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Agenda Item ORD 081407 AGENDA REQUEST FORM THE.CJTY'OF COP~ELL DEPT: PLANNING DATE: August 14, 2007 ITEM #: 8/F o WORK SESSION o CONSENT ITEM TYPE: ORDINANCE D REGULAR ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-221 R3-HC, Duke Lesley Addition, zoning change from PD-221-HC (Planned Development-221-Highway Commercial) to PD-221 R3-HC (Planned Development-221 Revision 3-Highway Commercial) to attach a Concept Plan for retail and restaurant uses on 17.4 acres of property located at the northwest corner of Belt Line Road and IH 635, and authorizing the Mayor to sign. GOAL(S): o EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: On June 21,2007, the Planning Commission unanimously recommended approval of this zoning change (6-0), subject to the above-stated conditions. Commissioners Frnka, Kittrell, McCaffrey, Haas, Fox, and Reese voted in favor, none opposed. On July 10, 2007, Council unanimously approved this zoning change (5-0). Staff recommends APPROVAL. ACTION TAKEN BY COUNCIL: APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve Ord. # 91500-A-476 M - Tunnell S - Franklin Vote - 7-0 . Ubby Ball tIk. 2007.08.21 . 10:26:28 -OS'OO' I(cj)P[)-??11?1-Hr [)I A ()I?[) Irnnll-AI? AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. <fl.~ 00 -1)- 4 7 ~ 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 PD-221-HC (PLANNED DEVELOPMENT-221-HIGHWAY COMMERCIAL) TO PD-221R3-HC (PLANNED DEVELOPMENT -221 REVISION 3-HIGHW A Y COMMERCIAL) TO ATTACH A CONCEPT PLAN FOR RETAIL AND RESTAURANT USES ON 17.4 ACRES OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF BELT LINE ROAD AND IH 635 AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN, A TT ACHED HERETO AS EXHIBIT "B"; PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENAL TY 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 ofthe 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 R3- 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 of Coppell, 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 PD-221-HC (Planned Development-221-Highway Commercial) to PD-221R3-HC (Planned Development-22I Revision 3-Highway Commercial) to attach a Concept Plan for retail and restaurant uses on 17.4 acres of property located at the northwest corner of Belt Line Road and IH 635, 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 development standards as follows: A) Except as amended herein and as provided in Section 3 of this Ordinance, the property shall be developed in accordance with Ordinance 91500-A-453, which is incorporated herein as set forth in full and hereby republished. B) Prior to development on any tract within this Planned Development District, a detailed Site Plan with elevation facades shall be submitted to assure architectural compatibility and compliance with the HC District; and, that traffic and vehicle circulation shall be in accordance with the following development regulations: (1) Mutual access easement (private Street "A"): (a) a minimum of32 feet wide, (b) shall not have any