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CC approved ORDINANCE 3/11/03AGENDA REQUEST FORM COPPELL DEPT: Planning & Economic Development DATE: March 11, 2003 ITEM #: 9/E ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-186R5, Duke-Freeport, zoning change fi'om PD-186R2 (Planned Development-186R2) to PD-186R5 (Planned Development-186R5) to attach a Detail Site Plan to Tract 1, to allow the construction of an approximate 1,101,500 square-foot building on approximately 55.07 acres of property located at the southeast comer of Freeport Parkway and Ruby Road, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: Decision of P&Z Commission: APPROVED BY CITY COUNCIL N/A N/A ON ABOVE DATE Motion to Approve Ord. # 91500-A-346 M - Tunnell S - Peters Vote - 7-0 The P&Z Commission unanimously approved (6-0) this zoning change on December 19, 2002. City Council unanimously approved (7-0) this zoning change on January 14, 2003. Staff recommends approval. DIR. REVIEW: : Agenda Request Form - Revised 09/02 FIN. REVIEW: CM REVIEW: Document Name: ~PD-186R50RD I-AR (consent) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS O INANCE NO. -,q 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-186R2) TO PD-186R5 (PLANNED DEVELOPMENT- 186R5) TO ATTACH A DETAILED SITE PLAN TO TRACT 1 TO ALLOW FOR THE CONSTRUCTION OF AN APPROXIMATE 1,101,500 SQUARE FOOT BUILDING ON APPROXIMATELY 55.07 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF FREEPORT PARKWAY AND RUBY ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", WHICH IS ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SIGN EXHIBITS, CONCEPTUAL SITE PLAN, ELEVATION PLANS, OVERALL LANDSCAPE PLAN, EXISTING TREE PLAN AND NOTES AND, LANDSCAPE PLANS FOR WEST AND EAST SIDE, ATTACHED HERETO AS EXHIBITS "B-I", "B-2", "C", "D-I", "D-2", "D-3", "E", "F-I", "F-2", "G-I", AND "G-2", RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABIL1TY 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-186R5 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from "PD-186R2" (Planned ! 53935 Development 186R2) to PD-186R5 (Planned Development - 186R5) for the property 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 and as further conditions, Sign Exhibits, Conceptual Site Plan, Elevation Plans, Overall Landscape Plan, Existing Tree Plan And Notes and, Landscape Plans for the West and East Side, attached hereto as Exkibits "B-I", "B-2", "C", "D-I", "D-2", "D-3", "E", "F-I", "F-2", "G-I", and "G-2, respectively: A. That the owner shall be responsible for the cost of the signs required on Ruby Road to prevent truck traffic from using Coppelt Road. B. That there shall not be any Eastern Red Cedars removed from the east property line. C. That along the east property line all trees shall be pruned and cleaned up and the shrubs and vines shall be cleaned. SECTION 3. That the Sign Exhibits, Conceptual Site Plan, Elevation Plans, Overall Landscape Plan, Existing Tree Plan And Notes and, Landscape Plans for the West and East Side, attached hereto as Exhibits "B-I", "B-2", "C", "D-I", "D-2", "D-3", "E", "F-I", "F-2", "G-I", and "G-2, 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 2 53935 affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, 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 _ ]/t ~ day of ~, 2003. C~ SHEEH~N, MAYOR- ' ATTEST: BB¥ B f /CiTY SECP, T a Y ROBERT E. HA~, CITY ATTORNEY (REH/cdb'~6/03) 3 53935 LEGAL DESCRIPTION WHEREAS, Duke Realty Limited Partnership is the owner of o 55.071 acre tract of land situated in the ,John Vest Survey. Abstract No. 1508, County of Dallas, State of Texas; said tract being a portion of that some tract of land os conveyed In Warranty Deed to Texas Dugan Limited Partnership, recorded In Volume 2000251, Page 2675 of the Deed Records of Dallas County, Texas; said tract being o portion of Lot 1. Block A. Duke-Freeport Addition, an addition to the City of Coppell, Texas. recorded in Volume 2001065, Page 00037, of the Deed Records of Dallas County, Texas; said 55.071 acre tract being more particularly described os follows; BEGINNING, at a point in the intersection of the south right-of-way line of Ruby Road (a variable width right- of-way) and the west right-of-way line of Coppell Road (a 60 foot right-of-way), sold point being the northeast corner of said Lot 1; THENCE, South O0 degrees. 27 minutes. 