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Vista Point II-CS040715 (2)AN ORDINANCE OF TIlE CITY OF COPPELL, TEXAS ORDINANCE NO. 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 1N ZONING FROM "HC" 0tlGHWAY COMMERCIAl,) TO "PD-199- HC" (PLANNED DEVELOPMENT-199-HIGHWAY COMMERCIAL) TO ALLOW FOR THE DEVELOPMENT OF SIX OFFICE/ASSEMBLYD. VAREHOUSE BUILDINGS TOTALING APPROXIMATELY 210,000-SQUARE FEET ON TRACTS 1 AND 2 AND FIVE RETAIL/RESTAURANT PAD SITES FOR TRACTS 3~ 5, 6 AND 7, LOCATED AT THE SOUTHWEST CORNER OF S.H. 121 AND MACARTItUR BOULEVARD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", A'FTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE CONCEPT SITE PLAN, CONCEPT FRONT ELEVATIONS, CONCEPT ELEVATIONS FOR REAR OF OFFICE/ASSEMBLY/~VAREHOUSE BUILDINGS, CONCEPT ELEVATIONS FOR RETAIL BUILDINGS, ELEVATIONS OF "HEADACHE BARS," LANDSCAPE PLAN, TREE SURVEY, TREE LIST, PERMITTED USE LIST, AND SIGN CRITERIA, WHICH ARE ATTACHED HERETO AS EXHIBITS "B," "C," "D," "E," "F," "G," "It," "I," "J" AND "K" RESPECTIVELY; PROVIDING FOR DEVELOPMENT STANDARDS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TV~O 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-199-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 go'.,erning body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from "HC" (lqighway Comanercial) to "PD-199-HC" 63036 (Planned Development-199-Highway Commercial) to allow for the development of six (6) office/assembly/warehouse buildings, totaling approximately 210,000-square feet, on Tracts 1 and 2 and five retail/restaurant pad sites on Tracts 3, 4, 5, 6 and 7 for the property located on the southwest comer of S.H. 121 and MacArthur Boulevard, 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 in accordance with the Concept Site Plan, Concept Front Elevations, Concept Elevations for Rear of Office/Assembly/Warehouse Buildings, Concept Elevations for Retail buildings, Elevations of Headache Bars, Landscape Plan, Tree Survey, Tree List, Permitted Use List and Sign Criteria which are attached hereto as Exhibits "B," "C," "D," "E," "F," "G," "H," 'T" "J," and "K" respectively and the following development standards prior to detail site plan approval for Tract 1 and 2 shall be executed as follows: A. A minimum of fifty-two (52) trees, with species selected by the Parks Department, shall be planted along the northern property line of Forest Hills Drive. These trees shall be placed within Tract 2 of tlfis development, as depicted on the Landscape Plan attached as Exhibit G. B. The proposed uses shall be developed in accordance with the Color Board as presented to the City Council on April I3, 2004, and the materials and colors as depicted on the color board will be further specified with the submission of Detail Site Plans for each respective tract. C Prior to the issuance of a Certificate of Occupancy for the first building constructed on Tracts 2 through 7, a deceleration lane shaI1 be constructed between Tracts 4 and 5 off MacArthur Boulevard, subject to the approval of the City Engineer. That the Planned Development shall meet all perimeter landscape buffer requirements along street frontages and along the residential adjacency, except the ten-foot (10') landscape setbacks between interior property lines shall be eliminated for tracts 1, 2, 3, 4, 5, 6, and 7. The landscaping requirements shall be calculated on the overall acreage of the Planned Development as opposed to a tract-by-tract basis. The Planned Development Tree Retribution for the site shall be calculated and applied towards the acreage of the entire Plmmed Development district, being Tracts 1 tt~-ough 7, and not on an individual tract-by-tract basis. Tree Retribution for all protected trees that 2 63036 are removed shall be mitigated by new tree plantings of either increased caliper inches or individual trees in lieu of the 50% tree planting and 50% monetary payment. In the event that a tree mitigation payment is required, it shall be made at the time ora Tree Removal Permit, and the revised tree quantities and caliper sizes shall be reflected on a revised landscape plan. The screen wall required along the southern property line with the residential adjacency shall be eight feet (8') in height and extend along the entire length of the residential area, as shown on the Concept Site Plan and shall be in accordance with Section 12-33-1.6(A) of the Zoning Ordinance. This entire wall shall be constructed prior to the issuance of a Certificate of Occupancy (CO) for the 1st building on Tracts 1 or 2. The awnings may be constructed of canvas, metal or other material approved by the City so long as materials are primed, painted and/or otherwise conditioned to minimize future maintenance and prevent resting. TRACTS 1 AND 2 Developers shall install headache bars at both of the driveways onto Forest Hill Drive, as depicted on Exhibit B and Exhibit F. The eighty percent (80%) masonry (brick or stone of earth tone colors) exterior requirements shall be reduced for Tracts I and 2 only, and the following percentages shall apply: (l) (2) (3) M[inimum of 35% to 40% Masonry. on Front elevations Minimum of 25% to 30% Masonry on Side elevations 0% Masonry shall be required on Rear elevations. In addition to the use regulations set forth in Article 22, Section 12-22-I of the current Highway Commercial Zoning District, attached as Exhibit J, the following uses may be permitted as provided below: (1) Tracls (a) 1 and 2 (only): The "storage and warehousing areas" of the Warehouse/Distribution use shall not exceed thirty percent (30%) of the total aggregate square footage of building area for each respective Tract. In addition, no more than fifty (50%) of any one (1) building shall be used for "storage and warehousing. (b) Limited Assembly and Manufacturing use, and Warehouse/Distribution use shall be permitted uses as defined herein. 3 63036 (2) (i) Warehouse/Distribution use shall be defined as, "A use devoted to storage, warehousing and distribution of goods, merchandise, supplies and equipment. Accessory uses not considered to be part of the storage and warehouse area may include, but are not limited to, retail and wholesale sales area, office, sales offices, research and development, and display areas for products sold and distributed from the storage and warehousing areas." Parking for all herein- defined accessory uses shall be provided on a gross square- foot basis in accordance with Section 12-13-6 of the Coppell Zoning Ordinance. (ii) Limited Assembly and Manufacturing use shall be defined as, "The assembly, repair, disassembly and manufacturing of fimshed products or parts from previously prepared materials and parts. Fabrication may be used in limited form to shape or define the final product, but shall not comprise the primary activity of such operations. Basic industrial processing which transforms raw materials into a new substance, compound, or product is not permitted. Excluded uses include, but are not limited to, meat packing, chemical and petroleum processing and manufacturing, and foundries." (c) Service doors for the respective buildings may be either drive-in (grade level), double personal doors, or dock high. The dock high service doors shall not exceed a ratio of one (1) dock high service door for every eight thousm~d (8,000) square feet of the total aggregate building square footage of each respective Tract. In addition, no one (1) building shall have more that ten (10) dock high service doors. Tract 4 (only): The following uses shall be permitted by Special Use Permit: i. Automobile Repair Garage, including tire sales (no overnight outside storage of vehicles), ii. Gasoline Service Station, and iii. Grocery and Convenience Store. (3) Tract 3, 5, 6, and 7(only): i. Restaurant Use, which shall not exceed an aggregate total o£ 19,600 square feet, provided a Special Use Permit is granted on each tract. The sign regulations shall be governed by Exhibit K, except as provided below: i. The side yard signage setback shall be reduced by five feet (5') from seventy- five feet (75') to seventy feet (70') such that Tract 3 shall be entitled to a monument sign along S.H 121; and 4 63036 ii. Tract 4 shall be allowed ~.vo (2) monument signs each of which will display the nanqe of both the gas station/convenience store and the automotive service center. The square footage of each above referenced sign shall not exceed sixty (60) square feet. iii. The 40-square foot