CC approval of ORD 1/25/94CITY COUNCIL MEETING
AGENDA REQUEST FORM
.Jammry 2~; 1994
ITEM NUMBER
ITEM CAPTION:
To consider an ordinance for Case #ZC-550 to change the zoning designation from MF-2 (Multi-Family-2) to
SF-9 (Single Family-9) on a parcel of land located at the northwest corner of Beverly Drive and Warren
Crossing, at the request of Mr. Ray Warren, and authorizing the Mayor to sign.
r~(D~rec~r's Signature) ' %,-.~irector of Pi %_ & Coma. Services .~}
OTHER REP.: Pete Smith, City Attorney
DATE:
EVALUATION OF ITEM:
Date of CC Meeting: December 14, 1993
Decision of CC: Approval (6-0)
BUDGET AMT. ~"/~
AMT. +/- BUDGET
AMT. ESTIMATED
FINANCIAL REVIEW BY(,,~/~
COMMENTS:
Please see the attached site plan and minutes for further details.
CITY CoUnCIL
REVIEWED
LEG~ REVIEW
AGENDA R~U~T FO~ ~VISED 2/93
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ~/(.~ D ~-/~ - ~'~)
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF
COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE
IN ZONING FROM MF-2 TO SF-9 ON A 4.42 ACRE TRACT OF LAND LOCATED
AT THE NORTHWEST CORNER OF BEVERLY DRIVE AND WARREN
CROSSING, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT
ATTACHED HERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commi~ion and the governing body of
the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant
to the Comprehensive Zoning Ordinance 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, and to all persons interested and situated in the
affected area and in the vicinity thereof, the said governing body is of the opinion that
Zoning Case No. ZC-550 should be approved, and in the exercise of legislative discretion
have concluded that the Comprehensive Zoning Ordinance should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1:
That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas,
duly passed by the governing body of the City of Coppell, Texas, as heretofore amended,
be and the same is hereby amended to grant a change in zoning from MF-2 to SF-9 on a
4.42 acre tract of land located at the northwest comer of Beverly Drive and Warren
Crossing, and being more particularly described in Exhibit "A" attached hereto and made
a part hereof for all purposes.
SECTION 2.
That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended, and as amended herein.
SECTION 3. REPEAHNG CLAUSE
That all provisions of ordinances of the City of Coppell, Texas, in conflict with the
provisions of this ordinance be, and the same are hereby, repealed, and all other provisions
not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 4. SEVERABILITY CLAUSE
That should any sentence, paragraph, subdivision, clause, phrase or section of thi.q
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 unconstitutional, illegal or invalid, and shall not affect the validity
of the Comprehensive Zoning Ordinance as a whole.
SECTION 5. PENALTY CLAUSE
That any person, firm or corporation violating any of the provisions or terms of thi.q
ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be
punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each
offense; and each and every day such violation shall continue shall be deemed to constitute
a separate offense.
2
SECTION 6. SAVINGS CLAUSE
An offense committed before the effective date of this ordinance is governed by the
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 7. EFFECTIVE DATE
That this ordinance shall take effect immediately from and after its passage and the
publication of its caption, as the law and charter in such cases provide.
DULY~ // PASSED by the City Council of the City of Coppell, Texas, this the
day of ..--~i' ' 1994.
APPROVED:
ATrF_3T:
APPROVED AS TO FORM:
PE'I~R G. SM1T~ 'CrrY A'r'FORNEY
3 AGG041~4
LEGAL DESCRIPTION
WHEREAS RAY WARREN is the owner of a 4.4167 acre tract of land situated in the B.B.B. & C.R.R. Survey,
Abstract No. 199 in the City of Coppell, Dallas County, Texas and being part of a 31.233 acre tract of land as
conveyed to Elvia R. Warren by Deed Recorded in Volume 78214, Page 701 of the Deed Records of Dallas
County, Texas (D.R.D.C.T.), said 4.4167 acres being more particularly described as follows:
BEGINNING at a 1/2' iron rod set for the intersection of the East line of Beverly Drive (a .50' R.O.W.) and
the northerly line of Warren Crossing (a 50' R.O.W.) as recorded in Volume 92207, page 400 of the Map
Records of Dalla.~ County, Texas.
