ORD LUP&ZC apprvl by CC 1/13/04AGENDA REQUEST FORM
COP?ELL
DATE: January 13, 2004
ITEM #: 7/F
ITEM CAPTION:
Consider approval of an Ordinance to amend the Land Use Plan of the 1996 Comprehensive Master Plan from
Regional Retail and Light Industrial/Showroom to Freeway Commercial, and change the zoning of Case No. ZC-
611 (CH), from LI (Light Industrial) to HC (Highway Commercial) on approximately 58.6 acres &property
located east of S.H 121 north and south of Sandy Lake Road, and authorizing the Mayor to sign.
GOAL(S):
N/A
N/A
EXECUTIVE SUMMARY:
Date of P&Z Meeting:
Decision of P&Z Commission:
APPROVED BY
CITY COUNCIL
Motion to Approve
Ord. # 91500-A-360
M - Suhy
S - York
Vote - 7-0 · --
ON ABOVE DATE
On May 15, 2003, the Planning & Zoning Commission unanimously approved these changes (7-0).
On June 10, 2003, Council unanimously approved these changes (6-0).
Staff recommends approval.
DIR. REVIEW: ~ ~
Agenda Request Form - Revised 09/02
FIN. REVIEW:
CM ~ ~'~
REVIEW: ~
Document Narae: ~LUPZC611(CH) ORD I-AR(C)
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ¢~l~"00-ff~ '.~'O
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 1N ZONING FROM LI (LIGHT INDUSTRIAL)
TO HC (HIGHWAY COMMERCIAL) ON APPROXIMATELY 58.6 ACRES
OF PROPERTY BEING MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" AND FURTHER AMENDING, IN PART, THE LAND USE
MAP OF THE COMPREHENSIVE PLAN CHANGING THE
DESIGNATION FROM REGIONAL RETAIL AND LIGHT
INDUSTRIAL/SHOWROOM TO FREEWAY COMMERCIAL
DESIGNATION ON THE TRACTS OF LAND AS DESCRIBED HEREIN,
AND AUTHORIZING THE DIRECTOR OF PLANNING TO AMEND THE
LAND USE MAP IN ACCORDANCE THE EXHIBIT "B", ON
APPROXIMATELY 58.6 ACRES LOCATED EAST OF S.H. 121 NORTH
AND SOUTH OF SANDY LAKE ROAD AND ATTACHED HERETO AND
INCORPORATED HEREIN FOR ALL PURPOSES; 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 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 goveming body is of the opinion that Zoning Application No. ZC-61 I(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 LI (Light Industrial) to HC
(Highway Commercial) on approximately 56.6 acres of property being more particularly described
61615
in Exhibit "A" and further amending, in part, the Comprehensive Plan and the Land Use Map
thereof by changing the designation from Regional Retail and Light Industrial/Showroom to
Freeway Commercial designation on the tracts of land as described herein, on approximately 58.6
acres of property being more particularly described in Exhibit "B", attached hereto and made a part
hereof for all purposes.
SECTION 2. That the property shall be used only in the manner and the purpose provided
in the Comprehensive Zoning Ordinance of the City of CoppelI, as heretofore amended, and as
amended herein.
SECTION 3. 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 4. 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 5. 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 6. An offense committed before the effective date of this ordinance is govemed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the fom~er law is continued in effect for this purpose.
2 61615
SECTION 7. 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.
SECTION 8. 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 ]2~--s~ct day of
2004.
~Oi~TORNEY
(REH/cdb 1/6/04 Reviewed & Revised)
DOUGLA~ql. ~-TO~
[ER, MAYOR
ATTEST:
,~I~Y SECRETARY
3 61615
ZC-61 I(CH)
FIELD NOTE DESCRiPTION
STATE OF TEXAS
COUNTY OF DALLAS
BEING a tract of land situated in the T.W. COUSY SURVEY, Abstract No. 317 and the
J.E. HOLLAND SURVEY, Abstract No. 614 in the City of Coppell, Dallas County,
Texas, and being a portion of a tract of land conveyed to Ferguson Realty Company by
deed recorded in Volume 79085, Page 2171 of the Deed Records of Dallas County, Texas
( DRDCT ), and being a portion of a tract of land conveyed to University of Texas Law
School Foundation by deed recorded in Volume 75098, Page 1671 ( DRDCT ) and being
a portion of a tract of land conveyed to Ben S. Atwell and Wife Mary O. Atwell by deed
recorded in Volume 70068, Page 0265 ( DRDCT ) and being a portion ora tract of land
conveyed to DFW SH-121 LP by deed recorded in Volume 84046, Page 4613 ( DRDCT )
and being a portion of a tract of land conveyed to William F. Callejo, Trustee by deed
recorded in Volume 80004, Page 1835 ( DRDCT ) and being more particularly described
as follows:
BEGINNING at a point for comer at the most southeasterly comer of said DFW SH-121
Tract;
THENCE along the southerly line of said DFW SH-121 Tract North 89 deg 42 min 51
sec West a distance of 789.38 feet to a point for comer;
THENCE departing the southerly line of said DFW SH-I21 Tract South 00 deg 16 min
00 sec West a distance of 1386.86 feet to a point for comer in the northerly right-of-way
line of THWEATT ROAD ( 50 foot right-of-way );
THENCE along the northerly right-of-way line of said THWEATT ROAD North 89 deg
44 min 00 sec West a distance of 1311.35 feet to a point for comer in the southeasterly
right-of-way line of STATE HIGHWAY NO. 121 ( variable width right-of-way );
THENCE departing the northerly right-of-way line of said THWEATT ROAD and along
the southeasterly right-of-way line of said STATE HIGHWAY NO. 121 as follows:
North 42 deg 52 min 00 sec East a distance of 1337.82 feet to a point for comer;
South 10 deg 19 min 10 sec East a distance of 25.01 feet to a point for comer;
North 42 deg 51 min 58 sec East a distance of I94.94 feet to a point for comer;
North 04 deg 11 min 03 sec East a distance of 32.00 feet to a point for comer;
North 42 deg 51 min 58 sec East a distance of 55.63 feet to a point for comer;
North 42 deg 52 min 00 sec East a distance of 285.60 feet to a point for comer;
EXHIBIT A- 1
Page 1 of 3
ZC-61 I(CH)
North 42 deg 54 min 23 sec East a distance of I215.59 feet to a point for comer;
North 42 deg 51 min 00 sec East a distance of 636.20 feet to a point for comer at
the most southwesterly comer of Phase I, Block I of ONE TWENTY ONE BUSINESS
PARK, an addition to the City of Coppell according to the plat recorded in Volume
81094, Page 2574 ( DRDCT );
THENCE departing the southeasterly right-of-way line of said STATE HIGHWAY NO.
