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CC approval of ORD on 4/10/2007 AGENDA REQUEST FORM THE.CITY.OF DEPT: PLANNING April 10, 2007 COPPELL DATE: ITEM #: 1 3/D o WORK SESSION o CONSENT D REGULAR ITEM TYPE: PRESENTATION ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-221-HC, Duke Lesley Addition, zoning change from HC (Highway Commercial) to PD-221-HC (Planned Development-221-Highway Commercial) to allow for tilt-wall construction and additional attached signage on the office buildings that are 50,000-square-feet or larger and to allow for the development of mixed uses, including retail, office, and hotel on a total of 78.5 acres of property located at the northwest corner of IH-635 and South Beltline Road, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: On January 18, 2007, the Planning Commission unanimously recommended approval of this zoning change (7-0). On February 13, 2007 Council unanimously approved the zoning change (7-0). Motion to Approve Ord. # 91500-A-453 M - Peters S - Faught Staff recommends APPROVAL. Vote - 6-0 York absent .. UbbyBall tA 2007.04.11 , ,'6:38:05 -05'00' I(ci)pn-??I-Hr nl nk'n I-Ak' rrnnl AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 9/3"oo-fl-1S3 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 (HIGHWAY COMMERCIAL) TO PD-221-HC (PLANNED DEVELOPMENT-221- HIGHWAY COMMERCIAL) TO ALLOW FOR TILT-WALL CONSTRUCTION AND ADDITIONAL ATTACHED SIGNAGE ON THE OFFICE BUILDINGS THAT ARE 50,OOO-SQUARE-FEET OR LARGER AND TO ALLOW FOR THE DEVELOPMENT OF MIXED USES, INCLUDING RETAIL, OFFICE, AND HOTEL ON A TOTAL OF 78.5 ACRES OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF IH-635 AND BELTLINE ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE ZONING EXHIBIT, CONCEPT PLAN, AND CONCEPT ELEVATIONS, ATTACHED HERETO AS EXHIBITS "B, C AND D", 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 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-221-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 ofCoppell, Texas, duly passed by the governing body of the City ofCoppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from HC (Highway Commercial) to PD-221-HC (Planned Development-221-Highway Commercial) to allow for tilt-wall construction and additional attached signage on the office buildings that are 50,000-square-feet or larger and to allow for the development of mixed uses, including retail, office, and hotel on a total of 78.5 acres of property generally located at the northwest comer of IH-635 and Beltline Road, and being more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes. SECTION 2. This Planned Development shall be developed and used only in accordance with the Zoning Exhibit, Concept Plan and Concept Elevations and the development standards as follows: (A) General purpose and description. The PD-221-HC district is intended to alter the HC zoning to include concrete tilt wall construction and to permit additional signage for office buildings of at least 50,000 square feet in size. (B) Use regulations. A building lot or group of lots shall be used within the Planned Developments only for the following uses: 1. Auto parts sales (new). 2. Barber and beauty shop. 3. Business or trade school. 4. Business support services. 5. College or university. 6. Communications services. 7. Community centers (public or private). 8. Consumer repair services. 9. Drug store or pharmacy. 10. Dry cleaning and laundry. 11. Exhibition hall. 12. Film developing and printing. 13. Financial services. 14. Florist (no outside storage). 15. Furniture stores. 16. Hardware store. 17. Hospital. TM 15469.2.00 2 18. Jeweler (retail). 19. Laboratory: Scientific, research, testing, medical, dental, or optical so long as all operations are conducted indoors. 20. Meat market (retail only). 21. Municipal buildings. 22. Other general retail sales of similar nature and character as provided in this section, subject to the following conditions: (a) that it be conducted wholly within an enclosed building; (b) that required yards not be used for display, sale or storage or merchandise, or for the storage of vehicles, equipment, containers or waste material; (c) that all merchandise be first-hand and be sold at retail on the premises; and (d) that such use does not promote objectionable odors, excessive light, smoke, dust, noise, vibration or similar type nuisance. 23. Office/Warehouse (warehouse use being limited to a maximum of20 percent of the gross floor area). 