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PD114-AG 920310 AGENDA REQUEST FORM The C,~ty WiN ^ 8,.auto,ti f~ur~ ~ CO~L ~R~NG March 10, 1992 I~ ~~ ~ ITEM CAPTION: PART A: Reconsideration of action taken regarding denial of zoning case tPD-I lq, generally located south of Sandy Lake Road, and west of the T.U. Electric easement, and commonly referred to as a portion of the 'Riverchase' development. PART B: ~r~zing t~l~4ayojT~ sign. SUBMITTED BY: ~ EVALUATION OF ITEM: PART A: To consider approval of an ordinance for case tPD-I lq, ta change the zoning designation from [MF-]) Multi-Family-! and [R] Retail, to [PD-SF] Planned Development Single-Family, on a parcel of land located south of Sandy Lake Road, and west of the T.U. Electric ease- ment, and ST,~J~F ~j).: Planning Director, 13cry L. Sieb OTHER I~P.: Larry Jackson, City Attorney DATE' On February 1 1. by a vote of q-2 (with Nelson and Morton voting against the motion, and Smothermon being excused due to conflict of interest], the City Council voted to not grant an ordinance which would have changed the zoning on qB.OB acres of land from (MF-I) Multi Family-1 and IR) Retail. to (PD-SF) Planned Development Single-Family. It is staff's under- standing that this item may be brought up for reconsideration at the March 10. lgg2 City Council meeting. PART B: Date cf PF~Z Meeting: November B, Igg0 Decision of PCZ Commission: Approval with conditions [q-3] OPPOSED: Catten/Mayo/Tunnell Date of City Council Meeting: November 27. Igg0 Decision of City Council: Approval with conditions (q-2) OPPOSED: Thomas/Weaver Please see attached site plan and City Council minutes for further details. BUDGET AMT. AMT +/- BUDGET COMMENTS: [SmOthermon excused due to conflict of interest] APPROVED CiTY COUNCIL FINANCIAL REVIEW BY ~ LEGAL REVIEW BY: AGENDA REQUEST ~OR~ REVISED 1/91 REVIEWED BY CM: 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 Coppel], 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 FIRST GIBRALTAR BANK F.B.B., No. PD-114, 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. city of Coppell, Texas, amending the Zoning Map property hereinafter classification, to wit: That the Comprehensive Zoning Ordinance of the be and the same is hereby amended by of the city of Coppell, to give the described, a new zoning district "PD-SF" Planned Development District Classification for Single Family Detached Structures, governed by the Development Plan attached hereto as Exhibit 1 and the Regulations: 139 single-family lots maximum; 35' maximum height; 50% maximum lot coverage; 20' minimum rear yard; No lot smaller than 50' x 105'; No lot area smaller than 5250 square feet; Minimum dwelling unit size of 1600 square feet of air conditioned space; 5' minimum side yard, 15' on corner lots; Landscaping of linear park (utility R.O.W.) based on earlier commitment letter; landscaped Sandy Lake Road per Streetscape Plan; 6' minimum masonry screening wall around lift station and T.R.A. property; Minimum finished floor elevation on all lots; Escrowed funds to build street west to MacArthur Boulevard; No alleys on lots 17-46 (adjacent to T.U. electric easement); Minimum 20'-25' front yard setback' 25' on houses of less than 1800 square feet' 20' on houses of 1800 square feet or greater size; No more than 50% of lots at minimum of 1600 square feet of air conditioned building space; No building permit to be issued for any residential building until the street extending west to MacArthur Boulevard is actually under construction. A property owners association to be created to maintain all screening walls and common areas. Said property being described as follows: BEING a parcel of land containing 48.0874 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 ~y 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 continue to exist shall constitute a separate violation Shall 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 IQ~ day of ~~ , 1992. APPROVED: ATTEST: TRACT 1 BEING a tract of land