Loading...
PD105-AG 890808Rev. 4-24-89 ~~,,a'---- AGENDA REQUEST FORM ~aq~~;:~'~''~;:w~'~',~; c~ co~c~. ~.~.G Auqust 8, 1989 '~ ~ .0. 2 d. ITEM CAPTION: To consider an ordinance for Case #PD-105 to change the zonzng designation from (SF-9)to (PD-SF -9), Planned Development, Single Family, on a parcel of land located at the Southeast corner of Parkway Blvd, & Samuel B1vd.~nd authorizing the Mayor to sign. A /119~~,,,. - · ~- O ~ i $1JBMI~TED BY: STAFF RE~o: Tar¥on Pastor Bowma.n,,., Planning & goning Qoordinator OTHER REP.: T.arr¥ Jackson ~ City Attor_ne5 EVALUATION OF ITEM: DATE: · Date of Planning and Zoning Meeting: 12-17-87 Decision of Planning and Zoning Commission: Approval (7-0) with stipulations Date of City Council Meeting: 1-12-88 Decision of City Council: Approval (7-0) with stipulations Please see attached site plan and City Council minutes for further details. BUDGET AMT.: AMT. ESTIMATED: AMT. +/- BUDGET: COMMENTS: FINANCIAL REVIEW BY: LEGAL REVIEW BY: ~ ;~,~JJ/~~ ~' REVIEWED BY CM: i , , , AGENDA REQ FORM 0588DS '/ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS 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 Meadow Glen Properties, No. PD-105, 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. Property regulated by the development requirements set out in Exhibit "3" 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 shah 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, subd!vision, 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: MAYOR~ ATTEST: ~ APPROVED AS TO FORM: CZ89-0730 PD-105 BOUNDARY DESCRIPTION FOR ("PD-IO§") MEADOWS-SECTION SIX ~EING a tract of land situated in the City of Coppell, Dallas County, Texas; and being ~art of the Patience Piles Survey, Abstract Number 1137; and being part of thc! tract of land conveyed to Glen A. Hinckley by Deed recorded in Volume 85022, Page 0678, Deed lecords, Dallas County, Texas, and being part of a tract of land conveyed to Meadowglen Properties by Deed recorded in Volume 79069, Page 2703, Deed Records, Dallas County, Texas; and being more particularly described as follows: BEGINNING at a point for corner, said point being the intersection of the East line of Samuel Boulevard (variable width Right-of-Way, 60 foot wide at this location) and the South line of Parkway Boulevard (variable width Right-of-Way, 70 foot wide at this location); ]"HENCE North 88°43'55'' East along the South line of said Parkway Boulevard a distance of 986.07 feet to a point for corner, said point being the intersection of the South line of said Parkway Boulevard with the West line of Meadow Run (50 foot wide Right-of-Way); ~'HENCE South 01°42'44'' East along the West line of said Meadow Run a distance of 440.82 feet to a point for corner, said point being the beginning of a curve to the left whose :hord bears South 14°36'21'' East; tq~ENCE Southerly continuing along the West line of said Meadow Run and said curve to the left having a central angle of 25°47'13TM, a radius of 538.30 feet, and an arc length of 242.27 feet to the end of said curve to the left; THENCE South 27029'56'' East continuing along the West line of said Meadow Run a distance · =f 2.81 feet to a point for corner, said point being the intersection of the West line of said Meadow Run with the North line of Woodmoor Drive (50 foot wide Right-of-Way); THENCE South 62030'03'' West along the North line of said Woodmoor Drive a distance of !01.54 feet to a point for corner said point being the beginning of a curve to the left whose chord bears South 61°04'44'' West; YH. ENCE Southwesterly continuing along the North line of said Woodmoor Drive and said curve to the left having a central angle of 02°50'39'', a radius of 775.00 feet, and an arc length of 38.47 feet to the end of said curve to the left; I"HENCE South 27°29'57'' East a distance of 50.07 feet to a poir~t for corner, said point being in the South line of said Woodmoor Drive, and said point being the beginning of a curve to the right whose chord bears North 60°58'50'' East; THENCE Northeasterly along the South line of said Woodmoor Drive and said curve to the right having a central angle of 03°02'26'', a radius of 725.00 feet, and an arc length of 38.47 feet to the end of said curve to the right; THENCE North 6£°30'03'' East continuing along the South line of said Woodmoor Drive a /istance of 10t.54 feet to a point fcr corner, said point being the intersection of the South line of said Woodmoor Drive with the West line cf said Meadow Run; ¥.J~HIBIT ?HE:<CE South 27"29'5-",' East. along the West line of said Meadow Run a distance of 120.00 feet to a point for corner, said point being in the North line of Meadows - Section One an addition to the City of Coppell, as recorded in Volume 79246, Page 3232, Deed Records, Dallas Count)', Texas; THENCE South 62°30'03" West along the North line of said Meadows - Section One a distance of 139.59 feet to a point for corner, said point being the beginning of a curve to the left whose chord bears South 48°07'03'' West; THEI~CE Southwesterly along the North line of said Meadows - Section One and said curve to the ]eft having a central angle of 28°45'59'', a radius of 315.00 feet, and an arc length ~-~ 1~8.15 feet to the end of said curv~ to the ]eft; FHENCE North 56°15'56'' West a distance of 45.65 feet to a point for corner; tHENCE North 29057'20" West a distance of 119.60 feet to a point for corner, said point ~eing the beginning of a curve to the right whose chord bears South 7~2~'18'' West; FHENCE Southerly along said curve to the right having a central angle of 28°41'15'', a ~adius of 350.OO feet, and an arc length of ~75.