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CC approval on 8/10/04AGENDA REQUEST FORM COPPELL DEPT1 Planning DATE: August 10, 2004 ITEM #: 10 ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD-199R-HC, Vista Point II, zoning change request from PD-199-HC (Planned Development-199, Highway Commercial) to PD-199R-HC (Planned Development-199 Revised, Highway Commercial) to attach a Detail Site Plan to Tract 1, to allow the construction of three office/assembly/warehouse buildings totaling 93,550-square feet on 9.1 acres of property located south of State Highway 121, west of MacArthur Blvd. APPROVED BY Motion to close Public Hearin9 and approve subject CITY COUNCIL to conditions I & 3 below DATE GOAL(S): M - Suhy S - Brancheau Vote - 5-1 EXECUTIVE SUMMARY: Tunnell voted against York absent Date of P&Z Meeting: July 15, 2004 Decision of P&Z Commission: Approval (6-1) with Commissioners Milosevich, Kittrell, Borchgardt, Halsey, Foreman and Reese voting in favor. Commissioner McCaffrey opposed. Approval is recommended, subject to the following conditions: 1) The driveway spacing shown adjacent to S.H. 121 needs to be reviewed and approved by TxDOT. and a deceleration lane is needed to serve the eastern driveway. (CONDITION MET) 3) Staffreview of the final color palette for all external building materials. · v~all (CONDITION MET) Staff recommends approval· Agenda Request Form - Revised 02/04 Document Name: @ 3PD-199R-HC I-AR CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-199R-HC, Visl a Point 11 P & Z HEARING DATE: C.C. HEARING DATE: July 15, 2004 (Planning and Zoning Commission held this request under advisement at the June 17, 2004, meeting). August 10, 2004 STAFF REP.: Marcie Diamond, Assistant Plannirlg Director LOCATION: South of S.H. 121, west of MacArllhur Boulevard SIZE OF AREA: 9.1 acres of property. CURRENT ZONING: PD-199-HC (Planned Development-199-Highway Commercial) REQUEST: PD-199R-HC (Planned Development- 199 Revised-Highway Commercial) to attach a Detail Site Plan to Tract I to allow the construction of three office/assembly/warehouse buildings. APPLICANT: Christopher Gardner Jackson Shaw Company 4890 Alpha Road, Suite 100 Dallas TX 75244 972-628-7421 FAX: 972-628-7444 David Littleton Halff Associates 8616 Northwest Plaza Dr. Dallas, TX 75225 214-346-6227 FAX: 214-361-5573 HISTORY: The subject property was original!y part of Lot 3, Block G, a 49.20-acre tract within the Vista Ridge Addition. The property lies within Denton County and was part of the City of Lewisville when the first plat was recorded in September of 1986. Since that time, the City of Coppell annexed this and other portions of the Vista Ridge Business Park. Page 1 of 7 Item # 4 In September 2001, City Council approved a Site Plan and Final Plat to allow for the construction of a one-story, 71,000-square- foot office building on seven acres of this 26-acre parcel of land. The Site Plan would have expired September 11, 2003; however, on September 9, 2003, City Cbuncil approved a six-month extension. This Site Plan expired ill March 2004. In September 1999, a request for a PD for a gas station, convenience store and car wash on 1.5 acres at this corner of S.H. 121 and MacArthur Boulevard was recommended for denial by staff. Due to this recommendation, the applicant requested a postponement until December of that year to allow for a redesign of the site plan and elevations to address staff design concerns. On December 16, 1999, the Planning and Zoning Commission recommended denial of this request, and it was not appealed to City Council. On April 13, 2004, City Council overruled staff's and Planning and Zoning Commission's recc~mmendation for denial and approved the Concept Planned Development to allow the construction of 210,000-square feet of office/warehouse/assembly buildings and five retail pad sites~ Council also approved SUP- 1211 for a gas station and car repair on Lot 4 of this PD. TRANSPORTATION: S.H. 121 is under construction to freeway standards with access roads within 450 feet of right-of-way. Forest Hill is a residential street built within 50 feet of right-of-way. SURROUNDING LAND USE & ZONING: North - S.H. 121; City of Lewisvill~ South - PD-132-SF-9; The Peninsulhs of Coppell, and PD-149-SF- 7, Vistas of Coppell East- vacant; PD-199-HC (Planned Development-199-Highway Commercial) West - Vistas of Coppell; PD-149-SF-7 (Single-Family) COMPREHENSIVE PLAN: Page 2 of 7 The Comprehensive Plan sh6ws the property as suitable for mixed-use development, including retail/commercial, office parks, schools, churches, and other compatible non- residential uses. Item # 4 DISCUSSION: As mentioned in the ttlSTORY section of this report, Council approved a Concept Plan for this property to al!ow the development of six office/warehouse/assembly uses in April Of this year. This request is to approve the Detail Plan for the first phase} of development, consisting of three buildings, totaling 93,550-square feOt. While this Detail Plan is in general conformance with the Concept Plgn and conditions approved by Council, there are several technical issues and refinements that need to be addressed. SITE PLAN The Site Plan indicates three buildings ranging in size