situated In the 8.A. & M.G. Survey, Abstract No. 1442, the James Parish Survey, Abstract No. 1139, and the David Myers Survey, Abstract No, 886, in the City of Coppell, Dalla~ County, Texas; and being pek of that certain tract conveyed to Tefra Corporate Joint Venture as recorded in Volume 85072, Page 4454, Deed Records of Dallas County, Texas (DRDC'I'), and being more particularly described as follows: BEGINNING at a ~/~' SIR In the South line of Sandy Lake Road (804oot ROW), said point being North 53~ 31 ' 19' West, a distance of 141,0s feet from the Intersection of said south line w'~h the west line of Riverchase Drive (60-1oot ROW), said point being the intemection of said South line with the West line of 130-foot wide Dallas Power and Light Co, ROW, as recorded in Volume 4594, Page 302, DRDCT; THENCE, South 29~ 13' 41' West, departing said south line and along said West line, for a distance of 2300.61 feet to a ~,~" SIR for corner; THENCE, North 8g" 02' ~r a distance of 206.87 feet to a ½' FIR for comer;, THENCE, North O0° 07' 27' East, for a distance of 2935.58 feet to a V2' SIR for the beginning of a circular curve to the right on the South line of Sandy Lake Road; THENCE, along said South line with said circular curve to the right, having a beginning tangent bearing of South 76* 28' 27' East, a central angle of 22" 57' 08', a radiua of 552.47 feet, and a tangent length of 112.16 feet, for an arc length of 221,32 feet to a 1/,' SIR at a point of tangency; THENCE, South 53° 31 ' 19' East, along said South line, for a distance of 848.35 feet to a '~' SIR for corner; THENCE, South 29· 13' 41' West, departing said South line, for a distance of 300.00 feet to a ~,~' SIR for corner; THENCE, South 53° 31 ' 19' East, for a distance ol 300.00 feet to a ~' SIR for comer on the West line of a ~.5~,'l'exas Power and Light Company easement; THENCE, North 29° 13' 41' East, along said West line, for a distance of 300.00 feet to a ½' FIR on the South line of Sandy Lake Road; THENCE, South 53° 31 ' 19- East, along said South line, for a distance of 250.27 feet to the POINT OF BEGINNING and containing 48.0874 acres (2,094,687 square feet) of land. EXHIBIT ''A" 1! 8214 WESTCHESTER, SUITE DALLAS, TEXAS 75225 214"363-5615 August 2, 1991 ViA FAX NO. 399-0948 Mr. Gary L. $ieD Director of Planning & Community Services city o~ Coppell P. O. Box 478 Coppell, Texas ~5019 Dear Gary: Pursuant to our work session ye~t. erda~, following is a summary of how we would propose dealing with the landscaping and maintenance of the linear park, as well as the other issues raised at the work session. As discussed, we would propose to turn the linear park into a green space area. This area would be seeded, as neceRsary, and mowed on a regular basis. We would propose to do this in conjunction with the development of :ne fxrst parcel of the property in question, which, actually, abuts the linear park. Thereafter, the maintenance of the linear park would be assumed by the existing homeowners' association. With respect to the second access road to Belt Line Road (Fairway Drive), which was or[glns!ly contemplated to be located east of Mac Arthur Boulevard, we believe that this issue should be addressed at the time that the parcel abutting this proposed street is developed. With respect to the other com~m£tmen:s originally made by Terra to the City in 1985, concerning this development, %he general decline in real estate values over the last five years, and the reality of the market today, make i: difficult, if not impossible, for any new developer to assume these commitments, to the ex~ent t~at ~hey exceed current zoninp, landscaping, and other requirements of the ""' .... .. 0~ C,S r~'l li:P~ P 03 *SLJ-DALLAS ( '~ ~.~.!~I_~.PIITTE5, F~O[.I 21,-, -<<~.3 5~74 ..,. · · city. According, with the exception of the foregoing, we would, respectfully, request that no special requirements De imposed upon this development, Sincerely, SLJ COMPANY, TRUSTEE By: rectorLebowitz LHL/J s