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CC cont. TractsA-1&2 to 9/13/94CITY COUNCIL MEETING: AGENDA REQUEST FORM August 9, 1994 ITEM # ~___ ITEM CAPTION: PUBLIC HEARING: Consideration and approval of a zoning change, Case ~ZC-553(CH) from TH-1 and MF-1 to any appropriate zoning district classification, including, but not limited to, SF-7, SF-9, SF-12, SF-18, SF-ED, MF-i~. and/or O, on approximately 30 acres of land located on two~trac~s; Tracts A-1 and A-2 situated along the east side of MacArth~/r ~ Boulevard; north of the TU Electric right-of-way line.~ ,~ [~q~ ,~/ STAFFT~L2~NTs:Dir. o~~T~/~& Comm. Services ~ ~ INITIALS~, This Public Hearing was left open at the June 14, 1994, city Council Meeting. Please see attached addenda. STAFF RECOMMENDATION Approval Denial EXPLANATION: Because of written opposition to this proposed zoning change, a 3/4 vote of Council (6 votes) will be required for the Planning Commission recommendation to be followed. BUDGET AMT.$ ~/~ FINANCIAL COMMENTS: FINANCIAL REVIEW:~ Agenda Request Form - Revised 1/94 Pta 'goldenrod' pager in pr~r~ AMT. EST.$ +/- BUD:$ CITY MANAGER REVIEW: Additional comments regarding ZC-553 (CH) This case was originally heard on April 12, 1994, and continued until June 14 to allow the Planning Commission to reconsider its initial recommendation to rezone these parcels to Office and SF-7. The Commission reconsidered its action in May, and elected to retain the recommendation of Office zoning south of the TU power lines (Tract "B"), Office zoning on a strip 400 feet wide north of the power lines (Tract "A-2"), and the remainder of the parcel to be rezoned SF-7 (Tract "A- 1"). On June 14, Council recommended that Parcel "B" retain its MF-2 zoning. On the remainder of the tract, Council moved to hold the public hearing open until August 9, that a moratorium on construction be placed on this tract until that same date. The Planning Commission recommendation is the same as it was in April: -SF-7 on Tract "A-l" -Office on Tract "A-2" Because we have received written opposition to the recommendation of the Planning Commission from an owner of the property, a 3/4 vote of Council will be required to make any zoning change. TH'I C · R R R PD.II (SF.7 ;ANDY SF'7 Fe ~SF 12 ~ R MF'2 ~ , i ST LOUI", & SOUTHWESTERN RR~ L ORAPE~NE CREEK '~ _,.~a~L~lON (Open to the Public) ,~g ~is time Council took a short break in the meeting and thereafter resumed continuing with ttern 13. After lengthy discussion, Councilmember Watson moved to approve MacArthur Park Addition, preliminary Plat, located along the east and west side of MacArthur Boulevard and along thc noah side of Denton Creek with the following conditions: 1) all conditions apply for a PD ~aing; 2) sight visibility easements are indicated along MacArthur; 3) all required easements are shown on the face of thc plat; 4) erosion control protection will be provided where needed; 5) streetscape requirements are met; 6) there be an East and West Flamingo Way; 7) a notation being placed on the plat indicating an off-site hike-and-bike trail to be constructed at the Applicant's expense contiguous to the northern and western boundaries of the plat subject to the design approval of the City Engineer; and 8) an access easement will be provided without improvements along the south side of Denton Creek adjacent to Lots 8, 9, 10, 11, 12, 14 and 15 west of MacArthur and Lots 33, 34 and 3:5 east of MacArthur. Mayor Pro Tern Robertson seconded the motion; the motion carried 5-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, and Sheehan voting in favor of the motion. Councilmcmber Reitman rejoined the Council after the vote. 14. PUBLIC HEARING: To consider approval of a zoning change, Case #ZC-559¢CH) from 2F-9, MF-2 and LI to any appropriate zoning district classification, including, but not limited to, SF-7, SF-9, SF-12, SF-18, SF-ED, 2F-9, MF-1 and/or LI, on approxinmtely 140 acres of land located along the west side of Coppell Road, along the north and south side of Ruby Road. Mayor Pro Tem Robertson filed a Conflict of Interest with the City Secretary and abstained from discussion or voting on this item. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council indicating that this item would require a 3/4 vote and with the absence of Councilmember Mayo and conflict of Mayor Pro Tem Robertson, there could be no vote on this matter at this meeting; and that the Applicant had asked to have the hearing continued until the June 28, 1994 City Council meeting. 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. Barbara Schmidt, 125 Whispering Hills Drive; Mary Evelyn Mobly, 709 South Coppell Road; Ann McNear, 456 W. Bethel; and Barbara Bailey, 232 Plantation all spoke in favor of a LI zoning. Mayor Morton indicated that the Public Hearing would be held open and continued until the June 28, 1994 City Council Meeting. 15. PUBLIC HEARING: To consider approval of a zoning change, Case #ZC-553(CHt from TH-l, MF-I and MF-2 to any appropriate zoning district classification, including, but not limited to, SF-7, SF-9, SF-12, SF-18, SF-ED, MF-1 and/or O, on approximately 50 acres of land located on two tracts, Tract A located along the east side of MacArthur Boulevard, north of the TU Electric right-of-way line on a total of approximately 30 acres of land. Tract B, approximately 20 acres, is located along the east side of MacArthur Boulevard, approximately 500 feet north of Riverchase Drive and southeast of the TU electric right-of- way line; more particularly described in the Dallas County Records as Abstract #1442; tracts 2.2, 6.1, 1, and 5.1. 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. Art Hewett, 8440 Walnut Hill Lane, and Dennis Winzeler, representing Vista CM061494 Page 6 of 12 Properties, Inc., 5950 Berkshire Lane, spoke against the proposal. He then asked for those persons wishing to speak in favor of this proposal. Pat Keenan, 412 Wellington; Pat Moriarty, 156 Meadowglen Circle; Paul Shea, 259 Tealwood Drive; Chuck Sturges, 132 Newport Drive; and Barbara Bailey, 232 Plantation spoke in favor of this zoning change. Councilmember Stahly requested that this item be divided and that Tract A and Tract B be discussed and acted upon separately, with Tract B being discussed first. Mr. Sieb informed the Council that written opposition had been received on this item and that a 3/4 vote would be required to change the zoning. Councilmember Stahly moved to close the Public Hearing as to Tract B and maintain the zoning of MF-2 on Tract B, being approximately 20 acres located on the east side of MacArthur Boulevard approximately 500 feet north of Riverchase Drive and southeast of the TU Electric Right-of-Way Line. Mayor Pro Tern Robertson seconded the motion; the motion carried 5-1 with Mayor Pro Tern Robertson and Councilmembers Alexander, Stahly, Watson, and Sheehan voting in favor of the motion and Councilmember Reitman voting against the motion. Councilmember Stahly moved to hold the Public Hearing open on Tract A and take the matter under advisement until August 9, 1994 and that a moratorium on construction be placed on Tract A until August 9, 1994. Councilmember Sheehan seconded the motion; the motion carded 6-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Stahly, Watson, Reitman, and Sheehan voting in favor of the motion. 16. To consider approval of an ordinance for Case #ZC-553fCH) to change the zoning from TH-l, MF-1 and MF-2 to. any appropriate zoning district classification, including, but not limited to, SF-7, SF-9, SF-12, SF-18, SF-ED, MF-1 and/or O, on approximately 50 acres of land located on two tracts, Tract A located along the east side of MacArthur Boulevard, north of the TU Electric right-of-way line on a total of approximately 30 acres of land. Tract B, approximately 20 acres, is located along the east side of Mac. Arthur Boulevard, approximately 500 feet north of Riverchase Drive and southeast of the TU Electric right-of-way line; more particularly described in the Dallas County Records as Abstract #1442; tracts 2.2, 6.1, I and 5.1, and authorizing the Mayor to sign. This item was not considered. 