CC approval of ORD 11/13/90_ CITY COUNCIL MEETING November 13, 1990 ITEM NUMBER
ITEM CAPTION:
To consider an ordinance for Case ~ZC-57.4, to chan§e the zoning designation from (R) Retail to (SF-9)
Single-Family-9, on a parcel of land ~ai:ed at 316 W. Bethel Road, and authorizing the Mayor to sig~
SUBMITTED BY: STAFF ~EP.: Taryon Bowman, P&~Z?oordinator
OTHER ~)T..~~y Attorney
EVALUATION OF IT DATE:
Date of Planning and Zoning Meeting: March 15, 1990
Decision of Planning and Zoning Commission: Approval (6-0)
Date of City Council Meeting: April 10, 1990
Decision of City Council: Approval (6-0)
Please see attached zoning exhibit for further details.
BUDGET AMT.
N/A
A_MT +/- BUDGET
FINANCIAL REVIEW BY
COMMENTS'
LEGAL REVIEW BY:
AGENDA REQUEST FORM 5190
REVIEWED BY CM:
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCe. NO. ~ ~'~ -~ '
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 Julianna Otts, No. ZC-524, 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:
"SF-9" Single Family Residential District Classification.
Said property being described as follows:
BEING a parcel of land (made up of two tracts) containing a
total of 5.4 acres, more or less, the southwest corner of said
parcel being 1076 feet west of the southeast corner of the J.
W. Anderson Survey, Abstract 50-447, of the plat records of
Dallas County, Texas and described by metes and bounds in
Exhibit 1 attached hereto and made a part hereof and shown on
the zoning exhibit attached hereto as Exhibit 2 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 -7~4 /~-~ , 1990.
APPROVED~:
CZ90-0212 ~/
APPROVED:
MAYOR///
ATTEST :~ / <
X~r~. CITY SECRETARY
TRACT 1
Being all that certain lot, tract or parcel of land out of the
James W. Anderson Survey in Coppell, Dallas County, Texas, and
being more particularly described as follows:
BEGINNING at an iron in the North line of a county ~oad 1286 feet
West and 25 feet North of the Southeast corner of the J. W.
Anderson Survey, said iron being in the West line of a 1 acre tract
deeded to J. S. Kirkland as recorded in Volume 2753, Page 174,
Dallas County Deed Records;
THENCE North 2 degrees 25 minutes East 185 feet to an iron at the
Northwest corner of said 1 acre tract;
THENCE East 210 feet to an iron in the Northeast corner of said 1
acre tract;
THENCE North 4 degrees 45 minutes East 322.7 feet to a steel post
for corner;
THENCE North 82 degrees 45 minutes West 475.4 feet to an iron;
THENCE South 2 degrees 25 minutes West 281 feet to an iron in the
North line of the V. S. Parrish 1/2 acre tract, as recorded in
Volume 2412, Page 286, Dallas County Deed Records;
THENCE East 68 feet to an iron, the Northeast corner of said 1/2
acre tract;
THENCE with the East line of said 1/2 acre tract, South 2 degrees
25 minutes West 286 feet to an iron in the North line of a county
road;
THENCE East 183 feet to the place of beginning, containing 4.4
acres of land in the James W. Anderson Survey.
TRACT 2
Being a 1.01 acre tract of land out of the J. W. Anderson Survey,
Abst. 50-447 of the Plat Records of Dallas County, Texas, and being
more particularly described as follows:
BEGINNING at a point for a corner in the center line of the
Grapevine-Carrollton Road, (also known as Bethel Road), 1076 feet
West of the Southeast corner of the J. W. Anderson Survey, same
point being the Southwest corner of the John R. Ledbetter Twenty
Five acre tract;
THENCE North along the West boundary line of said Ledbetter tract
210 feet to an iron stake for a corner;
THENCE West and parallel with the center line of the said
Grapevine-Carrollton Road 210 feet to an iron stake for a corner;
EXHIBIT "1"
THENCE South and parallel with the West boundary line of said
Ledbetter tract 210 feet for a corner in the center line of said
Grapevine-Carrollton Road;
THENCE East along the center line of above said road 210 feet to
the place of beginning, and being the same tract of land as that
conveyed to J. S. Kirkland from Vera J. Kirkland by Warranty Deed
dated December 19, 1949 and recorded in Volume 3299, Page 469, Deed
Records, Dallas County, Texas; and being the same property as that
described in a Warranty Deed of even date herewith from Hattie S.
