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PD138(CH)-AG 950926 AGENDA REQUEST FORM CITY COUNCIL MEETING: September 26, 1995 ITEM # ~_~ ITEM CAPTION: Consideration and 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 MacArthur Boulevard, south of DeForest Road (Villages of Coppell Addition, Phase I), and aut~~q~~or to sign. SUBMITTED BY~ L. Sieb ~ C 6/~ TITLE: Dir. of Planning a Comm. ~er~. INITIALS~)' STAFF CO~ENTS: This zoning change was approved by Council on August 22, 1995. STAFF RECOMMENDATION Approval ~ Denial EXPLANATION: AMT.$ ~/~ AMT. EST.$ +/- BUD:$ BUDGET FINANCIAL COMMENTS: FINANCIAL REVIEW: ~ CITY MANAGER REVIEW: Agenda Request Form - Revised 1194 / ~ ·gol,tc,~d' ~ in m~m~~ V/ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS - 9 ? AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "SF-0" (SINGLE- FAMILY RESID~L - ZERO LOT LINE) TO "P.D. 138" (PLANNED DEVELOPMENT), FOR SINGLE-FAMIIN RF_~IDENTIAL USE WITH SPECIAL CONDITIONS, ON A 20.013 ACRE TRACT OF LAND LOCATED ON THE NORTHEAST SIDE OF MACARTHUR BOULEVARD, SOUTH OF DEFOREST ROAD, COPPELL, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBI~Jr~ IN EXHIBIT "A"; PROVIDING FOR THE APPROVAL OF THE DEVELOPMF~NT 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 FINE 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 Coppcll, 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 all 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- 574(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 "SF-O" (Single- Family Residential - Zero Lot Line) to "P.D. 138" (Planned Development), for single-family residential use with special conditions, on a 20.013 acre tract of land located on the northeast side of MacArthur Boulevard, south of DeForest 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 and exterior construction 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. 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 2 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, f'mn 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. DULY P,~,SSED by the City Council of the City of Coppell, Texas, this the ~ ~ay APPROVED: TOM MORTON, MAYOR ATTEST: L~D~ GRAU, CITY SECRETARY 3 APPROVED AS TO FORM: PETER G. SMITH, CITY ATTORNEY 4 EXHIBIT "A" VILLAGES OF COPPELL PHASE I A tract of land situated in the City of Coppell, Dallas County, Texas, and lying in the Patience Piles Survey, Abstract No. 1137, and being more particularly described as follows: COMMENCING at a ½-inch iron rod found for corner atthe intersection of the South right-of-way line of DeForest Road and the East right-of-way line of Samuel Boulevard; THENCE, East for a distance of 1,159.77 feet to a point; THENCE, South for a distance of 1,265.02 feet to the TRUE POINT OF BEGINNING, said point also being the most Southerly corner of Raintree Village Addition, an addition to the City of Coppell as recorded in Volume 86132, Page 2311, of the Map Records of Dallas County, Texas; THENCE, North 27° 22' 22" East, a distance of 435.39 feet to a Y=-inch iron rod set at the beginning of a circular curve to the left; THENCE, along said circular curve to the left, having a central angle of 15 o 57' 07", a radius of 962.51 feet, and a tangent length of 134.86 feet, for an arc length of 267.98 feet to a ~-inch iron rod set for corner; THENCE, South 78° 34' 45" East, a distance of 135.71 feet to a ~-inch iron rod set for corner; THENCE, South 64° 44' 35" East, a distance of 63.86 feet to a ~-inch ~ron rod set for corner; THENCE, North 78° 37' 40" East, a distance of 194.81 feet to a Y2-inch ~ron rod set for corner; THENCE, North 82° 52' 32" East, a distance of 78.49 feet to a ~-inch iron rod set for corner; THENCE, South 61 o 55' 13" East, a distance of 82.04 feet to a Y2-inch ~ron rod set for corner; THENCE, South 26° 19' 38" East, a distance of 83.29 feet to a ~-inch ~ron rod set for corner; THENCE, South 35° 03' 57" East, a distance of 125.25 feet to a ~-inch ~ron rod set for corner; THENCE, South 43° 31' 21" East, a distance of 272.71 feet to a Y~-inch ~ron rod set for corner; EXHIBIT "A" THENCE, South 26° 33' 54" West, a distance of 100.08 feet to a ~-inch ~ron rod set for corner; THENCE, South 38° 39' 35" East, a distance of 174.62 feet to a Y2-inch ~ron rod set for corner; THENCE, South 21 o 02' 15" East, a distance of 60.96 feet to a Y2-inch ~ron rod set for corner; THENCE, South 05 o 42' 38" East, a distance of 101.98 feet to a ~-inch ~ron rod set for corner; THENCE, South 26° 33' 54" East, a distance of 43.89 feet to a ¥2-inch ~ron rod set for corner; THENCE, South 27° 11' 33" West, a distance of 385.67 feet to a ~-inch iron rod set for corner in the North right-of-way line of MacArthur Boulevard; THENCE, North 62° 37' 39" West, along said North right-of-way line of MacArthur Boulevard for a distance of 1,190.67 feet to the POINT OF BEGINNING; and containing 