CC approval of ORD 5/17/94 AGENDA REQUEST FORM
ITEM CAPTION:
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 MacArthur 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.
SUBMITTED B Gary L.
TITLE: ~ of Community Services INITIALS ~.
STAFF CO_~MMENTS:
PleaSe refer to Case #ZC-557 (CH) staff report for more information.
STAFF RECOMMENDATION Approval ~ Denial
EXPLANATION:
BUDGET WT. $ ~ . WT. EST. $
,,,,,,.,o,,,,. oo,.,,,,,,,..... APPROVED
CITY COUNCIL
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-2" (MULTI-FAMILY) TO "O" (OFFICE) ON A 7.010
ACRE TRACT OF LAND DESIGNATED AS TRACT "A", LOCATED ALONG THE
WEST SIDE OF MACARTHUR BOULEVARD, NORTH OF THE INTERSECTION
OF RIVERCHASE DRIVE AND MACARTHUR BOULEVARD, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; AND BY
GRANTING A CHANGE IN ZONING FROM "MF-2~ (MULTI-FAMILY) TO "R"
(RETAIL) ON A 9.325 ACRE TRACT OF LAND DESIGNATED AS TRACT "B",
LOCATED ALONG THE WEST SIDE OF MACARTHUR BOULEVARD, SOUTH
OF THE INTERSECTION OF RIVERCHASE DRIVE AND MACARTHUR
BOULEVARD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT
"B" A'I'I'ACHED 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-557 (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 COPPELIo 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-2" (Multi-Family)
to "O" (Office) on a 7.010 acre tract of land, designated as Tract "A", located along the west
side of MacArthur Boulevard, north of the intersection of Riverchase Drive and MacArthur
Boulevard 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 "MF-2" (Multi-Family)
to "R" (Retail) on a 9.325 acre tract of land, designated as Tract "B", located along the west
side of MacArthur Boulevard, south of the intersection of Riverchase Drive and MacArthur
Boulevard, 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 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. SEVERABII.ITY 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
2
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 PASSED by the City Council of the City of Coppell, Texas, this the . /?
day of ,1994.
APPROVED:
TOM MORTON, MAYOR
3
AT'I"EST:
APPROVED AS TO FORM:
PI~I~;R-G. SMIT~, ~ITY ATTORNEY
4
PD'II ANDY i
(SF.7 .
TH .I $F.7
MF'I
TRACT A - MF to Office
BEING a tract of land situated in the S.A. & M.G. SURVEY, ABSTRACT NO. 1442, and
the SINGLETON THOMPSON SURVEY, ABSTRACT NO. 1493, as recorded in Volume
93248, Page 0302 and Volume 86090, Page 3527, of the Deed Records of Dallas County,
Texas and being more particularly described by metes and bounds as follows:
BEGINNING at an "x" set at the intersection of the North line of Riverchase Drive with the
West line of MacArthur Boulevard, said point being the Southeast comer of Tract 8 as
described by Volume 93248, Page 0302;
THENCE leaving said Tract 8, South 27' 08' 01" West, a distance of 30.03 feet to an
intersection point of the West right-of-way of MacArthur Boulevard and the centerline of
Riverchase Drive as recorded in Volume 86090, Page 3527;
THENCE following the centerline of Riverchase Drive along a curve to the left having a
central angle of 50' 08' 07", a radius of 425.00 feet, a chord bearing of South 89' 24' 41"
West, a chord distance of 360.13 feet, and an arc length of 371.89 feet to a point of reverse
curve;
THENCE continuing along the centerline of Riverchase Drive along a curve to the right
having a central angle of 21 ° 45' 27", a radius of 425.00 feet, a chord bearing of South 75'
13' 20" West, a chord distance of 160.42 feet, and an arc length of 161.39 feet to an
intersection point of the centerline of said Riverchase Drive with the East line of a 130-foot
wide Dallas Power and Light Company right-of-way;
THENCE along the East line of the Dallas Power and Light Company right-of-way, North
29' 13' 41" East, distance of 35.88 passing a point common to said East line, the North
right-of-way of Riverchase Drive, and the Southwest comer of the aforementioned Tract 8,
and continuing a distance of 1061.70, for a total distance of 1097.58 feet to a point common
to said East line of the Dallas Power and Light Company right-of-way, the most Northerly
comer of the aforementioned Tract 8, and the West right-of-way of MacArthur Boulevard;
THENCE following the West right-of-way of MacArthur Boulevard along a curve to the
right having a central angle of 61' 20' 08", a radius of 765.00 feet, a chord bearing of South
03' 32' 03" East, a chord distance of 780.39, and an arc length of 818.94 to a point of
tangency;
THENCE continuing along the West right-of-way of MacArthur Boulevard, South 27' 08'
01" West, a distance of 121.42 feet to the POINT OF BEGINNING, and containing 7.010
acres of land, more or less.