from 27,760- to 35,790-square feet. Per the PD conditions, a maximum of 30% of the aggregate square footage of this entire tract (93,550 x .30) or 28,065- square feet may be devoted to warehoUse/distribution in this phase. Additionally, no individual building shall exceed 50% of the floor area being devoted to warehouse/distribution. A note to this effect has been added to the Site Plan; however, the occupancy ratios of the individual buildings have not been specified, given the speculative nature of this development. Another PD condition allows for the inclusion of dock-high doors to serve the warehouse/distribution nature of the funare tenants of this development. The condition specifically states the followiI~g: "The dock high service doors shal! not exceed a ratio of one (1) dock high door for every eight thotlsand (8,000) square feet of the total aggregate building square footage of each respective Tract." This permits 11 dock-high doors within this first phase. The elevations indicate a total of nine dock-high doors iplus seven at-grade, overhead doors) in this phase. The applicant has reqBested to retain the right to add the additional three dock high-doors, as permitted in the PD, in the event that these are required by future tenants. ~fowever, there appears to be a conflict with the proximity of the loading a~eas serving these dock doors to the fire lanes. Specifically, Building Two indicates two, plus two future dock-high doors, which are located apI:~roximately 15 feet from the designated fire lane. The parking and stagi~ag of vehicles are not permitted in the fire lane. Therefore, the fire lanes will need to be relocated or the loading doors eliminated. There are also some potential conflicts with the proximity of the fire lanes to the loading areas in the southern corners of Buildings One and Three. The fire lane has been relocated to allow for 40 to 50 feet of loading/maneuvering area between the dock doors and the fire lane. The fire lane radii is in accordance with the requirements. Item # 4 Page 3 of 7 Access to this first phase will be via two driveways on S.H. 121 and one on Forest Hill Drive. The driveway spacing shown adjacent to S.H. 121 needs to be reviewed and approved by TxDOT, and a deceleration lane is needed to serve the eastern driveway. As indicated on the Plat, all fire lanes nee,d to be designated as fire lanes and mutual access easements. (Now labeled as fire lane and mutual access easements.) Once this "mixed use" PD is fully developed, it will be appropriate to encourage traffic to circulate internally from the place of employment to the retail and restaurants, without having to access SH 121, MacArthur Blvd. or Forest Hill Drive. The driveway on Forest Hill Drive will have a "headache bar" over the driveway to prohibit 18-wheeler truck from accessing Forest Hill Drive. All track traffic in this phase of development will be limited to SH 121. There is a minor drafting issue on the site plan, where there is a note specifying a wood sign. Assuming that is the current marketing sign, this note needs to be removed from the Site Plan so that it will not be a part of the official PD site plan. (this note has been deleted) LANDSCAPE PLAN The Landscape Plan is also in general conformance with the approved Concept Plan, except that several additional trees have be included in this phase of development and additional specification of the flowering and evergreen ornamental trees have been included. Given the amount of retribution required due to the significant tree loss, the applicant has chosen to upsize the trees at the time of planting from 3- to 4-caliper inches. Various ornamental trees have also been included to soften the view of this development from the residential areas to me south. Instead of extending the screening wall adjacent to Phase Two of this development, the applicant was permitted by Council to plant 52 additional trees on the north side of Forest Hill Drive with that phase of development. However, to provide some additional buffering during this initial phase, the Landscape Plan indicates nine additional overstory trees in the parlqing islands along the northern property line (in Phase 2) that will be planted with this phase of development. Also, at the entrance onto FOrest Hill Drive, four additional trees (three pine and one Burr Oak) are included. A note has been added to the Landscape Plan, which commits to the planting of the remaining 48 additional trees with the second phase of this development. Two minor drafting revisions are needed. Eirst, for clarification, the extent of the screening wall needs to be more specifically provided on the Landscape Plan as illustrated on the Site Plan. (provided) Second, the note "Refer to sheet L1.02 for Levee Planting" needs to be deleted. (deleted) Item # 4 Page 4 of 7 ELEVATIONS The elevations proposed are utilizing the s~mc materials, color m~d general design as approved in the Concept plan, wtfich is a combination of painted tilt-wall, cultured stone veneer, brick and dome standing-seam metal roofs. The ratio of tilt-wall to masonry is within tl}e minimums required by the PD Ordinance. The percentage of masonry is p}oposed as follows: Elevation % r~-equired o [ · Vo p~ov~ded on Detail Plan by PD Building 1I Building 2 Building 3 Front 35-40% 36% 37% 36% Side 25-30~/; 31-32% l Rear 0% 0*% i 28-32% 25-26% 0*% 0*% *The rear elevations are 100% t!lt-wall with metal doors. The calculations are in error on the ¢{levation sheets (has not been corrected); however, they are still c~mpliant with the PD condition. The color board submitted indicated two cllpices in colors of cultured stone veneer and three paint colors. The apl~licant has requested that final determination be allowed in the field at the tlme of construction. Staff is requesting that the elevations be reilabeled to indicate north, south, east and west, instead of front, s'de and rear.i (Revtsed) The PD Conditions include Sign Criteria ~ ivory or black", as required in the City's & that this is a Detail Plan, it is salient that designated as a consistent color, which m Again, reflective of City Ordinance, logos c to 20% of the area of the sign. The eleva general signage area on the facades of the b~tildings. (Typical sign areas designated oft the elevations, with black be !ng specified as the color.) ,hich limit the signs, to "white, gn Ordinance. However, given tll signage within this phase be ty be white, or ivory or black. fany color will be permitted up ions also need to designate the SCREENING WALL The Site Plan iudicates that the eight-foot)all screening wall will extend from along the entire southern property mall adjacent to the Vistas of Coppell, Phase lB. This will be appr~>xi~nately 1,150-linear feet. The design, as proposed, indicates a "thinwall[ masonry, with a rowlock top course, with masonry pilasters at 30 feet[ on center. First, it must be specified what color this eight-foot wall is tJroposed. (not specified) Will it match the color of the brick or stone on t~e building? Given the length, height and visual impact on the homes directly abutting this fence, the Item # 4 Page 5 of 7 design of this fence needs to go beyond minimal compliance of the Ordinance; which states: Sec. 12-33-1.(8) (A) Location of required screening: "Masonry columns shall be expressed at a minimum of ten feet and a maximum of 30 feet on centers and should typically be taller than the remainder of the wall. Brick detailing at the top of the wall shall produce a change in plane or texture. Developers are encouraged to create offsets in the wall to provide visual variety". Also required in this section of the Ordinance is: "trees shall be planted in the landscaping strip between the curb and screening wall according to standards set in article 34 for non- residential and multi-family lots. Landscaping, in the form of trees and shrubs, shall be used to break up long continuous lengths of wall. In general, a minimum of 15 percent of the wall elevation should be screened with vegetation". As currently indicated on the Site Plan, this screening wall will be located on the property line, with all of the overst0ry and omamental trees on the office/assembly/warehouse side of the property. This is not compliant with this provision of the Ordinance. A related issue is the proximity of this wall to the existing residential alley. The alley serving the homes in the Vistas of Coppell consists of 10 feet of paving, within 15 feet of right-of-way, leaving 2.5 feet on each side of the paved area for maneuverability. Staff is concerned about the ability of the residents to back out of their driveways without hitting this wall. Therefore, it is recommend that the wall be relocated a minimum of 10 feet from the property line to allow for both the required tree plantings and maneuverabilit7 from the existing alley. Staff understands that negotiations need to occur with the holder of the 15-foot Electric and Gas Easement, which runs parallel with this property line. Since the last meeting, the applicant has: sent letters to all the property owners adjacent to the wall; researched th~ exact location of the existing tttiIity lines within the easement, and had discussions with TXU Electric Deliver),, the easentent holder. As of the writing of this report, no response has been received from the neighboring property owners. Through on-site research, it appears that the existing utility lines are located within the southern portion of this: easement. This will allow for the placement of the screening wall within the northern 5 feet of this easement, runnbtg parallel to the utility lines. Therefore, the revised Site Plan indicates the proposed wall undulat#~g from 10 to 17feet from the southern property line, both within and tO the north of the easement. StafJ~s only concern with the placement of the wall, is that it stops 35-feet short of the western property line and 20' short of its intersection with Forest Hill Drive. The applicant has explained that part of their Item # 4 Page 6 of 7 negotiations with the easement holder is allowing for the wall parallel to, but not to cross, the utility lines. Wax Myrtle trees and Lacebark Elms are indicated at the termination of the wall to add visual screening. The Landscape Plan has also been revised to indicate the placement of this wall. S£r~-two trees are on the alley side of the wall, approximately 60% of which are evergreens and the remain#~g 40% are overstory trees. Additional trees and berming are located on the north side of the wall. