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PD119-AG 920310 CONSENT AGENDA AGENDA REQUEST FORM CITY CO~L ~NG March 10, 1992 1~ ~~ ~ f -~ ITEM CAPTION: To consider an ordinance fo~ Case ~PD-119, to change the zoning designation feom (R) Retail and (C) Commercial, to (PD-SF-9) Planned Development Single-Family-9, on a paecel of land located along the west side of Bethel School Road, and approximately 400' north of Bethel Road, and authorizing the Mayor to sign. ~ STAFF REP.: Planning Director, Gary L. Sieb SUBMITTED BY: OTHER REP.' Lawrence Jackson, City Attorney E_-VALUATJ,ON OF ITEM; DATEr Date of P & Z Meeting: September 19, 1991 Decision of P & Z Commission: Approval Date of City Council Meeting: October 8, 1991 Decision of City Council: Approval with conditions Please see attached site plan and Council minutes for further details. A PPRO VED CiTY CoUNCil DATE -- :'~'-~ '~' - BUDGET AMT. N/A AMT. ESTIMA'rEI) AMT +/- BUDGET FINANCIAL REVIEW BY -~ COMMENTS' LEGAL REVIEW BY: REVIEWED BY CM: _/~~ AGE~NDA REQUF~T FO~M RExeq~ED U'91 B) Lindy Thomas, Chairman of the Coppell Historic District Committee, of 503 Parkview Place, stated that the Coppell Historic District Committee is supportive of this park construction. Larry Wheeler, Park Board Chairman, reported that the Park Board feels that this park is a significant project with historical value and that they are in agreement with the proposed project. Mayor Pro Tem Smothermon moved to approve the agreement with Dallas County, which would involve Coppell's release of its present dedication, leasing it back from the County, and executing the necessary documents from the Baptist Foundation to accomplish that. Councilman Cowman seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Q HEARING: Consideration and approval of a zoning change request, PUBLIC Case #PD-119 (Big Cedar Addition), from (SF-9) Single-Family-9, to (PD-SF-9) Planned Development Single-Family-9, on property located along the west side of Bethel School Road and approximately 400' north of Bethel Road, at the request of Matthews S.W. Investments. Planning and Community Services Director Gary Sieb made a presentation to Council. Tim House of 400 Parkview, Coppell, representing Matthews Southwest along with the existing owners Mary Stone Myers and Fred Joyce made a presentation to Council. He stated that a variance is being requested on lots 3-5, reducing the front setback by three feet, a side yard variance on 14 lots and relief from the alley provision on five lots on Harris Drive. Mayor Wolfe declared the Public Hearing open and asked if there were any citizens who wished to speak in favor of or in opposition to the proposed zoning change. Those citizens who wished to speak included: 1) Clay Pearson of 428 Dillard, President of the Hunterwood Homeowners Association stated that he was speaking on behalf of the executive committee of the homeowners association. He related that the committee is in favor of the zoning change, with the exception of the alley access to the five properties on Harris Avenue. 2) Ray McDowell, representing his mother who lives at 239 Harris stated that he is in favor of the zoning change. There being no other persons who wished to speak, the Public Hearing was closed. Following discussion of the potential drainage problems, Staff was asked to look at the easements which might be needed to correct any future problems, working with the applicant to see what impact they would have on any existing trees and what other possible solutions there might be. Councilman Weaver moved to approve the zoning change request, Case ~PD-119 (Big Cedar Addition) from (SF-9) Single-Family-9, to (PD-SF-9) Planned Development Single-Family-9, on property located along the west side of Bethel School Road and approximately 400' north of Bethel Road, at the request of Matthews S.W. Investments with the following conditions: 1) deletion of the alley; 2) developer complete a nature pathway from the end of the access easement to Anderson Park; 3) additional easement for 10' drainage behind lots 16, 17, 18 and 19 of Block A be addressed prior to final plat; 4) that the developer limit the number of exceptions to the side yard setback to 14 lots; 5) an entry monument sign and landscaping be in place; 6) the access easement have a sidewalk and landscaping; 7) a tree survey be provided for the development; and, 8) lots 3 - 5 be allowed a 22 foot front setback. Councilman Robertson seconded the motion. The motion carried 7-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Councilman Morton moved to amend the motion to include the conditions that the entry monument equal or exceed the one for Creekside and that the Harris Road setback be 30' and that there be landscaping and irrigation with two 4~ trees per lot, and with the cost of the nature trail not to exceed $7,500. Mayor Pro Tem Smothermon seconded the motion. The amendment motion carried 6-1 with Mayor Pro Tern Smothermon and Councilmen Thomas, Morton, Cowman,, Robertson and Nelson voting in favor of the motion and Councilman Weaver voting in opposition to the motion. 