a~ached sign located on the comer of the auto repair building on Tract 4 shall be allocated equally on both sides. SECTION 3. That the Concept Site Plan, Concept Front Elevations, Concept Elevations for Rear of Office/Assembly/Warehouse Buildings, Concept Elevations for Retail Buildings, Elevations of "Headache Bars," Landscape Plan, Tree Survey, Tree List, Permitted Use List, and Sign Criteria, which are attached hereto as Exhibits "B," "C," "D," "E," "F," "G," "H," "I," "J," and "K," respectively, 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 Zon/ng Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION $. That all provisions of the Ordinances of the Ci~ of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and ail 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 m~constitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whoIe, or any part or provision thereof other than the pa~rt so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION ?. 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 co~mmitled and the former law is continued in effect for this purpose. 5 63036 SECTION 8. That any person, finn 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 CiLy 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 day of ,2004. APPROVED: DOUGLAS N. STOVER, MAYOR ATTEST: APPROVED AS TO FORM: LIBBY BALL, CITY SECRETARY ROBERT E. HAGER, CITY ATTORNEY 6 63036 PD-199-HC LEGAL DESCRIPTION BEING a tract of land situated in the C G Woolsey Survey, Abstract No 1402, the Thomas B Garvin Survey, Abstract No 506, the JH Donald Survey Abstract No 1696 and the W M Tnmble Sur~ey, Abstract No 1268 in Denton Coung,, Texas, a~d being a part of Lot 3R, Block G, %sta Ridge Addition, an addition to the City of Coppell, Texas, as recorded in Cabinet U, Page 276 of the Plat Records of Denton County, Texas (P RDe C T), and being part of a 2593 acre tract of land described in deed to Centex Land Holdings, LP, as recorded in Volume 5062, Page 761, Deed Records of Denton CounD', Texas (D R De C T ), and being more particularly described as £cllov, s COMMENCING al a 1/2-inch found ~ron rod with a yellow plastic cap stamped "HALFF ASSOC INC" (hereinafter referred lo as "with cap") al the~northwesterlv comer of a comer clip at the intersect;on of the southeasterly right-of-way hne of State Highway 121 (a variable widlh right-of- wa)) as dedicated by deed recorded in file # 94-R0000002, of the Count,/ Clerk Records Denton County, Texas (C C R.De CT) with the southwesterly right-of-way hne ofMacArlhur Boule,,ard (a 120 foot ~ide nght-of-u, ay) same being the northern comer of the aforementioned 25 93 acre tract of land, and being the begmmng of a circular curve io Ihe left, ha'~ing a radius of 3,80472 feet and v, hose chord bears South 66 degrees 56 rrunutes 58 seconds West, a &stance of 455 85 feet; THENCE in a Southwesterly direct~on~ along smd southeasterly rJght-of-,xay line, and along smd c~rcular curve to the lefl, through a central angle of 06 degrees 52 minutes 08 seconds, an arc distance of 456 13 feet to a 1/2-inch found iron rod valle cap for lee POINT OF BEGINNING of tlne herein described tract of land; THENCE South 26 degrees 29 minutes 06 seconds East. departing smd southeasterly right of wa~, line, a distance of 33 17 feet to a l/2-mch found ~ron rod ,-sith cap for comer; THENCE South 36 degrees 50 minutes 26 seconds East, a distance of 36 90 feet to a 1/2-inch found iron rod x~th cap for comer; THENCE South 23 degrees 06 nnnutes 57 seconds East, a distance of 189 00 feet to a l/2-iinch found non rod v, ith cap for comer; THENCE North 66 degrees 53 minutes 03 seconds East, a distance of 216 34 feet to a l/2-inch found iron rod with cap for corner; qHENCE South 23 degrees 06 minutes 57 seconds East, a distance of 82 64 feet to a 1/2-irach found ~ron rod wilh cap for comer, THENCE South 07 degrees 25 minutes O0 seconds East, a distance of 351 45 feet to a l/2-1:'ach foLmd ~ron rod wilh cap for comer; TIqENCE South 02 degrees 47 ~mnutes 00 seconds East, a distance of 13396 feet to a 1/2-inch found ~ron rod with cap for comer, smd point being on the northerly' right-of-way line of Forest Hill Dine (50 foot '~side right-of-way) as dedicated by deed recorded :n Volcune 972'15, Page 