PD163R-AG 990713AGENDA REQUEST FORM
ITEM # _~~
ITEM CAPTION:
Consider approval of an Ordinance for Case No. PD-163R, Windsor Estates, zoning change for property
zoned PD-SF-9 (Planned Development, Single Family-9) to amend the development conditions of the
Planned Development concerning entry features of the subdivision and amend to create additional common
areas to accommodate landscaping on a 15.78 acre tract of land located along the north side of DeForest
Road, approximately 600 feet east of Allen Road, and authorizing the Mayor to sign.
APPROVED
BY
CiTY COUNCIL
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
Council unanimously granted this zoning change request on June 8, 1999.
Staff recommends approval.
DIR. INITIALS:~ FIN. REVIEW:
Agenda Request Form - Revised 2/99
CITY MANAGER REVIEW:
Document Name: ~PD163Ro
Mayor Shechan advised that Item 16 had been pulled by the Applicant and
would come back to Council on July 27, 1999.
7. Citizen's Appearances.
There were no citizens signed up to speak under this item.
CONSENT AGENDA
e
Consider approval of the following consent agenda items:
A. Consider approval of minutes: June 22, 1999.
Consider approval of an Ordinance amending Ordinance
Number 99866, adopted on March 23, 1999, by correcting
a clerical error to said Ordinance by reigning a new
Ordinance Number; and authorizing the Mayor to sl~n.
Land Use and Development
Consider approval of an Ordinance for Case No. PD-163R,
Windsor Estates, zoning change for property zoned
PD-SF-9 (Planned Development, Single Family-9) to
amend the development conditions of the
Development concerning entry features of the subdivision
and amend to create additional common areas to
accommodate landscaping on a 15.78 acre tract of
located along the north side of DeForest Road,
approximately 600 feet east of Allen Road,
authorizing the Mayor to aiEn.
D. Consider approval of an Ordinance for Case No. ZC-599,
Carrollt0n-Farmers Branch I.S.D., Rlverchase Elementary
School, zoning change request from TH*I (Townhouse-1)
to SF-7 (Single-Family-7), to ~!ow the construction of an
elementary school located at the northeast corner of
MacArthur Boulevard and ~tarleaf Street, and authorizing
the Mayor to sign.
Consider approval of an Ordinance for Case No. S-1162,
Anamia's Tex-Mex Restaurant, zoning change request
C1VI071399
Page 3 of 12
Item A, B, C, D, E, F, G and I --
Mayor Pro Tem Tunnell moved to approve Consent Agends. J~t¢_m..s_ A, B carrying
Ordinance No. 99883, ~~~~~ ..... ,., carrying
Ordinance No. 91500-A-223, E carrying Ordinance No. 91500-A-224, F
carrying Ordinance No. 91500-A-225, G carrying Ordinance No. 91500-A-226
and I carrying Resolution No. 071399.1. Councilmember Peters seconded the
motion; the motion carried 5-0 with Mayor Pro Tern Tunnell and
Councilmembers Peters, Keenan, Wheeler and York voting in favor of the
motion.
Item H ---
Gary Sieb, Director of Planning and Community Services, made a presentation
to the Council.
Mayor Pro Tern Tunnell moved to approve Consent Agenda Item H carrying
Ordinance No. 91500-A-227. Councilmember Wheeler seconded the motion.
City Attorney Peter G. Smith indicated the following could be added to the
ordinance: 1) the City agrees to construct the Town Center West Boulevard at
its cost; 2) the City agrees to construct the sidewalk within the 10' sidewalk
utility easement at its cost; 3) the City agrees to construct the retaining wall at
its cost; 4) the City agrees not to impose any future street assessments against
the property; 5) the developer or owner will not be required to place any
existing electrical facilities (which consist of a TU Electric feeder line) under
ground; and 6) an additional speed hump will be installed if it is determined
feasible by the City Engineer and if it does not conflict with the approved curb
cuts. Mayor Pro Tern Tunnell inquired about the electrical line being placed
underground. City Attorney Peter G. Smith indicated the line was a feeder line
and it would not be feasible to place it underground.
Mayor Pro Tem Tunnell moved to amend her motion to include the following
additions: 1} the City agrees to construct the Town Center West Boulevard at
its cost; 2) the City agrees to construct the sidewalk within the 10' sidewalk
utility easement at its cost; 3) the City agrees to construct the retaining wall at
its cost; 4} the City agrees not to impose any future street assessments against
the property; 5) the developer or owner will not be required to place any
existing electrical facilities (which consist of a TU Electric feeder line} under
ground; and 6) an additional speed hump will be installed if it is determined
feasible by the City Engineer and if it does not conflict with the approved curb
cuts. Councilmember Wheeler seconded the motion to amend; the motion to
amend carried 5-0 with Mayor Pro Tem Tunnell and Councilmembers Peters,
Keenan, Wheeler and York voting in favor of the motion to amend.
CM071399
Page 5 of 12
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
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
AMENDING PLANNED DEVELOPMENT 163 (PD-163) ORDINANCE NO.
