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CC approval of ORD 11/10/92 CONSENT AGENDA ' [ AGENDA REQUEST FORM CITY COUNCIL MEETING November 10, 1992 .ITEM CAPTION- To consider approval of an ordinance for Case ~ZC-533 to change the zoning designation from (SF-12) Single-Family-12, to (SF-9) Single-Family-9, on a parcel of land located along the north side of Sandy Lake Road, east of Allencrest Lane and west of Trailwood Lane, and authorizing the Mayor to sign. SUBMITTED BY: STAFF :: Planning Director. Oary L. Sieb - OTHER REP.: Larry Jackson, City Attorney EVALUATION OF ITEM: DATE: Date of P&Z Approval: November 21, 1992 Decision of P&Z Co~mission: Approval (5-2) Date of CouncilApproval: December 10, 1992 Decision of City Council: Approval (7-0) Please see attached site plan and minutes for further details. .' BUDGET AMT. N/A AMT +/- BUDGET FINANCIAL REVIEW COMMENTS; LEGALREVIEWBY: REVIEWEDBYCM: ~ : ~GL~DA R£QUEST FOI:LM KE¥~ED b'gl AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-22 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 Frank Bamburg, No. ZC-533, 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 property hereinafter described, a new zoning district classification, to wit: - "SF-9" Single Family Residential District Classification. Said property being described as follows: BEING a parcel of land containing 10 acres, more or less, and described by netes and bounds on Exhibit "A" attached hereto and made a part hereof and shown on the zoning exhibit attached hereto as Exhibit "1" 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 /z2 day of ~)/~~ , 1992. APPROVED: MAYOP~ ATTEST: CITY SECRETARY/ APPROVED AS TO FORM: BEING A I O.OOO ACI~E TRACT OF LAND IN TIE S. tqENDF__~SON SUI~VFY, ABSTRACT NO. 629, SITUATED IN TIJE CITY OF COPPFI L, DALLAS COUNTY, TEXAS AND BEING MOIRE PAI~T1CULAI~LY DESCI~I3ED AS FOLLOWS. BFGINNING AT A POINT ON TI-ID NORTPl I~IC__~4T-OF-WAY LINE~ OF SANDY LAKE I~OAD ( A 60 FOOT I~IGNT-OF-WAY ), AND TI-I~ MOST EASTFI~LY SOUTI-IEAST COI~NF_~ OF PAI~K PLACE ADDITION, AN ADDITION TO THE CITY OF: COPPELL, DALLAS COUNTY, TF_XAS, THENCE, N CO °49'44" F. ALON(~ TIE EASTEI~LY LINI~ OF SAID PAI~K PLACE ADDITION, A DISTANCE OF: II 53.43 FF__ET TO A POINT FOR A CORNELS, SAID POINT BEING ON TI4~ SOUTI-IF__~LY LINE OF PECAN I-IOLLOW ADDITION, TI-IFNCE, S 89 °46'03' W. ALONG THE SAID EASTFI~LY LNE OF PECAN HOLLOW ADDITION. A DISTANCE OF 375.82 FEFT TO A POINT FOI~ A COlONElS, SAID POINT BEING THE MOST WFSTE~LY NOI~TNWEST COt:?~ OF: PECAN RIDGE ESTATES, Tt-IENCF, S 00045'56' W, ALONG TI-~ WESTEI:~LT LINE Of= SAID PECAN ~IDGI~ ESTATES. A DISTANCE OF II 45.OO FEJ~T TO A PONT PO~ A COI~NL:=~, SAID POINT BEING ON TIlE NOI~TI-t DIGMT-OF-WAT LllN~ OF= SAID SANDT LAKI~ i~OAD, THENCF. S 80°29'42, ID, ALONG TIJ~ NOI~TI-IE~Ly LINE OF: SAID SANDT LAKE I~OAD, A DISTANCF OF 370.00 FEET TO TI-~ PONT OF BEGINNING AND CONTAINING I O.OOO ACI~ES OF= LAND MODE O[~ IFSS. EXHIBIT I,A,, to approve zoning change Case #PD-116R (Chaucer Estates Addition) from (TC) Town Center to (PD-SF-7) Planned Development Single-Family-7, located at the northwest corner of Sandy Lake Road and Heartz Road. Councilman Morton seconded the motion; 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 Consideration and approval of a preliminary plat, for Chaucer Estates Addition, located at the northwest corner of Sandy Lake Road and Heartz Road, at the request of Alpine Development. Following discussion, Mayor Pro Tem Smothermon moved to approve the preliminary plat for Chaucer Estates Addition, located at the northwest corner of Sandy Lake Road and Heartz Road, w-lth renderings attached as part of application. Councilman Nelson seconded the motion; 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 PUBLIC HEARING: Consideration and approval of a zoning change, Case #S-1055, from (R) Retail, to (R-SUP) Retail Special Use Permit, to allow the operation of an office and floral shop, located at 420 Bethel Road, at the request of Mrs. Joy Onstott. Mayor Wolfe declared the Public Hearing open. He 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. Mayor Wolfe then declared the public hearing closed. Lindy Thomas of 514 Parkview Place representing the Coppell Historical Committee addressed the Council pertaining to this item. Following discussion, Councilman Nelson moved to approve the zoning change Case #S-1055 from (R) Retail to (R-SUP) Retail Special Use Permit to allow the operation of an office and floral shop, located at 420 Bethel Road, at the request of