CC approval of ORD re SF-7&OCITY COUNCIL MEETING=
AGENDA REQUEST FORM
October 11, 1994
ITEM
ITEM CAPTION:
Consideration and approval of an Ordinance for zoning change, Case
~ZC-553(CH) from TH-1 and MF-1 to SF-7 (Single Family-7) to within 400
feet of the TU power line, with the area inside the 400 foot boundary
being rezoned O (Office). This property is approximately 30 acres of
land located on two tracts; Tracts A-1 and A-2 situated along the east
side of MacArthur Boulevard; north of the TU Electric right-of-way
line, and authorizing the Mayor to sign.
SUBMITTED BY:~ L. Sieb _f
TITLE: Director of Planning & Comm. Services
STAFF COMMENTS:
This zoning change was approved by Council (6-0) on September 13,
1994, with Councilmembers Alexander, Stahly, Watson, Robertson, Mayo
and Sheehan voting in favor. Councilman Reitman was absent.
INITIALS~.
STAFF RECOMMENDATION
EXPLANATION:
Approval ~
BUDGET AMT.$ N/~
FINANCIAL COMMENTS:
FINANCIAL REVIEW:~
AMT. EST.$
Agenda Request Form - Revised 1/94
Pu~ "gokl~mod' paler in printer-
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91 .,~'OO -- j~ - (o?
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 'TH-I" (TOWNHOUSE) AND "MF-I' (MULTI-FAMILY) TO
"SF-7' (SINGLE-FAMILY) ON A 15.927 ACRE TRACT OF LAND LOCATED
ALONG THE EAST SIDE OF MACARTHUR BOULEVARD AND NORTH OF THE
TU ELECTRIC RIGHT-OF-WAY, DESIGNATED AS TRACT "Al" AND BEING
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; BY
GRANTING A CHANGE IN ZONING FROM "TH-l" (TOWNHOUSE) AND "MF-I"
(MULTI-FAMILY) TO 'O" (OFFICE) ON A 20.2021 ACRE TRACT OF LAND
LOCATED ALONG THE EAST SIDE OF MACARTHUR BOULEVARD AND
NORTH OF THE TU ELECTRIC RIGHT-OF-WAY, DESIGNATED AS TRACT "A2"
AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" 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 O'FFENSE'~ PROVIDING?'A
SAVINGS CLAUSE; 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 Case No. ZC-553 (CH) 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
"TH-I" (Townhouse) and "MF-I" (Multi-Family) to "SF-7" (Semi-Family) on 15.927 acre
tract of land located along the east side of MacArthur Boulevard, north of the TU Electric
right-of-way, designated as Tract "Al" and being more particularly described in Exhibit "A",
attached hereto and made a part hereof for all purposes; and to grant a change in zoning
from TH-l" (Townhouse) and "MF-I" (Multi-Family) to "O" (Office) on a 20.2021 acre tract
of land located along the east side of MacArthur Boulevard, north of the TU Electric right-
of-way, designated as Tract "A2", and being more particularly described in Exhibit "B",
attached hereto and made a part hereof for all purposes.
SECTION 2. That the above property shall be used only in the mariner 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 Compreherisive Zbning 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. 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
2
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. 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. 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:
APPROVED AS TO FORM:
PETER G. SMYI3~I, CITY ATTORNEY
(PGS/jd 9-20-94)
TOM MORTON, MAYOR
ATTEST:
L'IN~A GRAU, ~I"ING CITY SECRETARY
EXHIBIT "A"
TRACT A1
BEING a tract of land situated in the J. PARISH SURVEY, ABSTRACT NO. 1139, the
S.A. & M.G.R.R. SURVEY, ABSTRACT NO. 1442, and the J. C. COOK SURVEY,
ABSTRACT NO. 315 as recorded in Volume 93184, Page 4530, and Volume 92118, Page
0576, of the Deed Records of Dallas County, Texas and being more particularly described
by metes and bounds as follows:
BEGINNING at a point in the East right-of-way line of MacArthur Boulevard, said point
being the Northwest corner of a tract of land as recorded in Volume 93184, Page 4530;
THENCE leaving said East fight-of-way, along the northern line of said tract, South 62° 21'
33" East, a distance of 199.54 feet to a point of curve; ~.
