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CC approval of ORD 4/11/95AGENDA REQUEST FORM CITY COUNCIL MEETIN~ April ~ ~995 XTEM # ~ ITEM CAPTION~ Consideration and approval of an Ordinance for ZC-563(CH), to change the zoning from R (Retail) and TH-2 (Town House-2) to SF-7 (Single Family-7) on a 16.208 acre tract of property located at the northeast intersection of Thweat and Coppell Roads, and authorizing the Mayor to sign. A PPR O VED x ~ m mu/. e/,_~ o o- ~ - , ~ CiTY CQ~N¢IL DATE--~:/"~/~-- TIT · ' o ~anning & Co nity Services INITIgS ST~F CO~E~S: This zoning change was approved by City Council on June 14, 1994. STAFF RECOMMENDATION EXPL~N&TION: Approval Denial BUDGET /~T.$~ FINANCIAL COMMENTS: FINANCIAL REVIEN: ~ AMT. EST.$ +/- BUD,$ CITY MA_-N'AGER REVIEW: AN ORDINANCE OF THE CITY OF COPPELL, TEXAS 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 TH-2 (TOWN HOUSE 2) TO "SF 7" (SINGLE FAMII.Y 7) ON A 16.208 ACRE TRACT OF LAND LOCATED AT THE NORTHEAST INTERSECTION OF THWEAT AND COPPELL ROADS, COPPELL, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governiag 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 Application No. ZC-563 (CH) shouid 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 "R" (Retail) and "TH-2 (Town House 2) to "SF 7" (Single Family 7) on a 16.208 acre tract of land located at the northeastern intersection of Thweat and CoppeH Roads, Coppell, Dallas County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. AOO069DC 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. 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 att 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. An offense committed before the effective date of this ordinance is governed by 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 6. That any person, f'Lrm 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 £me 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 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 of~, 1995. APPROVED: TOM MORTON, MAYOR ATTEST: APPROVED AS TO FORM: PETER G. SMITH, CITY ATTORNEY (PGS/jd 3-29-95) AC, G0691X: LEGAL DESCRIFrION Being 16.208 acres of land located in the T. L. Holland Survey, Abstract No. 624, Dallas County, Texas, and being a portion of the tract of land conveyed to Jim Sowell Construction Co., Inc., a Texas Corporation, according to the deed recorded in Volume 91252, page 6746 of the Deed Records of Dallas County, Texas. Said 16.208 acres of land being more particularly described by metes and bounds, as follows: BEGINNING at an "X" cut in a concrete gutter at the intersection of thc south fight-of-way linc of Minyard Lane (a 60 foot fight-of-way dedicated by the plat recorded in Volume 85237, Page 5014 of the Deed Records of Dallas County, Texas, and the existing East fight-of-way line of Coppell Road (a 50 foot fight-of-way); THENCE along the South fight-of-way line of said Minyard Lane, as follows: S 89° 54' 57" E 39.85 feet to a 1/2" iron rod set at the beginning of a curve to the Left; NORTHEASTERLY 18.74 feet along said curqe to the Left, having a radius of 258.00 feet, a central angle of 04° 09' 45" and a chord bearing N 88° 00' 09" E 18.74 feet to a 1/2" iron rod at the end of said curve and the beginning of a curve to the Right; NORTHEASTERLY 36.33 feet along said curve to the Right, having a radius of 500.00 feet, a central angle of 04° 09' 46" and a chord bearing N 88° 00' 09" E 36.32 feet to a 1/2" iron rod at the end of said curve; S 89° 54' 57" E 195.17 feet to a 1/2" iron rod found in the Northwest comer of the plat of VILLAGE AT COTI'ONWOOD CREEK, Section 11I, recorded in Volume 86028, Page 5833 of the Deed Records of Dallas County, Texas. THENCE S 00© 11' 42" E 1051.60 feet along the West line of the aforesaid VILLAGE AT COTTONWOOD CREEK, Section 111, to a 1/2" iron rod set for a comer; THENCE S 54° 10" 58" E 443.22 feet continuing along the Southwest line of the aforesaid VILLAGE AT COTTONWOOD CREEK, Section 1II, to a 1/2" iron rod set at the begitaning of a curve to the Right; THENCE SOUTHEASTERLY 37.69 feet along said curve to the Right, having a radius of 40.00 feet, a central angle of 53° 59' 13" and a chord bearing S 27° 11' 20" E 36.31 feet to a 1/2" iron rod at the end of said curve, said point lying in the West line of the plat of EXHIBIT "A" AG-O069DC VILLAGE AT COTTONWOOD CREEK, Section I, recorded in Volume 85237, Page 5022 of the Deed Records of Dallas County, Texas; THENCE S 00° 11' 42" E 633.22 feet along the West line of the aforesaid VILLAGE AT COTTONWOOD CREEK, Section I, to a 1/2" iron rod set for a comer, THENCE S 73° 02' 30" E 7.85 feet continuing along the Southwest line of the aforesaid VILLAGE AT COTTONWOOD CREEK, Section I, to a 1/2" iron rod found for a comer;, THENCE S 41° 08' 42" W 91.56 feet along the