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ST9704-ES 991012 AGENDA REQUEST FORM The City With A Beautiful Future CITY COUNCIL MEETING: October 12, 1999 ITEM # ~,~ ITEM CAPTION: Consider acceptance of the Special Warranty Dedication Deed for Right-of-way and the Sidewalk and Utility Easement for the extension of and development of Town Center Blvd. as the second access to Coppell High School subject to TXU's agreement letter to relocate utilities; and authorizing the Mayor to sign. APPROVED BY ............ ----CITY COUNCIl .................DATE SUBMITTED B Kenneth M.Gri.ff'm, P..E. ic)o For some time now the City of Coppell has been working with the owner of the property immediately south of Sonic Drive-In to acquire the necessary right-of-way to construct the 2na access to Coppell High School. On July 27, 1999, City Council approved Ordinance 91500-A-227, which was a Planned Development for the referenced property. Since that time, staff has been working with the property owner to finalize the actual right-of-way dedication. After several meetings and discussions, requested revisions have been made to the original documents submitted. Staff is now satisfied with the documents. However, there are several references throughout the documents relating to relocation of overhead lines being the responsibility of the Grantor and/or TXU Electric. Staff is currently waiting on a leUer agreement from TXU assuming all responsibility for any relocation of existing or future utilities. In order to keep this project moving forward, staff recommends approval of the Special Warranty Dedication Deed for Right-of-way and the Sidewalk and Utility Easement. Once the letter agreement from TXU has been provided, that document will be provided to our attorney for review. Once it is acceptable, all documents will be filed at Dallas County and construction on the 2~ Access to the High School can begin. Staff will be available to answer any questions concerning this item at the Council meeting. BUDGET AMT. $ AMT. EST. $ +X-BID FINANCIAL COMMENTS: DIR. INITIALS: g7 FIN. REVIEW: ff CITY MANAGER REVIEWS/ Agenda Request Form - Revised 2/99 Document Name: # 10124 SIDEWALK AND UTILITY EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THE COUNTY OF DALLAS § THAT, ESTATE of JOE C. HINCKLEY, et al, kno ("Grantor") in consideration of the sum of Ten and no/100 Dollars consideration to the undersigned paid by the City of Coppell, Texas, ("Grantee"), the receipt and sufficiency of which are hereby acknowledged, does by these presents, grant, bargain, sell and convey unto Grantee an easement to install, construct, reconstruct, operate, maintain, inspect, repair, remove and replace a public sidewalk and licensed utilities ("Facilities") in, on, and over the property in Coppell, Texas which is more particularly described on Exhibit "1", Tract 3 which is attached hereto and incorporated herein for all purposes ("Easement Property"), together with the fight of access to the Property for said purposes only. Grantee agrees that said Facilities shall be kept in good, safe and proper working condition and that when it opens of disturbs the surface of the Property, it will, at Grantee's own expenses, expeditiously restore the surface of the Property and landscaping to substantially the same condition in which they were immediately prior thereto. The Facilities that are to be underground shall be, to the extent reasonably possible, installed and maintained at a known depth below the ground level or surface of such easement at the sole expense of Grantee. Grantor, its heirs, successors and assigns shall not be required by Grantee or assigns to move the Facilities, relocate and/or install overhead utility or franchise Facilities underground, such cost shall be Solely by Grantee or Grantee's Assigns. If any equipment, poles, transformers, down guys, line drops, or any other appurtenance thereto is placed within the easement which interferes with Grantor's, its heirs successors or assigns Property, Grantee shall relocate said Facilities to a different location within easement at Grantee's or assigns sole cost within Ninety (90) days of written notice by Grantor. Notwithstanding the foregoing, neither GFantor nor any subsequent heirs, successors or assigns of Grantor shall ever be required to pay any cost or move any power/utility pole due to a curb cut opening and such cost shall be paid for by Grantee and/or Texas Utilities CTXU"), their successors or assigns. Further, TXU or its assigns shall relocate pole within forty-five (45) days of written notice by Grantor. Grantor, Grantor's heirs, successors and assigns, shall have the right to use the Property for any and all purposes, including' paving said easement for ingress/egress, which does not interfere with and prevent the use by Grantee, its successors and assigns, of the above described easement, and/or to dedicate ~11 or any part of the surface of the Property affected by this easement for use as a public street, road, alley or other public or private use, but excluding the construction of buildings on said easement. Page 1/3 In the event of any parking, paving or landscaping improvements, now or hereafter erected on the easement by Grantor, its heirs, successors or assigns, are damaged by Grantee, its successors or assigns, Grantee, its successors or assigns shall repair said improvements as soon as reasonably possible, at their sole expense, and with minimum interference to the rights of others using said easement. Grantee or assigns will use its best efforts to cause the installation of such Facilities prior to the paving and landscaping of Town Center West Boulevard and any development on Planned Development #178 property set out in Exhibit "2". TO HAVE AND TO HOLD, unto the said Grantee, its successors and assigns, as aforesaid for the purposes stated above; provided, that the fights granted pursuant to the foregoing shall at all times be exercised in such manner as to cause the least reasonable interference with the normal operation of the Property. By acceptance of this instrument, Grantee agrees to abide by the terms and conditions herein on its part to be performs, shall be deemed to be a signatory hereto, and the provisions of this easement shall inure to the benefit of and be obligatory upon the respective parties hereto, their heirs, successors and assigns. In the event of any conflict, ambiguity, or any dispute concerning the interpretation of any of the documents related to this document, including this document, the document of interpretation which favors Grantor shall prevail. EXECUTED this ~K' ~ day of ~~ 1999. GRANTOR: ESTATE of JOE C. IIINCKLEY, et al Title: .