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CC approval of ORD 9/26/95Thm ~ With ^ B~utlful Futura CITY COUNCIL HEETING: AGENDA REQUEST FORM September 26, 1995 ITEM ITEM CAPTION: Consideration and approval of an Ordinance for Case No. ZC-582 (CH), to change the zoning from TH-1 (Townhouse-1) to SF-7 (Single Family-7), for a 1.2 acre tract of property located on the east side of Mapleleaf Lane, south of Sugarberry Drive (Woodridge Addition, Section One, Lots 27-30, Block J), and authorizing the Mayor to sign. SUBMITTED BY: Gary L. S . ' _ / ~ . TITLE: Dir. of Planning & Co~. ~erv INITIALS STAFF CO~ENTS: This zoning change was approved by Council on August 22, 1995. STAFF RECOMMENDATION EXPLANATION: Approval ~ Denial BUDGET AMT.$ F/~ FINANCIAL COMMENTS: AMT. EST.$ +/- BUD:$ FINANCIAL REVIEW: Agmda Request Form - Revised 1/94 1~ "~,oldmmxl' p~p~r h CITY MANAGER REVIEW: AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE 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-I" (TOWNHOUSE RESIDENTIAL) TO "SF-7" (SINGLE-FAMILY RESIDFAVTIAL) ON A 1.2 ACRE TRACT OF LAND LOCATED ON THE EAST SIDE OF MAPLELEAF LANE, SOUTH OF SUGARBERRY DRIVE, COPPELL, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; 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 governing body is of the opinion that Zoning Case #ZC- 582(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 "TH-l" (Townhouse Residential) to "SF-7" (Single-Family Residential) on a 1.2 acre tract of land located on the west side of Mapleleaf Lane, south of Sugarberry Drive, Coppell, Dallas County, 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 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 6. 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 7. That this ordinance shall take effect immediately from and after its 2 passage and the publication of its caption, as the law and charter in such cases provide. DULY P/~SSED by the City Council of the City of Coppell, Texas, this the ,.~ ~ay APPROVED: TOM MORTON, MAYOR ATTEST: APPROVED AS TO FORM: PETER G. SMITH, CITY ATI'ORNEY 3 EXHIBIT "A" WOODRIDGE LOTS 27-30, BLOCK J, REPLAT OF SECTION ONE A tract of land situated in the City of Coppell, Dallas County, Texas, and lying in the James Parrish Survey, Abstract No. 1139, and being more particularly described as follows: COMMENCING at the Northeast corner of Phase II Northlake Woodlands East Addition, an addition to the City of Coppell as recorded in Volume 83112, Page 4208, of the Map Records of Dallas County, Texas, said corner being within the right-of-way of Sandy Lake Road; THENCE North 89° 28' 00" East a distance of 970.56 feet to the Northerly extension of the most Northerly centerline of the right-of-way of Mapleleaf Lane; THENCE, along said right-of-way centerline of Mapleleaf Lane, South 00° 32' 00" East a distance of 195.00 feet to the POINT OF BEGINNING, said point being in the intersection of the centerline of the right-of-way of Mapleleaf Lane with the centerline of the right-of-way of Sugarberry Drive; THENCE; along the centerline of the right-of-way of Sugarberry Drive, North 89° 28' 00" East 160.00 feet to a point for corner; THENCE; South 00° 32' 00" East a distance of 64.54 feet to a point of tangency with a curve to the left, said point being in the centerline of an alley right-of-way; THENCE, along said curve to the left, having a central angle of 27° 29' 45" and a radius of 100.00 feet, and along said alley right-of-way centerline an arc distance of 47.99 feet to the point of tangency with a line at the end of said curve; THENCE, along said tangent line and continuing along said alley right-of-way centerline, South 28° 01' 45" East a distance of 55.04 feet to a point of tangency with a curve to the left; THENCE, along said curve to the left, having a central angle of 10° 57' 05" and a radius of 1OO.OO feet, and continuing along said alley right-of-way centerline an arc distance of 19.11 feet to the point of tangency with a line at the end of said curve; THENCE, along said tangent line and continuing along said alley right-of-way centerline, South 38° 58' 48" East a distance of 54.06 feet to a point for corner in the centerline of an intersecting alley right-of-way, said point being in a curve to the left the radius of which bears at said point South 38° 58' 48" East to its centerpoint; THENCE, along said curve to the left, having a central angle of 31 o 20' 50" and a radius of 290.00 feet, and along said alley right-of-way centerline an arc distance of 158.66 feet to a point for corner in the centerline of the right-of-way of Mapleleaf Lane, said point being in a curve to the right the radius of which bears at that point North 59° 13' 00" East to its centerpoint; EXHIBIT "A" THENCE, along said curve to the right, having a central angle of 58° 41' 00" and a radius of 310.00 feet, and along said right-of-way centerline of Mapleleaf Lane an arc distance of 317.51 feet to a point of tangency with a line at the end of said curve; THENCE, along said line and continuing along said right-of-way centerline of Mapleleaf Lane, North 00° 32' 00" West a distance of 80.00 feet to the POINT OF BEGINNING; and containing approximately 1.2 acres of land. 5. Pledge of Allegiance. Mayor Morton led those present in the Pledge of Allegiance. 6. Citizen's Appearances. Joe Shirley, 582 Villawood, addressed the Council concerning Consent Agenda Item 9 C. At this time Mayor Morton read for the record a Proclamation naming September 25-29, 1995 as Police Appreciation Week and presented the Proclamation to Police Chief David Miller. Consider approval of a Proclamation naming Saturday, September 30, 1995 as COPPELL EAGIJF. SCOUT APPRECIATION DAY HONORING JEREMIAH BROWN, KEVIN JENSEN, AND MICHAEL OWEN, and authorizing the Mayor to sign. Mayor Morton read for the record a Proclamation naming Saturday, September 30, 1995 as Coppell Eagle Scout Appreciation Day and presented the Proclamation to Ieremiah Brown, Kevin Jensen and Michael Owen. ge Swearing-in of a Representative, and Alternate, to the Amer~n Red Cross and new members to the City's Boards, Commi.nsions and Committe~. Mayor Morton conducted the swearing-in of the new appointees to the City's Boards, Commissions and Committees. CONSENT AGENDA Consider approval of the following consent agenda item~: A. Consider approval of minutes: September 12, 1995. B. Consider approval of a Resolution of the City of Coppell, Texas, appointing the Assistant Finance Director and the Accountant for the City of Coppell as additional Investment Officer and authorizing the Mayor to sign. CM092695 Page 2 of 7 De Ee F® Ge He Review and consideration of an Arbitrage Report Agreement with Alan Johnson, C.P.A. Consider approval of an Ordinance amending Section 18 of the Code of Ordinances to provide that various fees of the City shall be established by resolution of the City Council; and authorizing the Mayor to sign. ® Consider approval of a Resolution. of the City C. ouncil establishing various fees; and authonzmg the Mayor to sign. Consider approval of an Ordinance, with special conditions, for Case No. PD-137, to change the zoning from SF-O (Single Family, Zero Lot Line) to Planned Development (Planned Development), for a 30.8395 acre tract of property located on the east side of MacArthur Boulevard, south of DeForest Road (Raintree Village Addition), and authorizing the Mayor to sign. Consider approval of an Ordinance, with special conditions, for Case No. PD-138, to change the zoning from SF-0 (Single Family, Zero Lot Line) to Planned Development (Planned Development), for a 20.013 acre tract of property located on the northeast side of MaeArthur Boulevard, south of DeForest Road (Villages of Coppell Addition, Phase I), and authorizing the Mayor to sign. Consider approval of an Ordinance, with special conditions, for Case No. PD-139, to change the zoning from SF-0 (Single Family, Zero Lot Line) to Planned Development (Planned Development), for a 15.3682 acre tract of property located on the northeast side of MacArthur Boulevard, south of DeForest Road (Villages of CoppeH Addition, Phase ID, and authorizing the Mayor to sign. Consider approval of an Ordinance, with special conditions, for Case No. PD-140, to change the zoning from SF-0 (Single Family, Zero Lot Line) to Planned Development (Planned Development), for a 40.9814 acre tract of property located on the northeast side of MacArthur Boulevard, south of DeForest Road (Villages of Coppell Addition, Phases HI-A&B; IV-A&B), and authorizing the Mayor to sign. Consider approval of an Ordinance, with special conditions, for Case No. PD-141, to change the zoning from SF-0 (Single Family, Zero LOt Line) to Planned Development (Planned Development), for a 96.886 CM092695 Page 3 of 7 J® Ke L® Me Ne acre tract of property located on the west side of Samuel Boulevard, north of Parkway Boulevard (Parkwood Addition, Sections 1, 2, & 3), and authorizing the Mayor to