Mrs. Joy Onstott. Councilman Thomas seconded the motion; motion carried 7-0 with Mayor Pro Tam Smothermon, Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 16 PUBLIC HEARING: Consideration and approval of a zoning change, Case #S-1056, from (C) Commercial, to (C-SUP) Commercial Special Use Permit, to allow the operation of a restaurant, located at 150 S. Denton Tap Road, at the request of Mr. Michael Herschmann. Gary Sieb, Director of Planning and Community Service, made the presentation to the Council. Lawrence Steinburg, representing the applicant, Michael Herschmann, also made a presentation to the Council in reference to Jacky Chart Chinese Restaurant. Mayor Wolfe 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. Mayor Wolfe then declared the Public Hearing closed. Following discussion, Mayor Pro Tem Smothermon moved to approve zoning change Case #S-1056 from (C) Commercial to (C-SUP) Commercial Special Use Permit to allow the operation of a restaurant, located at 150 S. Denton Tap Road. Councilman Cowman seconded the motion; 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 17 PUBLIC HEARING: Consideration and approval of a zoning change, case #ZC-533, (Sand Point Estates) from (SF-I2) PAGE 4 OF 9 Single-}'amily-12, to (SF-9) Single-Family-9, for the construction of single family homes, located along the north side of Sandy Lake Road, east of Heartz Road, and west of Lodge Rosd, at the request of CCM Engineering. Gary Siab, Director of Planning and Community Service, made the presentation to the Council. Chris Kunning, representing the ~pplicant, and Frank Bamburg, applicamt, also addressed the Council. Mayor Wolfe then 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. Mayor Wolfe then declared the Public Hearing closed. Following discussion, Councilman Weaver moved to approve zoning change Case #ZC-533 (Sand Point Estates) from (SF-12) Single-Family-12 to (SF-9) Single-Family-9 for the construction of single family homes, located along the north side of Sandy Lake Road, east of Heartz Road, and west of Lodge Road. Councilman Morton seconded the motion; motion carried 7-0, with Mayor Pro Tem Smothermon amd Ccuncilmen Weaver, Thomas, Morton, Cowman, Robertson, and Nelson voting in favor of the motion. Item 18 Consideration and approval of a preliminary plat for Sand Point Estates, located along the north side of Sandy Lake Road, east of Heartz Road, amd west of Lodge Road, at the request of CCM Engineering. Following discussion, Mayor Pro Tem Smothermon moved to approve a preliminary plat for Sand Point Estates, located along the north side of Sandy Lake Road, east of Heartz Road, and west of Lodge Road. Councilman Robertson seconded the motion; 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 19 A. Consideration and approval tc authorize the expenditure of $~5,629.00 to provide for the construction of additional parking at Andrew Brown Park. B. Consideration and approval to authorize the variance to the City of Coppell Subdivision Ordinance, Appendix A. Section I, (D)(1)(j) to allow the use of an alternate surface to be used in the construction of additional parking at Andrew Brown Park. Following discussion, Councilman Morton moved to approve item 19-A authorizing the expenditure of $15,629.00 to provide for the construction of additional parking at Andrew Brown Park. Councilman Nelson seconded the motion; motion carried 7-0, with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson, and Nelson voting in favor of the motion. Councilman Nelson moved to approve ~tem 19-B authorizing a variance to the City of Coppell Subdivision Ordinance, Appendix A. Section I, (D)(1)(j) to allow the use of an alternate surface to be used in the construction of additional parking at Andrew Brown Park. Mayor Pro Tem Smothermon seconded the motion; 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 20 Consideration and approval of the sale of City property located in the southwest corner at the intersection of Freeport Parkway and St. Louis & Southwestern Railroad, to Catellus Development Corporation at its appraised fair market value. PAGE 5 OF 9 G. Mayor Pro Tem Smothermon stated that several people have asked him when the parking lot of Kid Country would be open. Mayor Wolfe stated it will be open in three weeks. H. Councilman Thomas commended Scott Stafford of the Metrocrest News for his excellent article on Discount City Carrollton Ponders Value Trend in Home Sales. I. City Manager Alan D. Ratliff shared with Council that Staff logged in over 350 hours at no cost to the City of volunteers who participated in the Kid Country project. 