CC approval of ORD 4/12/94 AGENDA REQUEST FORM
CITY COUNCIL MEETING: April 12, 1994 ITEM
ITEM CAPTION:
Consideration and approval of an ordinance for Case ~ZC-556(CH) 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-
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, and authorizing the Mayor to sign.
SUBMITTED B~:. Gary L. Sieb J
TITLE: '"D-i~'~"~f'planning & community services INITIALS~.~)
SThFF COI~IENTS:
Please refer to Case #ZC-556 (CH) staff report for more information.
STAFF RECOMMENDATION Approval ~ Denial
EXPLANATION:
BUDGET AMT. $ ~/~ AMT. EST. $ +/- BUD: $
FINANCIAL COMMENTS:
FIN~CIAL REVIEW: CITY ~AGER REVIEW:
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500-A-51
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 "C~ (COMMERCIAL) AND "MF-2~ (MULTI-FAMILY) TO "SF-
7" (SINGLE FAMILY) ON A 40.12 ACRE TRACT OF LAND LOCATED SOUTH
OF SANDY LAKE ROAD ON THE EAST SIDE OF COPPELL ROAD AND
EXTENDING EASTWARD BEYOND WHISPERING HILLS ROAD AND BEING
MORE PARTICULARLY DESCRIBED IN EXHIBIT "Ar 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 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-556 (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 "C" (Commercial) and
"MF-2" (Multi-Family) to "SF-7" (Single Family) on a 40.12 acre tract of land located south
of Sandy Lake Road, on the east side of Coppell Road and extending eastward beyond
Whispering Hills Road, 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
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 th City Council of the City of Coppell, Texas, this the / ~ ~
day of 1994.
- ~ APPROVED:
ATTEST:
~"I~- SECRETARY //~ ~.
APPROVED AS TO FORM:
-
11:13 CITY OF COPPELL ~
~]~NG the rema/nd¢~ or a tr~c~ of land in the 3.W. SURVt~Y, ABSTRACT NO. 18 ~
~rd~ in Volume 81181, Page ~12 of ~e D~ R~rds of Da~as County, Tex~ ~d
~ing ~rc p~cularly dcscri~ by mc~ u,d ~unds as fo~ows:
BBGINN~O at a ~ilmad sp~e for c~ 1~ in asph~t at ~c i~rs~tlon of ~c
~n~line of Sandy ~ Road and Cop~ll R~, ~d ~int b~n~ al~ ~e Not,west
of ~e I.W. ~SON SURVEY. AB~RACT NO.
~CE Nor~ Bg' 45' ~" ~st wire 0~ No~'0~ of linc of :ald AND~SON S~VEY ~nd
~te ~n~line of Sandy ~c Road, l~v~i ~e ~linc of ~d road at a po~t o[
cu~a~re~ for a ~1 disan~ of 2~6.62 ~t to a ~int for
TH~NC~ ~uth ~* ~2' 3~' West. a dis~ of 67.54 f~t p~sin~ a ~i~t b~ing ~o
No~w~t ~rner ora ~ct of land ~rd~ ~ Volume 82~1, P~e 108~, coufinuing a
dJs~ce of 833.61 f~t for a ~t dls~ of 9~.75 ~ a ~in( for corn~, s~d point being
g~e Southwe=t ~mer of ~d t~ct, ~d ~ing also in ~e northerly line of ~SPERING
County,~=;
~NCE North 57' 10' 05' W~t following ~ no~dy l~e of ~ISP~ING
dis~n~ of '~/3.~9f~ to ~ in~rs~dun point ~ ~o Hoz~w~t oorner of Lot 1 ~1~ C,
~ISP~G HII 1 .l and ~ ~st fi~ht~f-~y of Whirring Hills Drive;
T~C~ c~ssing Whisked ~lls Drive, Nor~ ~7' ~59' West, a ~= of 59.58 f~l
to ~ in~on ~l of ~ W~t fight~f-way of Whis~ring Hills D~w ~d ae No~st
~mer of ~t 1, Bilk A, WHISPERINO HIL~;
~NC~ foBowing ~e northerly line of WH1SPE~N~ HIL~, Nor~ 57' 28' 03"
dis~ of 142.51 f~ to a po~t for ~rner, said ~t b~ng ~ No~w~t corn~ of ~t
Bilk A of W~SP~O H~;
TH~CE ~ong ~ most w~s~ly line of WHISPERING HIL~, Soua 00' 06' 35'
dis~ of 343.90 f~t ~ a point l~r ~m~, bang ~ ~mmon ~h~t b~tw~n ~6