sign. Consider approval of an Ordinance, with special conditions, for Case No. PD-142, to change the zoning from TH-2 (Townhous~2) to Planned Development (Planned Development), for a 43.609 acre tract of property located on the west side of Moore Road, north of Parkway Boulevard (Park Meadow Addition, Sections 1&2), and authorizing the Mayor to sign. Consider approval of an Ordinance, with special conditions, for Case No. PD-143, to change the zoning from TH-2 frownhouse-2) to Planned Development (planned Development), for a 17.736 acre tract of property located on the west side of Lodge Road, south of Parkway Boulevard (parkview Addition), and authorizing the Mayor to sign. Consider approval of an Ordinance, with special conditions, for Case No. PD-144, to change the zoning from TH-2 (Townhonse-2) to Planned Development (planned Development), for a 39.957 acre tract of property located on the west side of Moore Road, south of Parkway Boulevard (Sherwood Park Addition, Sections 1&2), and authorizing the Mayor to sign. Consider approval of an Ordinance, with special conditions, for Case No. PD-145, to change the zoning from TIt-1 (Townhouse-1) to Planned Development (Planned Development), for a 24.6 acre tract of property located on the west side of MacArthur Boulevard, south of Sandy Lake Road (Woodridge Addition, Section Five and Block I and Lots 1-26 of Block J of Sections 1&2), and authorizing the Mayor to sign. Consider approval of an Ordinance amending Sections 31, 33, 34, 42, and Appendix 1 through 5 of the City of CoppeH Zoning Ordinance with regard to parking and landscape requirements, and authorizing the Mayor to sign. Consider approval of an Ordinance for Case No. ZC-582(CI-I), to change the zoning from TH-1 (Townhouse-1) to SF-7 (Single Family-7), for a 1.2 acre tract of property located on the east side of Mapleleaf Lane, south of Sugarberry Drive (Woodridge Addition, Section One, Lots 27-30, Block J), and authorizing the Mayor to sign. CM092695 Page 4 of 7 Item 9 C was pulled to be placed on the October 10, 1995 City Council Agenda as a regular item. Item 9 D was pulled for future consideration. Item 9 A, B, E, F, G, H, I, J, K, L, M, N and O -- Mayor Pro Tem Robertson moved to approve Consent Agenda Items 9 A, B carrying Resolution No. 0926.95.1, E carrying Ordinance No. 91500-A-96, F carrying Ordinance No. 91500-A-97, G carrying Ordinance No. 91500-A-98, H carrying Ordinance No. 91500-A-99, I carrying Ordinance No. 91500-A-100, J carrying Ordinance No. 91500-A-101, K carrying Ordinance No. 91500-A- 102, L carrying Ordinance No. 91500-A-103, M carrying Ordinance No. 91500-A-104, N carrying Ordinance No. 91500-A-105 and O carrying Ordinance No. 91500-A-106. Councilmember Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. 10. PUBLIC HEARING (Continuation): To receive public comment concerning the Proposed 1995-96 Municipal Budget. Mayor Morton announced that the Public Hearing remained open from the City Council Meeting of September 12, 1995. Mayor Pro Tern Robertson spoke regarding the City's financial operations and announced that the Finance Committee was proposing a flat tax. Councilmember Sheehan discussed the budget process of the City. City Manager lim Witt also addressed the issue of the budget process. Mayor Morton asked for persons to speak in the Public Hearing. Dean Wilkerson, 538 Rolling Hill~ Road; Mike Carroll, 318 Parkwood; Greg Winchester, 737 Robin Lane; Bill Smothermon, 408 Greearidge; and Peyton Weaver, 701 Dove Circle addressed the Council. Mayor Pro Tem Robertson moved to close the Public Hearing. Councilmember Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, TunneH, Mayo, and Sheehan voting in favor of the motion. 11. PUBLIC HEARING (Continuation): To receive public comment concerning a proposal to increase total tax revenue by .00963 per $100 of taxable value; and, designate a date and time to vote on the tax rate. Mayor Morton announced that the Public Hearing remained open from the City Council Meeting of September 12, 1995. Mayor Morton advised that the caption of this item is in error and that there was no increase sought. Mayor Morton complimented the Finance Committee and City Manager Jim Witt concerning the budget process. Mayor Morton asked for persons to speak in the Public Hearing. No one wished to speak. Mayor Pro Tern Robertson moved to close the Public Hearing and set the tax rate at the current rate and set a Special Council Meeting for CM092695 Page 5 of 7