484,9 of the Deed Records of Dallas Count', Texas (D R D THENCE South 87 degrees 13 minutes 00 seconds West, gong said northerly right-of-way line, a distance of 25 44 Feet to a 5/8-inch found iron rod x~qth "C&B"cap for the point o£ cup.,ature of a EXHIBIT A page I c~rc~dar curx'e to 'the left, having a radius of 837 60 feet and x~hose chord bears South 68 degrees 20 minutes 06 seconds West, a distance of 542 12 feel; THENCE in a Southwesterb direction, continuing along said northerly right-of-way line and along said circular curxe to the left, through a central angle of 37 degrees 45 nunules 48 seconds, an arc distance of 552 06 feet to a 5/8-inch found ~ron rod ;xith C&B cap for comer, smd point being on the south line of said 2593 acre tract of land and the north line of Vista of Coppell Phase lB Addmon, an addition to lhe City of Coppe]l, Texas as recorded in Volume 98043, Page 66, DR D C T, THENCE North 89 degrees 05 minutes 26 seconds West, along the common hne of said 25 93 acre tract and sand Vista of Coppell Phase lB Addmon, a distance of 1,14202 Feet to a l/2-inch found ~ron rod for comer in said southeasterly right-of-way line of Slate Highway 121, same being the southwest comer of said 2593 acre tract of land, also being on the common city Iimil line bet'aeen the Cie' of Lewisville, Denton County, Texas and the City of Coppell, Denton County, Texas; THENCE North 61 degrees 55 minutes 50 seconds East, along said southeasterly right-of-way line, departing said common crty limit line, a dislance of 7393 feel to a 1/2-inch set ~ron rod with cap for comer; THENCE North 52 degrees 35 rmnutes 20 seconds East, continuing along said southeasterly nght-of- ;~ay line, a d~stance of 16374 feet to a 1/2-inch set iron rod with cap for comer; THENCE North 07 degrees 35 rmnutes 20 seconds East, conlmuing along said southeasterly right-of- ~.ay line, a &stance of 16 97 feet to a l/2-inch set ~ron rod with cap for comer on smd common ctts, hmit line; THENCE North 52 degrees 35 nunutes 20 seconds East, continuing along said southeaslerly, nght-of- v,a5 Iine, a distance of 271 31 feet to a 1/2-inch set ~run rod with cap for comer; THENCE North 61 degrees 55 minutes 50 seconds East, along said southeasterly right-o£-xvay hne. departing said common c~ty hmit line, a distance of 73 93 feet to a 1/2-inch set ~ron rod with cap for comer; THENCE North 52 degrees 35 n~nules 20 seconds East, conlinuing along smd southeasterly nght-of- way line, a d~stance of 191 86 feet to a l/2-inch set ~ron rod with cap for comer; THENCE North 07 degrees 35 minutes 20 seconds Easl, continuing along smd southeasterly' nghl-of- way hne, a distance of 16 97 feet to a 1/2-inch set iron rod with cap for comer on said common city hmzt line; THENCE Norlh 52 degrees 35 rrunules 20 seconds East, conunanng along said southeasterly' nght-of- way line, a distance of 3662 feet to a 5/8-inch found iron rod with "C&B" cap for the beglmnmg of a c~rcular cur~'e to the righl, having a radius of 3,80472 feet and whose chord bears North 58 degrees 03 nUnules 07 seconds East, a distance of 724 45 feet; THENCE ~n a Northeasterly direction, along said southeasterly' right-of-way line, and said nonhv, esterly line of the 25c~3 acre tract of land, and smd common c~ty limit line, cup,,irtg to the righl, through a central angle of 10 degrees 55 rmnutes 34 seconds, an arc distance of 72555 feet to THE POINT OF BEGINSNING and CONTAINING 820,430 square feet or 18 83 acres of l amd more or )ess EXHIBIT A page 2 EXHIBIT "B" ~iXHI BIT C EXttlBIT D © EXHIBIT F EXHIBIT O ',1 ..... ,'1, I"li! JlI ~J Jl Iii i: !il :J I | l,hJl,JJh EXI:II BIT Ii EXHIBIT H EXHIBIT I EXItlB1T "J" "HC" HIGItWAY COMMERCIAL DISTRICT REGULATIONS Use regulations. A building or premise shall be used only for the following purposes: Any use permitted in the "O" office district. (See section I2-22-2 for exceptions). 2. Any use permitted tn the "R" retail district. 3. Temporar3, amusement acuv~ty (approved by city council resolution). 4 Exhibinon hall. 5 Equipment sales. 6. Hotel or motel 7. Newspaper printing 8. Radio, television or m~crowave receiving dish (subject to screemng regulations; see sectmn 12-33-1). 9 University, college, or parochial school and related facilities. 