THENCE along the northerly line of said Warren Crossing the following:
North 89~ 00'10' West, 203.92 feet to a 1/2' iron rod found, said iron rod also being the point of curvature of
a circular curve to the right having a radius of 175.00 feet and a chord which bears North 64. 23'58' West, a
chord length of 145.71 feet;
Along said curve to the right through a central angle of 49' 12'20", an arc distance of 150.29 feet to a 1/2' iron
rod found;
North 39° 4T47' West, a 241..58 feet to a 1/2. iron rod found, said iron rod also being the point of curvature of
a circular curve to the left having a radius of 225.00 feet and a chord which bears North 5/P 31'34' West, a chord
length of 121.99 feet;
Along said curve to the right through a central angle of 31' 27'33', an arc distance of 123_54 feet to a 1/2. iron
rod set, said iron rod also being the point of curvature of a non-tAngent curve to the left having a radius of
430.00 feet and a chord which bears North 14' 02'50' East, a chord length of 8.37 feet;
THENCE leaving the northerly line of said Warren Crowing and along the easterly line of Allen Road (a 60'
R.O.W.) as recorded in Volume ., Page , M.R.D.C.T., along gafid mm-~ curve
to the left through a central ,ngle of 01' 06'5~', an arc distance of 8.37 feet to a 1/2' iron rod set;
THENCE South 89' 31'13' East, leaving the easterly line of said Allen Road, 184.20 feet to a 3/8' iron rod
found;
THENCE North 43' 54'52' East, 39330 feet to a 1/2' iron rod set;
THENCE South 21' 33'40' East, 87.52 feet to a 1/2' iron rod set;
THENCE South 52' 09'12' East, 62_57 feet to a 1/2' iron rod set;
THENCE South 78' 46'07' East, 21.42 feet to a 1/2' iron rod set;
THENCE South 03' 0905' Fast, 163.86 feet to a 1/2' iron rod found;
THENCE South 03' 30'16' East, 324.11 feet to the POINT OF BEGINNING and colltnlnin~ 4.417 acres or
192,394 square feet of land, more or less.
LEGAL DESCRIPTION
WHEREAS RAY WARREN is the owner of a 4.4167 acre tract of land situated in the
B.B.B. & C.R.R. Survey, Abstract No. 199 in the City of Coppell, Dallas County, Texas and
being part of a 31.233 acre tract of land as conveyed to Elvia R. Warren by Deed Recorded
in Volume 78214, Page 701 of the Deed Records of Dallas County, Texas (D.R.D.C.T.), said
4.4167 acres being more particularly described as follows:
BEGINNING at a 1/2" iron rod set for the intersection of the East line of Beverly Drive
(a 50' R.O.W.) and the northerly line of Warren Crossing (a 50' R.O.W.) as recorded in
Volume 92207, page 400 of the Map Records of Dallas County, Texas.
THENCE along the northerly line of said Warren Crossing the following:
North 89' 00,10" West, 203.92 feet to a 1/2" iron rod found, said iron rod also being the
point of curvature of a circular curve to the right having a radius of 175.00 feet and a chord
which bears North 64' 23'58" West, a chord length of 145.71 feet;
Along said curve to the right through a central angle of 49' 12'20", an arc distance of 150.29
feet to a 1/2" iron rod found;
North 39' 47'4T' West, a 241.58 feet to a 1/2" iron rod found, said iron rod also being the
point of curvature of a circular curve to the left having a radius of 225.00 feet and a chord
which bears North 55' 31'34" West, a chord length of 121.99 feet;
Along said curve to the right through a central angle of 31' 27'33", an arc distance of 12334
feet to a 1/2" iron rod set, said iron rod also being the point of curvature of a non-tangent
curve to the left having a radius of 430.00 feet and a chord which bears North 14' 02'50'
East, a chord length of 8.37 feet;
THENCE leaving the northerly line of said Warren Crossing and along the easterly line of
Allen Road (a 60' R.O.W.) as recorded in Volume , Page
M.R.D.C.T., along said non-tangent curve to the left through a central angle of 01' 06'55",
an arc distance of 8.37 feet to a 1/2" iron rod set;
THENCE South 89' 31'13' East, leaving the easterly line of said Allen Road, 184.20 feet to
a 3/8" iron rod found;
THENCE North 43' 54'52" East, 393.30 feet to a 1/2" iron rod set;
THENCE South 21' 33'40" East, 87.52 feet to a 1/2" iron rod set;
THENCE South 52' 09'12" East, 62.57 feet to a 1/2" iron rod set;
THENCE South 78' 46'07~ East, 21.42 feet to a 1/2" iron rod set;
THENCE South 03' 09'05" East, 163.86 feet to a 1/2" iron rod found;
THENCE South 03' 30'1C East, 324.11 feet to the POINT OF BEGINNING and containing
4.417 acres or 192,394 square feet of land, more or less.
