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PD118-AG 920211CONSENT AGENDA AGENDA REQUEST FORM CITY COUNCIL M~-RTING Februar~ 11, 1997- ITEM NUMBER /~ ~'- ITEM CAPTION: To consider approval of an (:~'dinance for Case ~PD-118 (Riverchase Estates), to change the zoning designation from (SF-9) Single-Family-9, to (PD-SF-9) Planned Development-Single-Family-9, on a parcel of land located approximately Z,110 feet south of Sandy Lake Road, along the west side of Riverchase Drive, and auth(wizing the Mayor to sign. SUBMITTED BY: (DLrec~r's S~gnature) OTHER R.~P.: ~ Jackson, City Attmmey EVALIJ~&TLON OF [Tt~M~ DATE: August 29, 1991 Approved with conditions (4-1) Date of City Council Meeting: September 24, 1991 Decision of City Council: Approved with conditions Please see attached site plan ~nd City Council minutes for further details. A PPR O FED DATECITY COUNCIL// / BUDGET AMT. AMT +/- BUDGET COMMENTS; AMT. ESTIMATED FINANCIAL REVIEW BY LEGAL REVIEW BY: AGENDA REQUEST FORM REVISED 1/91 REVIEWED BY CM: i~ Thomas, Morton and Cowman voting in favor of the motion and Mayor Pro Tem Smothermon, Councilmen Nelson and Weaver voting against the motion with Mayor Wolfe breaking the tie. 20. Consideration and approval of a preliminary plat request for Turnberry Village, located south of Sandy Lake Road, and east of the extension of Riverchase Drive, at the request of Huffines and Partners, Inc. Mayor Pro Tem Smothermon excused himself from this item for possible Conflict of Interest. Planning and Zoning Director Gary Sieb made a presentation to the Council. Mr. Sieb stated that this is a 31.6 acre tract of ground proposed as a preliminary plat located in Riverchase development. The corrected plat is marked "Exhibit A". Mike Daniel, 1800 North Central, Dallas, an engineer representing the applicant, was present to discuss this request with Council. Don Huffines, 216 W. Main, Lewisville, stated the Homeowner's Association would be a subdivision Homeowner's Association (Turnberry Village) of the Riverchase Master Homeowner's Association. Mr. L. H. Lebowitz was also present representing this item. Councilman Nelson moved to approve the preliminary plat request for Turnberry Village including a copy of the Master Association minutes and also that four items from the Planning & Zoning Commission be incorporated as Exhibit A. Councilman Cowman seconded the motion. Councilmen Nelson amended the motion to include a brick wall along Riverchase Boulevard on the West side of the subdivision. The motion carried 4-1 with Councilmen Thomas, Morton, Cowman and Nelson voting in favor of the motion and Councilman Weaver voting against the motion. 21. PUBLIC HEARING: Consideration of a zoning change request, Case $PD-118, from (SF-9) Single-Family-9, to (PD-SF-9) Planned Development Single-Family-9, on property located approximately 2,110 feet south of Sandy Lake Road, along the west side of Riverchase Drive, and containing 47.015 acres, at the request of Heath and Knight Properties, prospective purchaser. Mayor Pro Tem Smothermon excused himself from this item for possible Conflict of Interest. Planning and Zoning Director Gary Sieb made the presentation to the Council stating there are 160 lots instead of the 106 lots in this tract of ground. He also proposed a plan to include a berm at the linear park intersection with MacArthur to obstruct view of the linear park under the high- power lines easement. Mr. L. H. Lebowitz, 3918 University, Dallas and Ken Murchison, 4123 North Central, Dallas stated they would be happy to answer any questions the Council may have. Sam Wise representing Heath and Knight properties, 16660 Dallas Parkway, Dallas spoke in favor of the request and stated there is a Master Homeowner's Association which provides for individual communities to have separate Homeowner's Associations. Councilman Nelson moved to approve Item 21 with the three stipulations recommended by the Planning & Zoning Commission and also that any landscaping must be completed by developer and maintained bya homeowner's association. Motion was denied with Councilmen Thomas, Cowman and Nelson voting in favor of the motion and Councilmen Weaver and Morton voting against the motion. Councilmen Morton moved to approve zoning change request, Case $PD-118, with three conditions being met and any landscaping placed be irrigated and any houses abutting the golf course have fences as described by the applicant. Councilman Thomas seconded the motion. The motion carried 5-0 with Councilmen Weaver, Thomas, Morton, Cowlan and Nelson voting in favor of the- motion. 