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PD-186R4-AG020611F AGENDA REQUEST FORk{ CITY COUNCIL MEETING: June 11, 2002 ITeM # 7lB ITEM CAPTION: Consider approval of an Ordinance for Case No. PDo186R4, Duke-Freeport, zoning change from PD-186R2 (Planned Development-186R2) to PD-186R4 (Planned Development-186R4) to attach a Detail Site Plan to allow the construction of an approximate 160,000 square-foot building (Building 4) and to reduce the required parking on approximately 11.8 acres of property located along the west side of Freeport Parkway, north of Bethel Road, and authorizing the Mayor to sign. APPROVED BY SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services CITY COUNCIL 'STAFF COMMENTS: ON ABOVE DATE, Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On April 18, 2002, the Planning Commission unanimously approved this zoning change request (6-0). On May 14, 2002, City Council unanimously approved this zoning change request (6-0). Staff recommends approval. Motion to Approve Ordinance No. 91500-A-323 M - Tunnell S - Raines Vote - 6-0 Vnr~' nhennf DIR. INITIALS: ~I _ .FIN. REVIEW: Agenda Request Form - Revised 5/00 ~ PD 186R4 Duke-FreeportOrd. 1-Agenda Request AN ORDINANCE OF THE 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 IN ZONING FROM "PD-186R2" (PLANNED DEVELOPMENT-186 REVISED 2) TO PD-186R4 (PLANNED DEVELOPMENT - 186 REVISED 4) TO ATTACH DETAH, PLANS TO ALLOW FOR THE CONSTRUCTION OF AN APPROXIMATE 160,000 SQUARE FOOT BUILDING (BUILDING 4) ON APPROXIMATELY 11.8 ACRES LOCATED ALONG THE WEST SIDE OF FREEPORT PARKWAY, NORTH OF BETHEL ROAD, AND' BEING MORE PARTICULARLY' DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF A SITE PLAN, LANDSCAPE PLAN, ALTERNATIVE LANDSCAPE PLAN AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS "B", "C" "D" AND "E", RESPECTIVELY; 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 goveming body is of the opinion that Zoning Application No. PD-186R4 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 fi.om "PD-186R2" (Planned Development 186 Revised 2) to PD-186R4 (Planned Development - 186 Revised 4) to allow for the construction of an approximate 160,000 square foot building (Building 4) on approximately 11.8 1 48183 acres 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 the following development conditions set forth: A. That the property shall be developed in accordance with the Site Plan, Landscape Plans, Alternative Landscape Plan and Elevations, attached hereto as Exhibits "B", "C" "D", and "E", respectively SECTION 3. That the Site Plan, Landscape Plan, and Elevations, 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 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 govemed 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. 2 4s~s3 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 PASSEl) by the City Council of the City of Coppell, Texas, this the ~ day of &~,~,~_~ j ,2002. ROBERT E. H~E~ (REH/cdb 5/31~ ATTORNEY 3 48183 WHEREAS, Texas Dugan, Limited Partnership is the owner of a 11.835 acre tract of land situated In the dohn Vest Survey. Abstract No. 1508, Dallas County, Texas; said tract being a portion of Lot 2. Block A, Duke-Freepor~t. Addition, an addition to the City of Coppell. Texas according to the plat recorded in Volume 2001065, Page 037 of the Deed Records of Dallas County. Texas; said 11.855 acre tract being more particularly described as follows; COMMENCING, at a point at the intersection on the north line of Bethel Road (a variable width Hght-of- way, 90 feet wide at this point) and the west right-of-way line of Freeport Parkway (a variable width rlght- of-way, 154.. feet wide at this point); said point being the southeast corner of said Lot 2; THENCE, northedy, along the said west line of Freeport Parkway, the following five calls; North O0 degrees, 30 minutes, 15 seconds East, a distance of 110.00 feet to the beginning of a curve to the right whose center bears South 89 degrees, 29 minutes. 