10. Any use permitted by special use pernm, as listed in sections 12-30-7, 12-30-8 or 1 2-30- 9. (See sectmn 12-22-2 for exceptions). Non-permitted uses. For clarity, the following uses, though not limited to the following, are specifically n~3t permitted uses within the "HC" district even with a special use permit. 2. 3. 4 5 6 7. Airport. Crop production. Kennels. Any use requiring outside storage. Pawn shops. Seed store. Used automobile sales or display, repair garages, tire and seat cover shops, or auto laundries unless incidental to a service station, except as provided herein. Self-storage or trent-warehouses. EXttlBIT "K" ~,qSTA POINT I1 / MACARTHUR RIDGE SIGN CRITERIA The purpose of this sign crtlerla Is to create a graphic enwronment which is individual and distinctive in identity for the Tenant and also compatible with other s~gns tn the center. The total concept should give an impression of quality and professionalism and instill a good business ~mage. Lcttenng shall be well proportioned, and its design, spacing and legibility si~all be a major criterion for approval. REQUIRED SIGNS l. Tenant shall identify its premises by erecting one (1) facia sign which shall be attached directly to the building fascia as described hereinafter. Subject to the restrictions under "Size of Sign" below, for buildings and leaseholds with one (1) front facade, (front faCade being defined as the building surface directly facing a dedicated street, or where street frontage does not exist, ~t shall be defined as the width of the lease space which contains the mare entry.), attached signs located at a height of 36 feet or less are permitted a maximum aggregate effective area equal to one-square foot per lineal foot of leasehold frontage, as applicable, or 300 square feet, whichever is less. TYPE OF FASCIA SIGN Non-dluminated or reverse lighted individually pm mounted channel letters. SIZE OF SIGN 1. Depth - 5 ~/2"; height not to exceed 36". Multiple Rows - not to exceed 36" in total height including spaces between rows. Minimum Letter Size - 10". 2. In any case the overall length or spread of the sign cannot exceed 70% of the total linear measurement of the mare entry storefront of]eased space or 40'-0", whichever is less. 3. In the case of an irregularly shaped sign or logo sign with letters and/or symbols directly affixed to the wall ora building, the area of the sign shall be the entire area within a single comlnuous rectilinear perimeter of not more than the proportional maximum height and width hmitat~ons noted above. TYPE OF SIGN 1. Box type signs will not be allowed. COLOR 1. Matte is finish required. 2. Colors are limited to white, ivory, or black. All signs on any building shall be a consistent color, expect for logos as provided for herein. Logos are permitted up to a maximum of 20% of the area of the sign. CONSTRUCTION OF LETTERS t. Returns and Fronts - .063 aluminum gauge (minimum) 2 Back of letters shall ha;'e a rnmimum of 1/8" clear Plexiglass face. EXHIBIT K Page 1 of 2 3. No exposed trim caps are permitled 4. Letters are to be pin mounted 1" offbuilding fascia. 5. U.L. labelis required. ILLUMINATION AND WIRING 1. If illuminated individual letters are to be backlit with neon tubing, such tubing must be concealed in the letter and project the light source back on the building fascia. 2. Secondary' Wiring - Ail transformers and secondary wiring are to be concealed behind parapets or within soffits. 3. Routing of conduit shall be below roof deck and not visible. PLACEMENT AND INSTALLATION General Notes 1. Tenant signage shall be as close to a center-of-frontage location as possible, subject to allowance for comer pos~tionlng. 2. Attachment of signage is to be U.L. approved. No exposed wrong is permitted. 3. All fasteners used are to be non-con-os~ve stainless steeI. TRAILER SIGNS AND/OR TEMPORARY SIGNS ~VILL NOT BE PEI~MITTED. THE FOLLOWING ARE NOT PERaMITTED 1. Roof s~gns or box signs 2. Exposed seam tubing 3. Animated or moving components 4. Intermittent or flashing illumination 5. Iridescent or fluorescent painted sigms 6. Letters mounted or painted on illuminated panels 7. Signs or letters painted directly on any surface except as herein provided EXHIBIT K Page 2 of 2