partners LLC are the owners of a tract of land situated in the C. G. Woolsey Survey, Abstract No. 1402, the Thomas B. Garvin Survey, Abstract No. 506, and the J. H. Donald Survey, Abstract No. 1696, Denton County, Texas and being Lot 4, Block A, Amending Plat of Vista Point 11, an addition to the City of Coppell, recorded in Cabinet W, Slide 598 of the Plat Records of Denton County, Texas, and as described in deed from MacArthur Ridge Partners, Ltd. to Texas 121 Realty Partners LLC as recorded in Document No. 2005 -39579 of the Deed Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2" iron rod with a cap stamped "YC" found at the northwesterly corner of said Lot 4, Block A, Vista Point II and being on the southerly right -of -way fine of Stare Highway 121 (Vista Ridg e Boulevard - a variable width right -of -way) and being the beginning of a non - tangent curve to the ri ght having a central angle of 02° 04 15", a radius of 3804.72 feet and being subtended by a 137.51 foot chord which bears North 66° 47' 08" East; THENCE, along said curve to the right and along the southerly right -of -way line of said State Highway 121 in a northeasterly direction, an arc distance of 137.52 feet to a 5/8" iron rod with a cap stamped "PATE" set for corner, the POINT OF BEGINNING and being the beginning of a curve to the right and having a central angle of 02° 33' 07 ", a radius of 3804.72 feet and being subtended by a 169.44 foot chord which hears North 69° 05' 49" East; THENCE, along said curve to the right and along the southerly right-of-way line of said State Highway 121 in a northeasterly direction, an arc distance of 169.46 feet to a I/2" iron rod with a cap stamped "YC" found at the northwesterly corner of a cutback line at the intersection of the southerly right -of -way line of said State Highway 121 and the westerly right -of -way line of MacArthur Boulevard (a 120' right -of -way); THENCE South 63° 57' 11" East, along said cutback line, a distance of 105.72 feet to a 5/8" iron rod found with "Carter & Burgess" cap at the southeasterly corner of said cutback line and being on the westerly right -of -way line of said MacArthur Boulevard; THENCE South l 1 ° 06' 09" East, along the westerly right -of -way line of said MacArthur Boulevard, a distance of 96.49 feet to a 5r'8" iron rod with a cap stamped "PATE" found at the beginning of a non - tangent curve to the right, having a central angle of 01° 57' 06 ", a radius of 2792.79 feet and being subtended by a 95.13 foot chord which bears South 17 16' 33" East; THENCE, along said curve to the right and along the westerly right -of -way line of said MacArthur Boulevard, an arc distance of 95.13 feet to a 5/8" iron rod with a cap stamped "PATE" found at the northeasterly corner of Lot 5, Block A, Vista Point 11; THENCE South 66° .53' 03" West, along the northerly line of said Lot 5, Block A, Vista Poirit 11, a distance of 213.08 feet, to an "X" cut in concrete for a comer; THENCE North 23° 01' 51" West, departing the northerly line of said Lot 5, Block