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PD114-CS 901127Council thanked Mr. Vaccaro for his dedication to the City and voiced regret at his resignation. Mayor Pro Tem Smothermon moved to approve the resignation of Angelo Vaccaro from the Economic & Business Development Board. Councilman Morton seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 14 Consider appointment of a member to the Economic and Business Development Board. Councilman Morton moved to approve Klm Brooks as a member to the Economic and Business Development Board. Mayor Pro Tem Smothermon seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson .and Nelson voting in favor of the motion. Item 15 Consideration and approval of a zoning change request, Case #PD-114, from (R) Retail and (MF-1) Multi-Family-i, to a (PD) Planned Development for single-family detached structures, on 48.08 acres of land, located south of Sandy Lake Road and west of the T.U. electric easement. Mayor Pro Smothermon withdrew from Council at this time because of a conflict of interest. An affidavit is on file with the City Secretary. Planning and Community Services Director Gary Sieb made the presentation to Council. He stated that the request for a zoning change was approved by the Planning and Zoning Commission on November 8, 1990, subject to the following 14 variances: 139 single-family lots maximum 35' maximum height 35% maximum coverage 20' minimum rear yard No lot smaller than 50 x 105 No lot size less than 5250 square feet Minimum dwelling unit size of 1600 square feet air conditioned space 5' minimum side yards, 15 ' on corner lots Landscaping of linear park (utility R.O.W.) 6' minimum masonry screening fence around lift station and T.R.A. property Minimum finished floor elevation on all structures Escrowed funds to build street west to MacArthur Boulevard No alleys on lots 17-46 (adjacent to T.U. electric easement) 20'-25' front yard setback Following Mr. Sieb's presentation, Nathan Maier, a Consulting Engineer from Thompson Interests, came forward to make a presentation to Council. Council was informed that coverage would be 60%, as opposed to 35%. Much concern was voiced over the flood potential of this particular property and the difference in elevation of the apartment homes. It was pointed out that the only access road, Sandy Lake Road, is often flooded during heavy rains. Councilman Weaver moved to deny without prejudice a zoning change request, Case #PD-114, from (R) Retail and (MF-1) Multi-Family-i, to a (PD) Planned Development for single-family detached structures, on 48.08 acres of land, located south of Sandy Lake Road and west of the T.U. electric easement until issues involving coverage, an access road during flooding, a screening wall and the linear park issue could be resolved with Staff. Councilman Thomas seconded the motion. The motion to deny failed 4-2 with Councilmen Weaver and Thomas voting in favor of the motion and Councilmen Morton, Cowman, Robertson and Nelson voting against the motion. Mayor Wolfe asked if there were any citizens wishing to speak against this issue. There were none. He asked if there were any citizens who wished to speak for the issue. Bill Thompson of Dallas addressed Council. Following further discussion, Councilman Morton moved to approve the zoning change request, Case #PD-114, from (R) Retail and (MF-1) Multi-Family-I, to a (PD) Planned Development for single family detached structures, on 48.08 acres of land, located south of Sandy Lake Road and west of the T.U. Electric Easement with the 14 variances listed above, with changes in the variances as follows: 35% maximum coverage changed to 60% maximum coverage and escrowed funds to build a street west to MacArthur Boulevard with no building permits to be issued until construction is underway on said street. Councilman Cowman seconded the motion. Councilman Nelson requested that the motion be amended to read 50% coverage, rather than 60% coverage. Councilman Morton amended his motion to 50% coverage rather than the 60% coverage. Councilman Cowman amended his second. Planning and Community Services Director Gary Sieb suggested that two other points be included: 25~ setback for a home having less than 1,800 square feet and a 20~ setback for a home having greater than 1,800 square feet. Mayor Wolfe pointed out that these had been part of the Planning and Zoning motion which were not included on the summary sheet. Councilman Morton amended his motion to include all of the changes, the final motion being: Councilman Morton moved to approve the