Warren Addition-AG 940125AGENDA
CITY COUNCIL
AGENDA REQUEST FORM
_lammry 2q. 1994
ITEM NUMBER
ITEM CAPTION:
To consider an ordinance for Case #ZC-550 to change the zoning designation from MF-2 (Multi-Family-2) to
SF-9 (Single Family-9) on a parcel of land located at the northwest corner of Beverly Drive and Warren
Crossing, at the request of Mr. Ray Warren, and authorizing the Mayor to sign.
SUBMI'FYED BY: STAFF REP.: C. arv
· ...i ~ .... Dir~tor of plan~in~o & Conun. S~rvic~s
~~ ~~./~/ REP.: Pete Smlth, City Attorney
DATE;
EVALUATION OF ITEM:
Date of CC Meeting: December 14, 1993
Decision of CC: Approval (6-0)
BUDGET AMT.
AMT. +/- BUDGET
COMMENTS:
Please see the attached site plan and minutes for further details.
AMT. ESTIMATED
/ '
FINANCIAL REVIEW BY/~-~-~'~~-'~
LEGAL REVIEW BY:
AGENDA REQUEST FORM REVISED 2/93
REVIEWED BY CMl ~
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OFTHE CITY OF COPPELI~ TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF
COPPELL, TEXA,~, AS HERETOFORE AMENDED, BY GRANTING A CHANGE
IN ZONING FROM MF-2 TO SF-9 ON A 4.42 ACRE TRACT OF LAND LOCATED
AT THE NORTHWEST CORNER OF BEVERLY DRIVE AND WARREN
CROSSING, AND BEING MORE PARTICULARLY DESCRIBED 1N EX/alRIT 'A'
A'ITACHED ~ PROVIDING A I~g. PF~LING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOL~MtS ($2000.00) FOR EACH OFFENSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
~ tho City plnnnln~ ~ Zonin~ Commission ~ tho governin_o body of
the City of CoppeH, Texas, in compliance with the laws of the 5mt~ O{ Texas and
to the Comprehensive Zonin~ Ordinance of the City of Coppeil, have given re~ddt~ notie~
by publication and otbetwise, and after holding due he~-? and affo~din~o a full and fnir
hearing m all property owners generally, and to all persom interested and Mtoated in the
affected area and in the vjdnlty thereof, the said governing body i~ of tbe opinion that
Zoni%o Case No. ZC-550 should be approved, and in the exercise of legizlativz dJ~retion
have concluded that the Comprebemive Zoning Ordinance should be am~ndzd.
NOW, TIa~zu~zl~ORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPEL~: TEXA~:
SECTION 1:
That the Comprehensive Zonin~ OrdinazK~ ~ Map of the City of ~ T,.~e.
duly passed by the governing body of the City of Coppell, T,,~=. m heretofore amended,
be and the same is hereby mended to grant a change in zoning from MF-2 to SF-9 on a
4.42 acre tract of land located at the northwest corner of Beverly Drive and Warren
Crossing. and being more partio,lnrly descnq~ed in Exla~oit "A" attached hereto and made
a part hereof for all ~
1
SECTION 2.
That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zonin~ Or~qlnance of the City Of Coppell, as heretofore
~mended, and as amended herein.
SECTION 3. REPE~I~I(3 CLAUSE
That all provisions of 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 tho provisions of thi~ ordinance shall remain in full force and effect.
SECTION 4. SEVERABILITY CLAUSE
ordinance be ~djudged or beld to be un¢onsfitulion~l~ illegal or invalid, the ~ sludl not
affect the validity of ~ ordinance as a whole, or any ~ or provision tber~of o~l~r
of the Comprel~nsive Zoning Ordinance as a whole.
SECTION S. PENALTY CLAUSE
That any per~on, firm or corporation violnllng any of the provi~'on~ or t~rms of
ordinance shall be subject to the ~me penalty as provided for in the Co~. ehen~ve Zonin~
Ordln~nce of the City of Coppell, as heretofore amended, and upon conviction shall be
p~mi~hed by a fine not to excee~ 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. SAVINGS CLAUSE
An offense committed before the effective date of this ordinance is governed by the
prior law and the provisions of the Comprehensive Zonln~ Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for thi.~ pmlx)se.