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of PD-199R-HC, subject to the following conditions: 3) The driveway spacing shown adjacent to S,H. 121 needs to be reviewed and approved by TxDOT. and a deceleration lane is needed to serve the eastern driveway. v;~ ~ ....... a ,. be dz ignated th Sitz Plan. Revise the maso~ calculations for the rear elevations to reflect 100% painted concrete tilt-wall on the areas net of the metal doors; Staff review of the final color palette for all external building materials. Provide color and mate~als of the masonm-scre~ning wall. 6) 7) 8) 9) 11) ALTERNATIVES 1) 2) 3) 4) Recommend approval of the request Recommend disapproval of the request Recommend modification of the request Take under advisement for reconsideration at a later glate. Page 7 of 7 Item # 4 ATTACHMENTS: I) 2) 3) 4) 5) Ordinance for PD-199-HC approved by Council Jul~ 6, 2004 Site Plan Existing Tree Plan and Legend (2 sheets) Landscape Plan ( 2 sheets) Building Elevations (6 sheets) Page 8 of 7 Item# 4 AN ORDIN..~NCE OF '/liE CITY OF COPPEEi,, TEXAS RDINANCE NO. AN ORDINANCE OF TIlE CIIY OF COPPEIiL, TEXAS, AMENDING IItE COMPREItENSIVE ZONING ORDINANCE AND MAP OF TIlE CITY OF COPPELL, TEXAS, AS tlERETOFORE AMENDE~D, BY GRANTING A CHANGE IN ZONING FROM "ltC" (ltlGHWAY COMIMERCIA1.) TO "PD-199- tIC" (PLANNED DEVEEOPMENT-199-HIGHWAY COMMERCiAl0 TO ALLO~: FOR 'IIIE DEVELOPMENT OF SIX OFFICE/ASSEMBLY/V~'AREItOUSE BUILDINGS TOTALING APPROXIMATELY 210,000-SQUARE FEET ON TRACTs I AND 2 AND FIVE RETAILrRESTAUIRANT PAD SITES FOR TRACIS 3, 5, 6 AND 7, LOCATED AT THE SOUTHWEST CORNER OF S.II. 121 AND MACARIHUR BOULEVARD, AND BEING MORE PARTICUEARLY DESCRIBED IN EXItlBIT "A", ATTACHED HERETO AND INCORPORATED ttEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE CONCEPT SITE PLAN, CONCEPT FRONT ELEVATIONS, CONCEPT ELEVATIONS FOR REAR OF OFFICE/ASSEMBLY/~VAREItOUSE BUILDINGS, CONCEPT ELEVATIONS [OR RETAIL BUILDINGS, ELEVATIONS OF "HEADACHE BARS," LANDSCAPE PLAN, 'FREE SURVEY, IREE EIST, PERMITTED USE LIST, AND SIGN CRITERIA, WtilCtt ARE ATTACIIED ttERETO AS EXItlBITS "B," "C," "D," "E," '~F," "G," "1t," "1," "J" ~N'D "K" RESPECTI~TLy; PROVIDING FOR DEVELOPMENT STANDARDS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABIEII'Y CLAUSE; PROVIDING A SAVINGS CEAUSE; PROVIDING A PENAETY OF FINE NOT TO EXCEED THE SUM OF T'~VO TItOUSANI) I)OLLARS ($2,000.00) FOR EACIt OFFENSE; AND PROVIDING AN EFFECI'IVE DATE. WHEREAS. tl~e CiW Planning and Zoning Conmaission ~d thc governing body of the City of (oppcll, Texas, in compliance with the ]a;,,s of thc State of Texas and pursuant to the Comprehen2ive Zoning Ordinance of t}~c City of Coppell, bare given requisite notices by publication and otherx¥ise, and al:tot holding duc bearings and aflbrding a fi. iii and fair }aearing to all propcrty oxy, nors generally, and to all persons interested and situated in thc affected area and in the vicinity thereof, tile said governing body is of the opiniotq that Zoning Application No. Pl)-199-HC should be approveit, and in the exercise of legislative discretion ha,.e concluded that the Comprebcnsix e Zoning Ordinance an~d Map should bc amended. NO~,V, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF . COPPEI.I~, TEXAS: SECTION 1. That t[ac C, onq*rchellsivc Zoning O~dinancc and Map of'the City of CoppelI, Texas, d[dy passed by thc gox ermng body of tlao City of' Coppe]l, Texas, as heretofore ;nncndcd, be and thc same is }~ereby amended to granl a change m zoning from "HC" (tlighwa[y Commercial) to "PID-199 HC" !Planned Development-1O9-Highway Commercial) to allow for the de',elopment of six (6'~ ol'fice'asscmbly v, arehousc buildings, totaling approximatcl> 210,000-square fect, on Tracts 1 and 2 and iSxc letail/restaurant pad sites on Tracls 3, 4.5, 6 and '7 for thc property' located on the southx~ est comer of Sit. 121 and MacAIlhur Boulevard, and being more particularl> described in Exhibit "A", attached hereto :md made a part hereof fbr all purposes SF~CTION 2. That the propcn> sball be developed in accordance with the Concept Site Plan, Concept Front Elevations, Concept Elevalions Gr Rear of Office/Assembly/Warehouse Buildings, Concept Elcvations for Retail buildings, Elevations of Headache Bars, L~mdscape Plan, Tree Survey, Tree L/st. Permitted Use List and Sign Criteria v, hich are attached hereto as Exhibits "B," 'C," "D," "E," "F," "O," "I t," "1," "J," and "K" respectively and the following development standards prior to detail site plan appro,.al tbr Tract 1 and 2 shall he executed as follows: A. A minimum of fifty-tv~o (52) trees, v,~tb species selected by the Parks Department, shall be planted along tile nor~hem property line of Forest Hills Dri,,e. These trees shall be placed within Tract 2 of this dcx elopment, as depicted on the Landscape Plan attached as Exhibit G. The proposed uses shall be developed in accordance with the Color Board as presented to tine City Council on April 13, 2004, and the materials and colors as depicted on the color bnard ,,'.'ill be further specified x~itb the submission of Detail Site Plans for each respective