OR 297-A-23 Lincoln Property Company AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.297A23
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, TEXAS, AS
HERETOFORE AMENDED, TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED
PROPERTY TO THE NEW ZONING CLASSIFICATION HEREIN STATED; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES
FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF ONE THOUSAND
DOLLARS ($1,000.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Zoning Commission and the Governing Body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas with reference to
the granting of zoning changes under the zoning ordinance and zoning map, 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, the said Governing
Body is of the opinion that said change of zoning on application of Lincoln Property
Company should be granted and the Comprehensive Zoning Ordinance of the City of
Coppell should be amended in the exercise of its legislative discretion:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance of the City of Coppell,
Texas, be and the same is hereby amended by amending the Zoning Map of the City
of CoppeI1, to give the hereinafter described property, as shown on the plat attached
hereto as Exhibit "A," the following new zoning district classification, to-wit:
All of the following tracts of land being out of a tract of land situated in the W.T.
Hyder Survey, Abstract No. 1701, Denton County and the Clarinda Squires Survey,
Abstract No. 1682, Denton County and Abstract No. 1327, Dallas County; and also being
a part of that tract of land conveyed by Garhart O. Dollenger and Freda M:innie
Dollenger to Jack Lively, as recorded in Volume 4608, Page 8 of the Deed Records of
Dallas County, Texas, and also being a part of that tract of land conveyed to H.A.
Thiede, as recorded in Volume 504, Page 680 of the Deed Records of Denton County,
Texas:
Tract 1. "MF-I" Multi-Family Residential District Classifieatien.
Said property being shown on the following plat and described as follows:
.... I I
.' FLOOD
II
~ " DENTON ~ TAP '" ~AD
COMMENCING at a point in the West right-of-way line of Denton Tap Road (40'
from the centerline); said point being on the North boundary line of the City
of Coppell; THENCE S 89~'52'30'' W, with said ,~lorth boundary line, 2176.29 feet;
THENCE S 00o00'36" E, departing said tlorth boundary line, 926.30 feet to the
POINT OF BEGINNING;
THENCE S 89°58'40" E, a distance of !199.28 feet to a point for corner;
THENCE S 00°01'20'' W, a distance of 934.76 feet to a point for corner on the
proposed lO0-year floodway non-encroachment line;
THENCE in a Westerly direction and with said proposed non-encroac.~ment line as
fol 1 ows:
N 74"27'43" W, a distance of 172.'43 feet;
S 82°51'10'' W, a distance of 250.00 feet;
S 55002'27'' W, a distance of 275.00 feet;
S 82°55']8'' W, a distance of 165.00 feet;
N 52°£5'48'' W, a distance of 230.00 feet;
N 43°43'45'' W, a distance of 308.39 feet;
TItENCE N O0~DO']6'' 'd, departing s,~id proposed non-encroachment line, a
distance of 734.94 feet to the POINT OF 3EG~N,qZNG and containing 26.~n0 acres
of land, more or less.
Tract 2. "MF-2- Multi-Family Residential District Classification.
Said property being shown on the following plat and described as follows:
//
~"z.::;:* / /
~.J30 or.,~es / 25.550 oa,'as
~0~
.'
~' X ~ DENTON
BEGINNING at a point in the North boundary line of the City of Coppell; said
point being S 89o52'30'' W, 976.49 feet from the West right-of-way line of
Denton Tap Road (40' from the centerlinel;
THENCE S 00o01'20'' W, departing said North boundary line, a distance of 929.38
feet to a point for corner;
THENCE N 89058'40'' W, a distance of 1199.28 feet to a point for corner;
THENCE N 00°00'36'' W, a distance of 926.30 feet to a point for corner on the
North boundary line of the City of Coppell;
THENCE N 89o52'30'' E, with said North boundary line, a distance of 1199.80
feet to the POINT OF BEGINNING and containing 25.550 acres of land, more or
less.
Tract 3. "O" Office District Classificetiou.