k~r~IBIT "A"
Tract B - MF to Retail
BEING a tract of land situated in the SINGLETON THOMPSON SURVEY, ABSTRACT
NO. 1493, and the J.C COOK SURVEY, ABSTRACT NO. 315 as recorded in Volume
93248, Page 0303 and Volume 86090, Page3527, of the Deed Records of Dallas County,
Texas and being more particularly described by metes and bounds as follows:
BEGINNING at an intersection point of the West right-of-way of MacArthur Boulevard and
the centerline of Riverchase Drive as recorded in Volume 86090, Page 3527;
THENCE South 27' 08' 01" West, a distance of 30.03 feet passing an "x" at a point
common to the Northeast comer of Tract 9 as recorded in Volume 93248, Page 0303, the
South right-of-way of Riverchase Drive, and the West right-of-way of MacArthur Boulevard,
continuing along said West right-of-way of MacArthur Boulevard a distance of 123.96 feet,
for a total distance of 153.99 to a point of curve;
THENCE continuing along the West right-of-way along said curve to the left having a
central angle of 27' 05' 53", a radius of 875.00 feet, a chord bearing of South 13' 35' 04"
West, a chord distance of 409.99 feet, and an arc length of 413.83 feet to a point of
tangency;
THENCE continuing along the West right-of-way, South 00' 02' 08" West, a distance of
196.53 to a point in the North line of the St. Louis and Southwestern Railroad;
THENCE along the North line of said railroad, North 86' 21' 18" West, for a distance of
709.44 feet to a point common to the aforementioned Tract 9, the North line of said railroad,
and the East line of a 130-foot wide Dallas Power and Light Company right-of-way, as
recorded in Volume 4594, Page 302 of the Deed Records of Dallas County, Texas;
THENCE along said East right-of-way, North 29' 13' 41" East, for a distance of 700.76 feet
passing a point common to the Northwest comer of the aforementioned Tract 9, the East line
of the Dallas Power and Light Company right-of-way, and the South fight-of-way of
Riverchase Drive, continuing a distance of 35.88 feet, for a total distance of 736.64 feet to
an intersection point of said East right-of-way and the centerline of Riverchase Drive;
THENCE following the centerline of Riverchase Drive along a curve to the left having a
central angle of 21' 45' 27", a radius of 425.00 feet, a chord bearing of North 75' 13' 20"
East, a chord distance of 160.42 feet, and an arc length of 161.39 feet to a point of reverse
curve;
THENCE continuing along the centerline of Riverchase Drive along a curve to the right
having a central angle of 50' 08' 07", a radius of 425.00 feet, a chord bearing of North 89'
24' 41" East, a chord distance of 360.13 feet, and an arc length of 371.89 feet to the POINT
OF BEGINNING, and containing 9.325 acres of land, more or less.
lrlltlBIT "B"
10. PUBLIC HEARING: (CONTINUATION)
Consideration and approval of a zoning change, Case #ZC-557(CH) 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 transmission 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 advised that the Public Hearing remains open from the April 12, 1994 meeting,
and asked for those persons wishing to speak against this proposal. Bob Voelker, 8445 Freeport
#650, spoke against this zoning change. The Mayor then asked for those persons wishing to
speak in favor of this proposal. Ivan Loftier, 1319 Westchester Drive; Pat Moriarty, 156
Meadowglen Circle; Z. C. Dameron, M.D., 440 Beacon Hill Road; Paul Shea, 259 Tealwood,
President of Wynnpage Homeowner's Association; J. Mark Barnes, 531 Beverly Drive; Harris
Johnson, 131 Park Valley Court; Thomas Cobum, 514 Beverly Drive; Leslie Fetchen, 733
Cardinal Lane; Tom Quintana, 901 Westwind Cove; Pat Keenan, 412 Wellington; Larry Creef,
933 Creek Crossing; Bill Kingsley, 436 Beacon Hill Drive; Chuck Sturges, 132 Newport Drive;
Bill Whitehill, 747 Meadowlark; Margaret Mike, M.D., 232 Beechwood Lane; Andy Wagner,
601 Wellington; Jena Simmons, 616 Thompson; Doug Powers, 901 Brown Trail; and Peyton
Weaver, 701 Dove Circle spoke in favor of this zoning change.
At this time, Council adjourned into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
Section 551.071, Texas Government Code - Consultation with City Attorney.
Mayor Morton convened into Executive Session at 9:10 p.m. as allowed under the above-stated
article. Mayor Morton adjourned the Executive Session at 9:12 p.m. and opened the Regular
Session continuing with Item 10.
REGULAR SESSION (Open to the Public)
Councilmember Mayo moved to close the public hearing and change the zoning in Case
#ZC-557(CH) from MF-2 to O (Office) on the approximate 6.6 acre tract north of the proposed
Riverchase Drive extension and R (Retail) on the approximately 8.8 acre tract south of
Riverchase Drive extension. Councilmember Reitman seconded the motion; the motion carried
7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Reitman,
Mayo, and Sheehan voting in favor of the motion.
11. 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 MacArthur
Boulevard, and east of TP&L transmission line; more particularly described
in Exhibit A & B attached to the ordinance, and authorizing the Mayor to
sign.
Mayor Pro Tem Robertson moved to approve Ordinance No. 91500-A-54 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 comer of Beltline Road
and MacArthur Boulevard, and east of TP&L transmission line; more particularly described in
CM051794
Page3 of 6
Exhibit A & B attached to the ordinance, and authorizing the Mayor to sign. Councilmember
Mayo seconded the motion; the motion carded 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-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 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 hearing 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 Stably seconded the motion; the motion carried 6-1 with
Councilmembers Alexander, Stably, 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 Stably 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.
CM051794
Page 4 of 6
15. Consideration and approval of an ordinance for Case #ZC-557(CI-D to change
the zoning from MF-2 to any appropriate zoning district classification,
including, but not limited to *IF-l, 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 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.
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
CM051094
Page 5 of