CC approval of ORD-11/14/89 4'-24-89
AGENDA REQUEST FORM
I JI LL
ITEM CAPTION:
To consider an ordinance for Case #ZC-510, to change the zoning
designation from (A) Agricultural, to (HC) Highway Commercial, to allow for
the development of Highway Commercial, on a parcel of land located on the
south side of Cotton Road (east), and approximately 250 feet from the
centerline of Freeport Parkway, and authorizing the Mayor to sign.
[ ~Di~ec~or's-S~gma~ure) '
~UATION OF I .: ~:
Taryon Paster Bowman
Date of Planning and Zoning Commission Meeting: February 18, 1988
Decision of Planning and Zoning Commission: Approved (5-2)
Date of City Council Meeting: April 26, 1988
Decision of City Council: Approved
Please see attached site plan and City Council minutes for further details.
BUDGET AMT.:
COMMENTS:
AMT. ESTIMATED:
LEGAL P, EVIE~ BY:
AGF. J~'I)A RF.O FORM
0588DS
City Coundl Minutes
April Z6, 1988
Page 6
further stated that bulldozers have not gone within six (6) feet of the
west school property line, but there were not many trees left in this
six (6) foot strip. Mayor Duggan requested that when the landscaping
for the school is done, as many of the "farmed" trees as possible be
moved to the west side of the school property and for the school to be
sensitive to the request of Dr. Gross whose property adjoins the west
property of the school site. Following further discussion, Councilman
Wolfe moved to approve the variance from Standards of Specifications
requiring liming of High School parking lot located at 185 W. Parkway
Boulevard with the condition that Maxim Engineers provide a letter that
the sandy soils will support the pavement surface and that lime
treatment of the soil is not necessary. This letter will provide the
Engineer's Seal as required by Mr. Steve Morton, Chief Development
Inspector. Councilman Cowman seconded the motion; motion carried 4-2
with Councilmen Wilkerson, Smothermon, Cowman and Wolfe voting in favor
of the motion and Councilmen Pettijohn and Morton voting against the
motion.
.PUBLIC HEARING
Item 17: Public hearing to consider amending the comprehensive zoning
ordinance to include new (HC) Highway Commercial district
classification.
Date of Planning and Zoning Meeting - April 21, 1988
Decision of Planning and Zoning Commission - Approved (4-0)
with noted
changes,
modifications and
enhancements
Planning and Zoning Coordinator Taryon Bowman made the presentation to
the Council. Mayor Duggan opened the public hearing and asked for those
persons who wished to speak against the proposed zoning. Mr. Robert
Prather, representing Hattie Mae Lesley stated that he was not really in
opposition or in favor of the proposed change but to wanted to register
observation and notice has not been given to land owners. Mayor Duggan
stated that proper notification was given through newspaper advertising
and does not impact Mrs. Lesley's property because they have not
requested a zoning change at this time. Mayor Duggan then asked for
those persons who wished to speak in favor of the proposed change.
There were none. The public hearing was then declared closed.
No action was required on this item at this time.
Item 17A: Consider approval of an ordinance to the City to provide
zoning regulations for the proposed (HC) Highway Commercial
District, which regulates high-intensity areas along major
thoroughfares and authorizing the Mayor to sign.
Planning and Zoning Coordinator Taryon Bowman was present to discuss
this item with the Council. Following discussion Councilman Smothermon
moved to approve Ordinance 297-A-43 providing zoning regulations for the
proposed (HC) Highway Commercial District, which regulates
high-intensity areas along major thoroughfares and authorized the Mayor
to sign. Councilman Morton seconded; motion carried 6-0 with Councilmen
Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in
favor of the motion.
i~tem 18:~ Public hearing to consider approval of a zoning change from
(A) Agricultural to (LI) Light Industrial Case ~ZC-510 located
on the south side of Cotton Road (east) and approximately 250
feet from the eenterline of Freeport Parkway at the request of
Mr. C. E. Stewart.
City Council Minutes
April Z6, 1988
Page ?
Date of Planning and Zoning Meeting - February 18, 1988
Decision of Planning and Zoning Commission - Approved (5-2)
Tabled from City Council meeting - March 8, 1988
Planning and Zoning Coordinator Taryon Bowman made the presentation to
the Council. Also present was the applicant Mr. C. E. Stewart.
Mayor Duggan opened the public hearing and asked for those persons who
wished to speak against the proposed zoning change. There were none.
