CC approval of ORD 10/11/94'T'h~ ~ With ^ I~lif¢ Futur8
CITY COUNCIL MEETING:
AGENDA REQUEST FORM
October 11, 1994
ITEM # J~_
ITEM CAPTION:
Consideration and approval of an Ordinance for ZC-569(CH), changing
the zoning from A (Agriculture) to LI (Light Industrial)on 3.79 acres
of property located along the north side of E. Beltline Road, in close
proximity to the existing eastern City limit line, and authorizing the
Mayor to sign. ~ e~.,.~/'NII/'m~ /d ~ C'~
ST~FF CO~ENTS: ' q
Date of P&Z Meetinq: September 15, 1994
Decision of Commission: Approval (5-0) with Commissioners Lowry,
Wheeler, Thompson, Tunnell and Redford voting in favor of changing the
zoning to LI (Light Industrial). None opposed. Commissioner
Hildebrand was absent. One vacancy occurs.
STAFF RECOMMENDATION
EXPLANATION:
Approval ~
Denial
When property is annexed into the City, it annexes in as A
(Agriculture). Changing the zoning to LI (Light Industrial) is
consistent with the zoning of this area.
BUDGET AMT.$ ~
FINANCIAL COMMENTS:
AMT. EST.$
+/- BUD:$
FINANCIAL REVIEW:
Agenda Request Form - Revised 1/94
CITY MANAGER REVIEW:
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ~ ~D0- A -7 0
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 'A" (AGRICULTURAL) TO
"LI' (LIGHT INDUSTRIAL) ON A 3.79 ACRE TRACT OF LAND LOCATED
ON THE NORTH SIDE OF BELT LINE ROAD BETWEEN THE TRINITY
RIVER CROSSING AND THE INTERSECTION OF FAIRWAY DRIVE AND
BELT LINE ROAD, COPPELL, TEXAS, 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 Commission 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-569 should be approved, and in the exercise of legislative discretion
have concluded that the Comprehensive Zoning Ordinance and Map 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
"A" (Agricultural) to "LI" (Light Industrial) on a 3.79 acre tract of land located on the north
side of Belt Line Road, between the Trinity River crossing and the intersection of Fairway
Drive and Belt Line Road, Coppell, Texas, 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. That all provisions of the Comprehensive Zoning Ordinance of
the City of Coppell, Texas, in conflict w/th 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. 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 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. 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. 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
2
effect for this purpose.
SECTION 7. 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 /~~ , 1994.
APPROVED:
RTON, MAYOR
ATTEST:
LIND~ GRAU, ACTING CITY SECRETARY
APPROVED AS TO FORM:
I~ETER G. SMITH, CITY ATI'ORNEY
(PGS/jd October 4, 1994)
3
EXHIBIT
BEING the remainder of a tract of land situated in the City of Coppell, Dallas County,
Texas, out of the SINGLETON THOMPSON SURVEY, ABSTRACT NO. 1493, as
recorded in Volume 79215, Page 1350, and being more particularly described by metes and
bounds as follows:
COMMENCING at a steel rod in the North line of a 16.48 acre tract as described in the
aforementioned Volume 79215, Page 1350, being South 80' 38' West, a distance of 612.30
feet from the Northeast corner of said SINGLETON THOMPSON SURVEY, ABSTRACT
1493, said point being also the Northwest corner of a 4.50 acre tract of land out of said
Volume 79215, Page 1350, as recorded in Volume 83139, Page 3247;
THENCE North 89° 38' East along the North line of said 16.48 acre tract, a distance of
358.82 feet to a POINT OF BEGINNING;
THENCE along the East line of said 4.50 acre tract, South, a distance of 641.01 feet to a
point for corner common to the Southeast corner of said 4.50 acre tract of land, the
southerly line of the tract of land as recorded in Volume 79215, Page 1350, and the North
right-of-way line of the St. Louis and Southwestern Railroad;
THENCE following the North fight-of-way line of said railroad, South 85° 50' East, a
distance of 254.20 feet to a point for corner in the East line of the SINGI.ETON
THOMPSON SURVEY, ABSTRACT 1493;
THENCE with the East line of said Thompson Survey, North, a distance of 662.00 to a
point for corner, said point being common to the Northeast corner of said SINGI.ETON
THOMPSON SURVEY, ABSTRACT 1493, the Northwest corner of the J. M. KENNEDY
SURVEY, ABSTRACT 741 and the Southwest corner of the P. WrIT SURVEY,
ABSTRACT 1566;
THENCE along the North line of the aforementioned 16.48 acre tract, South 89° 28' West,
a distance of 253.53 feet to the POINT OF BEGINNING and containing 3.793 acres of
land, more or less.
EXHIBIT "A" AOC, O~ED$
CUT'rlNGI-IAM
BELT LINE ROAD
EXHIBIT "A"
P. O.B. ~ s .~'~.' w
253.52,'
2__~.2o'
SCALE: 1' - 500'
EXHIBIT "A (2)"
Village Academy, a day care center on Lot 3-A, located at the northwest
corner of Sandy Lake Road and MacArthur Boulevard, at the request of The
Nelson Corporation.
