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White Glove-AG 940125AGENDA REQUEST FORM CITY COUNCIL MEEFI~G ~l~mmry To consider an ordinance for Case #S-1074 to change the 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. SUBMi'i'r~;D BY: Director of lnnnnlng & Comm. Services OTHER REF.~ DATE: EVALUATION OF ITEM: Date of CC Meeting: December 14, 1993 Decision of CC: Approval (4-3) BUDGET AMT. A///~ AMT. +/- BUDGET COMMENTS: Please see the attached site plan and minutes for further details. AMT. ESTIMATED. FINANCIAL REVIEW BY~ AGENDA REQUEST FORM REVISED 2/9~ v/, REVIEWED BY CM~ 7//./ ? AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE 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, 500 FEET SOUTH OF BRAEWOOD DRIVE, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" A~'FACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN AS SHOWN IN EXHIBIT "BT ATFACHED HERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($'~,000.00) FOR EACH OFFENSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commi~ion and the governing body of the City of Coppelk 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. 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 the Comprehensive Zoning OrdinallC¢ 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 "C" Commercial to "C" Commercial 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, 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 building, shall not exceed fifty-five (55) decibels. 2. The driveway shall contain a divider separating in?essing 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 'B". 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, as heretofore amended, and as amended herein. 2 SECTION 5. REPEAl .lNG CLAUSE That all provisions of ordinances of the City of Coppell, Texas, ia conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not ia conflict with the provisions of this ordinance shall remain ia full force and effect. SECTION 6. SEVERABILITY CLAUSE That should any sentence, paragraph, subdivision, clause, pLu-a~e 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 aa 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 thla ordinance shall be subject to the same penalty as provided for in the Comprehensive Zonin~ Ordinance of the City of Coppell, aa heretofore amended, and upon conviction shall be pnni~hed by a fine not to exceed the s~m 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 this ordinance is governed by the prior law and the provisions of the Comprehensive Zoning Ordinance, as ~r~ended, in effect when the offense was committed and the former law is continued ia 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 CoppeR, Texas, this the day of ,1994. APPROVED: TOM MORTON, MAYOR ATTEST: crrY SECRETARY APPROVED AS TO FORM: ~~R ~. ~ATrORNEY BEING a tract of land situated in the Edward A. Crow Survey, Abstract No. 301 in 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 Demon Tap Road (a 100 foot fight-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' 3T00" and a radius of 5679.70 feet; Thence along said curve 259.39 feet; Thence N. 00' 06'00" E., 623.40 feet to the POINT OF BEGINNING, a ~" iron rod set for comer; TI-IENCE N. 00' 02'58" E., 240.00 feet conlJOning 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 fight-of-my 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 'A" ? / / / SITE PI.AN ~XH (BIT "Bt' 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 F_c. onomic & Business Development Board; Ronaid "Kirk' Wensel, ~resenting the Board of Adjustment; Larry Whccler representing the Planning and Zoning Commission, Councilmembor Flo Stably, Councilmember Peyton Weaver and Kathleen Roach, representing City Staff. The winning awards were announced as follows: Best Street - First Place, Park Place Subdivision; Second Place, Oriole Sm:et; Third Place, Dove Circle. Best House - First Place, 410 Circle, William H. Smith, 1II; Second Place, 713 Dove Circle, Bruce Dietz; Third PI~OS, Rolling Hills, John M. Robinson. Most Original House - 607 St. Andrews, Donna Park. Moat Original Sm~et - Bayou Court (#'s 201,205 and 209), Edward Kennedy, Daniel Halovanic Charles Hallam. Most Traditional House- 726 Clayton, Stuart Spradley. Most Tmditio~l Street - Highland M___,~aows Subdivision. Most Humorous House -124 & 128 M~dowgka, Mike C. Watson and