He then asked for those persons who wished to speak for the proposed
zoning change. Again, there were none. The public hearing was then
declared closed. This item had been tabled from the City Council
meeting of April 12, 1988 and the public hearing left open at that
time. Following further discussion Councilman Morton moved to approve
the zoning change from (A) Agricultural to (HC) Highway Commercial Case
#ZC-510 on property located on the south side of Cotton Road (east) and
approximately 250 feet from the centerline of Freeport Parkway at the
request of Mr. C.E. Stewart. Councilman Smothermon seconded the motion;
motion carried 6-0 with Councilmen Wilkerson, Pettijohn, Morton,
Smothermon, Cowman and Wolfe voting in favor of the motion.
Item 19: Public hearing to consider approval of a zoning change Case
#ZC-512 from (A) Agricultural, (R) Retail, (MF) Multi-Family
and (O) Office, to (LI) Light Industrial located north of
Denton Creek and west of Denton Tap Road at the request of
Magnolia Properties.
Date of Planning and Zoning Meeting - March 17, 1988
Decision of Planning and Zoning Commission - Approved (5-0)
with conditions
Tabled from City Council meeting - April 12, 1988
Planning and Zoning Coordinator Taryon Bowman made the presentation to
the Council. James C. Niver, President of Magnolia Properties and
Jonathan Smullian, Architect also addressed the Council on this item.
Mayor Duggan then declared the public hearing open and asked for those
persons who wished to speak against the proposed zoning change. There
were none. He then asked for those persons who wished to speak in favor
of the proposed zoning change. Again, there were none. The public
hearing was then declared closed. This item had been tabled from the
City Council meeting of April 12, 1988 and the public hearing left open
at that time. Following further discussion Councilman Smothermon moved
to approve zoning change Case #ZC-512 from (A) Agricultural, (R) Retail,
(MF) Multi-Family and (O) Office, to (LI) Light Industrial on property
located north of Denton Creek and west of Denton Tap Road at the request
of Magnolia Properties with the provision that approximately 300 foot of
frontage, as indicated on preliminary plat, on Denton Tap and HW121
by-pass be (HC) Highway Commercial (which is attached for zoning
purposes only). Councilman Morton seconded the motion; motion carried
6-0 with Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and
Wolfe voting in favor of the motion.
PLATTING
Item 20:
Consider approval of a preliminary plat for the Century Park
Addition located west of Denton Tap Road and north of Denton
Creek.
Date of Planning and Zoning Meeting - March 17, 1988
Decision of Planning and Zoning Commission - Approved (5-0)
Following discussion of this item Councilman Pettijohn moved to approve
the preliminary plat for the Century Park Addition located west of
Denton Tap Road and north of Denton Creek. Councilman Morton seconded
the motion; motion carried 6-0 with Councilmen Wilkersou, PettiJohn,
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
OROINANC - NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, TEXAS, AS
HERETOFORE AMENDED, TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED
PROPERTY TO THE NEW ZONING CLASSIFICATION HEREIN STATED; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES
FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF ONE THOUSAND
DOLLARS ($1,000.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Zoning Commission and the Governing Body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas with reference to
the granting of zoning changes under the zoning ordinance and zoning map, 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, the said Governing
Body is of the opinion that said change of zoning, which is on application of Robert
Stewart, No. ZC-510, should be granted and the Comprehensive Zoning Ordinance of
the City of Coppell should be amended in the exercise of its legislative discretion.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance of the City of Coppell,
Texas, be and the same is hereby amended by amending the Zoning Map of the City
of Coppell, to give the hereinafter described property a new zoning district classification,
to-wit:
"HC" Highway Commercial District Classification.
Said property being described as folloWs:
BEING a tract of land in the City of Coppell, Texas, and
described in Exhibit "1" attached hereto.
Said property also shown on th site plan attached hereto as
Exhibit "2".
SECTION 2. That all ordinances of the City in conflict with the provisions of
this ordinance be, and the same are hereby, repealed and all other ordinances of the
City not in conflict with the provisions of this ordinance shall remain in full force and
effect.
SECTION 3. That the above described property shall be used only in the manner
and for the purposes provided for il, the Comprehensive Zoning Ordinance of the City,
as amended herein by the granting of this zoning classification.
SECTION 4. That should any paragraph, sentence, 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 invalid, illegal or unconstitutiona!
and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole.
SECTION 5. 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, as heretofore amended, and upon conviction
shall be punished by fine not to exceed the sum of One Thousand Dollars ($1,000.00)
for each offense, and that each day such violation shall continue to exist shall constitute
a separate offense.
