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PD176-AG 990413 CITY COUNCIL MEETING: April 13, 1999 ITEM ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-176, McMillan Estate, zoning change request from SF-9 and C (Single Family-9 and Commercial) to PD~SF-9 (Planned Development, Single Family-9), to allow the development of a single residential home 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 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 granted this zoning change request on March 9, 1999, (5-2) with Councilmembers Stover and York voting in opposition. Staff recommends approval. Agenda Request Form - ised 2/99 Document Name: ~PD176o AN ORDINANCE OF THF~ CITY OF COPPE!~I~, TEXAS ORDINANCE NO. - O AN ORDINANCE OF THE CITY OF COPPEL{~ TEXAS, AMENDING ~ COMPREHF~NSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPEI~I., TEXAS, AS H'ERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "SF-9" AND "C" (SINGI.E- FAMII~Y-9 AND COMMERCIAL) TO "PD--SF-9" (PLANNED DEVELOPMENT, SINGLE FAMII.Y-9) FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR A ZONING EXHIBIT/SITE PLAN, ATFACHE~D HERETO AS EXHIBIT "B"; PROVIDING A REPEAl,lNG CLAUSE; PROVIDING A SEVERABH,1TY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOI,I,ARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECITVE DATE. WHI~REAS, 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 thereoi~ the said governing body is of the opinion that Zoning Application No. PD-176 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-9" and "C" (Single Family-9 and Commercial) to "PD-SF-9" (Planned Development, Single Family-9) for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. 1 SS24550 SECTION 2. That the property shall be developed and used only in accordance with the following development conditions and the Zoning Exhibit/Site Plan attached hereto as Exhibit "B": A_ The property shall be developed and used only for a single-family dwelling in accordance with SF-9 Single Family-9 Zoning District regulations except as modified herein. B. Maximum number of dwelling units: one. C. No improvements (including cabana, patio, and pool) or grading will be allowed within the 100-year flood plain until a floodplain study is reviewed and approved and a floorplain permit is issued. D. Acknowledgment by the applicant/property owner that if the cabana area is ultimately developed, because of its remoteness, ftre/emergene~ service response could be delayed. E. Due to erosive banks of the creek, erosion protection may be needed. SECTION 3. That the Zoning Exhibit/Site Plan attached hereto as Exhibit "B", and made a part hereof for all purposes, is 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 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. 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 2 ss24550 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. An offense committed before the effective date of this ordinance is govemed 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, 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 alter 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 , 1999. C'AtwlSY gI~HAN, M~OR ATTEST: KATHLEEN ROACH, CITY SECRETARY PETER G. SMITH, CITY ATTORNEY (PGS/ttl 4/5/99) 3 SS24550 WH~-REAS Mary Stone Myers and Fred Joyce-Mary Myers Enterprises. Inc. are the sole owners of 1.490 acres of land situated in the J.W. Anderson' Survey. Abstract No. 18, City of Coppell, Dallas County, Texas; said 1.490 acres of land being a portion of that certain tract or parcel of land conveyed to Mary Stone Myers according to the deed recorded in Volume 73005, Page 2821, Deed Records, Dallas County. Texas; said 1.490 acres of land also being a portion of a tract or parcel of land conveyed to Fred Joyce-Mary Myers Enterprises. lnc. according to the deed recorded in Volume 90073. Page 3002, 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 tach 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 C~ty as recorded In Volume 92125, Page 3455, Map Records, Dallas County. Texas; THENCE S 85' 37' 24" E. 104.56 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 10, 810ck 1 of said Big Cedar Addition to a 5/8 inch iron rod found; THENCE S 53' 47' 38" E. passing the common western corners of said Lot 10 and Lot 9 of said addition and continuing in all 57.2§ feet to a 1/2 inch iron rod set at the northwest corner of a tract of land conveyed to Bill and Theresa Long as recorded in Volume ...... Page ...... Deed Records. Dallas County, Texas; THENCE S 01' 00' 4~' W, along the west line of said Long tract and at 218.37 feet passing a 1/2 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 centerlin~ of said Bethel Road; THENCE S 89' 42' 36" W. 203.24 feet along said centerline and along the south line of said Mary Stone Myers tract to the southwest corner of this 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 l, of said Old Coppell Estates and along a west line of said Mary Stone Myers tract and continuing along the west line of said Block 1 in all 360.96 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. EXHIBIT "A" ~ -- ~ ......... ~i~,~'_.~. ~0,. ~ ' ~ EXHIBIT "B"