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PD190-AG010710T H z~ C~ I T Y 0 F 'COFFELL AGENDA REQUEST FORM CITY COUNCIL MEETING: July 10, 2001 ITEM # ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-190 Trinity Shores, zoning change from R (Retail) to PD- SF-9 (Planned Development-Single-Family-9) to allow the development of 19 single-family homes on approximately 7.31 acres of property located on the south side of Sandy Lake Road, west of the Trinity River, and authorizing the Mayor to sign. A PPRO VED CiTY COUNCIL SUBMITTED B . Gary L. Steb . -- TIT Planning/ and Community Services ~ ~ 7 STAFF COM~NTS: ~ Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On June 12, 2001, City Council unanimously approved this zoning change (7-0). Staff recommends approval of this Ordinance. DIR. INITIALS:~~. FIN. REVIE~ Agenda Request Form/Revised 5/00 CITY MANAGER REVIEW: Document Name: ~PD190o AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. C/15'O0 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 GRANTING A CHANGE IN ZONING FROM "R" (RETAIL) TO "PD-190" (PLANNED DEVELOPMENT-SINGLE FAMILY-9) TO ALLOW FOR THE DEVELOPMENT OF NINETEEN (19) SINGLE FAMILY HOMES ON APPROXIMATELY 7.31 ACRES LOCATED ON THE SOUTH SIDE OF SANDY LAKE ROAD, WEST OF THE TRINITY RIVER AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR A CONCEPTUAL PLAN, LANDSCAPE PLAN, SCREENING WALL DETAILS, AND TREE PRESERVATION AND MITIGATION PLAN, ATTACHED HERETO AS EXHIBITS "B", "C", "D", AND "E", RESPECTIVELY; 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-190 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 fi.om "R" (Retail) to "PD-SF-9' (Planned Development - Single Family-9) to allow for the development of nineteen (19) single- family homes on approximately 7.31 acres of property located on the south side of Sandy Lake 1 41878 Road, west of the Trinity River, and being more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the Single-Family-9 zoning district, except as amended herein, and the Conceptual Plan, Landscape Plan, Screening Wall Details and Tree Preservation and Mitigation Plan, attached hereto as Exhibits "B", "C", "D", and "E", respectively: A. That the developer submit to the Engineering Department of the City of Coppell an approved updated Federal Emergency Management Administration map indicating that a portion of the property, as depicted in Exhibit "B", has been removed fi.om the flood plain, prior to the filing of the final plat. B. That a decorative metal fence shall be constructed along the property line of lots 8, 9, 10, and 11. SECTION 3. That the Site Plan, Conceptual Plan, Landscape Plan, Tree Survey, and Tree Preservation and Mitigation Plan, attached hereto as Exhibits "B", "C", "D", and "E", respectively, attached hereto 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 pa~ 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, 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 //~ ~'/~day of &.,o]ot_ ,2001. ROBERT E. HA~ (REH/cdb 6/29/01) E~tlTY ATTORNEY APPR/~VED: _/ ~ // CANI~Y-SHEEI~AN-,, MAYOR ATT~E S~ //~ ~Y 3 '318'73 LEGAL DESCRIPTION