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 TWO THOUSAND DOLLARS ($2,000.00) 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, and pursuant to the zoning ordinance and zoning map of the city of Coppell, 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 Joyce-Meyers Enterprises, No. PD-119, should be granted and the Comprehensive Zoning Ordinance of the city of Coppell should be amended in the exercise of its legislative discretion. AGG02278 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 property hereinafter described, a new zoning district classification, to wit: "PD-SF-9" Planned Development District Classification governed by the Development Plan attached hereto as Exhibit 1 and the Regulations attached hereto as Exhibit 2. Except as otherwise provided on Exhibit 1 or in the regulations set out in Exhibit 2, the property shall be governed by the regulations of the SF-9 District Regulations. Said property being described as follows: BEING a parcel of land containing 14.301 acres, more or less and a Park Area containing 3.874 acres, more or less, and described by metes and bounds on Exhibit "A" attached hereto and made a part hereof and shown on the Site Plan attached hereto as Exhibit "1" and made a part hereof. SECTION 2. That all parts of any ordinance of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances or parts of 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 of Coppell, 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 Two Thousand Dollars ($2,000.00) 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 1Qt~ day of ~C~ , 1992. APPROVED: MAYOR / ATTEST: · - ClT~ S~<fRETARY APP OVED AS TO RM: C~TY ATTO~E¥ / / COZ92-022~ PDt9 RESIDENT~kL AREA. I.~GAL DESCRIIWION Being a t4~01 ac~ t~ of land ~ ~e J.W..~de~on Su~w, Abs~act No. l& silual~ ia the City of Cop~lk DuH~'~unty, 'Fe~ ~d ~g mo~ pa~icu~rly d~ ~ BEGINNING at a U2' [~n pin fi}and ~ ~e No~ line ora t~ convey~ ~ Ma~ Mye~ in de~ ~o~ed in Volume 73005~ Page 2821 of ~e D~ Rt<o~ of DMI~ ~, Tern ~d iron pin found also ~ing the Southw~t co,er of~t 10, Bl~k B of ~p~g Vffi~ ~ addition to the City of ~p~ll :~ ~o~ ~ Vol. 80~7, Pg. 00~ of the D~ Re~s of D~I~ ~un~ TII~NCE N 89~30"E aiong ~e smd ~o~h line of M~ Myers ~cl ~d the Sou~ ~e of said Cop~ll ViHag~ 828.20 f~t to a l J2' iron pin seB DIEBCE S 00~4918' ~ 417.18 [t~t to a 5/8' ~n p~ TI~NCE N 89~0'21' ~ 35.53 Ieet ~ a ~2' iron pin set on ~e ~t l~e of Bethel Schmfl Road: THENCE S 09~4'37' XV, 74.00 feet to a 112' [n}u pin set; I'I~NCE S 3~901' ~V~ [[4.08 r~t to a [12' [mn pin sell 'I~I~NCE S L3~W47' ~V, 36.98 [~.t to u U2' ~u pin 'H1E~CE S ~°0T4[' W, ]49.06 f~t to a U2' ~n pin TI[.~CE S 88040'59' W, 24[.81. [~t to a 5/8' [mn pin found; .'[II~NCE S 41~1'54~ W. 93.51 f~t t~ a 518' ~n pin found; T}IkLNUE S 470OT16~ W, 191.05 ftmt ~ a 518' i~n pin [o~d; ~N(:E S ~38~9' W, J60,70 feet to a 5i8' i~u pin fouudl TII~NCE N 33~58'21' W, L36.02 [~t ~ u 5/8' i~n p~ found; ~{~NCE N l~920' W, 99.~ r~t to a .5/8' ~n p~ [oun~ ~NCE N 09°5~3~ ~ 329.11 f~t ~ a ~2' ~n pm ~I~NL~ N 34~'28' ~ 10~81 f~t ~ a U2' ~n pin ~e~ ~I~NCE N 01o0T20' W, 26~2 f~t to ~e POINT OF BEG~NtNG and t~nmining 14301 ~Jr 6~9M ~ f~t of lan& mo~ or PAIOK .~d~EA ~ LEGAL DESCRIPTION [~ing a 3.874 acr~ tract of land in the J.W. Anderson Survey, Abstrnct No. lg, situated in the City of CoppelL, Dallas County, Texas and being mor~ particularly deoc. r[b4~d ~n follows: CON~C'hNG ut a 1/2' ir~n pin found in the North line of a tract conveyed to Mary My,rs In deed rzxoorded in Volume 73005, Page 2821 of the Deed Records of Dallas County, Texas, s~ld |r~m pin found ~ being the Southwest corner of Lot 10, Block B of Coppell Vll'n~,% an nddltlo~ to the City of Coppeil a~ r~corded in Vol. 80Z47, Pg. 0004 of the Deed Re~'ords of Dallas County, 'Ferns; TILENCE $ 0i*0TT.0' E along the said We~t line of Mary Myers tract and the .Fast line ~f said Coppell Village, 2A$.71 feet to a I/4' Iron pin found for the POhNT OF BEGtl~NING of the her~in described trac',4 TI-KENCE