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CC approval of ORD to SF-7 4/12 ~~,~ AGENDA REQUEST FORM CITY COUNCIn MEETING: April 12, 1994 ITEM # 74 ITEM CAPTION: Consideration and approval of an ordinance for Case ~ZC-558(CH) to change the zoning from 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 6.2 acres of land located along the south side of Parkway Boulevard, approximately 3/4 mile east of Denton Tap Road; more particularly described in the Dallas County Records as Abstract #1327, tracts 8, 8.1, 8.4 and 5.3, and authorizing the Mayor to sign. SUBMITTED B~~ TITLE, Dir. of Planning & Community Services INITIALS~,~.~.~.J STAFF COMMENTS: Please refer'to Case #ZC-558 (CH) staff report for more information. STAFF RECOMMENDATION Approval ~ Denial EXPLANATION: BUDGET ANT. $ AMT. EST. $ +/- BUD: $ FINANCIAL COMMENTS: ~ ~ ~ APPRO FED/o DATE I/'~~¢ FIN~CI~L R~IEW~ CITY ~ER REVIEW: ~ R~u~ Fo~ - Re~ 1~94 SUPPORT DOCUMENTATION FOR AGENDA ITEM STAMP RECEIVED BY CITY MANAGER'S OFFICE: SUPPORT DOCUMENTATION SUBMITI'ED WITH ITEM: NO. OF ORIGINALS REQUIRED MEMOS/LETTERS/REPORTS/BILLS/MINUTE : 1 each CONTRACT/AGREEMENT ............ : 3 originals for signature C.I.P. CONTRACT .................. : 6 originals for signature CHANGE ORDERS ................. : 3 originals for signature ORDINANCE ..................... : X 1 blueback for signature + 3 copies CAPTION ....................... : X 1 blueback for signature RESOLUTION ..................... : 2 blueback for signature + 1 copy PROCLAMATION .................. : 2 blueback for signature + 1 BIDS ........................... 1 each SUPPORTING DOCUMENTS (narrative) .... 18 (over 10 pages or 5 double sided in length) LOCATION MAPS ................... 14 ZONING PLANS .................... 14 PRELIMINARY/FINAL PLATS ........... 14 SITE PLANS ....................... 14 LANDSCAPE PLANS ................. 14 ARCHITECTURAL RENDERINGS ........ 14 LENGTHY DOCUMENTS .............. 14 (zoning, subdivision ordinance, master plans) DATE PUBLISHED IN THE CITIZENS' ADVOCATE: N/A (to meet legal requirements prior to consideration by council) NOTIFICATION TO: METHOD OF CONTACT: NOTES BEING part of a ~ct of l~d ~own ~ ~ 3 in the CLA~NDA 'SQU~ SURVBY, AB~I~ NO. 13~ ~ ~~ in Volume ~103, Pale 2~39 of ~h~ D~ R~rds of D~las Count, Tex~ ~d b~nE more ~]~ly de~cdbe,~ by meJ~x ~nd bounds ~ follow~: BEGINN~G at a ~int in ~e Sou~ right-of-way of P~kway ~ulevard ~A~ 3, ~id po~t behg ~e No~st corner of ~e P~S OF COPPHI,L, ~E~ION ON~, ~ r~ord~ iu Volume 93~, Page 1531; TIIEI'qC}~ northec=tefly along a curve of the South right-of-way of Parkway Boulevard, said curve having ~ central angle of 14' 05' 00", a radius of 21.56.00 fe. rt, a chord bearing of North 82' 11' 49.5" East, a chord distance of 528.62 feet, ancl an arc length of 529.9/i feet to u point for corner common to the Northeast corner of mid TRACT 3 and the Northwest corner of PARKVIEW ADDITION as recorded in Volume 88081, Page 1944; THEHCE following the common line between said TItAC..'T 3 and PARKVIEW ADDITION, South 00' 56' 25' Eazt~ a disiance of 646.78 f~et passing through the Southw~t comer of PARKVH3W ADDITION and leaving the boundary of TRACT 3, continuing a dJs~anc~ of 50.00 feet~ for a total distance of 696.78 fe~.l to a p~ir~t c. ommon to thc aforementioned TRACI' 3 and the North line of PECAN HOLLOW as recorded in Volume 90139, Page 2914; THENCE along the North line of PECAN HOLLOW, South 89' 03' 35" W~t, a distanc,~ of 525.42 feet to a point common to the boundary of TRACT 3, tile Nortll line of PECAN IIOLLOW~ and the $outheozt corner of the aforementioned PARK..~ O1: COPPELL, SECTION ONE; T][-IIiNCE alon§ thc easterly line of tho PARKS OF COPPELL, SF-CTION ON1-/., North 00' 52' 32" West, a distanc~ of 633.65 feet to the POINT OF Bti~OINNING and .conlalning 8.15 acres of land, more or less. R-94% 214 393 0948 04-08-94 11: IlAM P028 $25 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-52 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 "SF-7" (SINGLE FAMILY) ON A 8.15 ACRE TRACT OF LAND LOCATED ALONG THE SOIfFH SIDE OF PARKWAY BOULEVARD, APPROXIMATELY THREE-FOURTHS MILE EAST OF DENTON TAP ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLl,ARS ($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-558 (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 "MF-2" (Multi-Family) to "SF-7" (Single Family) on a 8.15 acre tract of land located along the south side of Parkway Boulevard, three-fourths mile east of Denton Tap 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 f'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 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 the City Council of the City of Coppell, Texas, this the / day of ,1994. APPROVED: TOM MORTON, MAYOR ATFEST: CITY SECRETARY APPROVED AS TO FORM: .. ~4~94 ll:17 CITY O~ C~PPEI2_ BEING part of a tract of land known u TRACT 3 in the CLARINDA 'SQUIRES SURVEY, ABSTRACT NO. 1327 as rer..orded in Volume 88103, Page 2329 of the Deed Re. cords of Dallas County, Texa~ and being more particularly de.