PD129R-AG 930713CITY COUNCIL ~G
AGENDA REQUEST FORM
ITEM NUMBER
/&
ITEM CAPTION:
A. Reconsideration of action taken regarding an ordinance for Case ~PD-129(R) to change the zoning
designation from fTC) to (PD-SF-9) on a parcel of land located at the southwest corner of Parkway Boulevard
and Denton Tap Road.
B. Discussion and consideration of approving an ordinance for Case//PD-129(R) changing the zoning from
fTC) to (PD-SF-9) on land located at the southwest corner of Parkway Boulevard and Denton Tap Road and
authorizing the Mayor to sign.
L
OTIIF, R Rl~P.:
DATE:
EVALUATION OF ITEM:
Date of Council Meeting: October 13, 1992
Decision of City Council: Approval with conditions (4-3)
This item was on Council's June 22, 1993 consent agenda, but failed to pass because four affirmative votes
could not be produced. Council directed staff to place this item on the July 13 agenda for further
consideration. Because the zoning and subdivision plat have been approved by Council, staff would
recommend affirmative action be taken on adoption of this ordinance.
Please see attached for further details.
AMT. +/- BUDGET FINANCIAL REVIEW BY
co rs: APPFIO VED '-/
CITY CO/UN, CIL (__~ ~
DA T E REVIEw~ By CM: ~
LEGAL REVIEW BY:
AGENDA REQUES? FORM REVL~F,D 2/93
19. Discussion regarding YMCA - City of Coppell Swimming Pool.
Steve Goram, Director of Public Works, made the presentation to Council. He stated that staff
spoke with the Texas Parks and Wildlife Department regarding the use of the City park for a
swimming pool site, to be leased by the YMCA. The state indicated approval of this use is high
due to the fact that a swimming pool site has always been in the park plan. The staff also
reviewed other sites but did not feel comfortable with the other locations. The questions of
liability were addressed, and the staff will now meet with the YMCA and the school for
preliminary discussions. The staff will bring back a final proposal to Council for consideration.
No action was required by the Council.
20.
PUBLIC/-lF~ARING. To consider approval of a zoning change, Case #PD-129-R, (Parks
of Coppell, Tract III), from (TC) Town Center, to (PD-SF-9) Planned Development
Single Family-9, located at the southwest corner of Parkway Boulevard and Denton Tap
Road, at the request of Dan Dowdey and Associates.
Gary Sieb, Director of Planning and Community Services, made his presentation to Council. Bill
Anderson, representing the developer Dan Dowdey and Associates, also made a presentation.
He said they added alleys in the interior, which met the request of the Council. Mayor Wolfe
asked for those persons who would like to speak in favor of this proposal, because this item was
left open from the Public Hearing of September 8, 1992. There were none. He then asked for
those persons who wished to speak against thks proposal. Again, there were none. Mayor Wolfe
then declared the Public Hearing closed. In~°rmation regarding the hill, which would be a 10-
foot rise from the center line, was discussed. Councilman Thomas exp~ his appreciation
to the effor~ that the developer has performed, yet he stated that he does not believe this is the
highest and best use for the land. He believes there are to many issues involved, and does not
feel comfortable with it being a residential zoned area at this juncture. Councilman Weaver made
the motion that the zoning change be approved with the condition that the developer maintain
the preservation of the hill and the trees presently on that site, and that any material removed
from that site will be only as required to construct streets and homes, and that material removal
be approved by the City Engineer. Councilman Morton seconded the motion. The motion failed
2-5 with Councilmen Weaver and Morton voting in favor of the motion, and Mayor Pro Tem
Smothermon and Councilmen Thomas, Mayo, Robertson and Garrison voting against the motion.
Councilman Robertson moved to approve the item with the conditions that Mr. Anderson baa
brought forward as far as the grade change to be cut down approximately 30 feet, and to
increase a 10-12 foot rise from the street level, and with the conditions on the face of a plat.
Councilman Mayo seconded the motion. The motion carried 4-3 with Mayor Pro Tern
Smothermon and Councilmen Mayo, Robertson and Garrison voting in favor of the motion and
Councilmen Weaver, Thomas and Morton voting against the motion.
Consmer approval of a preliminary plat of Parks of Coppell - Tract III, located at the
southwest corner of Parkway Boulevard and Denton Tap Road, at the request of Dan
Dowdey and Associates.
Gary $ieb, Director of Planning and Community Services, made the presentation to Council.
After discussion, Councilman Robertson moved to approve the preliminary plat with the aame
stipulations as agenda item g20. Councilman Mayo seconded the motion. The motion carried 4-3
with Mayor Pro Tem Smothermon and Councilmen Mayo, Robertson, and Garrison voting in
favor of the motion, and Councilmen Weaver, Thomas and Morton voting against the motion.
