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CC approval of ORD 9/14/04AGENDA REQUEST FORM COPPELL DEPI~ Planning DATE: September 14, 2004 ITEM #: 20 ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-199R-HC, Vista Point II, zoning change 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 8.7 acres of property located south of State Highway 121, west of MacArthur Blvd., and authorizing the Mayor to sign. GOAL(S): ...... EXECUTIVE SUMMARY: Date of P&Z Meeting: Decision of P&Z Commission: N/A N/A APPROVED BY CITY COUNCIL ABOVE DATE Motion to Approve Ord. # 91500-A-389 M - York - Raines rote - 5-1 Tunnell voted aga!nst_ Suhy absent ? ~ ~, On July 15, 2004, the Planning Commission recommended approval of this zoning change (6-1), with ComnUssioner McCaffrey voting in opposition. On August 10, 2004, Council approved this zoning change (5-1), with Councilmember Tunnell voting in opposition. Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: ~ 8PD-199R ORD I-AR AN ORDINANCE OF THE CITY OF COPPtLL, TEXAS ORDINANCENO.~.~ AN ORDINANCE OF THE CITY OF AMENDING THE COMPREHENSIVE ZONING Oli OF THE CITY OF COPPELL, TEXAS, AS HERETO GRANTING A CHANGE IN ZONING FROM "PI] DEVELOPMENT-199-HIGHWAY COMMERCIAL} (PLANNED DEVELOPMENT-199 REVISED-HIGH~ TO ATTACH A DETAIL SITE PLAN FOR PHAS[ THE CONSTRUCTION OF THREE OFFICE/ASSE BUILDINGS TOTALING APPROXIMATELY 93,55 8.7 ACRES OF PROPERTY LOCATED ALONG T S.H. 121, WEST OF MACARTHUR BLVI PARTICULARLY DESCRIBED IN EXHIBIT "A', ~ AND INCORPORATED HEREIN FOR ALL PUR FOR SPECIAL CONDITIONS; PROVIDING FOR THE DETAIL SITE PLAN, EXISTING TREE PLAN AND ELEVATIONS, ATTACHED HERETO AS EX] E", RESPECTIVELY; PROVIDING A RE[ PROVIDING A SEVERABILITY CLAUSE; PROI CLAUSE; PROVIDING A PENALTY OF FINE NO SUM OF TWO THOUSAND DOLLARS ($2,000.00) F AND PROVIDING AN EFFECTIVE DATE. COPPELL, TEXAS, DINANCE AND MAP :ORE AMENDED, BY -199-HC' (PLANNED TO "PD-199R-HC" /AY COMMERCIAL) 1, TO ALLOW FOR MBLY/WAREHOUSE )-SQUARE FEET ON tE SOUTH SIDE OF ~., BEING MORE ,TTACHED HERETO POSES; PROVIDING FHE APPROVAL OF LANDSCAPE PLAN, tlBITS "B, C, D AND EALING CLAUSE; 'IDING A SAVINGS Y TO EXCEED THE DR EACH OFFENSE; WHEREAS, the City Planning and Zoning Commission an~ 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, hl publication and otherwise, and after holding due hearings and affor property owners generally, and to all persons interested and situate vicinity thereof, the said governing body is of the opinion that Zo HC should be approved, and in the exercise of legislative disc Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE 1T ORDAINED BY THE CY ?Y COUNCIL OF TIlE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance md Map of the City o£Coppell, ve given requisite notices by ting a full and fair hearing to all d in the affected area and in the ling Application No. PD-199R- :etion have concluded that the Tcxas, duly passed by the governing body of the City of Coppell, Tlexas, as heretofore amended, be and the same is hereby amended to grant a change in zoning[ from "PD-199-HC" (Planned Development-199-Highway Commercial) to "PD-199R-HC" (Plan Highway Commercial) to allow the construction of three office 1 aed Development-199 Revised- /assembly/warehouse buildings 67405 totaling approximately 93,550-square feet on 8.7 acres of property located along the south side of S.H. 121, west of MacArthur Blvd., and being more particularly described in Exhibit "A", attached hcrcto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the spccial conditions, which are as follows: A. Accept as amended herein, the property shall be developed in accordance with Ordinance 91500-A-381, which is incorporated herefin as set forth in full and hereby republished. B. The driveway spacing shown adjacent to S.H. 121 is subject to approval by Texas Department of Transportation. C. A deceleration lane shall be provided to serve the eaIstern driveway. D. Staff shall review the final color palette for all external building materials. SECTION 3. That Site Plan, Existing Tree Plan, Landscape Plan and Elevations, attached hereto as Exhibits "B, C, D and E", respectively, and made a part helreof 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 ~emain in full rome and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illega~ or invalid, the same shaI1 not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so 2 67405 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 O~dinance, 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, finn 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 ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council ofth..~e City of Coppell¢ Texas, this the ].4[ _'~ day of DCIUG~A {/~,I~$TC~ ERYMAYOR ATTEST: 3 67405 LOT 1 LEGAL DESCRIPTION BEING a tract of land situated in the C.G. 