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CC approval of ORD 8/8/89Rev. 4- -89 * AGENDA REQUEST FORM CITY COUNCIL MEETING Auqust 8, 1989 ITEM NO. 20 iTEM CAPTION: an ordi~ce for Case # ZC-521 to change the zohin9 designation To consider from PD-Retail to .$~g~4gle Family-~9 (SF-9) on a parcel of land located at the northeast corner,..6~/Bgth~e~¢ $9~1 Road & Plantation Drive. and authorizing ~e May~/~ ~gn. / SUBMITTED BY: ~~~'~/_ STAFF R~{g:nn?~V~nZ~rc~8~n  Directo~' ~ ,/." OTHER R~.: , ~ 7ALUATION ~F~T~: Date of Planning and Zoning Meeting: 5-18-89 Decision of Planning and Zoning Commission: Approved ( Date of City Council Meeting: 6-13-89 Decision of City Council: Approved (7-0) with variances as requested. Please see attached site plan and City Council minutes for further details. BUDGET AMT.: AMT. ESTIMATED: ~MT. +/- BI~GET: CC~-;MEETS: FINANCIAL REVIEW BY: LEGAl, REVIEW BY: '3 - /,~ ,'* _ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AN ORDINANCE OF THE CITY OF COFPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICATION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING ASEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the Governing Body of the City of Coppell, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, 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, the said Governing Body is of the opinion that said change of zoning, which is on application of Centex Real Estate Corp., No. CZ-521, should be granted and the Comprehensive Zoning Ordinance of the City of Coppell should be amended in the exercise of its legislative discretion. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be and the same is hereby amended by amending the Zoning Map of the City of Coppell, to give the hereinafter described property a new zoning district classification, to-wit: "SF-9" Single Family Dwelling District Classification. Said property being described as follows: BEING a tract of land in the City of Coppell, Texas, and described in Exhibit "1" attached hereto. Said property also shown on th site plan attached hereto as Exhibit "2". SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, 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 invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a who]e. SECTION 5. 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, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare of the City. Therefore, this ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSI~D by the City Council of the City of Coppell, Texas, this the ~' -'~ day of ~ , 1989. APPROVED: ATTEST: M A APPROVED AS TO FORM: ~ ~'~CC~ CITY A TTO~I~E Y CZ89-0728 ZC-521 OWNERSHIP CERTIFICATE STATE OF TEXAS COUNTY OF DALLAS WHEREAS, CENTEX REAL ESTATE CORPORATION is the owner of a 1.126 acre tract of land situated in the E. A. Crow Survey, Abstract No. 301, in the City of Coppell, Dallas County, Texas, 'said tract being Lot 33, Block A, of Shadow Ridge Estates - First Increment as recorded in Volume 84110, Page 6743 of the Deed Records of Dallas County, Texas, said tract of land being more particularly described as follows: BEGINNING at the northwest corner of said' Lot 33 being the southwest corner of Lot 32, Block A, Shadow Ridge - Fi=st Increment said point also being in the easterly right-of-way of Plantation Drive (a 90 foot R.O.W.). THENCE S.86°12'23" E along the common line of Lot 33 and Lot 32 a distance of 209.28 feet to a point for corner; THENCE S 21"36'34" E a distance of 167.05 feet to a point in the north right-of-way line of Bethel School Road; THENCE along the north right-of-way line of said Bethel School Road the following calls: S 78c16'45" W a distance of 7.85 feet to the point of curvature of a curve to the left having a central angle of 16"08'00", a radius of 746.20 feet and a tangent length of 105.76 feet. THENCE along said curve to the left a distance of 210.11 feet to the point of tangency of said curve; THENCE S 62°08'45'. W a distance of 30.21 feet to the intersection of said north right-of-way line of Bethel School Road with aforementioned east right-of-way line of Plantation Drive; THENCE along the east right-of-way line of Plantation Drive the following calls: N 27°51'15.' W a distance