Said property being shown on the following plat and described as follows:
/
/ /
////
· ' ~LOOD
( -':-:
[~ ~' ~ DENTON ~ TAP ~AD
BEGINNING at a point in the West'right-of-way line of Denton Tap Road (40'
from the centerline); said pint being on the North boundary line of the City
of Coppell;
THENCE SOUTH, with said West right-of-way line, a distance of 700.00 feet to a
point for corner;
THENCE WEST, a distance of 10.00 feet to a point for corner-in said West
right-of-way line (50' from the centerline);
THENCE SOUTH, continuing with said West right-of-way line, a distance of
615.86 feet to a point for corner on a curve to the right having a central
angle of 14°21'55" and a radius of 3940.00 feet which bears N 03°53'14'' E;
THENCE along said curve to the right, an arc length of 987.84 feet to a point
for corner;
THENCE N 00°01'20'' E, a distance of 1124.56 feet to a point for corner;
THENCE N 89°52'30'' E, a distance of 976.49 feet to~ the POINT OF BEGINNING and
containing 27.707 acres of land, more or less;
Tract 4. "R" Retail District Clmssffieation.
Said property being shown on the following plat and described as follows:
COMMENCING at a point in the West right-of-way 1 ine of Denton Tap Road (40'
from the centerline); said point being on the North boundary line of the City
of Coppell; THENCE SOUTH, with said West right-of-way line, 700.00 feet;
THENCE WEST, 10.00 feet to a point in said West right-of-way line (50' from
the centerline); THENCE SOUTH with said West right-of-way line, 615.86 feet to
the POINT OF BEGINNING;
THENCE SOUTH, continuing with said West right-of-way line, a distance of
875.14 feet to a point for corner on the proposed lO0-year floodway non-
encroachment line;
THENCE in a Westerly direction and with said proposed non-encroachment line as
fol 1 ows:
WEST, a distance of 170.00 feet;
S 66°22'14'' W, a distance of 180.00 feet;
WEST, a distance of 120.00 feet;
N 42°54'34" W, a distance of 330.00 Feet;
hi 60°29'04'' W, a distance of 300.00 feet;
N 74°27'43'' W, a distance of 27.57 feet;
THENCE N 00°0l'20'' E, departing said proposed non-encroachment line, a
distance of 739.58 feet to a point for corner on a curve to the left having a
central angle of 14°21'55'' and a radius of 3940.(]0 feet which bears
N 18°15'09'' E;
THENCE along said curve to the left, an arc length of 987.84 feet to the POZNT
OF BEGINNING and containing 19.493 acres of land, more or less.
Traet 5. "PD-FI~ Planned Development Flood Plnin District Classification.
Said property being shown on the following plat and described as follows:
COMMENCING at a point in the West right-of-way line of Denton Tap Road (40'
from the centerline); said point being mn the North boundary line of the City
of Coppell; THENCE SOUTH, with said West right-of-way line, 700.00 feet;
THENCE WEST, 10.00 feet to a point in said West right-of-way line (50' from
the centerline); THENCE SOUTH, with said West right-of-way line, 1491.00 feet
to the POINT OF BEGINNING;
THENCE SOUTH, continuing with said West right-of-way line, a distance of
410.00 feet to a point for corner;
THENCE S 05o43'00'' W, and with said West right-of-way line, a distance of
100.50 feet to a point for corner (60' from the centerline);
THENCE SOUTH and with said West right=of-way line, a distance of 390.00 feet
to a point for corner in the centerline of Denton Creek;
THENCE in a Northwesterly direction and with the centerline of Denton Creek as
fol 1 ows:
N 86°39'00'' W, a distance of 119.50 feet;
N 66°39 00" W a distance of 291.60 feet;
N 55°40 00" W a distance of 193.50 feet;
N 42°56 00" W a distance of 359.50 feet;
N 37°06 00" W a distance of 298.68 feet;
N 62°25 45" W a distance of 166.34 feet;
N 87°04 09" W a distance of 102.11 feet;
S 58°45 23" W a distance of 35.31 feet;
S 45°58 19" W a distance of 234.76 feet;
S 81°48 42" W a distance of 231.49 feet;
N 83°33 23" W a distance of 396.65 feet;
N 62°46 45" W a distance of 126.33 feet;
THENCE N 00°00'36" W, departing said centerline, a distance of 721.83 feet to
a point for corner on the proposed lO0-year floodway non-encroachment line;
THENCE in an Easterly direction and with said proposed non-encroachment line'
as follows:
S 43°43'45'' E, a distance of 308.39 feet;
S 52°25'48'' E, a distance of 230.00 feet;
N 82°55'38'' E, a distance of 165.00 feetl
N 55°02'27'' E, a distance of 275.00 feet;
N 82°51'10'' E, a distance of 250.00 feet;
S 74o27'43'' E, a distance of 200.00 feet;
S 60o29'04'' E, a distance of 300.00 feet;
S 42o54'34'' E, a distance of 330.00 feet;
EAST a distance of 120.00 feet;
N 66°22'14'' E, a distance of 180.00 feet;
EAST a distance of 170 feet to the POINT OF BEGINNING and containing
30.452 acres of land, more or less.
The property described above as Tract 5 and zoned (PD-FP) Planned Development
Flood Plain shall be subject to the attached PD-FP Concept Plan and subject to the
following regulations and Addendum to Concept Park Plan:
General Purpose and Descrip=.ion - To provide for =he appropri-
a:e use of land which has a his:cry of inunda:ion or is
decermlned :o be subjec= :o flood ~ard, and :o pr~oce
~eneral welfare and provide protection fr~ flood~/
of cer:ain dis=r~acs are ~esl~a:ed ~:h a ~ood Pla~ Prell,
~. ~eas ~est~ced on =he Zoning D~=rla= ~p by ~
Pref~ shall be subjea= =o =he fo~~ prov~fo~: -
Peri=ced Uses - ~e pea=ced ~es ~ =ha= pot=ion of any
dis=ria: hav~ a Flood Plain, ~ pref~ shall be lief=ed
cbc
1. A~riaul=ural ac:ivac!es includ~ =he ordlna~ cul=!va-
=ion or ~raz~ of land and ie~al =~es of ~ai
husband~. .
2. Oif-scree: Nar~ng lnclden:~ ~o ~ ad~aaen: ma~ use
pe~=ed in =he
3. Elec:rlca! Substation.
~I :ypes of loc~ u=i!i:ies ~c!udln~ :hose requlr~
Specific Use
Par~, co~uni=y c en~ er s, p lay~round s, public golf
courses (no s:~c:ures), and o~her recrea~io~i areas.
6. Private open space as par= of a C~i=y Uni~ Develop-
men= of Pia~ed Kesiden=lal Developmen=.
7. Re!lpor: ~hen approved by Spec~ic Use Pe~: ~ provided
in Secnion 29.
No bui!dln~ or s:~c:ure sha~ be erec:ed in ~ha= por=ion
any dis=ric: designa:ed w~:h a Flood Plain, ~, Pref~ uncll
and ~less such bui!d~g or s:ruc:ure has been approved by the
Ci:y Council ag:er englneer~g s~dies have been made and
ascer=alned :ha~ such building or s=~c:ure is no~ subJec:
da~ge by flooding and would no= constitute an encroac~en:,
hazard, or obs=acle ~ :he movemen= of flood wa~ers and
such cons~c:ion ~ouid hOC endanger =he value and s~e~y of
o~her proper=y or :he public health and welfare.
~y d=p, excavation, s:ora~e, filling, or ~ninf opera:ion
~:hin :ha~ pot:ion of a dis:rlc: having a Flood Plain,
Prefix sha~l be approved in ~i:ing by the Public Works
DirecTor before such operation is begu~.
An area ~y be r~ved fr~ ~he ~ood ~laa, N, Preff~
desig~cion ~en by the pr~lsion o~ drai~ge vote, grad~g,
~lood pro~ec:ion, or specific dral~ge s~udy, i~ is demeaned
by ~he Cl~y CouncE ~ha~ ~he flood ~zard ~s been a~ev~ed.
~e fac~ ~ l~d ~, or Is no~, ~ a dis~ri~ having a
~ood Pla~, N, Preff~ shall no~ be ~e~re~ed as assurance
,~ha~ su~ land or ~ is, or is no~, sub~ec~ ~o periodic
local flood~.