THENCE continuing along said tract along a curve to the left having a central angle of 27'
31' 00", a radius of 245.00 feet, a chord bearing of South 76' 07' 03" East, a chord distance
of 116.54, and an arc length of 117.66 feet to a point of tangency;
THENCE continuing along the northerly line of the aforementi6ned tr~tct as described by
Volume 93184, Page 4530, South 89° 52' 33" East, a distance of 448.01 feet to an
intersection point of the northern line of said tract with a line offset 400 feet perpendicular
to, and northwesterly of, the West line of Texas Power and Light Company easement;
THENCE along said 400 foot offset line, South 29° 13' 41" West, a distance of 1535.62 to
an intersection point of said 400 foot offset line, the westerly line of a Tract 1-D as recorded
in Volume 92118, Page 0576, and the East right-of-way of MacArthur Boulevard;
THENCE following the East right-of-way of MacArthur Boulevard, as described by said
Tract 1 D, along a curve to the right having a central angle of 36' 11' 29", a radius of
896.05, a chord bearing of North 17° 09' 10" West, a chord distance of 556.60 feet, and an
arc length of 565.97 feet to a point of tangency;
THENCE continuing along the East right-of-way of MacArthur Boulevard, North 00' 56'
36" East, a distance of 301.81 feet to a point common to said East fight-of-way, the
Northwest corner of the aforementioned Tract l-D, and the most westerly Southwest corner
of the aforementioned tract of land as recorded in Volume 93184, Page 1526;
THENCE along the East right-of-way of MacArthur Boulevard, North 00° 54' 02" West, a
distance of 12.56 feet to a point of curve;
THENCE continuing with the East fight-of-way of MacArthur Boulevard along a curve to
the right having a central angle of 28' 32' 29", a radius of 1100 feet, a chord bearing of
EXHIBIT "A" AGG(~DDB
North 13° 22' 12.5" East, a chord distance of 542.31 feet, and an arc length of 547.95 feet
to a point of tangency;
THENCE continuing along said East right-of-way, North 27* 38' 27" East, a distance of
98.89 feet to the POINT OF BEGINNING, and containing 15.927 acres of land, more or
less.
EXHIBIT 'A' AGG05DDB
TRACT A2 EXHIBIT "B"
BEING a tract of land situated in the S.A. & M.G.R.R. SURVEY, ABSTRACT NO. 1442
as recorded in Volume 93184, Page 4530, Volume 92118, Page 0575, and Volume 92118,
Page 0576 of the Deed Records of Dallas County, Texas and being more particularly
described by metes and bounds as follows:
BEGINNING at the Northeast comer of a tract of land as recorded in Volume 93184, Page
4526, said point being in a common line between the S. A. & M. G. R. R. SURVEY,
ABSTRACT NO. 1442, and the westerly line of the DAVID MYERS SURVEY,
ABSTRACT NO. 886;
THENCE following the easterly line of said tract of land as described by Volume 93184,
Page 4526, South 00° 07' 27" West, a distance of 699.47 feet to a point for comer, said point
being common the aforementioned tract, and the northerly line of Tract 1-C as recorded in
Volume 92118, Page 0575;
THENCE North 89' 02' 34" East, a distance of 202.91 feet to a point in the East line of a
100-foot Texas Power and Light Company easement as recorded in volume 3887, Page 110,
D.R.D.C.T., said point also being in the West line of a 130-foot Dallas Power & Light
Company right-of-way as recorded in Volume 4594, Page 302, D.R.D.C.T.;
THENCE with said common line, South 29' 13' 41" West, a distance of 1215.17 feet to an
intersection point of said common line, the Southeast comer of the aforementioned Tract
I-C, and the East right-of-way of MacArthur Boulevard;
THENCE with the East right-of-way of MacArthur Boulevard along a curve to the left
having a central angle of 14° 02' Off', a radius of 875.00 feet, a chord bearing of North 53 °
45' 19" West, a chord length of 213.78 feet, and an arc length of 214.31 feet to a point of
tangency;
THENCE following said East right-of-way, North 60° 46' 19" West, a distance of 36.09 feet
passing through a point common to the Southwest comer of the aforementioned Tract 1-C
and the Southeast comer of Tract 1-D as recorded in Volume 92118, Page 0576, continuing
a distance of 13.91 feet, for a total distance of 50.00 feet to a point of curve;
THENCE continuing along said East right-of-way along a curve to the right having a central
angle of 25' 31' 24", a radius of 896.05 feet, a chord bearing of North 48' 00' 37" West, a
chord distance of 395.87 feet, and an arc length of 399.16 feet to an intersection point of the
East right-of-way of MacArthur Boulevard with a line offset 400 feet perpendicular to, and
northwesterly of, the West line of the aforementioned Texas Power and Light Company
easement;
THENCE along said 400 foot offset line, North 29° 13' 41" East, a distance of 1535.62 to
EXHIBIT "B" AGG05DDB
an intersection point of said 400 foot offset line and the northerly line of the
aforementioned Tract l-D;
THENCE along the northerly line of said Tract l-d, South 89° 52' 33" East, a distance of
152.43 feet and containing 20.2021 acres of land, more or less.