Kirkland White to the undersigned in which conveyance a vendor's
lien is retained to secure the payment of the within described
note.
TRACT
BETHEL ROAD ....
mm m mmm
,J.lA. A.~;DERC;Oh; SURVEY. ABSTRACT, NO. 18
JUDY OTTS
315 TOWN NORTH DELVE;
TERREL.L, ~ 75160
1-21 ,-56,5-4158
i -214-SB3-2B,,t0
Zc-_ 24
ZDNING EXHIBIT
JUDY OT~ 5.4 AC. SITE
crl'Y OF COPPELL. TEXAS
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NCTCOG
There was no report at this time.
PARK BOARD
Council Member Watkins (Robertson) reported that at the
regularly scheduled November 5 meeting, a series of meetings
were scheduled to study community parks. The first of these
special meetings was held Monday, November 12. At this
meeting, 25 citizens requested an audience with the Council
and over 35 citizens were present. The next special sessions
are scheduled for November 12 and December 3. citizens are
encouraged to come and voice their opinions.
RECYCLING COMMITTEE
There was no report at this time.
SCHOOL BOARD
There was no report at this time.
DRAINAGE COMMITTEE
There was no report at this time.
PLANNING AND ZONING STUDY COMMITTEE
There was no report at this time.
PRIVATE CLUB ORDINANCE COMMITTEE
Councilman Thomason (Smothermon) reported that there was a
good turn out at the meeting of Thursday, November 8, 1990.
CONSENT AGENDA
Item 27 A.
Be
Do
Consideration and approval of changing certain ad
hoc members of the Recycling Task Force to regular
members and certain regular members to ad hoc
members at the request of the Task Force.
Consideration and approval of the release of
(Street Assessment) Lien for Certificate #90-118
(Independent Bank) and to be executed by the Mayor.
To consider an ordinance for Case #ZC-524, to
change the zoning designation from (R) Retail to
(SF-9) Single-Family-9, on a parcel of land located
at 316 W. Bethel Road, and authorizing the Mayor to
sign.
To consider a resolution approving the Trinity
River Authority contract for a period of October 1,
1990 to September 30, 1991 in the amount of
$3,000.00.
Receipt of acknowledgement form executed by the
homeowners at 252 Bethel Road acknowledging
retaining wall encroachment into a City sanitary
sewer easement and authorizing the City Manager to
sign.
Discussion, consideration of approval of a variance
to the City's Sign Ordinance for the installation
of a temporary sign on Denton Tap Road for use in
advertising the "Shop Coppell First" campaign and
waiver of fees.
Ge
Discussion, consideration of supporting and
approving a "Shop Coppell" parade to be held on
December 2, 1990 at 2:00 p.m. from Coppell Post
Office to Denton Tap, north on Denton Tap to the
parking lot at Town Center.
He
Discussion and consideration of approval of an
ordinance amending Ordinance No. 314 to allow one-
way traffic on Rocky Branch Lane and Rolling Hills
Road from December 1, 1990 through January 1, 1991
and authorizing the Mayor to sign.
Reconsideration and approval of a proclamation for
"Books, Bluegrass, and Barbecue" event.
Councilman Robertson moved to approve Consent Agenda Items 27 A
through 27 I, with Item 27 C carrying Ordinance 297-A-85, Item 27D
carrying Resolution #111390.2 and Item 27 H carrying Ordinance
90490. Councilman Thomas 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 (Close to the Public)
ES-28 A.
Article 6252-17, Section 2 (e) and Senate
Concurrent Resolution Number 83, discussion with
City Attorney concerning matter involving
privileged communications between attorney and
client.
1. Johnny Thompson annexation question.
2. Lomas & Nettleton Agreement/MacArthur Boulevard
Right of Way
3. Huel Weaver Lawsuit
4. Minyard Agreement.
Be
Article 6252-17, Section 2 (f), discussion with
respect to the purchase, exchange, lease of real
property and City liability.
1. Status report on Library Site Acquisition
2. Connell Skaggs Drainage
3. T.U. Electric Franchise
Council convened in Executive Session at 9:47 p.m. on Tuesday
November 13, 1990 as allowed under the above stated articles and
adjourned into Open Session at 10:54 p.m.
OPEN SESSION (Open to the Public)
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There being no further business to come before the Council, the
meeting was adjourned.
ATTEST:
Mark Wolfe, Mayor
Linda Grau, Assistant City Secretary