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CC approval of ORD 11/8/05AGENDA REQUEST FORM COPPELL DEPTi Planning DATE: Noyember 8, 2005 ITEM #: 9/D ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-186R7-LI, Duke-Freeport, zoning change from PD-186R2-LI (Planned Development-186 Revision 2-Light Industrial) to ?D-186RT-LI (Planned Development-186 Revision 7- Light Industrial), to amend the Planned Development to attach a Detail Site Plan to allow the construction of a 142,247-square-foot building on Lot 2R1, Block A, and a 93,345-square-foot building on Lot 2R2, Block A, totaling 16.51 acres of property located at the northwest corner of Freeport Parkway and Bethel Road, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve Ord. # 91500-A-423 M - Tunnell S - York Vote - 6-0 Suhy absent Date of P&Z Meetinn: N/A Decision of P&Z Commission: N/A On August 18, 2005, the Planning Commission unanimously approved this zoning change (6-0). On September 13, 2005, Council unanimously approved this zoning change (6-0). Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: ~PD-186R7-LI ORD I-AR (Con) AN ORDINANCE OF THE CITY OF CoPPELL, TEXAS ORDINANCE NO./~.,~_0~'t~ ... 4,~'-~ 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 PDq86R2-LI (PLANNED DEVELOPMENT-186 REVISION 2-LIGHT INDUSTRIAL) TO PD-186RT- LI (PLANNED DEVELOPMENT-186 REVISION 7-LIGHT INDUSTRIAL), TO AMEND THE PLANNED DEVELOPMENT TO ATTACH A DETAIL SITE PLAN TO ALLOW THE CONSTRUCTION OF A 142,247-SQUARE-FOOT BUILDING ON LOT 2R1, BLOCK A, AND A 93,345-SQUARE-FOOT BUILDING ON LOT 2R2, BLOCK A, TOTALING 16.51 ACRES OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF FREEPORT PARKWAY AND BETHEL ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A' ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF A SITE PLAN, EXISTING TREE PLAN, LANDSCAPE PLAN AND EEEVATIONS, ATTACHED HERETO AS EXHIBITS "B", "C", "D", AND "E", 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 hearings and affording a tull and fair hearing to ail 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-186R7- 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: 77967 SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Tcxas, duly passed by the governing body of the City of CoppeI1, Texas, as heretofore an~ended, be and the same is hereby amended to grant a change in zonin~g from PD-186R2-LI (Planned Development-186 Revision 2-Light Industrial) to PD-186R7.LI (Planned Development-186 Revision 7-Light Industrial), to amend the Plmmed Development to attach a Detail Site Plan to allow the construction of a 142,247-square-foot building on Lot 2R1, Block A, and a 93,345- square-foot building on Lot 2R2, Block A, totaling 16.51 acres of property located at the northwest comer of Freeport Parkway and Bethel Road, 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 set forth: A. That all construction and development within the PD-I86R7-LI shall conformance with the attached Exhibits B through E. B. be in The use and development of this property shall be i~ accordance with Ordnance No. 91500-A-307, except as herein amended. Minimum of nine feet of landscaping (7' plus 2' for parking space overhang) shall be provided between the buildings and the parlqing lot to fulfill the perimeter landscape requirement parallel to the mutual lot lines of these txvo lots. 2 77967 SECTION 3. That the Site Plan, Existing Tree Plan, Landscape Plan and Elevations attached hereto as Exhibits "B", "C", "D", and "E", 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 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 CoppelI, Texas, in conflict with the provisions of this ordinance be, and the same ~e 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 affecl 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. SECTION8. That anyperson, firm or corporation violatif~g anyofthe 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 3 77967 a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitule a separate offense. SECTION 9. That this ordinance shall take effect imme(liately from and after its passage and the publication of its caption, as the law and char~er in such ca~es provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the ~ day of ~, 2005. D~)I~AS N. ~FC VER, MAYOR ATTEST: ROBERT E. HAG~, CITY ATTORNEY (REtt/cdb 16/.,2'5/05 4 77967 ~HEREAS tEXAS DUOAN LJMIT~D PARTN~$HIP is the owner of o 