24. Personal services. 25. Pet services. 26. Photography studio. 27. Postal facilities. 28. Printing shop or company (retail only). 29. Professional and administrative offices where services are provided including but not limited to doctors, dentists, attorneys, architects, engineers, urban planners, insurance, real estate, banks and similar offices only and no chattels or goods are offered for sale on the premises. 30. Radio, television or microwave receiving dish (subject to screening regulations; 31. Temporary buildings for use incidental to construction work on site premises, after which said building shall be removed. 32. Any use permitted by special use permit, as listed in section 12-30-9, as listed in section 12-22-2 of the Zoning Ordinance, as amended. For clarity and illustrative purposes, the following uses, though not limited to the following, are specifically not permitted uses within this Planned Development. 1. Airport. 2. Crop production. 3. Kennels. 4. Any use requiring outside storage. 5. Pawn shops. 6. Seed store. 7. Used automobile sales or display, repair garages, tire and seat cover shops, or auto laundries unless incidental to a service station. TM 15469.2.00 3 8. Self-storage or mini-warehouses. (C) Area and height regulations. 1. Minimum size of yards: (a) Front yard: 60 feet. (b) Side yard: 30 feet. (c) Rear yard: 20 feet. 2. Minimum size of lot: (a) Lot area: 10,000 square feet (b) Lot width: No minimum. (c) Lot depth: No minimum. 3. Lot coverage: In no case shall more than 50 percent of the lot be covered by buildings. 4. Height restrictions: Maximum height of20 stories, notwithstanding the preceding, but limited to 70 feet on any portion of the site within 300 feet of property zoned or used for A, SF-ED, SF-18, SF-12, SF-9, SF-7, SF-O, 2F-9, TH-I, or TH-2. No structure may exceed the maximum height limitations as established by the DallaslFort Worth International Airport Board. (D) Parking requirements. Required off-street parking shall be provided in accordance with the specific uses. No more than 50 percent of the required parking shall be utilized in the front yard. No parking or loading shall be permitted within 20 feet of the front property line. (E) Type of exterior construction All structures shall be 80 percent masonry exterior exclusive of doors and windows. 1. Masonry is further defined as brick and stone of earth tone colors, other brick colors shall be permitted as accent provided that, in combination, accent materials and non-masonry materials do not exceed the 20 percent non-masonry benchmark on anyone facade. 2. Flat roofs and parapet walls around flat roofs shall have a cornice, cap or other detail with a vertical dimension equal to at least three percent of the height of the building. Where as architectural feature extends above the roofline, and is visible from a public right-of-way, then the back side of this feature shall be finished of a material that is of the same or similar material as the front of this feature, i.e. brick. Pitched roofs shall have roofing material of a lusterless neutral/earth tone or green color. Green colors shall be limited to dark forest greens, gray greens, pale bluish-gray greens, slate greens and copper patina. Metal roofs may be standing seam either with a baked-on lusterless finish or made of copper. 3. Exterior wall surfaces should consist of no more than three colors; a base color, and/or a trim color, and/or an accent color. The base color may be utilized on up to 100 percent of the surface area of anyone facade of a building. Another color, other than a base color, shall be permitted on up to only five percent of the surface area of anyone facade, and an accent TM 15469.2.00 4 color on up to only one percent of the surface area of anyone facade. For calculation purposes, wall surfaces should include eaves, gables and parapets, but should exclude roofs, awnings, or signs. 4. Glass should not exceed 50 percent of the total area of anyone facade of a building. 5. Awnings are limited to canvas, or a lusterless, non-metal material that closely resembles canvas, at least 98 percent of which is a single deep or neutral solid color. The remaining up to two percent, if different, shall be contrasting. Awnings shall not be backlit. Lettering and logos should be limited to a monogram, not exceeding 20 percent of the sign area. (F) Type of exterior construction- Office buildings greater than 50,000 SF. All structures shall be 80 percent masonry exterior exclusive of doors and windows. 