Loading...
CC approval of ORD 8/8/89Rev. 4-24-89 AGENDA REQUEST FORM CITY COUNCIL MEETING Auqust 8.1989 ITEM CAPTION: To consider an ordinance for Case #ZC-519 to change the zoning designation from PD-Retail, Planned Development to SF-9 Single Family, on a parcel of land located at the Northwest corner of and authorizing the Mayor to sign. SUBMITTED BY: ,,,' ~Director~ ~ gi~n~tu~''' EVALUATION OF ITEM: Bethel School Road & PlantatiQn Drive, Planning & Zoning Coord. OTHER REP.: L.arry Jacksonf City Attorney DATE: £ Date of Planning and Zoning Meeting: 5/18/89 Decision of Planning and Zoning Commission: Approved (5-0) Date of City Council Meeting: 6/13/89 Decision of City Council: Approval 7-0 with variances as requested Please see attached site plan and City Council minutes for further details. BUDGET AMT.: COMMENTS: AMT. ESTIMATED: AMT. +/- BUDGET: FINANCIAL REVIEW BY: LEGAL REVIEW BY: AGENDA REQ FORM 0588D$ REVIEWED BY.CH: AN ORDINANCE OF THE CITY OF COPPELL, TEXAS OI OINASC 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 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, which is on application of Centex Real Estate Corp., No. CZ-519, 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: "SF-9" Single Family Dwelling District Classification. Said property being described as follows: BEING a tract of land in the City of Coppell, Texas, and described in Exhibit "1" attached hereto. Said property also shown on th site plan attached hereto as Exhibit "2". 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 cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the __ day of , 1989. APPROVED AS TO FORM: / CITY AT~RNEY CZ89-0728 ZC-519 APPROVED: MAYOR/) ~ ATTEST: SIIADOW RIDGE ESTATES. FOURTH INCREMENT City of Coppell, Texas LEGAL DESCRIPTION Being a 2.500 acre tract of land situated in the City of Coppcll, Dallas County, Texas, being out of the E.A. Crow Survey, Abstract No. 301, and being a portion of that .crt'lain tract of land conveyed to Frank Graham, Trustee by Deed recorded in Volume 83221, l~age 4138 of the Deed Records of Dallas County, Texas, .raid 2.500 acre tract of land being more particularly described as follows: BEGINNING at a point in the east right-of-way line' of Harris Drive (a 50 foot R.O.W.) said point being the southwest comer of Lot 40 Block D of Shadow Ridge Estates Fi.rat Increment as recorded in Volume 84110 Page 6743 of the Deed Records of Dallas County, Texas. THENCE along thc south lines of Lots 40, 41, 42 and 43, South 86° 12' 23" East a distance of 378.83 feet to a point in the west right-of-way line of Plantation Drive, said point being on the arc of a curve to the left whose center bears North 80~ 48' 26" East a distance of 445.000 feet, having a' central angle of 18° 39' 41" and a tangent length of 73.12 feet; I]-t. ENCE along the west right-of-way line of Plantation Drive along said curve a length of 144.94 feet to the point of tangency of said curve; THENCE South 27° 51' 15" East a distance of 5.57 feet to a point at the intersection of the West R.O.W. of Plantation Drive and the North R.O.w. of Bethel School Road; THENCE along the North R.O.W. line of Bethel School Road (a proposed 60 foot R.O.W.), South 6? 08' 45" west a distance of 480.71 feet to a point at the intersection of the North R.O.W. line of Bethel School Road and the East R.O.W. line of said Harris Drive; THENCE along the East R.O.W. linc of Hams Drive North 00° 12' 30" West a distance of 391.42 feet to the point of beginning and containing 2.500 acres (108,900 sq, ft.) of land, more or less. EXHIBIT wi" AUXILIARY PARKIHO LOCATION MAP 9 LOTS FOURTH INCREMENT ~ FIADOW T~l D FEBRUARY. 1989 z_C,- 519 ~0,1]~¥1~ dlecua~lon on this lten~ Councilman Snorher-.on ~ved t~c Ovdlnance 59-~39 establlahln8 the D~T Educaglon Co~ttet be approved and that the aforementioned citizens be appointed to this C~tttee and au~ortze the ~or to st~, Co~ct~n Co~n seconded the motion; ~tlon carried 7-0 w/th ~yor Pro Tem ~tlkerson, Counct~en ~s, Horton, S~oChe~on, Co~n, Rober~son ~nd ~elson vo~taS ~ favor of the motion. Item 10: Presentation and briefing by DART representative(s) on DART Transit System Plan. DART representatives Julius Graw, Publt~ Information Officer, and Tom Ryden, Director of Transportation, gave the presentation to the Council. Hr. Graw stated that the DART Board has'a proposed a seven (7) year plan which includes light rat1 transit starter lines, 2005 expansion considerations, high occupancy vehicle (HOV) lanes, and co~muter rail which viii serve member cities. Options being discussed for outlying areas include monorail, small buses, guided trolleys, people movers and Dartsbout buses. The Dartabout buses are availabls twenty-four (24) hours a day with requirements for request for ridership being advance call twenty-four (24) hours prior to requested pickup tts~. These buses v/Il pickup and deliver citizens to transit system stops. Those transit system stops in this area are located in Carrollton and Las Colinas. If the vote to withdraw from the DART system is approved by the voters the DART program is required, by lay, to cease services at midnight on the day that election results are canvassed. No action was required on this item. Item 11: Presentation and consideration of a resolution expressing the concerns and opposition of /ts citizens to a proposed landfill lying within the City of Carrollton, but near and adjacent to the Northeast boundary of the City of Coppe11 and that the City of Carrollton consider al! environmental, economic, and potential traffic impact upon the citizens of Coppell and authorizing the Mayor to sign. Following discussion on this item, Councilman Morton moved to approve Resolution 061389.1 expressing concern and opposing the requested landfill lying within the City of Carrollton, but near and adjacent to the Northeast boundary of the City of Coppell and the Mayor be authorized to sign. Councilman Nelson seconded the motion; motion carried 7-0 with Hayor Pro Tam Wilkerson, Councilmen Thomas, Norton, Smothermon, Cotanan, Robercson and Nelson votlng in favor of the motion. Item 12: PUBLIC HEARING to consider a zoning change request from (PD-R) Planned Development-Retail to (SF-9) Single Family-9, Case ~ZC-§19 located at the north-vest corner of Bethel School Road and Plantation Drive at the request of Centex Real Estate Corporation. Date of P&Z Meeting: P&Z Decision: 5-18-89 Approved (5-0) v/th variances as subm/tted. Planning and Zontn8 Coordinator Taryon Bo~mam made the presentation to the Council. Ns. Boy,an indicated that a petition trlth 173 signatures had been provided to the Plmming ~mi Zomtm~ Co~tssion tm ~ppor~ of ~ ,..:;;%:~:: rec~nded ~pproval of the zo~ c~e ~th the foll~ va~c~: ~:~ , .., ~ . . ~*~,~; ~ ~'~ 1. The width of the lots shall not be less than sixty-seven (67) feet at the front street building line. 2. The side yard setback on Lot 44 adjacent to Plantation Drive, not be less than fifteen (15) feet. 3. The side yard setback on Lot 52 adjacent to Bethel $chool Road, not be less than fifteen (15) feet. The fourth variance, requesting spacing between the end of line cleanout and nanhole on the sanitary sewer line be 250 feet, was not recomended for approval by the Planning and Zoning Co~mission. Mr. Steve Stolte, Land Development Project Manager/Centex Real Estate Corporation, also spoke to the Council and stated that the developer vi11 be escrowing funds with the City for the lnprovements to Bethel School Road. Hayor Wolfe then declared the public hearing open and asked for those persons wishing to speak in favor of the proposed zoning change. Those persons speaking were Mrs. Barbara Bailey~ 233 Steamboat. Mayor Wolfe then asked for those persons who wished to speak against the proposed zoning change. There were none. The public hearing was then declared closed. Following discussion on this item Councilman Robertson moved that the zoning change be approved as requested including the four (4) above stated variances. Council~an Morton seconded the motion; mot/on carried 7-0 with Hayor Pro Tem Wilk~rson~ CounciLmen Thomas, Morton, Snothermon, Cowman, Robertson and Nelson voting ~n favor of the notion. Item 13: Consideration of a preliminary plat for the Shadovridge Estates Addition, Fourth Increment located at the northwest corner of Bethel School Road and Plantation Drive at the request of Centex Real Estate Corporation. Date of P&Z Meeting: P&Z Decision: 5-18-89 Approved (5-0) with variances as submitted. Planning and Zoning Coordinator Taryon Bowman made the presentation to the Council on this item. Ms. Bowman stated that the Planning and Zoning Commission's reco~endation is to approve this item with the following variances: 1. The width of the lots shall not be less than sixty-seven (67) feet at the front street building line. 2. The side yard setback on Lot 44 adjacent to Plantation Drive not be less than fifteen (15) feet. 3. The side yard setback on Lot 52 adjacent to Bethel School Road, not be less than fifteen (15) feet. The spacing between the end of line cle~nout and manhole on the s~nitary sewer line be 250 feet. Following discussion on this item, Councils~n Morton ~oved to approve the p~eli~inary plat alon~ with the f~r (~) vari~es as indicted able. Counci~an S~the~n seco~ed the ~tion; ~tion carried 7-0 ~th ~yor Pro T~ ~ilkerson, Counci~en ~ Norton~ S~the~n, ~ v~e~. ~.~ N~no. vottn~ in fnvor of the ~tion.