SECTION 6. It is necessary to give the property described herein the above
mentioned zoning classification in order to permit its proper development and in order
to protect the public interest, comfort and general welfare of the City. Therefore,
this ordinance shall take effect immediately from and after its passage and publication
of its caption, as the law in such cases provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this the [~-] ~/~
day of /t/]~(.]~/'~_.~P.. , 1989.
CZ89-0703 ZC-510
APPROVED:
ATTEST:
CI~ ~9'ECRETARY
1.1.;GAl. I)E,%CRI P'rloN
'31 'rllA'r1';D
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~racl (,t ]and de:~crilmd in a
ltl7a, P;l~le 613 of the I)al. la:; Cou'nly Deed Rocor(t:; illtd I)ci. ng al()l'e
i~dt'l icularly de~;crihed
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15.571 Act,, trdCt de:;{ ri i)~,d h~21OJll;
I'HENCI; ',;l~l°'bi'~nff'i,~, 1727.78 i-~:ol I~) a ll,~il:t iii the N,)rthea:;! line.
,~f 1.. !;. .l{>hnfi,m (1. H. 6;5) I,'ree~'dy;
'rllENCE In a Northwc.~:l,.,rly dir~:~_ti,m, al~mg lhe N,,rthea:;l line ~,f
said I . I1. 635,
N37~51}' 1,d'[4, 7~,4.46 levi ;
N48°27' ~9"I4, '~54.1 feel I,~ ;t ;~,,inl in the il,ruth Ii. ne of Cotton
lb)ad;
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lc'et to the point ,~i' !,c. ginnin}: and containtng 15.573 Acres of l. and.
EXHI~X~ "1"
Z
EXHIBIT ~2~
EXECUTIVE SESSION (closed to the public)
ES-31 A. Article 6252-17, Senate Concurrent Resolution Number 83;
discussion with City Attorney concerning matters
involving privileged communication between Attorney and
Client:
1) The City's liability as concerns traffic control
devices.
Prior to discussion on this item, Council convened in Executive Session
as allowed under Article 6252-17, Senate Concurrent Resolution No. 83;
at 8:28 p.m. and adjourned back into open session at 8:58 p.m.
REGULAR SESSION (open to the public)
City Engineer Russell Doyle made a presentation to the Council on this
item concerning the three (3) intersections chat have been requested for
traffic control devices. No action was required on this item.
Item 29: a.
Reconsideration to have staff perform traffic control
studies at Plantation/Southern Belle and Bethel
School/Moore Road intersections.
b. Discussion, consideration of directing staff to perform
traffic studies at Plantation/Southern Belle and Bethel
School/Moore Road.
Councilman Morton moved that the City reconsider Item 29-a. Mayor Pro
Tem Wilkerson seconded the motion; motion carried 7-0 with Mayor Pro Tem
Wilkerson and Councilmen Thomas, Morton, Smothermon, Cowman, Robertson
and Nelson voting in favor of the motion.
Following the information that was presented under Item 29-a, it was
determined the City may need to get new traffic counts and updated data
since the information provided is from the previous year. Following
discussion on this item, Councilman Smothermon moved that the City
increase patrols at both intersections as listed in the caption, that
radar control be used at Southern Bell and Plantation Drive with
discretionary radar control being used at Bethel School and Moore Roads,
a~d that a new traffic count be obtained for Southern Belle and
Plantation. Councilman Morton seconded the motion; motion carried 7-0
with Mayor Pro Tem Wilkerson and Councilmen Thomas, Morton, Smothermon,
Cowman, Robertson and Nelson voting in favor of the motion. Additional
discussion was held concerning a proposed solution to the fence problem
at Bethel School and Moore Road. City Manager Alan D. Ratliff stated
that staff has been working on this item and will bring forward a
proposed solution.
CONSENT AGENDA
Item 30A
Item 30B
Discussion, consideration of approval of an ordinance for Case
#'s S-1025 and S-1029, to change tho zoning designation from
(LI) L~ght Industrial, to (LI-SUP) Light Industrial, Special
Use Permit, on a parcel of land located at 1203 Crestside
Drive, at the request of Mr. Gordon Dunaway, and authorizing
the Mayor to sign.
Discussion, consideration of approval of an ordinance for Case
#S-1033, to change the zoning designation from (SF-12) Single
Family-12, to (SF-12-SUP) Single Family-12 Special Use Permit,
on a parcel of land located approximately 450 feet south of
the southeast corner of Hearts Road amd Sandy Lake Road, at
the request of Christ our Savior Lutheran Church, and
authorizing the Mayor to sign.
