Loading...
OR 91500-A-547 PD-171R2-HCAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. —fi"'' 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- 171R -HC (PLANNED DEVELOPMENT -171 REVISED- HIGHWAY COMMERCIAL) TO PD- 171R2-HC (PLANNED DEVELOPMENT -171 REVISION 2- HIGHWAY COMMERCIAL), TO REVISE THE DETAIL SITE PLAN TO ALLOW A 3,300 - SQUARE -FOOT SCREENED MECHANICAL YARD ALONG THE SOUTHEAST WALL OF THE EXISTING BUILDING LOCATED AT 750 CANYON DRIVE, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A ", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS "B, "C" AND "D ", RESPECTIVELY; 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 -171 R2- 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 by granting a change in zoning from PD- 171R -HC (Planned Development -171 Revised - Highway Commercial) to PD- 171R2 -HC (Planned Development -171 Revision 2- Highway Commercial), to revise the Detail Site Plan to allow a 3,300- square -foot screened mechanical yard along the southeast wall of the existing building located at 750 Canyon Drive, and being more particularly described in Exhibit "A ", attached hereto and made a part hereof for all purposes. SECTION 2. The property shall be developed and used in accordance with the HC (Highway Commercial) development regulations and standards under the Coppell Zoning Ordinance, except as amended in the development regulation hereinbefore set forth: (A) The three (3) existing Shumard Oak tress shall be transplanted east of the proposed mechanical yard, as shown on the Landscape Plan, attached hereto as Exhibit "C ". (B) The proposed 10 -foot solid wall shall be located and constructed of a plaster material and painted to match the existing building, as shown on the Elevations, attached hereto as Exhibit "D ". (C) Except as amended herein and as provided in this Ordinance, the property shall be developed in accordance with Ordinance 91500 -A -202, which is incorporated herein as set forth in full and hereby republished. SECTION 3. The property shall be developed and as provided on the Site Plan, Landscape Plan and Elevations, attached hereto as Exhibits `B ", "C" and "D ", respectively, and which are made a part hereof for all purposes, which 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 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 2 TM 43149.2.4192010 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, 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. DULY PASSED by the City Council of the City of Coppell, Texas, this the /AAA-1 day of 2010. APPRO AS O F RM: ROBERT E. HAG , CITY ATTORNEY (REWcdb Rev ed & Revised) APPROVED: 41941�� JA E PE ERS, MAYOR ATTEST: LIBBY ALL, SECRET TM 43149.2.4192010 LEGAL DESCRIPTION STATE OF TEXAS COUNTY OF DALLAS BEING a 13.699 acre ( 596,730 square feet) tract of land located in the T.W. Cousy Survey, Abstract No 317, City of Coppell, Dallas County, Texas, and being all of Lot 1 R2, Block 1, of the Replat of GTE Shared Services Center Addition, an addition to the City of Coppell, Dallas County, Texas, as recorded in Instrument No. 200900124402 of the Map Records of Dallas County, Texas (M.R.D.C.T.), and being part of a tract of land described in deed to SP4 750 Canyon, L.P., a Delaware limited partnership, as recorded in Document No. 20070259116, Deed Records of Dallas County, Texas (D.R.D.C.T.), and being more Particularly described as follows: COMMENCING at a 5/8 -inch iron rod found for the southwest corner of said Lot 1 R1, Block 1, said corner being at the intersection of State Highway No. 121 (a variable width public right -of -way), and Canyon Drive (a 60 -foot public right -of -way); THENCE along the north right -of -way line of said Canyon Drive the following three (3) calls; South 45 degrees, 48 minutes, 