EXHIBIT
5. Invocation.
Councilmember Watson led those present in the Invocation.
6. Pledge of Allegiance.
Mayor Morton led those present in the Pledge of Allegiance.
Ao
Bo
Co
Citizen's Appearances.
A. Presentation by representative of Ibbenbiiren, Germany.
Rob Mulder, Andreas Dobers and Christine Rubertus from Ibbenb~ren, Germany
introduced a slide presentation and presented Council with t-shirts and a flag from their
city.
Kent Moore, 400 Southwestern, stated that his paper had won a national award and
addressed Council concerning journalism and apologies.
A1 Judkiewicz, from Texas Waste Management, addressed the Council concerning the
expansion of the recycling program in the City.
CONSENT AGENDA
8. A. Minutes of:
September 27, 1994
Consideration and approval of Burch Addition, Final Plat of Lot 2~
Block A, to allow a car lube and oil change facility to be located at the
west side of Denton Tap Road, approximately 250 feet south of Bethel
School Road, at the request of Kwik Industries, Inc.
Consideration and approval to reject and/or accept bids for Bid No.
Q-0893-03, Library Furnishings, Furniture, in the total amount of
$216,399.02 as follows:
Award Section 1, Group 1; Section 1, Group 2; Section 3, Group
1 and Section 3, Group 3 to WorkPlace Solutions in the amount
of $121,569.20.
e
Award Section 2, Group 1; Section 2, Group 7; and Section 2,
Group 11 to B. T. Miller Business Systems in the amount of
$11,415.00.
e
Award Section 2, Group 2; Section 2, Group 8; Section 2, Group
12; Section 2, Group 13; and Section 3, Group 3 to Business
Interiors in the amount of $25,170.77.
o
Award Section 2, Group 3 and Section 2, Group 4 to HMcCoy,
Inc. in the amount of $10,565.56.
e
Award Section 2, Group 6 to B&M Sales in the amount of
$43,180.54.
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De
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Award Section 2, Group 9 to The Spencer Group in the amount
of $3,195.00.
e
Award Section 2, Group 10 to Contracta Office Furnishings in
the amount of $1,302.95.
8. Reject all bids for Section 2, Group 5.
Consideration and approval of an Ordinance for zoning change, Case
#ZC-553{CI-I) from TH-1 and MF-1 to SF-7 (Single Family-7) to within
400 feet of the TU power line, with the area inside the 400-foot
boundary being rezoned O (Office). This property is approximately 30
acres of land located on two tracts; Tracts A-1 and A-2 situated along
the east side of MacArthur Boulevard; north of the TU Electric
right-of-way line, and authorizing the Mayor to sign.
Consideration and approval of a resolution to authorize the City
Manager to execute an agreement between the Texas Forest Service and
the City of Coppell for a grant authorizing the planting of 69 trees at
Andrew Brown, Jr. Community Park West, and authorizing the Mayor
to sign.
