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PD145CH-AG 950926 ------ AGENDA REQUEST FORM CITY CO~CI~ MEETING: Septe~er 26, 1995 ITEM ~ ITEM CAPTION= Consideration and approval of an Ordinance, with special conditions, for Case No. PD-145, to change the zoning from TH-1 (Townhouse-1) to Planned Development (Planned Development), for a 24.6 acre tract of property located on the west side of MacArthur Boulevard, south of Sandy Lake Road (Woodridge Addition, Section Five and Block I and Lots 1-26 of Block J of Sectio.n~f~f~q~~orizing the Mayor to sign. SUBMITTED~: Gary n. sie~Al~A~ f~/q':¢f' ~. STAFF CO~ENTS: ~ This zoning change was approved hy Council on August 22, 1995. STAFF RECOMMENDATION Approval ~ Denial EXPLANATION: BUDGET AMT.$ ~/~ AMT. EST.$ +/- BUD:$ FINANCIAL COMMENTS: 4~f~ CITY MANAGER REVIEW: FINANCIAL REVIEW: Agenda Request Form = Revised 1/94 Pm "~ok~mmd" IXq:Cr ~ prlmcr- AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ¥ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND I~L~P OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "TH-l" (TOWNHOUSE RESIDENTIAL) TO "P.D. 145" (PLANNED DEVELOPMENT), FOR SINGLE-FAMIIN RESIDENTIAL USE WITH SPECIAL CONDITIONS, ON A 24.6 ACRE TRACT OF LAND LOCATED ON THE WEST SIDE OF MACARTHUR BOULEVARD, SOUTH OF SANDY LAKE ROAD, COPPELL, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR THE APPROVAL OF THE DEVELOPMENT CONDITIONS AS SHOWN IN EXHIBIT "B"; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN AS SHOWN IN EXHIBIT "C"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FLNE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of 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 ail persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Case #ZC- 581(CH) 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 COPPELL, 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 to grant a change in zoning from "TH-l" (Townhouse Residential) to "P.D. 145" (Planned Development), for single-family residential use with special conditions, on a 24.6 acre tract of land located on the west side of MacArthur Boulevard, south of Sandy Lake Road, Coppell, Dallas County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the above change in zoning is hereby granted, subject to the following special conditions: 1. The property shall be developed and used only in accordance with the schedule of use, height, area, dwelling size, lot coverage, parking, exterior construction, outside storage and mechanical equipment regulations attached hereto as Exhibit "B", and made a part hereof for all purposes. 2. The property shall be developed and used only in accordance with the Detail Site Plan, attached hereto as Exhibit "C", attached hereto and made a part hereof for all purposes. SECTION 3. That the Schedule of Regulations as shown in Exhibit "B" and the Detail Site Plan as shown in Exhibit "C", attached hereto and made a part hereof for all purposes, be, and the same 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. 2 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 decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. That an offense committed before the effective date of this ordinance is governed by the 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, 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 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 from and after its passage and the publication of its caption, as the law and charter in such cases provide. 3 DULY PASSED by the City Council of the City of Coppell, Texas, this the ~z~; ~d~y APPROVED: RTON, MAYOR AT'FEST: LII~DA GRAU, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMITH, CITY ATTORNEY 4 EXHIBIT "A" WOODRIDGE SECTION FIVE AND PART OF SECTIONS ONE AND TWO A tract of land situated in the City of Coppell, Dallas County, Texas, and lying in the James Parrish Survey, Abstract No. 1139, and being more particularly described as follows: COMMENCING at the Northeast corner of Phase II Northlake Woodlands East Addition, an addition to the City of Coppell as recorded in Volume 83112, Page 4208, of the Map Records of Dallas County, Texas, said corner being within the right-of-way of Sandy Lake Road; THENCE North 89° 28' 00" East a distance of 970.56 feet to the POINT OF BEGINNING, said point being within the Northerly extension of the most Northerly centerline of the right-of-way of Mapleleaf Lane; THENCE, North 89° 28' 00" East, within the right-of-way of Sandy Lake Road, a distance of 2,014.68 feet to a point