zoning change request, Case $PD-114, from (R) Retail and (MF-1) Multi-Family-i, to a (PD) Planned Development for single family detached structures, on 48.08 acres of land, located south of Sandy Lake Road and west of the T.U. Electric Easement with the 14 variances listed above, with changes in the variances as follows: 35% maximum coverage changed to 50% maximum coverage, escrowed funds to build a street west to MacArthur Boulevard with no building permits to be issued until construction is'underway on said street, and a 25~ setback for a home having less than 1,800 square feet and a 20~ setback for a home having greater than 1,800 square feet. Councilman Cowman seconded the amended motion. The motion carried 4-2 with Councilmen Morton, Cowman, Robertson and Nelson voting in favor of the motion and Councilmen Weaver and Thomas voting against the motion. Mayor Pro Tem Smothermon rejoined Council at this point. Item 16 Discussion and consideration of designating a Council member to serve on an evaluation panel for data processing consultant volunteers. Councilman Weaver stated his desire to work on this panel. Councilman Morton moved to approve Councilman Weaver to serve on an evaluation panel for data processing consultant volunteers. Councilman Robertson seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor ofthe motion.~ Item 17 Mayorts Report The following items were reported under the Mayorts Report: Cguncilman Morton moved to approve Kim Brooks as a member to th~ Economic and Business Development Board. ~ayor Pro Tem Smothermon seconded the motion. The motion carried 7-0 with Mayor Pro Te~ Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 15" Consideration and approval of a zoning change request, Case $PD-114, from (R) Retail and (MF-1) Multi-Family-l, to a (PD) Planned Development for single-family detached structures, on 48.08 acres of land, located south of Sandy Lake Road and west of the T.U. electric easement. Mayor Pro Smothermon withdrew from Council at .this time 'because of a conflict of interest. An affidavit is on file with the City Secretary. Planning and Community Services Director Gary Sieb made the presentation to Council. He stated that the request for a zoning change was approved by the Planning and Zoning Commission on November 8, 1990, subject to the following 14 variances: t39 single-family lots maximum 35' maximum height 35% maximum coverage 20' minimum rear yard No lot smaller than 50 x 105 No lot size less than 5250 square feet Minimum dwelling unit size of 1600 square feet air conditioned space 5' minimum side yards, 15 ' on corner lots Landscaping of linear park (utility R.O.W.) 6' minimum masonry screening fence around lift station and T.R.A. property Minimum finished floor elevation on all structures l~Escrowed funds to build street west to MacArthur Boulevard No attey~ on lots I7-46 (adjacent to T.U. electric easement) 20'~25'..fro~t'yard setback 'f & ,r~ .~1 ~ Following Mr. Sieb's presentation,' Nathan Maier, a Consulting Engineer from Thompson Interests, came forward to make a presentation to Council. Council was informed that coverage would be 60%, as opposed to 35%. Much concern was voiced over the flood potential of this particular property and the difference in elevation of the apartment homes. It was pointed out that the only access road, Sandy Lake Road, is often flooded during heavy rains. Councilman Weaver moved to deny without prejudice a zoning change request, Case ~PD-114, from (R) Retail and (MF-1) Multi-Family-I, to a (PD) Planned Development for single-family detached structures, on 48.08 acres of land, located south of Sandy Lake Road and west of the T.U. electric easement until issues involving coverage, an access road during flooding, a screening wall and the linear park issue could be resolved with Staff. Councilman Thomas seconded the motion. The motion to deny failed 4-2 with Councilmen Weaver and Thomas voting in favor of the motion and Councilmen Morton, Cowman, Robertson and Nelson voting against the motion. Mayor Wolfe a~ked if there were any citizen~ wishing to ~puak against this issue. There were none. He asked if there were any citizens who wished to speak for the issue. Bill -Thompson of Dallas addressed Council. Following further discussion, Councilman Morton moved to approve the zoning change request, Case JPD-114, from (R) Retail and (MF-1) Multi-Family-l, to a (PD) Planned Development for single family detached structures, on 48.08 acres of land, located south of Sandy Lake Road and west of the T.U. Electric Easement with the 