CC approval of ORD on 5/17/94T~ ~ With ,% ;%omutilul F~
CITY COUNCIL MEETING:
AGENDA REQUEST FORM
May ~ 1994
ITEM CAPTION:
Consideration and approval of an ordinance for Case ~ZC-554(CH) to
change the zoning from R 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 a total of approximately 18.85 acres of
land located south of Thweatt Road, east of Branchwood Trail and north
of Autumnwood Lane; more particularly described Exhibit A attached to
the ordinance, and authorizing the Mayor to sign.
SUBMITTED ~Gary L. Sieb ~--~'~%
TiTLE:~~.~ommunity Services INITIALS
STAFF COMMENTS:
Please refer to Case #ZC-554 (CH) staff report for more information.
STAFF RECOMMENDATION
EXPLANATION:
BUDGET
FINANCIAL COMMENTS:
FINANCIAL REVIEW:~
Ageuda Request Form - Revksed 1/94
Put "gokLmrod" paper in printer ~
CITY MANAGER REVIEW:
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ~,'l.$~C..
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF
COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE
IN ZONING FROM "R" (RETAIL) AND "MF-2" (MULTI-FAMILY) TO "SF-12"
(SINGLE FAMILY) ON AN 18.951 ACRE TRACT OF LAND LOCATED SOUTH
OF THWEATr ROAD, EAST OF BRANCHWOOD TRAIL AND NORTH OF
AUTUMNWOOD LANE, AND BEING MORE PARTICUI,ARLY DESCRIBED IN
EXHIBIT "A" ATFACHED HERETO; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SlIM OF TWO THOUSAND DOLLARS ($'2,000.00) FOR
EACH OFFENSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFE~ 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-554 (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 "R" Retail and "MF-2"
(Multi-Family) to "SF-12" (Single Family) on a 18.951 acre tract of land of located south of
Thweatt Road, east of Branchwood Trail and north of Autunmwood Lane, 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 CI~USE
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.
2
SECTION 6. SAVINGS CLAUSE
An offense com~tted 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.
day of
DULY PASSED by the City Council of the City of CoppeR, Texas, this the /'2
,1994.
APPROVED:
TOM MORTON, MAYOR
ATYEST:
SECRETARY
APPROVED AS TO FORM:
PETER G. SMITH, CITY ATTORNEY
3
15.
Consideration and approval of an ordinance for Case #ZC-557(CH) to change
the zoning 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 5IacArthur
Boulevard, and east of the TP&L transmission line; more particularly
described in Exhibit A & B attached to the ordinance, and authorizing the
Mayor to sign.
Item 15 was postponed until the Special Called Meeting on May 17, 1994.
16.
PUBLIC HEARING: (CONTINUATION)
To consider approval of a zoning change, Case #ZC-554(CH) from R 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 MlV-1, on a total of
approximately 18.85 acres of land located south of Thweatt Road, east of
Branchwood Trail and north of Autumnwood Lane; more particularly
described in the Dallas County Records as Abstract #624, tract #12.
Item 16 was postponed until the Special Called Meeting on May 17, 1994.
17.
Consideration and approval of an ordinance for Case #ZC-554(CH) to change
the zoning from R 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 a total of approximately 18.85 acres of land located south of Thweatt Road,
east of Branchwood Trail and north of Autumnwood Lane; more particularly
described in Exhibit A attached to the ordinance, and authorizing the Mayor
to sign.
Item 17 was postponed until the Special Called Meeting on May 17, 1994.
18.
Consideration and approval of Burch Addition, Preliminary Plat, located at
the southwest corner of Denton Tap and Bethel School Roads, at the request
of Coppell Hardware.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Michael Dowdey, representing the Applicant, made a presentation to the Council.
