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White Glove-AG 940208CONSENT AGENDA CITY COUNCIL Ml~'flNG AGENDA REQUEST FO~~°~ To consider an ordinance for Case//S-1074 to change the zoning designation from C (Commercial) to C.S.U.P. (Commercial, Special Use Permit) on a parcel of land located along the east side of Denton Tap Road, 500 feet south of Braewood Drive, at the request of Mr. Lenny Poulsen, and authorizing the Mayor to sign. Dir~r af !~--.i~ & Comm. OTHER REP.~ DATE:. EVALUATION OF ITEM: Date of CC Meeting: December 14, 1993 Decision of CC: Approval (4-3) AMT. +/- BUDGET COMMENTS: AMT. ESTIMATED FINANCIAL REVIEW BY~ Please see the attached site plan and minutes for further details. APPROVED BY CITY COt)f'~l L DATE ~/~/~¢ // AGENDA REQUEST FORM REVISED 219V -- REVIEWED BY CM; AN ORDINANCE OF THE CITY OF COPPELL, TEXAS OP INANCE NO. 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 'C' COMMERCIAL DISTRICT TO "C' COMMERCIAL DISTRICT WITH A SPECIAL USE PERMIT WITH SPECIAL CONDITIONS, TO ALLOW THE OPERATION OF A CAR WASH TO BE LOCATED ON A 0.989 ACRE TRACT OF LAND ON THE EAST SIDE OF DENTON TAP ROAD, S00 FEET SOUTH OF BRAEWOOD DRIVE, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT WA' ATYACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN AS SHOWN IN EXHIBIT 'B" ATI'ACHED HERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ~I-IEREAS, file City Planning 0Jld Zoning Commission and file governing body of the City of Coppelk Texas, in compliance with the laws of file State of Texas and pursuant to the Comprehensive Zonino~ Ordinance of file 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 file affected area and in file vicinity thereof, file said governing body is of the opinion that Zoning Application No. S-1074 should be granted, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1: That file Comprehensive Zoning Ordinance and Map of file City of Coppell, Texas, duly passed by the governing body of file City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from "C" Commercial to "C" Commercial with a Special Use Permit with special conditions, to allow file operation 1 of a car wash to be located on a 0.989 Acre tract of land on the east side of Denton Tap Road, 500 Feet south of Braewood Drive, being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the Specific Use Permit for a car wash is hereby approved subject to the following special conditions, to wit: 1. The vacuum operation shall be fully enclosed and the sound emanating from the enclosure due to the operation of the vacuum~ measured at the exterior of the buildin~ shall not exceed fifty-five (55) decibels. 2. The driveway shall contain a divider separating ingressing and egressing traffic. 3. Additional landscaping to buffer the sound from the adjacent neighborhood shall be added at the rear of the location. 4. That the Specific Use Permit shall be in accordance with the Site Plan marked Exhibit HB". SECTION 3. That the Site Plan for the Specific Use Permit shown in Exhibit ~B~ attached hereto and made a part hereof for all purposes, is 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, r~s heretofore amended, and as amended herein. 2 SECTION 5. REPEAI .lNG 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 provisiom not in conflict with the provisions of thin ordinance shall remain in full force and effect. SECTION 6. SEVERABILITY CLAUSE That should any sentence, paragraph, subdivision, danse, ptaaae 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. PENALTY CLAUSE 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. SAVINGS CLAUSE An offense committed before the effective date of thi~ 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. 3 SECTION 9. EFFECTIVE DATE 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, thi~ the ~ day of 1994. APPROVED: ATrEST: SECRETARY APPROVED AS TO FORM: EXHIBIT BEING a tract of land situated in the Edward A. Crow Survey, Abstract No. 301 ia the City of Coppell, Dallas County, Texas and being more particularly described as follows: COMMENCING at a point of intersection of the north line of Vanbebber Road (a 50 foot right-of-way) with the east line of Denton Tap Road (a 100 foot right-of-way); Thence along the said east line of Denton Tap Road the following courses and distances, N. 48' 31'00" W., 49.60 feet to the be~nnlng of a curve to the right having a central angle of 02' 37'00" and a radius of 5679.70 feet; Thence along said curve 25939 feet; Thence N. 00' 06'00" E., 623.40 feet to the POINT OF BEGINNING, a ~" iron rod set for comer; THENCE N. 00' 