CC approval of ORD 6/28/94 AGENDA REQUEST FORM
The Cit~ With ^ ~,e~utif~l F~ture
CITY COUNCIL MEETING: June 28, 1994 ITEM
ITEM CAPTION:
Consideration and approval of an ordinance for Case #ZC-
555(CH)Amended, changing the zoning from SF-9 (Single Family-9) to
SF-7 (Single Family-7) or any other more restrictive district, located
at the northeast corner of Parkway Boulevard and Coppell Road, at the
request of the City of Coppell.
SUBMITTED ~. Gary L. Sieb .)
Director of Planning & Comm. Services INITIALS ~,
TITLE:
STAFF CO~ENTS:
Please refer to Case ~ZC-555(CH)Amended staff report for more
information.
STAFF RECOMMENDATION Approval ~ Denial
EXPLANATION:
BUDGET AMT.$ ~/~ 1M'vlT. EST.$ +/- BUD:$
FINANCIAL COMMENTS:
FINANCIAL REVlEW:~ CITY MANAGER REVIEW:~/
~enda Re~t Fo~ - Rev~ 1/94
AN ORDINANCE OF THE CITY OF COPPELL~ TEXAS
ORDINANCE NO. 91500-A-60
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 "SF-9" (SINGLE FAMILY) TO
"SF-7~ (SINGLE FAMILY) ON A TRACT OF LAND OF APPROXIMATELY
90 ACRES LOCATED NORTH OF PARKWAY BOULEVARD AND EAST OF
COPPELL ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN
EXHIBIT 'A~ ATTACHED HERETO; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the 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 and finds
in Zoning Case No. ZC-555 (CH), in the exercise of its legislative discretion, 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 Coppe11, Texas,
duly passed by the governing body of the City of Coppe11, Texas, as heretofore amended,
be and the same is hereby amended to grant a change in zoning from "SF-9" (Single Family)
to "SF-7" on a tract of land of approximately 90 acres located at the northeast corner of
Coppell Road and Parkway Boulevard, and being more particularly described in Exhibit "A"
attached hereto and made a part hereof for all purposes.
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. REPEALING CLAUSE
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. SEVERABILITY CLAUSE
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. PENALTY CLAUSE
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 6. SAVINGS CLAUSE
An offense committed before the effective date of this ordinance is governed by the
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 7. EFFECTIVE DATE
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, PA/~SED by the City Council of the City of Coppell, Texas, this the ~
.
day of c,~c~ 1994.
APPROVED:
'"~t'OM MORTON, MAYOR
ATTEST:
APPROVED AS TO FORM:
5a-E--T~R G~'-SMITH, R~ITY ATTORNEY
3
EXHIBIT
BEING a tract of land located in the THOMAS L HOLLAND SURVEY, ABSTRACT
NO. 624, DAIJ~S COUNTY, TEXAS, that includes a tract of land as recorded in Volume
76112, Page 2584, a tract of land as recorded in Volume 89158, Page 328, and the remainder
of SECTION II, VILLAGE AT COTI'ONWOOD CREEK as recorded in Volume 85237,
Page 5014 and being more particularly described by metes and bounds as follows:
BEGINNING at the most Northeast corner of Lot 2, Block 1 of SECTION II, VILLAGE
AT COTTONWOOD CREEK, said beginning point also located in the Northeast comer
of the THOMAS L. HOIJ.AND SURVEY, ABSTRACT NO. 624, and the Northwest
corner of the C. SQUARE SURVEY, ABSTRACT NO. 1327;
THENCE with the East line of said SECTION II, VILLAGE AT COTTONWOOD
CREEK, South 00° 11' 49" East, a distance of 1225.00 feet to an intersection point of the
centerline of Parkway Boulevard with said East line of SECTION II, VILLAGE AT
COTI'ONWOOD CREEK;
THENCE along the centerline of Parkway Boulevard following a curve to the left having
a central angle of 52' 19' 50", a radius of 820.00 feet, a chord bearing of South 63° 38' 16"
West, a chord length of 723.18 and an arc length of 748.94 feet to a Point of Reverse Curve;
THENCE continuing along the centerline of Parkway Boulevard following a curve to the
right having a central angle of 52° 40' 57", a radius of 820.00 feet, a chord bearing of South
63° 48' 50" West, a chord distance of 727.7, and an arc length of 753.98 to a Point of
Tangency;
THENCE continuing along said centerline, North 89' 50' 41" West, a distance of 1395.80
feet to a intersection point of the centerline of Parkway Boulevard with the centerline of
Coppell Road;
THENCE along the centerline of Coppell Road, North 00° 11' 42" West to an intersection
point of said centerline with the centerline of a tributary stream of Denton Creek;
THENCE northeasterly following the meandering centerline of said tributary stream to a
intersection point of said tributary stream with West line of Lot 3, Block 1, SECTION II,
VILLAGE AT COTTONWOOD CREEK;
THENCE along the West line of Lot 3, Block 1, SECTION II, VILLAGE AT
COTTONWOOD CREEK, North 00° 18' 06" West to the Northwest comer of said Lot 3;
THENCE along the North line of SECTION II, VILLAGE AT COTTONWOOD CREEK,
South 89' 53' 57" East, a distance of 1386.08 feet to the POINT OF BEGINNING.