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 Survey, Abstract No. 1268 in Denton County, Texas, and ~being a part of Lot 3R, Block G, Vista Ridge Addition, an addition to the City 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 a part of that 18.83 acre tract of land described in deed to Jackson-Shaw/Vista Point II Limited Partnership, as recorded in Document No. 2004-65636, Deed Records of Denton County, Texas (D.R.De.C.T.), and being more particularly described as follows: COMMENCING at a 1/2-inch found iron rod with a yellow plastic cap stamped "HALFF ASSOC. 1NC." (hereinafter referred to as "with cap") at the northwesterly comer of a comer clip at the intersection of the southeasterly right-of-way line of State H~ghway 121 (a variable width right-of-way) as dedicated by deed recorded in file # 94-R0000002, of the County Clerk Records Denton County, Texas (C.C.R.De.C.T) with the southwesterly right-of-way line of MacArthur Boulevard (a 120 foot wide right-of-way), and being the beginning ora circular curve to the left, having a radius of 3,804.72 feet and whose chord bears South 60 degrees 55 minutes 01 second West, a distance of 1,102.16 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 16 degrees 39 minutes 22 seconds, an arc distance of 1,106.06 fect to the POINT OF BEGINNING of the herein described tract of land; THENCE South 37 degrees 24 minutes 40 seconds East, departing said southeasterly right of way line, a distance of 69.57 feet to a point for comer; THENCE North 52 degrees 35 minutes 20 seconds East, a distance of 90.05 feet to a point for corner; THENCE South 37 degrees 24 minutes 40 seconds East, a distance of 638.51 feet to a point for comer on the northerly right-of-way line of Forest Hill Drive (50 ~foot wide right-of-way) as dedicated by deed recorded in Volume 97215, Page 4849 of the D~ed Records of Dallas County, Texas (D.R.D.C.T.), said point being on a circular curve to the left, having a radius of 837.60 feet and whose chord bears South 52 degrees 58 minutes 57 seconds West, a distance of 103.12 feet; THENCE in a Southwesterly direction, along said northerly right-of-way line and along said circular curve to thc left, through a central angle of 7 degrees 03 minutes 31 seconds, an arc distance of 103.19 feet to a 5/8-inch found iron rod with C&B cap for comer, said point being on the south line of said 18.83 acre tract of land and the north line of¥ista of Coppell Phase lB Addition, an addition to the City of Coppell, Texas as recorded in ¥olume 98043, Page 66, D.R.D.C.T.; EXHIBIT A-1 THENCE North 89 degrees 05 minutes 26 seconds West, along the common line of said 18.83 acre tract and said Vista of Coppell Phase 1B Addition, a distance of 1,142.02 feet to a 1/2-inch found iron rod for comer in said southeasterly right-of-way line of State Highway 121, same being the southwest comer of said 18.83 acre tract of land, also being on the common city limit line between the City of Lewisville, Denton County, Texas and the City of Coppell, Denton County, Texas; 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 73.93 feet to a 1/2-inch set iron rod with cap for comer; THENCE North 52 degrees 35 minutes 20 seconds East, continuilag 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, continuigg along said southeasterly right-of-way line, a distance of 16.97 feet to a 1/2-inch set iron rod with cap for comer on said common city limit line; THENCE North 52 degrees 35 minutes 20 seconds East, continuimg along said southeasterly right-of-way line, a distance 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 73.93 feet to a 1/2-inch set iron rod with cap for comer; THENCE North 52 degrees 35 minutes 20 seconds East, continuing along said southeasterly right-of-way line, a distance of 191.86 feet to a 1/2-inch set iron rod with cap for comer; THENCE North 07 degrees 35 minutes 20 seconds East, continuing along said southeasterly right-of-way linc, a distance of 16.97 feet to a 1/2-inch set iron rodt with cap for comer on said common 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 3,804;72 feet and whose chord bears North 53 degrees 09 minutes 30 seconds East, a distance of 75.62 feet; THENCE in a Northeasterly direction along said southeasterly right-of-way line, and said common city limit line, and along said curve to the right, through la central angle of 1 degree 08 minutes 20 seconds, an arc distance of 75.62 feet to THE POINT OF BEGINNING and CONTAINING 378,541 square feet or 8.69 acres of land more or less. EXHIBIT A-2 EXHIBIT B J i ~ I~ll ~ I I ' i ~lli I !i ill! ~''~ hll, J JJlll~JJllJlI!ll! Iitll ~ 11111 EXHIBIT C-1 }c2(HIBIT C-2 EXHIBIT D-1 T J l r I ' ii EXHIBIT D-2 EXHIBIT E-1 EXHIBIT El2 C) @ EXBIBIT E-3 z EXHIBIT E-~ EXHIBIT E-5 I~HIBII E-6