PD176R-AG000711F'
COPP-ELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: July 11, 2000 ITEM # ~
ITEM CAPTION:
Consider approval of an Ordinance for Case No. PD-176R, McMillan Estates, zoning change request for
property zoned PD-176, (Planned Development-176, Single Family-9), by amending the planned
development conditions to permit an extension of a 54" reinforced concrete pipe eastward for an approximate
distance of 155' and the installation of a stone headwall on 1.49 acres of property located along the north
side of Bethel Road, approximately 120' east of Hearthstone Lane, and authorizing the Mayor to sign.
SUBMITTEd: Gary L. Sieb '-m)
TITLe: Dkector of Plann~and CommuniW Services
STAFF CO~~TS: ..........................
Date of P&Z Mee~g: N/A
Decision of P&Z Co~ission: N/A
On February 8, 2000, City Council voted to approve this zoning change (6-1) with Councilman Garcia
opposing.
Staff recommends approval.
DIR. INITIALS:~' FIN. REVIEW: ~ CITY MANAGER REVIEWt~
Agenda Request Form - Revised 5/00 Document Name: ~PD 176Ro J
AN ORDINANCE OF ~ CITY OF COPPEIJ~ TEXAS
ORDn ANCE sO.oZ(,4
AN ORDINANCE OF ~ CITY OF COPPELL, TEXAS,
AMF~NDING ~ COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE ~ OF COPpEIJ~ TEXAS, AS i~ERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM "PD-176' (PLANNED
DEVELOPMENT- 176, SINGI,E FAM~,Y 9) TO "PD-176R' (PLANNED
DEVELOPMENT AMENDMENT- 176R, SINGI.E FAMILY-9) FOR THE
PROPERTY DESCRIBED IN ~lT "A' ATFACI~D HERETO BY
AMENDING THE DEVELOPMENT CoNDmONS TO PERMIT AN
EXTENTION OF A 54" REINFORCED CONCRETE PIPE EASTWARD FOR
APPROXIMATELY 155' AND THE INSTALLION OF A STONE
~EADW.A~J.; PROVIDING FOR A SITE/GRADING PLAN, LANDSCAPE
PLAN, AND TREE MITIGATION PLAN, ATFACHED I~F~RETO AS
EXHIBIT "B', "C' AND "D', RESPECTIVELY; PROVIDING A
REPEALING CI~USE; PROVIDING A SEVERABII.ITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOI,IJARS ($2,000.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHE~S, 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' Copp~ll, have given requisite notices by publication and other%vise,
and a~cer 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 s3id governing
body is of the opinion that Zoning Application No. PD-1761~ 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 ~ 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 "PD-176" (Planned Development-
176, Single Family-9) to "PD-176R." (Planned Development Amendment- 176R, Single Family-9) for
the property described in Exhibit "A" attached hereto and made a part hereof for all purposes.
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SECTION 2. That the property shall be developed and used only in accordance with PD~
176, and the following development conditions, the Site/Grading Plan, the Landscape Plan and the
Tree Mitigation Plan, attached hereto and incorporated herein as if set forth in full as Exhibit "B", "C"
and "D", respectively:
A. The property shall be devdoped and used only for a singl~-family dwelling in
accordance with SF-9 Single Family-9 Zoning District regulations and PD-176,
except as modified herein.
B. The pool location shall be as depicted on the Site/Grading Plan.
C. Any floodplain or flooding reclamation shall be in accordance with CiVy
ordinances and regulations and approved by the City Engineering staff prior to
construction.
D. The applicant shah comply with the Landscape Plan and Mitigation Plan, but
will also try to preserve as many trees as possible on site.
SECTION :5. That the Site/Grading Plan, the Landscape Plan and the Mitigation Plan attached hereto
as Exhibit "B", "C" and "D", respectively, 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 Zoning Ordinance of the City of Coppell, as heretofore amended,
SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflic~
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions no~
in conflict with the provisions of this ordinance shall remain in full force and effect.
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SECTION 6. That should any sentence, paragrapl~ subdivision, clause, phrase or section of
this ordinance be adjudged or held to be uneonstitutionfl, 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 ?. An offense committed before the effective date of'this ordinance is governed by
prior law and the provisions of'the Comprehensive Zoning Ordinance, as ~unended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION $. 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 PASSED by the City Council of the City of Coppell, Texas, this the _~/t~ day of
~_.d~ ,2000.
CANDY Stt~, MAYOR
ATTEST: ~
APPROVED AS TO FORM:
ROBERT g. ~I~~~'ATTORNEY
4
WHEREAS JAMES H. McMILLAN and wife ANITA McMII.I-~N are the sole owners of
1.490 acres of land situated in the J.W. Anderson Survey, Abstract No.
City of Coppell, 'Dallas County, Texas; said 1.490 acres of land conveyed to
James H. McMillan et ux Anita McMillan according to the deed recorded in
Volume 99100, Page $792, Deed Records, Dallas County, Texas; said 1.490
acres of land being more particularly described by metes and bounds as
follows:
BEGINNING at a 1/2 inch iron rod found in the east line of Lot 15, Block 1,
Old Coppell Estates, an addition to said City as recorded in Volume 96020,
Page 2443, Map Records, Dallas County, Texas; said iron rod also being, the
most westerly southeast corner of Lot 41, Block 1, Big Cedar Addition, an
addition to said City as recorded in Volume 92125, Page 3455. Map Records,
Dallas County, Texas~
THENCE S 85' 37' 24" E, 104.58 feet along the south line of said Lot 41 to
a 1/2 inch iron rod set with plastic cap stamped "Landes & Assoc."
(hereinafter, all 1/2 inch iron rods set are so marked) at the most
easterly southeast corner of said Lot 41:
THENCE S 15' 24' 35" E, 99.47 feet along the westerly line of Lot i0, Block
I of said Big Cedar Addition to a 5/'8 inch iron rod found;
THENCE S 53' 47' ,SS" E, passing the common western corners of said Lot 10
and Lot 9 of said addition and continuing in all 57.25 feet to a 1/2 inch
iron rod set at the northwest corner of a tract of land conveyed to Wendy
Webster as recorded in Volume 93044, Page 3851, Deed Records, Dallas
County. Texas;
THENCE S 01' 00' 47" W, along the west line of said Webster tract and at
218.37 feet passing a l/2 inch iron rod set in the existing north ROW line
of Bethel Road and continuing in all 241.07 feet to the southeast corner of
this tract in the centerline of said Bethel Road;
THENCE S 89' 42' 38" W, 203.24 feet along said centerline of said Bethel
Road and along the south line of said McMillan tract to the southwest
corner of said McMillan tract;
THENCE N 04' 36' 23" E, at 22.77 feet passing a 1/2 inch iron rod set in
the existing north ROW line of Bethel Road and passing the southeast corner
of Lot 19, Block 1, of said Old Coppell Estates and along a west line of
said McMillan tract and continuing along the west line of said Block I in
all 380 98 feet to the POINT OF BEGINNING and containing 1.490 acres of
land of which 0.106 acres of land lies within the ROW of Bethel Road.
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C~PELL. TEX~S PLAN
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