20.013 acres of land. VILLAGES OF COPPELL, PHASE I, PLANNED DEVELOPMENT DISTRICT A. Use Regulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in "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 Section 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: Fifteen (15) feet; however, a twenty (20) foot building line shall be observed for the structure or portion of a structure accommodating the required off-street parking spaces when the structure or portion of a structure faces onto and has vehicular access from a street. Where lots have double frontage, from one street to another, the required front yard shall be provided on both streets. (B) Side Yard: The minimum separation of ten (10) feet is required between residential structures on adjacent lots. The side yard adjacent to a street shall not be less than fifteen (15) feet. Allowable non-residential uses, twenty-five (25) feet. A side yard adjacent to an alley shall not be less than ten (10) feet. (C) Rear Yard: Ten (10) feet; however, a twenty (20) foot rear building line shall be observed for the garage portion of a structure, when the garage portion of a structure faces onto and has vehicular access from a dedicated alley. 2. Minimum Size of Lot: (A) Lot Area: Four thousand five hundred (4,500) square feet. 03) Lot Width: Forty-five (45) feet. EXHIBIT "B" (C) Lot Depth: One hundred (100) feet. D. Minimum Dwelling Size: Twelve hundred (1,200) square feet, exclusive of garages, breezeways, and porches. E. Maximum Lot Coverage: Seventy (70%) percent. F. Parking Regulations: Two (2) enclosed off-street parking spaces shall be provided behind the front building line for each unit in accordance with the requirements in Section 31 of the Coppell Comprehensive Zoning Ordinance. Where lots are adjacent to an alley, the enclosed parking area (garage) must be accessed off of 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 the first floor of all structures shall be masonry construction (see Section 42-80 of the Coppell Comprehensive Zoning Ordinance) exclusive 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. 5. Hedge of Allegiance. Mayor Morton led those present in the Pledge of Allegiance. 6. Citizen's Appearances. Joe Shirley, 582 vmawood, 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 ns COPPELL EAGLE SCOUT APPRECIATION DAY HONORING JEREMIAH BROWN, KEVIN JENSEN, AND MICHAEL OWEN, nnd 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 leremiah Brown, Kevin lensen and Michael Owen. 8. Swearing-in of a Representative, and Alternate, to the AmeH~n Red Cross nnd new members to the City's Boards, Commissions and Committees. Mayor Morton conducted the swearing-in of thc new appointees to thc City's Boards, Commissions and Committees. CONSENT AGENDA 9. Consider approval of the following consent agenda item~: 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 Coppell 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 Johngon, 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. 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 MacArthur Boulevard, south of DeForest Road (Raintree 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 MacArthur 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 Coppeil Addition, Phase ID, 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 Development), 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 HI-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 Development), 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 TH-2 (Townhonse-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. PD-144, to change the zoning from TH-2 (Townhonse-2) to Planned Development (Planned Development), for a 39.9S7 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. 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 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 5 of the City of Coppell Zoning Ordinance with regard to parking and landscape requirements, and authorizing the Mayoc to sign. O. Consider approval of an Ordinance for Case No. ZC-582(CI-1), to change the zoning from TH-1 (Townhonse-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, ], 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, N carrying Ordinance No. 91500-A-105 and O carrying Ordinance No. 91500-A-106. Coun¢ilmember Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tem 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 ad~ the issue of the budget process. Mayor Morton asked for persons to speak in the Public Hearing. Dean Wilkerson, 538 Rolling Hill~ Road; Mik_e Carroll, 318 Parkwood; Greg Winchester, 737 Robin Lane; Bill Smothermon, 408 Greenridge; and Peyton Weaver, 701 Dove Circle addressed the Council. Mayor Pro Tern Robertson moved to dose the Public Hearing. Councilmember Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tem 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 $ of 7