Page 9 of 11
Item 30C
Item 30D
Item 30E
Discussion, consideration of approval or an ordinance for Case
#S-1034, to change the zoning designation from (C) Commercial,
to (C-SUP) Commercial, Special Use Permit, on a parcel of land
located at 125 Kimbel Kourt, at the request of Mr. Morris
Salerno, and authorizing the Mayor to sign.
Discussion, consideration of approval of an ordinance for Case
#ZC-510, to change the zoning designation from (A)
Agricultural, to (HC) Highway Commercial, to allow for the
development of Highway Commercial, on a parcel of land located
on the south side of Cotton Road (east), and approximately 250
feet from the center line of Freeport Parkway, and
authorizing the Mayor to sign.
Discussion, consideration of approval of an ordinance for case
#S-1026 to change the zoning designation from (SF-9) Single
Family-9, to (SF-9-SUP) Single Family-9-Special Use Permit, to
allow the operation of a church, on property located
approximately 600 feet north of the northeast corner of Sandy
Lake Road and Samuel Boulevard, and authorizing the Mayor to
sign.
Item 30F Discussion, consideration of approval of an ordinance for Case
#S-1044 to change the zoning designation from (SF-12) Single
Family-12, to (SF-12-SUP) Single Family-12-Special Use Permit,
on a parcel of land located at 572 Rocky Branch Road and
authorizing the Mayor to sign.
Item 30C
Review, consideration and final acceptance of 34" crosstown
water line and other miscellaneous waterline improvements and
approval of final pay application, in the amount of
$70,652.70.
Item 30H
Review, consideration and final acceptance of the Bethel Road
drainage improvements and approval of final pay application,
in the amount of ~22,911.95.
Item 30I
Consideration for awarding of bid; for purchase of office
supplies, for the period from November 1, 1989 to September
30, 1990.
Item 30J
Discussion, consideration of moving $1,000.00 from the
Contingency Fund in Mayor and Council Budget to Special
Projects to be used by the Coppell Historical Committee.
Item 30K
Discussion, consideration of approval of an ordinance amending
Ordinance #314 to allow one-way traffic on Rolling Hills from
December 1, 1989 through December 27, 1989 and authorizing the
Mayor to sign.
Item 30I, Discussion, consideration of approval of the Dallas County
Health Services Agreement for F.Y. '89-'90, by formal
resolution, in the amount of $1,763.00.
Cffouncilman Morton moved that the Consent Agenda be approved as submitted
and the Mayor be authorized to sign all approved ordinances and
resolutions. Councilman Smothermon seconded the motion; motion carried
7-0 with Mayor Pro Tem Wilkerson and Councilmen Thomas, Morton,
Smothermon, Cowman, Robertson and Nelson voting in favor of the motion.
Ordinance numb~r~ assigned are as follows:
Iten No.
Ordinance/Resolution No.
30A
30B
30C
Ordinance No. 297-A-66
Ordinance No. 297-A-67
Ordinance No. 297-A-68
Page 10 of 11
30D
30E
30F
30K
30L
Ordinance No. 297-A-69
Ordinance No. 297-A-70
Ordinance No. 297-A-71
Ordinance No. 89-457
Resolution 111489.6
EXECUTIVE SESSION (closed to the public)
ES-31 A.
Article 6252-17, Senate Concurrent Resolution Number 83;
discussion with City Attorney concerning matters
involving privileged communication between Attorney and
client:
2)
3)
D/FW Airport expansion
Discussion concerning Southwestern Railroad
obligation in the amount of 592,768.06.
Article 6252-17, Section 2(e); discussion with City
Attorney and review of pending litigation matters by City
Attorney:
1) General Homes; second lawsuit.
Article 6252-17, Section 2(g); discussion concerning
personnel.
l)
Discussion of personnel matters relating to City
Boards & Commissions.
Council convened in Executive Session at 9:44 p.m. as allowed under
Article 6252-17, Senate Concurrent Resolution Number 83; and adjourned
at 10:48 p.m.
REGULAR SESSION (open to the public)
There was no action required in connection with Executive Session item
ES-31A through C, as set forth above.
There being no further business to come before the Council, the meeting
was adjourned.
Mark Wolfe, Mayor
ATTEST:
Dorothy Timmons, City Secretary
MINUTES 111489
MNTS3
Page 11 of 11