22.
PUBLIC HEARINg; To consider approval of a zoning change, Case #S-1061, from (LI)
Light Industrial, to (LI-SUP) Light Industrial Special Use Permit, for the operation of
a Subway Restaurant, located at 820 S. MacArthur Boulevard, Suite #124, at the request
of Mr. Thomas Chapman.
Gary Sieb, Director of Planning and Community Services, made his presentation to Council. He
stated that, if the sign is oversized, it can be approved with the requirements of the aign
ordinance being followed. Tom Chapman, representative of the Subway Restaurant, also
CM101392
Page 5 of 10
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. C~/,,5"'0 O
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
Centex Corporation, No. PD-129-R, should be granted and the Comprehemive Zoning
Ordinance of the City of Coppell should be amended in the exercise of its legislative
discretion.
AGG041 D6
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 3 and the conceptual landscape plan of five sheets
attached hereto as Exhibit 2. Except as herein stated or otherwise provided on
Exhibit 3 and 2, the property shall be governed by the regulations of the SF-9 District
Regulations attached hereto as Exhibit 1.
Said property being described as follows:
BEING a parcel of land containing 26.177 acres, more or less, and described by
metes and bounds on Exhibit "A" attached hereto and made a part hereof and shown
on the Development Plan attached hereto as Exhibit "3" 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, conffort 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.
this the
DULY PASSED by the City Council of the City of Coppell, Texas,
day of I~~(~ , 1993.
APP~VED:
APPP~OVED A.~_~Q FORM:
'~ '.~T'FORNF~Y.,.,/ ~
COZ93-0604 PD-'i~-R
CITY si~C-RETARY
PARKS OF COPPELL TRACT III
BEING a tract of land situated in the George W. Jack Survey, Abstract
No. 694 and the S. A. & M. G. R. R. Survey, Abstract No. 1430 in the City
of Coppell, Dallas County, Texas and being part of a tract of land as
described in deed from Good Financial Corporation to Douglas Adkins,
Trustee, as recorded in Volume 76188, Page 2355 of the Deed Records of
Dallas County, Texas and being more particularly described as follows:
BEGINNING at a point of intersection of the south line of Parkway
Boulevard (a variable width right-of-way) with the west line of Denton
Tap Road (a 100 foot right-of-way);
THENCE S. 00°59'17'' E., 920.92 feet along the said west line of Denton
Tap Road to a point for corner;
THENCE S. 89034'53'' W., 216.45 feet leaving the said west line of
Denton Tap Road to a point for corner;
THENCE S. 00°19'41'' W., 209.88 feet to a point for corner;
THENCE S. 87°40'10'' W., 179.85 feet to a point for corner;
THENCE S. 00~10'02'' E., 104.35 feet to a point for corner;
THENCE S. 88°17~45'' W., 589.46 feet to a point for corner;
THENCE N. 01044'45'' W., 916.03 feet to a point for corner on the
southeasterly line of High School Access Road (a 60 foot right-of-way),
said point also being in a curve to the right running in a northeasterly
direction and having a central angle of 45~38'18'' a radius of 330.00 feet
and a chord bearing of N. 27049'29'' E.;
THENCE along said curve, and the said southeasterly line of High
School Access Road, the following courses and distances; 262.86 feet to
the end of said curve; Thence N. 50038'38'' E., 41.42 to the beginning
of a curve to the left having a central angle of 22019'45'' a radius of
390.00 feet and a chord bearing of N. 39028'46'' E.; Thence along said
curve 151.99 feet to the end of said curve; Thence N. 28018'54'' E., 78.23
feet to a point of intersection of the said southeasterly line of High
School Access Road with the south line of said Parkway Boulevard, said
point also being in a curve to the left running in an easterly direction
and having a central angle of 27035'55'' a radius of 862.50 feet and a
chord bearing of S. 77°28'39'' E.;
THENCE along said curve, and the said south line of Parkway Boulevard,
the following courses and distances; 415.46 feet to the end of said curve;
Thence N. 88°43'24'' E., 11.83 feet to a point for corner; Thence S.
01016'36'' E., 10.00 feet to a point for corner; Thence N. 88°43'24'' E.,
300.00 feet to the Point of Beginning 'and containing 26.177 acres
(1,140,268 square feet) of land.
EXHIBIT "A"
12-1
12-2
12-3
SECTION 12
"SF-9" SINGLE FAM~Y RESIDENTIAL DISTRICT REGULATIONS
Use Reeulations: A building or premise shall be used only for the following
purposes:
1. Any use permitted in the "SF-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.
Thirty-five (35) feet nor more than two and
Maximum Height Regulations:
one-half (2-1/2) stories high.