SECTION 7. EFFECTIVE DATE
That thi.~ 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
dayof ,
APPROVF. D:
TOM MORTON, MAYOR
ATFEST:
APPROVED AS TO FORM:
DOROTHY TIMMONS, ~ SECRETARY
P~ G. SMITH. CITY ATTORNEY
3 AC_.c, o41~4
LEGAL DESCRIPTION
WHHRHAS RAY WARREN is the owner of a 4.4167 acre tract of land situated in the B.B.B. & C.R.R. Survey,
Al~tract No. 199 in the City of Copl~..ll, D~lln~ Count% Texas and bein~ part of a 31.233 acze l~act of land as
conveyed to ~ R. Wa~en by Deed Recorded in Volumc 78214, Pag~ 701 of th~ Deed Record~ of Dallas
CountT, Texas (D.R.D.C.T.), said 4.4167 acres being more pat~mlarly de~dbed as follov~:
BEGINNING at a 1/2' iron rod set for the inte~:tion of the East llne of Beverly Drive (a 50' R.O.W.) and
the nm~erly line of Warren Ct(ming (a 50' R.O.W.) as recorded in Vohnne 92207, pase 400 of the Map
Rec~ds of Dabs County, Tc~af,
No~h 89" 00'10" West, 20~92 fcct to a lf2' :.,~ rod found, said iron rod aho being ~ ~ ~ ~ of
a circular curv~ to the right having a radim of 175.00 feet and a cim~l which bears Ninth 64' 23'58" West, a
~ ie~?h of 14~.71 feet;
a circular curve to the left havi~ a radins o~ 225J10 feet and a dsmd misich bears North 55' 31'34" West, a chmd
R.O.W.) ss reamled in Vohm2 ,P~ , M.R.D.C.T., s/msW sald n~ cu~e
to the left through a central af~k d 010 06'55', an arc d/stature d 837 ~et to a lf~ iron md ~
THENCE Soulh 89' 31'13' F. ast, lc.m/rig t~ eaa2dy lis~ d asM Allm RoM, 18420 feet m n 3/8" i~m rod
TI-XHNCE SmP~ 78' 46'0T' F. ast, 21.42 feet to a 1/2" iron rod set;
THENCE South 03' 30'16" East, 324.11 feet to thc POINT OF BEGINNING and contai~ 4.417
19'2,394 square feet of land, more or less.
LEGAL DESCRIPTION
WHEREAS RAY WARREN is the owner of a 4.4167 acre tract of land situated in the
B.B.B. & C.R.R. Survey, Abstract No. 199 in the City of Coppell, Dallas County, Texas and
being part of a 31.233 acre tract of land a.s conveyed to El'Aa R. Warren by Deed Recorded
in Volume 78214, Page 701 of the Deed Records of Dallas County, Texas (D.R.D.C.T.), said
4.4167 acres being more particularly described as follows:
BEGINNING at a 1/2" iron rod set for the intersection of the East line of Beverly Drive
(a 50' R.O.W.) and the northerly line of Warren Crossing (a 50' R.O.W.) as recorded in
Volume 92207, page 400 of the Map Records of Dallas County, Texas.
THENCE along the northerly line of said Warren Crossing the following:
North 89'00'10' West, 203.92 feet to a 1/2" iron rod found, said iron rod also being the
point of curvature of a circular curve to the right having a radius of 175.00 feet and a chord
which bears North 64' 23'58" West, a chord length of 145.71 feet;
Along said curve to the right through a central angle of 49' 12'20-, an arc distance of 150.29
feet to a 1/2' iron rod found;
North 39' 47'47' West, a 241.58 feet to a 1/2" iron rod found, said iron rod also being the
point of curvature of · circular cu~e to the left having a radius of 225.00 feet and a chord
which bear~ North 55' 31'34' West, a chord length of 121.99 feet;
Along said curve to the right through a centntl angle of 31' 27,33', an arc distance of 123.54
feet to a 1/2' iron rod sat, said iron rod also being the point of car~atm'e of n non-tnngent
curve to the left having a radius of 430.00 feet and a chord which beaus North 14' 02'50'
East, a chord length of 8.37 feet;
THENCE leaving the northerly line of said Warren Crossing and along the easterly line of
Allen Road (a 60' R.O.W.) ~ recorded in Volume , Page .