Wil and Melissa Littlefield (joint award). Most Humorous Sff~t - Villawoud Circle. Best Spiritual Honse - 336 Meadowond, Don I~lusau. lkst Spirit~l $tnm- Lane, Danny Vrla. Houomble Mentious wexc given to City Hall, Lind~ Gm, Coordhmlm~, 120 Sandpoint, Steve W~__ttea_~; 206 Fieldcrest Loop, r =try Wuistinger; S16 Cozby, lm& Hamilton; Cardinal Strut; Havenozat Street; 126 Pecan Hollow, Randy llw~o; $$2 Shedowo'est, Robert Probert; 220 St_~robom, r_e~_. Waddell; and 217 ~ Ro~d, Scott Sanders. Mayor Morton thani~l City Staff and Linda Grau for o~,~mi~i~ Ih~ holily ~ for thc City. No ~ action was necessary on this item. 11. Presemmion of award to the City of Coppell by Jemny Nelmm of tim Purklmmd Blood Donor C.~mer for the most'pints of blood donated by a commmmity in 1991/92 besed on blood drives coordinated by Ken ~ of the City of Coppeil and Brenda Jones of Riverside Church of Christ. Jenny Nelson made a presentation of the award to the City. No further action was required on this item. 12. l~J,I~7.Ji~,l~: To consider approval of S-1070(R), Special Use Permit for a drive-through restaurant located near the southwest corner of MacArthur Boulevard and Boltline 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 Heating. Mayor Pro Tern 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, Stahly, Watson, Mayo, and Garrison voting in favor of the motion. 13. I~C.~HEA~[~: 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, ~0 feet south of Braewood Drive, at the request of Mr. Lenny Paulsen. CM121493 Page 3 og 10 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, C. asey 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, addr--~ed the Council in favor of the proposal. The Mayor then asked for those persons wishing to speak in favor of ~ proposal. Louis Ferguson, 424 Carter, Joe Orman, Lewisville and Lanny Jackson, 431 ~ School Road spoke in favor of this proposal. Mayor Morton then closed the Public Heating. C.S.U.P. (The White Glove Expr"-,a,s Car Wash), located along the east stne er uemon ta~, Road, 500 feet south of Braewood Drive with the fo~owing flcree (3) conditions: 1) vacuum operation be fully enclosed .and a decibel levd be taken prior to com..men~_..e~_t of ~ to be on file with the Pianmng Department and that the decind r~mqg not on gxmu= uam o., pp neeess~y ~ ...... .._a:., egressing Waffle and that the. Applicant will agree to n~. necessary al .n~anom ~..u~__~u~u~,~_ cut deemed by Engineeliag; and 3) additional landscaping be added at t~e renr m oun=~ m= sound from the adjacent neighborhood subject to fi~e site plan. Coundlmembor Garrison Councilrnemben Watson, and Garrison voting in favor of the motion and Councilmemben 14. ~IIEA~G: Consideration and approval of ZC-~0 (Warrum Crossing Addition) from MF-2 (Multi-Family) to SF-9 (Single Family), iocatml at the northwest corner of Beverly Drive and Warren Crossing, at the requmt of Winidemann & Associates. Gary Sieb, Director of Planning and Community Services, made a presenmioo to the Council. Mayor Morton opened the Public Heating and asked for those persons wishing to speak against this proposal. There were none. He then asked for those persons wishing to spealt in favor of this proposal. Again, there were none. Mayor Morton then closed the Public Hearing. Mayor Pro Tern Robenson moved to approve ZC-550 (Warren Crossing Addition) from MF-2 0dulfi- family) to SF-9 (Single family), located at the northwest corner of Beverly Drive and Wanen Crossing. Councilmember Garrison seconded the motion; the motion carried 6-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stably, Watson, Mayo, and Gnnison voting in favor of the motion. 15. 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 Winldemann & Associates. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Councilmember Mayo moved u~ approve a (Secondary) Final Plat for Warren Crossing located at the northwest comer of Beverly Drive and Warren Crossing and accept the following items offered by the Developer: l) the drainage easement should be a minimum of $0 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 Tem Robertson seconded the motion; the motion carried 5-1 with Mayor Pro Tern Robettson and Councilmembers Weaver, Stably, Mayo, and Garrison voting in favor of the motion and Councilmember Watson voting against the motion. C~021493 Pale 4 of 10