PD133R-AG 980210 AGENDA REQUEST FORM
~ CITY COUNCIL MEETING: February 10, 1998 ITEM # ~
ITEM CAPTION:
Consider approval of an Ordinance for Case No. PD-133R, Maqnolia Park,
amending the Site Plan for property zoned PD-SF-9, SF-12, HC & FP to allow
for the deletion of alleys for Lots 8-10, 27-35, Zone A and to increase the
rear building line from 20 feet to 35 feet for Lots 34-36, Zone A, and
authorizing the Mayor to sign. This Planned Development is located at the
southwest corner of Denton Tap Road and Spur 553.
SUBMITTED~: 'Gary L. Sieb 9
TITL~ D_ir~._c.~_Q2r._~of~.~ng and Community Services
STAFF RECOMMENDS ~ ..... Approval _X Denial
STAFF COMMENTS:
This amendment was granted by Council on December 9, 1997, by a vote of
6-1. Councilmember Tunnell opposed.
..... ~_ - ~ :./ ..... ~', ~
!
DIR. INITIALS: FIN. REVIEW CITY MANAGER REVIEW:
Agenda Request Form - Revised 1/97 Document Name PD133R.pz
AN ORDINANCE OF ~ CITY OF COPPELL~ TEXAS
ORDINANCE NO. ~?'/~"~' A~ -/£ '7
AN ORDINANCE OF THE CITY OF COPPEI,I~ TEXAS,
AMENDING THE COMPREI:ri~.NSIVE ZONING ORDINANCE AND MAP
OF TreE. CITY OF COPPEIJ., TEXAS, AS HERETOFORE AM-ENDED, BY
AMENDING THE SITE PLAN FOR LOTS 8-10, 27-35 ZONE A TO DEI,ETE
AI,I,EYS AND TO INCREASE THE REAR BUll,DING I,INE FROM 20 TO
35 FEET FOR LOTS 3436, ZONE A, FOR PROPERTY ZONED "PD-SF 9,
SF-12," "HC" & "FP" (PLANNED DEVELOPMENT, SINGLE FAMILY-9,
SINGIJE FAMILY-12, HIGHWAY COMMERCIAL AND FLOOD PLAIN)
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR
DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF
TWF~ AMENDED. SITE PLAN, AMENDED DEVELOPMENT CONDITIONS
FOR PLANNED DEVELOPMENT-133 AND ZONING EXH~IT
ATTACHED HERETO AS EXHIBITS "B", AND "C", RESPECTIVELY;
PROVIDING A REPEAIJNG CLAUSE; PROVIDING A SEVERABIL1TY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DO~
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHE~S, the City Planning and Zoning Commission and the governing body of the City of
Coppell, Texas, in compliance with the laws of the State &Texas and pursuant to the Comprehensive
Zoning Ordinance 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, and
to all persons interested and situated in the affected area and in the vicinity thereof~ the said governing
body is of the opinion that Zoning Application No. PD-133R should be approved, and in the exercise
of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be
amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPEI J., TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended by amending the Site Plan for Lots 8-10, 27-35, Zone A to delete
alleys and to increase the rear building line fi-om 20 feet to 35 feet for Lots 34-36, zone A for the
property zoned "PD-SF-9, SF-12", "HC", and "FP" (Planned Development, Single Family-9, Single
Page -1-
Family-12, I-fighway Commercial and Flood Plain) and being more particularly described in Exhibit
"A" attached hereto and made a part hereof for all purposes.