tract. C P~hor 1o the ~ssuance of' a Certificate of Occupancy for tile first building constructed on Tracts 2 tlnrough 7, a deceleration lane shall be consttl~cted between Tracts 4 and 5 off MacArtht~r Boulevard, subject to the approval of the City Eng neet. Tlnat the Planned Development shall meet ail pc~Smetcr landscape buffer requirements along street frontages and along the residential adjacency, except the ten-foot landscape setbacks bct;~'een interior property lines shall be clim natea for tracts l, 2, 3.4, 5, 6. ~md 7 The landscaping requirements shall be calculated on the overall acreage of thc Plalmed Den eh)pment as opposed to a tract by-tract basis,. Thc Planned Development Tree Retribution fbr the site shall be calculated and applied to;yards the acreage of the entire Planned Development district, being Tracts 1 through 7, and not on an indi,,idual tractd>y-tract basis Tree Ret~Sbution fo~ ail protected trees that arc removed shall be mitigated by new tree plantings of either increased caliper inches or llrdix, idual n ecs ii1 lieu of the 50% tree planting and 50% monetmT pa~col. In t}~e ex ant that a Wee mitigation paymem ~s required, it shall be made at the time of a Tree Removal Permit. and the rcx~sed tree quamities and caliper silzes shall be reflected on a revised landscape plan. The screen ,.',ali required along thc southenl property I/ne v. ith the residential adjacency shall be eight feet (8') m height and ex~end along tile entire length el'the residential area, as shown on the Concept Site Plan and shall 10c in accordance with Section 12-33-I 6(A) oI the Zo~zmcd Ordma~ce. This entire ~xall shall be constructed prior to tile ~ssuanc~ of' a Ccn:ificat¢ of Occupancy (CO) for line 1 ~ building on Ti acts 1 or 2. The awnings may be constructed of canxas, melal or other material approved by the City so long as materials are primed, painted an4or othcp, vise conditioned to minimize fmure lllainteBance and prevent resting. TRACTS 1 AND 2 A Dcxelopcrs shall install headache bars at both of tile dri;'ewa,,s onto Forest Hill Drive, as depicted on Exhibit B and Exhibit F. ' Tile eighty percent (80%) masonU, (brick or stone of earth tone colors) exterior requirements shall be reduced £or Tracts 1 and 2 only, a~ld the fbllowmg percenlages shall apply: ~ (2) (3) Minimum of 35% to 40% MasonU, on Front elcvations Minimmn of 25% to 30°/b Masonry on Side elevations 0% MasomT shall be requn'cd on Rear cle'.ations. In addition to tile usc regulations set forth in Article 22, Section 12-22-1 oF tine current Highway Commercial Zoning District, atlachcd as Exhibit J, the follovdng uses may' be permitted as provided belov,: Tracts 1 and 2 (only): (a) The "storage and warehousing a~eas" of the Warehouse/Distribution use shall not exceed thin> perccnt (30%) of tile total aggregate square ibotage of building area for each respective Tract. In addition, no more than fifty (50°4) of aoy one (1) building shall be used for "storage and v,'ai ehouslng. (h) I.imiled Assembly and Manufacturing use, and %a~ehousc D str button use shall be permitted uses as defined herein. 3 (2) ¸il Warchousc,I)tstnbut~on us{' shall be defined as. "A use devoted to slorage. ;va~eho}ising and distribution ~f goods, merchan&se, supp!ics and equipment. Accessory uses not considered to be part of th{ t~torage and warehouse area may include, but :ire not limite, area, office, sales offices, display areas for products storage and wardnousing defined accessory uses sba foot basis in accordance with Secfion I2-I3-0 to, retail and wholesale sales esearch and developmcm, and sold and distributed fi-om tile reas." Parking for all herein- be pro,.ided on a gross square- of the (ii) Limited Assembl? and ~ctuldng use shall be defined as "Tine asscmbly, repair, c[tisassembly and manuFactunng of finished products r p~tns from previously prepared materials and parls FabriCation ma5, be used m limited form to shape or defiue tlJe final product, but shall not comprise the primaD, activity of such operations. Basic industrial processing which {ransfomqs raw materials into a new substance, compound, or product is not permitted Excludcd uses include, but ale not limited to, mcat packing, chemical and petroleum prodessing and manufacturing, and foundrics." Service doors for tl~e respective bmldmg}s may, be either dldvedn (grade level), double personal doors, or dock }high The dock high service doors shall not exceed a ratio of one ([1) dock high set'vice door for ex cU, eight thousand (8,000) square feet] of tlnc total aggregate building square footage of each respective Tra~ct. in addition, no one (1) building shall ha',, e mol e that ten (10) dock high service d~ors Tract 4 (only): ]'he follov~ing uses shall be pernti tied by Special Use Pemnit: Autoinobile Repair Garage, incI ]ding tu'e sales (no overmght outside storage of'~chicles), ii. Gasoline Scrv'ice gtat~on, and ©rocery and Con~ enicncc Store. ~ (3) Tract ~, 5, 6, and 7(onl>): Restaurant Use, which shall not exceed [an aggregate total of 19,600 square feet. provided a Special Llse Permit is granted on each tract. The sign rc'gulations shall be governed bf' Exhibiti K, except as proxidcd below: 1. The side yard signage setback shall be red~.tc{d by five feet (5') from seventy- flue f'cct (75') to seventy fcc! (70') such that Tract 3 shall be entitled to a monument sign along S.It I21;and ii. Tract 4 shall be a!lowed two (2) monLlmenl signs each of which ,alii display thc name of both the gas statio~t'convenience store and the automotive se~xicc center. Thc square footage of each above rel~renced si~ shall not exceed sixty ~60) square feet iii Ibc 40-sqt~a~c fool altachcd sign located on thc comer of fl~e auto repair building on ] tact 4 shall be allocared equall5, on both sides. SECTION 3. 