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CC approval of ORD 6/22/93'"/~/",--"-'" COl,lSElfr ~.c,~,,^~,~.~. AGENDA REQUEST FORM CITY COUNCIL MEETING limo 22, 1993 ITEM NUMBER ITEM CAPTION: To consider an ordinance fi~r Case #ZC-545(A) to change the zoning d~ignation from (MF-2) and (SF-12) to (SF-7) and (SF-9), on a parcel of land located ahmg the west side of Harris Street, north of Dakota Lane, and authorizing the Mayor to sign. SUBMi'I'FED F (Dir~tor's .'r~.nature) ~. j' ·, OTHER REP.: DATE: ,, n~- m,,'~ ~ ~Cm ' --97~r ' EVALUATION OF ITEM: gt ,~'LY?~7~ d t? ;~ ~t ', [~1 . t-~i ~ , L~ '~- ' .,.,~, ~,fi.~ rote of Cou~cn m~ti.~: ~r~h ~, ~ E;":' ~L >~. ~.~ D.isionofCityCounci'l:Approval (4-2) C,TY Cc}UNCIL t [ (j ~.~N DATE .... Pl~se s~ attached site plan and minut~ fiw further details. / / ~ ' ~~ ../ AMT. +/- BUDGET FINANCIAL REVIEW BY COMMENTS: LEGAL REVIEW BY: REVIEWED BY CM: ~ moti~,~ carried 6-0 ~ilh Nlavor Pro Tern Smothermon and Councilmen ~,Veaxer. Tho,n:~. Nh,,'lon. Mayo and Robertson ;otin,.l' in favor of tile motion. 10. PUBLIC IIEARING: To consider approval of a zoning change request, Case #S-I063. ICiCi's Pizza). from tC) Commercial to (C-SUP) Commercial Special Use Permit. to allow the operation of a restaurant, located at 700 E. Sandy Lake Road. Suite #I01, Georgetown Plaza Shopping Center, at the request of CiCi's Pizza. Gary Slob. Director of Planning and Community Services, made a presentation to the Council. Mike Talleson, Applicant also made a presentation to the Council. Mayor Wolfe opened the Public Hearing and asked for those persons wishing to speak against this proposal. There were none. tie then asked for those persons wishing to speak in favor of this proposal. Again, there were none. Mayor Wolfe then closed the Public ttearing. Following discussion, Councilman Robertson moved to approve a zoning change request, Case #S-1063, (CiCi's Pizza), from (C) Commercial to (C-SUP) Commercial Special Use Permit, to allow the operation of a restaurant, located at 700 E. Sandy Lake Road, Suite #101, Georgetown Plaza Shopping Center with signage to meet all requirements of sign ordinance.. Mayor Pro Tem Smothermon seconded the motion; the motion carried 6-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Mayo and Robertson voting in favor of the motion. 11. PUBLIC HEARING: To consider approval of a zoning change, Case #ZC-545(A) - (Round Oak Estates), from (SF-12) Single-Family-12 and (MF-2) Multi-Family-2, to (SF-9) Single-Family-9 and (SF-7) Single-Family-7, located north of Bethel School Road, along the west side of Harris Road, at the request of Matthews Southwest. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council and stated that if Staff were to approve this item, there would be four conditions (1) that the turnaround at Kaye Street dead end be acceptable to the Fire Department; (2) that the existing dedication would have to be abandoned; (3) that the houses be sprinklered; and (4) that the Applicant would plan the subdivision so as to avoid drainage problems. Tim House, Applicant, also made a presentation to the Council and stated that all houses · will be a minimum of 1,800 square feet. Mayor Wolfe 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 Wolfe then closed the Public Hearing. Following discussion, Councilman Robertson ,~ moved to approve zoning change, Case #ZC-545(A) - {Round Oak Estates), from (SF-12) ! Single-Family-12 and (MF-2) Multi-Family-2, to (SF-9) Single-Family-9, located north of -~'~ Bethel School Road, along the west side of Harris Road, excluding that all houses of ] Round Oak Estates be required to be sprinklered, but keeping the first condition that the _, cul-de-sac be approved by the Fire Department as requested. Councilman Morton seconded ~ the motion; the motion carried 4-2 with Mayor Pro Tem Smothermon and Councilmen J Thomas, Morton, and Robertson voting in favor of the motion and Councilmen Weaver and :i Mayo voting against the motion. '.i 12. Consider approval of a preliminary plat of Round Oak Estates, located ~ approximately 450' north of Bethel School Road, along the west side of Harris Road, · ~ at the request of Matthews Southwest. Gary Sieb, Director of Planning and Community Services, made a presentation to tb.e Council stating the conditions that were placed on this item by the Planning and Zoning Commission. (1) no alley requirement; (2) cul-de-sac length exceeding 600 feet; (3) allowance for less than standard minimum street centerline radius and (4) drainage, sanitary sewer, water access, turn-around design, etc. all meet City guidelines. Following discussion, Councilman Robertson moved to approve a preliminary plat of Round Oak CM030993 Page 3 of 7 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 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 ORDINguNCE 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 other,vise, 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 Matthews Southwest, No. ZC-545-A, 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 properties hereinafter described, new zoning district classifications, to wit: TRACT 1: "SF-9" Single Family Residential District Classification. Said property being described as Tract 1 on Exhibit "A" attached hereto and shown on the plat attached as Exhibit "C" all made a part hereof for all purposes. TRACT 2: "SF-7" Single Family Residential District Classification. Said property being described as Tract 2 on Exhibit "B" attached hereto and shown on the plat attached as Exhibit "C" all made a part hereof for all purposes. 