SECTION 2. That the pmpertst shall be developed and used only in accordance with the Site
Plan as amended, Exhibit B, and the Development Conditions for Planned Development-133 as
amended herein:
(A) That the property shall be developed and used so that each lot shall have a minimum
30' front-yard setback for Zone B which is comparable to "SF-12" Zoning District;
(B) That the property shall be developed and used so that each lot shall have a minimum
25' front-yard setback for Zone A which is comparable to a"SF-9" Zoning District;
(C) That the property shall be developed and used so that each lot shall have a minimum
110' lot depth;
(12)) That the property shall be developed and used so that each lot shall have a 35% lot
coverage;
(E) That the property shall be developed and used so that each front-entry lot shall have
swing-entry garages;
(F) That the property shall be developed and used so that the Homeowners' Association
shall be respons~le for maintaining the common areas;
(G) That the property shall be devdoped and used so that a foot bridge is constructed to
the park land area;
(H) That the property shall be developed and used so that each lot shall have the "average"
size of lot be changed to "minimum";
(I) That the property shall be devdoped and used so that each lot shall have a minimum lot
width of seventy (70) feet and an average lot width of seventy-five (75) feet in Zone A;
Page -2-
(J) A detailed site plan be submitted at the time the Preliminary Plat is submitted for
approval;
CK) That the property shall be developed and used only with the alleys as shown on Site
Plan;
(L) That Lot 51 shall be eliminated and the alley shall be connected to the abutting street;
(M) That the developer shall cooperate with the City of Coppell to pursue a grant for the
donation ora park land site and improvements;
(lq) That the developer shall lay and install bermuda turf'grass in the park land site;
(O) That the developer shall provide i plan for the installation and maintenance of an
automated irrigation system to be installed at or near the playground as shown on the
approved Site Plan;
(P) That all playground specifications shall be coordinated with and approved by the City
of Coppell Parks and Recreation Division to ensure the same are accessible to
challenged individuals;
(Q) That the property shall be developed and used so that the developer/owner of the
property zoned herein shall provide additional access for a pedestrian/bike trail along
the Denton Tap Road as it is widened if the pedestrian/bike bridge across Denton
Creek is not approved;
(R) That the property shall be developed and used so that aeration fountains are installed in
the two (2) lakes as shown on the approved Site Plan and thereafter maintained by the
developer and the Homeowner's Assodation;
(S) That the developer and Homeowner's Assodation shall cooperate with the City of
Coppell to fwali?e improvements to the proposed park land site;
Page -3-
(T) Lots 8-10, 2%35 Zone A may be developed without alleys;
(U) The building line for Lots 34-36, Zone A is increased from 20 feet to 35 feet;
(V) All development conditions as amended shall appear on the face of the Zoning Exhibit
attached hereto as Exhibit "C";
(W) An additional egress near Lot 1, Block A, onto the State Highway 121 Bypass be
designed and approved by City staff}
SECTION;3. That the amended Site Plan, and Development conditions for Planned'
Development-133 attached.hereto as Exhibits 'qB" and "C", respectively, and made a part hereof for all
purposes, are hereby, approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5. That all provisions of the Comprehensive Zoning 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 provisions not in conflict with the provisions of this ordinance shall remain in full force
and effect.
SECTION 6. That should any sentence, paragraph, 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 derided to
be unconstimtiona[ illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
Page -4- ss~s3~
SECTION 7. An offense committed before the effective date of'this ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 8. That any person, finn or corporation violating any of'the provisions or terms of
this ordinance shall be subject to the same penal~ as provided for in the Comprehensive Zoning
Ordinance of'the City of Coppell, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every'
day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 9. That this ordinance shall take effect immediately fi.om and at, er its passage
the publication of'its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of' Coppell, Texas, this the /~/-~ day of
/~r ~ ~J ,1998.
~/~ROVED: /'-' ,,
¥OP.
ATrEST:
KATHLEEN ROACH, crrY SECRETARY
APPROVED AS TO FORM:
PETER G. SMITH, CITY ATTORNEY
(PGSml
Page -5-. ~lJ:}J~
~ '01/20/98 15:19 CITY 06" COPPELL ENGINEERING -~ 214 965 0010 N0.631 Q15 -- JP~ 16 '98 14:50 FR NICHOLS JCKSON DLLRD 214 965 0010 TO C~P~ PZ I~.B8,'89
BEING'a Crac~ ~f l~d sit~ed in ~he Clari. n~ ~ires
~sCrac= No. 1327 Ln ~he City of Coppell, Dallas Co,cF, T~s
being par~ of a =race of l~d as =onv=yed ~o B~Vlus Savin~s
Associa=ion by a deed reco~d in Vol~e 2583, ~age 245 of ~ Deed
~cord~ of D~ton Cu~=y~ Te~s ~d being ~re
d, scri~d as ~follows:
BEGI~NG a= a poin~ for co,er a= t~ in~erstc=ion of