~o~m~fion~ W~SP~RING HI~, ~d Ihe Nora~t eorn~ of DEVONSH~
~rd~ in Volume 91029, P~e 617 of ~e D~ R~rds of Dall~ ~ounty, Text;
TH~C~ following ~e no~rly line of DEVONSHIRe, No~ 89' 56' ~" W~t, a
dis~ of 17~.~ feet ~ssln~ a ~int b6ng ~ Nor~w~t ~rner of s~d DEVONSHI~
and c~nuing a dis~nce of 30.~ f~t for a ~al dis~nce of 1730.00 f~t ~ a ~iut
conill b~ing in ~ ~ntcrline of Coppe]l Road, said point being ~so in fl~e wesl~rly line of
~e afo~el~n~on~ ~ct of lm~d as ~~ in Volume 81181, Page 0012;
~tENCB following ~c ~nt~lin~ of C~pell Road and ~id i~ct of lined, No~ 00' 06'
W~st, a dis~ of 703.10 ~t to ~e POINT OF BEGIN~NG and ~naining 40.12 acres
of land, ~ or l~s.
R-94% 214 393 0948 04-08-94 II:I1AM P020'" $25
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84/08/94 11:13 CITY OF COPPELL 028
B~ING the remalnde, r of n tract of llmd in the J.~/. SURVEY, ABS~ NO. 18 ~
~~ in Volum~ 81181, Pa~ ~12 of the D~ R~rds oF ~allas Couuty, Texa{ ~d
being ~rc par~cularly dcscri~ by mc~ m~d ~unds ~s follows:
BBGINN~G at a ~il~d sp~e for c~cr 1~ in asphalt ~ O~c in~rs~tion of ~c
~n~line of Sandy ~ Road and Cop~ll R~d, s~d point being al~ ~e Northwest
of ~e LW. AND~qtSON SURVEY. AB~RACT NO.
~C~ Hor~ ~9' 45' ~" ~$t with O~c Not'0~ of line of said ANDERSON SUR~EY and
0~e ~n~line of Snndy ~c Road, I~V~R ~e ~linc of ~d road at a point o~
Curvaturc~ for a ~! dis~n~ of 2556.62 f~t ~ a ~i~t for ~cr;
'~NCE South ~' 22' 35" West, a dis~ of 67.54 f~t p~sln~ a point ~ing ~e
No~w~ ~rn~ ora ~ct of land ~rd~ h~ Volume 82~1, P~e 1087, ~nOnuing a
dJs~ of 833.61 f~t for a ~1 dlsmn~ or 9~.7~ ~ ~ point for corn~, said point being
~e ~outhwest ~rn~r of ~d tract, and ~ing al~o in ~c northerly line of WHISPERINO
HIL~ ~ ~ ~ Volume 8~16) Pa~ 1736, of th~ D~ R~rd~ of
County,~; '
~NCE Noflh 57' 10' 05' W~t following ~e no~efly l~e of ~ISPERING HIL~,
dis~n~ of '173.59f~ ~ ~ ln~rs~fion goh~t ~ ~ NotO~w~t oornzr of ~t I ~1o~ C,
WHISP~G HII a.~ and ~e ~St right-of-~y of Whi~rin~ HH]s Drive;
T~NCE crossing Whis~g Hills D~iv,, ~orth 57' ~'59~ West, a ~nce of 59.58
to ~ in~on ~nl of the W~t right,f-way of Whispering Hills D~w and ~e No~st
~mer of ~t 1~ Bilk A, WHISPERING HIL~;
~~ following the nor~hgly line of WH1SPE~NG HIL~, Not~ 57' 28' 03" W~, a
&~ce of 142.51 f~ to a po~t for ~rn~, said l~int b~n~ the Nofl~we~ corn~ of ~t 1,
Block A of WHISP~ING
TH~CE ~ong the most wes~rly line of WHISPERING HIL~, Sou~ 00' 06' ~5" ~st, a
dis~ of 34~.90 f~t W a ~int l~r ~m~, being ~ common ~int b~tw~n ~
~omm~fion~ WIHSP~RING ~I~, ~d Ihe Nor~st corng of DEVONSHI~ ~
~rd~ in Yolu~ne 91029, P~e ~17 of ~o D~ R~ord~ of Dallas ~unty, Text;
TH~CE following the no~h~rly line of DEVONSHIRE, No~ ~9' 56' ~" West, a
dis~ of 17~.~ f~t ~ssin~ a ~int b~ng thy Nor~w~t ~rner of ~id DEVON~HI~
and ~ntinuing a dis~n~ of ~0.~ feet for a ~lal dis~nce of 17~0.00 f~t ~ · ~int for
comw bring in 0~ ~tcrline of Coppell Road, said point being flso in ~ wes~rly line of
~e nforemenfion~ ~ct of land ~ r~ in Volume 81181, Page 0012;
~ENC~ follow~ng ~c ~nt~lin~ of C~pell Road and ~id tract of land, N~h 00' 06'
W~t, a dis~c~ of 703. l0 f~t to ~ POINT OF BEGIN~NG and conl~ning 40.12
of lnnd, I~m or less.
!
R-94% 214 393 0948 04-08-94 ll:I1AM P020 $25
