AGNREQ/ORD # 91500-A-515
AGENDA REQUEST FORM
DEPT:
PLANNING
THE.CiTY.OF
corrELL
>(..'~' ~.!f-
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DATE:
January 13, 2009
ITEM #: 1 3
D WORK SESSION
D CONSENT
o REGULAR
ITEM TYPE: ORDINANCE
ITEM CAPTION:
Consider approval of an Ordinance for Case No. ZC-623, East Bethel Road, a zoning change from R (Retail) to SF-12
(Single Family-12) to allow the construction of a single-family home on 0.6278 acres of property located on the north
side of Bethel Road, approximately 315 feet east of Denton Tap Road, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION:
ACTION TAKEN BY COUNCIL:
On November 20, 2008, the Planning Commission unanimously
recommended approval of this zoning change (7-0). Commissioners
Haas, Frnka, Jett, Shute, Sangerhausen, Kittrell and Shipley voted in
favor, none opposed.
Motion to Approve
Ord. # 91500-A-515
On December 9, 2008, Council approved this zoning change (6-1).
M - Peters
S - Faught
Staff recommended APPROVAL.
Vote - 6-1
Tunnell voted against
. Libby Ball
t.k 2009.01.14
. 15:36:39
-06'00'
@ZC-623, East Bethel Rd ORD, l-AR
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE No.1I51J() -It -5/6
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 R (RETAIL) TO SF-12 (SINGLE FAMILY-12) TO ALLOW THE
CONSTRUCTION OF A SINGLE-FAMILY HOME ON PROPERTY LOCATED ON
THE NORTH SIDE OF BETHEL ROAD, APPROXIMATELY 315 FEET EAST OF
DENTON TAP ROAD AND BEING MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN;
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 Application No. ZC-623 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 R (Retail) to SF-12 (Single Family-12)
to allow the construction of a single-family home on property located on the north side of Bethel
Road, approximately 315 feet east of Denton Tap Road and being more particularly described and
depicted in Exhibit "A" attached hereto and incorporated herein.
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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 the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or 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 govcrncd 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.
SECTION 7. That any person, firm or corporation violating any of the provisions or tern1S 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.
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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.
DUL Y PASSED by the City Council of the City of Coppell, Texas, this the I~ day of
2009.
ROBERTE. HAGE
(REH/cdb ]2/] 1108)
ATTEST:
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LEGAL DESCRIPTION
BEING a 27,374 square feet or a 0.6284 acre tract of land situated in the McKinney and
Williams Survey, Abstract No. 79, City of Coppell, Dallas County, Texas, said tract
being part of Lot 1, Block A of Creek View, Phase II, an addition to the City of Coppell,
Dallas County, Texas according to the map thereof recorded in Volume 93231, Page
3950, Deed Records of Dallas County, Texas, said tract being all of a called 0.627 acre
tract of land conveyed to Timothy G. and Ann H. Pletta by deed recorded in Volume
97186, Page 242, Deed Records of Dallas County, Texas, and part of Lot 1 R, , Block A,
Creek View, Phase II Addition as recorded in Volume 2002167, Page 64, Deed Records
of Dallas County, Texas as stipulated in a Boundary Line Agreement set out in Cause
No. 02-9497 executed on September 17, 2003, and being more particularly described
as follows:
COMMENCING at the intersection of the northeast line of Bethel Road (an 80 foot right
of way) with the east line of Denton Tap Road (a variable width right of way) as shown
on the said map of Lot 1 R, Block A, Creek View, Phase II Addition, said point being the
southwest corner of said Lot 1 R and the beginning of a curve to the right with a central
angle of 20050'03", a radius of 860.00 feet, a chord bearing of S 76038'20" E and a
chord distance of 311.00 feet; Thence, Southeasterly, with the northeast line of Bethel
Road and along said curve, an arc distance of 312.72 feet to the Point of Beginning,
said point established by the said Boundary Line Agreement;
THENCE, N 25027'13" E, departing the northeast line of Bethel Road and with the said
agreed boundary line, a distance of 103.11 feet to a point for a corner, said point being
the northeast corner of said Lot 1 R, the northwest corner of the said 0.627 acre tract
and in the south line of North Lake Woodlands Fifth Section as recorded in Volume
78238, Page 2026, Deed Records of Dallas County, Texas;
THENCE, N 7]005'01" E, with the southeast line of the said North Lake Woodlands Fifth
Section, a distance of 207.39 feet to a point for a corner;
THENCE, S 11013'54" E, with southwest line of the said North Lake Woodlands Fifth
Section, a distance of 60.30 feet to a point for a corner, said point being the common
north corner of said Lot 1, Block A, Creek View, Phase II and Lot 1, Block A of Creek
View Addition as recorded in Volume 88116, Page 3069, Deed Records of Dallas
County, Texas;
THENCE, the following courses and distances with the common line of said Lot 1, Block
A, Creek View, Phase II and Lot 1, Block A of Creek View Addition:
S 36043'09" W, a distance of 14.52 feet to a point for a corner;
S 52031 '46" W, a distance of 31.92 feet to a point for a corner;
Exhibit "A"
LEGAL DESCRIPTION (continued)
S 76002'28" W, a distance of 23.40 feet to a point for a corner;
S 58040'48" W, a distance of 35.10 feet to a point for a corner;
S 53018'00" W, a distance of 60.03 feet to a point for a corner;
S 62006'01" E, a distance of 20.00 feet to a point for a corner;
846029'52" E, a distance of 27.02 feet to a point for a corner;
846049'35" W, a distance of 40.55 feet to a point for a corner;
813056'06" W, a distance of 7.10 feet to a found % inch iron rod for a corner
in the northeast line of Bethel Road, said being the beginning on a curve to
the left with a central angle of 10006'39", a radius of 860.00 feet, a chord
bearing of N 61010'00" Wand a chord distance of 146.04 feet;
THENCE, Northwesterly, with the northeast line of Bethel Road and along said
curve, passing at a chord distance of 146.04 feet the southeast corner of said Lot
1 R, continuing in all an arc distance of 151.76 feet to the Point of Beginning.
Exhibit "A"