22. Consideration and approval of a preliminary plat request for Riverchase E~tatel Addition (PD-118), located 2,110 feet so~th of 8a~ laLke Bond, along the weet PJ.v~...ha~ Drive, et the requelt of Heath CC1(092491 Page 6 of 11 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~/~C'C'~ - i~' ~ 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 FIRST GIBRALTAR BANK F.S.B., No. PD-118, 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 property hereinafter described, a new zoning district classification, to wit: "PD-SF-9" Planned Development "SF-9" District Classification governed by the Development Plan attached hereto as Exhibit 1 and subject to the following special conditions: 1. Riverchase Drive from existing roadway to Sandy Lake Road be completed. 2. Landscaping must be completed and maintained by a homeowners association. 3. House size be a minimum 2,000 square foot air-conditioned area. 4. Landscaping to be irrigated. 5. Any houses abutting the golf course to have a fence between home property and golf course property and such fence to be at lease a wrought iron fence four feet in height. 6. Except as otherwise provided on Exhibit 1 or in the conditions set out in items 1 through 5 above, 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 47.0154 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 // day of C0Z92-0202 P~l18 APPROVED: MAYOR ATTEST: CIT; ~--EfCRETARY BEING · tract of land situMed in the S~. & M?. Survey, Abstract No. 1442, and the Weston Perry Sur- vey, Abstract No. 1152, in the City of Coppell, Dallas County, Texas; and being a p·rt't~ that certain tract conveyed to Terra Coq)orate Joint Venture as recorded in Volume 85072, Page 4454, Deed Records of Dallas County, Texas (DRDCT), and being more particularly described Is follows: COMMENCING at the Intersectio~ of the South line of ~andy Like R°ad (60-foot ROW) with the West line of Rtverchase Drive (60-fool ROW); Thence, .South 36' 28' 41' West, along said West line, for I distance of 15.00 feet to a point for the begir,:ting of a circular curve to the I~ft; Tit·nc·, along said West line with said circular cuwe to the lelt, having a central Ingle of 69' 0~).' 00', · radius of 930.00 feet, and · tangent length of 639.17 feet, for In Irc length of 1,119.98 feet to a point of tang·acT, Thence, South 32' 31' 19' East, continuing along said West line, for a distance of 100.00 feet to I point for the begin- ning of · circular curve to the right; _,--1~.nce, continuing along ~.td West line with said circular curve to the right, having a central Ingle of 27 57' 15", · radius o~ 1770.00 feet, and · tangent length of 440.56 ~ for In arc length of 863.57 feet to · point of reversa*curvMum to the lelt; Thence, ..c~t..inu~g ·long said West line with said circular curv~ to the left, having a beginning tangent of South 04 34' l~4" East, · central angle of 00' 22' 45", a radius of 1830.00 feet, and · tangent length of 6.05 feet, for an arc length of 12.11 feet to · ~' SIR at the Southeast (x)rner of · tract conveyed to Golf En~erprlees, Inc., as recorded in Volume 87174, Page 3449, DRDCT, and for the POINT OF BEGINNING; THENCE, continuing along said West line with said circular curve to the left, having a beginn|ng tangent bearing of South 04' 56' 49' East, · central angle of 47' 53' 42', a radius of 1,830.00 feet, and a tan- gent length of 812.76 feet, for an arc length of 1,529.75 feet to a ~' SIR at a point of reverse curvature to the right; THENCE, continuing along said West line with ~ circular curve to the right, having a beginning tangent bearing of South 52' 50' 31 · East, a central angle of 59' 18' 02", a radius of 480.00 feet, and a tangent length of 273.24 feet, for In arc length of 496.80 feet to · ~' FIR for corner, said point being a Northeast comer of said Golf Enteq)rises tract; THENCE, South 87' 25' 47' West, departing said West line and along a No,th line of said Golf Enter- pri~es tract, for a distinct, of 849.65 feet to a ~* SIR for comer;, THENCE, South 81 ' 25' 47' West, continuing along said North line, for a distance of 800.00 fe~ to l ~' SIR for comer, said point being In Interior corner of said Golf Enteq3ri.?es. tract;, ~ North 01 ' 04' 13' West, along the East line of ~aid Golf Enterprises tract, for · distance of 960.00 feet to a ~" FIR for comer, THENCE, North 14' 34' 