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. Craig Curry, with Nelson Corporation representing the
Applicant, addressed the Council's question regarding EMF concerns. Councilmember Reitman
moved to close the Public Hearing and approve Lakeside Village Addition, Replat of part of
Lots 2 and 3, to allow the operation of Lakeside Village Academy, a day care center on Lot
3-A, located at the northwest comer of Sandy Lake Road and MacArthur Boulevard with the
following conditions: 1) there be added solid living landscaping along the west side of the
property; 2) the applicant needs to abide by the Streetscape Ordinance; 3) a left-turn lane needs
to be constructed to service the northern driveway; 4) a sewer line must be constructed from
MacArthur Boulevard to the western property line along the northern side of the property
[construction plans will be required]; 5) escrow will be required for Sandy Lake Road at the
time a permit is pulled for Lot 3B; and 6) all information concerning this site will be required
to be submitted to the City on computer diskette compatible with the City's computer.
Councilmember Stahly seconded the motion; the motion carried 5-1 with Mayor Pro Tem
Robertson and Councilmembers Alexander, Stahly, Reitman, and Sheehan voting in favor of the
motion and Councilmember Watson voting against the motion.
12.
PUBLIC HEARING: Consideration and approval of ZC-$68~ Riverbend
Estates, zoning change from R (Retail) to SF-9 (Single Family-9), to allow the
development of a single family residential subdivision to be located at the
north side of Bethel Road, west of Denton Tap Road, between the abandoned
Bethel School Road and Coppell Road, at the request of GDI and Associates,
Inc.
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. Jim Brisco, the Developer, addressed the Council and
stated he would put a noise stipulation in his plat. After lengthy discussion, Mayor Pro Tern
Robertson moved to close the Public Hearing and deny ZC-568, Riverbend Estates, zoning
change from R (Retail) to SF-9 (Single Family-9). Councilmember Watson seconded the
motion; the motion to deny carried 6-0 with Mayor Pro Tern Robertson and Councilmembers
Alexander, Stahly, Watson, Reitman, and Sheehan voting in favor of the motion.
Item 13 was considered at this time.
Councilmember Reitman moved to reconsider Item 12. Councilmember Stably seconded the
motion; the motion carried 5-1 with Councilmembers Alexander, Stably, Watson, Reitman, and
Sheehan voting in favor of the motion and Mayor Pro Tem Robertson voting against the motion.
Richard Tucker, representing the Developer, addressed the Council regarding the layout of the
parcel in question. After lengthy discussion, Councilmember Reitman moved to reopen the
Public Hearing and hold open until the December 13, 1994 City Council meeting.
Councilmember Stahly seconded the motion; the motion carried 6-0 with Mayor Pro Tern
Robertson and Councilmembers Alexander, Stably, Watson, Reitman, and Sheehan voting in
favor of the motion.
13.
PUBLIC HEARING: Consideration and approval of ZC-569(CH) zoning
change from A (Agriculture) to any appropriate zoning district classification,
including, but not limited to, SF-7, SF-9, SF-12, SF-18, SF-ED, HC, and/or
CM101194
Page 5 of 8
LI on 3.79 acres of property located along the north side of E. Beltline Road,
in close proximity to the existing eastern City limit line.
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 Pro Tem Robertson moved to close the Public
Hearing and approve ZC-569 zoning change from A (Agricultural) to LI (Light Industrial) on
3.79 acres of property located along the north side of E. Beltline Road and also to approve
Ordinance No. 91500-A-70 setting out said zoning change. Councilmember Reitman seconded
the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers
Alexander, Stahly, Watson, Reitman, and Sheehan voting in favor of the motion.
14.
Consideration and approval of an Ordinance for ZC-569(CH), changing the
zoning from A (Agriculture) to LI (Light Industrial) on 3.79 acres of property
located along the north side of E. Beltline Road, in close proximity to the
existing eastern City limit line, and authorizing the Mayor to sign.
This item was approved in the motion made for Item 13 above.
15.
PUBLIC HEARING: Consideration and approval of ZC-570(CID zoning
change from A (Agriculture) to any appropriate zoning district classification,
including, but not limited to, SF-7, SF-9, SF-12, SF-18, SF-ED, HC, and LI
on 1.06 acres of property located along the west side of Denton Tap Road,
north of Highland Road (in Lewisville).
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. There were none. He then asked for those persons wishing to speak in favor of
this proposal. Again, there were none. Mayor Pro Tern Robertson moved to close the Public
Heating and approve ZC-570 zoning change from A (Agricultural) to HC (Highway
Commercial) on 1.06 acres of property located along the west side of Denton Tap Road, north
of Highland Road (in Lewisville) and also to approve Ordinance No. 91500-A-71 setting out said
zoning change. Councilmember Alexander seconded the motion; the motion carried 6-0 with
Mayor Pro Tern Robertson and Councilmembers Alexander, Stahly, Watson, Reitman, and
Sheehan voting in favor of the motion.
16.
Consideration and approval of an Ordinance for ZC-570(CH), changing the
zoning from A (Agricultural) to HC (Highway Commercial) on 1.06 acres of
property located along the west side of Denton Tap Road, north of Highland
Road (in Lewisville), and authorizing the Mayor to sign.
This item was approved in the motion made for Item 15 above.
17.
Consideration and approval of Village at Cottonwood Creek, Section
Preliminary Plat, located north and east of Coppell Road; south of Minyard
Drive, at the request of Tipton Engineering, Inc.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Mayor Pro Tem Robertson moved to approve Village at Cottonwood Creek, Section V,
Preliminary Plat, located north and east of Coppell Road; south of Minyard Drive with all
conditions being met to the satisfaction of Staff. Councilmember Alexander seconded the
CM101194
Page 6 of 8