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PD106-AG 890808Rev. 4-24-89 AGENDA REQUEST FORM CITY WITH A ~~u,,F~u,u~ CITY COUNCIL MEETII~G Auqust 8, 1989 ITEM CAPTION: To consider an ordinance for Case 9PD-106 to change the zoning designation ~F-9) Two Family Residential to ~D-SF-12) Planned Development Single Family to allow development for si~igle family homes, located east of Denton Tap Road & South of H'~n Valle~ D~ive a~ authorizing the Mayor to sign.  / OTHER REP.: EVALUATION OF ITE~,: Date of Planning and Zoning Meeting: 8-18-88 Decision of Planning and Zoning Commission: Approved Date of City Council Meeting: 9-13-88 Taryon Pgster Bowman. Planning & Zoning Coord. Larry Jacksonr City AttoJcn Decision of City Council: Approved (7-0) with stipulations 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: 'XC . A 0588DS REVIEWED BY CM: AH ORDINANCE OF THE CITY Ol~ COPPELL, TEXAS ORDIlqANCE 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 David Phillips, bio. PD-106, 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 and SF12" 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 "1" with conditions and variances shown on the plan. 2. Houses constructed on lots designated SF9 shall be a minimum of 1800 square feet. Otherwise, property regulated by the development requirements of the existing SF9 and SF12 regulations in accordinance with the property designation shown on the plan. Said property being described as follows: BEING a tract of land described on 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 cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ~-~,~ , 1989. APPROVED: APPKOVED AS TO FORM: ? CZ89-0728 PD-106 MAYO/~' ATTEST: ~ ~Tg-8~CRETARY ,I I  SANDY OAK LANE ~ :om ~.~ --"~ --'I .... ~.. x ~ ~.~o 01 ~ =o ~ r. % , ~ ~ ~ ..~ ..- . ~ . , ~"~ ( x~ '"~ / ~ ~' ~,~ / sect~. Ilo/dins of a pUBLIC HEARINC Co consider approval of a zoninS change, Case fPD-I06 from (11~-9) tO · Pl~nod~ east 0~' Develo~Umnt :i~o~ ¢sff-ll) :~ (SF-9)! located Denton Tap Road and"South Hidden Valley Drive at the request of Hr. David Phillips. Date of P&Z ~eeting:' August 18, 1988 Decision of P&Z Commission: Approved (&-2) Planning and Zoning Coordinator Taryon Bowman made the presentation to the Council. Applicant David Phillips also addressed the Council. ~ayor Duggan opened the public bearing and asked for tbose per~ons wishing to speak in favor of the proposed zoninl change. Speakin~ in favor vas Dale ~are. ~ayor Duggan then asked for tbose persons ~ishing to speak against the proposed zoning change. Tbere were none. Hayor Duggan tben declared the public hearin~ closed. ¥olloving furtber discussion Councilman Pettijohn W~v. sd'to *pp~e~~temim~~~i~ ~~from Planned Development for (SF-12) and (SF-9) vith varianc~s, located east of Denton Tap Road and south of Hidden Valley Drive ac the request of Hr. David Phillips. Councilman Horton seconded the motion. Followiu~ further discussion Hayor Pro Tem ~ilkerson ~vod to ~n! ~!h~;~.~t~. to provide_ Development zoning t~ ~r,'~iP8 ~UZXd f~t h~ on ,~h; A~;~,~ Counci~man ~o~fe seconded the amended mocion~ % Hotion co approve Councilman PettiJohn'o motion ~ith variances and the amended ms,ion; Mtton carr&~-O vtth Hayor Pro ~mOCbe~on, Tam ~ilkerson, Couflcilmen Horton;" ~ .... ~o~an, ~o!fe and ~elso- voting ~.~a~:~~ Item ~olding of a PUBLIC HEARING to consider approval cf a zoning change, Case ~S-1036, from (A) Agricultural to (HI) Heavy Industrial to alloy for the continued use of au existint concrete batch plant at the request of Gi£ford-Hill Company. Date of P&Z ~eeting: August 18, 1988 Decision of P&Z Commission: Denied (i-l) (3/a majority vote by the City Council is required for approval) EXECUTIVE SESSION: A. Article 6252-17, Senate Concurrent Resolution ~umber 83. 1. Discussion with City Attorney concerning matter involving privileged communication between Attorney and client. ~ayor Duggan declared the public session closed on Tuesday, September 13, 1988 for an Executive Session as allowed under the above recited article. The Council convened into Executive Session at 11:17 p.m. ~ayor Duggan adjourned the Executive Session at 11:22 p.m. on Tuesday September 13, 1988 an~ opened the public session, Planning and Zoning Coordinator Taryon Bowman made ~he presentation to the Council. Jim Cook, Vice-President and Ganeral Hanager of the Concrete Division, Gilford-Hill & Company, Inc., was also