Area Regulations:
Minimum Size of Yards:
(A)
(B)
Front Yard: Twenty-five (25) feet. Where lots have double
frontage, running through from one street to another, the required
front yard shall be provided on both streets.
Side Yard: Eight (8) feet. A side yard adjacent to a side street:
fifteen (15) feet. Allowable non-residential uses: Twenty-five
(25) feet.
(C) Rear Yard: Twenty (20) feet.
Minimum Size of Lot:
(A) Lot Area: Nine thousand (9,000) square feet.
(B) Lot Width: Seventy-five (75) feet
(C) Lot Depth: One hundred (100) feet.
Minimum Dwelling Size: Sixteen hundred (1,600) square feet,
exclusive of garages and breezeways and porches.
Maximum Lot Coverage: Thirty-five (35) per cent of the total lot area
may be covered by the combined area of the main buildings and
accessory buildings.
21 .'
EXHIBIT "1"
12-4
12-5
SECTION 12 - "SF-9"
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 an alley, the enclosed parking area (garage) must be accessed off
of the alley only.
Type of Exterior Construction: At least eighty (80%) percent of the exterior
walls of the first floor of all structures shall be of masonry construction (see
Section 42-80) exclttsive of doors, windows, and the area above the top plate
line. Each story above the first floor of a straight wall structure shall be at
least eighty (80%) percent masonry exclusive of doors, windows and the area
above the top plate line.
E×H IBT "2"
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CONSENT AGENDA
19. A.
Consider approval of minutes of June 8, 1993 as submitted and corrected
minutes of May 11, 1993 (Page 3, Item 10) and May 25, 1993 (Page 2, Item 9).
Bo
Consider approval of recognizing September 11, 1993 as the City of Coppell
Consumer Trade Fair sponsored by the Coppell Chamber of Commerce, and
waiving permit fees for the installation of banners.
To consider approval of an ordinance for Case #ZC-547 to change the zoning
designation from (SF-12) to (C) Commercial on a parcel of land located at the
northeast comer of Sandy Lake Road and Moore Road, and authorizing the
Mayor to sign.
Do
To consider an ordinance for Case #PD-110(A) to amend the original PD site
plan on a parcel of land located at 324 Beechwood Lane, and authorizing the
Mayor to sign.
To consider an ordinance for Case #PD-130 to change the zoning designation
from (SF-12) to (PD-SF-7), on a parcel of land located 250' north of Sandy Lake
Road, along the east side of Moore Road, and authorizing the Mayor to sign.
To consider an ordinance for Case #ZC-545(A) to change the zoning designation
from (MF-2) and (SF-12) to (SF-7) and (SF-9), on a parcel of land located along
the west side of Harris Street, north of Dakota Lane, and authorizing the Mayor
to sign.
Go
To consider approval of an ordinance for Case #PD-129(R) to change the zoning
designation from (TC) to (PD-SF-9) on a parcel of land located at the southwest
comer of Parkway Boulevard and Denton Tap Road, and authorizing the Mayor
to sign.
Ho
To consider approval of an ordinance for Case #ZC-538 to change the zoning
designation from (TC) to (SF-7) on Tract I; from (TC) to (SF-7) on Tract II; and
(MF-2) to (SF-12) on Area A of Tract IV, from (MF-2) to (SF-9) on Area B of
Tract IV, located at the southeast comer of Parkway Boulevard and Heartz Road
(Tract I); the northeast comer of Parkway Boulevard and Denton Tap Road (Tract
2); and northwest of the High School Access Road and north of Parkway
Boulevard (Tract 4); and authorizing the Mayor to sign.
Consideration for approval of Bid #Q-0593-01 for street striping within the City
limits to American Striping Company for the sum of $14,300.00 and authorizing
the Mayor to sign.
Jo
Consideration for approval of Bid #Q-0693-01 for the purchase and installation
of three (3) school zone flashers to Sharrock Electric, Inc. for the sum of
$8,258.00 and authorizing the Mayor to sign.
Items 19 F and G were pulled and taken up prior to the Mayor's Report.
Mayor Pro Tern Robertson moved to approve Items 19 A, B, C carrying Ordinance No.
91500-A-32, D carrying Ordinance No. 91500-A-33, E carrying Ordinance No. 91500-A-34,
H carrying Ordinance No. 91500-A-36, I and J. Councilmember Garrison seconded the motion;
the motion carded 5-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stahly,
Reitman and Garrison voting in favor of the motion.
