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CC approval of ORD-7/6/04AGENDA REQUEST FORM T H £ · C ] T Y · 0 F COFFELL DEPT: Planning DATE: July 6, 2004 ITEM #: 14 ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-199-HC, Vista Point II, MacArthur Ridge, zoning change from HC (Highway Commercial) to PD-199-HC (Planned Development-199-Highway Commercial) with a Concept Plan to allow the development six office/assembly/warehouse buildings, totaling approximately 200,000- square feet, and five retail/restaurant pad sites on approximately 26 acres of property located at the southwest comer of S.H. 121 and MacArthur Blvd., and authorizing the Mayor to sign. Motion to Approve APPROVED BY GOAL(S): CITY COUNCIL ON ABOVE DATE EXECUTIVE SUMMARY: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A Ord. # 91500-A-381 M - Faught S - Raines Vote - 6-0 Tunnell absent On December 18, 2003, the Planning Commission denied this zoning change (5-2). On April 13, 2004, Council approved the appeal of this zoning change (6-1). See attached fax from the applicant requesting a postponement till July 6th. Agenda Request Form - Revised 02/04 Document Name: ~ 7PD-199 ORD I-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE 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" 0tlGHWAY COMMERCIAL) TO "PD-199- HC" (PLANNED DEVELOPMENT-199-HIGHWAY COMMERCIAL) TO ALLOW FOR THE DEVELOPMENT OF SlX OFFICE/ASSEMBLY/WAREHOUSE 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 MACARTHUR BOULEVARD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT ATTACHED 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/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,' "1," "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 TWO THOUSAND DOLl. ARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the goveming 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 govcming 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-I99-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 rctail/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," "I," "J," and "K" respectively and the following development standards prior to detail site plan approval for Tract I 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 this development, as depicted on the Landscape Pltu~ 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 13, 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 shall 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 Planned Development district, being Tracts 1 through 7, and not on an individuaI 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 of a 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 ist building on Tracts I or 2. The axvnings 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 1 and 2 only, and the following percentages shall apply: (1) (2) (3) Minimum 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 12-22-1 of the current Highway Commemial Zoning District, attached as Exhibit J, the following uses may be permitted as provided below: (1) Tracts 1 and 2 (only): (a) 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 finished products or parts from previously pr~ypared 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 thousand (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 of 19,600 square feet, provided a Special Use Permit is granted on each tract. The sigm 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 two (2) monument signs each of which will display the name 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 attached 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 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 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 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. 5 63036 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 Coppcll, 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 ,?004. APPROVED AS TO FORM: ROI~ER~ I~.'HAGE~, C~TY/gF~/ORNEY (REI lcdb 6q 2/04) ATTEST: LIBB BAL~rI'y SECRETARY 6 63036 PD-199-HC LEGAL DESCRIPTION BEING a tract of land situated in the CG. Woolsey Survey, Abstract No. 1402, the Thomas B Garvin Survey, Abstract No. 506, the J.H. Donald Survey Abstract No 1696 and the W M. Trimble Surges, Abstract No. 1268 in Denton County, Texas, and being a part of Lot 3R, Block G, Vista Pddge Addition, an addition to the Ci~, of Coppell, Texas, as recorded in Cabinet U, Page 276 of the Plat Records of Denton County, Texas (P.R De C T), and being part of a 2593 acre tract of land described in deed