head-in parking, (c) shall not have any intersecting driveways within l50 feet from Belt Line Road; and (d) shall be fully constructed from Belt Line Road to Point West Boulevard prior to the issuance of any building permits for vertical construction on the Hotel site or other sites adjacent to this drive. (2) Private Street "B" shall: (a) shall not have any head-in parking, (b) shall have no intersecting driveways within 150 feet from Belt Line Road, TM 18946.2.000 C) In addition, mutual access easement shall be provided to the north office/industrial development. This mutual access easement shall be located in the western portion of proposed lot II as shown on the attached Exhibit "B", in close proximity to the proposed hotel. D) Detached signs shall be permitted as follows: (1) Six - 35-foot tall, single tenant pylon signs along LBJ (maximum one per lot); (2) Two - 35-foot tall multi-tenant pylon signs along LBJ; and (3) One - 6-foot tall multi-tenant monument sign along Belt Line Road, and (4) Four single tenant monument signs along Denton Tap (maximum one per lot). (a) Monument signs along Belt Line being limited to 40 square-feet, unless the lot exceeds the 2 acre minimum required for a 60-square-foot sign. E) The location of all detached signs being in accordance with the Sign Ordinance and all monument signs shall be externally illuminated. F) All detached signs shall be architecturally compatible and consistent through the District. G) Landscaping Plans shall be submitted at the time of Detailed Site Plans and shall comply with Article 34 of the Cappel! Zoning Ordinance, with the exception that the required 10-foot landscape buffer along internal property lines subject to such otherwise required landscaping to be reallocated in the interior of such lots within the District. H) The engineering staff will continue to work with the applicant to address concerns related to traffic circulation and ingress/egress. SECTION 3. The property shall be developed and used III accordance with the HC (Highway Commercial) development regulations and standards under the Coppell Zoning Ordinance, except as amended in the development regulations hereinbefore set forth and as TM 189462.000 provided on the Concept Plan attached hereto as Exhibit "B", which is 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 ofthis 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. 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, 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. TM 18946.2.000 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 of the City ofCoppell, Texas, this the 11~ day of ~ ,2007. DOUGLAS N. STOVER, MAYOR ATTEST: . Au ~ ~YSECRETARY TM 18946.2000 LEGAL DESCRIPTION DESCRIPTION OF PROPERTY SURVEYED DESCRIPnON. of a 17.394 ocr. traet of land e/tuatfld in ttJe Cordelia 8o",.n SlJrw)l Ab.traet No. 56, and the J<tfferson ~y 5UrYclY. Ab.tract No. 1~7". DoI~ County, TflXO&; .ald troct Nfng oR of Lot I, Block C of th. Duh Los/oy Addition Dividend Drl.... ~ Point w..t Boulevurd. an addition to thtl CIty of CcpptIJI, f'fICOI'ded