CC approval of ORD 3/10/92 CONSENT AGENDA
AGENDA REQUEST FORM /
ITEM CAPTION:
To consider an ordinance for Case #ZC-fiZZ, to change the zoning designation from (C) CommerciaI,
to (SF-lZ) Single-Family-lg, on a parcel of land located at the southeast corner of Bethel School
Road and Harris Street, and nc~th and adjacent to Grapevine Creek, and authorizing the Mayor
to sign.
SUBM[~FED BY: d~.~.~. _.g. ~J/. ~ STAFF REP.: Planning Director, Gary L. Sieb
' ~" OTHER ~P.' ~w~nce Jac~on, City Atto~ey
EVALUATION OF ITF. M: DATE: __ ___
Date of P & Z Meeting: July Z0, 1989
Decision of P & Z Commission: Approved (7-0)
Date of City Council Meeting: August 8, 1989
Decision of City Council: Approved with conditions
Please see attached site plan and Council minutes for further details.
APPROVEO
BY
CiTY COUNCIL
DATE ~/c, -'/.:,z
BUDGET AMT. N/A AMT.
AMT +/- BUDGET FINANCIAL REVIEW BY
COMMENTS:
LEGAL REVIEW BY: REVIEWED BY CM:
· ¢..E~,D.~, Rg'~L'~..ST FC~M 9..z:W~S~· : ~;
motion carried 7~6 with Hayor Pro Tem Wilkerson, Councilmen Thomas,
Norton, Smothermon~ Co~nnan~ Robertson and Nelson voting in favor of the
motion. The variance request for crushed rock rather than concrete was
approved 4-3 with Councilmen Norton, Smothermon, Robertson and Nelson
voting in favor of the motion and Hayor Pro Tem Wilkerson, Councilmen
Thomas and Cowman voting against the motion. On variance No. 3, the
variance was denied 2-5 with Councilmen Horton and Smothermon voting in
favor of the motion and ~ayor Pro Tem Wilkerson, Councilmen Thomas,
Co-man, Robertson and Nelson voting against the motion. Following
further discussion, Councilman Nelson moved that approval be given to
delay the installation of the sidewalk until phase two construction
begins or notification by the City to Christ Our Savior Lutheran Church
that it has been determined by the City that the sidewalk needs to be
constructed, in which case the Church would be required to install the
sidewalk in the Church~s next fiscal year. Councilman Robertson
seconded the motion; motion carried 5-2 with Nayor Pro Tem Wilkerson,
Councilmen Smothermon~ Cowman, Robertson and Nelson voting in favor of
the motion and Councilmen Thomas and Horton voting against the motion.
~tem 10~ PUBLIC HEARING to consider a zoning change, Case ~ZC-522
from (C) Commercial to (SF-12) Single FAmily 12 on a
parcel of land located at the Southeast corner of Bethel
School Road and Harris Street and North and adjacent of
Grapevine Creek on a total of 13.95 acres at the request
of William Thompson.
Date of P&Z Heeting: 7-20-89
P&Z Decision: Approved (7-0)
Planning and Zoning Coordinator Taryon Bom~an made the presentation to
the Council stating that improvements to Bethel School Road will be
addressed during preliminary platting. Nathan Naier representing the
applicant was also present to discuss this item with the Council. Hr.
Haler indicated that no Flood Plain reclamation is being anticipated on
this project. He further indicated that any building in this area would
be out of the 100 year flood plain. The creekbank would be left in its
natural state. The Planning and Zoning Commission has recommended
approval of this zoning change. Hayor Wolfe declared the public hearing
open and asked for those persons wishing to speak for the proposed
zoning change. Those persons speaking were Hr. Payton Weaver. Hayor
~olfe then asked for those persons wishing to speak against the proposed
zoning change. There were none. The public hearing was declared
closed. Following discussion by the Council, Councilman Robertson moved
that this Zoning Change be approved subject to a compatible plat being
approved prior to ratification of the final ordinance. Councilman
Norton seconded the motion; motion carried 7-0 with Hayor Pro Tem
~ilkerson, Councilmen Thomas~ Norton, Smothermon~ Covman~ Robertson and
Nelson voting in favor of the motion.
Item 11: Consideration of a preliminary plat for the Country Estates
Addition located at the Southeast corner of Bethel School Road
PAGE 5 OF 10
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ~ ~ 5Q 0r A - ~
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 TWO THOUSAND DOLLARS ($2,000.00) 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,
and pursuant to the zoning ordinance and zoning map 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, the said Governing Body
is of the opinion that said change of zoning, which is on
application of Thompson Properties, No. ZC-SZZ, 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
AGG02279
amending the Zoning Map of the city of Coppell, to give the
property hereinafter described, a new zoning district
classification, to wit:
"SF-12" Single Family Residential District Classification.
