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CC approval of ORD-4/26/88SUBMISSION DEADLINE: 5:00 p.m. Monday - 8 Days Preceding City Council Neeting Rey.: Effective !/20/88 ~ II. ITEM CAPTION : To consider approval of an ordinance for Case ~ZC-fi08 located app~oxinlatel¥ 400 feet west of the southwest corner of MacArthur Boulevard and Beltli-e Road. for a zonin~ chan~e from (R) Retail to (C) Commercial. III. ACTION REC0~MENDED : Date of Pl~nnint, & Zonino Meeting: December 17, 1987 l~ci.~ion of Planni~E & Zoni~ Commission-' Approved (4-3) City Council-' Approved (7-0) on February 23, 1988 IV. REP. IN ATTENDANCE A: STAFF - Ta,~ron Bowman. P & ~. Coordi-~tor B: OTHER - V. NOTIFICATION TO : Tim House Crow-Billi~lgsley METHOD OF CONTACT : Letter DATE : VI. FINANCIAL REVIEW : !. BUDGETED ITEM : N/A YES NO 2. BUDGET AMOUNT : 3. ESTIMATED .~iOUNT FOR THIS ITEM : 4. AMOUNT OVER OR UN~ER BUDGET : 5. LOW BIDDER RECO~EN~ED : YES NO SOURCE OF FUNDING CO'S OR BONDS FUNDS : (Series or year authorized) : OPERATING BI. GET (Account Number) : OTHER : APPROVED BY CITY MANAGER : /f~ ITEM NL~BER __~__ AGENDA REOUEST FORM SUPPORT DOC[,1ENTA,~O,. FOR AGEN~DA ITEM SUPPORT DOCI~IENTATION SUBMITTED ~MOUNT PER/SET NO. OF PAGES DATE SUBMITTED MEMORANDL~!S ....................... : ; / LETTERS ........................... : / REPORTS ........................... : BILLS ............................. : BID ............................... : CONTRACT/AGREEMENT ................ : MINUTES ........................... : l ORDINANCE.. .................... ; / RESOLUTION ........................ : PROCLAMATION ...................... : MAPS .............................. : ZONING PLANS ...................... : PR~JIMINARY PLATS ................. : FINAL PLATS ....................... : SITE PLANS ........................ : LANDSCAPE PLANS ................... : ARCHITECTURAL RENDERINGS .......... : OTHER ............................. REVIEWED BY (If applicable) SIGNATURE DATE REVIEWED CITY ATTORNEY ..................... : FINANCE DIRECTOR .................. : OTHER ............................. : DATE SUBMITTED SUBMITTED BY SIGNATURE DEPARTMENT ........................ : DEPARTMENT DIRECTOR ............... : APPROVED BY SIGNATURE DATE APPROVED CITY MANAGER ...................... : DENIED BY SIGNATURE CITY MANAGER ...................... : Additional documentation required · ~ Need for further discussion Submitted after deadline ~ ~ At the request of DEPUTY CITY MANAGER'S COMMENTS/RECOMMENDATION FOR AGENDA ITEM I. ITEM #11 CITY COUNCIL AGENDA DATED: April 26, 1988 II. COMMENTS/RECOMMENDATION This is a housekeeping item and staff recommends your approval. Pro Tem Eichtner (Stanton), Councilmen Cogburn (Wilkerson), Stanfield (Pettijohn), Jones (Morton), Allen (Smothermon), Layman (Cowman), and Niederkorn ~Wolfe) voting in favor of the motion. It is anticipated that these surveys will be returned and tabulated by April 30, 1988. item I!: Consider approval of a variance from Section 10-5-3 B 1 of the Sign Ordinance concerning maximum sign area for the Skaggs Alpha 3eta grocery store. Chief Huilding Inspector Dale Jackson made the presentation to the Council. The applicant's first request is for approval of a 365 square foot sign, or as an alternate a 267 square foot sign. Following discussion on this item Councilwomen Jones (Morton) moved that the variance be approved with a total square footage allowed of 267 square feet and with the specs being used as shown on the plat. Councilwomen Allen ~$mothermon) seconded; motion carried 6-1 with Mayor Pro Tem Fichtner (Stanton)and Councilmen Stanfield (Pettijobn), Jones (Morton), Allen (Smothermon), Layman (Cowman), and Niederkorn ~Wolfe) voting in favor of the motion and Councilman Cogburn (Wilkerson) voting against the motion. Mayor Duggan then declared a short recess and excused those students from Austin Elementary fifth grade class from participation in the Council. He thanked them for their dedication and concern. ¥ollowing the recess the meeting reconvened. PUBLIC HEARING Item !2: Consider approval of a zoning change, Case #ZC-508, located approximately 400 feet west of the southwest corner of MacArtbur Boulevard and Beltline Road, from (R) Retail to (LI) Light Industrial. Date of P!annint and Zoning Meeting - December 17, 1987 Decision of Planning and Zoning Commission - Approved (4-3) With revision of the zoning on Tract 2, and the portion of Tract I within 200 feet of the Beltline easement south, to (C) Commercial, and the remaining Tract I be (LI) Light Industrial. Planning and Zoning Coordinator Tarvon Bowman made the presentation to the Council. Mr. Tim House, representing the applicant, also spoke to the Council. Mayor Duggan 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 declared closed. Following further discussion by the Council Councilman Smothermon moved that the zoning change be approved from .