~Y,' ,* t4 }to r,- GRANTEE: CITY O~PELL By: Title: Page 2/3 STATE OF TEXAS § § COUNTY OF DALLAS § STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the /_,~--~" 'day of~, 1999, by ~_ A/~ V ~.~/'][ag'B~_/~.A/ Page 3/3 · ,.:,-. ' ' ' PROPOSI~D ,3EWALK, DRAINAGE &UTILITY EASEI~ ,T ': ......... ,., .,,: ~EING a tract 6t iand's~tua|ed in the GEORGE:W, JACK SURVEY, ABSTF~CT N:O, 694, . '. -..:.- · ' "." :" ~n the City of Coppell, 'Dallas County, Texas,"~in~l-being part of that property described in a deed to Glen A, Hinckley'and Joe C, Hinckle~t:iecorded in Volume 73201, Page 1722 of ........ :' · the' Deed Records of Dallas County, TexaS:and also being part ~f the herein described "' :"'.Z'~"':'~'~i"" :' Tract 1, and being more particularly described a's follows: · . %: ::'.'-: !'.~: .::. BEG'INNING at an "X" on concrete found in tl'/e~west right-of-way line of Denton Tap Road .- .:..:.. (variable right-of-way), said point being the'.mo~t southeasterly corner of Tract 2 of The Sonic Addition, an addition to the City of Coppelt according to the plat thereof recorded in Volume 94144, Page 2353 of said Deed Re~:ords; ·-: ..,:,. .. . THENCE South 01 degree 13 minutes 37 '~'~.~c~nds East, along the west right-of-way line of Denton Tap Road, a distance of 14.11. fee.t; -. ., . -'~"..- .,. '~ ..-.. !.: THENCE North 46 degrees 20 minutes 23 seconds West, 10 feet south of and parallel : ." with the southerly boundary of said Tract 2, a distance of 26.86 feet; .: THENCE South 88 degrees 17 minutes· 45:.~e~:~nds West, 10 feet south of and parallel ...... '. - .':- with the southerly boundary of said Tract 2, 'a~diS~ance of 278.60 feet to the beginning of a ~' ::::"-":'!!:..' .... tangent curve to the left; ':: .... .: .. ;'. ':'~.; ' THENCE Southwesterly, 10 feet south of and parallel with the southerly boundary of the .....-...::. right-of-way dedication tract described hereinab0v. e as Tract No, 2 and along the curve to · ..-.:. the left which has a chord that bears South"83.degre. es 35 minutes 17 seconds West for ..... : 40,29 feet, a central angle of 9 degrees 24:.minutes 57 seconds and a radius of. 245.44 '- ....· "::- feet, for an arc distance of 40,33 feet to the end of said curve and the beginning of a curve '- to the right; :.. · :· THENCE Southwesterly, 10 feet s6uth of and:parallel with the southerly boundary or'the right-of-way dedication tract described herein.abov. e as Tract No. 2 and along the Curve to the right which has a chord that bears SoutF~ 83. degrees 35 minutes 17 seconds West for 57,28 feet; a central angle of 9 degrees 24'.minutes 57 seconds and a radius of 348,92 .-: feet, for an arc distance of 57,34 feet to the e. hd of said curve; THENCE SoUth 88 degrees 17 minutes 45~ ~econds West, 10 reel south of and parallel .: 'with the southerly boundary of the right-of-way dedication tract described hereinabove as Tract No. 2, a distance of 598.03 feet to a p.O. in.t in the west line of said Hinckley tract; : . · .:: .. -. :. THENCE· North 00 degrees 22 minutes .16 sea:onds West,. along the west line of said .- . ':'-'. Hinckley tract, a distance of 10.00 feet .t.o.'the southwest corner of the right-of-way : ':' said ·right-of-way dedication tract, a distance of 597,80 feet to the beginning of a tangent "".'::?'~:.'~i'?'~":' · · .'.' curve to the left; ' ' ': ~... .! THENCE Northeasterly, continuing along J~he.' southerly boundary of said right-of-way · - dedication 'tract and along the curve to the'left which has a chord that bears North 83 ': .'.) ... · '. degrees 35 minutes 17 seconds East for '55.63 feet, a central ~ngle of 9 degrees 24 '- :- -.. :.·~ minutes 57 seconds and a radius of 338.92 feet, for an arc distance of 55.70 feet to the --::-'" -'.' end of said curve and the beginning of a curve' to the right;' -' '" '.:: THENCE Northeasterly, continuing along the~'southerly boundary of said righi-of-way ".. dedication tract and along the curve to the right which has a chord that bears North 83 : degrees 35 minutes 17 seconds East for 41,93 feet, a central angle of 9 degrees 24 :'...:':i:'::.'.":' · .. . · :..: minutes 57 seconds and a radius of 255,44 feet, for an arc distance of 41,98 feet to the ..::... ..'.:.~. :.. end of said curve; . ..,.~...: .- ..:'.-:.. '.~..'. ., '.. - ,- .:..' ;.:'.;7 .. THENCE Nortl'i 88 degrees 17 minutes .~15 'seconds East, con~nuing along the southerly '.-"'- boundary of said right-of;way dedication tra~:t'and the southerly boundary ~f said Tract 2 ' '." ".' '. '" of The Sonic Addition, a distance of 282,78· fee!;! . ... ....:-~.;. · : boundary of said Tract 2 of The Sonic Addition,'a distance of 21.08 feet to the POINT OF ..