Loading...
CC approval of ORD 8/14/90 CONSENT AGENDA [ August 14, 1990 ITEM CAPTION: To consider an ~dinance fo~ Case ~ZC-SIZ, to change the zonin~ designation from (A), (R), (MF), (O) and (LI) Agricultural, Retail, Multi-Family, Office and Light Industrial, to (LI) and (HC) Light Industrial and Highway C~mmercial, on a parcel of land located n~rth of Denton Creek and west of Denton Tap Ro~d auth~z~m~yff~y~r to sign. SUBMITTED BY: ~ STAFF ~ Taryon Bowman, P&~ Coordinator ~- OTHER ~~. ~Attorney EVALUATION OF ITEM: DATE: Date of Plsnninoo & Zoning Meeting: March 17, 1988 Decision of PL~nnin~o Commission: Approved (5-0) with conditions. Date of City Council Meeting: April Z6, '1988 Decision of City Council: Approved with conditions. Please see attached site plan and City Council minutes, for further det~il-~. ~T +/- BUDGET FIN~C~ ~EW BY COMMENTS: LEGAL REVIEW BY: REVIEWED BY CM: ~- ~~ AGENDA BEQUEST FOBJ~ S/~0 ORDINANCE NO. 297-A-81 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. WI{EREAS, 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 Magnolia Properties, No. ZC-512, 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: "LI" Light Industrial District Classification on the property described in Exhibit 1, attached hereto, except that the approximate 300 foot of frontage on Denton Tap Road and the Proposed State Highway 121, as indicated on the Preliminary Plat which is attached hereto as Exhibits 2 and 3, shall be zoned "HC" Highway Commercial District Classification. Said property being 199.328 acres of land more or less northwest of the intersection of Denton Tap Road and Denton Creek, City of Coppell, Dallas County, Texas. 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 in 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 t'o be invalid, illegal or unconstitutional 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 ~(~~" , 1990. APPROVED: APPROVED AS TO FORM: ~ CITY ATT. O/RNEY CZ90-0809 ZC-512 PROPERTY DESCRIPTION BEING a tract of lam:l .~tuated partly l~ Oalb~ ~ ar.:l pa~y t~ Deoto~ Dallas County, Te.xa~, ~ ~ Sum~y, Abstract No. 1082, Denton C, ou~y. T~tas. and William T. Hyder ,~, Abstract No. 1701, De~ton County. Texas. also being ~tuated i~ tlM~ Cdy o~ ~ Texas, and the ~ o~ LewL~lle. Texas, and being rno~e particularly d~cHbed u follows: BEGINNING at an bo~ rod found for c~er in the West line of Denton Tap Road (40' fro~ ce~tefflne) az~d being tl~ southetst comer o! a 0.6139 ac~e tract of land ~ to Untex Land, Inc.~ by deed as filed in Volume 1612. Page 364. Deed Recoil.% De. on ~, Texas; THENCE ak~g ~ ~ West ~ o~ I::)~ TaP Road i~ a ,Sol~e~fy direction the following: SOUTH a distance o~ 2055.00 feet to a ~ for comer;, WEST a distance of 10.00 fee< to a point fo~ comer. SOUTH 0.5© 43' 00' West a distance of 100.50 feet to a point lot corneq SOU ft--I a distance of 3g0. D0 feet to an iron rod h, urid for curt:er, said petal being located in the centerlJne of L~z-nlon Creek: THENCE along the centerline of Oenlon Creek the following: Norlh 86© 3g' 00' West a distance of 119..50 feet to a puinf for corn,~r tqodh 55~: 40' 00' West a d~stancu of 193.50 feet to a po*n! I(~r co¢¢~(!r; Nodh 42° 55' 59' West a distance of 359.50 feet to a po~rq for co~ner; NOdh 37(' 06' 00" West a d~stance of 298.68 feel ~o a point for cornnr; NOdh 02© 25' 45" Wes! a cJ~$1ance ()1 160.34 feet to a point for c(r:lrff. Nodh 87© 04' 09" Wes1 a distance of 102.11 feel to a point fox comer; Soutl~ 58© 45' 23' Wes~ a distance of 35.31 feet fo a point for corner; South 4.5° 58' 18' We.,~ a distance of 234.76 feet to a poinl for corner South 81© 48' 42" W~:t a distance of 231.49 feet to a point lot corner North 83© 33' 22' We-~ a distarm_.e of 396.65 feet to ~ point for corner; North 62° 46' 45" We'~t a distar~e of 126.33 feet to a point for corner;, THENCE North O0~ 0O' ~ West, deparling the said centerline of Denton Creek, a d istanoe et 3916.50 le~t Io · ~ Ior comer. THENCE South 89° 52' 00'.~_.a~ a d~tance of 196.48 feel Io a point Ior comer. THENCE South 01° 21° 02"'ll~/e~t a d~stance of 144.53 feet to a point for comer. THENCE S~uth 89° 46' 21'~__,ast a dLstance of 993.09 leet to a point for comer;, THENCE South 00° 01' 2O"~lVest a d~stance of 27.06 teat to a point for corner;, THENCE North 89° 52' 30' East a distance of 990.41 feet to the POINT OF BEGINNING and CONTAINING 199.328 acres o{ land, more or less. EXHIBIT I EXHIBIT 2 , PRELIMINARY PLAT , -- ~ CENTURY PARK //// / / Hou~to~ Texa~ EXHIBIT 3 ....... / "~ ? ........... Y /I: ,, ~// // I ~ ~ so DENTON( EXIST RowTAPvARIEsROAD) - ~ ~ ~t /__~s~° ~ [ c~ ~ Lichli[er/~ & Ass~iates.