Addendum to Concept Park Plan
Coppell, Texas
The following items have been agreed upon between Lincoln Property Company,
the Park Board, and the City of Coppell Park Department, and are to be
incorporated in the Planned District - Flood Plain zoning request by Lincoln
Property Company.
The PD-FP zoning designation will guarantee the area to be used exclu-
sively as a park for the use and enjoyment of all the citizens of Coppell.
The area is approximately 30 acres ~; however the final acreage will be
determined after F.E.M.A. has approved plans for fill on all of the area north
of Denton Creek.
The following items will be included as permanent improvements to the park
area at the sole expense of Lincoln Property Company.
I. Shelters - Stucco columns or similar, low maintenance material with
appropriate paving for various §roup gatherings.
Shelters (1)
2. Picnic Tables - 6' pressure treated pine, Pilot Rock model PT-6 or
similar.
Picnic Tables (6)
3. Grills - Mexico Forge or similar, heavy duty #455-00.
Grills (6)
¢. Trash Cans - Pilot Rock or similar #TG-24 with AH-3 anchor stake in
concrete.
Trash Cans {10)
5. Lights - "Antique Fixture" if possible, low maintenance lO-12' pole.
Lights (6) - plus 34 light fixtures along jogging trail.
6. Trail Paving - Crushed stone similar to Shrickle and Rollins proposal.
Trail
7. Exercise Stations - Par Course type.
Exercise Stations (12)
8. Grass - Seeded Bermuda or native grasses.
Grass - (20 acres)
9. Irrigation - Temporary system - ¢5 to 60 days to establish grass and no
permanent system.
10. Shade Trees - 2-3" Caliper - Red Oak, Live Oak, Cedar Elm, Willow,
Bald Cypress.
Shade Trees (100)
ll. Ornamental Trees - 8' average height - Redbud, Wild Plum, Dogwood,
Crape Myrtle, Yaup~n Holly.
Ornamental Trees {60)
12. Bridge - Pedestrian - Double "T" Beam 8' x 60-go' with custom wrought
iron railing, columns and special paving.
13. Clean-up and Clearing - Removal of dead materials, clean-up of existing
vegitation - area is planned to be left in a native natural state.
14. Erosion Control - Along creek areas.
15. Appearance Grading - Fill in rough areas, remove trash, smooth mounds,
fine grading.
16. Electrical and Water - Provide electrical service and potable water to
the shelter.
17. Excavation of the proposed swale is not included as part of the park area
expense.
The total value of the park improvements has been estimated at $275,000 to $300,000.
Lincoln Property Company will limit its cost of the improvements to a maximum of
$300,000. However, all of the improvements listed above are subject to the approval
of the Cor~s of EnGineers and F.E.M.A.
SECTION 2. That all ordinances of the City in conflict with the provisions
of this ordinance be, and the same are hereby, repealed and all other ordinances
of the City not in conflict with the provisions of this ordinance shall remain in
full force and effect.
SECTION 3. That the above described property shall be used only in the
manner and for the purposes provided for in the Comprehensive Zoning Ordinance
of the City, as amended herein by the granting of this zoning classification.
SECTION 4. That should any paragraph, sentence, 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
invalid, illegal or unconstitutional and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 5. 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, as heretofore
amended, and upon conviction shah be punished by fine not to exceed the sum
of One Thousand Dollars ($1,000.00) for each offense, and that each day such
violation shall continue to exist shall constitute a separate offense.
SECTION 6. It is necessary to give the property described herein the
above mentioned zoning classification in order to permit its proper development
and in order to protect the public interest, comfort and general welfare of the
City. Therefore, this ordinance shall take effect immediately from and after its
passage and publication of its caption, as the law in such cases provides.
DILLY PASS~.D by the City Council of the City of Coppell, Texas, this
the ~ day of ~.~/ , 1985.
APPROVED:
~YOR /
ATTEST:
APPROVED AS TO FORM: - - it-//,~iTY~SECRETARY
CZ85-0527