Councilmember Reitman moved to approve Burch Addition, Preliminary Plat, located at the
southwest comer of Denton Tap and Bethel School Roads with the following conditions being
completed prior to final plat: 1) the floodplain should be tied down by metes and bounds; 2) any
common access easements should be shown on the face of the plat; 3) the left-turn lane that
services lot 3 will be required to be constructed with this development; 4) the existing eight-inch
sewer on the west side of this property will eventually be enlarged to 12 inches per Coppell's
Master Plan. To accomplish that work, the developer needs to provide the following: a) a
minimum 20-foot permanent easement; b) a 40-foot temporary construction easement; 5) need
to provide estimated water use and sanitary sewer discharge. Councilmember Watson seconded
the motion; the motion carried 6-0 with Councilmembers Alexander, Stahly, Watson, Reitman,
Mayo, and Sheehan voting in favor of the motion.
19.
Consideration and approval of White Glove Express Addition, Preliminary
Plat, located along the east side of Denton Tap Road, 500 feet south of
Braewood Lane, at the request of Mr. Lenny Poulsen.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Lenny Poulsen, Applicant, was present to answer questions. Councilmember Watson moved to
approve the White Glove Express Addition, Preliminary Plat, located along the east side of
Denton Tap Road, 500 feet south of Braewood Lane with the following conditions: 1) on the
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Exhibit A & B attached to the ordinance, and authorizing the Mayor to sign. Councilmember
Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and
Councilmembers Alexander, Stahly, Watson, Reitman, Mayo, and Sheehan voting in favor of
the motion.
A short recess was taken at this time.
12.
PUBLIC HEARING: (CONTINUATION)
To consider approval of a zoning change, Case #ZC-$$4(CH) from R 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 a total of
approximately 18.85 acres of land located south of Thweatt Road, east of
Branchwood Trail and north of Autumnwood Lane; more particularly
described in the Dallas County Records as Abstract #624, tract #12.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Mayor Morton advised that the Public Hearing remains open from the April 12, 1994 meeting,
and asked for those persons wishing to speak against this proposal. Jim Hartnett, Jr., 5724
Berkshire Lane, Dallas spoke against this zoning change. Mayor Morton then asked for those
persons wishing to speak in favor of this proposal. Pat Moriarty, 156 Meadowglen Circle; Elia
Martinez, 534 Greenwich Lane; Barbara Schmidt, 125 Whispering Hills; Chuck Sturges, 132
Newport Drive; Barb Bailey, 232 Plantation; and Pat Keenan, 412 Wellington spoke in favor
of this zoning change. Councilmember Watson moved to close the public heating and approve
a zoning change on Case ZC-554(CH) from R and MF-2 to SF-12 on a total of approximately
18.85 acres of land located south of Thweatt Road, east of Branchwood Trail and north of
Autumnwood Lane; more particularly described in the Dallas County Records as Abstract #624,
tract #12. Councilmember Stahly seconded the motion; the motion carried 6-1 with
Councilmembers Alexander, Stahly, Watson, Reitman, Mayo, and Sheehan voting in favor of
the motion and Mayor Pro Tem Robertson voting against the motion.
13.
Consideration and approval of an ordinance for Case #ZC-554(CH) to change
the zoning from R 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 a total of approximately 18.85 acres of land located south of Thweatt Road,
east of Branchwood Trail and north of Autumnwood Lane; more particularly
described in Exhibit A attached to the ordinance, and authorizing the Mayor
to sign.
Councilmember Watson moved to approve Ordinance No. 91500-A-55 to change the zoning
from R and MF-2 to SF-12 (Single Family-12) on a total of approximately 18.85 acres of land
located south of Thweatt Road, east of Branchwood Trail and north of Autumnwood Lane; more
particularly described in Exhibit A attached to the ordinance, and authorizing the Mayor to sign.
Councilmember Stahly seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Robertson and Councilmembers Alexander, Stably, Watson, Reitman, Mayo, and Sheehan voting
in favor of the motion.
14.
PUBLIC HEARING:
Consideration and approval of the annexation of 3.79 acres of land along the
north side of East Beltline Road, in close proximity to our existing eastern
City Limit line.
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