EXHIBIT "A" ^oo0575~
16. PUBLIC HEARING:
Consideration and approval of Case #ZC-555(CH) Amended, zoning change from
SF-9 (Single Family-9) to SF-7 (Single Family-7) or any other more restrictive
district, located at the northeast corner of Parkway Boulevard and Coppell Road,
at the request of the City of Coppell.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Mayor Morton opened the Public Hearing and asked for those persons wishing to speak against
this proposal. There were none. He then asked for those persons wishing to speak in favor
of this proposal. Pat Atkins, 6330 Beltline, Garland, Texas spoke in favor of this zoning
change. See Item//17 for motion and vote.
17. Consideration and approval of an ordinance for Case #ZC-555(CH) Amended,
changing the zoning from SF-9 (Single Family-9) to SF-7 (Single Family-7) or any
other relative district, located at the northeast corner of Parkway Boulevard and
Coppell Road, at the request of the City of Coppell.
Mayor Pro Tern Robertson moved to close the Public Hearing and approve Ordinance No.
91500-A-60 for Case #ZC-555(CH) Amended, changing the zoning from SF-9 (Single Family-9)
to SF-7 (Single Family-7), located at the northeast corner of parkway Boulevard and Coppell
Road, at the request of the City of Coppell and authorizing the Mayor to sign. Councilmember
Stahly seconded the motion. The motion carried 5-2, with Mayor Pro Tem Robertson and
Councilmembers Alexander, Stahly, Reitman and Sheehan voting in favor of the motion, and
Councilmembers Watson and Mayo voting against the motion.
18. PUBLIC HEARING: (Continued from 6-14-94)
Consideration and approval of a zoning change, Case #ZC-559(CH) from 2F-9, MF-
2 and LI to any appropriate zoning district classification, including, but not limited
to, $F-7, SF-9, SF-12, SF-18, SF-ED, 2F-9, MF-1, and/or LI, on approximately 140
acres of land located along the west side of Coppell Road, along the north and south
side of Ruby Road.
Mayor Pro Tem Ron Robertson had £~led a Conflict of Interest with the City Secretary on the
item and withdrew from the Council at this time. Gary Sieb , Director of Planning and
Community Services, made a presentation to the Council. Mayor Morton opened the Public
Hearing and asked for those persons wishing to speak against this proposal. Don Moulton, NCH
Corporation, addressed the City Council and commented that NCH did not agree with the
Planning Commissions' recommendations and submitted a letter withdrawing their Planned
Development Proposal from consideration. Mayor Morton then asked for those persons wishing
to speak in favor of this proposal. Chuck Sturges, 132 Newport Drive; Rick Burlingham, 492
Halifax; Martha Jo Cozby, 412 South Coppell Road; Pat Keenan, 412 Wellington; and Barbara
Bailey, 232 Plantation; spoke in favor of this proposal. Mike Cogburn, 124 Heatherglen,
addressed the Council regarding a public hearing on July 18, 1994 to solicit input of ail citizens
regarding the Historical District located in this area. Councilmember Reitman moved to close
the Public Hearing and approve Zoning Change Case #ZC-559(CH) from 2F-9, MF-2 and LI
to LI on approximately 140 acres of land located along the west side of Coppell Road, along the
north and south side of Ruby Road. Councilmember Mayo seconded the motion. Motion
carried 6-0 with Councilmembers Alexander, Stahly, Reitman, Watson, Mayo and Sheehan
voting in favor of the motion. Mayor Pro Tem Robertson returned to the Council at this time.
19. Necessary Action Resulting From Executive Session.
There was no action to be taken as a result of Executive Session.
CM062894
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