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PD176R2-AG000808COFPEIJ£ AGENDA REQUEST FORM CITY COUNCIL MEETING: August 8, 2000ITEM # ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-176R2, McMillan Estates, PD Amendment, to allow the development of two (2) single-family homes on approximately 1.04 acres of property and to establish SF-9 zoning on approximately 0.46 acres to allow two tracts to be incorporated into existing adjacent lots in the Old Coppell Estates subdivision located along the north side of Bethel Road, and authorizing the Mayor to sign. .t .,q PPR 0 I/ED BY' ........ - '" ' ...... :' ,]i~V COUNCIL SUBMITTED BY: ~ "'~ TITLE: k.Director of Planning agd-Community Services ~'~ ~ ~ ' ~~'~" STAFF COMMEN~'-'~-'~'z'~' ~... :1~ ~'1,~'0~' ~ ' ~-,~ Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A This zoning change was recommended unanimously by the Commission on June 15, 2000. This zoning change was unanimously approved by Council (6-0) July 11, 2000. Staff recommends approval. Agenda Request Form - ~evised 5/00 Document Name: ~P176R2o AN ORDINANCE OF ~ CITY OF COPPELL, TEXAS O~~CE ~o. ~ -,q -- 7.~,~, ~ Om~I~,~C~ o~ ~ crI~ og co~, ~s, ~~a ~ co~~s~ zola o~~ ~ ~ og ~ c~ og co~~ ~~ ~s ~~ogo~ ~~, ~ 176m) FOR ~PRO~~LY 1.~ A~S ~ TO EST~L~H SF-9 (S~GLE F~Y-9) ZO~G ON ~PRO~~LY 0.46 A~S OF ~ ~A~D ~NG ~ NOR~ S~E OF BElL RO~, ~ BErG MO~ P~~Y DES~ED ~ ~~ "A," A~A~D ~~; PROLOG ~R SPEC~ commons; PROLOG FOR ~ ~PROV~ OF ~ S~ P~, ZO~G ~~, ~SC~E P~, ~ ~E ~GA~ON P~, A~A~D ~TO AS E~~S "B", "~, "D" ~ "E", ~SPEC~LY; PROLOG A ~PEAL~G ~USE; PROLOG A SE~~~ ~USE; PROLOG A SA~GS ~USE; PROLOG A PEN~ OF ~ NOT TO EXCEED ~ S~ OF ~O ~OUS~ ~L~ ($2,000.00) FOR EA~ O~NSE; ~ PROLOG ~ E~C~ DA~. ~~S, the City Plying ~d Zo~ng Co~ssion ~d the gove~g body of the City og Coppell, Texas, in ~mpli~ce ~th ~e laws of the S~te og Tex~ ~d p~t to ~e Comprehensive Zo~ng ~din~ce of ~e Ci~ of Coppell, have given requisite notic~ by publication ~d o~e~se, ~d ~ hold~ due beings ~d ~ordin~ a ~1 ~d g~ being to ~l prop~ o~s gener~ly, ~d to ~l ~ns ~tere~ ~d si~t~ ~ ~e ~e~ed ~ ~d ~ the vici~ty ~ ~e s~d gov~g body is of the opi~on that Zo~g Applic~ion No. PD-17~ should be ~prov~ ~d in ~e exercise of le~sl~ive dis~ion have ~nclud~ that ~e Comprehensive Zo~ng Ordin~ ~d ~ should be ~ended. NOW, ~~~, BE ~ O~~D BY ~ C~ CO~C~ OF ~ C~ OF COPPEL~ ~S: SEC~ON 1. ~ ~e Comprehensive ~ning ~din~ce ~d ~ of ~e Ci~ of Coppell, Te~s, duly p~d by the gove~g ~dy of the Ci~ of Coppell, Text, ~ h~ofore amende~ be and the s~e is hereby ~ended to ~t a ch~e in ~ng from PD-17~ ~l~ed Development 176R) to PD-176~ ~l~ned Development 176~) for ~pro~m~ely 1.04 a~es ~d to e~blish SF-9 (S~gle Fa~ly-9) zo~ng on ~pro~mately 0.~ a~es og l~d loc~ alon~ ~e no~ side of Bethel Road, and being more particularly described in Exhibit "A," attached hereto and made a part hereof for all purposes. SECTION2. That PI)-176R2, being the approximate 1.04 acres, is hereby approved subject to the following special conditions: (A) On Lot 1, no garage door(s) shall face Bethel Road. (B) All garages entries shall be swing-entry and screened from adjacent residential property to the west. (C)All rear fences on the west side shall be decorative metal. (D)All driveways shall be 14' in width. (E) Acknowledgement on the plat that no structures can be built within the 100-year floodplain, including