S 01°0T'20' E~ 16.81 feet to a 1/Z' iron pin set; 'ITI.E~CE $ 34~'34'25' W, 1.02.81 feet to a L/Z' h'on pin set; TILEa~/CE S 09°55'35' ~,g, 329.11 feet to a 1/2' [ron pin set; TII. ENCE N 85~g'29' W, 105.00 feet to a 5/8' iron pin found in the West line of said Mary Myers tract and the East line of a tract c~nveyed to Ju[hinn~ Otl~ in VoL 77009, Pg. 2122 of the Deed Re, oords of Dallas County, Texas; TII. I~NCE N 04°2-1'31- E., 150.00 feet to a steel fence post found~ THZLNCE N 83015'48° W, 474.69 feet to a 1/2' iron pin found; TIUe2.NCE N 01°34'18- E, 205.04 feet to a 5/8' icon pin found in the South line of said Copper vmnge; TH_~NCE N 89°22'01' E, along the South line of Copper Village, 673.87 feet to the POI1NT OF BEGhNNENG and containing 3.874 acres or 168,765 square feet of land, more or less. I'"' ...... PD SITE PLAN O OODWl]q ! BIG CEDAR ADDmOIq ~ ~ ,m,c,~ ~ .... __,,....,,.~ M ARSIIALL ! m,,,,~ o,,,u,,, PD - 119 (BIG CEDAR ADDITION) "SF-9" SINGI.E FAMILY RESIDENTIAL DISTRICT REGUI~TIONS 12-1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in the "SD-ED", "SF-18" or the "SF-12' districts. 2. Home occupation. 3. Such uses as may be permitted under provisions of Special Use Permits, Sections 30-5 and 30-6. 12-2 Maximum Height Regulations: Thirty-five (35) feet nor more than two and one-half (2-1/2) stories high. 12-3 Area Regulations: 1. Minimum Size of Yards: Pu Front Yard: Twenty-five feet 25', with the exceptions of lots 37 through 41; 30 feet, and lots 3 through 5; 22 feet. B. Side Yard: Eight feet 8', a side yard adjacent to a side street: fifteen feet 15', with the exceptions of lots 12 through 14, 18 through 22 and 29 through 33; 5 feet. C. Rear Yard: Twenty feet (20'). 2. Minimum Size of Lot: A. Lot Area: Nine thousand square feet (9,000 S.F.). B. Lot Width: Seventy-five feet 75', with the exceptions of lots 9 through 13; 55 feet, and lots 18 through 22 and lots 29 through 33; 60 feet. C. Lot Depth: One hundred feet (100'). 3. Minimum Dwelling Size: Two thousand square feet (2,000 S.F.), exclusive of garages, breezeways, and porches. With the exceptions of lots 1 through 3, 6 through 13 and lots 15 and 16; 2,500 S.F. 4. Maximum LOt Coverage: Thirty-five per cent (35%) of the total lot area may be covered by the combined area of the main buildings and accessory buildings. 5. Special Conditions: A. Lots 37 through 41 require two 4" caliper trees per lot, with landscaping and irrigation. B. Greenbelt pathway be provided from 10' access easement to Anderson Park. C. Access easement between lots 16 and 17 with a 6' walk and landscaping. EXHIBIT 2 PD - 119 12-4 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 special uses set forth in Section 31. Where lots are adjacent to alley, the enclosed] parking area (garage) must be accessed by the alley only. 12-5 Type of exterior Construction: At least eighty per cent (80%) of the exterior walls of the flu'st floor of all structures shall be of masonry construction (see Section 42-80) exclusive of doors, windows and the area above the top plate line. Each story above the first of a straight wall structure shall be at least eighty per cern (80%) masonry exclusive of windows, doors and the area above the top plate line. at 1:30 p.m. at Coppell Intermediate School and encouraged Council Members to attend. F. Mayor Pro Tem Smothermon asked to verify that the replat approved for the school is a final and will not return before work begins. Mayor Wolfe affirmed this as final and requested that staff provide a follow-up on this issue (Item #25). G. Council Member Cowman asked that City Manager look into the issue regarding any training the City may have received in return for waiving of impact fees for previously approved school property. H. Council Member Cowman inquired about the no parking issue on MacArthur being brought forward in the near future. I. Council Member Cowman stated that the Northbound lanes on MacArthur at Beltline Road need to be re-striped due the wear of traffic. Item 30 Liaison Reports Councilman Morton announced that at the MUD Meeting earlier in the day, there was a request to extend the BANS on Cottonwood Estates project and this was denied. It was brought out that Mr. Sowel is contemplating 45 acres of single-family housing along Parkway. Also $900,000 of BANS have expired and have been written off; therefore, with no more BANS on the property, the development will be at the developer's expense. Also, the Magnolia tract was purchased by J. Sowel Construction which is coming forward and working with Vista