02'58" E., 240.00 feet continuing along the said east line of Denton Tap Road to a ~" iron rod set for comer on the southwesterly line of a Lone Star Gas Company right-of-way (a 50 foot wide right-of-way); THENCE S. 58' 19'18" E., 328.67 feet along the said southwesterly line of the Lone Star Gas Company right-of-way to a ~" iron rod set for comer, said point being on the west line of the Second Revised Braewood West Addition, an addition to the City of Coppell as recorded in Volume 80153, Page 0053 of the Deed Records of Dallas County, Texas; THENCE S. 00' 36'02" W., 67.64 feet along the said west line of the Second Revised Braewood West Addition, to a %" iron rod set. for comer; THENCE N. 89' 57'02" W., 279.20 feet leaving the said west line of the Second Revised Braewood West Addition, to the Point of Be~nnlng and containing 0.988 acres (43,025 square feet) of land, save and except 0.054 acres (2,368 square feet) of land in a sidewalk and utility easement, leaving a net area of 0.934 acres (40,657 square feet) of land. EXHIBIT WEST ELEVATION ~xHEBTT 10. Presentation of the 1993 award winners for the Christmas Spirit Awards Contest for individual home and neighborhood Christmas light displays. Kathleen Roach introduced Melinda Surbaugh, Chairperson of the Christmas Spirit Awards Committee, to Council. Ms. Surbaugh, representing the Library Board, acknowledged her committee members: Michael Cogbum, representing the Coppell Historic Commission; Daniel Green, representing the Cable Review Board; Shaft Guess, representing the Disciplinary Appeals Board; Charles 'Bill' Markham, representing the Park Board; Ron Pankey, representing the Economic & Business Development Board; Ronaid "Kirk' Wensel, representing the Ba~d of Adjustment; lT~rry Wheeler representing the Planning and Zoning Commission, Counciimember Flo Stahly, Councilmember Peyton Weaver and Kathleen Roach, representing City Staff. The winning awards were announced as follows: Beat Street - First Place, Park Place Subdivision; Second Place, Oriole Street; Third Place, Dove Circle. Best House o First Place, 410 Gle~x,~t Circle, William H. Smith, IH; Second Place, 713 Dove Circle, Brace Dietz; Third Place, 569 Rolling Hills, John M. Robinson. Most Original House - 607 St. Andrews, Donna Park. Moat Original Street - Bayou Court (#'s 201,205 and 209), Edward Kennedy, Daniel Iialovanic and Charles Hallam. Most Traditional House- 726 Clayton, Stuart Spradley. Moat Traditional Street - Highland M,~aows Subdivision. Most Humorous Houze - 124 & 128 MeadoW, Mike C. Watson and Wil and Melissa Littlefield (joint award). Most Humorom Stx~t - Villawond Circle. Best Spiritual House - 336 M~lowood, Don Ladusan. ~ Spiritual Sram - no award given as theme was not used street-wide. Hall of Fame A~ - 603 liavma~t Lane, Danny Vrla. Honorable Mentions w~e given to City Hall, IAnda (]mu, Co~ 120 Sandpoint, Steve W=m.n; 206 Fieldcrest Loop, Larry Wuistinger; 516 Cozby, {~m~ & Rmtxseca Hamilton; Cardinal Sm:et; Havenerest Su, eet; 126 Pecan Hollow, Randy Ewaa{m; $82 Shndowcrest, Robert Probe~; 220 Sh,~mboat, Lee Waddell; and 217 Co{~ Ro~I, Scott Sanders. Mayor Morton thanked City Staff and Linda Orau for organizing the holiday ~ for the City. No further action was eeeessuy on this item. 11. Presentation of award to tbe City of Coppell by Jenny Nelson of fl~ Pmqr~ml Blood Donor Center for tl~ most pints of blood donated by a commnni~y in 1991/92 based on blood drives coordinated by Ken Grifrm of the City of Coppell and Brenda Jones of Riverside Church of Christ. Jenny Nelson made a presentation of the award to the City. No further action was required this item. 12. ~,.1~,~: To consider approval of S-1070(R), Special Use Permit for a drive-through restaurant located near the southwest comer of MacArthur Boulevard and Beltline Road, at the request of Boston Chicken (Public Hearing left open from November 9th City Council Meeting). This Public Hearing remains open from the November 9, 1993 City Council Meeting. Mayor Morton asked for those persons wishing to speak against this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Again, there were none. Mayor Morton then closed the Public Hearing. Mayor Pro Tem Robertson moved to deny S-1070(R), Special Use Permit for a drive-through restaurant located near the southwest comer of MacArthur Boulevard and Beltline Road. Councilmember Garrison seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stably, Watson, Mayo, and Garrison voting in favor of the motion. 13. l~l~.~.