~. BEGINNING and containing 10,002 square f~..e~, or 0.2296 acre of land, mere or less. Page "1 / ': "" "" EXHIBIT "2" ,'. OVERALL'.'DESGRIPTION · I "' :' : BEING!.a ·tract of land situated in the GEORGE W. JACK ~SURVEY, ABSTRACT NO. 694, 'in. the City of Coppoll, Dallas .CoU~.t'y, Texas, and being 'part of that ~roperty described in a deed to Glen A: Hinckley and Joe C. HinCkley recorded in Volume 73201, Page 1722 of the Deed Records of Dallas .County, Texas, and ~eing more particularly described as follows: :' :.:... BEGINNING at an "X" on concrete set in tl~e west right-of-w..ay line of Denton Tap Road (variable right-of-way) at the most s. oUth'~asterly corner of Tract 2 of the Sonic Addition, an addition to 'the City. of Coppoll according to the plat ·thereof recorded in Volume 94144, Page 2353 of said Deed RecOrds'; ..... THENCE South 01 degree 13 minuteS.37~ se~3onds East. along the west right-of-way line of Denton Tap Road, a distance of lg0;2:l:feet to a 1/2-inch iro, n rod set in the north line of a tract of land described in a deed to '.Wiliiam Boorhem, Trustee, recorded in Volume 85111, Page 1197 and in the south line' oFsaid Hinckley tract; THENCE South 88 degrees 39 minute~'.!~Q0 seconds West, along the common line between said Hinckley and Boorhem tra~ts,',.. a distance of 995.50 feet to a 1/2-inch iron rod found in the east line of Shadydale :Acres, an addition tO the City of Coppoll according to the 'plat thereof recorded'in V0Jume 42, Page 95 of said Deed Records, for the. southwest corner of said Hinckley traci. and the northwest corner of Denton Tap Development, an addition to the City of Gopi3ell according to the plat thereof recorded in Volume 98118, Page 0037 of said Deed Records; THENCE North' 00 degrees 22 'minuteS':.. .l~6 .seconds' West, along the common line between 'said Hinckley tract and said Sha.ci. ydale Acres, a distance of 205.41 feet to a .'.' 1/2-inch iron rod set for the northwest ~.orner. of said Hinckley tract, said point also being located in the south line of Oop.pe!l .. .H. igh~i.S. ch0ol Addition, an addition to the City of Coppoll according to the plat thereof recorded in Volume 92053, Page 2834 of said Deed Records; '- THENCE North 88 degrees 19 minute~.~'l.4 seconds East, alcjng the common line between said Hinckley tract and said Ooppell High School Addition, a distance of 702.56 feet to a 1/2-inch iron rod set for. tfie northwest corner of said Tract 2 of The Sonic Addition; ' . "::: THENCE South 01 degree 42 minutes 1'~ 'seconds East, along the west side of said · Tract 2, a distance of 6.00 feet to a 1/2-inCh iron rod set for the southwest corner of said ..'.;.'.. Tract 2; ~'.,.' . THENCE North 88 degrees 17 .minutes.4,5 Seconds East,'along the south line of said Tract 2, a distance of 274.92 feet to an: '!X,.'c~ut on Concrete 's_e..t..fg..r..a.cut~back .corner; ........ THENCE Sc~uth 46 degrees 20 minutes* 23 seconds East, ~sontinuin'g ~long .the south line of said Tr~ct'2 and along said cut-back lithe,. a distance of 21.08 feet. to the POINT OF BEGINNiN'G' and containing 205,140 s'qUa~'e.f~et; or 4.709 acr~s~ of !a~d, more or less. : ~" ' ' ' EXHIBIT "3" ~ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-227 AN ORDINANCE OF THE CITY OF COI't'ELL, TEXAS, AMENDING THE COMPREHENSIVE "ZONING ORDINANGE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AlVlZENDED, BY GRANTING A CHANGE INN ZONING FROM "C" (COM1VIERCIAL) TO "PD-C" (PLANNED DEVELOPMENT, COMMERCe) FOR THE PROPERTY DESCRIBED IN EXItIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR A CONCEPTUAL PLAN, LANDSCAPE PLAN, ACCESS ROAD PLAN, AND DEVELOPMENT GUIDELINES ATTACHED HERETO AS EXI-I1BITS "B", "C"~ "D", AND "E", RESPECT .I~.'LY; PROVIDING A REPEALING CLAUSE; PROYIDING 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 goverrdng 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 heaxings 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 vicirdty thereof, the said governing body is of the opinion that Zoning Application No. PD-178 should be approved, and in the exercise of legislative discretion have concluded that the Comprehe~ive 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 Coppcll, Texas, as heretofore mended, be and the same is hereby amended to grant a change in zoning from "C" (Commercial) to "PD-C" (Planned Development, Commercial) for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SS26658 SECTION 2. That the property shall be developed and used only in accordance with the following development conditions and the Conceptual Plan, Landscape Plan, Access Road P! .an, and Development Guidelines attached hereto as Exhibits "B", "C", "D", and "E", respectively: A. Except as modified herein the property shall b~ used and developed in accordance with "C" Commercial District regulations. B. No building permit or certificate of occupancy shall .be issued for any · .- portion of the property until a Detail Site Plan is approved after public hearing by Ci~ Council and Planning and Zoning Commission. C. Minimum Size of Yards: Refer to the provisions of Exl:fibit "E". D. Access to Denton Tap Road shall be as generally set forth in Exhibit "B" (Conceptual Site Plan). E. Proposed Town Center West Boulevard fight-of-way and ten (10') foot sidewalk and utility easement as shown. on the Conceptual Plan shall be conveyed to the City by separate instrument prior to the. issuance of a building permit, plat approval or Certificate of Occupancy for any portion of the property. 'Town Center West Boulevard as shown on the. conceptual plan shall be designed and constructed by the City at City cost, provided the owner has dedicated the necessary fight-of-way to the City. F. The City shall, during the construction of Town Center West Boulevard, construct a sidewalk at City cost within the ten (10') foot utility easement as shown on the conceptual plan (Exhinit "B'9, provided the owner has dedicated the necessary easement to the City. Landscape provisions will be consistent with PD-178, 3-1A G. City shall install a third speed hump based on approved driveway spacing as shown on the Conceptual Plan if it is determined to be feasible by City Engineer. H. City, at City cost, shall construct a brick or stone retaining wall 12" to 18" in height as approved by City Engineer on the north side of proposed Town Center West Boulevard. I. Conditioned on the property being used, developed and maintained in accordance with this ordinance and all applicable laws, the pwperty will not be subject to future street assessments (excluding road~a3~ impact fees). J. Due to the shallow depth of the land, planting islands may be up to twenty (20) parking spaces apart. SECTION3. That the Conceptual Plan, Landscape Plan, Access Road Plan, and Development Guidelines attached hereto as Exhibits "B", "C", "D" and "E", respectively, and made a part hereof for all purposes, 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 SS26658 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 Ordinax{ce, 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, fu-m or c0rpomtion 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 amehded, and upon conviction shall be punished by a free 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 of ~ 1999. . ATTEST: ~SECRETARY -. 