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CC approval of ORD 10/11/94AGENDA REQUEST FORM TI~ C~ With ^ ~utiful F~tum CITY COUNCIL MEETING: October 11, 1994 ITEM ITEM CAPTION: Consideration and approval of an Ordinance for ZC-570(CH), changing the zoning from A (Agriculture) to HC (Highway Commercial) on 1.06 acres of property located along the west side of Denton Tap Road, north of Highland Road (in Lewisville), and authorizing the Mayor to sign. ~ ~ 0 I/ED STAFF COI~ENTS. Date of P&Z Meetinq: September 15, 1994 Decision of Commission: Approval (5-0) with Commissioners Lowry, Wheeler, Thompson, Tunnell and Redford voting in favor of changing the zoning to HC (Highway Commercial). None opposed. Commissioner Hildebrand was absent. One vacancy occurs. STAFF RECOMMENDATION EXPLANATION: Approval Denial When property is annexed into the city, it annexes in as A (Agriculture). Changing the zoning to HC (Highway Commercial) is consistent with the zoning of this area. BUDGET AMT.$~/~ FINANCIAL COMMENTS: AMT. EST.$ +/- BUD:$ FINANCIAL REVIEW:~ Agenda Request Form - Revised 1/94 CITY MANAGER REVIE AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~'].~00- A" 7 I 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 "A" (AGRICULTURAL) TO "HC" (HIGHWAY COMMERCIAL) ON A 1.06 ACRE STRIP OF LAND LOCATED ALONG THE WEST SIDE OF DENTON TAP ROAD RIGHT-OF- WAY, BEGINNING AT THE COMMON BOUNDARY LINE BETWEEN THE CITY OF COPPELL, TEXAS AND THE CITY OF LEWISVILLE, TEXAS, AND CONTINUING SOUTH ALONG THE WEST SIDE OF THE DENTON TAP ROAD RIGHT-OF-WAY TO THE INTERSECTION OF HIGHLAND ROAD, COPPELL, TEXAS, AND BEING MORE PARTIC~Y DESCRIBED IN EXHIBIT "An 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 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-570 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 "A" (Agricultural) to "HC" (Highway Commercial) on a 1.06 acre strip of land located along the west side of the Denton Tap Road fight-of-way, beginning at the common boundary line between the City of Lewisville and the City of Coppell, and continuing South along the west side of the Denton Tap Road right-of-way to the intersection of Highland Road, Coppell, Texas, 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. 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. 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, fh'm 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. 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: - ATTEST: EINIDA. GRAU, ACTING CITY SECRETARY APPROVED AS TO FORM: PETER G. SMITH, CITY AT'FORNEY (PGS/jd October 4, 1994) EXHIBIT "A" BEING a certain tract of land situated in Dallas and Denton Counties and part of the G. Woolsey Survey Abstract No. 1402 and being more particularly described as follows: BEGINNING at a point in the "common boundary line" between the City of Lewisville (City Ordinance No. 1311 A, approved by the City Council of May 2, 1988) and the City of Coppell (approved by the City Council on April 26, 1988), said point being also the northeast comer of the W. T. Hyder Survey Abstract No. 1701 and the southeast comer of the R. Thompson Survey Abstract No. 1274; THENCE S 00° 29'40" W, a distance of 1,535.51 "along the common boundary line" to a point for comer; THENCE N 89° 30'20" E, a distance of 33.0' to a point for comer; said point being 11.5' west of the centerline of Denton Tap Road; THENCE N 00° 15'23" E, 853.17' to a point for comer; said line being parallel and 11.5' west of the centerline of Denton Tap Road; THENCE N 00° 26'40" E, 682.33' to a point for comer; said line being parallel and 11.5" west of the centerline of Denton Tap Road; THENCE n 89° 33'20" w, 28.5" to the point of beginning and containing 46.279 square feet or 1.0624 acres of land, more or less. EXHIBIT "A" AGG05ED6 I I '3'Z ONV'IM IH CITY OF' CO~LL LIMIT LINE EXHIBIT "A (2)" LI on 3.79 acres of property located along the north side of E. Beltline Road, in close proximity to the existing eastern City limit line. 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 ZC-569 zoning change from A (Agricultural) to LI (Light Industrial) on 3.79 acres of property located along the north side of E. Beltline Road and also to approve Ordinance No. 91500-A-70 setting out said zoning change. Councilmember Reitman seconded the motion; the motion carried 6-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Stahly, Watson, Reitman, and Sheehan voting in favor of the motion. 14. Consideration and approval of an Ordinance for ZC-569(CI-I), changing the zoning from A (Agriculture) to LI (Light Industrial) on 3.79 acres of property located along the north side of E. Beltline Road, in close proximity to the existing eastern City limit line, and authorizing the Mayor to sign. This item was approved in the motion made for Item 13 above. 15. PUBLIC HEARING: Consideration and approval of ZC-$70(CI-B zoning change from A (Agriculture) to any appropriate zoning district classification, including, but not limited to, SF-7, SF-9, SF-12, SF-18, SF-ED, HC, and LI on 1.06 acres of property located along the west side of Denton Tap Road, north of Highland Road (in Lewisville). 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 ZC-570 zoning change from A (Agricultural) to HC (Highway Commercial) on 1.06 acres of property located along the west side of Denton Tap Road, north of Highland Road (in Lewisville) and also to approve Ordinance No. 91500-A-71 setting out said zoning change. Councilmember Alexander seconded the motion; the motion carried 6-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Stahly, Watson, Reitman, and Sheehan voting in favor of the motion. 16. Consideration and approval of an Ordinance for ZC-570(CH), changing the zoning from A (Agricultural) to HC (Highway Commercial) on 1.06 acres of property located along the west side of Denton Tap Road, north of Highland Road (in Lewisville), and authorizing the Mayor to sign. This item was approved in the motion made for Item 15 above. 17. Consideration and approval of Village at Cottonwood Creek, Section V, Preliminary Plat, located north and east of Coppell Road; south of Minyard Drive, at the request of Tipton Engineering, Inc. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Pro Tem Robertson moved to approve Village at Cottonwood Creek, Section V, Preliminary Plat, located north and east of Coppell Road; south of Minyard Drive with all conditions being met to the satisfaction of Staff. Councilmember Alexander seconded the CM101194 Page 6 of 8