1. Masonry, as defined by the Code of Ordinances within this Planned Development shall include concrete tilt wall, brick, stone and faux stone of earth tone colors. A building or structure may also contain other non-masonry materials for accent provided that, in combination, accent materials and non- masonry materials do not exceed the 20 percent non-masonry benchmark on anyone facade. 2. Exterior wall surfaces as established herein should consist of no more than three colors; a base color, and/or a trim color, and/or an accent color. The base color may be utilized on up to 100 percent of the surface area of anyone facade of a building. Any other accent or trim color, other than a base color, shall be permitted on up to only five percent of the surface area of anyone facade, and an accent color on up to only one percent of the surface area of anyone facade. For calculation purposes, wall surfaces should include eaves, gables and parapets, but should exclude roofs, awnings, or signs. 3. Glass shall not exceed 50 percent of the total area of the building facade. 4. Awnings are permitted but limited to canvas, or a lusterless, non-metal material that closely resembles canvas, at least 98 percent of which is a single deep or neutral solid color. The remaining up to two percent, if different, shall be contrasting. Awnings shall not be backlit. Lettering and logos should be limited to a monogram, not exceeding 20 percent of the sign area. Entry canopies are not defined as awnings. (G) Landscaping requirements. Landscape requirements shall be provided according to article 33. Additionally, those areas which are specified within the Coppell Streetscape Plan shall be adhered to and are not otherwise amended hereby. (H) Building Sign age. For office buildings in excess of 50,000 SF, signage shall be limited to a maximum of 600-square feet per building with no more than two (2) signs on any TM 154692.00 5 one building facade. All other sign age shall be in accordance with the Business Regulations in 12-29 of the Zoning Ordinance, as amended. SECTION 3. The property shall be developed and used in accordance with the HC (Highway Commercial) development regulations and standards under the Coppell Zoning Ordinance, except as amended in the development regulation hereinbefore set forth and as provided on the Zoning Exhibit, Concept Plan and Concept Elevations attached hereto as Exhibits "B, C, and D and E, respectively, and which are made a part hereof for all purposes, which 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 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. TM 15469.2.00 6 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 ofCoppell, 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. nUL y PASSED by the City Council ofthe City of Coppell, Texas, this the / t/~ day of ~.f!J ,2007. ATTEST: ~~rJfl~~ LIBBY BA , I1Y CRETARY R, CITY ATTORNEY . ewed & Revised 4/2/07) TM 15469.2.00 7 DESCRIPnON, of 0 78.50.0. acre tract of land situated in the Cordelia Bowen Survey. Abstract No. 56 and the Jefferson Tilley Survey. Abstract No. 1474, Dallas County, Texas; said tract being those tracts of land described in Special Warranty Deed as WTract lw and 7ract 2w to Duke Realty Limited Partnership recorded in Instrument No. 20.0.60.0.30.1442 of the Deed Records of Dallas County. Texas; said 78.50.0. acre tract being more particularly described os follows: BEGINNING, at 0 1/2-inch iron with ~DCA ~ cap found for comer at the intersection of the west right-of-way line of Beltline Rood (0 12a-foot wide right-of-way) with the northeast right-of-way line of Interstate Highway No. 635; THENCE, alom; the said northeast line of Interstate Highway No. 635, the following four (4) calls: North 71 degrees, 35 minutes, 05 seconds West, a distance of 1,545.92 feet to 0 1/2-inch iron with wDCA W cop found for angle-poin t; North 51 degrees, 30. minutes, 48 seconds West, 0 distance of 1,0.57. /9 feet to a concrete monument found for angle-point; North 39 degrees, 55 minutes, 52 seconds West, 0 distance of 80.8. 