~ ~lnc'~'~ r? ~-. possibility of meeting these deadlines would be enhanced. However, this type of a program does take considerable staff time in order to monitor all of the federal requirements. Item 17 Liaison Reports A. ARCHITECTURAL REVIEW COMMITTEE - There was no report at this time. B. CHAMBER OF COMMERCE - There was no report at this time. C. COPPELL HISTORIC DISTRICT - Councilman Nelson stated that the Historic Committee had met the previous evening and were contacting land owners in the area concerning their input for the historic district area. Bills in the amount of $295 from this committee will be coming forward for Council consideration in the near future. D. DALLAS CENTRAL APPRAISAL DISTRICT - There was no report at this time. E. FINANCE COMMITTEE - Mayor Pro Tem Smothermon again reminded Council of the upcoming budget meeting on August 24 and 25. He also indicated if Council was interested in submitting budget items, those need to be submitted at the earliest possible time. F. LIBRARY BOARD - Councilman Weaver indicated that the Library Board had met the previous evening with information being presented on a library site acquisition. Additionally, the Denton County Library Association meeting had been attended. Due to no citizens living in Denton County, funding from this area was denied. G. METROCREST RED RIBBON COMMITTEE - There was no report at this time. H. MUD ABSORPTION COMMITTEE - There was no report at this time. I. NCTCOG - Councilman Weaver attended the COG meeting on behalf of Liaison Tom Morton. The program, on Solid Waste Management, was very informative. Newspaper recycling was also discussed at this meeting. J. PARK BOARD - There was no report at this time. K. RECYCLING COMMITTEE - Councilman Weaver stated that the Recycling Committee is meeting on a weekly basis. Information from these meetings will be forwarded to the City Manager to be included in the weekly FYI packets to keep Council informed. L. SCHOOL BOARD - Councilman Robertson indicated that the School Board liaisons had met and representatives from both sides were present to work with studying the City's interest and need for a YMCA facility. The city representatives are as follows: Millie Larsen Keith Roberson Linda Carter Melinda Surbaugh Staff was requested to prepare a Consent Agenda item for consideration at the next Council meeting. Other groups reported on were the Office on Aging, the Metrocrest Youth and the Planning and Zoning Study Committee. Consent Agenda 18 A. To consider an ordinance for Case #S-1042, to change the zoning designation from (R) Retail and (C) Commercial, Page 6 of 9 to (C-SUP) Commercial Special Use Permit, on a parcel of land, for the operation of a restaurant located at 135 S. Denton Tap Road, and authorizing the Mayor to sign. B. To consider an ordinance for Case #PD-109, to change the zoning designation from (LI) Light Industrial, to (PD- SF-9) Planned Development Single-Family-9, on a parcel of land located near the southeast corner of Thweatt Road and State Road, and authorizing the Mayor to sign. C. To consider an ordinance for Case #ZC-512, to change the zoning designation form (A), (R), (MF), (O) and (LI) Agricultural, Retail, Multi-Family, Office and Light Industrial, to (LI) and (HC) Light industrial and Highway Commercial, on a parcel of land located north of Denton Creek and west of Denton Tap Road, and authorizing the Mayor to sign. D. To consider an ordinance for Case #PD-112, to change the zoning designation from (TH-2) Townhouse-2, to (PD-SF- 0)Planned Development Single-Family-O, on a parcel of land located at the southwest corner of Parkway Boulevard and MacArthur Boulevard, and authorizing the Mayor to sign. E. To consider an ordinance for Case #S-1037.1, 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 1000 feet north of the northeast corner of MacArthur Boulevard and Riverchase Drive, to allow the operation of a private club, and authorizing the Mayor to sign. F. To consider an ordinance for Case #S-1041, to change the zoning designation from (LI) Light Industrial to (LI- SUP) Light Industrial Special Use Permit, on a parcel of land located at the northwest corner of Coppell Road