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CC approval of ORD to SF-9 4/12 AGENDA REQUEST FORM wil~ ^ E~Muti~l ~ CITY COUNCIL MEETING: April 12, 1994 ITEM ITEM CAPTION: Consideration and approval of an ordinance for Case ~ZC-555(CH) to change the zoning from MF-1 and MF-2 to any appropriate zoning district classification, including, but not limited to, SF-7, SF-9, SF-12, SF-18, SF-ED, and/or MF-1, on approximately 90 acres located on a tract of land at the northeast corner of Coppell Road and Parkway Boulevard; more particularly described in the Dallas County Records as Abstract 624, tracts 1 and 3, and Village at Cottonwood Creek II, Addition, and authorizing the Mayor to sign. SUBMITTED BY~ary L. Sieb TITLE: Dir. ~ P~anning & Community Services INITIALS ~.~.~.) STAFF COMMENTS: Please refer to Case #ZC 555 (CH) staff report for more information. STAFF RECOMMENDATION Approval ~ Denial EXPLANATION: BUDGET AMT ~//~ AMT. EST. $ +/- BUD: $ Ag~da R~u~t Fo~ - Revb~ 1/94 A PD SF.9 0 · LI "' co~o~v 0 C ~4/~/94 ~1~11 CITY OF C~P~LL 0~6 BEING a tract of land locah~ in the THOMAS L. HOLLAJ~D SUR¥IiY, ABSTRACT NO. 624, DALLAS COUNTY, T~XA$, that inelude~ s tmel. of land ~ recorded in Volume '761 P:~,c 2.584. a tract of land as recorded in ¥olume 89158, Pa§e 325, and the wmaindcr of IP.,CTION II~ VII.LAGIi AT COTTONWOOD CREEK a.~ rccord~ in Vulumc 5014 ~ be&n§ mom p~,Uculady dc.w. ribcd by m~ and bound.~ ~,.~ follows: BEGINNING a( (he mo.~t Northeast corner of Lot 2, Block 1 of SECIION 11, ¥1LL^Gn AT CO'I~ONWOOD CRHi/K, said be&inninl~ l~Ji~t al.~o locatod Rt in the Northeast c~rner of (he THOMAS L. HOLLAND SURV]3Y', AB.STRACT NO. 624, and the Northwest corner of the C. $OUAICE SURVEY, ABSTRACT NO. 132'7; THElqC]i wilJ~ thc F.a~t llne of ~aid SECTION 1I, YILLAGE AT CO'[TONWOOD CR]~EK, South CI0' 11' 49" East, a distance of 1225.00 feet to an intersection point of thc cent~fline of Parkway Boulevard with said ~ast linc of SF.L-'TION 11, VILLAGE AT Co'vroNwOOD CItF_.,EK; TI-I~NCE along the ¢~le, rlin¢ of Parkway Boulward following a ~ur~e to thy left hay&uS central angle of :~2' 19' 30", a radius of 8'20.00 feet, a chord bearing of South 63' Wmt~ a chord lenglh of 723,18 and an arc length of 748,94 t'eet to a Point of Reverse Curve; THF.,NCE continuing along the c. enterltne u£ Parkway Boulevard follow~ng a curve to Ihe right havin[: · central angle of//9' 40' .5'7", a radius of 820.00 feet, a chord bearing of South 63' 48' :50" West, a chord distance of 727,7, and an arc lent, th of 753.98 feet to a Point of Taniency; THENCE continuing along said centefline, North 89' 50' 41" West, a distance of 139~.80 feet tO a inter~.ction point of (h~ centedine of Parkway Boul~ward wlU~ thy gent~llne of CoppeJl Road; THBNCE along the centerlin¢ of Coppell Road, North 00' Il' 42" West to an intc. rsecfion poi~lt of ~aid cent~rline with (he centerline of a uibutary strcam of Denton Creek; THENCE nor(hea~tedy followin~ the meandering centedlne of ~aid tribuh~T stream to a inter~ction point of said tributary slxeam wi~h West lin~ of Lot :3, Block 1, gFL'~OIq ¥ILLArJI5 AT COTTONWOOD CRItU. K; THF. NCE alone the West line of Lot .3, Block 1, SECTION 1I, VILLAGE AT COTTONWOOD CREEK, Nu~'(h 00' I8' 06" W~t to the Northwest corner of said Lot :3; THENCE along the North line of SF. CTION 11, VILLAGE AT