WI In.tIvtTHln t No. 2007)0(){ of th. DHd RecordtI of Oolla Count)S Te~; 60id tract bein9 port of th~. troct. of land fincriblld In Tract 1 and Thlct 2 In the Sp<<IoJ ltt7mmty DtIed to Duke Realty Limited Portn~1p ~ In InstflJm/NIt No. 2006{)(JJ()1~2 of .old DHdRIJCOf'liIl; .old t 7.JIU aay troct being mere partICUlarly ~ o. foIloOlIt: BEGINNING. at 0 1/2-lncll Iron rod with -DCA. cap f04.Jnd (no- com.,., #41d point b.lng at th. Int~6Ctlcn of tIl. north rlght-of-rroy 11n. of IntlKWtat. HIghway No. 6.J5 (a .,.",.;obi. wkith right-of-way) and the _rt Hntl of BeltJln. Rood (0 120-fbot w/dtl ~t-of-woy); THF:NCE, Nort" n degrfu, .J5 minllt.., as HCOflrh WHt. oIong the ea/d nart/! line of Intental. HI9hIiK1Y No. 6J5, a dilltOl1ce of 1,193.-46 (Wt to 0 I!2-Jnch Iron rod wIth "Poc;hfCO Koch" CQp found (no- comer; .oid point beinf/ the 60lIth IInd of 0 com.,......c11p at th. InttlnfCtion of th. sold north JJn. of Intentat. HI~woy No. 6J5 wltfr th. IIOut right-of-way 11n" o( Point 1lW.t BouJ.'oUfd (a pr~ ~fbot wide rlg/lt~f-W<1y); THENCE, North 26 degtMs, J6 mlnut.., 59 MaJIlds Waf. along roid comK dip, 0 distonetl of 21.22 frHt to a 1/2-lnch Iron rod with "Pach<<o Koch" cap found (or com.,. In th. NId ~t IJn. of Point WtI.t 8oo/"lIWd; loid point bMg ~ beginning of a non-tong"" curve to th. I.ft; THENCE, along 1/7. ~ fl()st 11n~ of Point ltW.tt 8oul....arrJ, th" following two (2) co"'" In " northerly direation, along ilQld ClJrw<ft to thtl Itlft having a ctlntral an~ of 17 dt19rHS. 56 min"ttts, 131ecol10l, a rodlus of 475.00 '"I. a chord bMJring arrd di.ttonce of North 08 ~ 58 minutn. 06 ItlCOIld1i tost. 148.10 ~t. on ary; di!ltan~ of 148.70 fHt to a poilt for (Ile end of NId ClJ~ Due North, a dlstonCtl of 66.14 fut to a 1/2-inch Iron rod with "Pochtteo Koch. cap found for comf!/; said pain t bf1lng th. northerly nortl1JfNt com.,. of .aid Lot 1 ond III. nort!lfl()st corr..r of Lot 2.. Bloc/( C of said Dukll L".r"y A d<11t10i1; THENCE. dllportlnf/ the .old tK13t /In. of Point ~t Boultlwvd. along ttJ. IOI./tn ond ~t liM of $Oid Lot 2. the following twe (2) collI: South 89 d.gf"H$, 57 mJnllt~ JJ If<<onds East. 0 df8tanCtl of 485.00 fHt to 0 point for axner; Due North, 0 distonc" of #8..00 fHt to 0 point for comer; said point being tfl" northttrfy northwest comer of sold Lot 1 ond th. north.(1!It com.,. "f said Lot 2; THENCE. South 89 d~JA. 57 mlnut... .JJ -.cond. Ftnt. " distDnct> of 6.34.52 ,..t to a 1/7-lndi """" IY>4 .,It;, -PocJr..:o Koch" cop found for COfnK In tn. ~/d _t lin. of Stilt/in. Road; THENCf:, South 00 d~reos, 02 mlnvtn. 27 '/lCond1i It'ut, dong th4I laid _t Ilntl of 8a/tJlne Road, a distan~ of I,~.62 ""t to th. PotNT OF BEGINNING; CONTAINING, 757,682 square ,"t or 17.J94 aCl"ft of land, mont or ItJss, EXHIBIT "A" ~ H I:;d H ~ . ~ NOTES I :( CO U ~ ~f- ii: CEi a Qi li.J ,1-_______ ~: ___,' -, - - - . I LO~~9 ,i ,~i\. 