CC approval of ORD 6/28/94CITY COUNCIL MEETING:
AGENDA REQUEST FORM
June 28, 1994
ITEM #
ITEM CAPTION:
Consideration and approval of an ordinance for Case #ZC-564(CH) to
change the zoning from C (Commercial) to any appropriate zoning
district classification, including, but not limited to, SF-7, SF-9,
SF-12, SF-18, and/or SF-ED on property generally containing
approximately 5 acres and located north of WynnPage subdivision and
west of Lone Star Gas utility line, and authorizing the Mayor to sign.
SUBMITTED ~~
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STAFF COMMENTS: Please
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CITY COpN tl..
STAFF RECOMMENDATION
Approval ~ Denial
EXPLANATION:
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FINANCIAL COMMENTS:
AMT. EST.$
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FINANCIAL REVIEW:
Agenda Request Form - Revised 1/94
CITY MANAGER REVIEW:
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ~/6"0o-/2-,S'7
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 "C" (COMMERCIAL) TO
9" (SINGLE FAMILY) ON A 5 ACRE TRACT OF LAND LOCATED NORTH
OF WYNNPAGE SUBDIVISION AND WEST OF LONE STAR GAS
UTILITY LINE, AND BEING MORE PARTICULARLY DESCRIBED IN
EXHIBIT"A" ATI'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 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-564(CH) 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 "C" (Commercial) to
"SF-9" (Single Family) on a five acre tract of land located north of WynnPage Subdivision
and west of the Lone Star Gas Utility line, 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, 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.
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 ~ ~ .t ,1994.
APPROVED:
TOM MORTON, MAYOR
ATTEST:
CITY SECRETARY'/
APPROVED AS TO FORM:
ROBERT L. DILLARD, CITY AT'FORNEY
(RLD/jd 6-17-94)
EXHIBIT "A"
Being a part of a tract of land situated in the City of Coppell, Dallas County, Texas, out of the
EDWARD H. CROW SURVEY, ABSTRACT NO. 301, as recorded in Volume 80198, Page
6750 of the Deed Records of Dallas County, Texas and being more particularly described by
metes and bounds as follows:
BEGINNING at the Southeast comer of WHISPERING HILLS as recorded in Volume 80016,
Page 1736 of the Plat Records of Dallas County, Texas, and being the most northerly Northeast
comer of FIRST INCREMENT, SHADOW RIDGE ESTATES, as recorded in Volume 84110,
Page 6743 and the Northwest comer of WYNNPAGE, as recorded in Volume 92001, Page
2952;
THENCE along the East line of WHISPERING HILLS, North 00' 15' 15.° East, a distance of
444.27 feet to a point for comer, said point being an intersection of the East line of
WHISPERING HILLS with the South line of a Lone Star Gas Easement, as recorded in Volume
74064, Page 1703, of the Deed Records of Dallas County, Texas;
THENCE along the South line of a 50-foot Lone Star Gas Easement, South 57' 10' 55"East,
a distance of 797.00 feet to a point for comer in the North line of the aformentioned
WYNNPAGE;
THENCE along the North line of WYNNPAGE, South 88' 57' 00~ West, a distance of 671.88
feet to the POINT OF BEGINNING and containing 3.43 acres of land, more or less.
Page 1 of 2
EXHIBIT "A"
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8
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10~
12
9
12
5;4
26
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ORCHARn
5
WYNNP
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6
Page 2 of 2
Invocation
Councilmember Mayo led those present in the Invocation.
6. Pledge of Allegiance
Mayor Morton led those present in the Pledge of Allegiance.
Citizens' Appearances
Robin M. Fleck, 253 Simmons Drive, submitted a letter to Mayor Morton and the
Council proposing a city-wide composfing project or program similar to that of the City
of Plano and Grapeatine. Ms. Fleck requested that the City consider purchasing a chipper
shredder so that compost materials can be made from tree limbs, shrubbery, etc.
Steve Goram responded to this request stating that a request to purchase this type of
equipment is being considered in 94-95 budget.
CONSENT AGENDA
8. A. Approval of Minutes: June 14, 1994
Consideration and approval to award Bid gQ-0594-01 to include the base bid
and Alternates 1 and 2 for the installation and construction of a playground
at Allen Road park to Gary Pittman Construction in the amount of $29,134.
Ce
Consideration and approval to authorize the City Manager to sign an
easement document grantin~ the City of Coppell access to the TU Electric
sanitary sewer easement at the comer of E. Belt Line Road and Mockingbird
Road where the TU Electric Generating Plant ties to the Coppell sanitary
sewer system.
