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CC approval of ORD-11/9/04AGENDA REQUEST FORM COPPELL DEPT: Planning DATE: November 9, 2004 ITEM #: 9/D ITEM CAPTION: Consider approval of an Ordinance for Case No. ?D-205-HC, Vista Ridge Addition, Lots 1BR-8X Block D (The Plaza), zoning change from HC (Highway Commercial) to PD-205-HC (Planned Development-205-Highway Commercial), to allow for the development of six, one- and two-story general and medical office buildings, totaling approximately 62,700-square feet, and two common areas, on 7.77 acres of property located along the north side of S.H. 121, approximately 670 feet east of Denton Tap Road, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve Ord. # 91500-A-395 M - York S - Brancheau Vote - 7-0 ,.' ~= Date of P&Z Meeting: September 16, 2004 Decision of P&Z Commission: Approval is recommended, subject to the following conditions: On September 16, 2004, the Planning Commission approved this zoning change (6-0-1) with Commissioners McCaffrey, Kittrell, Halsey, Borchgardt, Foreman and Reese voting in favor. None opposed. Commissioner Milosevich filed an Affidavit of Conflict of Interest. On October 12, 2004, Council unanimously approved this zoning change (7-0). Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: ~PD-205-HC ORD I-AR (Con) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~ "3~'~ 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 HC (HIGHWAY COMMERCIAL) TO PD-205-HC (PLANNED DEVELOPMENT-205- H1GHWAY COMMERCIAL), TO ALLOW FOR THE DEVELOPMENT OF SIX, ONE- AND TWO-STORY GENERAL AND MEDICAL OFFICE BUILDINGS, TOTALING APPROXIMATELY 62,700-SQUARE FEET, AND TWO COMMON AREAS, ON 7.77 ACRES OF PROPERTY LOCATED ALONG THE NORTH SIDE OF S.H. 121, APPROXIMATELY 670 FEET EAST OF DENTON TAP ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR SPECIAL CONDITIONS ATTACHED HERETO AS EXHIBIT "B'; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN, LANDSCAPE PLAN, AND ELEVATIONS OF ONE-STORY BUILDINGS AND ELEVATIONS OF TWO-STORY BUILDINGS, ATTACHED HERETO AS EXHIBITS "C, D, E AND F", 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 governing body is of the opinion that Zoning Application No. PD-205-HC should be approved, and in the exercise of legislative discretion have concluded that the Cmnprehensive 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 HC (Highway Commercial) to PD-205-HC (Planned Development-205-Highway Commercial), to allow for the development of 69100 six, one- and two-story general and medical office buildings, totaling approximately 62,700- square feet, and two common areas, on 7.77 acres of property located along the north side of S.H. 121, approximately 670 feet east of Denton Tap Road, 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 special conditions, which are attached as Exhibit "B", attached hereto and made a part hereof for all purposes. SECTION 3. That Detail Site Plan, Landscape Plan, And Elevations of one-story buildings and elevations of two-story buildings, attached hereto as Exhibits "C, D, E and F", 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 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. 2 69100 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, aa~d 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 DOU(J/LAS N.' 'OVER, MAYOR ATTEST: IBBX/BAL~2ITY SECRETARY ROBERT E. HAGET, R,'C~ ATTORNEY (RE}b'cdb Reviewed 8d.j~cvlsed 1 I/2/04) 3 69100 LEGAL DESCRIPTION WHEREAS, JDB COPPELL VILLAGE PLAZA-COMMERCIAL, L.P., A TEXAS LIMITED PARTNERSHIP, IS THE OWNER OF ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND LOCATED IN THE G.C. WOOLSEY SURVEY, ABSTRACT NO. 1402, CITY OF COPPELL, DALLAS AND DENTON COUNTIES, TEXAS AND BEING A PART OF LOT 1, BLOCK "D", VISTA RIDGE, AN ADDITION TO THE CITY OF LEWISVILLE, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET "F", PAGE 271, PLAT RECORDS, DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "CARTER & BURGESS" FOUND FOR CORNER IN THE SOUTH LINE OF HIGHLAND DRIVE, A 75 FOOT PUBLIC RIGHT-OF-WAY, AT THE MOST NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 