CC approval of ORD 2/28/95 AGENDA REQUEST FORM
CITY COUNCIL MEETING: February 28, 1995 ITEM # ~
ITEM CAPTION:
Consideration and approval of an Ordinance for ZC-532, to change the
zoning from R (Retail) to SF-9 (Single Family-9) to allow single
family development on an 18.941 acre tract of land located
approximately 320 feet east of Riverchase Drive and 237 feet south of
Sandy Lake Road, and authorizing the Mayor to sign.
TITLE= ' lanning & Co,unity Services INITI~S~,~,
ST~F CO~ENTS =
This zoning change was approved by the City Council at its October 8,
1991, meeting. Mr. Johnny Thompson asked staff to defer this
Ordinance until now.
STAFF RECOMMENDATION Approval ~ Denial
EXPLANATION=
BUDGET AMT.$~/A AMT. EST.$ +/- BUD:$
FINANCIAL COMMENTS:
FINANCIAL REVIEW: ~ CITY MANAGER REVIEW:~ ~'i
Agenda Request Form - Revised 1/94
Put "goldenrod' IXtl~r h prier ~
AN ORDINANCE OF THE CITY OF COPPELL,. TEXAS
oRDINANc NO. 91500-A-81
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 "SF-9"
(SINGLE FAMII,Y-9) ON A 18.941 ACRE TRACT OF LAND LOCATED
APPROXIMATELY 320 FEET EAST OF RIVERCHASE DRIVE AND 237
FEET SOUTH OF SANDY LAKE ROAD, COPPELL, DALLAS COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN E~IT
"A" ATTACHED HERETO; 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.
ZC-532 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 "R" (Retail) to "SF-9"
(Single Family-9) on a 18.9481 acre tract of land located approximately 320 feet East of
Riverchase Drive and 237 feet South of Sandy Lake Road, Coppell, Dallas County, Texas, and
being more particularly described in Exhibit "A" attached hereto and made a part hereof for all
purposes.
AGG066A4
SECTION 2. 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 3. That all provisions of the Comprehensive Zoning Ordinance 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 4. 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 5. 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 6. That any person, £m'n 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 f'me 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
AG-G066A4
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,8,~ ~ay
of _~~, 1995.
APPROVED:
TOM MORTON, MAYOR
ATTEST:
LINDA GRAU, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SMITI~, CITY ATTORNEY
(PGS/jd 2-7-95)
AGCd~A4
LEGAL DESCRIPTION
Being a tract of land situated in the W. Perry Survey, Abstract No. 1152 in Dallas County, Texas,
and being part of that same 25.0489 acre tract conveyed by Jean Hudnall Marsh and John Wesley
Hudnall, III to Johnny $. E. Thompson, Adrian F. Moore, and Steve Kimbrel by deed dated
September 13, 1983 recorded in Volume 83184, Page 2397, of the Deed Records of Dallas
County, Texas, (D.R.D.C.T.) and being more particularly described as follows:
BEGINNING at a point in the West line of a 7.316 acre tract conveyed to Floyd C. & Earl K.
Farrow by deed recorded in Volume 76127, Page 2568 D.R.D.C.T., said point being South 12
degrees 50 minutes 33 seconds East from the Northwest comer of said tract and from the
intersection of said West line with the south right-of-way line of Sandy Lake"Road;
THENCE South 12 degrees 50 minutes 33 seconds East, along said West line, said line being
the common line of said 25.0489 acre and 7.316 acre tracts, a distance of 360.18 feet to a point
for comer;
THENCE South 02 degrees 41 minutes 20 seconds West, continuing along said common line,
for a distance of 259.38 feet to a point for comer in the north line of a 367.3806 acre tract
conveyed to Terra Corporate Joint Venture by warranty deed recorded in Volume 87126, Page
0835 D.R.D.C.T.;
THENCE North 89 degrees 47 minutes 00 seconds West, with the South line of said 25.0489
acre tract and the occupied North line of said 367.3806 acre tract, and with an existing fence line
and tree line, a distance of 1362.70 feet to a point for comer, said comer being the Southwest
comer of said 25.0489 acre tract, said comer also being in the West line of the W. Perry Survey,
Abstract No. 1152, and the East line of the David Myers Survey, Abstract No. 866;
THENCE North 00 degrees 43 minutes 05 seconds West, with the common and occupied line
of said 25.0489 acres and 367.3806 acre tracts, and with an existing fence line and tree line, for
a distance of 610.08 feet to a point for comer;
THENCE South 89 degrees 47 minutes 00 seconds East, departing said common line, for a
distance of 1302.46 feet to the POINT OF BEGINNING and containing 18.9481 acres or 825,380
square feet of land.
EXHIBIT "A"
D. Eddie Park, 132 Redwood Drive, Gi Han, 113 Redwood Drive, Wesley Lockwood, 501
Rolling Hills and Kyong Han, 113 Redwood Drive suggested to the Council to move the
Stop 'N Go and replace it with a bowling alley, swimming pool or a hockey rink.
E. Mark Senior, 608 Quail Lane, Joslyn Short, 438 Clearcreek Lane and Jennifer Richards,
312 Woodhurst Place read letters to the Council in support of bringing a 4-H Club in
Coppell.