Consideration and approval of a resolution to authorize the City
Manager to execute an agreement between the Texas Forest Service and
the City of Coppell for a grant authorizing the planting of 85 trees at
Town Center, and authorizing the Mayor to sign.
Consideration and approval to award a change order to Rodman
Excavation in the amount of $37,350 for the construction of a fourth
ball field at Andrew Brown, Jr. Community Park, east of Denton Tap
Road, and authorizing the Mayor to sign.
Consideration and approval of an Industrial Waste Ordinance to amend
Ordinance No. 151, and authorizing the Mayor to sign.
Consideration and approval of final acceptance of the soccer field
lighting project located at Andrew Brown, Jr. Community Park, West,
and to approve payment of $5,351 for retainage funds to Dean Electric,
Inc.
Consideration and approval of a resolution declaring the need for water
line improvements on the south side of Beltline Road; directing that
plans, specifications and cost estimates be prepared; and declaring the
intent to levy an assessment against the abutting property owners and
authorizing the Mayor to sign.
Consideration and approval of a Proclamation naming the week of
October 23-29 as TEXAS PHARMACY WEEK, and authorizing the
Mayor to sign.
Consideration of a modification to a previously approved variance to
the Sign Ordinance to allow for the addition of three (3) changeable
letter/message strips to the bottom half of the illuminated sign at the
Sonic Drive-In. This modification would allow these changeable
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message strips to replace the wording "America's Drive-In" previously
approved by Council at their May 24, 1994 meeting. This modification
is being requested by Mr. Mark Wainscott for the property located at
201 N. Denton Tap Road known as the Sonic Drive-In.
Me
Consideration of a recommendation from the Parks and Recreation
Board to enter into an agreement with Newman, Jackson, Bieberstein,
Inc. for the purpose of conducting a city-wide Trails System Master
Plan not to exceed the amount of $19,420.00, and authorizing the
Mayor to sign.
Councilmember Watson moved to approve Consent Agenda Items 8 A, B, C, D carrying
Ordinance No. 91500-A-69, E carrying Resolution No. 101194.1, F carrying Resolution No.
101194.2, G, H carrying Ordinance No. 94671,' I, J carrying Resolution No. 101194.3, K. L
and M. Councilmember Reitman seconded the motion; the motion carried 6-0 with Mayor Pro
Tem Robertson and Councilmembers Alexander, Stahly, Watson, Reitman, and Sheehan voting
in favor of the motion.
Mayor Morton announced that Councilmember Mayo was absent from the meeting due to being
out of state and asked that the Council excuse his absence. The Council voted to excuse
Councilmember Mayo.
e
PUBLIC HEARING: Consideration and approval of Village at Cottonwood
Creek. Section VI, Replat, located east of Coppell Road; north of Parkway
Boulevard, at the request of Tipton Engineering, Inc.
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. Again, there were none. Mayor Pro Tem Robertson moved to close the Public
Hearing and approve Village at Cottonwood Creek, Section VI, Replat, located east of Coppell
Road; north of Parkway Boulevard provided that all conditions are met to the satisfaction of
Staff. Councilmember Stably seconded the motion; the motion carried 6-0 with Mayor Pro Tem
Robertson and Councilmembers Alexander, Stably, Watson, Reitman, and Sheehan voting in
favor of the motion.
10.
PUBLIC HEARING: Consideration and approval of Chautaugua Place,
Replat of Lot 6, Block B, to revise the building line on property located at the
southwest corner of Harris Street and Bethel School Road, at the request of
Heritage Homes.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Mayor Morton opened the Public Heating 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. Again, there were none. Mayor Pro Tem Robertson moved to close the Public
Hearing and approve Chautaugua Place, Replat of Lot 6, Block B, to revise the building line on
property located at the southwest comer of Harris Street and Bethel School Road.
Councilmember Reitman seconded the motion; the motion carried 6-0 with Mayor Pro Tem
Robertson and Councilmembers Alexander, Stahly, Watson, Reitman, and Sheehan voting in
favor of the motion.
11.
PUBLIC HEARING: Consideration and approval of Lakeside Village
Addition, Replat of part of Lots 2 and 3, to allow the operation of Lakeside
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