00 seconds East, a distance of 20.47 feet to a 5/8 -inch iron rod found for the beginning of a non - tangent curve to the right; In an easterly direction, along said curve to the right, having a central angle of 42 Degrees, 38 minutes, 00 seconds, a radius of 339.73 feet, a chord bearing and distance of South 67 degrees, 07 minutes, 00 seconds East, an arc distance of 252.79 feet to a 5/8 -inch iron rod at the end of said curve; South 88 degrees, 26 minutes, 15 seconds East, along the north right -of -way line of said Canyon Drive, a distance of 891.21 feet to a 5/8 -inch iron rod found for the beginning of a non - tangent circular curve to the left; said point also being the POINT OF BEGINNING; THENCE in a northern direction, along said curve to the left, having a central angle of 89 degrees 49 minutes 24 seconds, a radius of 25.00 feet, a chord bearing and distance of North 46 degrees 39 minutes 03 seconds East, an arc distance of 35.30 feet to a point for angle at the end of said curve; THENCE North 01 degree, 44 minutes, 21 seconds East, a distance of 57.55 feet to a point for angle; THENCE North 43 degrees, 36 minutes, 47 seconds West, a distance of 498.52 feet to a point for angle; THENCE North 01 degree, 30 minutes, 57 seconds East, a distance of 289.36 feet to a point for angle; THENCE North 43 degrees, 05 minutes, 34 seconds West, a distance of 85.37 feet to a point for corner; said point being in the southeasterly right -of -way line of said State Highway No. 121; THENCE North 49 degrees 40 minutes 49 seconds East, continuing along the southeasterly right -of -way line of said State Highway No. 121, a distance of 339.48 feet to a monument found for corner in the south right -of -way line of Coppell Road (a variable width right -of -way); THENCE South 89 degrees, 55 minutes, 53 second East, departing the southeasterly right -of -way line of said State Highway No. 121, and along the south right -of -way line of said Coppell Road, a distance of 79.33 feet to a 5/8 -inch iron rod found for corner; THENCE South 88 degrees, 35 minutes, 00 seconds East, continuing along the south right -of -way line of said Coppell Road, a distance of 979.25 feet to a 5/8 -inch iron rod found for the northeast corner of said Lot 1, Block 1, some being the northwest corner of Lot 2, Block 1, of said Replat -Minor Plat GTE Shared Services Addition; EXHIBIT `A' Page 1 of 2 THENCE South 01 degree, 25 minutes, 00 seconds West, departing the south right -of -way line of said Coppell Road, and along the common line with said Lot 2, Block 1, a distance of 110.37 feet to a 5/8 -inch iron rod found for corner; THENCE South 46 degrees, 34 minutes, 16 seconds West, continuing along said common line , a distance of 968.04 feet to a 5/8 -inch iron rod found for corner; THENCE South 01 degree, 33 minutes, 45 seconds West, along said common line, a distance of 93.33 feet to a 5/8 -inch iron rod found for corner; THENCE North 88 degrees, 26 minutes, 15 seconds West, departing said common line, and along the north right -of -way line of said Canyon Drive, a distance of 891.21 feet to the POINT OF BEGINNING CONTAINING 13.699 acres or 596,730 square feet, more or less. EXHIBIT `A' Page 2 of 2 _- - - - - -- ---------- ------ -------- ---------- Z 1 Q �y <V Vi yo{y p= = � I � I 9 \ I al I I I 1 C "R MD 9 A s� o / x a / I g �6 �Is N 0 v J 0 k r Y C 91 1111 EXHIBIT "B" ��" o A WUN ff O&NINIS • - 1 - 7 J.O;�� ov. N g n O TJO 5 Lo- k Ol 1 dRi Z 0 P: Pon f ee W U z. IL 40 01 IWZ W ye Xa 1 0 11 1 TJO 5 Lo- k Ol 1 ci is Ix '� IN n No 1 qlp H IM i Hui 4 R gi M 44 U M i EXHIBIT "C19 f z. ci is Ix '� IN n No 1 qlp H IM i Hui 4 R gi M 44 U M i EXHIBIT "C19 I xL ' J a 1 y I miumpalaon1wis III�I,'!3 m � �wcs �u oV an EXHIBIT "D" Q Y } Hill hl �R z EXHIBIT "D" Q Y } Hill hl