~ feet to the end of said curve to the ~ight; ?HENCE South 88~43'55'' West a distance of 618.55 feet to a point for corner, said point ,eing in the East line of said Samuel Boulevard; 'HENCE North 01°29'00'' West along the East line of said Samuel Boulevard a distance of '65.O2feet to a .point for corner; HENCE North 88°36'00'' East continuing along the East line of said Samuel Boulevard a istance of 7.50 feet to a point for corner; HENCE North 01°29'00'' West continuing along the East line of said Samuel Boulevard a istance of 139.97 feet to the POINT OF BEGINNING and containing gl.lO9 acres of land, pre or less. -., --.. MEADOWS SECTION 6 "PD-SF-9" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS Use ReBulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in District "SF-18", "SF-12", Section 29.6 City of Coppell, Zoning Ordinance. 2. Such uses as may be permitted under the provisions of Specific Use Permits in the SF-18, SF-12 districts. Height Regulations: No building shall exceed thirty-five (35) feet or two and one-half (2½) stories in height. Lots 18, 19, 20, and 21 Block A shall be restricted to one story in height unless the grade difference between the rear foundation elevations of said lots and existing Lots 15, 16, and 17 Block A is reasonably reduced. Area Regulations: 1. Size of Yards: (a) Front Yard: There shall be a front yard having a depth of not less than thirty (30) feet. No required parking shall be allowed within the required front yard. (b) Side Yard: There shall be a side yard on each side of the lot having a width of not less than eight (8) feet. A side yard adjacent to a side street shall not be less than fifteen (15) feet. No side yard for allowable non-residential uses shall be less than twenty-five (25) feet. (c) Rear Yard: There shall be a rear yard having a depth of not less than twenty (20) feet. 2. Size of Lot: (a) Lot Area: 41 Lots 9,000 S.F., 37 Lots 8,500 S.F. (b) Lot Width: The width of the lot shall be not less than sixty-eight (68) feet at the front street building line. (c) Lot Depth: The average depth of the lot shall not be less than one hundred (100) feet. 3. Minimum Dwellin~ Size: The minimum floor area of any dwelling shall be sixteen hundred (1600) square feet, exclusive of garages, breezeways and porches. Provided however, during the first three (3) years from the beginning of construction of a phase of development the house size shall be seventeen hundred and fifty (1750) square feet. If at the end of the three year period, 50% of the lots have not been developed or 50% of the houses not sold this restriction shall terminate and the minimum dwelling size shall revert back to sixteen hundred (1600) square feet. An individual builder may request a variance or special use permit to build less than a seventeen hundred and fifty (1750) square foot residence during the first three (3) years, on a case by case basis. 4. Lot Coverage: In no case shall more than forty (40) percent of the total lot area be covered by the combined ar~a of tl,~ main bu~'~ - and accessory buildings. Parking Regulations: Two (2) enclosed parking spaces per unit~behind the front yard line. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 30. T~pe of Exterior Construction: As allowed in SF-9 Single Family District. Chimneys: Ail chimney areas visible and outside the structure shall be e--nclose~ using masonry or brick veneer construction. Planning and Zoning Co-ordinator Taryon Bowman made the presentation to the Council. She stated that the rendering was a condition for approval of the previous zoning case; therefore, any changes made to this rendering constitutes a new zoning change. Mr. Alan Goldberg and Mr. Pat Donovan representing the applicant also spoke to the Council. Mr. Goldberg stated that the bri£k would be identical to that used in the shopping center. Mayor Duggan then declared the public hearing open and asked for those persons who wished to speak against the proposed zoning change. There were none. He then asked for those persons who wished to speak for the proposed zoning change. Again, there were none. The public hearing was declared closed. During discussion by the Council, concern was expressed about bricking the columns in the car wash. Following further discussion Councilman Wolfe moved that the zoning change be approved subject to the columns on the car wash being bricked and a rendering being attached as a part of the zoning ordinance. Councilman Cowman seconded the motion which is recorded as a 6-1 vote with Mayor Pro Tem Stanton, Councilmen Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Councilman Pettijohn abstaining from the motion, with no conflict of interest being indicated, and Councilman Wilkerson voting against the motion. Councilman Pettijohn's abstention is recorded as an affirmative vote as stated under Section 3.11 (B) of the Coppell