4//~/ SS26658 APPRO~;~: RO~BERT E. HAG~,'CITY ATTORNEY (P,.EH/cdb 7/28/99) 5///~/· ';' ss26658 .. LEGAL DESCRIPTION BEING a tract of l~nd situated in the George W. 1ack Survey, Abstract No. ~94 in the City of Copl~ll, Dallas County, Taas and t~ing part of a Iract of land as conv~/~l to I-FmckIcy and Joe C. I-Fznc~ey by deed recorded in Volume 73201, Page 1722 of t~ Deed Records of DaIlas County, Tekas and bebg more l:m~cutarlY desert'bed as fol. lows: BEGINNING it a point of intersect~n of the west line olDenton Tap Romcl (a vaziable width (right-of-v~ay) with the south line ofI-Iigh Sdmool Access Pu:mcl Ca variable width r~glmt-oF- " way), ~s'dedieated b~/the recx~rcled pint ofThe 8onic Addition, an addition to the City of'Col:~peH as recorded in Vol~me 94:I44, P~ge 21153 of the Deed Records of.Dglas County, Texas;, · TI-IENCE :~. 01'13'37" E., 1~3.21 feet along the said west line of'Denton Tap ~ to a point for earner, ., :. TFIENCE S. 88°3~'00" W., 995.50 feet leaving the said west line of Denton Tap Pond, and 3m.ssln.'g ar 705.39' feet the northeast comer of Lot 2 in Block "A". of Denton Tap Development, an addition to the City of C.opl:mell as recorded ~ Volume 9811g; Page 037 of the Deed .PZecords bf Dallas C~unty, Texas, to the .northwest ~orner of' the said Denton 'Tai:m DeveloFnent, said point eIso being on ~e east line of.Shadyclale Ae~s Addition, an addition to the City oFCoppell. as recorded in Voltan, 4I, Page 71 oF~e said Deed Records; · 2'EENCE N. 00~22'16" W., 205.10 feet leaving the north llne of sa~d Denton Tap · Dcvcl~p~ent, and vmnlng alon~ thc .east line of said Shadydale Acres Addition to a point for comer Being on the said sot.~ line of I-Iig~ School Access Road; · .: .'...TFI]~CE along ~e[said south line ofHig~ ,~:hoo.l Access Road the following courses and dishaces.' N. 88017'45" E., 702.5~ feet'to.a point for comer;, · · iTI-IENCE S. 01°42'15" E.,]5.00'f.ect to ja point f~r corner,- TFIENCE N. 88'17'45" E-, 274.92 feet to a point for comeT;, :THENCE S. 46~0'2Y' E., 21.08 feet continuing aZong the said south line ofi-Iig~ School Access Road to the Poht of Bcg~nn[ng and contaird~g 4.707 acres of'land. f ! EXHIBIT "E" PLANNED DEVELOPMENT DISTRICT NO. 178 General Purpose and Description: .This Planned. Development District is intended · predomin. ately for "C' Commercial activities m' uses of service nature which typically .have operating characteristics (limited outside or limited open storage) or tr~affi'~c service requirements, and to provide for flexibility of the design of buildings due to the long and narrow depth of the property. All references herein to other sections or exhibits are referring to the City of Coppell existing Zoning Ordinance as currently approved as of the date of this Planned Development District, unless otherwise noted. 1. Use Regulations: 1. Any use permitted in existing "'C" Commercial, "0" Office, and "R." Retail Districts. 2. Height Regulations: Thirty-five (35) feet nor more than two and one-half (2~) stories high. 3. Area Regulations: 1. Minimum Size of Yards: A) Front Yard: Thirty (30) feet, with no front yard puking. If front yard parking is utilized, then the sixty (60) feet front yard setback shall be observed. However, in the event that "Landscape Area A", as depicted on the conceptual site plan is landscaped by the developer or property owner, then the building line adjacent to Town Center West Bouleyard may be reduced to twenty-five (25) feet, with no front yard parking. If front yard parking is utilized, then a fifty-five (55) foot front yard setback shall be observed. B) Side Yard: Thirty (30) feet; adjacent to South Property line fifteen (15) feet. C) Rear Yard: Twenty (20) feet along the west property line and fifteen (15) feet along the south property line. $ 2. Minimum Size of Lot: A) Lot Area: None. B) Lot Width: None. -C) Lot Depth: None. Page 10/11 City of Coppell Planned Development District # 178 Page 1 of 2 3. . Lot Coverage: In no case shall more than forty (40%) percent of the lot area be covered by buildings. 4. Floor Area Ratio: Maximum F.A.R. 1.0 to 1. 4. Parking Requirements: Off street parking req.uirements shall be,provided in accordance with Sections 23-4 and 31. . J 5. Type of Exterior Construction: construction shall comply with Section 23-5. 6. Landscape Requirement: Landscaped areas shall be provided according to Section 34 and the following modification. In the event that "Landscape Area A" as depicted on the conceptual site plan is landscaped by the developer or property owner, then Section 34, Landscaping Regulations will be modified..The following modifications to Section 34 shall apply. · Section 34 1-8 ('B) Interior Landscaping. Thc area depicted on the conceptual site plan "Landscape Area A" may be applied as a credit toward the interior landscaping percentage test. However, if the aforementioned interior Landscape credit is utilized, then the front yard building set back from thirty (30) feet to twenty-five (25) feet shall not apply. Section 34 1-9 (A) Landscaping Requirements for Non-Vehicular Open Space. The area depicted on the conceptual site plan "Landscape Area A" may be applied to the fifteen percent (15%) of that portion of the lot not covered by a building; provided that this area has not been credited to the reduced front building line or Section 34 1-8 (El) interior landscape. ,, 7. Areas used for open storage shall comply with Section 23-7. 