'tha~ ~he Concept Site Plan, Concept Front Elevations, Concept Elevations For Rear ~i' OfficcAsscmbly'Warchousc Buildings, Concept Elevations for Retail Buildings, Elevations of "ifcadache Ba~s," I andscape Plan. Tree Sm-rev Tree last, Permitted Usc List. and Si~ Criteria, x~Nch are attached hereto as Exhibits "B .... C ....D," E, ' ....... H," J, and "K," respectively, are , ~, ' .... 1' G, "I,' ..... hereby approved. SECIION 4. That the aboxe property shall be used only in the maimer and for the puq>ose proxided tbr b> ~e Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended hereto SECTION ~ That all ' ' ' = . - prox m~ons of the Ordinances of the C~tv of Coppell, Texas, m conflict with ~}~e prox~sions of dais ordinance be, and the same are bcrehy, repealed, m~d all other provisions not in conI~ict with the provisions oCthis ordinm~cc shall remain in fi~ll force ami effect. SECEION 6. ~hat sbould 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 xalidit> of this ordinance as a whole, or m~>.' pan or provision d~ereofolher than thc pa~ so decided to be u~const~ttmonal, illegal or mxalid, and shall not aflk'ct the xalidity of the Comprehensive Zoning Oldinancc as a whole. SECTION 7 An of Tcnse committed before the effective date of ibis ordinance ~s governed by prior }a~ and the provisions of the Comprehensive Zoning Ordinance as amended, in effect ~hcn the oi)~nsc ~ as committed and thc fom~er laxs is conlinued in effccl for this purpose. 5 630:!6 SECTION 8. That all}' person, I]I~TI or co~poration violating any of the provisions or terms o 'this o~dinancc shall he subject to ~hc salne pcnal/~ as prox ided for in the Comprehensive Zoning Ordinance of the Cit~ of'Coppell, as lncrctoforc amended, and upon conxict~on shall: be punished hy a fine not to exceed ~hc sum of Two Thousand Dollars ($2 00(.00) tbr each offense; and each and ex'cry day such violation shall continue shall be deemed to constitute a separatc offense. SECTION 9. '1 hat this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charte~ m such cases provide. DULY PASSED by the City Council of the City of Coppell. Texas, this lhe day of _ _ ,2004. APPROVED: DOUGLAS N. STO\,'Ei~, MAYOR ATTEST: APPROV'ED AS TO FORM: i.IBBY BALL, CITY SECRETARY P. OBER7 E ltAGER, CII'T A FI'ORNEY 6 63036 PI)-199-tIC LEGAI~DESCRIPTION B}{IN© a IK~ct of kind situated m ibc ( G \h, oolse,, Sur,.ev, Abstract No i402, the ll~oma~ B Ganm Surxes, AbstractNo 50o. the JH Donald gu}ye; Ab~{racl No 1696 and the WM qrlmble ~urxe~. Abqnact No 1208 m Denton Counb, q-exam, ~d being a part o1` Lot 3R. Block G, V~sta R~d[le ,kddmnrp ;m addition to the Chb of Coppell. Texa_s. ms recorded m Cabinet U. Page 276 of the Pla~ Records of Denton Counts, Texms (P R De C T)~ ~d being pan of a 25 93 acre tract of/~md descqbed m deed lo Ccmex~L~d }loldmgs, I_ P, as recorded m Volume 5062, Page 761, Deed Rec~,rds of Denton Count5. Texas (D R De (' T )~ and being note (OMMENCING at a 1/2-inch Fnund ~ron rod ','.lib a,.ellov,, pl,%fic cap stamped "HALFF ASSO(? IN(" (hereinafter referred to ms "v, nh cap") at the nonhv, eslerlv corner of a comer chp at ;nt:.'[sectmn of the southeaster]? right-of-x,mv hne of State lqlgh,,~,~ 12t (a ,.enable ;;idth n~ht o1`- xxa,. } as dedicated b; deed recorded m file .~; 94-R0000002. of the County Clerk P, ecords ISenton Count} Iexas (C C P, De C T) vqth the south',,~eslerh right-of-way line ofMacArflmr Boulexard 17) lbot ;', ~de ~ghr-oF-',,.a} ) same being the norther}: ~.'omer o1, {he a1`orementtoned 25 93 acre tract of land :uqd being the beginning of a circular CLU'~eio file left, ha;lng a radms of 3.80472 feet v. bu:,e chord bears South 06 degrees 56 minutes 58 seconds West, a d~st~ce ot-455 85 feet, T}tENCE m a Southv. esterlv &rect~on. along said southeasterly nght-oF-,,,,ay hne, and along sacd circular cur,.e to the left. through a central ~mgle o1`06 degrees 52 minutes (98 seconds, an arc dist,'mce ofS5613 feet tea 1/2-tach found~ron rod x',~fl~cap for 'die POINT OF BEGINNING oftheberem Je cnbed tract of PHI NeE South 26 degrees 2!) m~nutes 06 seconds Easl. departing said southeaslerl} right of' ;,~a,~ hne. a ,J~s once of 33 17 Feet to a l'2-mch found ~ron md v, qh cap for comer, II{EN('L: South 36 degrees 50 mmu:es 26 seconds E~L~;i, a distance of 36 90 feet to a I/2 inch foLa~d tron mJ ;',~th cap 1'or coFqer. 