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CC approval of ORD 7/1/3/99 ~~~/,~/_/./_, AGENDA REQUEST FORM __The C~y V~h A Beluflful FutuFe ~ CITY COUNCIL mETING: July 13, 1999 ITEM # 8 ~} ITEM CAPTION: Consider approval of an Ordinance for Case No. ZC-599. Carrollton-Fanners Branch I.S.D.. Riverchase Elementary School. zoning change request from TH-1 (Townhouse-1) to SF-7 (Single-Family-7), to allow the construction of an elementary school located at the northeast corner of MacAr~ Boulevard and Starleaf Street, and authorizing the Mayor to sign. APPROVED BY CITY COUNCIL Date of P&Z Meeting: N/A Decision of P&Z Commission: N/^ Council unanimously granted this zoning change request on June 8, 1999. Staff recommends approval. DIR. INITIALS: ~. FIN. REVIEW: ~ CITY MANAGER REVIEW: f~ Agenda Request Form -'Revised 2/99 Document Name: ~ZC599o Mayor Sheehan advised that Item 16 had been pulled by the Applicant and would come back to Council on July 9.7, 1999. 7. Citizen's Appearances. There were no citizens signed up to speak under this item. CONSENT AGENDA Consider approval of the following consent agenda items: A. Consider approval of minutes: June 22, 1999. B. Consider approval of an Ordinance amending Ordinance Number 99866, adopted on March 23, 1999, by correcting a clerical error to said Ordinance by azsf~ning a new Ordinance Number; and authorizing the Mayor to sl~n. Land Use and Development C. Consider approval of an Ordin=nce for Case No. PD-1631~ Windsor Estates, zoning change for property zoned PD-SF-9 {Planned Development, Single Family-9} to amend the development conditions of the Planned Development concerning entry features of the subdivision and amend to create additional common areas to accommodate landscaping on a 15.78 acre tract of land located along the north aide of DeForest Road, approximately 600 feet east of Allen Road, and authorizing the Mayor to sign. ~i.i..~~ Consider approval of an Ordinance for Case No. ZC-599, ~i- Carrollton-Farmers Branch I.S.D., Riverchase Elementary '.-ii;~.~; School, zoning change request from TH-X (Townhouse-1) ':~?~ to SF-7 (Single-Family-7), to allow the construction of an elementary school located at the northeast corner of MacArthur Boulevard and Starleaf Street, and authorizing ~... .t.~e Mayor to sign. I-..-'"::~'~?': ~i ~.,......~:.~..~f~ E. Consider approval of an Ordinance for Case lqo. S-1162, Anamia*s Tex-Mex Restaurant, zoning change request CLVI071399 Page 3 of 12 Item A, B, C, D, E, F, G and I -- Mayor Pro Tem Tunnell moved to approve Consent Agenda Items A, B carrying Ordinance No. 99883, C carrying Ordinance No. 91500-A-222, D carrying O~dlt!..n~l' ~ 91500-A-2..23.,. E carrying Ordinance No. 91500-A-224, F carrying Ordinance No. 91500~A-225, G carrying Ordinance No. 91500-A-226 and I carrying Resolution No. 071399.1. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tern Tunnell and Councilmembers Peters, Keenan, Wheeler and York voting in favor of the motion. Item H --- Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Pro Tem Tunnell moved to approve Consent Agenda Item H carrying Ordinance No. 91500-A-227. Councilmember Wheeler seconded the motion. City Attorney Peter G. Smith indicated the following could be added to the ordinance: 1) the City agrees to construct the Town Center West Boulevard at its cost; 2) the City agrees to construct the sidewalk within the 10' sidewalk utility easement at its cost; 3) the City agrees to construct the retaining wall at its cost; 4) the City agrees not to impose any future street assessments against the property; 5) the developer or owner will not be required to place any existing electrical facilities (which consist of a TU Electric feeder line) under ground; and 6) an additional speed hump will be installed if it is determined feasible by the City Engineer and if it does not conflict with the approved curb cuts. Mayor Pro Tem Tunnell inquired about the electrical line being placed underground. City Attorney Peter G. Smith indicated the line was a feeder line and it would not be feasible to place it underground. Mayor Pro Tem Tunnell moved to amend her motion to include the following additions: 1) the City agrees to construct the Town Center West Boulevard at its cost; 2) the City agrees to construct the sidewalk within the 10' sidewalk utility easement at its cost; 3) the City agrees to construct the retaining wall at its cost; 4) the City agrees not to impose any future street assessments against the property; 5) the developer or owner will not be required to place any existing electrical facilities (which consist of a TU Electric feeder line) under ground; and 6) an additional speed hump will be installed if it is determined feasible by the City Engineer and if it does not conflict with the approved curb cuts. Councilmember Wheeler seconded the motion to amend; the motion to amend carried 5-0 with Mayor Pro Tem Tunnell and Councilmembers Peters, Keenan, Wheeler and York voting in favor of the motion to amend. CM071399 Page 5 of 12 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~1~"0/3 .'