swimming pools and fences. (F)Show acreage of the zoning change on all exhibits. (G)Botanical names must be shown on landscape plan. (H)All plant material must meet Plant Palette under applicable city ordinances. (I)A tree removal permit is for any tree which will be removed. (J)A Park Dedication Fee of $1,285 per dwelling unit shall be paid. Correct zoning immediately to the east as "C," not "R." (L) The following wording shall be asses to the site plan and the face of the plat: "The City of Coppell will have no responsibility for maintenance of the floodway/floodplain areas as shown hereon; however, the City does have the authority to regulate activity in the floodway/floodplain as per the City's Floodplain Ordinance. The maintenance of these areas shall be the sole responsibility of the individual lot owner(s) adjacent to said areas. These areas are to remain free of improvements that may obstruct the flow of storm water and protected from potential erosion by the owners. No fences will be allowed in the floodplain, along with any other structures as per the City's Floodplain Ordinance." 2 34955 SECTION 3. That the Site Plan, Zoning Exhibit, Landscape Plan, and Tree Mitigation Plan, shall be special conditions to the zoning granted herein, which are attached hereto as Exhibits "B", "C", and "D", respectively, 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 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 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 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, finn 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. 3 34955 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 _~ day of  2000. APPROVED: ATTEST: · (REIt/jld/cdb 7/27/00) 4 34955 STATE OF TEXAS COUNTY OF DALLAS WHEREAS THE HOLMES BUILDERS. INC., TODD WILCOX, AND ARE THE OWNERS OF 1.974 ACRES OF LAND SITUATED IN THE J.W. ANDERSON SUI~/EY, ABSTRACT NO. 18, CITY OF' COPPELL, DALLAS COUNTY, TEXAS; SAID 1.9742 ACRES OF LAND CONSISTING OF 1,490 ACRES CONVEYED TO THE HOLMES BUILDERS, INC., ACCORDING TO THE DEED RECORDED IN VOLUME PAGE DEED RECORDS, DALLAS COUNTY, TEXAS; AND WHEREAS TODD WILCOX IS THE OWNER OF LOT 16, BLOCK 1, OLD COPPELL ESTATES, AN ADDITION TO THE CITY OF COPPELL AS RECORDED IN VOLUME 96020, PAGE 2443, MAP RECORDS, DALLAS COUNTY, TEXAS, AS CONVEYED IN VOLUME PAGE DEED RECORDS, DALLAS COUNTY, TEXAS, AND ALSO WHEREAS THE OWNER OF LOT 1.5, BLOCK 1 OF SAID OLD COPPELL ESTATES AS CONVEYED IN VOLUME PAGE DEED RECORDS, DALLAS COUNTY, TEXAS,SAID 1.974 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 1.5, BLOCK OF THE AFOREMENTIONED OLD COPPELL ESTATES; 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 34.55, 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 I/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, BLOCK 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 57.2.5 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 .5851, 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 1/2 INCH iRON ROD SET IN TH[ EXISTING NORTH R.O.W. 