~: Consideration and approval of 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 Braewood Drive, at the request of Mr. Lenny Paulsen. CM121493 Ga~'y 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 Willenbfiak, 124 Hea~thwood, Norton Gaffney, 247 Edgewood, Casey Chandler, 283 Tealwood Drive, Verne Dooley, 133 Hearthwood Drive, all spoke in opposition of this proposal. Applicant, Lenny Poulsen, 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, loe Orman, Lewisville and Lanny Jackson, 431 Bethel School Ro~d spoke in favor of this proposal. Mayor Morton then closed the Public Heating. After lengthy discussion, Mayor Pro Tern Robenzon moved to approve S-10'/4 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 Branwood Drive with the following three (3) conditions: 1) vacuum operation be fully enclosed and a decibel level be taken prior to commencement of construction to be on file with the Planning Department and that the decibel reading not be greater than 55 DCB, during full operation of the facility, at the ..screw. g ~ .m..be p.m~ .ded_~by__._the.~A~ca~ on the en~t ~ide f the ~onertv as shown on the site pmn ann ff ~ levea ~s anovc ~. . A lieant ~t. t~ons; 2) the driveway have a di '.vi.der .for ~ ..nna pp .necessary precau ........... median egr~___H.g traffic and that thc Applicant will agree to ~ necessary ~uterauona u~ ~ from the adjacent neighborhood su. bjeet to me rite pan. _~_-~,,~ ~-~____~_ Couneilmember~ Wagon, and Banison voting in favor of the motion ~! Weaw~, Stably and Mayo voting ~alnst the motion. Mayor Morton voted in f~vor of tbe motion braking the tie vote. 14. ~l~d,~: Consideration and approval of ZC-~q0 (Warren Cronsing Addition) from MF-2 (Multi-Family) to ~F-~ (Single Family), located at the northwest corner of Beverly Drive and Warren Crossing, at the request of Winklemann & Associates. Ga~ Sie6, Director of Planning and Community Services, made a p~..t~i.'on to the.Conn,. ': this proposal. There were none. He then asked for mose persons w~smng to spenut m mvu~ u this proposal. Again, there were none. Mayor Morton then closed the Public Heating. Mayor Pro Tern Robertson moved to approve ZC-550 (Warren Crossing Addition) from MF-2 (Multi- family) to SF-9 (Single family), located at the northwest comer of Beverly Drive and Wan~n Crossing. Councilmember Garrison seconded the motion; the motion carried 6-0 with Mayor Pro Tern Roberlson and Councilmembers Weaver, Stably, Watson, Mayo, and Garrison voting in favor of the motion. 15. Consideration and approval of a (Secondary) Final Plat for Warren Crowing located at the northwest corner of Beverly Drive and Warren Crossing, at the request of Wlnklemann & Associates. Gao/Sieb, Director of Planning and Community Services, made a presentation to the Council. Councilmember Mayo moved to approve a (Seconda~) Final Plat for Warren Crossing located at the northwest corne; of Beverly Drive and Warren Crossing and accept the following items offered by the Developer: l) 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 Pro Tern Robertson seconded the motion; the motion carried 5-1 with Mayor Pro Tern Robertson and Couneilmembers Weaver, Stahly, Mayo, and Garrison voting in favor of the motion and Councilmember Watson voting against the motion. CM121493 1~ 4 of 10 Finance Committee -- Mayor Pro Tern Robertson stated that the Finance Committee had held two meetings. CONSENT AGENI)A 20. Consider approval of the follo~'ing consent agenda items: A. Consider approval of minutes: January 25, 1994 Consider approval of a Resolution adopting an order calling an Election for Municipal Officers to be held Saturday, May 7, 1994 and authorizing the Mayor to sign. Discussion and consideration of amending the contract with Rady and Associates for the design of Sandy Lake Road from MacArthur Blvd. to Denton Tap Road in the amount of $10,000.00 and authorizing the Mayor to sign. Consideration of an ordinance abandoning a sanitary sewer easement located in Stonemeade Estates and authorizing the Mayor to sign. ge Consideration of an ordinance for Case S-1074 to change the zoning designation from C (Commercial) to C.S.U.P. (Commercial, Special Use Permit) on a parcel of land located along the east side of Denton Tap Road, 500 feet south of Braewood Drive, at the request of Mr. Lenny Poulsen, and authorizing the Mayor to sign. Consideration of an ordinance approving S-1059, changing the zoning from LI (Light Industrial) to LI.S.U.P. (Light Industrial, Special Use Permit), for the operation of a Wendy's Restaurant, located near the southwest corner of MacArthur Boulevard and Beltline Road, at the request of Prizm