BEING A TRACT OF LAND SITUATED IN THE WESTON PERRY SURVEY, ABSTRACT NO. 1152 IN THE CITY OF COPPELL, DALLAS COUNTY, T~_XAS, AND BEING THAT SAME TRACT OF LAND CONVEYED TO FLOYD C. FARROW AND EARL K. FARROW, AS DESCRIBED BY WARRANTY DEED RECORDED IN VOLUME 76127, PAGE 2568 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A FOUND 1/2 INCH IRON ROD FOR THE NORTHWEST CORNER OF SAID FARROW TRACT AND THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO DONALD B. HUFFINES AND PHILLIP W. HUFFINES, AS DESCR',BED BY WARRANTY DEED RECORDED IN VOLUME ~ " OF RECORDS OF DALLAS COUNTY, TEXAS, AND 97071,. A~,E 1277 THE DEED ALSO SAiD 1/2 INCH iRON ROD BEING LOCATED IN THE SOUiH RIGHT CF WAY LINE OF SAND LAKE ROAD W1TH AN EXIST1NO 60 FOOT RIGHT OF WAY; THENCE South 89 degrees 19 minutes O0 seconds Eost for a distonce of 326.510 feet TO A FOUND CAPPED 1/2 INCH IRON ROD IN THE NORT~qWEST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED FRED LEE HARRINGTON, AS DESCRIBED BY WARRANTY DEED RECORDED IN VOLUME 69157, PAGE 1745 OF THE DEED RECORDS OF DALLAS COUN,'Dr', TEXAS; T~HENCE South 04 degrees 27 minutes 54 seconds Eost for c d;storce of 409.896 feet TO A FOUND 2 INCH PiPE FOR THE SOUTH',~-ST CORNER OF' SAID HARRiNGTON ?RACT; "'-.ENCE Sou? 67 degrees 30 m[r~utes 44. seconds Eost for ¢ distc~ce of !72.638 feet TO A FOUND 1/2 iNCH !RON ROD FOR SOUT,-:'~ST CORNER OF SA!D HARRiNGTON TRACT, AND !N THE WEST TRACT CERTAIN TRACT OF LAND CONVEYED TO THE TR!NITY AU ~'~'-v. THENCE So,,th ~: degrees .38 minutes 09 seconds Ecst for c c:istcr'ce of 13`3.476 feet TO A SET CAPPED 1/2 INCH IRON ROD (STAM.~ED W!,TH R.P.L.S.#2,~57) IN THE SAiD WEST LIN."'- OF THE TRiNiTY RIVER .AUTHORITY; T~,ENCE South 35 degrees 21 minutes 15 seconds Ecst fcr c d;stcnce of 315.5-!-4 'eot TO A FOUND CONCRETE MONUMENT FOR CORNER IN THE NORTH LINE.' Cz THAT CERTAIN TRACT OF LAND CONVEYED TO ENTER:R'S:'S, AS DESCRIBED BY WARRANTY DEED RE:O~,2ED ~N ~0L~ME ~7174, -~$E 3¢49 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS; .F~ENCE South 58 degrees 46 minutes 59 secomds West for o distcr'ce of ,~5].439 feet TO A FOUND CAPPED 1/2 iNCH IRON ROD FOR THE NORTHWEST CORNER OF SAID GOLF ENTERPRISES TRACT, AND THE MOST NOR'rHE-~STERLY CORNER OF THE EAGLE POINT VILLAGE AT RIVERCHASE, AN ADDITION TO THE CITY OF' COPPELL,DALLAS COUNTY, TEXAS, ACCORDING TO T'~E P'_AT THEREOF RECORDED IN VOLUME 95055, PAOE ~-5 OF T"~E MAP RECORDS OF' DALLAS COUNTY, TEXAS; ,-.-ENCE Nor?. 8~ degrees 46 minutes .38 secceCs West fcr c IN,,.. I~ON Cistc.'t. ce~' !73.6-~= ~ee: TO A SET CAPPED 1/2 '~ (ST~,M~-ED WlTH R.;.L.S.,~2-t37) FOR THE SOUTHEAST CORNER 0"" R ESTATES, ~N ADC'~'qON TO THE CITY OF COPPELL, DAb. LAS COUNTM, T:ZXAS, ~CCORD,NG TO T~E :LAT THEREOF RECORDED IN VOLUME 97174, :.:SE 5345 OF THE ~A~ RECORDS OF DALLAS COUNTY, TEXAS; ~-~' ~'"' 02 ~ .~,N~.,_ Nort'~ degrees 43 minutes 49 seconCs E.~st for (: dis'.c¢ce o,' 259..~.75 feet TO A FOUN0 PiPE FOR CORNER; T~ENC¢' Nort'~ ~2 degrees 51 m;nutes 48 seconds 'Nest for c dlstor~ce 572..3:2 feet TO ThE =CINT OF BEGINNING AND CON-A:NiNG 7.542 A~RES OF LAND. EXfllBIT "A" ii -% EXHIBIT Z Ld E~q~T BIT "D"