17. PUBLIC HEARING: To consider approval of a zoning change, Case #ZC-562{CI-B, as outlined by Section 44-2 of the Coppell Zoning Ordinance. Section 44-2 regulates any amendment, supplement, or change to the boundaries of zoning districts. This public hearing has been called to consider a change in zoning from LI (Light Industrial) and R (Retail) to any appropriate zoning district classification, including, but not limited to, SF-7, SF-9, SF-12, SF-18, SF-ED, HC, FP and/or MF-1. The property is generally described as follows: containing approximately 200 acres and located east of Highway 121 and north of Denton Creek, extending east to the property commonly known as the "Magnolia Property," north to the Coppell city limit line, and as shown on the attached map. 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. Patrick Keenan, 412 Wellington; Pat Moriarty, 156 Meadowglen Circle; Robert Payne, 4316 Arcody Street, Dallas; and Roy Wilshire, 12660 Coit Road, Dallas spoke against this zoning change. The Mayor then asked for those persons wishing to speak in favor of this proposal. There were none. Councilmember Reitman moved to close the Public Hearing and not accept the recommendation of the Planning and Zoning Commission. Councilmember Watson seconded the motion; the motion carded 6-0 with Mayor Pro Tern Robertson and CM061494 Page 7 of 12 Consideration and approval of Ordinance amending Article 1-9 of the Code of Ordinances of the City of Coppell amending the records management program and establishing regulations pertaining to the preservation, protection, storage, use and disposition of City records, and authorizing the Mayor to sign. Je Consideration of a variance from Section 10-5-4 B (1) of the Coppeli Sign Ordinance which limits temporary banner signs to one banner two times per calendar year with a maximum of 14 days for each permit issued, and the requirement that such a sign be down at least 30 days between each permit issued. This request is made by Marcy Hempel, on behalf of the Rejoice Lutheran Church, to allow two 3 x 8 banner signs reading "Pumpkin Patch" to be displayed on the church property at 528 E. Sandy Lake Road from September 1, 1994 through October 31, 1994. Councilmember Mayo moved to approve Consent Agenda Items A, B carrying Resolution No. 080994.1, C carrying Resolution No. 080994.2, D carrying Ordinance No. 94659, E carrying Ordinance No. 91500-A-64, F carrying Ordinance No. 91500-A-65, G carrying Ordinance No. 91500-A-66, H carrying Ordinance No. 91500-A-67, I carrying Ordinance No. 94660 and J. Councilmember Alexander seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. PUBLIC HEARING: Consideration and approval of a zoning change, Case #ZC-553(CHI from TH-1 and MF-1 to any appropriate zoning district classification, including, but not limited to, SF-7, SF-9, SF-12, SF-18, SF-ED- MF-1 and/or O, on approximately 30 acres of land located on two tracts; Tracts A-1 and A-2 situated along the east side of MacArthur Boulevard; north of the TU Electric right-of-way line. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council and stated that this Public Hearing remains open from the June 14, 1994 City Council Meeting. Councilmember Stahly moved to continue the Public Hearing until the September 13, 1994 City Council Meeting. Councilmember Sheehan seconded the motion; the motion carried 6-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. PUBLIC HEARING: Consideration and approval of PD-133. Coppeli 200 South Addition, zoning change from LI (Light Industrial) and HC (Highway Commercial) to PD (Planned Developmen0, HC (Highway Commercial) and FP (Flood Plain), located west of Denton Tap Road; approximately 800 feet north of Denton Creek, at the request of Dowdey, Anderson & Associates, Inc. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Morton opened the Public Heating and asked for those persons wishing to speak against this proposal. Patrick Keenan, 412 Wellington, spoke against this proposal. The Mayor then asked for those persons wishing to speak in favor of this proposal. Bill Anderson with Dowdey, Anderson & Associates, representing the owners of the property, spoke in favor of this proposal and answered questions of Council. After lengthy discussion, Mayor Pro Tern Robertson moved to close the Public Hearing and approve a conceptual plan for PD133, Coppell 200 South Addition, zoning change from LI (Light Industrial) and HC (Highway Commercial) to PD CM~ Page 3 of 6