and Thweatt Road, for the operation of an electric substation, and authorizing the Mayor to sign. G. Consideration of waiving the $50.00 filing fee for the Code Advisory and Appeals Board to hear an appeal by the Coppell Independent School District. H. Consideration of a request for waiver of Section 9-7-1 A of the City's Code of Ordinances, by the Coppell Independent School District, regarding the placement of temporary metal buildings at the Coppell Middle School for the 1990-1991 school year. I. Consideration for awarding a bid for purchase of PC equipment and software to various firms for a total of $14,007.46. J. Notification of Final Payment in the amount of $110,747.40 to Preload Construction Company, Inc. and acceptance of the Village Parkway 4.0 MG Reservoir, including Change Orders No. 1 and No. 2 and Field Change No. 1. K. Consideration and approval to grant a credit to Minyards for water and sewer payments billed by and made to the City for consumption through meter #9130, in the amount of $15,421.57. council requested that Items 18 B, 18 G and 18 I be withdrawn for individual consideration. Mayor Pro Tem Smothermon then moved that Items 18 A, 18 C, 18 D, 18 E, 18 F, 18 H, 18 J, & 18 K be approved. Councilman Morton seconded the motion; the motion carried 5-0 with Mayor Pro Tem Smothermon, Councilmen, Weaver, Morton, Robertson and Nelson voting in favor of the motion. The following 'Ordinance Page 7 of 9 numbers are assigned to ordinances listed under the consent agenda. Item 18 A, Ordinance No. 297-A-79, Item 18 C, Ordinance No. 297- A-81, Item 18 D, Ordinance No. 297-A-82, Item 18 E, Ordinance No. 297-A-83, Item 18 F, Ordinance No. 297-A-84. Councilman Morton then requested information on the Hike & Bike Plan not being included in the platting of Item 18 B. City Staff indicated that the Streetscape requirements of this platting were met; however, the Hike & Bike path had not been enforced in previous plats and was therefore not considered with this plat. Staff additionally indicated that the Park Board would be looking at the Hike & Bike trails throughout the entire city when the new Park Director comes on board. Following further discussion, Councilman Nelson moved that this ordinance 297-A-80 be approved. Mayor Pro Tem Smothermon seconded the motion; the motion carried 4-1 with Mayor Pro Tem Smothermon and Councilmen Morton, Robertson and Nelson voting in favor of the motion and Councilman Weaver voting against the motion. Councilman Morton then stated that he had withdrawn Item 18 G in error and moved for its approval. Mayor Pro Tem Smothermon seconded the motion; the motion carried 5-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Robertson and Nelson voting in favor of the motion. Councilman Weaver requested information concerning the various sizes of PC'S for purchase by the City. Deputy City Manager/Finance Director Frank Trando indicated the Police Department was in need of a larger PC for use with some of their special programing. Following discussion on this item, Councilman Weaver moved that Item 18 I be approved with awarding the bid to Micro Age Computer Store of Dallas, Entre Computer Center of Dallas, The Soft Source of Dallas, Computercraft of Dallas and Soft Warehouse of Dallas in a total amount of $14,007.46. Councilman Morton seconded the motion; the motion carried 5-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Robertson and Nelson voting in favor of the motion. EXECUTIVE SESSION (Closed to the Public) ES-1 A. Article 6252-17, Section 2 (e) and Senate Concurrent Resolution Number 83, discussion with City Attorney concerning matter involving privileged communications between attorney and client. 1. Coppell/Grapevine boundary dispute 2. Johnny Thompson annexation question 3. Kaye Street Drainage 4. Mr. Bar-B-Q 5. Lomas & Nettleton Agreement 6. Huel Weaver Lawsuit 7. Parks of Coppell Joint Venture contract B. Article 6252-17, Section 2 (f), discussion with respect to the purchase, exchange, lease of real property and City liability 1. Status report on Library Site Acquisition 2. MacArthur Boulevard Right of Way C. Article 6252-17, Section 2 (g) discussion concerning personnel 1. Board of Adjustments Council convened in Executive Session at 8:51 p.m. on Tuesday, August 14, 1990 as allowed under the above stated articles. Mayor Wolfe adjourned the Executive Session at 9:35 p.m. Page 8 of 9