91500-A-180 TO AMEND THE DEVELOPMENT CONDITIONS FOR THE
PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING FOR A LANDSCAPE PLAN, ENTRY FEATURES, AND
PLAT DOCUMENT, ATTACHED HERETO AS EXHIBIT "B", "C", AND
"D"; 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 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-163R
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
amended by amending Planned Development-No. 163 (PD-No. 163) Ordinance No. 91500-A-180
to amend development conditions as they pertain to the entry features of the subdivision and the
creation of additional common areas for the property described in Exhibit "A" attached hereto and
made a part hereof for all purposes.
1 26662
SECTION 2. That the property shall be developed and used only in accordance with the
development conditions of Planned Development 163 (PD-163) Ordinance No. 91500-A-180, and
the following special conditions:
A. Modify the Homeowners Association documents to reflect the amendments
herein to the Planned Development as approved by the City Attorney.
B. Specify height of screening wall on marquee sign elevation.
SECTION 3. That the Landscape Plan, Entry Features Plan, and Plat Document attached
hereto as Exhibits "B", "C" and "D", 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
amended, and as amended herein.
Zoning Ordinance of the City of Coppell, as heretofore
SECTION 5. That all provisions of the Ordinances 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,
except that Ordinance No. 91500-A-180 shall continue in full force and effect except as amended
herein.
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.
2 26662
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, 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 eases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the ~__ day
of (~~_~,1999.
(REI-I/cdb6~8~9)
~~ROVED: ~-~/~~
CAN~)Y SHE~, MAYOR
ATTEST:
~SECRETARY
3 26662
~LRGAL DR~RIPTION
STATE OF TEXAS
COUNTY OF r)ALLAS
WHEREAS, CoppellOptlmum Assetsff LLC is the owner of o troct of land os
descrtbed In deed to CoppellOptlmum Assets, LLC, recorded In
~stroct ~. IT91, o~ the J.H. Mounts S~ve~. ~tr~t ~. ~], ~d beln~
mo~e p~tlcu~l~ ~lbed b~ metes o~ bou~a os ~ol~S~
BEG~ o~ t~ soutbeost corner of sold co~d 121 ~cre t~t bel~ In the
cente~llne of Denton Creek=
THE~E West o1~ the south llne of sold coiled 121 ocre ~, o dlat~e of
690,42 feet to set l/2-1nch Iron rod with o 'HALFF ASSr," CAP;
THE~E Nort~ o dlsto~e of 954.74 feet to o point In the centerflne of Denton CreW=
THE~E olo~ t~ meonderl~s of Denton Creek os
South T8 degrees 56 minutes O0 serous Eos~,o dlsf~e of 223.76 feet to o point for cor~r;
Nor?~ 85 degrees 45 minutes O2 secon~s East, o dlst~ce of 70.59 feet ?o o point for corner;
North 85 degrees 44 minutes 5] seconds Ecs=, o dls*o~e of 145.40 fee? ?o o poln? for corner;
NOrf~ 85 degrees 44 mlnutes 54 seconds East, o dls?o~e of 122.00 feet ?o o point for corner;
Sout~ 54 degrees ~ minutes OD seconds East, o disrobe of 13T.00 feet to o ~lnt for corner=
South ]8 degrees ~ minutes OD seconds East, a Olst~e of 160.~ feet to o point for corner=
South 01 de~ees OD minutes OD seconds East, o disrobe of t60,OO feet to o point for corner=
South 1~ degrees I0 minutes O0 seconds West, o dlst~e of 88.~ feet to a point for corner=
South 24 de~rees 25 minutes OD seconds West, o dlstonce of 98.~ feet to o ~lnt for corner;
Sout~ ~ degrees 55 minutes OD Seconds East, o QIs?once of 93.~ feet to o polnt for corner;
Sout~ ~1 de~ees 55 mitres ~ seconds E=st, o dlst~ce of 93.~ feet to o point for corner;
South (~ ~rees 15 ml~es O0 seconds West, o ~st~e of 88,~ feet to o ~lnt for corner;
Sout~ ' ' degrees 31 ml~tes ~ serous ~est, = dlst~e of 156.~5 feet to Q point for c~ner;
SOUth 28 dsgrees 20 minutes ~ sects Res?. ~ dlst~e of 38,~ feet to t~ P~NT 0F BEGI~
and confolnl~ 68T,3TT Sq. feet IS.T8 Acres of ~,~re ~ less.
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/" FIN)d. PLAT
.~ ~' WINDSOR ESTATES ADDITION
' 1S.78 ACRE TRACT
pO4NT OF 8EGi*iNiNG~k~q~' ,'s':ol,o' * W.A. TR~E SURVEY. ABSTPJLCT NO. 1?91
~ T ----' ~S.t)o' OfKI J.H. MOUNTS SIJRVEYo,, ,~ ABSTRACT NO. ~JO~
' CITY OF COPI~r~L
COPePSl bPTIMUM A.SSm~.LLe
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