8. Driveway spacing shall be allowed generally as depicted on the conceptual site plan, including a series of driveway openings. 9. One additional driveway shall be allowed to Denton Tap Road, generally near the southeast comer of.the property. City of Coppell Planned Development District # 178 Page 2 of 2 Page 11/11 · . A CITY OF COPPELL SPECIAL WA ,ANTY DEDICATION DEED FOR R! ~'~'T OF WAY STATE OF TEXAS § § KNOW ALL MEN BY THESE PRE COUNTY OF DALLAS § # THAT, ESTATE of JOE C. HINCKLEY, et al, acti.ng by and through the undersigne authorized representative, of the County of Dallas, State .6f Texas, for and in consideration TEN AND NOII0O'S DOLLAR ($10.00), and other good and valuable considerations paid of Coppell, a municipal corporation of Dallas County, Texas, receipt of which is hereby acknowledged, does hereby donate, grant, bargain and convey to said City, its successors and assigns, a permanent right- of-way and the right to construct, reconstruct and perpetually maintain a public street and/or drainage facilities and utilities, together with all necessary appurtenances thereto, and with the right and privilege at any and all times, to enter said premises, or any part thereof, as is necessary to the proper use of any other right granted herein, and for the purpose of construct!rig, reconstructing and maintaining said public street and/or drainage facilities and utilities, and for making connections therewith, in, upon and across that certain tract or parcel of had in Dallas County, Texas, being furlher described in Exhibit "1 ", Tract 2. As a material inducement to the execution and de|ivcry of this Deed by Grantor, Grantee specifically acknowledges and agrees: (i) that the donation and granting of the Right of Way to the city will greatly enhance the quality of life in the City and constitutes a valuable donation to the City. Grantee hereby confirms the items contained in Ordinance # 91500-A-227 for Piam~cd Development #178 attached I~ercto as Exhibit "Y' and made a part hereof with respect to the Property. Further, Grantor shall bc indemnified from any loss, costs, and cxpcnscs (including attorney fees) resulting from the access or use by the public of the Permanent Right of Way. Grantor shall not be required to construct anything to its remaining property that would the block view of the Right of Way corridor to this Permanent Right of Way or be deemed to be unsafe by reasonable and prudent standards. This conveyance is made and accepted subject to those matters of public record, and those attached hereto and made a part of hereof for all purposes and to the restrictions set forth on Exhibit "2" attached hereto and made a part hereof for all purposes. By acceptance of this Dccd and as part of the consideration thereof, Grantee, its successors and assigns, convcnants and agrees and shall bc obligatcd and bound to abide by and comply with Exhibits "2" and "3", which arc convertants running with the Spccial Warranty Dedication Decd for Right of Way. TO HAVE AND TO HOLD the Land, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, its successors and assigns forever, and Grantor does Imreby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND all and singular thc Land unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same of any part thereof, by, through or under Grantor but not otherwise. EXECUTED this t~~t''~ day of t~~ 1999. ESTATE of JOE HINCKLEY et al Accepted and Agreed on the effective date CITY of C P LL Gra2}Te: Title: /t~i'~/~eZ . STATE QF TEXAS § COUNTY OF DALLAS § STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the ]_,,~ _~' day of ~, 1999, by ~ · "":~;~"'~'~'~'~""-~o~ ~ ~~ .~ [ ~:~,~'~~, "'~· ~ ....~..." ,,,' "",,.,~;~-~.?~,,~ ....... ~' .. " TRACT" .... .... NO. 2 "' PROPOSED R.O.W. DEDICATION .. ,.-',- BEING a tract 'of land situated in the GEORGE W. JACK SURVEY, ABSTRACT NO. .... ' "~ 694, in the City of Coppell, Dallas County, Texas, and being part of that property. .::..,'.......::.:.,.. '.-~ described in a deed to Glen A. Hinckley and Joe C. Hinckley recorded in Volume 73201 .... ..... "':'.',:' .,'.:::.'.-....' Page 1722 of the Deed Records of Dalla's'.County, Texas, aldd~also being part of the .... ' ' overall tract described hereinabove as T.raCt.~l, and being more particula~y described as follows: .. :..-. , t .".'-:. COMMENCING at an "X" on concrete foUnd:in the west fight-of-way line of Denton Tap , .:..- ' Road (variable fight-of-way), said point bein~i the most southeasterly corner of Tract 2 of ,.'. .., the Sonic Addition, an addition to the C!ty of Coppell according to the plat thereof .. .... recorded in Volume 94144, Page 2353 of said Deed Records; thence North 46 degrees · .- "'~-' '~ ' ' '-..: 20 minutes 23 seconds West, along the'soUtherly boundary of said Tract 2, a distance ':: · · i of 21.08 feet; thence South 88 degrees 17' minutes 45 seconds West, continuing along · :-'.. the southedy boundary of said Tract 2, a di~.tance of 274,9~feet to the southwest corner "' ~ of said Tract 2 for the POINT OF BEGINNI.NG; THENCE South 88 degrees 17 minutes 45 seconds West, along the prolongation of the south line of said Tract 2 of The SOniG Addition, a distance of 7.86 feet to the beginning of a tangent curve to the left; THENCE Southwesterly, along the curve .t0 ihe left which has a chord that bears South 83 degrees 35 minutes 17 seconds West fo~' 41.93 feet, a central angle of 09 degrees 24 minutes 57 seconds and a radius ol~ 25.5,.44 feet, for an arc distance of 41.98 feet to the end of said curve and the beginning Of a Curve to the right; · THENCE Southwesterly, along the curve to the right which has a,chord that bears South 83 degrees 35 minutes 17 seconds:West for 55.63 feet, a central angle of 9 degrees 24 minutes 57 seconds and'a radius of 338,92 feet, for an arc distance of 55,70 feet to the end of said cu·fvei ~' ! " THENCE South 88 degrees 17 minutes 45 seconds West, 38 feet south of~and parallel .