Northwest line of the aforesaid VILLAGE AT COTTONWOOD CREEK, Section I, to a 1/2" iron rod set in the existing Northeast fight- of-way line of Coppell Road (a 50 foot fight-of-way); THENCE N 48° 52' 14" W 695.44 feet along the Northeast fight-of-way line of said Coppell Road to a 1/2" iron rod set for a comer; THENCE N 41° 07' 41" E 183.09 feet to a 1/2" iron rod set for a comer at the beginning of a curve to the Left; THENCE NORTHWESTERLY 66.54 feet along said curve to the Left, having a radius of 40.00 feet, a central angle of 95° 18' 42" and a chord bearing N 06° 31' 36" W 59.13 feet to a 1/2" iron rod at the end of said curve; THENCE N 54° 10' 58" W 227.70 feet to a 1/2" iron rod set for a comer; THENCE S 89° 48' 18" W 20.00 feet to a 1/2" iron rod set in the aforesaid East fight-of-way line of Coppell Road (a 50 foot fight-of-way); THENCE N Off' 11' 42" 1258.88 feet along the East fight-of-way line of said Coppell Road to the PLACE OF BEGINNING, containing 16.208 acres (706,024 square feet) of land. EXI-IIBIT "A" . . s ~ ~ E~ ~ / ...... ~-~ , ..... ,. ,o,~.= ~ ~- ,.~.. POINT OF 16.208 ACRES / / II.1.1' [ "; EXHIBIT I Se There A. Bo Citizen's Appearance were no citizens signed up to speak under this item. Mayor Morton recognized Frank Beard and presented a Certificate of Recognition on behalf of the Council and the Coppell community, for his quick actions in being the first paramedic on the scene of the accident of Officer Steve Hayes. Mr. Beard stated he was very impressed with the response of the Coppell Fire Department. Mayor Morton presented to Jeff Waters, President of the Rotary Club, a Certificate of Appreciation for the Rotary Club's donation of the monument sign at the entrance to Andrew Brown Park- West. David Miller, Police Chief, introduced newly hired Captain Wade Goolsby to the Council. Chief Miller also updated the Mayor and Council on the condition of Officer Hayes. Mayor Morton announced that Ralph Goins had received an award for his work as a volunteer coordinator for the Society of St. Andrews. CONSENT AGENDA 9. Consider approval of the following consent agenda item~: A. Minutes of: March 28, 1995 Be Consideration and approval of an Ordinance for ZC-563(C~, to change the zoning from R (Retail) and TH-2 (Town House2) to SF-7 (Single Family-7) on a 16.208 acre tract of property located at the northeast intersection of Thweat and Coppell Roads, and authorizing the Mayor to sign. Ce Consideration and approval to mend Article m, 3.04 of the Keep Coppell Beautiful Committee by-laws to state that seven members shall constitute a quorum for the transaction of business. De Authorization to close Bethel School Road for a period of up to 120 days, between Swan and Hawk for the construction of a box culvert associated with the Stream G-6 Drainage Improvements CDR 93-06). Item C was pulled for further consideration. CM041195 Pa e 3 Items A, B, and D -- Mayor Pro Tem Robertson moved to approve Consent Agenda Items A, B carrying Ordinance 91500-A-87 and D. Councilmember Alexander seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. Item C -- City Manager Jim Witt advised that the ordinance on this item needed work and would be brought back to Council for consideration. Councilmember Mayo moved to table Consent Agenda Item 9 C until the second meeting in May. Mayor Pro Tem Robertson seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. 10. Consideration and approval of a Texas Waste Management request for a decrease for the base compactor rental rate, and an increase in the price per pull rate, and grandfathering all existing commercial compactor accounts that would be negatively affected by the proposed new rates. Steve Goram, Director of Information Services, made a presentation to the Council. Texas Waste management reviewed the suggestion of Councilmember Robertson to grandfather the existing accounts and have agreed to the same. Mayor Pro Tern Robertson moved to approve the Texas Waste Management request for a decrease for the base compactor rental rate, and an increase in the price per pull rate and grandfather all existing commercial compactors until such users feel it is in their best interest to go into the new system. Councilmember Reitman seconded the motion; the motion carded 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. 11. Consideration and acceptance of the 1995-96 Keep Coppell Beautiful Committee's operating budget. Steve Goram, Director of Information Services, made a presentation to the Council. Councilmember Sheehan moved to accept the 199//-96 Keep Coppell Beautiful operating budget. Councilmember Sturges seconded the motion; the motion carried 7-0 with Mayor Pm Tern Robertson and Councilmembers Alexander, Sturges, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. CM041L~$ Page 4 of 6