F. Kevin Segler, 634 Pheasant Lane and Lissa Ranck read letters to Council concerning the
bringing in of a Taco Bell.
16. Status report by City Manager regarding opposition to the upgrade and/or
relocation of the TU transmission line on Sandy Lake Road.
Lambeth Townsend, Attorney from Austin retained by the City to assist with the Sandy Lake
Road Transmission Line issue, made a presentation to the Council. Mayor Morton asked for
questions from two citizens in the audience. Tom Williams, 700 Post Oak, inquired as to
whether the citizens would have a right of intervention should TU file for another route. Mr.
Townsend felt that the citizens would have an opportunity to be heard. Mr. Williams also asked
what the chances might be to have the PUC heating held locally instead of in Austin. Mr.
Townsend indicated that there might be a possibility of working something out with the PUC
regarding holding at least part of the heatings locally.
The Students in Government portion of the meeting ended at this time and certificates were
distributed to the students.
A five-minute recess was held at this time.
17. Citizen's Appearances.
There were no citizens signed up to speak under this item.
CONSENT AGENDA
18. Consider approval of the following consent agenda items:
A. Consideration and approval of an Ordinance for S-1090, to change the
zoning from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special
Use Permit) to allow the operation of a natural gas well with special
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conditions on one acre of a 43.8913 acre tract of land located at the
northwest corner of Thweatt and Coppell Roads, and authorizing the
Mayor to sign.
B. Consideration and approval of an Ordinance for ZC-532, to change the
zoning from R (Retail) to SF-9 (Single Family-9) to allow single family
development on an 18,941 acre tract of land located approximately 320
feet east of Riverchase Drive and 237 feet south of Sandy Lake Road,
and authorizing the Mayor to sign.
C. Consideration and approval of an Ordinance for $-1089, to change the
zoning from R (Retail) to R-S.U.P. (Retail, Special Use Permit) with
special conditions for a restaurant, (Mr. Jim's Pizza), located at 600 E.
Sandy Lake Road, Suite 110, and authorizing the Mayor to sign.
D. Consideration and approval of an ordinance amending the Code of
Ordinances by amending Sections 9-11-3D and 9-11-3P by adding
Section 9-11-3R and Section 9-11-7H regulating the operation of model
airplanes, providing hours of operation for Andrew Brown Jr. Parks
(East and West); regulating golfing in City parks; authorizing the Parks
and Recreation Superintendent to cancel or suspend use of athletic
facilities, and authorizing the Mayor to sign.
E. Consideration and approval of an ordinance amending Chapter 9 of the
Code of Ordinances by adding Section 9-11-11, establishing a Tree
Board, and providing a program for the preservation, protection,
maintenance, and planting of trees and other plant material on public
property within the City; and authorizing the Mayor to sign.
F. Consideration and approval for an Ordinance amending Chapter 18 of
the Code of Ordinances of the City of Coppell, General and Special
Fees, by repealing Article 18-10, Animal Control Fees, in its entirety,
and authorizing the Mayor to sign.
G. Consideration and approval of a resolution establishing fees for animal
control services to defray the costs of providing such services, and
authorizing the Mayor to sign.
H. Consideration and approval for an Ordinance amending Chapter 11 of
the Code of Ordinances of the City of Coppell, Industrial Waste and
Sewer Use Regulations, and by adding Subsection ll-15-1B in its
entirety, and authorizing the Mayor to sign.
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I. Consideration and approval of a resolution establishing fees for waste
hauler and industrial waste and sewer user permits, surcharges, and
costs of services provided to industrial waste and sewer users as
authorized by the Industrial Waste Ordinance, and authorizing the
Mayor to sign.
Item 18 G was pulled for further consideration.
Items 18 A, B, C, D, E, F, H, & I --
Mayor Pro Tern Robertson moved to approve Consent Agenda Items 18 A carrying Ordinance
No. 91500-A-80; B carrying Ordinance 91500-A-81; C carrying Ordinance No. 91500-A~82;
D carrying Ordinance No. 95695; E carrying Ordinance No. 95696; F carrying Ordinance
95697; H carrying Ordinance No. 95698 and I carrying Resolution No. 022895.5.
Councilmember Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Robertson and Councilmembers Alexander, Sturges, Watson, Reitman, Mayo, and Sheehan
voting in favor of the motion.
Item 18 G --
Councilmember Mayo expressed a concern regarding the capture of wild animals and costs.
Perri Kitties, Environmental Health Officer, made a presentation to the Council. After
discussion, Council requested that changes be made to the fee schedule and that this item be
placed on the agenda for the March 14, 1995 meeting.
Items 20, 21 and 22 were considered at this time. See Items 20, 21 and 22 for minutes.
19. Necessary action resulting from Executive Session.
There was no action taken under this item.
20. City Manager's Report.
A. City Manager Jim Witt announced that the advisory group which has been formed by the
Council regarding the TU transmission lines will convene after spring break, possibly
during the week of March 20th. Further information will be available to homeowners.
B. City Manager Jim Witt stated that one item which was tabled from the work session
would be discussed at this time. Clay Phillips, Assistant City Manager/Fire Chief,
introduced Greg Schon of Phillip Swager Associates, who gave an overview and
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