west line of DenUon Tap Road (a v~i~le widUh right-of-way)
=he proposed south lane ~ S=a=e ~ghway No. 121 (a
variable wid=h ri~h=-of-way);
T~CE SO~, 1248.11 ~ee~ alon~ =he said wes= line o~ Denton
Tap Road Co a poin= for co,er;
~~ S. 05'43'00' W.. 100.S0 fee~ concinui~ aloeS=he said
~s= line of ~n=on Tap ~ad =o a ~ for
~CE SO~, ~90.00 feet alo~ ~ said wes= lLn, of
Tap Road =o a poinE for co--r, said ~inu being in =he cencerli~
~CE along =he ~aid cence~l~ne of'Den=on Cretk =he ~ollow~
course~ and dis=~ces; N. 86'46'35u W., 119.53 fee= ~o a po~= ~or
corner;
TH~CE N. 66'46'27' W., 291.60 fee= ~o a poin= for
T~ N. 55'47'2t' w., 193.50 ~ee= co a poin= for co--r;
TH~CE N. 43'03'2~" W., 3S9.50 fee= Eo a point for
THEN~ N. 37'13'26' W., 298.68 fee= =o a poln= for corner;
T~ N. 62'33'11" W., 166.~4 ~ee= ~o a poin= for
~~ N. 87'11'44" W., 102.11 f~= =o a point for co,er;
~~ S. ~8'37'59' W., 35.31 fee~ =o a poin= ~or co,er;
T~ S. 45'50'51" W., 234.76 feet =o a point for
T~CE S. 81'41'17" W., 231.49 fee= =o a poin= ior corner~
THEN~ N. 83'40'51" W.. 396.6~ fee= Eo a poin~ for
T~NCE N. 63'24'34" W., 1~3.68 fee~ con=inuing along =he said
cen~erline of Denton Creek ~o a point for
~ENCE N. 00' 0~' 25" E., 2058.22 fee~ leaving ~he
cen=erline of DenUon Creek to a poin= for co,er, said ~oin~ being
on the pro~sed sou=h line of said S=a=e Highway 121;
T~CE alon~ =he said 9ropo~ed sou~h line of S=a=e ~ghway 121
~he followin~ courses ~d ~s=~ces; S. 64'SS'06= E., 103.83
to a poin= for co~er~
T~N~ S. S6'49'12' E., 119.79 fee~ co a poin~ for
T~NCE S. 66'22'06= E., 713.44 fee= to a poin= for
T~CE S. 64'57'59' E., 1419.98 fee~ =o a point fo= CO,er;
THENCE S. 47'40'0~" E., 36.29 feec Co a ~in= for
TH~CE S. 89't7'17" E., 9.92 ~ee= con=inuing along the
'proposed sou=h line of S=a=e Highway No. 121 ~o =he Poin=
Begi~ing and con=~ining 88.009 acres (3. 833,6S6 s~are fee~) o~
land.
.TAN 20 '98 15:30 214 304 35?0 PAGE. 15
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MAGNOLIA PARK COMPly LIMITED ~- ZONING EXHIBIT
AMENDED DEVELOPMENT CONDmONS
FOR PLANNED DEVELOPMENT 133
(A) That the property shall bo developed and used so that each lot shall have a minimum
30' fi.ont-yard ~tback for Zone B which is comparable to "SF-12" Zoning DisUict;
(B) That the property shall be developed and used so that each'lot shall have a minimum
25' fi.ont-yard setback for Zone A which is comparable to a "SF-9" Zoning Disuict;
(C) That the property shall be developed and used so that each lot shall have a minimum
110' lot depth;
(D) That the property shall be developed and used so that each lot shall have a 35% lot
coverage;
(E) That the property shall be developed and used so that each fi.om-entry lot shall have
(F) That the property shall be developed and used so that the Homeowners' Association
shall be responsible for maintaining the common areas;
(G) That the property shall be developed and used so that a foot bridge is constructed to
the park land area;
(H) That the property shall be developed and used so that each lot shall have the 'average"
size of lot be changed to "minimum";
(1) That the property shall be developed and used so that each lot shall have a minimum lot
width ofseveoty (70) feet and an average lot width of seventy-five (/5) feet in Zone A;
(3) A deufiled site plan be submitted at the time the Prdimim~ Plat is submittal for
approval;
(K) That the property shall be developed and used only with the alleys as shown on Site
AMENDED DEVELOPMENT CONDITIONS
FOR PLANNED DEVELOPMENT 133
(L) That Lot 51 shall be eliminated and the alley shall be connected to the abutting street;
(M) That the developer shall cooperate with the City of Coppell to pursue a grant for the
donation ora park land site and improvements;
(N) That the developer ~ lay and install bermuda tuff Brass in the park land '.~e;
(O) That the developer shall provide a~ plan ~or ~ installatiOn and maintenance of. a~
automated irrigation system to be installed at or near the playground as shown on the
approved Site Plan;
That all playground spec~ons shall be coordinated ~ and approved by the City
of' Coppell Parks and Recreation Division to ensure the same are acces.~'ble to
challenged individuals;
(Q) That the property sh~ be developed and used so that the developer/owner of. the
property zoned herein shall provide additional access for a pede~rian/bilce trail a~ong
~ Denton Tap Road as it is widened R' the pedest~an/bike bridge across Denton
Creek is not approved;
(R) That the property shah be developed and used so that aeration fountains are installed in
the two (2) lakes ~s s~own on the approved Site Plan and thereafter maintained by the
developer and the Homeowner's Association;
(S) That the developer and Homeowner's Assoc~ion shall cooperate with the City of'
Coppeil to ~udi~,~. improvements to the proposed park land site;
(T) Lots 8-10, 27-35 Zone A may be developed without ~eys;
(U) The building ~ t'or Lots 34-36, Zone A is increased ~'om 20 feet to 35 ~eet:
EXKIBI~Y
AMENDED DEVELOPMENT CONDITIONS
FOR PLANNED DEVELOPMENT 133
(V) All development conditions as amended shall appear on the face of th~ Zoning Exl~it
attac, l~ hereto as Exhibit "C";
(W) An additional egress near I.~ 1, Block A, onto the State Iaighway 121 Bypass be
designed and approved by City statP,