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ZONING EXHIBIT oeo ~s ~,
WARREN ADDITION
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
119 area residents were present in opposition. Mayor Morton opened the Public Hearing and
asked for those persons wishing to speak against this proposal. Ed Miller, 237 Glenwood, spoke
in opposition and suggested the installation of a 10-foot wall around the car wash. Kevin
Korioth, 213 Glenwood, Steve Willenbfiak, 124 Hearthwood, Norma Gaffney, 247 Edgewood,
Casey Chandler, 283 Tealwood Drive, Verne Dooley, 133 Hearthwood Drive, all spoke in
opposition of this proposal. Applicant, Lenny Poulsen, 433 Carter Drive, and his associates,
Ralph Nasca, 1601 Sol Way, Lewisville, and Architect Bob Welty, addressed the Council in
favor of the proposal. The Mayor then asked for those persons wishing to speak in favor of this
proposal. Louis Ferguson, 424 Carter, Joe Orman, Lewisville and Lanny Jackson, 431 Bethel
School Road spoke in favor of this proposal. Mayor Morton then closed the Public Hearing.
After lengthy discussion, Mayor Pro Tern Robertson moved to approve S-1074 from C to
C.S.U.P. (The White Glove Express Car Wash), located along the east side of Denton Tap
Road, 500 feet south of Braewood Drive with the following three (3) conditions: 1) vacuum
operation be fully enclosed and a decibel level be taken prior to commencement of construction
to be on file with the Planning Department and that the decibel reading not be greater than 55
DCB, during full operation of the facility, at the screening wall to be provided by the Applicant
on the east side of the property as shown on the site plan and if the level is above 55 that the
Applicant take necessary precautions; 2) the driveway have a divider for ingressing and
egressing traffic and that the Applicant will agree to make necessary alterations to the median
cut deemed by Engineering; and 3) additional landscaping be added at the rear to buffer the
sound from the adjacent neighborhood subject to the site plan. Councilmember Garrison
seconded the motion; the motion carried 4-3 with Mayor Pro Tern Robertson and
Councilmembers Watson, and Garrison voting in favor of the motion and Councilmembers
Weaver, Stahly and Mayo voting against the motion. Mayor Morton voted in favor of the
motion breaking the tie vote.
14. PUBLIC HEARING: Consideration and approval of ZC-5~.. (Warren
Crossing Addition) from MF-2 (Multi-Family) to SF-9 (Sing? Family), located
at th.e. northwest comer of Beverly Drive and Warren Crossing, at the request
of Wlnklemann & Associates.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Mayor Morton opened the Public Hearing and asked for those persons wishing to speak against
this proposal. There were none. He then asked for those persons wishing to speak in favor of
this proposal. Again, there were none. Mayor Morton then closed the Public Hearing. Mayor
Pro Tern Robertson moved to approve ZC-550 (Warren Crossing Addition) from MF-2 (Multi-
family) to SF-9 (Single family), located at the northwest corner of Beverly Drive and Warren
Crossing. Councilmember Garrison seconded the motion; the motion carried 6-0 with Mayor
Pro Tern Robertson and Councilmembers Weaver, Stahly, Watson, Mayo, and Garrison voting
favor of the motion.
15.
Consideration and approval of a (Secondary) Final Plat for Warren Crossing
located at the northwest comer of Beverly Drive and Warren Crossing, at the
request of Winklemann & Associates.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Councilmember Mayo moved to approve a (Secondary) Final Plat for Warren Crossing located
at the northwest corner of Beverly Drive and Warren Crossing and accept the following items
offered by the Developer: 1) the drainage easement should be a minimum of 50 feet wide to
allow for a street in the future; 2) all garages must be side entry; and 3) Warren Court should
appear on the face of the plat. Mayor Pro Tem Robertson seconded the motion; the motion
carried 5-1 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stably, Mayo, and
Garrison voting in favor of the motion and Councilmember Watson voting against the motion.