to Centex Land Holdings, L P, as recorded in Volume 5062, Page 761, Deed Records of Denton Count', Texas (DR De C T), and being more particularly described as follows: COMMENCING at a 1/2-inch found iron rod with a 5ellow plastic cap stamped "HALFF ASSOC 1NC ~' (hereinafter referred to as "with cap") at the northwesterly comer of a coiner clip at the intersection of the southeasterly right-of-way line of State Highway 121 (a variable width nght-of- x~ay) as dedicated by deed recorded in file # 94-R0000002, of the Count' Clerk Records Denton County, Texas (C C.R. De C T) with the southwesterly right-of-way line of MacArthur Boulexard (a 120 foot wide right-of-way) same being the northerly comer of the aforementioned 2593 acre tract of land, and being the beginning of a circular curve to the left, having a radius of 3,80472 feet and ~xhose chord bears South 66 degrees 56 minutes 58 seconds West, a distance of 455 85 feet; THENCE in a Southwesterly direction, along said southeasterly right-of-way line, and along said circular curve to the left, through a central angle of 06 degrees 52 minutes 08 seconds, an arc distance of 456 13 feet to a l/2-inch found iron rod with cap for the POINT OF BEGINNING of the herein described tract of land; THENCE South 26 degrees 29 minutes 06 seconds East, departing said southeasterly right of way line, a distance of 33 17 feet to a 1/2-inch found iron rod with cap for comer; THENCE South 36 degrees 50 m~nutes 26 seconds East, a distance of 3690 feet to a 1/2-inch found iron rod with cap for comer; THENCE South 23 degrees 06 minutes 57 seconds East, a distance of 189 00 feet 1o a 1/2-inch found iron rod with cap for comer; THENCE North 66 degrees 53 rmnutes 03 seconds East, a distance of 21634 feet to a 1/2-inch found iron rod with cap for comer; THENCE South 23 degrees 06 minutes 57 seconds East, a distance of 8264 feet to a 1/2-inch found iron rod with cap for comer; THENCE South 07 degrees 25 rmnutes 00 seconds East, a distance of 351 45 feet to a 1/2-inch found tron rod with cap for comer; THENCE South 02 degrees 47 minutes 00 seconds East, a distance of 133.96 feet to a 1/2-inch found iron rod x~ith cap for comer, said point being on the northerly right-of-way line of Forest Hill Drive (50 loot wide right-of-way) as dedicated by deed recorded in Volume 97215, Page 4849 of the Deed Records of Dallas County, Texas (D.RD CT); TItENCE South 87 degrees 13 minutes 00 seconds West, along said northerly right-of-wa.y line, a distance of 2544 feet to a 5/8-inch found iron rod x~4th "C&B"cap for the point of curvature of a EXHIBIT A page 1 circular curve to the left, having a radius of 83760 feet and whose chord bears South 68 degrees 20 minutes 06 seconds West, a distance of 542.12 feet; THENCE in a Southwesterly direction, continmng along said northerly right-of-way line and along sand circular curve to the left, through a central angle of 37 degrees 45 minutes 48 seconds, an arc distance of 552.06 feet to a 5/8-inch found iron rod with C&B cap for comer, sa. id point being on the south line of sand 25.93 acre tract of land and the north line of Vista of Coppell Phase 1B Addition, an addition to lhe City of Coppell, Texas as recorded in Volume 98043, Page 66, DRD.C T; THENCE North 89 degrees 05 minutes 26 seconds West, along the common line of said 25.93 acre tract and said Vista of Coppell Phase lB Addition, a distance of 1,14202 feet to a l/2-inch found iron rod for comer in smd southeasterly right-of-wa5 line of State Highway 121, same being the southwest comer of sand 25.93 acre tract of land, also being on the common city limit line between the City_. of Lev, isville, Denton County, Texas and the City of Coppell, Denton Counly, Texas; THENCE North 61 degrees 55 minutes 50 seconds East, along said southeasterly right-of-way line, departing said common ciU limit line, a distance of 73.93 feet to a 1/2-inch set iron rod with ~ap for comer; THENCE North 52 degrees 35 minutes 20 seconds East, continuing along said southeasterly right-of- way' line, a distance of 163.74 feet to a l/2-inch set iron rod with cap for comer; THENCE North 07 degrees 35 minutes 20 seconds East, continuing along said southeasterly right-of- way line, a distance of 1697 feet to a 1/2-inch set iron rod with cap for comer on sand common crty lmiit line; THENCE North 52 degrees 35 minutes 20 seconds East, continuing along sand southeasterly nght-of- x~ay Ithe, a dislance of 271 31 feet to a 1/2-inch set iron rod with cap for comer; THENCE