45 seconds East, a distance of 260.00 feet from said point; In a northerly, direction, along said tangent curve to the right, through a central angle of 12 degrees, 54. minutes, 4.1 seconds, an arc distance of 57.08 feet, on a chord bearing and distance of North 06 degrees, 4.7 minutes, 55 seconds East, 56.96 feet to the beginning of a point of reverse curvature to the left whose center bears North 76 degrees, 55 minutes, 04. seconds West, a distance of 240.00 feet from said point; In a northerly direction, along said reverse curve to the left, through a central angle of 12 degrees, 54. minutes, 41 seconds, an arc distance of 52.69 feet, on a chord bearing and distance of North 06 degrees, 4.7 minutes, 55 seconds East, 52.58 feet to a point at the end of said curve; North O0 degrees, 50 mlnutes, 15 seconds East, a dlstance of 80.15 feet to the beginning of a curve to the left whose center bears North 89 degrees. 29 minutes, 4.5 seconds West. a distance of 1301.12 feet from said point; In a northerly dlrectlon, along sold tangent curve to the left, through a central angle of 20 degrees, 55 minutes, 55 seconds, an arc distance of 475.54. feet, on a chord bearing and distance of North 09 degrees, 57 minutes, 45 seconds West, 472.70 feet to a 1/2-inch iron rod with 'Pacheco Koch' cap set at the POINT OF BEGINNING; THENCE, South 54 degrees, 04. minutes, 54 seconds West, departing said west line of Freeport Parkway, a distance of 582.50 feet to a 1/2-inch iron rod with 'Pacheco Koch' cap set for comer;. THENCE. North 89 degrees, 29 minutes, ~5 seconds West, a distance of 450.68 feet to a 1/2-1nch iron rod with 'Pacheco Koch' cap set for comer;, THENCE. South 47 degrees. 54 minutes. 19 seconds West, a distance of 25.10 feet to a 1/2-inch Iron rod with 'Pacheco Koch' cap set for comer;. THENCE. North 89 degrees. 29 minutes. 45 seconds West, a distance of 25.59 feet to a 1/2-inch iron rod with 'Pacheco Koch' cap set for corner; THENCE. North O0 degrees, 50 minutes. 15 seconds East, a distance of 791.75 feet to a 1/2-inch iron rod with 'Pacheco Koch' cap set for corner;, THENCE. South 89 degrees, 29 minutes, 45 seconds East. a distance of 110.40 feet to a 1/2-1rich Iron rod with 'Pachoco Koch' cap set for comer;. THENCE. North 66 degrees, 51 minutes, 54 seconds East. a distance of 50.25 feet to a 1/2-1rich iron rod with 'Pacheco Koch' cap set for corner;, THENCE, North 51 degrees, 15 minutes. O0 seconds Ea-'st. a distance of 122.16 feet to a 1/2-inch Iron rod with 'Pacheco Koch' cap set for comer In the sold west line of Freeport Parkway and on a curve left whose center bears North 51 degrees, 15 minutes. O0 seconds East a dlstance of 1411.12 feet from said point; THENCE. In southeasterly a direction along the said west line and said curve to the left, through a cen~al angle of O0 degrees, 48 mlnutes, 58 seconds, an arc distance of lg.97 feet. on a chord bearing and distance of South 59 degrees, 09 minutes, 20 seconds East. 19.97 feet to a 1/2-inch iron rod with 'Pacheco Koch' cap set at a point of reverse curvature to the rlght whose center bears South 50 degrees. 26 minutes, 21 seconds West. a distance of 1501.12 feet from said point; THENCE, In a southeasterly direction, along said west line and said reverse curve to the right, through a central angle of 59 degrees, 07 minutes. 58 seconds, an arc distance of 888.66 feet. on a chord bearing and distance of South 59 degrees. 59 minutes. 40 seconds East, 871.49 feet to the POINT OF BEGINNING; CONTAINING, 515,551 square feet or 11.855 acres of land. more or less. /*'T'x EAST ELEVATION ) I III--___ II III ITl I~i 0PARTIAL'~OU~H ELEVATI~I"'" /"~ BUILDING SIGN __KEY~PLAN t FREEPORT NORTH AT FREEPORT PARKWAY ~H~ET TITLE: BUILDING ELEVATIONS JO~ NUMBER: ~2001