Sa~d property being described as follows:
BEING a parcel of land containing 13.9523 acres, more or less,
and desctibed by netes and bounds in Exhibit "A" attached
hereto and made a part hereof and shown on the zoning exhibit
attached hereto as Exhibit "B" and made a part hereof.
SECTION 2. That all parts of any ordinance of the City of
Coppell, Texas, in conflict with the provisions of this ordinance
be, and the same are hereby, repealed and all other ordinances or
parts of 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 of Coppell, 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 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 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 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 iQ ~ day of ~0~.~ , 1992.
APPROVED:
ATTEST:
~ETARY
APPROVED AS TO F~RM:
COZ92-0222 ZC~2
FIELD NOTES
BEING a part of a tract of land in [he Edward A. Crow Survey, Abstract No. 301, Dallas County, Texas;
and being a part of the 14.57 acre tract as described in deed to W.G. Thompson (Trustee), recorded in
Volume 72203, Page 1342, of the Deed Records of Dallas County, Texas (DRDC'I'), and said 13.952
acres of land, being more particularly described as follows:
BEGINNING at a ¥2" iron rod set at the intersection of Bethel School Road (55 foot R.O.W.) southeast line
and Bethel School Road (47.5 foot R.O.W.) east line;
THENCE, North 61' 25' 00" East, with said southeast line of said Bethel School Road, a distance of
608.18 feet to a 'h-inch iron rod found for corneq
THENCE, South 01 ' 02' 00" East, depadJng said southeast line, passing at 5.78 feet a th-inch iron rod,
passing at 481.10 feet a 1-3/4 inch iron pipe, passing at 759.73 feet s l¥~-inch iron pipe, passing at
944.88 feet a 1" pipe, in all a distance of 1143.39 feet to a point in the center of Grapevine Creek;
THENCE, up the center of Grapevine Creek, as I'ollows:
South 62' 02' 10" West, 164.81 feet;
South 60' 42' 21" West, 147.91 feet;
South 79' 02' 48" West, 129.82 feet;
South 60' 04' 57" West, 153.18 feet;
THENCE, North 01' 02' 00" West, along a barbed wire fence and with the east line of said Bethel
School Road, a 47.5 foot R.O.W., a distance of 1,103.12 feet to the POINT OF BEGINNING;
CONTAINING, 13.9523 acres or 607,761 square feet of land.
E XI-I I BI-F. "A"
,,. '., lit.'':.. ''.. '. . ; ] : ~. '" .~,' \
:'l'l''' ' . ~ .l : i "' *:'~' Y''
.... ..... ~1 : ~ : .: '. __. ~,
[ : -:'.:'. ...... · ' I~ - " " " ' " ' .... , l
~/~~l..l.l .~I.I.O~)~?--__~V.,,,,,,~
:~.~ '~tL ~:itl l. l~ i ~, ill:: : ~':'.il',;!: .' )t - l~l .' ~'
· ' '~. ~, ',~ ?_5,....' · -:'-..t,.:,.?.'..: '.'.~ ',~ '.~.
:l.~
ii .
,1~:,::
[I;,,,1:
~ ,Iii
i ,-~ : ii"' I~::
!
at 1:30 p.m. at Coppell Intermediate School and encouraged
Council Members to attend.
F. Mayor Pro Tem Smothermon asked to verify that the replat
approved for the school is a final and will not return before
work begins. Mayor Wolfe affirmed this as final and requested
that staff provide a follow-up on this issue (Item #25).
G. Council Member Cowman asked that City Manager look into the
issue regarding any training the City may have received in
return for waiving of impact fees for previously approved
school property.
H. Council Member Cowman inquired about the no parking issue on
MacArthur being brought forward in the near future.
I. Council Member Cowman stated that the Northbound lanes on
MacArthur at Beltline Road need to be re-striped due the wear
of traffic.
Item 30 Liaison Reports
Councilman Morton announced that at the MUD Meeting earlier in the
day, there was a request to extend the BANS on Cottonwood Estates
project and this was denied. It was brought out that Mr. Sowel is
contemplating 45 acres of single-family housing along Parkway.
Also $900,000 of BANS have expired and have been written off;
therefore, with no more BANS on the property, the development will
be at the developer's expense. Also, the Magnolia tract was
purchased by J. Sowel Construction which is coming forward and
working with Vista Properties, Inc. to provide sewer access to the
properties.