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 xvhole. 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 ~ day of z.-x.~ ,1993. MAYOR ATYEST: ,,~.s~?-, CITY SECRETARY APPROVED AS TO FORM: CZ93-0610 ZC-545 (/ METES AND BOUNDS 4.2656 ACRE TRACT BEING a tract of land situated In the James W. Anderson Survey Abstract No. 18, in the City of Coppell, Dallas County, Texas; said tract including all of a tract conveyed to Wm. T. Maynard and John T. Maynard as recorded in Volume 79087 Page 3275 DRDCT; said tract being more particularly described as follows: COMMENCING at a point in the centerllne of tiarris Street~ said point being the Northeast corner of Chautauqua Place, an addition to the City of Coppell as recorded in Volume 92{)75 Page DRDCT; Thence South 89°22'55'' West, departing said centerline and along the North line of said Addition~ passing at 3{{ ft. the Norti~west corner of Lot 20 Block A of said Addition, in all a distance of 508.11 ft. to a point for corner on the East line of said Maynard tract for the POINT OF BEGINNING, said point being the Northwest corner of said Chautauqua Place Addition; THENCE South ~0°30'49'' East, along the East line of said Maynard tract and the West line of said Addition, for a distance of ft. to a point for corner, said point being the Northeast corner of Coppell Village, an addition to the City of Coppell as recorded by corrected plat in Volume 81249 Page 1511 DRDCT; THENCE South 89°14'49'' ]Vest, along the South line of said Maynard tract and the North line of said Coppell Village addition, for a distance of 631.37 ft. to a point for corner, said point being the Southwest corner of said Maynard tract; TtIENCE North 00°21'21" ]Vest, departing the North line of said addition, and along the West line of said Maynard tract, for a distance of 126.97 ft. to a point for corn~]--on the South line of Kaye Street; TtlENCE North 89°37'47'' West, along the South line of said Kaye Street, for a distance of 2i).89 ft. to a point for corner; TItENCE North 0{)°05'{)1'' West, departing said South line and passing at 27 ft. the North line of said Kaye Street, in all a distance of 167.09 ft. to a point for corner on the South line of Shadow Ridge Estates, an addition to the City of Coppell as recorded in Volume 8411{) Page 6743 DRDCT, said point also being the Northwest corner of said Maynard tract; THENCE South 89°47'37'' East, along the North line of said Maynard tract and the South line of said addition, for u distance of 651.51 ft. to a point for corner on the West line of said Harris Street Partners ("Partners") tract, said point being an interior Southeast corner of said Shadow Ridge Estates addition; TIIENCE South 00°18'45'. East, departing said South line and along the West line of said Partners tract, for .a distance of 191.84 £t. to the POINT OF BEGINNING and containing 4.2656 Acres or 185,8{t8.8 sq. ft. of land. METES AND BOUNDS SF-7 TRACT BEING a tract of land situated in the James W. Anderson Survey Abstract No. 18, in the City of Coppell, Dallas County, Texas; said tract including all ot a tract conveyed to the City Coppell for street purposes as recorded in Volume 341 Page 677 Deed Records Dallas County, Texas (DRDCT); also including all of a tract conveyed llarris Street Partners as recorded in Volume 87103 Page 1451 DRDCT; said tract being more particularly described as follows: BEGINNING at a point in the centerline of tiarris Street, said point being the Northeast corner of Chautauqua Place, an addition to the City of Coppell as recorded in Volume 92{)75 Page 3450 DRDCT; TIIENCE South 89°22'55" West, departing said centerline and along the North line of said Addition, passing at 3{) ft. the Northwest corner of Lot 2{) Block A of said Addition, in all a distance of 508.11 ft. to a point for corner on the East line of a tract conveyed to Wm. T. Maynard and John T. Maynard as recorded in Volume 79087 Page 3275 DRDCT; said point being the Northwest corner of said Chautauqua Place Addition; THENCE North 0{)°18'45'' West, along the East line of said Maynard tract, for a distance of 191.84 ft. to a point for corner on the West line of said "Partners" tract, said point being an interior Southeast corner of Shadow Ridge Estates, an addition to the City of Coppell as recorded in Volume 8411{) Page 6743 DRDCT, said point also being the Northwest corner of said Maynard tract; THENCE North 00~55'58'' West, along said West line and along an .East line of said addition, for a distanoe of 92.22 ft. to a point for corner, said point being the Northwest corner of said Partners tract and the Southwest corner of the ~indance Subdivision, and addition to the City of Coppell as recorded in Volume 85144 Page 2506 DRDCT; THENCE North 89°22'55'' East, along the North line of said Partners tract and the South line of said subdivision, for a distance of 5{)7.86 ft. to a point for corner on the centerline of said tlarris Street; TtlENCE South 00°33'58" East, along said centerline, for a distance 284.