00 DEGREES 45 MINUTES 51 SECONDS WEST, A DISTANCE OF 1,076.96 FEET TO A 1/2 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "DAA" FOUND IN THE NORTH LINE OF STATE HIGHWAY 121 BY- PASS (SPUR 553, A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY) AT THE SOUTHEAST CORNER OF SAID LOT l, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 6 DEGREES 52 M1NUTES 26 SECONDS, A RADiUS OF 2,665.00 FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 83 DEGREES 08 MINUTES 57 SECONDS WEST, 319.53 FEET; THENCE WESTERLY, ALONG SAID NORTH LINE OF STATE HIGHWAY 121 BY-PASS, AN ARC DISTANCE OF 319.73 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "CARTER & BURGESS" FOUND FOR CORNER; THENCE NORTH 00 DEGREES 45 MINUTES 09 SECONDS EAST, A DISTANCE OF 1,046.12 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "CARTER & BURGESS" FOUND FOR CORNER IN THE SOUTH LINE OF HIGHLAND DRIVE, A 75 FOOT PUBLIC RIGHT-OF-WAY; THENCE SOUTH 88 DEGREES 41 MINUTES 13 SECONDS EAST, ALONG THE SOUTH LINE OF SAID HIGHLAND DRIVE, A DISTANCE OF 317.96 FEET TO A 1/2 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "DAA" FOUND FOR CORNER AT THE NORTHEAST CORNER OF SAID LOT 1, SAME BEING THE POINT OF BEGINNING AND CONTAINING 7.775 ACRES OF LAND, MORE OR LESS. Exhibit "A" Planned Development Regulations PD-205-HC THEPLAZA 1.0 Definitions Definitions used herein shall be the same as those found in Article 42 of the Chapter 12 Zoning of the Code of Ordinances of the CiB' of Coppell, Texas. 2.0 Use Regulations Permitted uses shall be those allowed for the Commercial HC District found in Article 22 of the Chapter 12 Zoning of the Code of Ordinances of the CiB, of Coppell. Texas. All regulations not redefined by this amendment shall default to the existing regulations set forth under the existing zoning classification for HC as it is currently defined. 3.0 Area Regulations The following area regulat ons shall apply: 3. A Minimum Front Yard. · The minimum depth of the front yard shall be ten (10) feet. 3. B Minimum Rear Yard. · The minimum depth of the rear yard shall be ten (10) feet. 3. C Minimum Side Yard. · The minimum depth of the side yard shall be ten (10) feet · A building separation of twenty (20) feet shall be observed between StI'UC[Dres. 4.0 Landscape and Screening, Regulations The following landscape and screening regulations shall apply as provided in Chapter 12, Zoning of the Coppel/Code of Ordinances, except as follows: 4. A Perimeter Landscaping EXHIBIT 'B' Page 1 of 2 4. B 4. C 4. D · A perimeter landscape buffer is not required for the portion of lots abutting Plaza Boulevard. No perimeter landscaping shall be required for the following shared propem.' lines: · Lots 1R&2 · Lots 2 & 3 · Lots 3 & 4 · Lots 4 & 5 · Lots 5 & 6 Non-Vehicular Open Space Landscape Requirements · Less than 50% of the required feature landscaping square footage can be allowed in the front yard. Landscape Calculation Requirements · For the required Interior Landscaping and Non-Vehicular Open Space calculations, it shall not be computed on a Iot by lot basis. It shall be computed as an overall (Lots 1R through 8) landscaping requirement. Screening Wall Requirements · No portion of'any of the lots shall require a screening wall. 5.0 Right-of-Way Width and Roadway Requirements The right-of-way and pavement widths shall vary. For streets located within the right-of-way, the pavement design shall be 6" - 3000 PSI concrete. 6.0 Subdivision Regulations Development shall comply with the Ciiy of Coppell Subdivision Ordinance, except as specifically amended in Section 5.0 of this Exhibit. 7.0 Monument Sign Prior to the issuance of a sign permit for any monument signs, the size, color, font and materials shall be in substantial conformation with the current sign ordinance and regulations and be reviewed and approved by the Director of Planning. EXHIBIT 'B' Page 2 of 2 ~HIBIT "C" Ill Il! fill tip III][ [!:lI :Ill, ii! ,111 l lll i lll Iii ili[ i! Ill l]!:i: I!I, EXHIBIT YZ¥-Id ::1HJ. ~flIBIT "E" ¥'ZYqd qHZ ]~IIIBI? "F-l" YZ~'-M ::IHJ. I : I i !! EXHIBIT "F-2"