1HEN('E South 23 degrees 06 minutes 57 seconds Ea:st a d~stance of 18'9 00 1,eel to a b'2qnch found 'I HENCE North 66 degrees 53 minutes 03 seconds East, a disIance 0i'216 34 feet to a 1,'2qnch found iron rod ;,,lib c p for comer, 'I k ENC/ Soulh 23 degrees n.G mm ] es 57 seconds East. a distzmce el 82 64 Feet lo a 1,2-~nch lbund I}tENCt South 07 degrees 25 minutes r)0 seconds Emi, 0. dist;mce o,f 35] 45 Feet to a 1,2-inch rOLand ~ron rcd v. qh cap f ,r co net, I}IINCE South 02 degrees 47 minutes 00 seconds E mi. a d~st,'z]ce of 133 96 feet to a i/2-inch fotmd ~ron red ;,.Hh cap for corner, sa~d point being on the nonheH~ nuht-of-~ax lineofForestttill Dnxe ~5~ Feet v, lde right-e1` ~axi ~ ded~calcd b~ deed recorded m Vohune 972'15. Page 4849 of the Deed Recotdsofl)~la~Counh Io,,~(D Ri) C1 ), TIIENCE South 87 degrees Ill m nutes 00 seconds \Vest, along s~d nonhe~I> nghi-of-v, a5 line, a d~s:ance of 25 44 1`eel to a 5 8-tach Found non md xNlth &B cap fl0r tile point of cur'~ature of a FLxJq [ BI T A page I cumelo file left ha~m~ a radias of 837 60 feet ~md whose cbord bears South 68 d ·~:~.s20 (/(~ seconds \~, esl a distance of 542 12 feel IHIzN(-E in a South~esterl~ direction, contlnumg along said norlherly rigbI-of-wa? Ime and alon~ ~a~d c~rcu!ar cur~e to the loll. lhrough a cenlral m~gle of 37 degrees 45 n'~nutes 48 seconds, an a~ &s!:mce of 552 0d feel to a 5'8 ~nch found ~ron rod ~rlh C&B cap for comer, s;~d point beinfi on the ,~uuth hne of sa~d 25 93 acre tract ol land and the no~xh line of \'isla of (oppcll Phase lB Addmc~n, an ad&mm to t}~e City of Coppell. Texas as recorded m ¥olume 98043, Page 66, D R D C'[', DIENCE No,th 89 degrees 05 mmutes 2(~ seconds West, along the common ]me of sa~d 2~, 93 acre uacI and said Vtsta of Coppell Pb~e lB Addmon, a d~st~nce of 1,142 02 feet to a l/2qnch f,~und uon rod For corner ~n said southe~Lslerly nght-of-~as line of State llmhx~as 121, stone being ~be sout}a~sest corner of smd 25 93 acre tract of I~]d, als~ bemg on the con~non~cttv hm~t hne bemcen the (Ji¢, of Le~s~flle, Denton Cotmt), Tex~ and the C~) of Coppell. Denton C~unty, Texas; FItENC£ North 61 degrees 55 mmules50 seconds Easl, along sai, dsou~heasterl5 right_of_x~a5 hne, departmg smd common cm limit line, a distance of 73 !)3 feet Io a 1,2-tach set ~ron rod v. ith cap fo~ ['IIFN(E Noqh 52 degrees 35 mmutes ~()~ econds Ernst, cont~nmng along said southeasterly' right-of- ten5 hne, a d~slaxace of 163 74 feet to a 1,2qnch set ~ron rod ;',,ith cap for corner; [HEN(E North 07 degrees 35 nunutes 20 seconds East, conhnumg along said southeastorl~ righr-of- ~;a} hne. a d~stance of 16 97 feel lo a 1 2-tach set ~ron rod ;'.ifl~ cap for comer on smd con~aon cq'~ lmm hne FHENCE Noah 52 degrees 35 mmules 20 seconds East, contmutng :~long sa~d southeasterly rigbt-ol~ ~x ~ ne a d~stance of27131feet to a l/2-md~ set iron rod x~fl~ cap for comer. Noah 61 degrees 55 mmules 50 seconds Easl. along said southeasterl,, rl~ht-of-x~a,, hne. said common c~tx hmit hne~ a d~st~ce of 73 93 feet to a ] "2-inch set ~ron rod x~tth cap tot '1 It[!NCE North 52 degrees 35 nmmtes 20 seconds East, contlnumg along said southeaste~l? right-of- was hne. a d~stance c0t' 191 86 feet to a I 2-inch sol ~ron ~od '~tb cap for comer: TItENCENor!h r7 degrees 35 renu/cs 20 seconds East, contmumgalongs,-udsouiheas~.er]y nght-of- wax hne, a d~sl,mce of 16 97 feet to a 1 2-tach set m~n rod x~lh cap lot comer on said cor~mon c;Ix IHFNCI~Nor~h s? dc=rets qq mmutes seconds East, conlinum~ along said southeasterN, nght-of- x~a5 hne, a dislm~ce of3(~(,2 l~et to a 5'8 inch Found ~ron rod ~[h~' ('&B'~ cap for the bemnxme ol'a cucmlar curx c to the r~ght, haxmg a radius o'3,804 72 feet and whose chord bears North 58 degrees u3 mmules ( ? seconds East, a dist;mce of 724 45 feet: IHENCE m a No~heasterl~ direct on, along sa~d soutbeaslerl,~ ~ghl-ol;x~av hne, ~d said nonM~ester]5 hne of the 25¥3 acre tract of}~d, and smd common c~[) n~hl throu~hacentra] angleofl0degrecs 55 n~nutes q4 seconds, an arc d~st~ace of 725 55 fcetto THE POIN' F OF Bt!GINNING ~d CONTAINING 820,430 square feet or 18 83 acres of land more EXIIIBI T A page 2 EXFI I B 1 T "B" EXttl BIT C EX/t [ BI T D 11 z [2' F~HI BIT E EXHIBIT F ~BIT G EXHIBIT iji Il! ,! ,J~l ~ ' i,i ItJ Iii mi ]iii Jill Il] Jld, JJ Ii J l M! Jill, t,u ~,~ !il 'II11Illl i!Jl !Il! .--, ,!,!l, ,, j,,!, ~i,~i;,] lli~ll ,,i'"' "~ " EXHIBIT I EXItlIIIT "HC" HIGID,¥AY COMMER(1AL DISTRICT REGUI~ATIONS Use regulations A building or premiss shall be used only ti>r thc fbllovqng purpose;s: Any uscpcmmttcdmthe"O"oificechstnct (Secscct~on 12 22 2 forcxccpt~ons) 2 ~ny use pcu~qitltd in thc "R" rcta~] d~s~c~ I emporaO amusement act~v:t5 (approxed by c~t5 council ~csolutton) 4 Exh~Mt~on hall. 5 Eqmpment sales 6 I Iotel or motel Nc~ spaper pnntmg Radio, television or m~cro~axc rcce~mg dish (subject to screening regulations: sec secnon 2-33-I) 9 Umvers~D', college, or parochial school and related ?~cihtics 10 Any use pemn~ttcd by ~pcc~al usc permit, as Iisted m sections I2-30-7, 12-30-8 or 1 2-30- 9 (Sec secnon 12-22-2 for excepnons). Non pernntted uses. For clanty, the lbllo;,,ing uses. though not limited to thc follo'e, ing, are specifically not pcrmiued uses v, ithin the "HC" district even v, ith a special us¢ pen'nit. Airport 2 Crop production. Kennels 4 ,Any use rcqulnng outside storage. 