North 61 degrees 55 minutes 50 seconds East, along said southeasterly right-of-way line, departing said common city limit line, a distance of 7393 feet to a l/2-inch set iron rod with cap for comer; THENCE North 52 degrees 35 minutes 20 seconds East, continuing along sand southeasterly nght-of- x~ay line, a distance of 19186 feet to a 1/2-inch set iron rod with cap for comer; THENCE North 07 degrees 35 minutes 20 seconds East, continuing along sand southeasterly nght-of- way line. a distance of 1697 feet to a 1/2-inch set iron rod with cap for comer on said con--nnon city limit line; THENCE North 52 degrees 35 minutes 20 seconds East. continuing along said southeasterly right-of- way line, a distance of 36.62 feet to a 5/8-inch found iron rod with "C&B" cap for the beginning of a circular curve to the right, having a radius of 3,80472 feet and whose chord bears North 58 degrees 03 minutes 07 seconds East, a distance of 724 45 feet; THENCE in a Northeasterly direction, along said southeasterly nght-of-way line, and said northwesterly line of the 25.93 acre trac! of land, and sand common city limit line, curving to the right, through a central angle of 10 degrees 55 minutes 34 seconds, an arc distance of 72555 feet to THE POINT OF BEGINNING and CONTAINING 820,430 square feet or 18 83 acres of land more or less EXHIBIT A page 2 EXHIBIT ~XflIBIT D EXHIBIT F EXHIBIT G ~|1 ,i EXHIBIT G-I EXHIBIT H EXHIBIT I EXHIBIT "J" "HC" HIGHWAY COMMERCIAL DISTRICT REGULATIONS Use regulations, A building or premise shall be used only for the following purposes: 1. Any use permitted in the "O" office district. (See section 12-22-2 for exceptions). 2. Any use permitted in the "R" retail district. 3. Temporary amusement activity (approved by city council resolution). 4. Exhibition hall. 5. Equipment sales. 6. Hotel or motel. 7. Newspaper printing. 8. Radio, television or microwave receiving dish (subject to screemng regulations; see section 12-33-1). 9. University, college, or parochial school and related facilities. 10. Any use permitted by special use permit, as listed in sections 12-30-7, 12-30-8 or 12-30- 9. (See section 12-22-2 for exceptions). Non-permitted uses. For clarity, the following uses, though not limited to the following, are specifically not permitted uses within the 'HC" d'strict 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 mini-warehouses. EXHIBIT "K" VISTA POINT II / MACARTHUR RIDGE SIGN CRITERIA The purpose of this sign criteria is to create a graphic environment which is individual and distinctive in identity for the Tenant and also compatible with other signs in the center. The total concept should give an impression of quality and professionalism and instill a good business image. Lettering shall be well proportione& and its design, spacing and legibility shall be a major criterion for approval. REQUIRED SIGNS 1. 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, it shall be defined as the width of the lease space which contains the main 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 S1GN Non*illuminated or reverse lighted individually pin mounted channel letters. SIZE OF SIGN 1. Depth - 5 V2"; 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 main entry storefront of leased space or 40'-0", whichever is less. 3. In thc case of an irregularly shaped sign or logo sign with letters and/or symbols directly affixed to the wail of a building, the area of the sign shall be the entire area within a single continuous rectilinear perimeter of not more than the proportional maximum height and width limitations 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 1. Returns and Fronts - .063 aluminum gauge (minimum) 2. Back of letters shall have a minimum of 1/8" clear Plexiglass face. EXHIBIT K Page 1 of 2 3. No exposed trim caps are permitted 4. Letters are to be pin mounted 1" off building fascia. 5. U.L. label is required. ILLUMINATION AND WIRING l. 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 All 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 positioning. 2. Attachment of signage is to be U.L. approved. No exposed wiring is permitted. 3. All fasteners used are to be non-corrosive stainless steel. TRAILER SIGNS AND/OR TEMPORARY SIGNS VClLL NOT BE PERMITTED. THE FOLLOWING ARE NOT PERMITTED 1. Roof signs or box signs 2. Exposed seam tubing 3, Animated or moving components 4. Intermittent or flashing illumination 5. Iridescent or fluorescent painted signs 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