16.510 acre parcel of land situated /n the John Vest Surv~.K, Abstn2ct No 1508, Dallas County, Texo& and being p(Trt of Lot 2, 8lock Apf Duke-Freeport Addition, os r~corded in Volume 2001065, Page J7 of the Plot Records of Do/los County, Texas, said 16.510 ~cr~s t~oct being more po~ticularf, y descrfbed os fo/Ia w~,- BEGINNING, at o lJ2-inch iron rod with 'Pocheco Koch* cop set at the inteq~ection of the west line of Freeport Parkway (110 foot w/de ~/ght--of--woy) and the north //ne of 8ethel Rood (90 foot wide rfghit-of-woy); said point also being the southe(Tst corne~ of said Lot 2; THETVCE* North 89 degrees, 29 minutes, 4~ seconds West deporting said west l/ne of Freepor~ Porfrwo. y, along said nocth llne of 8ethel Pood, and olon~7 the South #ne of said Lot 2, a distance of 1279.78 f~t to o lJ2-inch i~'on rod with 'Pocheco Koch" cop found for cot'neG said point a/so being the southwest cor~er of said Lot 12; THENCE* North O0 degrees, 2J minutes, 44 seconds E(Tst departing the said nt3~,h line of 8e~he/ Rood and the said south //ne of Lot 2, along the west line of said Lot 2 o distance of t62. TE feet to (7 52/8 inch iron rod with 'C&tB" cop found for on angle point in ~he said west hbe of Lot 2; THENCE,, North 11 degrees, 17 minutes. 28 seconds West conbbu/ng along the said west //ne o dist(Tnce of 75.57 feet to o lJ2--/nch ~Yon rod w/th 'Pocheco Koch · cop found for (Tn ongte point in the s~id west fine of Lot 2; THENCE. No,-~h O0 degas. J2 minutes, 27 seconds East, continuing otong th~ said west fine of Lot 2~ (7 distance of 249. J6 feet to o lJ2-inch iron rod with 'Pocheco Koch' cop ~et for corner;. THENCE deporting said west fine of Lot 2, crossing said Lot 2 the fo/lowing si~, (6) col/s: South 89 degrees, 29 minutes, 4,5 seconds East o distance of 419.44 feet to ~o 1/2-inch iron rod with 'Pocheco Koch' cop set for cornecT, North O0 degrees. JO minutes. 15 seconds East o distance of JZO0 feet to o 1/2-inch iron rod with ~Pocheco Koch' cop ~t for cornecT. South 89 de~rees, 29 rntbutes, 45 Seconds East o distance of 25.39 feet to o 1J2-inch /;'on fad found for (Tn annie polb~; Nocth 47 degrees, J4 minutes, 19 seconds East o distance of 25.10 feet to o l~2-inch iron fad with '}~ocheco Koch' cop set for on angle point; South 89 degrees, 29 minutes, 45 seconds East o distance of 450.68 feet to e 1~2-/nch iron rod with ·Pocheco Koch' cop set for on angle point; North 54 degrees, 04 minutes, 54 seconds £ost o distance of J82. JO feet to ~ 1J2-/nch iron rod found, said point being the ~old west /lbe of Freeport Parkway, sold point also be~bg lb o non-tangent curve to the ~ight; THENCE, along the s(7/d west line of Freeport Parkway and said non-tonge~t cuf~,e to the rfght through (7 central angle of 20 degrees. 55 minutes, 5~ seconds, (7 rod/us of 1301, 12 feet, (7 chord bearing onc~ distance of South 09 degrees, 57 rninutes, 4J seconds East, 472.70 feet. on arc length of 475. J5 feet to o lJ2-inch ~"on ro~ with 'Pocheco Koch" cop set for the point of ton~ency,, THENCE, South O0 degree~ JO minutes, 15 seconds West continuing along the s~id we~Jt //ne of Freeport Parkway o d/stance ~f 80.15 feet to o 1/2--inch i~-on rod with 'Pacheco Koch' cop set fo~ the beg/nnir~g of o tong~'~t curve to the THENCE. continuing along the said west line of Freepo~ Por~woy and sold tangent curve to the n~ht through o central of 12 degrees, ~4 minutes, 41 seconds, o rod/us of 240.00 feet, o cho~d be~rln~ and d/stance of South 06 degrees, 47 mf~utes, J5 seconds West, 52.58 feet, on o~c length of 52.69 feet to o l/2-in~:h ~?on rod with 'Pacheco Koch' cop set for the beginning of (7 rever~e curve to the left; THENCE, continuing along the said west //ne of Freeport Pa,-kwoy and ~o~d re~rse curve to the /eft through (7 centr(TI angle of 12 degree~, ~4 minutes, 41 ~econds, o rod/us of 260.00 feet, o chord beorin~ o~d distance of South 06 degrees, 47 minutes, ~5 seconds West, 56.9~ feet, (Tn arc length of 5~08 f~et to o 1/2--inch iron rod with 'p of tonge~cy, ocheco Koch cop ~et for the point THENCE, South O0 degrees, ~0 rn~butes, 15 seconds West cont~;lu[ng o/onq the sold west line of Freeport Porfpwoy o d/stance of 11J. JJ feet to the POi~IT OF BE~NN/NG. COAtTA/N/NG.. 719, 189 square feet or ~6 510 acres of land, more or less EXHIBIT ~UIBIT "B' ~ EXHIBIT "C" Ii' EXHIBIT "D-I~ AIX 9 RiX Z~Od~;Bd EXHIBIT "D-2" EXHIBIT 'D-3" ill EXHIBIT "D-4" 0.... Lm.I iL..