~3 Retail to (C) CommercialO Councilman Morton seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. OTHER BUSINESS Item 13: Study and clarification of role and responsibility of Boards and Commissions. Mayor Duggan reviewed this item with the Council and stated that he was not requesting action at this time but rather a Study Committee be appointed to speak with each of the Boards and work with them in determining their roles and responsibilities. Following discussion Councilman Smothermon moved that the City Council approve an Ad Hoc Committee composed of Councilman Smothermon, Wolfe, Cowman and PettiJohn with two of the four members meeting with each of the various Boards and AN ORDINANCE OF THE CITY OF COPPELL. TEXAS 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 ($2,000.00) FOR EACH OFFI=NSE; 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 Crow/Billingsley, Application No. ZC-508, 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 CO?PELL, 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: nC" Commercial District Classification. Said property being described as follows: BEING Tracts 1, 2 and 3 deseribed in Exhibit "1" attached hereto and made a part hereof for all purposes and also shown on the Site Plan attached hereto as Exhibit "A" and made a part hereof for all purposes. 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 to be invalid, illegal or unconstitutional ~nd 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 Two Thousand Dollars ($2,000.00) 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 prorerty 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 ~(o~--~ day of O'-~-~ , 1988. APPROVED: ( ATTEST: APPROVED AS TO FORM: ./7 CITY .~O.. RN EY CZ88-0408 ~87024 April 4, 1988 PROPERTY DESCRIPTION TRACT I BEING a tract of land in the John C. Cook Survey, Abstract No. 315, situated in the City of Coppell, Dallas County, Texas, and being more particularly described as follows: BEGINNING at the most Northerly Northwest corner of that certain tract of land conveyed to Triland/Northsted Joint Venture by deed recorded in Volume 82118, Page 0213 of the Deed Records of Dallas County, Texas, said point being on the South right-of-way line of Belt Line Road (variable width); THENCE South 0'01'27" West, g7.43 feet; THENCE South O' 1 O' West, 102.57 feet; THENCE North 86'49' 15" West, 540.57 feet to a point on the Southeast line of a Dallas Power & Light Company Right-of-Way as recorded in Volume 4594, Page 300 of the Deed Records of Dallas County, Texas. THENCE North 29'53'56" East along the Southeast line of the Dallas Power & Light Company Right-of-Way, 232.95 feet to a point on the South right-of-way line of Belt Line Road; THENCE South 85'41'35" East along the South right-of-way line of Belt Line Road, 425.15 feet to the PLACE OF BEGINNING, and containing 2.2647 acres of land, more or less. EXHIBIT TRACT 2 BEING a tract of land in the John C. Cook Survey, Abstract No. 315, situated in the City.of Coppell, Dallas County, Texas, and being more particularly described as follows: COMMENCING at the most Northerly Northwest corner of that certain tract of land conveyed to Triland/Northsted Joint Venture by deed recorded in Volume 82118, Page 0213 of the Deed Recoords of Dallas County, Texas, said point being on the South right-of-way line of Belt Line Road (variable width); THENCE North 85'41'35" West along the South right-of-way line of Belt Line Road, 569.29 feet to the PLACE OF BEGINNING of this tract, said point being on the Northwest line of a Dallas Power & Light Company Right-of-Way as recorded in Volume 4594, Page 300 of the Deed Records of Dallas County, Texas; THENCE South 29'53'56" West along the Northwest line of the Dallas Power & Light Company Right-of-Way, 44.32 feet to an angle point; THENCE South 89' 13'56" West along the North line of the Dallas Power & Light Company Right-of-Way, 1379.74 feet to a point on the Northeasterly bank of Grapevine Creek and the corporate limit llne of Coppell, Texas; THENCE North 45'50'25" West along the Northeasterly bank of Grapevine Creek and the corporate limit line of Coppell, Texas, 643.79 feet to a point on the South right-of-way line of Belt Line Road; THENCE South 70'57'19" East along the South right-of-way line of Belt Line Road, 490.83 feet to the beginning of a curve to the left; THENCE Southeasterly, continuing along the South right-of-way line of Belt Line Road, along said curve to the left having a central angle of 14'44'16", a radius of 3819.72 feet and a tangent of 4c. 3.99 feet, an arc distance of 982.52 feet; THENCE South 85'41'35" East, continuing along the South right-of-way line of Belt Line Road, 441.30 feet to the PLACE OF B.