-.... .. with the south line of Huntington Ridge,.an'addition to the City of Coppoll ~ccording to . · .. .... the plat thereof recorded in Volume 93093., Page 1513 of said Deed Records, which is .: ': ~.' also the most westerly north line of Coppel! High School Addition, an addition to the City ../.' of Coppell according to the plat there'~f reCgrded in Volume 92053, Page 2834 of said : ' " Deed Records, a distance of 597,80 feet to'a point in the west line of said Hinckley tract · .:... ... and the east line of Shadydale Acres, an' addition to the City of Coppell according to the ' · : :. .. .. :..~:; plat thereof recorded in Volume 42, Page.95 of the Map Records of Dallas County, · Texas; . "'. THENCE North 00 degrees 22 minutes ' i6' seconds West, along the west line of said ... :.. Hinckley tract and east line of said S.h~d~dale Acres, a distance ~f 14:3.2 feet to the · · '-'. northwest corner of said Hinckley tract; .. .. :"" THENCE North 8~ degrees 19 minutes 14 'seconds East, along the north line of said Hinckley tract, v~h!ch is also the north line 'of said Tract No. 1, a distahOe of 702.56 feet .. to the northwest' c~rner of said Tract 2 of The Sonic Addition; .' ."'.. ' ~' THENCE South 01 'degree 42 minutes 17' seconds East, alo%gbthe west line of said .... '.:.' Tract 2 of The Sonic Addition, a distance of 6.00 feet to the INT OF BEGINNING '. · · .. and containing 9,516 square feet, or 0.2185.acre of land, more or less. .' ' .-. · ': .. . ..., , · ,: .. ..:'.....:'~ .;..· ,,: '.... ' · :.: .,..-/. . . :: '. · . · "' PAGE ' .. EXHIBIT "2" 1. The Property shall be improved, occupied and used only as a Permanent Right of Way for the Public of the City of Coppell. 2. Neither Grantor nor any subsequent, heirs, successors, or assigns shall be required to pay for or to perform the work necessary for moving or constructing licensed utility services or for putting overhead utility lines underground in the Sidewalk/Utility Easement or Right of Way dedication area. In no event shall this relieve Grantor's obligation for on-site utility construction. 3. Neither Grantor nor any subsequent heirs, successors, or assigns shall ever be required to pay for the cost or to perform the work necessary to move any utility or utility franchise appurtenances (including but not limited to overhead power lines) which interfere with any existing or future curb cut opening(s) in the Easement or Right of Way dedication area. 4. Grantee acknowledges and consents to Ordinance #91500-A-227 for Planned Development #178 and it's Exhibits and will not unreasonably withhold approvals of any Development, site plans, plats, or approvals by Grantor, subsequent heirs, successors, or assigns. 5. The restrictions set forth above (the "Restrictions") shall affect all of the Property, shall run with the Property and shall exist and be binding upon Grantee and all persons claiming under Grantee for a period of fifty (50) years from the date of filing of this conveyance. The Restrictions are made solely for the benefit of Grantor and are not intended to create mutual or reciprocal servitudes upon adjoining land for the benefit of adjoining landowners. Grantor and Grantee, jointly but not severally, reserve unto themselves the right, from time to time, without the joinder by any adjoining landowner, to revoke or amend the Restrictions by written instrument duly acknowledged and recorded in the Deed Records of Dallas, County, Texas. Grantor shall have the right to enforce the Restrictions by any proceeding at law of in equity, including, but not limited to, the fight to enjoin any attempted or actual violation of the Restrictions. 6. Any existing Paving Liens or other encumbrances imposed by the City of Cgppell against the "Overall Tract", Property further described in Exhibit "2", page 2 shall be released or waived. Nothing contained in the preceding sentence shall be construed to release or waive any future development fees resulting from the subsequent development of Grantor's Property adjacent to Right of Way. 7. In the event of any conflict, ambiguity, or any dispute concerning the interpretation of any of the documents related to this document, including this document, the document or interpretation which favors Grantor shall prevail. Page 1/2 .. '." EXHIBIT "2" (Con't,) : TRACT NO. 1 ' ' ' OVERALL DESCRIPTION I BEING~a tract of land situated in the GEORGE W. JACK SURVEY, ABSTRACT NO. 694, 'in. the City of Coppell, Dallas Cou~!y~ Texas, and being part of that property described in a deed to Glen A. Hinckley and Joe C. Hinckley recorded in Volume 73201, Page 1722 of the Deed Records of Dallas County, Texas, and IJeing more particularly described as follows: BEGINNING at an "X" on concrete set in the west right-of-w:ay line of Denton Tap Road · . (variable right-of-way) at the most southeasterly corner of Tract 2 of the Sonic Addition, · : an addition to the City of Coppell according to the plat ·thereof recorded in Volume "' 94144, Page 2353 of said Deed Records; '' THENCE South 01 degree 13 minutes 37 seconds East, along the west right-of-way line · .'- of Denton.Tap Road, a distance of 190.21 'feet to a 1/2-inch iro, n rod set in the north line · . of a tract of land described in a deed to William Boorhem, Trustee, recorded in Volume .... 