121 and along the southerly line of said Phase I, Block I South 89 deg 45 min 00 sec East
a distance of 824.26 feet to a point for comer;
THENCE South 42 deg 51 min 00 sec West a distance of 1851.25 feet to the POINT OF
BEGINNING;
CONTAINING within these metes and bounds 47.155 acres or 2,054,073 square feet of
land, more or less.
EXHIBIT A- 1
Page 2 of 3
ZC-611 (CH)
FIELD NOTE DESCRIPTION
STATE OF TEXAS
COUNTY OF DALLAS
BEING a tract of land situated in the JESSE MOORE SURVEY, Abstract No. 968 in the
City of Coppell, Dallas County, Texas, and being a portion of a tract of land conveyed to
TE Northpoint Partners LTD. (TE Northpoint Tract ) by deed recorded in Volume 96106,
Page 5188 of the Deed Records of Dallas County, Texas ( DRDCT ), and being more
particularly described as follows:
BEGINNING at a point for comer at the most northeasterly comer of said TE Northpoint
Tract;
THENCE along the easterly line of said TE Northpoint Tract as follows:
South 00 deg 06 rain 56 sec East a distance of 300.77 feet to a point for comer;
South 89 deg 55 min 56 sec East a distance of 15.00 feet to a point for comer;
South 00 deg 06 min 56 sec East a distance of 227.51 feet to a point for comer at
the most southeasterly comer of said TE Northpoint Tract;
THENCE departing the easterly line of said TE Northpoint Tract South 89 deg 44 min 04
deg West a distance of 952.19 feet to a point for comer in the westerly line of said TE
Northpoint Tract;
THENCE along the westerly line of said TE Northpoint Tract North 00 deg 15 min 56
sec West a distance of 466.90 feet to a point for comer in the southeasterly right-of-way
line of STATE HIGHWAY NO. 121 ( variable width right-of-way );
THENCE along the southeasterly right-of-way line of said STATE HIGHWAY NO. 121
and continuing along the westerly line of said TE Northpoint Tract North 41 deg 15 min
06 sec East a distance of 92.97 feet to a point for comer at the most northerly
northwesterly comer of said TE Northpoint Tract and in the southerly right-of-way line
of THWEATT ROAD ( 50 foot right-of-way );
THENCE departing the westerly line of said TE Northpoint Tract and the southeasterly
right-of-way line of said STATE HIGHWAY NO. 121 and along the southerly right-of-
way line of said THWEATT ROAD and the northerly line of said TE Northpoint Tract
South 89 deg 44 min 00 sec East a distance of 876.99 feet to the POiNT OF
BEGINNiNG;
CONTAiNING within these metes and bounds 11.499 acres or 500,886 square feet of
land, more or less.
EXHIBIT A-1
Page 3 of 3
/
/
IPO[NT OF BEGINNING]
(
THWEATT ROAD
TANGENT
T1
T2
T4
T5
-6
TANGENT TABLE
BEARING
S 10'18'~0" E
N 42'51'58" E
N 04'11'03" E
N 42'51'58" E
N z-2'52'00" E
LENGTH
2501'
194.94'
.32.00'
55.6Z'
285.60'
ZONING EXHI3!7
L~ TO HC
47/55 ACRES
EXI{IBIT A-2
FERGUSON REALTY COMPANY
VOL. 79085, PG. 2171
( 9RDCT )
N 41'!5'06" E
92.97'
S 89'¢4'00" E
11.499 AC.
( 500,886 SQ. FT. )
THWEATT ROAD
50' RIGHT-OF-WAY )
875.99' NIN~
I POINT OF ~EGIN
o
PORTION
TE NORTHPOfN¥ PTNR LTD
VOL. 96106, PG. 5188
( DRDCT )
-- '~ 89'44'04" W 952.19'
TE NORTHPO'NT PTNR LTD
VOL, 98003, BO. 3692
S 89'55'55" 15,00'
REMA;NDER
TE NORYHPQINT PTNR LTD
VOL. 96106, PG. 5188
( DRDCT )
I
ZONING EXHIBIT
L[ TO HC
!%499 ACRES
SHEET
2
EXlilBIT A-3