A, Vista Point II, a distance of 200.35 feet to an "X" cut in concrete for a coiner; THENCE North 66° 57' 57" East, a distance of 4.09 feet to an "X" cut in concrete for a corner; TIIENCE. North 23° 07 minutes 02 seconds West, a distance of 75.19 feet to the POINT OF BEGINNING and containing 59,606 Square Feet or 1.368 acres of land, more or less. E3H4IBIT "A -2" SUP FOR AUTO CARE GARAGE AND MEDICAL OFFICE BUILDINGS EXIST FIRE HYDRANT EGS7 FOC LOGAN. 1 ,9 ' , EATS r u SFON LINE TAME LINE L2 L3 ESATCFN 19 X 09 200.35 BCAMNG S23 566'57171V SZXO '5 1 T E - ' 41 -' 514 raVg 0000 fa 6.3 6 ) x, ..01CAPPED gal (rxr ) BUILDING NO 2 9,710 SF NNFEEN. RECD TOT. PAAN. .0M0612 . 7 41230657w ( scr yITE 9019 ; TOTALS F .TO REN. NEISCAN OFFTCE .139. ZONAC NO-1956 m 4R) LOT 1R2 61.0ND SF 59.690 SF 6E50 ST 2,210 SF COmENALE , 8 9011 , 5 6. OVEN. NOD, ° ° 000 SPACES SETACES • - • = 3804 72' CH .468 103 4, 1 CH 1 - 50089 L 30697' WN 6 (TIN) PuRPOSE STATEMENT Z:; T"R"" PO rONDITIOAS 01151 r WORN. TO RONAN EINST FRE HYDRANT 10 P1Fuuu 2 510EYARO 5E1.0. SMALL 06 REDUCED TO DIMENSIONS ST/0...6 EX, MVPS, AA, xuru CICLOSINE I No TANOSCANI. AND. INTERNAL PROPER. EINE i5 REQUIRED 9. 99-19.4-6C 3 TNERE SNA6T 6E NO DODOS ON TNE 116S1 S1OE or OUSOINC NO 2 • CAS 61.11.6 SJCNA“ SNALL 66 ALLONSO ON TOTS .0 AND .2 AS Sm.. ON ENSTINC NVROVED MO KAN 5 NONUNEN SONS N. 6 . 1 10 1 . SVEN. SN AFT F. AS PROMO. 0 0- , 99.-mC 6 NIZT •0 Tuf ExiSENG DI.. .0 EFTS ( 0009 04 I( t g . SLIEKeLdti EX/Sr BARRI( Pi FREE RAW uOniuu[Pir us, too" Tv) O - 0E57E6' R 2792 79' CH - 57726'33t • L 95. 75' L 95(5' OTT Of COTTNTF, DENTON CODN. TENAS 0 C3 ARCHITECT 01E01 SENTACESTAN DES,. GROUP. TEC TEXAS 121 REAL. PARTNERS LLC 56 , 1 OTC PANNOTAY. SUITE SOD 5612 OTC PNINWAY, STATE SOO 1171 A, 2 202 ACRES CREENN000 MLLAGE. CO 80111- 2026 GREENNOCO NNEACE. CO Will .10. BEINC A REPEAT Of T C S O L N1 ' 41 - ' Flor4 " 2 . MEtE ''''- 2" ' TEl . 220- 529- 2840, 1 •X. 720- 529-.41 .15. MOLE LOT SA. BLOCK C CAONET u. CONTACT 1.66 T PEROV PAGE 776 9 R Dar C II .1 N TEM ' 67 ;PAL 1 ML .111 LANOSCAPE ARCHITFCT C.C. 60.561 SURVEY NEIST NO .01 LANOSCAPE ANCNIVCTS IHCAINS IS CA.. 5112VET. ABST NO 506 612 4°'''',.'7, SIJITE S-700 1706 NORSE ... STNEET JP. DONALD WiTory 0.9ST NO 1666 0.1. TX 75247 DALLAS. TX 75202 MN TN., SAY, .51 NO , 25e TEL 214- 257-296.1. F..21.257- 2965 NE 2.-671-0.2 FAX 217 2 CONTACT 6RAN J DENO. CONTACT BRIAN 0 ADAMS 0 GRAPHIC SCALE VICINITY MAP NOT TO SC.E PROJECT BENCEUVI O cur • cENTERLNE 00 04,01 ON ro V.V. • NM 66' PROJECT BENVINAJM 44 • 0 OJT • COOT.. Cs NEET 00 WISF CURS L. OF M.Ofn■lua R000 Ald, ACTCTRox NOE SODT6 OF STAN FACNIONY 121 WO ...N. 60. INTERSECTION (FL.NON 4147 29 Trois LOY.moNG Ho Koko elOrOSES ONLY ANO SpoLL 001 00 9507 I'DO MOW. 1 OR CONSTRUCTION MAN J 06.6, RE 12095 009 00 e0215 DATE sEAT. o2. mos PATE 4 ENGINEERS 9150 EIROOMMMEN DRIVE NAM S-700 DALLAS TEXAS 752. 6/25/011 9 0 1 CONNISSION 0909061S - y - VISTA POINT N LOT 411 ANO 412. BLOCK A KUM SAT PLAN WY Of COPPED. 000044 COON,. TEXAS 9 •TT 9 994911 11909794099 00.1