75 f~t to 0 concrete monument found for ongle-point; North 35 degrees, 43 minutes, 45 seconds West, 0 distance of 1,269.74 feet to 0 1/2-inch iron found for comer; said point being the south comer of Lot 2, Block C, Gateway Business Pari<, on addition to the City of Coppell, Dallas County, Texas according to the plot recorded in Volume 99/0.4, Page /0.6 of said Deed Records; THENCE, North aD degrees, 13 minutes, 57 seconds East, along the east line of said Lot 2, and the east right-of-way line of Dividend Drive (a 75-foot wide right-of-way), a distance of 716.54 feet to a point for comer; said poin t being the cen ter/ine of said Dividend Drive;; THENCE, Easterly along said centerline of Dividend Drive the following nine (9) calls: Southeasterly, having a central angle of 34 minutes, 11 seconds, 55 minutes, a radius of 450. DO. feet, a chord bearing and distance of South 16 degrees, 52 minutes, 0.1 seconds East, 264.63 feet, an arc distance of 268.60., to a point for comer; South Go. degrees, 13 minutes, 57 seconds West, a distance of 20.2.14 feet to a point for comer; Southeasterly. having a central angle of 35 minutes, 57 seconds, 42 minutes, a radius of 90.0..0.0 feet, a chord bearing and distance of South /7 degrees, 44 minutes, 54 seconds East, 555.66 fe-et. an arc distance of 564.88, to a pOint for comer; South 35 degrees, 43 minutes, 45 seconds East, a distance of 728.59 feet to a point for comer; Southeasterly, having a central angle of 54 minutes, 13 seconds, 48 minutes, a radius of 450..0.0. feet, a chord bearing and distance of South 62 degrees, 50. minutes, 39 seconds East, 410.20. feet, on arc distance of 425. 92, to a poin t for comer; South 89 degrees, 57 minutes, 33 seconds East, a distance of 10.96.36 feet to 0 point for comer; Southeasterly. having 0 central angle of 32 minutes, a/ seconds, 21 minutes, 0 radius of 450. GO feet, a chord bearing and distance of North 74 degrees, 0.1 minutes, 46 seconds East, 248.24 feet, an arc distance of 251.50., to a point for corner; Southeasterly, having a central angle of 32 minutes, 0.1 seconds, 2/ minutes, a radius of 450.0.0. feet, a chord bearing and distance of North 74 degrees, 01 minutes, 46 seconds East, 248.24 feet, an arc distance of 251.50., to 0 point for comer; South 89 degrees, 57 minutes, 33 seconds East, a distonce of 943.81 feet to a point for comer, said point being in the said west line of Beltline Drv;e THENCE, South 00 degrees, 0.2 minutes, 27 seconds West, along the said west line of Beltline Road, a distance of 1885.62 feet to tfle POINT OF BEGINNING; CONTAINING, 3,419,448 square feet or 78.500. acres of land, more or less. EXHIBIT "A" ~Er~:'. T-1384) \ "I CB_S18"S1010[ \ :: II ~I~ en_".., \ :; ~N , 81 , Z, 'H ,,"'T,,- \ 1'-900 00 , \ l"'~4e.e , \ T...292 09' C8_S1'iu ~'[ ~~Os(D l~':~tiC. , ...'V ::~~~~. {~_1 II ...., ., \ l-25150' ,,~':,'.'::'~, , ,"~.\~,\~~,~ )::~~'oo"- ::~;~}:~'~l~:'''-[ '""-:,,,\ l-41~ 1I2 l-251 SO' '',. ~:~;~J~.[ ~~~97:~' 48.( __ ~I II . ~"-::~~;~OS~,.';,R~;'Q,~~JB~~ u~ - ''''''"''''''1 """~,"---- - - - -.. - - - - -ll\, ~ l~~r'~~~HC: :0 '\ ' 'J,.1'\ R~~O~R I 10, onC_"T/ON O"_o.._rr 'IJ_V"~O " , .~ ',~ :",'.t,c;,' I:: ; ~-,.'."'JD(I-.._,.,___.._~_:a..-...~__.....,._...._ (~,. '_"i,. ~. _AIIIO~_'f7"''' 1 Wh ~~o:..,"'~':"'7,.'::':!,:;;i-:'-"o.::-:..~=..:,=~':-:,,=::,,:~ "''J' " .. ~- " f'''CU''1Qnj I Z~ :O-:UJ ~r"",~~ .''''-'-c-IJ'_ - "-XlO-.. -,-.......~-,- ,'l( " ,,\ ~" PROPOSED ZONING : :J.~ ;<'- - ".....,.., PRoPOS(O .PO-He I Q r.' -?~"". "~ ION::~;D;"C ~~i : Iw~Z , ~', \J.i', . 2~.11 ACl'l[S :I I ",,~ '1:t; - '''-. 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Tl 7~24(1 PH, (111) ,M1-I700 '''1 ($72) )411-1800 I '----- ---- ~.....----_.._------- """-"" P...OoECO KOO< CCWSlA l't+C rl'OI>>!ITRs....C ~H()IIIfIola:I'OTYIIAlf'lP1'\!S>ll'n. SIJIl'tlOOO OAUAS. rnA5 7~201 ,." (972) 2~-)QJ' '.Ill ('H)2J$-'~ J ....-.__....._,_____._,_.. :"'.::: .::::::..::-' - - .....-- ....._~,..- ~ j~ft~ LOTS ...... HA'ol[ rwo ",(t01 1--.1lDS.l ~Oiltmlo E)(lXIIlliT DUKE LESLEY ADDITION BLOC1< 8 &: BlOCK C . BlOC)( 0 78.500 ACR( TRACT LOCAT[!) IN T>fE CITY Of' COPPEU. TD<AS ....0 IlONC OUT or 1><E CORll(JJA IlOW[N SUFMY, ABSmACT NO. ~~ & J(fTER$QN T1UEY Sl.IRV['Y, A8S'TlVCT NO. 1414, DAllAS COUNTY, mv.s ... EXHIBIT "D-I" i I II I 1- I I' I , I, I' _ , I .." --- -nc' T--,-- ---'::iiJ I , ',' I ! I I; I I I : I I I , i, --I i ---).I~J~r~."...' ;.:1( L ~_ __ _J - I: EXHIBIT "D-2" !1'~":: i I: !!.5; i I i 1/\: I I:'j --II: I ~l! I it,l; _Jl' Ili~~r .i~(:!P :ili,;!J!li:jl; I',) I,; I , i : ,; ~ I i II' ~ : I I:!'\): . I I ,: , : ~' i ' ' I ' I 11:.:1;;' EXHIBIT "n-3" EXHIBIT "D-4" . ' ~'''I ..; ?"... .,