D®
Consideration and approval of resolutions authorizing and directing staff to
execute necessary agreements related to grant requests to the Texas Forest
Service for Small Business Administration Tree Planting grants at Town
Center and Andrew Brown, Jr. Community Park, west of Denton Tap Road,
respectively, and authorizing the Mayor to sign.
E®
Consideration and approval of a resolution amending the existing Tax
Abatement Policy to provide an incremental increase in the abatement level.
F®
Consideration and approval of an ordinance for Case #ZC-564(CH) to change
the zoning from C (Commercial) to any appropriate zoning district
classification, including, but not limited to, SF-7, SF-9, SF-12, SF-18, and/or
SF-ED on property generally containing approximately 5 acres and located
north of WynnPage subdivision of Lone Star Gas utility line, and authorizing
the Mayor to sign.
G®
Consideration and approval of an ordinance for Case #ZC-565(CH) to change
the zoning from C (Commercial) to 0 (Office) on property generally
containing approximately 10 acres and located at the northwest comer of
Denton Tap Road and Bethel School Road, and authorizing the Mayor to
sign.
H. Consideration and approval of an ordinance for Case #ZC-566 to change the
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zoning from A (Agriculture) to SF-12 (Single Family-12) on property located
approximately 3/10 mile east of MacArthur, along the north side of DeForest
Road, and authorizing the Mayor to sign.
Consideration and approval of an Ordinance of the City of Coppell, Texas,
amending the Code of Ordinances of the City of Coppell, Texas by amending
Chapter 15 by adding Article 15-11, Neighborhood Integrity Code, and
authorizing the Mayor to sign.
Item 8/A --
Councilmember Mayo requested to amend the minutes of June 14, 1994, deleting his name from
Item 18 due to the fact that he was not in attendance at the meeting.
Item 8/B --
Mayor Morton stated that this item was discussed during the Work Session and Councilmember
She, ban did bring up whether this equipment was accessible for challenged children or
individuals and that staff will bring forward a change order that will meet all these requirements.
Mayor Pro Tem Robertson moved to approve Items 8/A with a correction to the minutes, items
8/B, 8/C, 8/D carrying Resolution 062894.1, 8/E carrying Resolution 062894.2, 8/1: carrying
Ordinance 91500-A-57, 8/G carrying Ordinance 91500-A-58, 8/H carrying Ordinance 91500-A-
59, and 8/I carrying Ordinance 94655, and authorizing the Mayor to sign.. Councilmember
Mayo seconded the motion, motion carried 7-0, with Mayor Pro Tem Robertson and
Councilmembers Alexander, Stahly, Watson, Reitman, Mayo, and Sheehan voting in favor of
the motion.
Consider appointment of a member to the Planning and Zoning Commi.~aion to f'dl
the unexpired term of Norman Alexander, whose term will expire October, 1995.
Following discussion, Councilmember Mayo moved to approve the appointment of Patrick
Keenan to the Planning and Zoning Commission to fill the unexpired term of Norman Alexander
whose term will expire October, 1995. Councilmember Stahly seconded the motion, motion was
denied 3-4 with Councilmember Stahly, Mayo, and Sheehan voting in favor of the motion and
Mayor Pro Tem Robertson, Councilmembers Alexander, Watson, and Reitman voting against
the motion.
Councilmember Alexander moved to approve the appointment of Stan Lowry to the Planning and
Zoning Commission to fill the unexpired term of Norman Alexander whose term will expire
October, 1995. Mayor Pro Tem Robertson seconded the motion, motion carried 4-3 with Mayor
Pro Tern Robertson and Councilmembers Alexander, Watson, and Reitman voting in favor of
the motion and Councilmembers Stahly, Mayo and Sheehan voting against the motion.
10. Review of existing City policy on water bill donations.
City Manager Witt stated the budget amount hoped to be gained this year from the voluntary
donation program on water bills of $14,500. This is split between four different areas - park,
library, economic development and fire. City Manager Jim Witt wanted to know if Council
would be receptive to changing the policy and designating, on a fiscal year basis, a particular
project that donations would go toward. These would be capital improvement projects so that
people could see a direct result of their donated money. This program would begin at the start
of the fiscal year. No action was required concerning this item.
11.
Consideration and approval to waive permit fees and expenses not to exceed $375
for extra police officers for the July 4th Exchange Club Parade.
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