Properties, Inc. to provide sewer access to the properties. Additionally, a request for annexation by Frank Bamburg on Sand Point Estates was received and approved by the MUD Board. The MUD election was called for the 2nd of May with the election being held at City Hall. Filing deadline is 2nd of April. Applications for filing are at the Water Department. Early voting will be at St. Ann's Catholic Church. In regards to the increased flow at the lift station, they are pulling 20 gallons of screen debris off the screen a week and they are trying to store it on site. CONSENT AGENDA Item 31 A. To consider an ordinance for Case ~ZC-522, to change the zoning designation from (C) Commercial, to (SF-12) Single-Family-12, on a parcel of land located at the southeast corner of Bethel School Road and Harris Street, and north and adjacent to Grapevine Creek, and authorizing the Mayor to sign. B. To consider an ordinance for Case #$-1051, to change the zoning designation from (LI) Light Industrial, to (LI.SUP) Light Industrial Special Use Permit, on a parcel of land located at 820 $. MacArthur Boulevard, Suite 102, and authorizing the Mayor to sign. c. To consider an ordinance for Case ~PD-117, to change the zoning designation from (MF-2) Multi- Family-2, to (SF-7) Single-Family 7, on a parcel of land located along the west side of Harris Street, at Bethel Road, and authorizing the Mayor to sign. D. To consider an ordinance for Case #S-1053, to change the zoning designation from (LI) Light Industrial, to (LI.SUP) Light Industrial Special Use Permit, on a parcel of land located approximately 992' south of the intersection of CM031092 Page 10 of 12 Thweatt Road and Royal Lane, along the east side of Royal Lane, and authorizing the Mayor to sign. E. To consider an ordinance for Case #PD-119, to change the zoning designation from (R) Retail and (C) Commercial, to (PD-SF-9) Planned Development Single-Family-9, on a parcel of land located along the west side of Bethel School Road, and approximately 400' north of Bethel Road, and authorizing the Mayor to sign. F. To consider an ordinance for Case #S-1054, to change the zoning designation from (LI) Light Industrial, to (LI.SUP) Light Industrial Special Use Permit, on a parcel of land located east of Denton Tap Road, approximately 212' north of Beltline Road (E/W), and authorizing the Mayor to sign. G. To consider an ordinance for Case #S-1055, to change the zoning designation from (R) Retail, to (R.SUP) Retail Special Use Permit, on a parcel of land located at 420 Bethel Road, and authorizing the Mayor to sign. H. To consider an ordinance for Case #S-1056, to change the zoning designation from (C) Commercial, to (C.SUP) Commercial Special Use Permit, on a parcel of land located at 150 S. Denton Tap Road, Suite 115, to allow the operation of a restaurant, and authorizing the Mayor to sign. I. Consideration of approving a contract with Barton- Aschman Associates, Inc. to provide professional transportation engineering services associated with the Traffic Light Synchronization Program II (TLSII) for the total amount not to exceed $22,075 and authorizing the City Manager to sign. J. Discussion and consideration of rejection of Bid Proposal No. Q-1291-04 for Personal Computer System and related equipment/software. K. Consideration and approval for purchase of radio communications equipment for Police, Fire, Engineering and Public Works Departments in the amount of $53,824.60. L. Consider approval of a contract for the rental of county voting equipment to hold the May 2, 1992 Municipal Officer's Election and authorizing the Mayor to sign. Councilman Nelson requested that Item 31-I be removed from the Consent Agenda. Mayor Pro Tem Smothermon moved to approve the Consent Agenda with the exception of Item 31-I with agenda Item 31-A carrying ordinance number 91500-A-8, Item 31-B carrying ordinance number 91500-A-9, Item 31-C carrying ordinance number 91500-A-10, Item 31-D carrying ordinance number 91500-A-11, Item 31-E carrying ordinance number 91500-A-12, Item 31-F carrying ordinance number 91500-A-13, Item 31-G carrying ordinance number 91500-A-14, and Item 31-H carrying ordinance number 91500-A-15. Councilman Cowman seconded the motion° The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 31-I was discussed by Council. Mayor Pro Tem Smothermon moved to approve the contract with Barton-Aschman Associates, Inc. to provide professional transportation engineering services associated with the Traffic Light Synchronization Program II (TLSII) for the CM031092 Page 11 of 12