Additionally, a request for annexation by Frank Bamburg on Sand
Point Estates was received and approved by the MUD Board.
The MUD election was called for the 2nd of May with the election
being held at City Hall. Filing deadline is 2nd of April.
Applications for filing are at the Water Department. Early voting
will be at St. Ann's Catholic Church.
In regards to the increased flow at the lift station, they are
pulling 20 gallons of screen debris off the screen a week and they
are trying to store it on site.
CONSENT AGENDA
Item 31 A. To consider an ordinance for Case ~ZC-522, to
change the zoning designation from (C) Commercial,
to (SF-12) Single-Family-12, on a parcel of land
located at the southeast corner of Bethel School
Road and Harris Street, and north and adjacent to
Grapevine Creek, and authorizing the Mayor to sign.
B. To consider an ordinance for Case #S-1051, to
change the zoning designation from (LI) Light
Industrial, to (LI.SUP) Light Industrial Special
Use Permit, on a parcel of land located at 820 S.
MacArthur Boulevard, Suite 102, and authorizing the
Mayor to sign.
C. To consider an ordinance for Case #PD-117, to
change the zoning designation from (MF-2) Multi-
Family-2, to (SF-7) Single-Family 7, on a parcel of
land located along the west side of Harris Street,
at Bethel Road, and authorizing the Mayor to sign.
D. To consider an ordinance for Case ~S-1053, to
change the zoning designation from (LI) Light
Industrial, to (LI.SUP) Light Industrial Special
Use Permit, on a parcel of land located
approximately 992' south of the intersection of
CM031092
Page 10 of 12
Thweatt Road and Royal Lane, along the east side of
Royal Lane, and authorizing the Mayor to sign.
E. To consider an ordinance for Case #PD-119, to
change the zoning designation from (R) Retail and
(C) Commercial, to (PD-SF-9) Planned Development
Single-Family-9, on a parcel of land located along
the west side of Bethel School Road, and
approximately 400' north of Bethel Road, and
authorizing the Mayor to sign.
F. To consider an ordinance for Case #S-1054, to
change the zoning designation from (LI) Light
Industrial, to (LI.SUP) Light Industrial Special
Use Permit, on a parcel of land located east of
Denton Tap Road, approximately 212' north of
Beltline Road (E/W), and authorizing the Mayor to
sign.
G. To consider an ordinance for Case #S-1055, to
change the zoning designation from (R) Retail, to
(R. SUP) Retail Special Use Permit, on a parcel of
land located at 420 Bethel Road, and authorizing
the Mayor to sign.
H. To consider an ordinance for Case #S-1056, to
change the zoning designation from (C) Commercial,
to (C.SUP) Commercial Special Use Permit, on a
parcel of land located at 150 S. Denton Tap Road,
Suite 115, to allow the operation of a restaurant,
and authorizing the Mayor to sign.
I. Consideration of approving a contract with Barton-
Aschman Associates, Inc. to provide professional
transportation engineering services associated with
the Traffic Light Synchronization Program II
(TLSII) for the total amount not to exceed $22,075
and authorizing the City Manager to sign.
J. Discussion and consideration of rejection of Bid
Proposal No. Q-1291-04 for Personal Computer System
and related equipment/software.
K. Consideration and approval for purchase of radio
communications equipment for Police, Fire,
Engineering and Public Works Departments in the
amount of $53,824.60.
L. Consider approval of a contract for the rental of
county voting equipment to hold the May 2, 1992
Municipal Officer's Election and authorizing the
Mayor to sign.
Councilman Nelson requested that Item 31-I be removed from the
Consent Agenda.
Mayor Pro Tem Smothermon moved to approve the Consent Agenda with
the exception of Item 31-I with agenda Item 31-A carrying ordinance
number 91500-A-8, Item 31-B carrying ordinance number 91500-A-9,
Item 31-C carrying ordinance number 91500-A-10, Item 31-D carrying
ordinance number 91500-A-11, Item 31-E carrying ordinance number
91500-A-12, Item 31-F carrying ordinance number 91500-A-13, Item
31-G carrying ordinance number 91500-A-14, and Item 31-H carrying
ordinance number 91500-A-15. Councilman Cowman 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 31-I was discussed by Council. Mayor Pro Tem Smothermon moved
to approve the contract with Barton-Aschman Associates, Inc. to
provide professional transportation engineering services associated
with the Traffic Light Synchronization Program II (TLSII) for the
CM031092
Page 11 of 12