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CC approval of ORD 4/12/05AGENDA REQUEST FORM COFPELL DEPTi Planning DATE: April 12, 2005 ITEM #: 16 ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-209-C, TownOaks Centre, zoning change from C (Commemial) to PD-209-C (Planned Development-209-Commercial) to allow variances to the City's Sign Ordinance regarding two monument signs and attached signage at 120 S. Denton Tap Road, located at the southeast comer of Denton Tap and Sandy Lake Roads, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: Decision of P&Z Commission: APPROVED BY CITY COUNCIL ON ABOVE DATE N/A N/A Motion to Approve Ord. # 91500-A405 M - Peters S - Raines Vole - 4-2 Tu~nell & Faught voted against On 12/16/04, the Planning Commission recommended approval of this zoning change (4-3) with Commissioners Borchgardt, Hall and McCaffrey voting in opposition. On 1/I 1/05, Council approved this zoning change (4-2) with Councilmembers Raines and Faught voting in opposition. Councilmember Tunnell was absent. Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: ~8PD~209-C ORD 1-AR 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 C (COMMERCIAL) TO PD-209-C (PLANNED DEVELOPMENT-209-COMMERCIAL) TO ALLOW VARIANCES TO THE CITY'S SIGN ORDINANCE REGARDING TWO MONUMENT SIGNS AND ATTACHED SIGNAGE AT 120 S. DENTON TAP ROAD, LOCATED AT THE SOUTHEAST CORNER OF DENTON TAP AND SANDY LA, KE ROADS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A', ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN, AND DETAIL OF ATTACHED SIGN HERETO AS EXHIBITS "B AND C", 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 heating 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-209-C 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 C (Commercial) to PD-209-C (Planned Development-209-Cornmercial) to allow 72783 variances to the City's Sign Ordinance regarding two monument signs and attached signage at 120 S. Denton Tap Road, located at the southeast comer of Denton Tap and Sandy Lake Roads, 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 as set forth herein below; and the property depicted in Exhibit "A" shall be further developed in accordance with the Detail Site Plan and attached Sign Plan, attached hereto as Exhibits "B" and "C", respectively, subject to the following special conditions: A) One (1) - 150-square-foot attached sign shall be pem~itted for Express Fitness, installed at the angle, as shown, with white letters being individually mounted to black metal plate, with two horizontal red stripes, as shown on Exhibits "B" and "C". B) Two (2) externally-lit monument signs shall be permitted, one shall be located on Denton Tap Road and one on Sandy Lake Road, as shown on Exhibit "B", and as follows: i. The signs shall have bronze nameplates. ii. All nameplates shall be the same height, however; longer sign plates shall be permitted for tenants exceeding 15,000-square feet. iii. The lettering shalI be a minimum of 6-inches in height. iv. Ail fonts and colors shall be identical for all tenants. C) Each monument sign may be a maximum of 63-square feet, 3-square feet of which shall be limited to the architectural accents, as shown on Exhibit "B". D) The monument sign adjacent to Denton Tap Road shall be set back a minimum of two feet from the property line. 2 72783 E) The monument sign adjacent to Sandy Lake Road shall be set back a minimum of one (1) foot from the property line, within the existing island, as depicted in Exhibit "B". F) The building elevations, shall be revised as depicted on Exhibit "B". SECTION 3. That the Detail Site Plan and Detail off' the Attached Sign, attached hereto as Exhibits "B" and "C", 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 Ordi~ance of the City of Coppell, as heretofore amended and as an~ended herein. SECTION 5. That all provisions of the Ordinances o~the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the sagne 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, s[~bdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitt~tional, illegal or invalid, the same shall not affect the validity of this ordinance as a whc~le, or any part or provision thereof other than the part so decided to be unconstitutional, il!egal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as ~ whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Compreheiasive Zoning Ordinance, as amended, in effect when the offense was committed and the former la~v is continued in effect for this purpose. 3 72783 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, ~s heretofore amended, and upon conviction shall be pm~ished by a fine not to exceed ithe 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 irrlmediately from and after its passage and the publication of its caption, as the law and chart{r in such cases provide. DULY PASSED by the City Council of the City pf CoppeI1, Texas, this the ~_~day of ~, 2005. A~ED: ATTEST: LIBBY BALL~ IT~ SECRE~,~Y APPROV, ED AS TO FORM: ROBERT E. HAGER, CIT~ ATTOi~EY (REH/cdb Reviewed & Red'cd 4 72783 LEGAL DESCRIPTION STATE OF TEXAS COUNTY OF DALLAS I Whereas~ and Ninyard Properties~ Inc. are the owners o, a thact of land located _in the Edward A. Cnow Survey, Abstract No. 30], City of Coppell!, Dallas County, Texas and being part of the "FIRST TRACT,~ in a deed recorded in Volume 7~018, Page 1964 of the Deed Records of Dal]as County, Texas and being more particularly d~sc~ibed as follows: BEGiNNiNG at an iron rod ~n the south line of Sandy Lake Road (!60' R.O.~.) at the most northerly southeast corner of a 5.39 acre tract described in a !deed fnom Audrey W. Tweed, et. vir, to the County of Dallas, for widenin9 Denton Tap Road,! dated Ou]y 9, ]955 and filed December 6, 19B5 ~n the Deed Records of Dallas County, Texas; siaid iron rod being the most northerly northwest corner of said "FIRST TRACT"; THENCE S 89° 47' 18" E, 550.01 feet a]on9 the south line of Sanidy Lake Road, to an iron rod at the northwest corner of a 1.O0 acre tract of land conveyed b~y deed recorded ~n Volume 2109, Page 273 of the Deed Records of Dallas County~ Texas; THENCE S O0° 09 21" W, 208.70 feet along the west line of said 1.O0 acre tract to a 3/4 inch pipe; THENCE S O0° 37 45" W, 445.12 feet to an iron rod; THENCE N 89° 23 00" W, 570.44 feet to a 3/4 inch pipe in the elast line of Denton Tap Road for the most westerly northwest corner of a .tract of land conveJyed by deed recorded in Bolume 79060~ Page 2468 of the Deed Records of Dallas County, T!exas; THENCE N 02° 09' 05'i W, 595.33 feet along the east line of Dent~n Tap Road, to an iron rod; THENCE N 44° 03' ll" E, 69.25 feet to the POINT OF BEGINNING anid Containing 8.6691 acres or 377,626 square feet of land, more or less. EXHIBIT "A" F~XItI BIT "B"