26. Liaison Reports Librg!:y__Board - Councilman Garrison stated the Library Board met. Park Board - Councilman Robertson stated the Park Board met and presented their shopping list for the 1/2 cent sales tax. They also presented the presentation for Mesa on the concession and restroom facilities at the community park by Kid Country. They will consider building materials. They also presented various materials for signage. Councilman Mayo added that the dedication of the sign to commemorate the key people of Kid Country will be pushed into the Spring, in order for accurate research to be done so none of the names of these individuals would be left off. Finance Committee - Mayor Pro Tem Smothermon stated the Finance Committee met and reviewed the proposal by the Municipal Administrative Services to do an audit of the franchise taxes. Economic and Business Development Board - Councilman Morton stated the Board is working diligently to develop a strategic plan and enter into a contract with the Chamber for bond services. 27. A. Consider approval of a final plat of Chambers Addition, located along the north side of Bethel Road, approximately 1,167 feet east of the centerline of Coppell Road, at the request of Chambers & Shafer, Inc. B. To consider approval of an ordinance for Case #ZC-533 to change the zoning designation from (SF-12) Single-Family-12, to (SF-9) Single-Family-9, on a parcel of and located along the north side of Sandy Lake Road, east of Allencrest Lane and west of Trailwood Lane, and authorizing the Mayor to sign. C. To consider approval of an ordinance for Case #ZC-535 to change the zoning designation from (TH-l) Town House-l, to (SF-7) Single-Family-7, on a parcel of land located at the northwest comer of MacArthur Boulevard and Parkway Boulevard, and authorizing the Mayor to sign. D. Consideration and approval of an ordinance abandoning unused utility easements located in Waterside Estates, Phase I subdivision, the specific lots being 13 and 19 in Block B, at the request of David Weekly Homes, and authorizing the Mayor to sign. E. Approval of entering into a contract with the Houston-Galveston Area Coop (HGAC) for the purchase of one (1) 1993 ambulance in the amount of $70,023.52 and authorizing the Mayor to sign. F. Approval of entering into a contract with the Houston-Galveston Area Coop (HGAC) for the remount of one (1) 1986 ambulance in the amount of $35,184.69 and authorizing the Mayor to sign. CMl 11092 Page 8 of 9 G. Consideration and approval of a license agreement with DART necessary for the construction, installation and maintenance of the 24" sanitary sewer main as part of the Grapevine Creek Branch I sewer project, and authorizing the City Manager to sign. H. Discussion and consideration of approving a final payment to Albert H. Halff & Associates, Inc. in the amount of $868.70 for providing professional engineering services to design Sandy Knoll/Shadowcrest (Stage I) drainage improvements, and Sandy Knoll/Woodhurst pavement. I. Discussion and consideration of sponsoring a table for ten (10) at the YMCA Fund Raising Ball to be held on November 13, 1992, at a cost of $1,000.00 and directing staff to initiate action to appropriate the necessary funds, as requested by Councilman Ron Robertson. Mayor Wolfe announced Item 27-I will be removed from the Consent Agenda Items for separate consideration. Mayor Pro Tem Smothermon rn~oved to approve Consent Agenda Items 27 A-H with 27-B carrying Ordinance number 91500-A-22, 27-C carrying Ordinance number 91500-A- 23, and 27-D carrying Ordinance number 92580. Councilman Thomas seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in favor of the motion. 27-I Mayor Pro Tern Smothermon moved to approve Item 27-I as stated. Councilman Thomas seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in favor of the motion. Mayor Wolfe closed the Regular Session and opened the Work Session. WORK SESSION (Open to the Public) 3. Work Session: A. Status Report on Grapevine Creek, Branches I and II - City Engineer B. Status Report on Library Building Plan - Director of Planning/Library Mgr. C. Review of Purchase of Ambulances (Items #27E and #27F) - Fire Chief D. General Discussion of Agenda Items Mayor Wolfe adjourned the Work Session and opened the Regular Session. There being no further business to come before the City Council, the meeting was adjourned. Mark Wolfe, Mayor Dorothy Timmons, City Secretary CMl 11092 Page9 of 9