49 seconds West. departing said south line of Ruby Road and along sold west line of said Coppell Road and the east Hne of said Lot 1, a distance of 962.81 feet to o 1/2- inch Iron rod with 'Pacheco Koch" cop found for corner; said point also being the northeast comer of Lot 4, Block A, Duke-Freeport Addition, on addition to the City of Coppell, Texas, recorded in Volume 2001134. Page 00074. of the Deed Records of Dallas County. Texas; THENCE, North 89 degrees. 29 minutes. 45 seconds West, along the north line of said Lot 4, a distance of 1464.35 feet to o ~+" cut in concrete set for the northwest comer of said Lot 4; sold point also being the northeast corner of a Drainage Easement as recorded by Instrument in Volume 2001098, Page 02945. of the Deed Records of Dallas County. Texas; THENCE. South O0 degrees, 30 minutes, 15 second West, along the west Ilne of s~id Lot 4. o distance of 427.53 feet to a 1/2-inch iron rod with "Pacheco Koch' cop found for camac sold point being o re-entrant corner of said Lot 4; THENCE. South 52 degrees, 53 minutes, 06 seconds West, o distance of 29.87 feet to o 1/2-Inch iron rod with 'Pocheco Koch' c(3p found in the east right-of-way line of Freeport Parkway (a 110 foot wide right-of-way); sa~d point being located on a non-tangent curve to the left whose center bears South 50 degrees, 25 minutes. 37 seconds West, et a distance of 1411.12 feet from said point; THENCE. northerly along the said east line of Freeport Parkway the following five courses & distances; NortheHy along the said curve to the left. through o central angle 'of 19 degrees, 59 minutes, 16 seconds, an arc distance of 492.27 feet on the chord bearing and distance of North 4g degrees, 34 minutes, 01 seconds West, 489.78 feet to a 1/2-inch Iron rod with "Pacheco Koch" cop set at the end of the said curve; said point being the beginning of a reverse curve to the right whose centro~ bears, North 50 degrees. 26 minutes, 21 seconds East, ~ distance of 1301,12 feet from said point; Northerly along the said curve to the right, through o central angle of 49 degrees. 05 minutes, 35 seconds, an arc distance of 1114.84 feet on the chord bearing and distance of North 35 degrees, O0 minutes. 51 seconds West, 1081,05 feet to a l/2-~nch iron rod with "Pacheco Koch" cap set at the end of the said curve; s(31d point being the beginning of compound a curve to the right whose center bears. North 79 degrees, 31 minutes, 56 seconds East, a distance of 240.00 feet from sold point; Northerly along the sold compound curve to the right, through e central angle of 15 degrees, 14 minutes. 29 seconds, an arc dlstonce of 63,84 feet on the chord bearing end distance of North 02 degrees, 50 minutes, 50 seconds West. 65.65 feet to a 1/2-Inch iron rod with 'Pacheco Koch" cop set (3t the end of the said curve; said point being the beginning of o reverse curve to the left whose center bears, North 85 degrees, t3 m~nutes, 35 seconds West, o distance of 260.00 feet from said point; Northerly along the said reverse curve to the left. through o central angle of 10 degrees. 22 minutes, 26 seconds, on arc distance of 47.08 feet on the chord bearing and distance of North O0 degrees, 24 minutes. 48 seconds West, 47.01 feet to o 1/2--inch iron rod with "Pacheco Koch" cop set at the end of the said curve; said point being the beginning of a reverse curve to the right whose center bears, North 64 degrees, 23 minutes. 58 seconds East, (3 distance of 1289.12 feet from sold point; Northerly along the sold curve to the Hght, through (3 central angle of 04 degrees, 43 minutes, 14 seconds, en arc distance of 106.21 feet on the chord bearing and distance of North 0;5 degrees, 14 minutes, 25 seconds West, 106,18 feet to o 1/2-Inch Iron rod with "Pacheco Koch" cop set at the end of said curve; said point being intersection of the said south line of Ruby Rood end the east right-of-way line of Freeport Parkwa~ THENCE, easterly departing said east line of Freeport Parkway and along the proposed south line of Ruby Road the following three coarses & distances; South 89 degrees, 32 minutes. 47 seconds East a distance of 128,45 feet to a 1/2-inch iron rod with "Pacheco Koch" cap set for angled point; South 8g degrees, 06 Minutes, O0 Seconds East, a distance of 1070.09 feet to a 1/2-1nch iron rod with "Pecheco Koch" cop set at an angle point; South Bg degrees, 43 minutes, 11 seconds East, a distance of 1303.87 feet to the POINT OF BEGINNING; CONTAINING; 2,598,873 square feet or 55.071 acre of ~ond, more or less. 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