67,979 SF/ _r_,:' ') ~D,Ij>~~ " LOT 8: ' ~-;--- I' ....._, I -----_ , 59,875 SF : , Lor ~ , I 4:),000 SF , '" --<.. ID +- =E -~~ =1- ~ =t= l [}tt-H~ft{}11 HH-H-tt{] fj 1114J Ij tW-D lJllTmT liiilU ".PRfVATEDRIVE A ( ,\ LOT 70 69.264 Sf .7.. "-__'r -- , THERE WJLl BE NO HEAO-INP!4RKJNG ONPR/VATE ~ "A. 1. PRIVATF DRIVE ....MUST8€ CONSTRUCTED INrr5 ENTIRETY BEFORE ANY 8UtlOlNG PERAlfrs FOR ~ OF THf: THE ADJACENT PARCELS. INCI.UDfNG JloE HOTEL SITE. )W.L BE ISSU(O J. THERE WIU BE NO HEAD-IN PAR1(Jf<<; ON PRIVA TE ORNE '60 4, AU. lOCATI(WS OF DETACHED SIGNS WIlL BE IHACCORDANCEIWrn THE SIGN ORIOINANCE ~ A.Ll MONtNENT SIGNS \oW...l. BE EXTERNAU Y /UrJIlMHA TED 6 All WOM.IMfNT SIGHS ALONG BEl nINE ROAD WfLL BE LUTED TO., SQUARE FEET UNlESS THf lOT IS LARGER TNA.N 1 ACRES. IN THIS CASE THE SIGNS WJU BE L"""TED TO 1IO SQUARE FEET. 1 LANOSCAPlNG FOR EAC~ TRACT SHALL CowPl Y """'THARTlClE 34 OF THE ~lL ZONING ORDINANCE ""'TN THE EXCEPTION THE REOURED 'Q-.FooT LANOSCAPt: 8UFFCI~ ALONG INITRNAL PROPERTY liNES MAY BE WAIVED ADJACENT ro MUTU4L ACCESS E.ASEIJENTS IF A.N EOUfVALENT AJ,ICJUNT OF LANDSCAPED AREA ANO TREES ARE PRQVID€O IHrERIOR TO THE SITE OR AI ONG Tkf PERIMETER OF EACH PARCEl a PR~ TO DEVE!OPf.tENT ON ANY TRACT SIn: PlANS (PO ANENDMENTS roAnACHA DETAil. PLAN) i ~~~~~~~.~~~~~~TlBH-'TY, COMPlIANCE WITH THE He DISTRICT AND \~A7'YATE DRIYf "A" wrLL BE A ""NfUINOI" 31!'EET AN()HAV!:: YEHlCLIl.AR TURNING MOVEAlENTS AT ALL ~RCFI ACCfSS POINTS - - ._.~_________. _____.__n__.. _._._____.__ _ -:df~~~~----=---~~-- ~-~=-~=_J r _0.'., 10.-..3-'" : ~ L .J - - - PRIVAFEfJRIVEB--8 ~ ' ( LOT 5 44,800 SF L 1 T 7 20.,60 SF Lor 4 44,800 SF ------~..tI LOT 2 75,360 SF LOT J -,..28,000 SF I I ~ LOT 6 4,),000 Sf T-'.J..I_;::'2 -,-<. ., Lor 7. 74,825 SF - -J. ~ ~ @ @~N,SEPTPLAN - [11- ~ ~- ~- PURPOSE STATEMENT mE PURPOSE Of' THIS CONCEPTUAL MASTERPlA./oIIS ", TO ESTABLISH CIRC/AAT/ON AND REA PATTERNS WITHiN THE 1'39 ACRf':S IN 9ENEf'lT TO THE DOU8lE TREE HOTEL SHE AND THIS RETAil SITE_ TO ESTABLISH PYLON SIGNAGE tOCA noNS AT EACH PARCEL FRONTING I.H 6J5 (LBJ FREEWA Y) PYLON S/GHAGE NOT TO EXCEED 35 FEET IN HEIGHT AND 200 SF THESE PYlONS SHALL BE ARCHITFCTt./RAll 'r' COMPATI8L.E.....,rn TlE su..OING IN TERMS Of STnE. AU.TERWS. AND CatORS. TO ESTABLISH THAT AU Bl/fLDfNGS BUlL T IN THIS DEVELOPMENT SHALL BE ARCfflTECTlIRALLrCOMPATI8LE AND COMPl'r' wrTH ALL PROVISIONS LISTED IN SEC 12.22_5 OF THECiTYOFCOPPEU. '1-/C"REGL\ATlCWS ... TO ESTABLISH THA T ALL LANDSCAPING Sl-W..L COoUPl'r' Mrn ARTICLE :u OF THE C-OPPfU l0N4NG ORDINANCE, WITH THe EXCEPnoN THA T THE REQUfRED 10' LANDSCAPE SUFFER ALONG INTl;RNAL PROPERTY LINES AlA r BE WANED ADJACENT 10 MUTUA.l ACCESS EASEMENTS TO REDUCE THE AJI(){#/T OF CONCRETE' DRIVE AISLES. AND IIM"ROVf ClRCUlA T/ON. AJK) AN EQUIVALENT AItIOUNT OF LANDSCAPfD AREA AND TREES SHl.LL BE PROVIDED IWTFRIOR OR ALONG THE PERIMETER OF EAat PARCfL TO ESTABLISH THAT 61004 PARCEL MUST SU8AIIT A "DETAIlED SITE PlAN" ro THE CITY OF COPPEU FOR SPECifIC APPROVALS AND AltlENDAfEffTS 10 THe' PO FOR THEIR TRACT, o 03 lOGO @MONUMENT SIGN OIAGRAM ~~ @PYlON SIGN DIAG~ ~~ ..-.-..-,.---..---- - --_........,.,........'" ... _._._-_._..._...~ ... -...---,.....---- --........---......... 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