13"We~t, continuing along Maid East line of said Golf Enterprises tract, for · distance of 770.00 feet to · ~" FIR for corner at In Interior comer of said Golf Enterprises tract; THENCe, North 88' 55' 47" F. sst, along · South line ol said Golf Enterprises tract, for · distance 590.00 feet to a ~' FIR for comer, THENCE, North 63' 25' 40" F_est, continuing along said South line, for a distance of 398.87 f~et to the POINT OF BEGINNING and containing 47.0154 acres (2,047,989 square feet) of land. EXHIBIT ''A" CONSENT AGENDA Item 16 A. Consider approval of a Resolution adopting an order calling an election for Municipal Officers to be held on Saturday, May 2, 1992 and authorizing the Mayor to sign. Be Consideration and approval of an agreement for Harris Road (extension) between Matthews Investment, H.T. Ardinger and the City of Coppell, located south of the Bethel School Road and Harris Road intersection, and north of Bethel Road, and authorizing the Mayor to sign. Consideration and approval of a final plat for Sand Point Estates Addition, located along Sandy Lake Road, east of Heartz Road, and west of Lodge Road, at the request of CCM Engineering. Consideration and approval of a final plat for Waterside Estates Addition, Phase II, located along the north side of Parkway Boulevard, and west of MacArthur Boulevard, at the request of Dowdey and Associates. Ee To consider approval of an ordinance for Case #PD-114, to change the zoning designation from (MF-1) Multi-Family-1 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 easement, and authorizing the Mayor to sign. Fe To consider approval of an ordinance for Case #PD-118 (Riverchase Estates), to change the zoning designation from (SF-9) Single-Family-9, to (PD-SF-9) Planned Development Single-Family-9, on a parcel of land located approximately 2,110 feet south of Sandy Lake Road, along the west side of Riverchase Drive, and authorizing the Mayor to sign. Consideration and acceptance and approval of the final payment in the amount of $5,079.26 to Sig-Op Systems, Inc. for the traffic signals at Denton Tap/Bethel Road intersection. He Consideration and approval of awarding Bid No. Q-1291-01 for Fire Department protective clothing as follows: (a) Award Items #1 and #2 in the total amount of $6,900.00 to Koetter Fire Protection. (b) Award Items #3, #4, #5, and #6 in the total amount of $1,821.60 to Vallen Safety Supply Company. Consideration and approval of awarding Bid No. Q-1291-03 Fire Department Fire Fighter uniforms as follows: (a) Award Items #1 and #3 in the total amount of $5,069.00 to cannon Uniforms, Inc. (b) Award Item #2 in the total amount of $6,104.00 to Workrite Uniform Co. Je (a) Consideration for awarding bids for the purchase of trucks to Ted Arendale Ford in the amount of $39,860.00. (b) Consideration for awarding bids for the purchase of trucks to Huffines Dodge in the amount of $48,305.85. CM021192 Page 7 of 10 Ke Consideration and approval to contract services to provide planning and landscape architectural services with Mesa Design Group, Inc. in the amount of $99,960.00 for the initial phase of development to the Coppell Community Park, located on the east side of Denton Tap Road and authorizing the Mayor to sign. ne Consideration of awarding bids from Goldthwaites of Texas to purchase capital equipment for the Parks and Recreation Division in the amount of $10,604.00. Me (a) Consideration for awarding a bid for the purchase of crack seal equipment to Barnsco Inc. in the amount of $21,943.00. (b) Consideration for awarding a bid for the purchase of a router to CRAFCO TEXAS, Inc. in the amount of $6,800.00. Ne Consideration and approval of awarding a contract for remodeling of Town Center in the amount of $54,000.00 to Precise Results, Inc. Oe Consideration and approval of an ordinance for a street name change from Bethel School Road, to Harris Road, for that portion of roadway located at the intersection of Harris Road and Bethel School Road to Bethel Road, at the request of Matthews Southwest Investments. Discussion and consideration of appointing one special member from the Coppell Independent School District and one special member from the Coppell Chamber of Commerce to the Economic and Business Development Board. Items 16-C, 16-D, 16-E, 16-F, 16-K, 16-N, and 16-P were pulled for individual consideration. Councilman Robertson moved to approve Items 16-A carrying resolution # 021192.1, 16-B, 16-G, 16-H, 16-I, 16-J, 16-L, 16-M, 