M.R.D.C.T. along said non-tangent co~e to the left through a c~ntral ~ngle of 01' 06'55',
an arc distance of 8.37 feet m a 1/2' iron rod set;
THENCE South 89' 31'13' East' leaving the easterly line of said Allen Road, 184.20 feet to
a 3/8' iron rod found;
THENCE North 43' 54'52~ East' 39330 feet to a 1/2' iron rod set;
THENCE South 21' 33'40' East, 8732 feet to a 1/2' iron rod set;
THENCE South 52' 09'12. East, 62.57 feet to a 1/2' iron rod set;
THENCE South 78' 46'07' East, 21.42 feet to a 1/2' iron rod set;
THENCE South 03' 09'05- East, 163.86 feet to a 1/2" iron rod found;
THENCE South 03' 30' 16" East, 324.11 feet to the POINT OF BEGINNING and containing
4.417 acres or 192,394 square feet of land, more or less.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
119 area residents were present in opposition. Mayor Morton opened the Public Hearing and
asked for those persons wishing to speak against this proposal. Ed Miller, 237 Glenwood, spoke
in opposition and suggested the installation of a 10-foot wall around the car wash. Kevin
Korioth, 213 Glenwood, Steve Willenbriak, 124 Hearthwood, Norma Gaffney, 247 Edgewood,
Casey Chandler, 283 Tealwood Drive, Veme Dooley, 133 Heanhwood Drive, all spoke in
opposition of this proposal. Applicant, Lenny Ponlsen, 433 Carter Drive, and his associates,
Ralph Nasca, 1601 Sol Way, Lewisville, and Architect Bob Welty, addressed the Council in
favor of the proposal. The Mayor then asked for those persons wishing to speak in favor of this
proposal. Louis Ferguson, 424 Carter, Joe Ormafl, Lewisville and Lanny Jackson, 431 Bethel
School Road spoke in favor of this proposal. Mayor Morton th~ closed the Public Hearing.
After lengthy discussion, Mayor Pro Tern Robert~n moved to approve S-1074 from C to
C.S.U.P. (The White Glove Express Car Wash), located along the east side of Denton Tap
Road, 500 feet south of l~mewond Drive with the following three O) conditions: 1) vacuum
operation be fully enclosed and a decibel level be taken prior to commencement of consUuctio~
to be on file with the Planning Department and that the ~cibel reading not be grea~r than 55
DCB, during full operation of the facility, at the screening wall to be provided by the Apl~icant
oo ~be east side of the property as shown on the site plan and if the level is above 55 that the
Applicant take necess~y precautions; 2) the driveway have a divider for ingressing and
eg~ssing Uaffic and that the Applicant will agree to mal~e necessary albralions ~o the median
cut deamed by Engineering; and 3) additional landscaping be added at the rear to buffer th~
sound from the adjacent neighborhood subject to the site plan. Councilmember ~
Councilmembers Watson, and Garrison voting in favor of the minion and C. mmcilmembe~
14.
PUBLIC nEAnn C. Consideration and aid'oval of ZC- (Wan'eh
Crossing Addition) from M~-2 (Mulfl=F~nily) to SF-9 (Sin~e Fnmily), ~
at ~he norlhwe~ on,nor of ~everly Drive and W~rren Crossing, at ~he request
Gary Sieb, Director of Planning and Community Services, made a pre~ntafion to the ~.
Mayor Morton opened the Public Hearing and a.~ed for those persons wishing to si~ak against
this~. There were none. He then asked for tho~e persons wishing to speak in favor of
this prolxml. Again, there were none. Mayor Morton then closed the Public Hearing. M~yor
Pro Tern Robemon moved to approve ZC-550 (Warren Crossing Addition) from MF-2 (Multi-
family) to SF-9 (Single family), located at the northwest corner of Beverly Drive and Warren
Crossing. Councilmember Garrison seconded the motion; the motion carried 6-0 with Mayor
Pm Tern Robertson and Councilmembers Weaver, Stahly, Watson, Mayo, and Crarrison voting
in favor of the motion.
1S.
Consideration and approval of a (Secondary) Final Plat for Warren Crossing
located at the northwest corner of Beverly Drive and Warren Crossing, at the
request of Winklemalm & Associates.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Councilmember Mayo moved to approve a (Secondary) Final Plat for Warren Crossing located
at the northwest corner of Beverly Drive and Warren Crossing and accept the following items
offered by the Developer: 1) the drainage easement should be a minimum of 50 feet wide to
allow for a street in the future; 2) all garages must be side entry; and 3) Warren Court should
appear on the face of the plat. Mayor Pm Tern Robemoo seconded the motion; the motion
carried 5-1 with Mayor Pm Tem Robertson and Councilmembers Weaver, Stahly, Mayo, and
Garrison voting in favor of the motion and Councilmember Watson voting against the motion.
Pqe4 of 10