of 5.57 feet to the point of curvature of a curve to the right, having a central angle of 31"38'52", a radius of 355.00 feet and a tangent length of 100.61 feet; THENCE along said curve to the right a distance of 196.09 feet to the point of tangency of said curve; THENCE N 03~47'37'' E a distance of 61.62 feet to the point of beginning and containing 1.126 acres of land, more or less. Item lit PUBLIC HEARIHG to consider · souin~ change request from (PI)-R) Planned .Developudnt-Retail to (SF-9) Single Family-9, Case #ZC-521 located aC Cb north-east corner of hChsl School Road and Plantation Drive at the request of Centex Real Estate Corporation. Date of P&Z Heating: 5-18-89 P&Z Decision: Approved (3-2) with variances as submitted except for Variance A. Plannini and Zoning Coordinator Taryon Bowman made the presentation to the Council. Ns. Bovman stated that the Plannin$ and Zoning Com~tssion has recommended, by a 3-2 vote, approval of this zonini chanse alon8 with the requested variances. Those variances are as follows: 1. That there would be no alleys provided in association with this development. The Plannini and Zonin$ Comsission also determined that the requested variance for the width of Lot 33-R1 at the bulldinl line, being less than sixty-five (65) feet wide, was no 1onset necessary and should be deleted. ~ayor Wolfe declared the public hearing open and asked for those persons who wished to speak in favor of the proposed zonin$ change. Those persons speaking were ~8. Barbara Bailey, 233 Steamboat. P~yor Wolfe then asked for those persons who wished to speak against the proposed zoning chanEe. There were none. The public hearing was then declared closed. Follovin$ discussion on this item, Councilman Norton moved to approve the zoninl change a8 requested with the variance for no alleys in the development bein$ approved. Councilman Smothermon seconded the motion; motion carried 7-0 with }layor Pro Tam Wilkerson, Councilmen Thomas, Horton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Item 15: PUBLIC HEARING to consider a replat for the Shadovridse Estates &ddition, First Increment located at the northeast corner of Bethel School Road and Plantation Drive at the request of Centex Real Estate Corporation. Date of P&Z HeetinS: 5-18-89 P&Z Decision: Approved (5-0) with the noted provision. Planning and gonin~ Coordinator Taryon Bowman made the presentation to the Council. )ts. Bowman stated that the Planning and Zonin~ Commission has unanimously recommended approval of thi~ replat with the provision that the thirty (30) foot side setback along Bethel School Road be adjusted to the meet the City Codes and that the width of the lots also be adjusted. Mayor Wolfe then opened the public hearing and asked for those persons who wished to speak against the above stated proposal. There were none. He then asked for those persons who wished to speak in favor of the above stated proposal. Again, there were none. liayor Wolfe then declared the public hearing closed. Following discussion on this item, Councilman Robertson moved to recommend approval with the provision that the thirty (30) foot side setback along Bethel School Road be adjusted to meet the City Code and the width of the lots also be adjusted. Councilman Horton seconded the motion; motion carried 7-0 with Nayor Pro Tam Wilkerson, Councilmen Thoua8, Norton, Smothermon, Co~man, Robertson and Nelson voting in favor of the motion. Item 16: Consideration of a Pinll Plat for the Neadows iAditiou, : ' ' ' -~."'"'.. -:'.'" ..~..?,"" ~'-: '""~'... ~; ~.. i-"' :-'. . ...'¢--_ ' '.- '_ ' ' "'"'" f THIS STAT[~NT ~S A' O~F=~ '%~. .. : : '?:~'"' '." . SECOND COPY ~: "-'--'--' ,ACCOU~UM6~;~:'-~' ' .... "'- . CI~'OF COPPEbL,~T~S ' " . ......:--~'=~.~K~ .... · .... -. -. ~" ~ ~G; ~. -r :'~~~-' - 2~ PARKWAY BLVD. - P.O. BOX 478 ' ~.: .'. ~.~'~DN '-~'r: ';' ;.,..-:- COPPEL~ TEXAS 7~19., .. .~ · . ) , · ._. ,~. -~'~. ~.~:..:. -.:¢..-.. '... -. ~..-.. . . ,- ,.. :.. .... ~ ........ '::'. ~' - ' ' .... ' ' : . AND THER~ER ' STATEMENT OF TAXES FOR CURRENT YEAR ON ~BOVE DESCRIBED PROPERS.. : 1%' P~ MON~ · ' .. ' - R~URN WITH PAYMENT. ~ __ - ........ --_ - v April 19, 1989 Taryon Pastor Bowman Planning & Zoning Coordinator City of Coppell 255 Parkway Blvd. Coppell, Texas 75019 Re: REPLAT & ZONING CHANGE OF LOT #33, BLOCK A, OF SHADOW RIDGE ESTATES 1ST INCREMENT Dear Taryon: It is requested that the City of Coppell review the accompanying preliminary plat submission and request for zoning change for the residential development entitled "Shadow Ridge Estates - Fourth Increment." Please find the following attachments: 1. A completed Subdivision Application. 2. A completed Zoning Application. 3. A legal description of the proposed development site. 4. A description of the "SF-9" Single Family Residential District Regulations which includes proposed development items which are in excess of those required in the District. 5. A statement from the City of Coppell Finance Department concerning the status of current taxes on the property. 6. A Replat plan sheet. Page Two April 19, 1989 Re: REPLAT & ZONING CHANGE OF LOT ~33, BLOCK A, OF SHADOW RIDGE ESTATES 1ST INCREMENT I would like to attend the Development Review Committee's comment and review session in order to facilitate the answering of any quessions the City of Coppell may have concerning this project. Sincerely, Steve Stolte Land Development Project Manager Centex Real Estate Corporation 1660 South Stemmons, Suite 150 Lewisville, Texas 75067 (214) 221-5556 The following variance is associated with the Replat of Lot #33, Block A of Shadow Ridge Estates 1st Increment: A. That the width of lot 33-R1 at the building line shall not be less than sixty-five (65) f~et. Raviged: 6-17 §7 ~**MI;ST RETURN AI,L SlX ~ES OF THIS APPLICATION CITY OF COPPEI.L ZONING APPLICATION 214-462-0022 A: Requesting: Change of zoning from ,~i ADD ~1~ PD-Retail to SF-9 ' Iii ~°~ ~'~eclrlc Use Permit [ ] B. Description & Location of Property: 1. Survey & Abstract: E.A. Crow Survey (A-301)Cit¥ of Coppell, Dallas County,-T~.was 2. Addition Name (if applicable): Shadow Ridge Estates 1st Increment 3. Lot & Block (if applicable): Lot 33, Block Az/ 4. Total Number of Acres: 1.126 5. Location further described: Northeast quadrant of the intersection of Bethel School Road and Plantation Drive C. Zoning Requested: Present Zoning Proposed Zoning Dwelling Floor Area Classifi- Gross Net~ Classifi- Gross Net* Units/Acre (Non-Resid. cation Area Area cation Acres Acres (Resid. Only) Uses Only) PD-Retail 1.126 1.126 SF-9 1.126 1.126 2.66 N/A *'EAC'fud~s major & secondary thoroughfares. ,. ..... ., son(s) for Zoning Change (please be specific): Local market preference '-." for residential versus retail property offerings. E. Fee: I (We) hereby certify that the application fee, $ 106.76 , to cover the cost of this zoning application, has been paid to the City of Coppell on 4/19 , 19 89 . Further, I (We) hereby authorize the City of Coppell and its employees, co enter upon the premises herein above described at ail reasonable times for the purpose of erecting, maintaining, or removing signs to notify the public of the pending zoning application and/or public hearing concerning said application. I (We) release the City of Coppell and its employees from liability for any damages which may be incurred to my (our) property in the erecting, maintaing, or removal of said signs. Date: 4/19/89 · Owners Name:Centex Real Estate Corp. Representative: Schrickel, Rollins & Address: 1660 S. Stemmons, Suite 150 Owners Signature: ~.~r/~-~',/~/.-~Z~ Lewisville, Texas 75067 Telephone ~: (817) 640-8212 (214) 221-5556 CASH RECEIPT Date (-~-~/-L.~J /.c 19 r~-'? 0004612 Address. HOW PAID ~T OF ACCOUNT CASH CASH ~ Da,e P,.~,~-( /~ ,9 ~ 00046]L]L RECEIPT ;.,; ~ ~ .-. . Address ACCOUNt HOW PAID ~T OF ACCOUNT B~LANCE MONEY Goppell, Texas 75019 The City With A Beautiful Future 214-482-0022 PLANNING & ZONING DEPARTMENT (Name of Project:) . (Date:) Scheduled For P & Z Meeting:) Please provide signatures to verify that the above mentioned project has been reviewed for conformance to all ordinances, rules and regulations for the City of Coppell, and does meet such standards. DEPARTMENT: DATE: SIGNATURE: Building Inspections Engineering Department Fire Department ~--..- Tax Dep~tment Pla~ing Dep~tment Public Works Oep~tment General Telephone Co. P~agon Cable Company Texas Power & Light TB/I~g