~5 ft. to the POINT OF BEGINNING and containing 3.2415 Acres or 141,199.3 sq. ft. of land. EXF! IBIT ''B'' /,' I ~ ....... ~ .... ~-~ ,~.~' · ~ ] ~, *, ~ -. .. .. / : ,~ / ~. / : I ' "x i I ' ' 'X~l : ' ' -' ' 'Ii .................. - " : ; I ,. ........ ,, , CONSENT AGENDA 19. A. Consider approval of minutes of June 8, 1993 as submitted and corrected minutes of May 11, 1993 (Page 3, Item 10) and May 25, 1993 (Page 2, Item 9). B. Consider approval of recognizing September 11, 1993 as the City of Coppell Consumer Trade Fair sponsored by the Coppell Chamber of Commerce, and waiving permit fees for the installation of banners. C. To consider approval of an ordinance for Case #ZC-547 to change the zoning designation from (SF-12) to (C) Commercial on a parcel of land located at the northeast comer of Sandy Lake Road and Moore Road, and authorizing the Mayor to sign. D. To consider an ordinance for Case #PD-110(A) to amend the original PD site plan on a parcel of land located at 324 Beechwood Lane, and authorizing the Mayor to sign. E. To consider an ordinance for Case #PD-130 to change the zoning designation from (SF-12) to (PD-SF-7), on a parcel of land located 250' north of Sandy Lake Road, along the east side of Moore Road, and authorizing the Mayor to sign. F. To consider an ordinance for Case #ZC-545(A) to change the zoning designation from (MF-2) and (SF-12) to (SF-7) and (SF-9), on a parcel of land located along the west side of Harris Street, north of Dakota Lane, and authorizing the Mayor to sign. G. To consider approval of an ordinance for Case #PD-129(R) to change the zoning designation from crc) to (PD-SF-9) on a parcel of land located at the southwest comer of Parkway Boulevard and Denton Tap Road, and authorizing the Mayor to sign. H. To consider approval of an ordinance for Case #ZC-538 to change the zoning designation from (TC) to (SF-7) on Tract I; from CrC) to (SF-7) on Tract II; and (MF-2) to (SF-12) on Area A of Tract IV, from (MF-2) to (SF-9) on Area B of Tract IV, located at the southeast comer of Parkway Boulevard and Heartz Road (Tract I); the northeast comer of Parkway Boulevard and Denton Tap Road (Tract 2); and northwest of the High School Access Road and north of Parkway Boulevard (Tract 4); and authorizing the Mayor to sign. I. Consideration for approval of Bid #Q-0593-01 for street striping within the City limits to American Striping Company for the sum of $14,300.00 and authorizing the Mayor to sign. J. Consideration for approval of Bid #Q-0693-01 for the purchase and installation of three (3) school zone flashers to Sharrock Electric, Inc. for the sum of $8,258.00 and authorizing the Mayor to sign. Items 19 F and G were pulled and taken up prior to the Mayor's Report. Mayor Pro Tem Robertson moved to approve Items 19 A, B, C carrying Ordinance No. 915'00-A-32, D carrying Ordinance No. 91500-A-33, E carrying Ordinance No. 91500-A-34, H carrying Ordinance No. 91500-A-36, I and J. Councilmember Garrison seconded the motion; the motion carded 5-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stahly, Reitman and Garrison voting in favor of the motion. CM062293 Page 6 of 7 Item 19 F ~ Peter G. Smith, City Attorney, advised the Council that this item is a ministerial function and should be passed. Mayor Pro Tern Robertson moved to approve 19 F carrying Ordinance No. 91500-A-35. The motion died for lack of second. The City Attorney warned the Council of a possible lawsuit if the ordinance is not passed. Mayor Pro Tern Robertson moved to approve Item 19 F carrying Ordinance No. 91500-A-.?~' Councilmember Reitman seconded the motion; the motion carried 5-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stahly, Reitman, and Garrison voting in favor of the motion. Item 19 G - Mayor Pro Tem Robertson moved to approve an ordinance for Case #PD-129(R) to change the zoning designation from (TC) to (PD-SF-9) on a parcel of land located at the southwest comer of Parkway Boulevard and Denton Tap Road. Councilmember Reitman seconded the motion; the motion failed 3-2 with Mayor Pro Tem Robertson and Councilmembers Stably, and Reitman voting in favor of the motion; and Councilmembers Weaver and Garrison voting against the motion. Request was made to place this item on the agenda for the next Council Meeting. There being no further business to come before the City Council, the meeting was adjourned. Tom Morton, Mayor ATI'EST: Dorothy Timmons, City Secretary CM062293 Page 7 of 7