16-O carrying ordinance # 92539. Mayor Pro Tem Smothermon 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 16-C: Planning and Community Services Director Gary Sieb made the presentation to the Council. Frank Bamburg of 743 Kings Lane also made a presentation expressing opposition to the pro-rata assessment of road improvements, and to the sewer fee since he also is required to pay MUD. Mayor Pro Tem Smothermon moved to approve the item with the following stipulations as recommended by Planning and Zoning to be incorporated on the face of the final plat: 1) waiver of maximum cul-de-sac length, 2) alleys deleted for Lots 1, 12 and 13 of Block A, 3) provision of a five foot utility easement along front of Lots 16 and 17 of Block A, 4) finished floor elevation of 475.0 shown on Lots 2 and 3 of Block B, 5) all development fees paid; and 6) escrow agreement be approved between the developer and the City. Councilman Morton 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 16-D: Planning and Community Services Director Gary Sieb made the presentation to the Council. Bill Anderson representing applicant Dan Dowdy & Associates, also made a presentation. Councilman Weaver moved to approve the item with the following conditions as recommended by Planning and Zoning to be incorporated on the face of the plat and the zoning designation being shown: CM021192 Page 8 of 10' ~ '"!'~i ~,.~'~ plan on the final plat regarding landscaping; 2) 4 foot wrought iron fence; 3) simplified statement as to homeowners dues to the homeowners association; 4) that 50% of the houses which back up to Greentree and Meadowglen Circle be single story homes, and that 25% of the houses overall be single story; and 5) there be a 2100 square foot minimum house size. 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 16-E: Mayor Pro Tem Smothermon excused himself due to conflict of interest and withdrew from Council at this time. Planning and Community Services Director Gary Sieb discussed this item with the Council. Councilman Nelson moved to approve the item. The motion died for lack of a second. Councilman Weaver moved to deny Item 16-E. Councilman Thomas seconded the motion. The motion to deny carried 4-2 with Councilmen Weaver, Thomas, Cowman, and Robertson voting in favor of the motion; and Councilmen Morton and Nelson voting against the motion. Mayor Wolfe stated that he would like to be on record as strongly opposing the denial. Item 16-F: Mayor Pro Tem Smothermon had withdrawn from Council at the beginning of Item 16-E. Councilman Nelson moved to approve the item 16-F carrying Ordinance 91500-A-7. Councilman Morton seconded the motion. The motion carried 6-0 with Councilmen Weaver, Thomas, Morton, Cowman, Robertson, and Nelson voting in favor of the motion. Mayor Pro Tem Smothermon returned to Council at this time. Item 16-K: Concerns were expressed by Council relating to some of the costs submitted. Councilmen Robertson and Thomas were requested to discuss the item with staff as Park Board Liaisons. Councilman Robertson moved to table the item to 2-25-92. Councilman Weaver 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 16-N: Councilman Nelson expressed concerns about cost in excess of budgeted amount coming out of fund balance, and suggested that these items should go through the Finance Committee before consideration by Council. Councilman Nelson moved to table the item to 2-25-92. Mayor Pro Tem Smothermon seconded the motion. The motion carried 6-1 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Cowman, Robertson, and Nelson voting in favor of the motion. Councilman Morton voted against the motion. Item 16-P: Councilman Robertson moved to appoint Roy Brock from Coppell Independent School District and Vicki Hart from the Coppell Chamber of Commerce to the Economic and Business Development Board. 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. EXECUTIVE SESSION (Closed to the Public) Item 5-ES A. Article 6252-17, Section 2 (f), discussion concerning the negotiating position of the City with respect to agreements involving interests in land and the value of real property. 1. Roy Brock, Lot 8&9, Block F, Northlake Woodlands #12 Be Article 6252-17, Section 2 (e), Senate Concurrent Resolution Number 83, discussion with City Attorney concerning matter involving privileged communications between attorney and client. 1. D/FWAirport Expansion 2. Legal position of City Council concerning CM021192 Page 9 of 10