CM121493
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Co
Do
Councilmember Reitman voiced his agreement with Mayor Pro Tem Robertson regarding
a recreation center site at Food Lion.
Mayor Morton reminded everyone about the Coppell Gala to be held on March 5, 1994
at the Grand Kempenski Hotel.
Councilmember Watson asked that staff review the Lake Park replat for options of a hike
and bike trail. Also Councilmember Watson asked for consensus of Council that staff
look into securing easements along Beltline for the hike and bike trail. Council gave
consensus.
Councilmember Weaver spoke to Council regarding homeowner associations and asked
for consensus of Council to define a standard homeowner agreement. Council gave
consensus.
18. Liaison Reports.
D/FW Airport Expansion -- Councilmember Stahly informed the Council that a meeting is
scheduled on the noise forum to be held January 26, 1994. Councilmember Weaver discussed
the noise forum and urged the Council to maintain relations with the airport.
Economic & Business Development Board -- Councilmember Stahly announced that the
Economic and Business Development Partnership has established with MJ Designs an official
ground-breaking ceremony to be February 10, 1994 at 11:00 a.m.
Neighborhood Integrity Ordinance -- Councilmember Stahly stated the ordinance had been
revised.
Office on Aging -- Councilmember Stahly reminded everyone of the Infofair to be held
February 8, 1994 at the Farmers Branch Recreation Center.
YMCA -- Councilmember Stahly thanked the Mayor for proclaiming YMCA Appreciation Week
and announced that the grand opening ceremony was held Saturday, January 22, 1994.
Data Processing Committee -- Councilmember Weaver stated that staff has been reviewing the
finished report from Arthur Andersen and a meeting should be held within the next couple of
weeks.
City-Wide Storm Water Management Plan -- Councilmember Weaver expressed a need for an
emergency meeting to look at the Pulte Homes subdivision.
Library Board -- Councilmember Weaver announced that bids will be coming in around the
22nd. City Manager Jim Witt informed the Council that there was one administrative issue
concerning the Library to be worked out.
Councilmember Watson informed Council that he was not able to attend the meetings for
NTCOG and would like to be removed from that committee. Councilmember Reitman was
appointed to NTCOG in Councilmember Watson's place.
Mayor Pro Tem Robertson asked that City Staff schedule an agenda item to recognize former
Mayor Wolfe and Councilmembers Thomas and Smothermon with plaques.
CONSENT AGENDA
19. Consider approval of the following consent agenda items:
CM012594
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A. Consider approval of minutes:
January 11, 1994
Be
Consider ratification of designation of City Engineer Ken Griffin as
Acting City Manager in case of disability or absence of the City
Manager, in accordance with Article 4, Section 4.01 E of the City
Charter, as recommended by City Manager Jim Witt.
Ce
Consideration of an ordinance for Case #ZC-550 to change the zoning
designation from MF-2 (Multi-Family-2) to SF-9 (Single Family-9) on
a parcel of land located at the northwest corner of Beverly Drive and
Warren Crossing, at the request of Mr. Ray Warren, and authorizing
the Mayor to sign.
De
Consideration of an ordinance for Case #S-1061 to change the zoning
designation from LI (Light Industrial) to L.I.S.U.P. (Light Industrial,
Special Use Permit) on a parcel of land located at 820 S. MacArthur
Boulevard, Suite 124, at the request of Subway Restaurant, and
authorizing the Mayor to sign.
Ee
Consideration of an ordinance for Case #S-1060 to change the zoning
designation from C (Commercial) to C.S.U.P. (Commercial Special Use
Permit), on a parcel of land located at the southeast corner of Sandy
Lake Road and Denton Tap Road, at the request of Univest and
authorizing the Mayor to sign.
Consideration of awarding Bid #Q-1093-03, "C.C.T.V. SYSTEM", to
provide for improved building security at Coppell Town Center in the
amount of $11,348.00 to Southwest Security.
Councilmember Garrison moved to approve Items 19 A, B, C carrying Ordinance No.
91500-A-40, D carrying Ordinance No. 91500-A-41, E carrying Ordinance No. 91500-A-42 and
F. Mayor Pro Tem Robertson seconded the motion; the motion carried 6-0 with Mayor Pro
Tem Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, and Garrison voting
in favor of the motion.
There being no further business to come before the City Council, the meeting was adjourned.
Tom Morton, Mayor
ATTEST:
Linda Grau, Assistant City Secretary
CM012594
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