~cribe~t by me. le-s and hounds a~ follows: BEGINNING at a point in the South right-of-way of Parkway Boulev/u'd a~ described in said TRAC'~ 3, mid point bein~ the Northeast corner of the PARKS OF COPPI'/I.I., SECTION ONE, as recorded in Volume 93093, Page 1531; TIIElqC}~ northeasterly along a curve of the South ri§hr-of-way of Parkway Boulevard, said curve having a central angle of 14' 0:5' 00", a radius of 21.56.00 feet, a chord bearing of North 82' 11' 49.5' -Fast, a chord distance of ~8.62 feet, and an arc length of 529.9.'i feet to a point for corner common to the Northe~st dorne, r of .~id TRACT 3 and the Northwest comer of PARKVIEW ADDITION as recorded in Volume 88081, Pag~ 1944; THENCB following the eom,non line between said TIIAC..'T 3 and PARKVIEW ADDrrlON, South 00' 56' 25' East, a distance of 646.78 feet passing ~hwugh the $outhweat comer of PARKVII~W ADDITION and leaving the boundary of TRAi~r 3, continuing a S0.00 feet, for a total distance of 696.78 feet to a ~int common to thc aforementioncd , TRACT 3 and the North line of PF_CAN HOLLOW as recorded in Volume 90~39, Pal~c 2914; THENCE along the North line of PECAN HOLLOW, South 89' 0Y 35" W~t, a distanc~ of 5~25.42 feel to a point common to the boundary of TRACT 3, the North line of PECAN IlOLLOW, and the $outhcaat corner of the ~forementioned PAI~g OP COPPELL, SFL"TION ONE; 'I'I-II3NCE along thc easterly line of tho PARKS OF COPPHLL, SP-CTION ONP., North 00' 51l' 32" West, a distance of 633.6.5 feet to the POINT OF BF..GINNrNO and .containing 8.1.5 acr~ of land, more or ]css. R-94~ 214 393 0948 04-08-94 11: IIAM P028' $25 After a failed motion, Councilmember Reitman moved to leave the Public Hearing open and continue this matter until the May 10, 1994 City Council Meeting. Mayor Pro Tem Robertson seconded the motion; the motion carried 4-2 with Mayor Pro Tern Robertson and Councilmembers Stahly, Watson, and Reitman voting in favor of the motion and Councilmembers Weaver and Mayo voting against the motion. A motion to reconsider was made, seconded and failed to pass. 22. 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 llne; more particularly described in the Dallas County records as Abstract #1442, tract 2.1 and 1.4, and authorizing the Mayor to sign. This item was not considered due to Item 21 not being approved. 23. PUBLIC HEARING: To consider approval of a zoning change, Case #ZC-558(CI-B from 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 approxitnately 6.2 acres of land located along the south side of Parkway Boulevard, approximately 3/4 mile east of Denton Tap Road; more particularly described in the Dallas County Records az Abstract #1327, tracts 8, 8.1, 8.4 and 5.3. 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. Barry Knight, 5400 Renaissance Tower, representing the developer; and Glen Brovant, 11615 Forest spoke against this proposal. The Mayor then asked for those persons wishing to speak in favor of this proposal. Pat Moriarty, 156 Meadowglen Circle; Pat Keenan, 412 Wellington; and Douglas Laine, 277 Alex Drive spoke in favor of this proposal. Councilmember Mayo moved to close the Public Hearing and to approve zoning change Case #ZC-558(CH) from MF-2 to SF-7 on approximately 8.15 acres of land located along the south side of Parkway Boulevard, approximately 3/4 mile east of Denton Tap Road; more particularly described in the Dallas County Records as Abstract #1327, tracts 8, 8.1, 8.4 and 5.3. Councilmember Watson seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, and Mayo voting in favor of the motion. 24. Consideration and approval of an ordinance for Case #ZC-558(CH) to change the zoning from 1VIF-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 6.2 acres of land located along the south side of Parkway Boulevard, approximately 3/4 mile east of Denton Tap Road; more particularly described in the Dallas County Records as Abstract #1327, tracts 8, 8.1, 8.4 and 5.3, and authorizing the Mayor to sign. Councilmember Mayo moved to approve Ordinance No. 91500-A-52 to change the zoning from MF-2 to SF-7 on approximately 8.15 acres of land located along the south side of Parkway Boulevard, approximately 3/4 mile east of Denton Tap Road; more particularly described in the Dallas County Records as Abstract #1327, tracts 8, 8.1, 8.4 and 5.3. 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. C1V1041294 Page 9 of 11