PD140(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-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 III-A&B; I%~t~._~ ~f~orizing the M%yor to sign.
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TITLE. --D'/l'~---~Plannlng
STAFF COMMENTS:
This zoning change was approved by Council on August 22, 1995.
STAFF RECOMMENDATION Approval ~ Denial
EXPLANATION:
BUDGET AMT.$ /~ AMT. EST.$ +/- BUD:$
FINANCIAL COMMENTS:
FINANCIAL REVIEW: ~ CITY MANAGER REVIEW:~~
Agenda Request Form - Revised 1/94
Pot 'goldenrod' pal~r in ptln~r ~
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ~/~q'OO-~-qq
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 RESIDENTIAL - ZERO LOT LINE) TO "P.D. 140" (PLANNED
DEVELOPMENT), FOR SINGLE-FAMILY RESIDENTIAL USE WITH
SPECIAL CONDITIONS, ON A 40.9814 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"; 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 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 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 heatings and affording a full and fair heating
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-
576(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. 140" (Planned Development), for single-family
residential use with special conditions, on a 40.9814 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 c°PPell, 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
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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.
DULY PASASED by the City Council of the City of Coppell, Texas, this the o7~ ~ay
of . J~t~t~0~ , 1995.
APPROVED:
TOM MORTON, MAYOR
ATTEST:
L~[ND~A GRAU, CITY SECRETARY
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APPROVED AS TO FORM:
PETER G. SMITH, CITY ATI~ORNEY
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EXHIBIT "A"
VILLAGES OF COPPELL PHASES Ilia, IIIB, IVA AND IVB
A tract of land situated in the City of Coppell, Dallas County, Texas, and lying in the
Patience Piles Survey, Abstract No. 1137; in the B.B.B.&C.R.R. Survey, Abstract No.
199; and in the J. H. Mounts Survey, Abstract No. 903; and being more particularly
described as follows:
BEGINNING at an "x" cut in concrete found in the South right-of-way line of DeForest
Road, said point being the Northeast corner of the Raintree Village Addition, an
addition to the City of Coppell as filed in Volume 86132, Page 2311, of the Map
Records of Dallas County, Texas;
THENCE, South 89° 44' 05" East, along said South right-of-way line of DeForest
Road, a distance of 2,330.26 feet to a ~-inch iron rod found for corner on the
common boundary line between said B.B.B.&C.R.R. Survey and said J. H. Mounts
Survey;
THENCE, South O0° 40' 29" West, along said common boundary line between said
surveys, a distance of 558.50 feet to a ~-inch iron rod set for corner;
THENCE, South 89° 44' 05" East, a distance of 47.29 feet to a point for corner in
Denton Creek;
THENCE, South 53° 02' 39" West, a distance of 417.21 feet to a point for corner;
THENCE, South 21 o 33' 37" East a distance of 237.04 feet to a point for corner;
THENCE, South 43° 54' 55" West 393.30 feet to a point for corner;
THENCE, North 89° 22' 00" West a distance of 184.71 feet to a point for corner in
the East right-of-way line of Allen Road;
THENCE, around a curve to the left along said right-of-way line, said curve having a
central angle of 44° 22' 18", a radius of 430.00 feet, and a chord bearing of North
08° 48' 29" West, an arc distance of 333.00 feet to a ~-inch iron rod set for corner
at the end of said curve;
THENCE, North 30° 59' 38" West, continuing along said right-of-way line, a distance
of 535.00 feet to a %-inch iron rod found for corner;
THENCE, South 59° 00' 22" West a distance of 90.00 feet to a ~-inch iron rod set
for corner at the beginning of a curve to the right;
THENCE, along said curve to the right, having a central angle of 31° 21' 13" , a
EXHIBIT "A"
radius of 415.00 feet, and a chord bearing of South 74° 40' 59" West, an arc
distance of 227.10 feet to a ~-inch iron rod set for corner at the end of said curve;
THENCE, North 89° 38' 25" West a distance of 450.00 feet to a ~-inch iron rod set
for corner;
THENCE, South 81° 26' 49" West a distance of 87.05 feet to a ~-inch iron rod
found at the Northeast corner of the Villages of Coppell Phase I, an addition to the
City of Coppell as recorded in Volume 86118, Page 1828, of the Map Records of
Dallas County, Texas;
THENCE, along the Northerly line of the said Villages of Coppell Phase I, the following:
North 61 o 55' 13" West a distance of 82.04 feet to a ~-inch iron rod
with cap stamped NDM found for corner;
South 82° 52' 32" West a distance of 78.49 feet to a ~-inch iron rod
found for corner;
South 78° 37' 40" West a distance of 194.81 feet to a Y2-inch iron rod
found for corner;
North 64° 44' 35" West a distance of 63.86 feet to a ~-inch iron rod
with cap stamped NDM found for corner;
North 78° 34' 45" West a distance of 135.71 feet to an "x" cut in
concrete in the Easterly line of the previously mentioned Raintree Village
Addition and at the beginning of a curve to the left;
THENCE, along the said Raintree Village Addition Easterly line and around said curve
to the left, said curve having a central angle of 11 o 09' 20", a radius of 962.51 feet,
and a chord bearing of North 05° 50' 35" East, an arc distance of 187.40 feet to a
PK nail in concrete found for corner at the end of said curve;
THENCE, continuing along the said Raintree Village Addition Easterly line, North 00°
15' 55" East a distance of 427.20 feet to the POINT OF BEGINNING;
and containing 40.9814 acres of land.
PLANNED DEVELOPMENT FOR VILLAGES OF COPPELL, PHASE Ilia
PHASE
PHASE IVA
PHASE IVB
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 Section 30-5 and 30-6 of the Coppell Comprehensive Zoning Ordinance.
B. Height Regulations: Thirty-five (35) feet, no more than two and a 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.
EXHIBIT "B"
2. Minimum Size of Lot:
(A) Lot Area: Five thousand (5,000) square feet.
(B) .Lot Width: Fifty (50) feet.
(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%) per cent.
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.
DETAIL SITE PLAN
D-140 VILLAC-ES OF COP
PHASE Ill-IV
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 EAGLE 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 lensen and Michael Owen.
8. Swearing-in of a Representative, and Alternate, to the Ameri_ean Red Cross
and new members to the City's Boards, Commissions and Committe~.
Mayor Morton 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 CoppeR, Texas,
appointing the Assistant Finance Director and the Accountant for the
City of CoppeH as additional Investment Officer and authorizing the
Mayor to sign.
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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 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-O (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 CoppeH 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
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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 (Townhouse-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 (Townhousc~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 39.957 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. PD-14$, 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 1&2), and authorizing the Mayor to sign.
N. Consider approval of an Ordinance amending Sections 31, 33, 34, 42,
and Appendix I through 5 of the City of CoppeH 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-T),
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.
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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,
N carrying Ordinance No. 91500-A-105 and O carrying Ordinance No. 91500-A-106.
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.
10. PUBLIC IIEARING (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 Winchester, 737
Robin Lane; Bill Smothermon, 408 Greenridge; and Peyton Weaver, 701 Dove Circle addressed
the Council. Mayor Pro Tem Robertson moved to close the Public Hearing. Couneilmember
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. pI. IBLIC 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
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