65111, Page 1197 and in the south line'of'said Hinckley tract; THENCE South 88 degrees 39 minutes ..0.0 seconds West, along the common line " between said Hinckley and Boorhem tracts,. a distance of 995.50 feet to a 1/2-inch iron · . rod found in the east line of Shadydale: .Acres, an addition to the City of Coppeli : according to the plat thereof recorded in VoJume 42, Page 95 of said Deed Records, for the. southwest corner of said Hinckley tract and the northwest corner of Denton TaP Development, an addition to the City of Coppell according to the plat thereof recorded in Volume 98118, Page 0037 of said Deed Records; ' THENCE North 00 degrees 22 minutes 16 .seconds West, along the common line .. between 'said Hinckley tract and said Shadydale Acres, a distance of 205.41 feet to a 1/2-inch iron rod set for the northwest corner of said Hinckle.y tract, said point also being located in the south line of Coppell High 'School Addition, an addition to the City of · -.. Coppell according to the plat the~reof recorded in Volume 9205,3, Page 2834 of said Deed Records; : THENCE North 88 degrees 19 minutes :';14 seconds East, along the common line between said Hinckley tract and said :COppell High School Addition, a distance of 702.56 feet to a 1/2-inch iron rod set for the northwest corner of said Tract 2 of The Sonic Addition; THENCE South 01 degree 42 minutes 17 seconds East, along the west side of said --: · Tract 2, a distance of 6.00 feet to a 1/2-inch iron rod set for the southwest corner of said Tract 2; THENCE North 88 degrees 17 minutes 45 'seconds East, along the south line of said Tract 2, a distance of 274.92 feet to an "X" 'cut on concrete 'S.e. tfo._r._aCut~back corner; THENCE SOuth 46 degrees 20 minutes 23 seconds East, continuing ~long .the south line of said Tr~ict'2 and along said cut-back line, a distance of 21.08 feet to the POINT OF BEGINNiN~G· and containing 205,140 square ,feet, or 4.709 acres. of lard, more or less. PAGE 2/2 "' " ' EXHIBIT "3" :, · . ,. AN ORDINANCE OF TIlE CITY OF COPPELL, TEXAS ORDn ANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE :ZONING ORDINAINGE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE A1VIENDED, BY GRANTING A CttANGE IN ZONING-FROM "C" (COMMERCIAL) TO "PD-C" (PLANNED DEVELOPMENT, COMMERCIAL) FOR TIlE PROPERTY DESCltlRED IN EXHIBIT "A" ATTACHED FIERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR A CONCEPTUAL PLAN, LANDSCAPE PLAN, ACCESS ROAD PLAN, AND DEVELOPMENT GUIDELINES ATTACHED HERETO AS E_XtHllITS "B", "C", "D", AND ,E", RESPECT .I~.'.'LY; 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 thc 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-178 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 I. That the Comprehensive ZonLng Ordinance and Map of the City of Coppell, Texas, duly passed by the govemlng body of the City of Coppell, Texas, as heretofore amended, bc and the same is hereby amended to grant a change in zoning from "C" (Commercial) to "PD-C" (Planned Development, Commercial) for the property described in Exhibit "A" attached hcrcto and made a part hereof for all purposes. ·" SS26658 SECTION 2. That the property shall be developed and used only in accordance with the following development conditions and the Conceptual Plan, Landscape Plan, Access Road P!an, and Development Guidelines attached hereto as Exhibits "B", "C", "D", and "E", respectively: A. Except as modified herein. the property shall b~ used and developed in accordance with "C" Commercial District.regulations. B. No building permit or certificate of occupancy shall ,be issued for any portion of the property until a Detail Site.-Plan is approved a_Qcr public hearing by City Council and Planning and Zoning CommiSsiOn. C. Minimum Size of Yards:'.I~efer to the provisions of Exhibit "E". D. Access to Denton Tap Road' shall be as generally set forth in Exhibit "B" (Conceptual Site Plan). E. Proposed Town Center West Boulevard fight-of-way and ten (10') foot sidewalk and utility easement as shown. on the Conceptual Plan shall be conveyed to the City by separate instrument prior to the. issuance of a building permit, plat approval or Certificate of Occupancy for any portion of .the property. Town Center West Boulevard as shown on the. conceptual plan shall 'be designed and constructed by the City at City cost, provided the owner has dedicated the nccessary fight-of-way to the City. F. The City shall, during the 'Construction of Town Center West Boulevard, construct a sidewalk at City cost within the t~n (10') foot utility easement as shown on the conceptual plan (Exhinit "B"), provided the owner has dedicated the necessary easement to the City. Landscape provisions will be consistent with PD-178, 3-1A G. City shall install a third speed hump based on approvexl clrivcway spacing as shown on the Conceptual Plan if it is determined to be feasible by City Engineer. H. City, at City cost, shall construct a brick or stone retaining wall 12" to 18" in height as approved by City Engineer on the north side of proposed Town Center West Boulevard. I. Conditioned on the property being used, developed and maintained in accordance with this ordinance and all applicable laws, the property will not be subject to future street assessments (excluding road~a3; :impact fees). ... J. Due to the shallow depth oil.the land, planting islands may be up to twenty (20) parking spaces apart. SErfION 3. That the Conceptual Plani Landscape Plan, Access Road Plan, and Development Guidelines attached hereto as Exhibits "B", "C", "D" and "E", respectively, and made a part hereof for all purposes, 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 0~'dinance of the City of Coppell, as heretofore mended, and as mended 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'o~dinance 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 3Z/~[,. SS26658 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 Compr~liensive 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, fm or c0rpomtion violating any of the provisions or terms of this ordinan~ shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amehded, and upon conviction shall be punished by a free 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 'ch..aaer in such cases provide. DULY PASSED by the City Council of the.City of Coppell, Texas, this the .