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PD100-AG 890808Rev. 4-24-89 AGENDA REQUEST FORM ITEM CAPTION: To consider an ordinance for Case 9 ZC- 516 to change the zoning designation form (R) Retail to (PD-SF-9) Planned Development, Single Family, on a parcel of land located 190 feet south of the southeast corner of Coppell ,~oad & Sandy Lake Road, and authorizing the Mayor to sign. -.-. ,~ _ SUBMITTED BY:~//~~/ STAFF RE,,: Tar o~n P~ster Bowman, ' ~ (Direc~frfF~i~a~Fe) Plannin~ & Zoning Coordinator ~/ / OTHER REP.: Larry Ja.q~Qn. City EVALUATION OF ITE~,: DAT~: · Date of Planning and Zoning Meeting: 1-19-89 Decision of Planning and Zoning Commission: Approved with stipulations Date of City Council Meeting: 3-14-89 Decision of City Council: Approved with stipulations (7-0) Please see attached site plan and City Council minutes for further details. BUDGET AMT.: COMMENTS: AMT. ESTIMATED: AMT. +/- BUDGET: FINANCIAL REVIEW BY: LEGAL REVIEW AGENDA REQ FdP~ 0588DS REVIEWED BY CM: AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 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 eomplianee 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, which is on application of Thomas and Katherine McHale, No. ZC-516, 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 Coppell, to give the hereinafter described property a new zoning district classification, to-wit: "PD-SF9 Planned Development District Classification. Said Planned Development shall be conditioned upon the following special conditions: 1. Developed in accordance with the Development Plan attached hereto as Exhibit "2" with conditions and variances shown on the plan. 2. Otherwise property to be regulated by the existing SF-9 zoning regulations. Said property being described as follows: BEING a tract of land described in Exhibit "1" attached hereto. 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 shall 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 eases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of /~ ~ I , ~... _ _ ~_~O~ ,-~ 1989. APPROVED AS TO FORM: CZ89-0729 ZC-515 APPROVED: ' MAYOR// · ~TY 6S~CRETARY LEGAL DESCRIP'RON BEING a tract of land situated in the John Vest Survey Abstract No. in the City of Coppsll, Dallas County, Texas; and ~being a part of 1.50.8 - . . :i~ ..... ~ ~- Thomas J Uchale on October 19, 1976 as [he:torc~:~tal~ntr%% c~.;;Y~ec~rds of Dall~s County, Texas; and being more particulaHy described as follows: NING at a point in the centerllne of Coppell Road (Variable width BEGIN · · · comer of the Irby RO ' said GiSt bern the on mai Northeast Adair;on, an aP~dit{on to ~[he C{ty ~ Coppell, as recorded }n Volume Page 165. Desd Records Dallas County, Texas; THENCE South 69 55°22" West, departing sold centerline and along the North line of said Irby Addition, and along the North line of a conveyed to James and Doris Gilchrist as recorded in ~[~r~,ct,,~e 195 PaGe 1895 Deed Records Dallas County, Texas, for a :"'."'~'-'-- -, ~=='~ '~a t~. to a oolnt for comer;, THENCE NOrth 00 04'57" West. del?offing said North line, for a distance of 48.21 ft. to a point for comer in the centerline of Cottonwood Creek for comer;, THENCE S~outh 84 21'57" East, along said centerline, for c distance of 76.16 ft. to a point for comer, and continuing along said centeriine as follows: North 74 46'44" East, for a distance of 144.50 North 61 :}5'2g" East. for a distance of 281.20 ft.; North 24 16'14" East. for a distance of 1D0.50 North 58 02'54" East, for a distance of 175.70 ft.; North 06 40'54" East. for a distance of 9g.10 North 26 5g'57" West, for a distance of 142.60 ft.; North 58 27'54" East, for a distance of 220.48 ft.; THENCE North 89 55'22" East, depa~ng said centerline, for a distance of 850.g0 ft. to a point on the centeriine of said Coppell Road for comer;, THENCE South 00 47'50" East, along said centerline, for a distance of 870.07 ft. to the POINT OF BEGINNING and containing 21.0726 Acres (g17,g21 Sq. Ft.) of land. EXHIBIT "1_" ~ LI ) e .°' g~lVff Item 11: Consider approval of zoning change, Case ~ZC-516 from (R) Retail to (PD-SF-7) which was previously tabled by City Council and is located 190 feet south of the southeast corner of Coppell Road and Sandy Lake Road at the request of Thomas & Katherine NcP~le. Date of P&Z Heating: ' Decision of P&Z Committee: January 19, 1989 Approved (4-0) with the provisions that the remaintn~ Retail Zoned property on the Southwest corner of Sandy Lake Road and Coppell Road be rezoned to PD-SF-7 ales prior to the final platting of this property and that 13 lots on the southern border of the property be restricted to houses with a minimum of 1800 square feet. The public hearing on this item had been held ou Tuesday, February 28, 1989, and at the request of the applicant was tabled to this date for final disposition by the Council. Hr. Nathan Maier, representing the applicant, was present to discuss this item with the Council. Hr. Meier indicated that although the original request was for PD-SF-7 they are now requesting a PD-$F-9 zoning and are willing to restrict the minimum size of the houses to 1,800 square feet. City Attorney Larry Jackson indicated to the Council that it vas within their jurisdiction to grant a zoninl that is moro restrictive than what was origin~]ly requested. Following discussion on this item Councilman Smothermon moved to approve the zoning change request with the following stipulations: 1. The zoning be approved as PD-SF-9 2. The houses be restricted to 1,800 square feet. A variance for the front building line of twenty (20) feet along the creek lots be approved. The minimum lot area be 8,000 square feet. 5. The minimu~ lot width be 66.50 square feet. Councilman Wolfe seconded the motion; motion tarried 7-0 with ~ayor Pro Tam Wilkerson, Councilmen PettiJohn, Herren, Smothermon, Cowman, Wolfe, and Nelson voting in favor of the motion. Item 12: Discussion and consideration of approval of a preliminary plat for Shadow Woods Estates Addition located 190 feet south of the southwest corner of Coppell Road and Sandy I.ske Road. This is a preliminary plat related to previous zoning case denied by City Council on 2-14-89. Date of P&Z Neeting: Decision of P&Z Commission: January 19, 1989 Approved (4-0) with requested variances as noted on plat. Following discussion on this item Councilman Wolfe moved that the preliminary plat for Shadow Woods Estates Addition be approved. Councilman PattiJohn seconded the motion; motion carried 7-0 with Mayor Pro Teu Wilkereou, Councillor PettiJohn, ~orton, Smotheruon, Co~uau, Wolfe, and ~elson voting in favor of the motion. PAGE 4 of 7