5 Pax~n shops 6. Seed store Used automobile sales or display, repair garages, tire al2d sea~ cover shops, or' auto laundries unless incidental to a se~wice station, except as provided herein Self-storage or mini-v, archouses. EXHIBIT "K" VISTA POINT 11 / MACARTHUR RIDGE PRELIMINARY SI~ The purpose of this sign criteria is to create a graphic environn distinctive in identity' for the Tenant and also compatible with other concept should give an impression of quality and professionalisrr image. Lettering shall be well proportioned, and its design, spacing ~ criterion for approval. CRITERIA ent which is individual and signs in the center. The total and instill a good business tnd legibility shall be a major The following specifications are to be used for the design of tenants' signage; however, in all cases final written approval must be obtained from the Lessor plior to the manufacturing or installation of any signage. Lessor shall make all final and controlli~g determinations concerning any questions of interpretation of this sign policy. REQUIRED SIGNS 1. Tenant shall identify its premises by erecting one (1) facia directly to the building fascia as described hereinafter. Subject' of Sign: below, for buildings and leaseholds with one (1) froe defined as the building surface directly facing a dedicated street, not exist, it shall be defined as the width of the lease space wl~ attached signs located at a height of 36 feet or less are pern effective area equal to one-square foot per lineal foot of leaseht 300 square feet, whichever is less. TYPE OF FASCIA SIGN sign which shall be attached o the restrictions under "Size t faqade, (front faq:ade being or where street frontage does ich contains the main entry), titted a maximum aggregate Id frontage, as applicable, or Non-illuminated or reverse lighted individually pin mounted[channel letters. SIZE OF SIGN 1. Depth - 5 ½'; height - not-to-exceed 36". Multiple Rows height including spaces between rows. Minimum Letter Size - 1 2. In any case the overall length or spread of the sign cannot e measuremeat of the main entry storefront of leased space or 40'- ~- not-to-exceed 36" in total 0". qceed 70% of the total linear )", whichever is Jess. 3. In the case of an irregularly shaped sign or logo sign with l(tters and/or symbols directly affixed to the wall of a building, the area of the sign shall be ti te entire area within a single continuous rectilinear perimeter of not more than the proportiom I maximum height and width limitations noted above. TYPE OF SIGN 1. Lessor will have final review over letter font, style and heig~. 2. Logos in addition to signage must be approved. They must ~be proportionate to height of fascia and sign. 3. Box type signs will not be allowed. COLOR Colors are subject to approval by Landlord or its representati e. 3. at Landlords and City of Coppell discretion. CONSTRUCTION OF LETTERS I. Returns and Fronts - .063 aluminum gauge (minimum) 2. Back of letters shall have a minimum of 1/8" clear Plexiglass, 3. No exposed trim caps are permitted 4. Letters are to be pin mounted 1' off building fascia. 5. U.L. label is required. Matte is finish required. Colors are limited to white, ivory, or black. Limited logo cc~lor variation maybe allowed face. ILLUMINATION AND WIRING 1. Il' illuminated individual letters are to be backlit with neonltubing, such tubing must be concealed in the letter and project the light source back on the building fascia. 2. Secondary Wiring All trans£ormers and secondary wiring~ are to be concealed behind parapets or within soffits. 3. Electrical power shall be brought to required location at L conduit shall be below roof deck and not visible. PLACEMENT AND INSTALLATION General Notes I. Tenant signage shall be as close to a center-of-frontage 1o, ation as possible, subject to allowance for comer positioning. 2. Attachment of signage is to be U.L. approved. No exposed v iring is permitted. 3. All fasteners used are to be non-corrosive stainless steel. 4. Tenant will be responsible lbr all damage to the building in< and removal. Tenant is responsible for painting needed to corr¢ paint holes in the fascia caused by signage attachment and wirir SUBMITTAL FOR APPROVAL 1. Prior to awarding a contract for fabrication and installation, scaled drawings for final review to Lessor. No construction approved acceptable drawings and specifications. :ssee's expense. Routing of urred during sign installation at fading and must patch and upon Lease termination. Tenant shall submit three (3) may occur until Lessor has ninimum V4": 1'-0" scale. pc, color, and thickness of I return, type of illumination 11 first visit the site to verify ~tions; information needed to 2. Elevation of building fascia and sign shall be drawn using a 3. Drawing shall indicate the following specifications: T3 Plexiglass, type of materials, color and finish used on front an and mounting and wiring methods. Tenant s sign contractor sh existing conditions prior to preparation of drawings and specific prepare submittals shall also be obtained during the visit. 4. Drawings must include fascia cross section showing electrical connections. PERMITS All city permits and approvals from the City of Coppell are required prior to sign fabrication. TRAILER SIGNS OR TEMPORARY SIGNS WILL 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 heroin provided 8. Signs installed or placed along perimeter of shopping center