Home Rule Charter. The motion passed with si× (6) votes being required to overturn recommended denial by the Planning and Zoning Commission. Item 6: Consider approval of a zoning change, Case ~PD-105, from (SF-9) Single Family-9, to (PD)(SF-9) Planned Development Single Family-9, on property located at the southeast corner of Parkway Boulevard and Samuel Boulevard at the request of Meadowglen Properties. Date of Planning and Zoning Meeting: - December 17, 1987 Decision of Planning and Zoning - Approval (7-0) (WITH STIPULATIONS) Planning and Zoning Co-ordinator Tarvon Bowman made the presentation to the Council. She stated that seven (7) responses had been received, two (2) in favor and five (5) against this proposed zoning change. Mr. Glen Hinkley representing the applicant also made a presentation to the Council. Mayor Duggan declared the public hearing open and asked for those persons who wished to speak against the proposed zoning change. There were none. He then asked for those persons who wished to speak in favor of the proposed zoning change. Those persons speaking were Mr. Terry Hoffman, representing the Homeowners Association. The public hearing was then declared closed. Planning and Zoning Co-ordinator Taryon Bowman stated that an additional request for variance had been received on this item and is recommended. This variance concerns the percentage of lot coverage. Following discussion on this item Councilman Morton moved that this zoning change be approved with the developer agreeing to deed restrict all lots in the development as follows: 1. During the first three (3) years the minimum dwelling size shall be 1750 square feet. 2. At the end of the three (3) year period if 50% of the lots have not been developed or 50% of the houses have not been sold, the minimum dwelling size shall be 1600 square feet. 3. During the first three (3) year period a builder may apply to the Homeowners Association to construct less than a 1750 square foot home. If such a request ia first approved by the Homeowners Association and the Coppell Board of Adjustments such builder may build in accordance with such approval without being in violation of the minimum 1750 square foot condition of this deed restriction. The Coppell Board of Adjustments will not be requested to consider such matters until after an applicant has obtained approval by the Homeowners Association. Councilman Wolfe seconded the motion which carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. PLATTING Item 7: Consider approval of a final plat for St. Ann's Catholic Church, located approximately 600 feet north from the northeast corner of Sandy Lake Road and Samuel Boulevard, at the request of the Roman Catholic Diocese of Dallas. Date of Planning and Zoning Meeting - December 17, 1987 Decision of Planning and Zoning - Approval (6-0) With the provision that the funds for the building of the sidewalk be escrowed. Planning and Zoning Co-ordinator Taryon Bowman also made this presentation to the Council. She stated that the request is for a Church and a multi-purpose building. The cost of the sidewalk, approximately $4,000 dollars, has been recommended to be escrowed. Kevin Peiffer representing City Engineer Wayne Ginn's office stated that it is their recommendation that the sidewalks not be built at this time due to the possibility of it being torn up when the construction of Samuel Boulevard is undertaken. The applicant is requesting that a Letter of Credit be filed with the City as opposed to the money being escrowed. Following discussion by the Council, Mayor Pro Tem Stanton moved that this plat be approved with the stipulation that a Letter of Good Faith Credit be filed with the City for the construction of the cost of the sidewalk. Councilman Wolfe seconded; motion carried unanimouslv with Mayor Pro Tem Stanton, Councilmen Wilkerson, PettiJohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 8: Consider approval of a final plat for Gateway Park at Coppell Addition, located at the southeast corner of Beltline Road and Southwestern Boulevard. Date of Planning and Zoning Meeting - December 17, 1987 Decision of Planning and Zoning - Approval (5-0-1) (WITH STIPULATIONS) . Planning and Zoning Co-ordinator Taryon Bowman made the presentation to the Council. Also present to discuss this item was Mr. Ted Searcy representing the applicant. Due to legal questions that arose among the Council during discussion on this item, Mayor Duggan declared an Executive Session at 9:05 p.m. on Tuesday, January 12, 1988 as poste~ and allowed under Article 6252-17 Senate Concurrent Resolution Number 83, discussion with City Attorney concerning matter involving privileged communications between Attorney and client. Following this portion of the Executive Session, Mavor Duggan declared the Executive Session adjourned at and p.m. the meeting Following open to the public on on Tuesday, January 12, 1988 q:15 further discussion this item Councilman Wolfe moved that the plat be approved with the following stipulations: 1. The present extension of Bullock Drive to line-up with Howell Drive and abandon the Bullock extension as sho~m on the plat. 2. Southwestern right-of-way become one-way westbound from Denton Tap to Dairy Queen entrance.