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 89'42'58" W, 205.24 FEET ALONG SAID CENTERLINE OF SAID BETHEL ROAD AND ALONG THE SOUTH LINE OF SAID 1,490 ACRE TRACT TO THE SOUTHWEST C£RNER OF SAID 1.490 ACRE TRACT; THENCE N 04'56'23" E, AT 22.77 FEET PASSING A 1/2 INCH IRON ROD SET II THE EXISTING NORTH ROW LINE OF BETHEL ROAD AND PASSING THE SOUTHEAST CORN~ R OF LOT 19, BLOCK 1, OF SAID OLD COPPELL ESTATES AND ALONG A WEST LINE OF SAID 1.490 ACRE TRACT AND CONTINUING ALONG THE WEST LINE OF SAID BLOCK 1 /I ALL 264.77 FEET TO A 1/2 INCH IRON ROD SET FOR THE SOUTHEAST CORNER OF L(r 16, BLOCK 1 OF SAID OLD COPPELL ESTATES, SAID IRON ALSO BEING THE NORTI EAST CORNER OF LOT 17, BLOCK 1 OF SAID OLD COPPELL ESTATES; THENCE N 85'23'57" W. WITH THE COMMON LINE OF SAID LOT 16 AND OF SAIr LOT 17. 120.00 FEET TO A I/2 INCH IRON ROD SET FOR THE COMMON WESTERLY C,~RNER OF THE AFOREMENTIONED LOTS, SAID IRON ALSO BEING IN THE EAST R,O.W. LII,E OF HEARTHSTONE LANE; THENCE N 04'36'23" E, WITH SAID EAST R.O.W. LINE 7;5.04 FEET TO A 1/2 INCH IRON ROD SET FOR CORNER, SAID IRON BEING AT THE BEGINNING OF A CURVE T THE RIGHT WITH A RADIUS OF 50.00 FEET WHOSE LONG CHORD BEARS, N 04'25'( "E, 60.51 FEET; THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 74' L'Z3", AT 8.23 FEET PASS A 1/2 INCH IRON ROD SET FOR THE COMMON WESTERLY CORN ~R OF SAID LOT 16 AND LOT 15 OF SAID OLD COPPELL ESTATES, AND CONTINUING OR A TOTAL DISTANCE OF 64.74 FEET TO A I/2 INCH IRON ROD SET FOR THE NORT [WEST CORNER OF SAID LOT 15, SAID IRON ALSO BEING THE MOST SOUTHERLY SOUT [EAST CORNER OF LOT 14, BLOCK ! OF SAID OLD COPPELL ESTATES~ THENCE N 57'17'23" E, ALONG THE COMMON LINE OF SAID LOT 15 AND SAID T 14, 151.18 FEET TO A I/2 INCH IRON ROD SET FOR THE NORTH CORNER OF SAID [j T 1,5, SA~D IRON ALSO BEING THE MOST EASTERLY SOUTHEAST CORNER OF SAID LOT 14 AND ALSO BEING IN THE WEST LINE OF SAID LOT THENCE S 04°36'23" W, WITH THE COMMON LINE OF SAID LOT 15 AND SAID L~ 41, 264.77 FEET TO THE POINT OF BEG[NNIN(; AND CONTAIN[~(; 8§,996 SQUARE FE :T OR 1.974 ACRES OF LAND OF WHICH 0106 ACRES OF LAND LIES WITHIN THE R.O. ¥. OF BETHEL ROAD ! KIqIIBIT "A" CH = NO4'23'O1"E , :~~ m~L~ ~. m~u~ .o~ R = 50,00' ~-- L = 64.74' --~-_~_ CL = 6031 .... HEARTHSTONE ..... LANE ~. ~ - - ~ - ~ N04'36'23"E / / OLD COPPELL ESTATES ZONING SF 9 LOT AREAS BLOCK f ~J }~"~" t / o.5.~ ~c~s NOTES ZONING PARKLAND DEDICATION PD CONDITIONS WENDY WEBSTEE BLOCK 9 ~', l"'-~',:'~,~,?'.~' ,,, .............. )!~-~",',g ~L~-~'~ BETHEL ROAD ESTATES SiTE PLAN ANDES'1'''0''''0 F:- V; P.LUmNA.~-FO..E~EWONLY 1"=30' 2000.~ COPPELL, TEXAS m~mrmNc BETHEL ROAD ESTATES .............. J ~"=4°' 120°° ~ ~ LEGEND i r-- .... ~--_~_ ~'-- / -'- -~,,., t _,, , I I ~ I ~oc~ , ~,-~, III .... = '~X . , I '~. ~'~ ..... · ' ,- -' '~ ~- ~ '. x , , ~lfl ~ ~*. ', P~O~ ~1~ ~~~ ~~ - ~~ ..... , I ,~ / ~ ~ , ~ ~, ,,-~"- / / ,~ ~~~~~-- ~ , /////~ ,;///J', ~ / / ~- / ~ I - '~~ ' / I ' ' /A~////~//,' ~//h / X , : ' ~- ~//z/~/l~ ,, ,,, ~ ~ ,  ~ MAY BE~EL ROAD ESTA~S ~~ ~L~ ~=~o' 2000 PHASE II ~EE SUR~Y/MI~GA~0N PLAN ~ ~ SHEET PD 176R2 N~E 1 ~ 1 C~E~ ~XAS .... LEGEND ce 20"pecan ~ 6 ; 10"cedor TREE REMOVAL AND MITIOATION CHART LOT AREAS: BETHEL ROAD ESTATES PHASE 11 (Formerly McMillen Estotes; one lot ~ ~ ot 1,7281 Acres) LOT 2 BLOCK h // ~ OLD COPPELL ESTATES; LOTS 15R ~ 16R BLOCK 1(Formerly Old / ~ Coppetl Estetes; Lots 15 end 16 Block 1) / BIG CEDAR ESTATES COT 15. CLOCK q: WENDY WEBSTER ~ / ~ Originol Eot 15 0,2845 A .... ~¢ // BLOCK ~0~t~o.,~ a~, o,oo3o ~ / 9 ~ LOT 16R BLOCK 1: / J / ~ ~ BETHEL ROAD ESTATES ~"=20' 200~ PHASE II TREE SKETCH/MITIGATIONpD t76R2 PLAN ........... SHEET i COPPELL, IEXAS NONE