CC approval of ORD to SF-12Rev. 4-24-89
~~u,.F.~,,.~,u~ CITY COUNCIL GETING Auqust 8, 1989 ITEM NO. ~.~
iTEM CAPTION:
To consider/~n ~ r~'~i~e for Case #ZC-518 to change the zoning designation from
(r) Retail po (~SF-7y~ingle Family, on a parcel of land located at the Southwest
corner of ~pell ~ndly La~eJRoad and authorizing the Mayor to sign
SUBMITTED B.: STAFF REP.': -Ta~on_~Paster Bowman '~
~D~rec~or~ ~t~at~) Planning & Zoning C0'6-~di~a~-f--
/// ' / OTHE~ ~EP.: Larry Jackson, City Attorne'
EVALUATION OF ~Tk~: DATE: -
Date of Plannin~ and Zoning Meeting: 2-16-89
Decision of Planning and Zoning Commission: Approval
Date of City C~uncil Meeting: 3-14-89
Decision of City Council: Approval to change zoing to SF-12 (7-0)
Please see attached site plan and City Council minutes for further details.
BUDGET AMT.: AMT. ESTIMATED: AMT. +/- BUDGET:
CO~.3~E~.TS: FINANCIAL
oxon ^ c .
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.
WI/EREAS~ 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 Thomas
and Katherine MeHale, No. CZ-518, 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-12" 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 sueh cases provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
day of ~]~~ , 1989.
APPROVED:
MAYOR
ATTEST:
~~ ~Vt~D AS TO
FIELD NOTES
BEING a tract o! land situated in the T.L. Holland Survey, Abstract No. 624, and the John Vest Survey,
Abstract No. ~ 508, and being a part of a 58.57 acre tract conveyed to Thomas A. McHale, by deed
recorded in Volume 76195, Page 1764, of the Deed Records of Dallu County, Texas, and being more
particularly described as follows:
BEGINNING at a railroad spike found f<~f corner, said point being the intersection of the centerline of
Thweat Road (variable width R.O.W.) arfd the centedine o! Coppell Road (variable width R.O.W.), said
point also being located on the south line of the Holland Survey and the north line of the Vest Survey;
THENCE, South 00' 47' 50' East, with the centerline of Coppell Road, the east line of the Vest Survey,
and the west line of the J.W. Anderson Survey, Abstract no. 18, a distance of 182.01 feet to a point for
corner,
THENCE, South 89' 55' 22' West, a distance of 828.30 feet to a point for corner, said point being
located in the centerline of Cottonwood Creek;
THENCE, along said cented/i~of Cottonwood Creek, the following courses and distances;
/
North 36' 27' 3~.f East, a distance of 20.81 feet;
North 52' 17' 5~;'-East, a distance of 159.28 feet;
North 00' 14' 50' West, a distance of 66.00 feet;,
North 17' 45' 11 ' East, a distance of 88.50 teat;
North 37' 46' 11 ' East, a distance o~ 99.20 feet;
North 63' 25' 43' East, a distance o{ 77.26 feet;
North 06' 19' 40" Easel a distance of 130.84 feet;
THENCE, North 35' 27' 56' East, continuing wi~h said centerline of Cottonwood Creek, a distance of
90.37 feet to the centerline of Thweat Road, a point for comer;,
THENCE, South 49' 22' 50' East, with the centerline of Thweat Road, a distance of 611.25 feet to the
POINT OF BEGINNING, containing 269,599 square feet or 6.1891 acres of land.
BXItlBIT
Item 13: Holding of a PUBLIC HEARING to consider approval of a zoning change,
Case ~ZC-518 from (R) Retail to (SF-7) Sin$1e Family-? for single
family development at the southwest corner of Coppell Road and Sandy
Lake Road.
Date of P&Z Meeting: February 16, 1989
Decision of P&Z Commission: Approved (6-0) for
SF-7 zoning.
Mr. Nathan Maler, representing the applicant was present to discuss this item
with the Council. He stated that this item is being brought forward as a
stipulation by the Plannin$ and Zoning Commission for approval of the property
indicated i[~ Item No. 11 of this agenda. Mayor Duggan declared the public
hearing open and asked for those persons who wished to speak against the
proposed zoning change. There were none. Mayor Duggan then asked for those
persons who speak in favor of the proposed zoning change. Those persons
speaking were Dr. Melvin Cross. The public hearin~ vas then declared closed.
Following discussion on this item Councihnan Morton moved that the zoning change
request be approved to S~-12. Councilman Co~nnan seconded the motion; motion
carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen PettiJohn, Norton,
£mothermon, Cowman, Wolfe, and Nelson voting in favor of the motion.
Item 14: Holding of a PUBLIC HEARING to consider approval of a zoning change,
Case tS-1038 at 928 Bel~ltne Road and also to consider and approve the
v~iving of filing fees. The present zoning is for a special use
permit for s convenience store and tasoline station. The new zoning
would add a special use permit for a restaurant.
~ate of P&Z Heating: February 16, 1989
Decision of P&Z Connnis~iou: Approved (6-0) to
include the previously
approved convenience
store and gasoline
station, as well as the
requested restaurant;
and with the condition
that there be no drive-up
~indow.
City Manager Alan D. Ratliff spoke on this item. He indicated that at the time
of the original SUP zoning staff vas not aware that the facility had a
pre-existing condition and that applicant had intended to prepare food on site.
In order to not create a hardship on the applicant, it is the recommendation of
the Council that additional fees for this SUP be waived aa a part of the
request. Mr. All Bumgardner and Hr. Bill Slaflovnik were also present to discuss
this item with the Council. Hayor Duggan then declared the public hearing open
and asked for thoee persons who wished to speak against the proposed zoning
change. There were none. Hayor Duggan then asked for those persons who wished
to speak in favor of the proposed ~oning chanseo Again, there were none. The
public hearing was declared closed. Following discussion by the Council,
Councilman ~olfe moved that the zoning chan~e be approved as requested with the
condition that no drive-up window be installed and that the fees to the
applicant for the zoning request be waived. Councilman Co,haan seconded the
motion; motion carried 7-0 with ~ayor Pro Tam ~ilkerson, Councilmen PettiJohn,
Morton, Smothermon, Co, an, Wolfe, and Nelson voting in favor of the motion.
Item 1SA: Discussion and consideration of approval and adoption of amendment to
the Subdivision Ordinance of the City of Coppell, Section XVI, "iees"~
%n Floodplain Developmut Fees and authorizin$ the Nayor to sign.
City Engineer Russell Doyle made the presentation to the Council on this item.
He indicated to the Council that this is a pass through charge which will be
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