14 variances listed above, with changes in the variances as follows: 35% maximum coverage changed to 60% maximum coverage and escrowed funds to build a street west to MacArthur Boulevard with 'no building permits to be issued until construction is underway on said street. Councilman Cowman seconded the motion. Councilman Nelson requested that the motion be amended to read 50% coverage, rather than 60% coverage. Councilman Morton amended his motion to 50% coverage rather than the 60% coverage. Councilman Cowman amended his second. Planning and Community Services Director Gary Sieb suggested that two other points be included: 25' setback for a home having less than 1,800 square feet and a 20' setback for a home having greater than 1,800 square feet. Mayor Wolfe pointed out that these had been part of the Planning and Zoning motion which were not included on the summary sheet.~ Councilman Morton amended his motion to include all of the changes, the final motion being: Councilman Morton moved to approve the zoning change request, Case #PD-114, from (R) Retail and (MF-!) Multi-Family-l, to a (PD) Planned Development for single family detached structures, on 48.08 acres of land, located south of Sandy Lake Road and west of the T.U. Electric Easement with the 14 variances listed above, with changes in the variances as follows: 35% maximum coverage changed to 50% maximum coverage, escrowed funds to build a street west to MacArthur Boulevard with no building permits to be issued until construction is'underway on said street, and a 25' setback for a home having less than 1,800 square feet and a 20' setback for a home having greater than 1,800 square feet. Councilman Cowman seconded the amended motion. The motion carried 4-2 with Councilmen Morton, Cowman, Robertson and Nelson voting in favor of the motion and Councilmen Weaver and Thoma~ voting against the motion. Mayor Pro Tem Smothermon rejoined Council at this point. Item 16 Discussion and consideration of designating a Council member to serve on an evaluation panel for data processing consultant volunteers. Councilman Weaver stated his desire to work on this panel. Councilman Morton moved to approve Councilman Weaver to serve on an evaluation panel for data processing consultant volunteers. Councilman Robertson seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Lane. Discussion followed by the Student Council Members. Following discussion, students were dismissed and regular council discussed this item. Councilman Weaver announced that the council has requested a comprehensive study of the entire area in regards to traffic. Councilman Morton requested that the three issues of the stop sign at Mockingbird and Oriole, the stop sign at Mockingbird and Cherrybark, and the stop sign at Mockingbird and Sparrow be divided and vote on each independently. Mayor Pro Tem Smothermon moved to retain the stop sign at Mockingbird and Oriole. Councilman Robertson seconded the motion. The motion carried 4-3, with Mayor Pro Tem Smothermon and Councilmen Morton, Robertson and Nelson voting in favor of the motion and Councilmen Weaver, Thomas and Cowman voting against the motion. Mayor Pro Tem Smothermon moved to retain the stop sign at Mockingbird and Cherrybark. Councilman Robertson seconded the motion. The motion carried 7-0, with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Mayor Pro Tem Smothermon moved to retain the stop sign at Mockingbird and Sparrow. Councilman Robertson seconded the motion. The motion carried 4-3, with Mayor Pro Tem Smothermon and Councilmen Morton, Robertson and Nelson voting in favor of the motion and Councilmen Weaver, Thomas, and Cowman voting against the motion. Item 20 Consideration of a request for staff to check stop-leak measures at the Longbranch Country Club as a result of a citizen's appearance by John Higgins at the February 25, 1992 Council Meeting. Council Member Nelson moved to deny relief on the bill for the leak that occurred between the meter and the establishment. Motion died for lack of a second. Mayor Pro Tem Smothermon moved that we charge the fee of $1.41 per 1000 gallons for the water that leaked behind the meter and that this be a one time only concession due to the unique situation of having a mile long water line. Councilman Cowman seconded the motion. A credit will be given to future bills. The motion carried 5-2, with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman and Robertson voting in favor of the motion and Councilmen Thomas and Nelson voted against the motion. Item 21 A. Reconsideration of action