COTI'ONWOOD cRr~-K, ~otRh 89' 5:3' 57' East, a distance of 1386.08 fcct to thc POI1Wr OF BEGINNING. R-94~ 214 393 0948 04-08-94 11: I1AM P01 ~ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 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 "MF-I" (MULTI-FAMILY) AND "MF-2" (MULTI-FAMILY) TO "SF-9" (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" ATFACHED 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 City Planrdng 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 Coppcll, 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 Case No. ZC-$55 (CH) should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance 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 "MF-I" (Multi-Family) and "MF-2" (Multi-Family) to "SF-9" (Single Family) 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. REPEAI.1NG CLAUSE That all provisions of the Comprehensive Zoning Ordinance of the City of Coppell, Texas, in conflict with the provisiom 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 2 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 PASSED by the City Council of the City of Coppell, Texas, this the day of ,1994. ' APPROVED: ORTON, MAYOR ATFEST: CITY SECRETARY ~.~'~ / APPROVED AS TO FORM: I"'ETER O. 3 B4/~8/94 11:11 CITY OF O]PP~ 1 BI~ilNO a ~ct of l~d 1~ in U~c ~OMA~ L. HOL~ND SURVEY, ABSTRA~ 624, DALES COUNTY, ~XAS, thai inelude, s ~ ~mc[ of land ~ ~rd~ in Volumo P~ ~84, a ~ct o[ land as ~ord~ in ~olumc 8915~, Page 328, ~d U~c ~mni~cr S~ON H, VH.~GE AT CO~NWOOD CREEK, as r~o~ in Vulumc 85237, [~go 5014 ~d bclng mom {;a[fcu{arly d~b~ by mel~ and bou,~{s As fo{lows: BEG~NING al ~e most NoPsi ~rncr of ~t 2, Bilk 1 of S~ON 11, VILLAGE AT C~ONW(~D CREEK, ~id be~inning i~int al~ lo~t~ at in ~e Norflm~t ~OMAS L. HOL~ND SURVEY*, ABSTRA~ NO. 624, ~d the No~hw~t ~mer of the C. SOUA~ SURVEY, AB~~ NO. 13~; ~C~ wi~ ~c ~t llne of ~id S~ON II, VIL~GE AT CO'~NWOOD C~EK, ~u~ ~' 11' 49" ~, a dis~ of 12~.~ f~ to an in~rs~ ~int of ~e cent~ine of Parkay ~ulevard wi~ ~d ~t Hne of SE~ION 11, ~LAOE AT CO'~ONWOOD CR~K; ~BN~ ~ong ~e c~terline of Parkway ~ul~ follow~g a cu~e to ~e ~ angle of 52' 19' 50", a radius of ~0.~ f~t, a chord b~r~ng of SOU~ 63' 38' West, · ch~d length of 723.18 ~d ~ ~ leng(h of 748.94 f~t ~ a ~int of ~ve~ Cu~e', ~CE con~nuing ~ong th~ ~ter~e of Parkway ~ul~ard followin6 a eu~e to Ih~ right having a ~nU~ ~gle of 52' ~' ~", a ~dius of 820.~ f~t, a ch~d ~ring of Sou~ 48' 50" W~t, a ~ord dis~ of 727.7, and ~ ~c leng~ of 353.98 f~t to a Point oi' ~gency; 3~NCE ~n~nu~ng ~ong ~d ~n~rline, No~ 89' 50' 41" West, a dis~n~ of 1395.~ f~t t0 a inter~fion ~int of ~ ~nterline of Parkway ~ul~ wl~ thc c~t~H~ of Ro~; T~NCE nl~g ~ ~li~c of Cop~ll R~, Noah ~' 11' 42" W~t to an in~s~6on ~t 0f ~id ~rline wi~ ~c ~terli~ of a wibu~ strum of Denton T~CE no~s~rly following ~e m~dering ~n~rHne of ~d ~bu~ stem ~ a int~on ~int of ~id ~ibu~ sU~ with W~t li]~o of ~t 3, Bl~k 1, $~ON YILLAO~ AT C~ONWOOD '~P~ ~ong ~e W~I line of ~t 3, Bilk 1, S~IDN II, VILLAGE AT C~rONWOOD CR~K, Nu,d~ ~' 18' 06" Wet ~ ~e Nor~st corner of ~id ~t 3; ~CE along ~e Nor~ line of S~I]ON 11, VILLAGE AT CO~'O~D CR~, South 89' 53' 5~" ~st, a dis~nc~ of 1386.08 f~t to thc POl~ OF BEGINNING. R-94% 214 393 0948 04-08-94 11: I1AM P01l ~'2~ Councilmember Weaver moved to close the Public Hearing and approve a zoning change, Case #ZC-555(CH) from MF-1 and MF-2 on approximately 90 acres located on a tract of land at the northeast comer of Coppell Road and Parkway Boulevard; more particularly described in the Dallas County Records as Abstract 624, tracts 1 and 3, and Village at Cottonwood Creek II, Addition to MF-2 on the northwest section, approximately 25 acres and SF-9 on the remaining approximately 75 acres. Councilmember Reitman seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, and Mayo voting in favor of the motion. 18. Consideration and approval of an ordinance for Case #ZC-555(CH) to change the zoning from MF-1 and MF-2 to any appropriate zoning district classification, including, but not limited to, SF-7, SF-9, SF-12, SF-18, SF-ED, and/or MF-1, on approximately 90 acres located on a tract of land at the northeast comer of Coppell Road and Parkway Boulevard; more particularly described in the Dallas County Records as Abstract 624, tracts 1 and 3, and Village at Cottonwood Creek H, Addition, and authorizing the Mayor to sign. Councilmember Reitman moved to approve Ordinance No. 91500-A-50 changing the zoning from MF-1 and MF-2 to SF-9 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 to the ordinance. Councilmember Watson seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, Mayo voting in favor of the motion. 19. PUBLIC HEARING: To consider approval of a zoning change, Case #ZC-556¢CH) from C and MF-2 to any appropriate zoning district classification, including, but not limited to, SF-7, SF-9, SF-12, SF-18, SF-ED, and/or MF-1, on approximately 35 acres of land located along the south side of Sandy Lake Road, east of Coppell Road and north of Whispering Hills and Devonshire Additions; more particularly described in the Dallas County Records as Abstract #18, tracts 30 and 30.1. 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. Art Anderson, 1700 Pacific Ave., Dallas, representing Sandy Lake Road Limited Parmership spoke against this proposal. The Mayor then asked for those persons wishing to speak in favor of this proposal. Chuck Sturges, 132 Newport Drive, President of Devonshire Homeowners' Association; Pat Moriarty, 156 Meadowglen Circle; Pat Keenan, 412 Wellington; and Rich Burlingham, 492 Halifax Drive spoke in favor of this proposal. Councilmember Reitman moved to close the Public Hearing and approve a zoning change, Case #ZC-556(CH) from C and MF-2 to SF-7 on approximately 35 acres of land located along the south side of Sandy Lake Road, east of Coppell Road and north of Whispering Hills and Devonshire Additions; more particularly described in the Dallas County Records as Abstract #18, tracts 30 and 30.1. Mayor Pro Tem Robertson seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stably, Watson, Reitman, and Mayo voting in favor of the motion. 20. Consideration and approval of an ordinance for Case #ZC-556(CIt) to change the zoning from C and MF-2 to any appropriate zoning district classification, including, but not limited to, SF-7, SF-9, SF-12, SF-ED, and/or IMF-I, on approximately 35 acres of land located along the south side of Sandy Lake Road, east of Coppell Road and north of Whispering Hills and Devonshire Additions; more particularly described in the Dallas County Records as Abstract #18, tracts 30 and 30.1, and authorizing the Mayor to sign. CM041294 Page 7 of 11