~.- ~.~,.~ 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 TH-1 (TOWNHOUSE-1) TO SF-7 (SINGLE FAMILY-7) FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF MACARTHUR BOULEVARD AND STARLEAF STREET, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE ZONING EXHIBIT, ATTACHED HERETO AS EXHIBIT "B"; 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 governing body of the City of Coppell, Texas, in compliance wSth 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 heatings and affording a full and fair hearing to all property OWTters 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-599 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 TH-1 (Towxthouse-1) to SF-7 (Single Family-7) for the property located at the northeast comer of MacArthur Boulevard and Starleaf Street, and more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. 1 26795 SECTION 2. That the zoning change is hereby approved subject to the following special condition: (A) No improvements will be allowed in the flood plain except as permitted and approved by the City Engineer. SECTION 3. That the Zoning Exhibit attached hereto as Exhibit "B" and made a part hereof for all purposes, is hereby approved. SECTION 4. 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 5. That all provisions of the Ordinances 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 6. 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 7. 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. 2 26795 SECTION 8. 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 fme 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 9. 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 ~, ~ ,1999. ATTEST: LIBBY BALIfflNTERIM CITY SECRETARY TTORNEY (REH/cdb 6/28/99) 3 26795 WHEREAS I~e Corro#ton-Farmers granch Independent ~chooi Oistr~t O~e the owner~ of a 10.000 acre tract of ~.cnd situated in ttm SA. · M.G. R.R. ~, ~t No. C~ of C~, ~ ~n~, Tex~ o~ ~;ng all of o c~a~ t~t of ~ c~d to C~o~F~ ~o~h l~e~nt ~1 ~t~t by ~ ~ ~ V~ume ~075. P~ 0274 ~ R~, ~c~ Count, Texo~ o~ b~n~ ~ ~~ d~n~ ~ginni~ ~. o ~/~' c~p~ i~n ~d found ~t t~e S~thwest co~r of ~o~ti~ .10.~ acm ~t a~ ~ c~ ~h~3[ c~ner or o r~c of ~ c~ to ~ C~on or ~e ~c~l ~s~ ~ ~Ms os r~orded in Vol%~e 9~7, ~,~23 ~D.R.D.C.~.) ;r~ ~ f~ 01~ ~,~ ~ ~ ~lt li~ of Mac ~ur ~M~ra (o I~ ~ht-or-~] os d~;c~ by ~ot ;~e ~1197, P~e 2124 ~D.R.D.C.T.): ~e~e ~ 2~'27' Eo~, olo~ the ~st line of ~ ~r ~.. o ~tonce of 92.74' ~ e 1/2 ~ ~ [ou~ for c~r, se;d ~on ~ ~ ~ ~n~ of o c~ 1~22' E~t. 36~9 ~ ': ~nce ~ ~ ~st f~e of ~c ~ ~. o~ ~ c~ to t~ left f~ on o~ ~t~ce of 369.~' ~o = 1/2' ~ ~ fou~ for co. er: ~ence ~th ~'52'~' East. ;l~q o com~n line of the ~ ~ of ~ t~ct o~ the s~th ;~ of o t~cf of Io~ conve~ to ~~ P~_~. Ltd. volu~ 9~7t. Page ~ (D.R.D.C.T.). o ~stonce of 7~.~. to o I/2 ;mn ~ence ~uth ~07'27' West. oi~ e common ;i~=~. the'~* Une of ~;d ;0.~ acre ~ct and t~ ~st llne of o ~ct of ~ c~.to ~~ ~, Ltd. VoI~ 9~71, Po~ ,~161 (D.R.D.C.T.), o d;stence ~ ~.~,~ o I/2' ~ r~ ~ for co~r: ~nce ~ ~52'3J' We~. ~g a ~mon ;i~ of ~ ~ I~ ~ ~ I0.~ ~re a~ ~ ~ ~ of ~ tract of ~ ~e~ ~ ~e C~ of ~, T~ ~o~ of ~_~t ~ the mt I~ of ~ City of Co~ t~t f~ ~ tot~ ~ ~ a ~r~ ~ ~ ~ ~, ~ ~i~ of 2~.~ ~ a c~ ~ of 0~ W~t, ~ ~6.~': ~e ~ said cu~,~ to ~he ~9~t f~ an a~ di~once o[I ~7.69' to a ~/2' ~ r~ fou~ for ~e ~ 6~2l'2~' We~ a~q o careen line of t~ s~h line of ~d ~0.~ t~t o~ t~ n~h tire of ~ ~D;ZCo~I ~ese of ~ trac~ o distance of !~.~' Point ~ ~innin9 a~d c~toinin9 4~,~ squo~ f~t wh~h ~s /0.~ oc~ of land. ~BIT , .~...¥..~. :~ ~->.J,.~ ~,.-~,~1 Ii i I~ ~ :: ~":~ :' :;~ :%:~'~ ]'':':? ": ' , ~:~'~?~:~.~E.~.~:~ ~"' ....... ~ ~:-.~'~,~'.~.~':?~-..- / : . :::~:~ . .... )i.:'::">~L~: ~'~'''':~.~:~ '' / : '~:':~:~B."! VICINI~ MAP "~/ ~ · ~d~ ~--.~-~-~-~-~3 ~- ....... ~-~-~-~ ~-~-~-.. %,:, ~r .... .' .~ ...... ~;/ . ..- -,,~.<, ,.~ ........ ~ ~' , ~, k I / , '1111 ' I, I' ~/ 2o , ~ ~ I. B~CK I '.~ ,.. .  /~. ~ .~ ~_ :.~-t- -~ .... ~ ...... . ..... "~..~m ~ ~ ......... , .'/ ~.. ~ ~q~= ........ ~,._~.g_, ....... : .............. ,~ ~__i~ . _ . / / -- i~ ;; ~ ~. ~ ~g i L~; .... i ' ' ZONING EXHIBIT {:~ ~ ~ ~; ~ =~ i ~l -~IVER CHASE E~MENTARY SCHOOL ADDITION CARRO~TON-FARMERS B~NCH SURDU~N SURVEY G~NN ENGINEERING INDEPENDENT SCHOOL DI~RICT COMPANY INC. ....