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 Tern 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 Tern 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(CIi) 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 Communi:2,' Services, made a presentation to the Council.
Mayor Morton opened the Public Heating and asked for those persons wishing to speak against
this proposal. Art Anderson, 1700 Pacific Ave., Dallas, representing Sandy Lake Road Limited
Partnership 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 Tern Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, and Mayo voting
in favor of the motion.
20. Consideration and approval of an ordinance for Case #ZC-556(CH) 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 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, and authorizing the Mayor to sign.
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Councilmember Watson moved to approve Ordinance No. 91500-A-51 to change the zoning
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, and authorizing the Mayor to sign. Councilmember Reitman 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.
A recess was held at this point in the meeting.
21. PUBLIC HEARING: To consider approval of a zoning change, Case
~ from MF-2 to any appropriate zoning district classification,
including, but not limited to MF-1, O, and/or R, on approximately 16 acres
of land located at the northwest corner of Beltline Road and MacArthur
Boulevard, and east of the TP&L transminsion line; more particularly
described in the Dallas County Records as Abstract #1442, tract 2.1 and 1.4.
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. Bob Voelker, 8445 Freeport Parkway //650, Irving; representing CED
Construction, spoke against this proposal. The Mayor then asked for those persons wishing to
speak in favor of this proposal. Pat Moriarty, 156 Meadowglen Circle; Ivan Loftier, 1319
Westchester Drive; Candy Sheehan, 759 Pelican Lane; Pat Keenan, 412 Wellington; Dr. Zack
Dameron, 440 Beacon Hill; Jeff Burger, 840 Blue Jay Lane; Harley Staber, 751 Blue Jay Lane;
and Charles Lipscomb, 837 Blue/ay Lane spoke in favor of this proposal.
Council adjourned into Executive Session at this time.
EXECUTIVE SESSION (Closed to the Public)
A. Section 551.071, Texas Government Code - Consultation with City Attorney.
Mayor Morton convened into Executive Session at 1:29 a.m. as allowed under the above-stated
article. Mayor Morton adjourned the Executive Session at 1:36 a.m. and opened the Regular
Session continuing with Item 21.
After failed motion and discussion with Bob Voelker concerning PD (Planned Development)
Zoning, Council adjourned into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
A. Section 551.071, Texas Government Code - Consultation with City Attorney.
Mayor Morton convened into Executive Session at 1:45 a.m. as allowed under the above-stated
article. Mayor Morton adjourned the Executive Session at 2:20 a.m. and opened the Regular
Session continuing with Item 21.
Ivan Loftier, 1319 Westchester Drive, spoke to Council regarding the possibility of a lawsuit
being filed by the developer on this matter.
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