Architects, and authorizing the Mayor to sign. Ge Consideration and approval of an ordinance approving S-1072, changing the zoning from LI (Light Industrial) to LI.S.U.P. (Light Industrial, Special Use Permit) for Blooming Colors Landscape Nursery, located along the south side of Beltline, 1650 feet east of MacArthur Boulevard, at the request of Barry Johnson, and authorizing the Mayor to sign. Consideration and approval of Waters Edge, Phase 2, Final Plat, located along the north side of Sandy Lake Road, between MacArthur Boulevard and Meadowglen Circle, at the request of Kadleck & Associates. Consideration and approval of Valley Ranch Baptist Church Addition, final Plat, located along the south side of Beltline, approximately 825 feet east of MacArthur Boulevard, at the request of Jim Riley, Brockette-Davis-Drake. Je Consideration and approval of Valley Ranch Self Storage Addition, Final Plat, located along the south side of Beltline, 1,320 feet east of MacArthur Boulevard, at the request of Robert Gross. CM020894 Page 6 of 8 Consideration and approsal of Blooming Colors Landscape Nurser3, Final Plat, located along the south side of Beltline, 1,650 feet east of MacArthur Boulevard, at the request of Barry A. Johnson. Consideration and approval of Riverchase Plaza, Final Plat, located near the northeast corner of Beltline Road and *IacArthur Boulevard, at the request of Riverchase Plaza, Ltd. Me Consideration of a variance from Section 10-$-2(C) of the City of Coppell Sign Ordinance regulating spacing and setbacks for detached (monumen0 signs, specifically related to the 75-foot minimum side yard measurement (The variance requested is from 75-foot to 25-foot). This variance is being requested by Boston Chicken Restaurant for their property located at the southeast corner of MacArthur Boulevard and Beltline Road, at the request of Winklemann & Associates, Inc. Consideration of a variance from Section 10-5-2(C) of the City of Coppell Sign Ordinance regulating spacing and setbacks for detached (monument) signs. (The variance requested is from 75-foot to 25-foot). This variance is being requested by Blooming Colors Nursery and Landscaping, Inc., for their property located at 1701 E. Beltline Road and a report by the Director of Planning and Community Services. Consideration of waiving permit fees for the erection of a tent at Rediform to be used at the M.J. Designs Groundbreaking Ceremony. Items 20 C and H were pulled for later consideration. Item 20 A through O, except for C and H -- Councilmember Mayo moved to approve Items 20 A, B carrying Resolution No. 020894.3, D carrying Ordinance No. 94638, E carrying Ordinance No. 91500-A-43, F carrying Ordinance No. 91500-A-44, G carrying Ordinance No. 91500-A-45, I, J, K, L, M granting a 25-foot variance, N granting a 25-foot variance and O. Councilmember Weaver seconded the motion; the motion carded 7-0 with Mayor Pro Tern l<obertson and Councilmembers Weaver, Stably, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. Item 20 C -- Councilmember Stahly moved to consider and amend the contract with Rady and Associates for the design of Sandy Lake Road from MacArthur Blvd. to Denton Tap Road in the amount of $10,000.00 and authorizing the Mayor to sign, and for Staff to contact Ginn to attempt to recoup part of this expense. Mayor Pro Tem Robertson seconded the motion; the motion carried 6-1 with Mayor Pro Tem Robertson and Councilmembers Stably, Watson, Reitman, Mayo, and Garrison voting in favor of the motion and Councilmember Weaver voting against the motion. Item 20 H -- After discussion, Mayor Pro Tern Robertson moved to approve Waters Edge, Phase 2, Final Plat, located along the north side of Sandy Lake Road, between MacArthur Boulevard and Meadowglen Circle with the following conditions: 1) the alley requirement is waived, 2) street center line radii may be less than the required minimum and 3) the portion of lot 1 and 2, and all building lines, lot lines and easements created by the map of Lakeside Village as recorded in Volume 85816, Page 1670, located within Waters Edge, Phase 2, will be abandoned by the execution of this plat. Councilmember Reitman seconded the motion; the motion carded 5-2 with Mayor Pro Tem Robertson and Councilmembers Stahly, Reitman, Mayo, and Garrison CM020894 Page 7 of 8 voting in favor of the motion and Councilmembers Wea,.er and XA'atson ,,oting against the motion. There being no further business to come before the City Council. the meeting was adjourned. A'ITEST: Tom Morton, Mayor Dorothy Timmons, City Secretary CM020894 Page 8 of 8