~_~_~day of' ~ 1999. .. ' Y ATTEST: , INTERIM CITY SECRETARY .. 4//~/ SS26658 APPR~5~: ROBERT E. HAG~.,'CITY ATTORNEY (REH/extb 7F28/99) , " 5]/~/ :':.' SS26658 BEING a tract of I~ind situated in U~d' George W. J'ack Survey, Abstract No. 694 in the City of Coppell, Dallas County, Texas and being part ors tract ofland as conveyed to Gien A. I-rmeldey and Joe C. tflnelaey by deed recorded in Volume 73201, Page 1722 of the Deed Records of Dallas County, Tekas and being mote particularly descn'bed as follows: BEGINNII, IG it a point of intersectl/n of the west line of Denton Tap Road Ca variable width (rlght-of.-~ay) with the south ilne of.High School Access Road (a variable width right-of.- " way), ~s'dedicsted b~ the rectSrded plat of.The Sonlc Addition, an addition to the City o1' Coppefl as recorded in Voh~ne 9~fI44, P~ge 2~:~'3 of.the Deed Records of.t)aIIas County, Texas;, " . THENCE Ig. 01'13'37" E-, I90.21 feet along the said west llne of.Denton Tap Road to a point f.r cornet " TI-II~CE S. 88°3~'00" W., 995.50 f.'e~t' leaving the said west line of. Denton Tap Road, and ps~.'g ar 705.39' t'eet the northeast 'Comer of. Lot 2 in Block "A". of. Denton Tap Development, an addition to the City of.C.oppell as recorded in Vo|tune 98118; Page 037 of.the Deed .l~ecotds bf. Dallas C~unty, Texas, to the .northwest ~orner of. the said Denton 'T~p Development, said point also being on the east line of.Shsdyclale Acres Aaditlon, an addltlo. n to the City of.Coppell as recorded in Volume 41 ; Page 71 of.the said Deed Records; · THENCE 1~/. 00e22'ler' W., 205.10 f.eet leaving the north line of. said Denton Tap · DeveI~pn~ent, and rm~,~ng alon~the.east llne 0f..sald Shadydale Acres Addit{on to a point f.or comer being on the said south line of.High SchoOl Access Road; '.; .~..TFIE~CE along .thc~sald south llne of'Hig~schoolAccess Road the loliowlng courses and disianccs: N. 88°17'45" F,., 702.56 f.eet'to-apoint for comer;, "' · · iTHHNCE S. 0104.2'11" E.,'6.00'f.eet to a pe~nl f'~r comeT;,. THENCE N. 88017'45" E., 274.92 f.et'to' apoint f.r comer;, ..THENCE S. 46'20'23" E., 21.08 feet continuing along the said south line o{'High School Access Road to the Po~t orBeSlnning and containing 4.707 acres of.land. : t % Page 9/11 EXHIBIT "E" PLANNED DEVELOPMENT DISTRICT NO. 178 Gener-~! Purpose and Description: This' Planned. Development District is intended · predomin. ately for "C" Commercial activities o~7 'uses of service nature which typically lhave · operating characteristics (limited outside or limited open storage) or Lff~x. service requirements, ix c and to provide for flexibility of the design of buildings due to the long and narrow depth of the property. All references herein to other sections or exhibits are referring to the City of Coppell existing Zoning Ordinance as currently approVed as of the date of this Planned Development District, unless otherwise noted. I. Use Regulations: , 1. Any use permitted in existing "'C" Commercial, "O" Office, and "R" Retail Districts. 2. Heil~ht Reeulations: Thirty-five (35) feet nor more than two and one-half (2~) stories high. 3. Area Regulations: 1. Minimum Size of Yards: " A) Front Yard: Thirty (30) feet, with no front yard parking. If front yard parking is utilized, then the sixty (60) feet front yard setback shall be observed. However, in' the event that "Landscape Area A", as depicted on the conceptual site plan is landscaped by the developer or property owner, then the building line adjacent to Town Center West Boulev. ard may be reduced to twenty-five (25) feet, with no front yard parking. If front yard parking is utilized, then a fifty-five (55) foot front yard setback shall be 6bserved. B) Side Yard: Thirty (30) feet; adjacent to South Property line fit~een (15) feet. C) Rear Yard: Twenty (20) feet along the west property line and fif[een (15) feet along the south property line. 2. Minimum Size of Lot: A) Lot Area: None. B) Lot Width: None. · C) Lot Depth.'. None. : Pa~le City of Coppell Planned Development District # 178 Page I of 2 3. . Lot Coverage: In no cas6 shall. more than forty (40%) percent of the lot area be ' covered by buildings. 4. Floor Area Ratio: Maximum F.A.R. 1.0 to 1. 4. Parking Requirements: Off street parking req.uirements shall be~provided in accordance with Sections 23-4 and 31. J Type ofl~xterior Construction.' construction shall comply with Section 23-5. 6. I~andseape Requirement: Landscaped areas shall be provided according to Section 34 and the following modification. In the event that "Landscape Area A" as depicted on the conceptual site plan is landscaped by the' developer or property owner, then Section 34, Landscaping Regulations will be modified..The following modifications to Section 34 shall apply. ; Section 34 1-8 (B) Interior Landscaping. The area depicted on the conceptual site plan "Landscape Area A" may be applied as a credit toward the interior landscaping percentage test. However, if the aforementioned interior Landscape credit is utilized, then the front yard building set back from thirty (30) feet to twenty-five (25) feet shall not apply.. Section 34 I-9 (A) Landscaping Requirements for Non-Vehicular Open Space. The area depicted on the conceptual site plan "Landscape Area A" may be applied to the fifteen percent (15%) of that 'portion of the lot not covered by a building; provided that this area has not been credited to the reduced front building line or Section 34 1-8 (B) interior landscape. ?. Areas used for open storage shall comply with Section 23-7. 8. Driveway spacing shall be allowed generally as depicted on the conceptual site plan, including a series of driveway openings. 9. One additional driveway shall be allowed to Denton Tap Road, generally near the southeast comer of,the property. City of Coppcll Planned Development DisU'ict # 178 Page 11/11 Page 2 of 2