CM062293
Page 6 of 7
Item 19 F - Peter G. Smith, City Attorney, advised the Council that this item is a ministerial
function and should be passed. Mayor Pro Tern Robertson moved to approve 19 F carrying
Ordinance No. 91500-A-35. The motion died for lack of second. The City Attorney warned
the Council of a possible lawsuit if the ordinance is not passed. Mayor Pro Tern Robertson
moved to approve Item 19 F carrying Ordinance No. 91500-A-36. Councilmember Reitman
seconded the motion; the motion carded 5-0 with Mayor Pro Tern Robertson and
Councilmembers Weaver, Stahly, Reitman, and Garrison voting in favor of the motion.
Item 19 G - Mayor Pro Tem Robertson moved to approve an ordinance for Case #PD-129(R)
to change the zoning designation from (TC) to (PD-SF-9) on a parcel of land located at the
southwest comer of Parkway Boulevard and Denton Tap Road. Councilmember Reitman
seconded the motion; the motion failed 3-2 with Mayor Pro Tern Robertson and Councilmembers
Stahly, and Reitman voting in favor of the motion; and Councilmembers Weaver and Garrison
voting against the motion. Request was made to place this item on the agenda for the next
Council Meeting.
There being no further business to come before the City Council, the meeting was adjourned.
Tom Morton, Mayor
ATTEST:
Dorothy Timmons, City Secretary
CM062293
Page 7 of 7
acres, located at the southwest corner of Freeport Parkway and Bethel Road in the City
of Coppell.
Mayor Pro Tem Robertson moved to approve Ordinance No. 93607 designating Minyards
Foods, Inc. Tax Abatement Area as Reinvestment Zone No. 1 (TAR-l); pursuant to Section
312.201 of the Property Redevelopment and Tax Abatement Act, said area being the property
owned by Minyards Foods, Inc., and described as Tract 1, Abstract 1439, consisting of 62.528
acres, located at the southwest comer of Freeport Parkway and Bethel Road in the City of
Coppell. Councilmember Reitman seconded the motion; the motion carded 6-0 with Mayor Pro
Tern Robertson and Councilmembers Weaver, Stahly, Reitman, Mayo, and Garrison voting in
favor of the motion.
16. A.
Reconsideration of action taken regarding an ordinance for Case #PD-129(R) to
change the zoning designation from (TC) to (PD-SF-9) on a parcel of land located
at the southwest comer of Parkway Boulevard and Denton Tap Road.
Mayor Pro Tem Robertson moved to reconsider the action taken regarding an ordinance for Case
#PD-129-(R) to change the zoning designation from (TC) to (PD-SF-9) on a parcel of land
located at the southwest corner of Parkway Boulevard and Denton Tap Road. Councilmemher
Garrison seconded the motion; the motion carried 5-1 with Mayor Pro Tern Robertson and
Councilmembers Stahly, Reitman, and Mayo voting in favor of the motion and Councilmember
Weaver voting against the motion. Councilmember Garrison abstained which is considered as
an affirmative vote per City of Coppell Home Rule Charter, §3.11-B.
B. Discussion and consideration of approving an ordinance for Case #PD-129(R)
changing the zoning from (TC) to (PD-SFo9) on land located at the southwest
comer of Parkway Boulevard and Denton Tap Road and authorizing the Mayor
to sign.
Mayor Pro Tern Robertson moved to approve Ordinance No. 91500-A-37 for Case #PD-129(R)
changing the zoning from (TC) to (PD-SF-9) on land located at the southwest comer of Parkway
Boulevard and Denton Tap Road and authorizing the Mayor to sign. Councilmemher Mayo
seconded the motion; the motion carried 5-1 with Mayor Pro Tern Robertson and
Councilmembers Stahly, and Mayo voting in favor of the motion and Councilmember Weaver
voting against the motion. Councilmembers Reitman and Garrison abstained which is considered
as an affirmative vote per City of Coppell Home Rule Charter, §3.1 loB.
17. Consideration and approval of Change Order #3 to the Grapevine Creek Sewer Trunk
Main, Branches I and II in the amount of $101,308.00 and authorizing the Mayor to
sign.
Ken Griffin, City Engineer, made a presentation to the council. Mayor Pro Tern Robertson
moved to approve Change Order #3 to the Grapevine Creek Sewer Truck Main Branches I and
II in the amount of $101,308.00. Councilmember Mayo seconded the motion; the motion
carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stahly, Reitman,
Mayo, and Garrison voting in favor of the motion.
The Consent Agenda Items 22 B and J were considered at this time. See Item 22 for minutes.
EXECUTIVE SESSION
(Closed to the Public)
2. m.
Article 6252-17, Section 2(e), and Senate Concurrent Resolution Number 83,
discussion with City Attorney concerning matter involving privileged
communications between attorney and client.
C M071393
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