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CC approval of ORD.-1/11/05AGENDA REQUEST FORM COPPELL DEPT: Planning DATE: January 11, 2005 ITEM #: 13 ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-208-LI, Coppell Trade Center, zoning change from LI (Light Industrial) to PD-208-LI (Planned Development-208-Light Industrial) to approve a Concept Plan to allow the construction of approximately 645,000-square-feet of office warehouse uses on 40.6 acres of property, and approval of a Detail Plan for Phase 1 on 12.87 acres of property, containing a 195,845-square-foot building located along the north side of Sandy Lake Road, between Northpoint Drive (extended) and the extension of Freeport Parkway, and authorizing the Mayor to sign. APPROVED BY GOAL(S): CITY COUNCIL ON ABOVE DATE Motion to Approve Ord. # 91500-A~02 M - York S - Faught Vote - 6-0 Tunnell absent EXECUTIVE SUMMARY: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On November 18, 2004, the Planning and Zoning Commission unanimously approved this zoning change (6-0). On December 14, 2004, Council approved this zoning change (6-1) with Councilmember Tunnel voting in opposition. Staffrecommends approval. Agenda Request Form - Revised 09/04 Document Name: ~4PD-208 ORD I-AR AN ORDINANCE OF THE CITY OF COPPELI., TEXAS ORDIN CE NO. q"40 Z- 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 ZONING CHANGE REQUEST FROM LI (LIGHT INDUSTRIAL) TO PD-208-LI (PLANNED DEVELOPMENT-208-LIGHT INDUSTRIAL) TO APPROVE A CONCEPT PLAN TO ALLOW THE CONSTRUCTION OF APPROXIMATELY 645,000-SQUARE-FEET OF OFFICE WAREHOUSE USES ON 40.6 ACRES OF PROPERTY, AND APPROVAL OF A DETAIL PLAN FOR PHASE I ON 12.87 ACRES OF PROPERTY, CONTAINING A 195,845-SQUARE-FOOT BUILDING LOCATED ALONG THE NORTH SIDE OF SANDY LAKE ROAD, BETWEEN NORTHPOINT DRIVE (EXTENDED) AND THE EXTENSION OF FREEPORT PARKWAY, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE CONCEPT SITE PLAN, DETAIL SITE PLAN FOR PHASE 1, DETAIL LANDSCAPE PLAN FOR PHASE 1, EXISTING TREE PLAN, ELEVATIONS AND COLOR RENDERING, ATTACHED HERETO AS EXHIBITS "B, C, D, E, F, AND G", 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 heatings and affording a full and fair hearing to all propcrty 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-208-LI 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 L! (Light Industrial) to PD-208- 1 70464 LI (Planned Development-208-Light Industrial) to approve a Concept Plan to allow the construction of approximately 645,000-square-feet of office warehouse uses on 40.6 acres of property, and approval of a Detail Plan for Phase 1 on 12.87 acres of property, containing a 195,845-square-foot building located along the north side of Sandy Lake Road, bem'een Northpoint Drive (extended) and the extension of Freeport Parkway, and being more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes. SECTION 2. That the Planned Development District for Light Industrial Uses is hereby approved, subject to the following special condition: 1) The tree mitigation fee in the amount of $120,000 shall to be paid in two phases of $60,000 each, payable prior to the issuance of the C.O. for each phase, or in full within five years. SECTION 3. That Concept Site Plan, Detail Site Plan for Phase 1, Detail Landscape Plan for Phase 1, Existing Tree Plan, Elevations and Color Rendering, attached hereto as Exhibits "B, C, D, E, F, and G", respectively, and made a part hereof for all purposes, are hereby approved as special development standards for the Planned Development granted herein. 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 2 70464 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 ever3' 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 .II ~ day of D )b'~L~"_S~'T~J~Z'ER, MAYOR ATTEST: I}~L~I~IT9 ~-E C-R~ T'-AR y ,ePROV D. Xk 3 70464 LEGAL DESCRIPTION WHEREAS COPPELL 5ANDY LAKE INDUSTRIAL, LP is the sole owner of a 40.655 acre tract of situated in the John E. Holland Survey, Abstract No, 614, Dallas County, Texas, and bein~ part cf that tract Of land deeded to JATO(JR PARTNERS, L.P. as recorded in Vol. 95197. Pg. 59, Deed Records of Dallas County, Texas (D.R.D.C.T.), and being more particularly descnbed as BEGINNING at o 5/8-iron rod found for a corner being the southwest corner of said ~F0.655 acre tract; THENCE North 0CT37'00" West, along said tract, a distance of 1387.40 feet to a 5/B--inch iron rod found for a comer, THENCE South 89'55'16" East, along the nortJn line of said tract, a distance of 1275.09 feet to cl 5/8-inch iron rod found for o corne~, THENCE South 00'37'18" East. along the east line of said tract, a distance of 1390.39 feet to o 5/8-inch iron rod found for a corner; THENCE North 89'45't2" West, atong the south line of siad tract, a distance of 1275.25 feet to the POINT OF BEGINNING and contmning 1,770,908 sq. ft. or 4~.655 acres of land more or less. EXHIBIT "A" --4 I I I I I J I EXHfBI~ ~Cn EXHIBIT "D" EXHIBIT "E" ' -- EXHIBIT "~" EXHIBIT