for corner; THENCE, South 04° 34' 45" East a distance of 100.25 feet to the Northeast corner of Woodridge Section Five Addition, an addition to the City of Coppell as recorded in Volume 81180, Page 3317, of the Map Records of Dallas County, Texas; THENCE, continuing South 04° 34' 45" East a distance of 76.52 feet to the beginning of a tangent curve to the left; THENCE, along said curve to the left, having a central angle of 14° 03' 22" and a radius of 1250.00 feet, an arc distance of 306.66 feet to a point for corner, said point being in the North right-of-way line of Mapleleaf Drive; THENCE, along the North right-of-way line of Mapleleaf Drive: South 67° 32' 21" West, a distance of 148.16 feet to the beginning of a tangent curve to the right; Along said curve to the right, having a central angle of 21 o 55' 39" and a radius of 320.00 feet, an arc distance of 122.47 feet to the point of tangency with a line at the end of said curve; Along said line South 89° 28' 00" West a distance of 1,518.96 feet to the beginning of a tangent curve to the right; Along said curve to the right, having a central angle of 32° 01' 03" and a radius of 280 feet, an arc distance of 157.46 feet to a point for corner in the centerline of an alley right-of-way the Southeastern boundary of which alley right-of-way is the same as the Southeastern boundary of the Replat of Woodridge Section One Addition, an addition to the City EXHIBIT "A" of Coppell as recorded in Volume 81181, Page 0019, of the Map Records of Dallas County, Texas, said point being in a curve to the right the radius of which bears at that point South 64° 21' 16" East to its centerpoint; THENCE, following the centerline of said alley right-of-way, along said curve to the right, having a central angle of 25° 22' 28" and a radius of 290.00 feet, an arc distance of 128.43 feet to a point for corner in the centerline of an intersecting alley right-of-way; THENCE, along the centerline of said intersecting alley right-of-way, the following: North 38° 58' 48" West a distance of 54.06 feet to a point at the beginning of a tangent curve to the right; Along said curve to the right, having a central angle of 10° 57' 05" and a radius of 100.00 feet, an arc distance of 19.11 feet to the point of tangency with a line at the end of said curve; Along said line North 28° 01' 43" West a distance of 55.04 feet to a point at the beginning of a tangent curve to the right; Along said curve to the right, having a central angle of 27° 29' 43" and a radius of 100.00 feet, an arc distance of 47.99 feet to the point of tangency with a line at the end of said curve; Along said line North 00° 32' 00" West a distance of 64.54 feet to a point for corner in the centerline of the right-of-way of Sugarberry Drive; THENCE, along the centerline of said Sugarberry Drive right-of-way, South 89° 28' 00" West a distance of 160.00 feet to a point for corner in the centerline of the right- of-way of Mapleleaf Lane; THENCE, along said centerline of the Mapleleaf Lane right-of-way, North 00° 32' 00" West a distance of 195.00 feet to the POINT OF BEGINNING; and containing approximately 24.6 acres of land. EXHIBIT "B" PART OF WOODRIDGE SECTION ONE PART OF WOODRIDGE SECTION TWO WOODRIDGE SECTION FIVE, PLAN~ED DEVELOPMENT DISTRICT A. Use Regulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in the "SF-7" District of the Coppell Comprehensive Zoning Ordinance. 2. Home occupations. 3. Such uses as may be permitted under the provisions of special use permits in the Sections 30-5 and 30-6 of the Coppell Comprehensive Zoning Ordinance. B. Height Regulations: Thirty-five (35) feet, no more than two and one-half (2-1/2) stories high. C. Area Regulations: 1. Minimum Size of Yards: (A) Front Yard: Twenty-five (25) feet. CB) Side Yard: No interior side yard is required, however, a building separation of ten (10) feet shall be observed between structures. A side yard adjacent to a street shall not be less than fifteen (15) feet. Side yard for non-residential structures shall not be less than twenty- five (25) feet. Any required off-street parking within the side yard area on a corner lot shall observe a twenty (20) foot side building line. (C) Rear Yard: Twenty (20) feet. (B) Lot Width: Forty-five (45) feet. (C) Lot Depth: One hundred fifteen (115) feet. D. Minimum Dwelling Size: One thousand (1,000) square feet, exclusive of garages, breezeways, and porches. E. Lot Coverage: In no case shall more than seventy (70%) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. EXHIBIT "B" F. Parking Regulations: Two (2) off-street spaces per unit located 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 of the Coppell Comprehensive Zoning Ordinance. Where lots are adjacent to an alley, the parking area must be accessed off the alley only. No parking shall be allowed within the front yard. G. Type of Exterior Construction: At least eighty (80%) percent of the exterior walls of all structures shall be of masonry construction (see Section 42-80 of the Coppell Comprehensive Zoning Ordinance) exclusive of doors and 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. H. Outside storage areas shall be enclosed and screened from public view. I. Mechanical Equipment: Mechanical equipment shall be constructed, located and screened so as not to interfere with the peace, comfort and repose of the occupant(s) of any adjacent building or residence. EXHIBIT "C" 5. Pledge of Allegiance. Mayor Morton led those present in the Pledge of Allegiance. 6. Citizen's Appearances. Joe Shirley, 582 Villawood, addressed the Council concerning Consent Agenda Item 9 C. At this time Mayor Morton read for the record a Proclamation naming September 25-29, 1995 as Police Appreciation Week and presented the Proclamation to Police Chief David Miller. 7. Consider approval of a Proclamation naming Saturday, September 30, 1995 as COPPELL EAGI.E SCOUT APPRECIATION DAY HONORING JEREMIAH BROWN, KEVIN JENSEN, AND MICHAEL OWEN, and authorizing the Mayor to sign. Mayor Morton read for the record a Proclamation naming Saturday, September 30, 1995 as Coppell Eagle Scout Appreciation Day and presented the Proclamation to Jeremiah Brown, Kevin Jensen and Michael Owen. 8. Swearing-in of a Representative, and Alternate, to the American Red Cross and new members to the City's Boards, Commissions and Committees. Mayor MorWn conducted the swearing-in of the new appointees to the City's Boards, Commissions and Committees. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: September 12, 1995. B. Consider approval of a Resolution of the City of Coppell, Texas, appointing the Assistant Finance Director and the Accountant for the City of CoppeH as additional Investment Officer and authorizing the Mayor to sign. CM092695 Page 2 of 7 C. Review and consideration of an Arbitrage Report Agreement with Alan Johnson, C.P.A. D. 1. Consider approval of an Ordinance amending Section 18 of the Code of Ordinances to provide that various fees of the City shall be established by resolution of the City Council; and authorizing the Mayor to sign. 2. Consider approval of a Resolution of the City Council establishing various fees; and authorizing the Mayor to sign. E. Consider approval of an Ordinance, with special conditions, for Case No. PD-137, to change the zoning from SF-0 (Single Family, Zero Lot Line) to Planned Development (Planned Development), for a 30.8395 acre tract of property located on the east side of MacAl-thur Boulevard, south of DeForest Road (Rain~ Village Addition), and authorizing the Mayor to sign. F. Consider approval of an Ordinance, with special conditions, for Case No. PD-138, to change the zoning from SF-0 (Single Family, Zero Lot Line) to Planned Development (Planned Development), for a 20.013 acre tract of property located on the northeast side of Mae. Arthur Boulevard, south of DeForest Road (Villages of Coppell Addition, Phase I), and authorizing the Mayor to sign. G. Consider approval of an Ordinance, with special conditions, for Case No. PD-139, to change the zoning from SF-0 (Single Family, Zero Lot Line) to Planned Development (Planned Development), for a 15.3682 acre tract of property located on the northeast side of MacArthur Boulevard, south of DeForest Road (Villages of Coppell Addition, Phase H), and authorizing the Mayor to sign. H. Consider approval of an Ordinance, with special conditions, for Case No. PD-140, to change the zoning from SF-0 (Single Family, Zero Lot Line) to Planned Development (Planned Developmen0, for a 40.9814 acre tract of property located on the northeast side of MacArthur Boulevard, south of DeForest Road (Villages of Coppell Addition, Phases IH-A&B; IV-A&B), and authorizing the Mayor to sign. I. Consider approval of an Ordinance, with special conditions, for Case No. PD-141, to change the zoning from SF-0 (Single Family, Zero Lot Line) to Planned Development (Planned Developmen0, for a 96.886 CM092695 Page 3 of 7 acre tract of property located on the west side of Samuel Boulevard, north of Parkway Boulevard (Parkwood Addition, Sections 1, 2, & 3), and authorizing the Mayor to sign. J. Consider approval of an Ordinance, with special conditions, for Case No. PD-142, to change the zoning from TIt-2 (Townhous~2) to Planned Development (Planned Development), for a 43.609 acre tract of property located on the west side of Moore Road, north of Parkway Boulevard (Park Meadow Addition, Sections l&2), and authorizing the Mayor to sign. K. Consider approval of an Ordinance, with special conditions, for Case No. PD-143, to change the zoning from TH-2 (Townhous~2) to Planned Development (Planned Development), for a 17.736 acre tract of property located on the west side of Lodge Road, south of Parkway Boulevard (Parkview Addition), and authorizing the Mayor to sign. L. Consider approval of an Ordinance, with special conditions, for Case No. PI)-144, to change the zoning from TH-2 (Townhouse-2) to Planned Development (Planned Development), for a 39.957 acre tract of property located on the west side of Moore Road, south of Parkway Boulevard (Sherwood Park Addition, Sections l&2), and authorizing the Mayor to sign. M. Consider approval of an Ordinance, with special conditions, for Case No. 1'I)-145, to change the zoning from TH-1 (Townhonse-1) to Planned Development (Planned Development), for a 24.6 acre tract of property located on the west side of MacArthur Boulevard, south of Sandy Lake Road (Woodridge Addition, Section Five and Block I and Lots 1-26 of Block J of Sections l&2), and authorizing the Mayor to sign. N. Consider approval of an Ordinance amending Sections 31, 33, 34, 42, and Appendix 1 through $ of the City of Coppeil Zoning Ordinance with regard to parking and landscape requirements, and authorizing the Mayor to sign. O. Consider approval of an Ordinance for Case No. ZC-582(CH), to change the zoning from TH-1 (Townhouse-1) to SF-7 (Single Family-7), for a 1.2 acre tract of property located on the east side of Mapleleaf Lane, south of Sugarberry Drive (Woodridge Addition, Section One, Lots 27-30, Block J-), and authorizing the Mayor to sign. CM092695 Page 4 of 7 Item 9 C was pulled to be placed on the October 10, 1995 City Council Agenda as a regular item. Item 9 D was pulled for future consideration. Item 9 A, B, E, F, G, H, I, J, K, L, M, N and O -- Mayor Pro Tem Robertson moved to approve Consent Agenda Items 9 A, B carrying Resolution No. 0926.95.1, E carrying Ordinance No. 91500-A-96, F carrying Ordinance No. 91500-A-97, G carrying Ordinance No. 91500-A-98, H carrying Ordinance No. 91500-A-99, I carrying Ordinance No. 91500-A-100, J carrying Ordinance No. 91500-A-101, K carrying Ordinance No. 91500-A-102, L carrying Ordinance No. 91500-A-103, M carrying Ordinance No. 91500-A-104, bl carrying Ordinance No. 91500-A-105 and O carrying Ordinance No. 91500-A-106. Councilmember Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. 10. PUBLIC HEARING (Continuation): To receive public comment concerning the Proposed 1995-96 Municipal Budget. Mayor Morton announced that the Public Hearing remained open from the City Council Meeting of September 12, 1995. Mayor Pro Tem Robertson spoke regarding the City's financial operations and announced that the Finance Committee was proposing a flat tax. Councilmember Sheehan discussed the budget process of the City. City Manager Jim Witt also addressed the issue of the budget process. Mayor Morton asked for persons to speak in the Public Hearing. Dean Wilkerson, 538 Rolling Hills Road; Mike Carroll, 318 Parkwood; Greg W'mchester, 737 Robin Lane; Bill Smothermon, 408 Greenridge; and Peyton Weaver, 701 Dove Circle addressed the Council. Mayor Pro Tern Robertson moved to close the Public Hearing. Couneilmember Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. 11. PUBLIC HEARING (Continuation): To receive public comment concerning a proposal to increase total tax revenue by .00963 per $100 of taxable value; and, designate a date and time to vote on the tax rate. Mayor Morton announced that the Public Hearing remained open from the City Council Meeting of September 12, 1995. Mayor Morton advised that the caption of this item is in error and that there was no increase sought. Mayor Morton complimented the Finance Committee and City Manager Jim Witt concerning the budget process. Mayor Morton asked for persons to speak in the Public Hearing. No one wished to speak. Mayor Pro Tem Robertson moved to close the Public Hearing and set the tax rate at the current rate and set a Special Council Meeting for CM092695 Page 5 of 7