~$1NNING, and containing 5.6710 acres of land, more or less. TRACT 3' BEING a tract of land in the John C. Cook Survey, Abstract No. 315, situated in the City of Coppell, Dallas County, Texas, and being more particularly described as follows: COMMENCING at the most Northerly Northwest corner of that certain.tract of land conveyed to Triland/Northsted Joint Venture by deed recorded in Volume 82118, Page 0213 of the Deed Records of Dallas County, Texas, said point being on the South right-of-way line of Belt Line Road (variable width); THENCE South 0'01'27" West, 97.43 [eet; THENCE South O' 10' West, 102.5'/ feet to the PLACE OF BEGINNING of this tract; THENCE South 0'10' West, 562.55 feet to a point on the Northerly bank of Grapevine Creek and the corporate limit line of Coppell, Texas; THENCE along the corporate limit line of Coppell, Texas and the Northerly bank of Grapevine Creek the following calculated courses and distances: North 85'43'15" West, 184.69 feet; South 35'32'09" West, 203.12 feet; South 14'24'27" West, 108.93 feet; South ?9'05'29" West, 219.99 feet; South 47' 18'39" West, 12'/.57 feet; North 46'23'53" West, 359.56 feet; North 65'04'36" West, 264.72 feet; North 38'57'56" West, 78.40 feet; North 47'53'12" West, 805.92 feet to a point on the South line of a Dallas Power & Light Company Right-of-Way as recorded in Volume 4594, Page 300 of the Deed Records of Dallas County, Texas. THENCE North 89'13'56" East along the South line of the Dallas Power & Light Company Right-of-Way, 1248.73 feet; THENCE South 85'49'15" East 540.57 feet to the PLACE OF BEGINNING, and containing 24.0988 acres of land, more or less. · , ! I ? 4// ./' '/I/1" ,,, ~; '~ ~ ..... ,.. , fi"/.,/ I ~/// .. ~,~.: ,....~mS ,,,., ..'.1 ..'~$I,~'~.,'~c I '~ . ~ , " .... II j ~ ~ ~ ~'......~ ' [~- ,, -, -~ I ..................................... City Council Minutes April Z6, 1988 Page 4 Section 10-5-2 A 5 of the sign ordinance which concerns the maximum size of a monument sign at the Speedy K Convenience Store. Councilman Palmer seconded the motion; motion carried 6-0 with Council members Dodge [Wilkerson), Shaver (Pettijohn), Cantu (Morton), Ngo and Raney (Smothermon), Palmer (Cowman) and Barnes (Wolfe) voting in favor of the motiom. Item 9: Consider approval of an Ordinance for Case #S-1002 located at 150 Denton Tap Road, Suite 116 for the operation of a restaurant and authorizing the Mayor to sign. Date of Planning and Zoning Meeting - November 20, 1986 Decision of Planning and Zoning Commission - Approved (6-0) Date of City Council Meeting - December 16, 1987 Decision of City Council - Approved (7-0) City Manager John Griffin (Ratliff) informed the Council that this is a housekeeping item and is recommended for approval. Following further discussion, Councilman Barnes (Wolfe) moved to approve Ordinance 297-A-40, Case ~S-1002 on property located at 150 Denton Tap Road, Suite 116 for the operation of a restaurant and authorized the Mayor to sign. Councilwoman Cantu (Morton) seconded the motion; motion carried 6-0 with Council members Dodge (Wilkerson), Shaver (Pettijohn), Cantu (Morton), ~go and Raney (Smothermon), Palmer (Cowman) and Barnes (Wolfe) voting in favor of the motion. Mayor Duggan presented a City of Coppel! flag to Mr. Bruce MacDonald, Principal of Lee Elementary School and certificates to the students present representing the Mayor, City Council members and City Manager. The students were thanked for their participation in the "Students in Government Program" which ended at this time. Item 10: Consider approval of an Ordinance for Case ~S-1030 located at 150 Denton Tap Road, Suite IO1A for the operation of a restaurant and authorizing the Mayor to sign. Date of Planning and Zoning Meeting - December 17, 1987 Decision of Planning and Zoning Commission - Approved (7-0) Date of City Council Meeting - January 12, 1988 Decision of City Council - Approved (7-0) Following discussion on this item Councilman Morton moved to approve Ordinance 297-A-41, Case ~$-1030 on property located at 150 Denton Tap Road, Suite 10lA for the operation of a restaurant and authorized the Mayor to sign. Councilman Wolfe seconded the motion; motion carried 6-0 with Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 11: Consider approval of an Ordinance for Case #ZC-508 located approximately 400 feet west of the southwest corner of MacArthur Boulevard and Beltline Road for a zoning change from (R) Retail to (C) Commercial. Date of Planning and Zoning Meeting - December 17, 1987 Decision of Planning and Zoning Co~ission - Approved (4-3) Date of City Council Meeting - February 23, 1988 Decision of City Council - Approved (7-0) Following discussion on this item Councilman Morton moved to approve Ordinance 297-A-42, Case #ZC-508 on property located approximately 400 feet west of the southwest corner of MacArthur Boulevard and Beltline Road for a zoning change from (R) Retail to (C) Commercial and authorized the Mayor to sign. Councilman Smothermon seconded the motion; motion carried 6-0 with Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion.