CC approval on 3/8/94 AGENDA REQUEST FORM
CITY COUNCIL MEETING: March 8, 1994 ITEM # /J
ITEM CAPTION:
Consideration and approval of an ordinance for Case #ZC-551 to change
the zoning designation from C (Commercial) to SF-12 (Single Family-
12), on a parcel of land located along the south side of Bethel School
Road, 500 feet west of Denton Tap Road and authorizing the Mayor to
sign.
TITLE:~~ Dir. n~ ~'ing and Comm. Services INITIALS~/
STAFF CemENTS:
Date of P&Z Meeting: February 17, 1994
Decision of P&Z Co~ission: Approval (5-0) with Commissioners
Alexander, Wheeler, Thompson, Tunnell and Meador voting in favor.
Commissioners Hildebrand and Redford were absent.
STAFF RECOMMENDATION Approval ~ Denial
EXPLANATION:
BUDGET AMT.$ ~ AMT. EST.$ +/- BUD:$
FINANCIAL COMMENTS:
FINANCIAL R~'~IEW-- CITY MJ~&GER REVlE#:
Du~ "golA-n~d" paper in prin~r~
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. cl/. v ,-A-qg
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 C COMMERCIAL TO SF-12 (SINGLE FAMILY-12) ON
PROPERTY LOCATED ALONG SOUTH SIDE OF BETHEL SCHOOL ROAD, $00
FEET WEST OF DENTON TAP ROAD, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT 'A" 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 Comm/ssion and the governing body of
the City of Coppell, Texas, in compliance w/th 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 o~inion that
Zoning Case No. ZC-$$1 should be approved, and in the exercise of legislativ~'discretion
have concluded that the Comprehensive Zoning Ordinance should be amende'~t.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COL~NCIL 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 C Comme~_ ¢~ to SF-
12 (Single Family - 12) on property located along the south side of Bethel School Road, $00
feet west of Denton Tap Road, 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. REPEALING 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 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.__~ther than
the part so decided to be unconstitutional, illegal or invalid, and shall not affecf't-he 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 this
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.
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 am'"'.~ed, 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
APPROVED:
TOM MORTON, MAYOR :"
ATFEST:
,
CITY SECRETARY
APPROVED AS TO FORM:
3 AGG0525C
AbsLrac~ Nc.. ~ in 'he ?i'.v rf Saen~=~' 7allas So'_;:ttv Texas and
::ez:;g ~-~t :.'~ a ~68.8 .acre ~: az'_ cf _anh as .Je~zr-b..zJ z:= Z'ee:~ ' c
-. ' ' " '.: :' · *.= -¢=, }records
.D~ Dallas C~sunt)', Texa~ an~ £e~n9 .... ..,~ ~i~r'z'~a~. aY1'.' ~usuY~bed as
~"' ' OWS:_
BEGiNN-NG aL ar; izon .... '-'-.~ ~'~-¢ ......... _...._'~-'z' _)r: the so,th _ 'r.e
Bethel School Road (a var:ab'e width zz ~ht-of -wa~.' sa:
being the northeast corner of Country Estates, an ad~i'cion to the
City of Coppell as recorded in Volume 92188, Page 3639 of the Deed
Records of Dallas Count}', Texas;
Thence alogg the said south line of Bethel School Road the
following courses and distances; N.61°44'25"E., 52.02 feet to an
iron rod for corner and being the beginning of a curve to the right
having a central angle of 16°08'00" a radius of 691.20 feet and a
chord bearing of N.69°48'25"E.; Thence along said curve 194.63 feet
to the end of said curve, an iron rod for corner; Thence
N.77o52'25'E., 42.54 feet to an iron rod for corner being in the
center of a creek;
THENCE leaving the said south line of Bethel School Road, and
running along the meaderings of the said ce~ter of a creek, the
following courses and dietances; S.71'08'57"E., 96.56 feet to an
iron rod for corner; Thence S.43'22'40'E., 52.]4 feet to an £mon
rod for corner; Thence S.24~28'37'W., 10.97 feet to an iron rod for
corner; Thence S.11'40'40'E., 82.20 feet to an iron rod for corner;
Thence S.61'32'15'W., 29.20 feet to an iron rocl for corner; T~ence
S.51~]3°23'E., 62.36 feet to an iron rod for corner; Tltence
S 12°2~°50'W., 21.26 feet to an £ron ro~ for corner; Thence
S 65~19'35'#., 25.11 feet to an iron rod for corner; T~nse
S 17~56'03'W., 82.86 feet to an iron rod for corner;
s 74'05'0B'E., &9.44 feet to an iron rod Eot corner; T~
S 13'35'08#N., 11].41 feet to an iron ro~ for corner;
N 86~53'44"E., 63.08 feet; Thence S.29~4'54'E., 6~.]2 feet to
iron ro~ for corner; Thence S.11'04%27"W., 23.64 feet to an iron
rod for corner; Thence S.67'55'03'E., 81.68 feet to an iron r~d for
corner; Thence S.14~35'44'W., 43.08 feet to an iron rod for
Thence S.40'13'07'E., 55.16 feet to an iron rod for corner; Thence
N 79°44'29"E., 34.44 feet to an iron rod for corner; Thence
S 55°02'13"E., 23.60 feet to an iron rod for corner; Thence
S 04°31'28'E., 51.15 feet to an iron rod for corner; Thence
S 25°27'50'E. 35.63 feet to an iron rod for corner; Thence
S 56°23'45'W. 61.20 feet to an iron rod for corner; Thence
S 24~51'50"E. 75.34 feet to an iron rod for corner; Thence
S 12~31'54'E. 157.40 feet to an iron rod for .corner, Thence
S 27°07'50#W 71.25 feet iron rod for corner; Thence
S 49°19'42"W 58.44 feet to an iron rod for corner; Thence
S 14~12'51"W 43.36 feet to an iron rod' for corner; Thence
S 31~08'54"W 16.61 feet to an iron rod for corner; Thence
S 54°43'05'W 49.69 feet to an iron rod for corner; Thence
S 31°43'10"E 102.37 to an iron rod for corner; Thence
S 35°56'00"W 71.55 feet to an iron rod for corner; Thence
N 35~42'47'W. 9~.71 feet to an iron rod for corner; Thence
N 61°36'55"W. 143.44 feet to an iron rod for corner; Thence
N 87°51'22'W. 157.51 feet to an iron rod for corner; Thence
S 75°15'15'W. 62.27 feet to an iron rod for corner; Thence
S 68°32'55"W. 163.89 feet to an iron rod for corner, and being the
southeast corner of the above said Country Estates;
THENCE N.01°01'59"W., 1143.39 feet along the east line of the
said Country Estates to the Point of Beginning and containing
14.537 acres (633,243 square feet) of land.
~IBIT A
Family-12), located along the south side of Bethel School Road, 500 feet west
of Denton Tap Road, at the request of Mr. Frank Bamberg.
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. Bill
Anderson, representing the Applicant, addressed the Council. Councilmember Reitman moved
to approve ZC-551, Grand Cove Estates, to change the zoning from C (Commercial) to SF-12
(Single Family-12), located along the south side of Bethel School Road, 500 feet west of Denton
Tap Road and to delete the alleys. Mayor Pro Tern Robertson seconded the motion; the motion
carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stably, Watson,
Reitman, Mayo, and Garrison voting in favor of the motion.
Consent Agenda Item 21 F was considered at this time. See Item 21 F below for minutes.
13. Consideration and approval of an ordinance for Case #ZC-551 to change the
zoning designation from C (Commercial) to SF-12 (Single Family-12), on a
parcel of land located along the south side of Bethel School Road, 500 feet
west of Denton Tap Road and authorizing the Mayor to sign.
Mayor Pro Tem Robertson moved to approve Ordinance No. 91500-A-48 for Case ZC-551 to
change the zoning designation from C (Commercial) to SF-12 (Single Family-12), on a parcel
of land located along the south side of Bethel School Road, 500 feet west of Denton Tap Road
and authorizing the Mayor to sign.. Councilmember Mayo seconded the motion; the motion
carded 7-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stahly, Watson,
Reitman, Mayo, and Garrison voting in favor of the motion.
14. PUBLIC I-IEARING: Consideration and approval of S-1077, Sonic Drive-In,
to change the zoning from C (Commercial) to C.S.U.P. (Commercial, Special
Use Permit), located approximately 1,330 feet south of Parkway Boulevard,
along the west side of Denton Tap Road, at the request of Dowdey, Anderson
& Associates.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Staff recommended denial of this request for the following reasons: 1) the site is much too small
for the building being proposed; 2) the site plan originally showed two curb cuts and the
Applicant has agreed to only one curb cut; 3) possibly an inappropriate use of this location; 4)
the second lot which is located behind the site; 5) applicant would be asking for a sign variance;
6) MUD problem; and 7) design of the facility itself. Notwithstanding the concerns of Staff,
the Planning Commission recommended approval of the SUP subject to a site plan and
conditions. David Lightfoot, the Developer, also addressed the Council. Mark Wainscott, the
Architect, spoke to Council regarding the design. 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. John Mark Bonot, 345
Lakewood Court, appeared representing the joint venture between the City and the Chamber of
Commerce and spoke in support of the Sonic Drive-In. Mayor Morton then closed the Public
Hearing. After lengihy discussion, motion and denial of motion, Councilmember Mayo moved
to approve S-1077, Sonic Drive-In, to change the zoning from C (Commercial) to C.S.U.P.
(Commercial, Special Use Permit), located approximately 1,330 feet south of Parkway
Boulevard, along the west side of Denton Tap Road, as shown subject to: 1) the site plan,
landscape plan and rendering; 2) that the property will not be served by the City wastewater
system and to receive those services the property will have to be annexed unto the MUD; and
3) a cross-access easement with William Boorham, owner of the property immediately north of
the Sonic property. Mayor Pro Tern Robertson seconded the motion; the motion carried 5-2
CM030894
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