taken regarding denial of zoning case #PD-114, generally located south of Sandy Lake Road, and west of the T.U. Electric easement, and commonly referred to as a portion of the "Riverchase" development. To consider approval of an ordinance for case $PD- 114, to change the zoning designation from (MF-1) Multi-Family-1 and (R) Retail, to (PD-SF) Planned Development Single-Family on a parcel of land located south of Sandy Lake Road, and West of the T.U. Electric easement, and authorizing the Mayor to sign. Mayor Pro Tem Smothermon excused himself due to conflict of interest. The appropriate form has been filed with the City Secretary. Council Member Robertson moved to reconsider the motion of Item21A. Councilman Nelson seconded the motion. The motion was tied 3-3, with Councilmen Morton, Robertson and Nelson in favor of the motion, and Councilmen Weaver, Thomas and Cowman denying the motion. The motion carried 4-3, with Mayor Wolfe breaking the tie by voting in favor of the motion. Council Member Robertson moved to approve Item 21-B to consider the approval of an ordinance for case #PD-114 carrying the ordinance CM031092 Page 6 of 12 number 91500-A-16. Councilman Morton seconded the motion. The motion was tied 3-3 with Councilmen Morton, Robertson and Nelson voting in favor of the motion, and Councilmen Weaver, Thomas and Cowman denying the motion. The motion carried 4-3, with Mayor Wolfe breaking the tie by voting in favor of the motion. Mayor Pro Tem Smothermon rejoined the Council at this time. Item 22 Authorization to enter into a contract with F&S Partnership to design the Coppell Public Library with compensation for basic services not to exceed 8% of the construction cost of the facility or $181,600.00, whichever is less, and authorizing the Mayor to sign. Council Member Morton moved to approve authorization to enter into a contract with F&S Partnership to design the Coppell Public Library with the compensation for basic services not to exceed 8% of the construction cost of the facility or $181,600.00, whichever is less. Councilman Robertson seconded the motion. The motion carried 7-0, with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 23 PUBLIC HEARING: Consideration and approval of a zoning change, Case #ZC-535 (Waterside Estates, Phase III), from (TH-i) Town House-l, to (SF-7) Single-Family-7, to allow construction of single-family homes, located at the northwest corner of Parkway Boulevard and MacArthur Boulevard, at the request of Standard Pacific. Director of Planning, Gary Sieb made the presentation to the Council and recommended approval. Mayor Wolfe declared the Public Hearing open and asked if there were any persons who wished to speak in favor of this proposal. There were none. He then asked for those person who wished to speak against the proposal. Again, there were none. Mayor Wolfe declared the Public Hearing closed. Mayor Pro Tem Smothermon moved to approve the zoning change of Case $ZC-535 (Waterside Estates, Phase III), from (TH-l) Town House-l, to (SF-7) Single-Family-7, to allow construction of single-family homes, located at the northwest corner of Parkway Boulevard and MacArthur Boulevard, at the request of Standard Pacific. Councilman Morton seconded the motion. The motion carried 7-0, with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 24 Consideration and approval of a preliminary plat for Waterside Estates, Phase III, located at the northwest corner of MacArthur Boulevard and Parkway Boulevard, at the request of Standard Pacific. Council Member Cowman moved to approve the preliminary plat for Waterside Estates, Phase III, located at the northwest corner of MacArthur Boulevard and Parkway Boulevard, at the request of the Coppell Independent School District with the following conditions: 1) that the applicant close the existing median cut on MacArthur Boulevard, and 2) that the developer include the wrought-iron fence along the lake, and 3) to waive the alley requirement along canals. Councilman Morton seconded the motion. The motion carried 7-0, with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. EXECUTIVE SESSION (Closed to Public) Item 5-ES A. Article 6252-17, Section 2 (f), discussion concerning the negotiating position of the City with respect to agreements involving interests in land and the value of real property. · 1. Grapevine Trunk Sewer Line Be Article 6252-17, Section 2 (e), Senate Concurrent Resolution Number 83, discussion withCityAttorney concerning matter involving privileged communications between attorney and client. CM031092 Page 7 of 12