CC approval on 10/11/94CITY COUNCIL MEETING:
AGENDA REQUEST FORM
October 11, 1994
ITEM
ITEM CAPTION:
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 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.
SUBMITTEd: Gary L. Sieb
TITLE: Director of Planning & Co~. Services INITIALS~
STAFF CO~ENTS:
Date of P&Z Meetinq: September 15, 1994
Decision of Commission: Approval (5-0) with Co~issioners 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
Approval
Denial
EXPLANATION:
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~
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE #: ZC-569 (CH).
P & Z HEARING DATE: September 15, 1994
C. C. HEARING DATE: October 11, 1994
LOCATION:
North side of East Beltline Road, close to the eastern City Limit
line
SIZE OF AREA:
3.79 acres
CURRENT
ZONING:
A, Agriculture
REQUEST:
A called hearing to determine appropriate zoning on land that has
been recently annexed into the City of Coppell
APPLICANT:
HISTORY:
TRANSPORTATION:
Planning Commission authorized public heating
This property was (re) annexed into the city in the spring of 1994.
There has been no recent zoning or subdivision activity on this
parcel, although the Long Branch Country Club S.U.P.
(Restaurant) was zoned as such in February of 1992.
Beltline Road is an improved P6D, six land divided thoroughfare
which runs east-west south of this property.
SURROUNDING LAND USE & ZONING:
North - golf course; SF-12 S.U.P.
South - vacant land; LI
East - private club; LI- S.U.P.
West - concrete company; LI
Item 9
COMPREHENSIVE PLAN:
The Comprehensive Plan shows multi-family residential
uses as most appropriate here.
ANALYSIS:
This application is a Planning Commission called public hearing to
determine proper zoning on land that has recently been (re)
annexed into the City. Because of a settlement agreement
regarding a lawsuit between the City and Johnny Thompson, and
a question which was raised during that suit relative to the
annexation of Mr. Thompson's land, the City agreed to re-annex
the Thompson tract. Once the annexation procedure was complete
(in the summer of 1994), the City was obligated to place a
permanent zoning on the subject property. As you all know, when
land is annexed into the City it comes in as (A) Agriculture.
Realizing that this parcel is not used for Agriculture purposes, but
also recognizing that there are a number of non-conforming uses
on the land (see attached correspondence), staff would recommend
that the zoning which best suits this tract is LI. We come to this
conclusion for a variety of reasons:
-all of our zoning records reflect LI zoning on this parcel
(whether annexed or not)
-in discussions with the Comprehensive Planning
Committee it was felt that LI zoning best relates to the
railroad track and six-lane divided roadway immediately
south of the subject property
-any zoning proposed for this parcel will result in some
non-conformity--we have residences and industrial uses on
the property which are not recognized in any common
zoning category of our ordinance
ALTERNATIVES:
1) Approve the proposed zoning
2) Deny the proposed zoning
3) Modify the proposed zoning
ATTACHMENTS: 1) map of annexed area
2) settlement agreement with map
I
~ELT
P.O.B.
LINE ~CAC'
June 3, 1994
Johnny Thompeon
1780 ~ Bettline
Coppell, Te~ca~ 7~310
lie: Settlement Agreement and Thompson Homestead
Ilursuant to our meeting on Tuesday, May 24, l g g4, I am writing to confirm the
ongo~ projects whloh you currently have located on your homestead property located
at 17801 East BeEline wllhin the City of Coppell, Texas.
IIk~auant to the Settlement Agreement which the City executed with you in
Februaly of 1994, thle ielter will serve to ccN~fi~ that the City has undertaken to reannex
your Wllperty to clear up any queetions about the Ioca~on of your property within the City
el Col:l~. We reco0Rl'ze that there has been a controversy between yourself end the
City relllm~ing ~ or not your homestead was properly annexed within the City of
Coppeil. 81rice the I:mrties have settled this matter and the City does not wish to
undertllk® any further controversy with you regarding this subject, we are writing to
cx:,"tfi~ that the current projects undertaken on your property will be grar~. _athere?. as
no~ing u~e~ upon the reannexation of the property into the City et uoppefi.
~lY thll letter the parties do not admit that any previous annexatlo .ns were, improper.
Ttx)ee i~tatters have been covered by the Settlement Agreement ano woum serve no
ltllld upon our understanding we have attached a copy of the map concerning
the al~ro~ Iooallen of the construction projects which are currently ongoing at the
above adclrm~. We have taken the liberty to redraw the map and number each of the
conatruction projectl m follows:
1. Thompeon Equipment Shop;
2. Daugl~er'$ frame house;
3. Son'l frame house;
Johnny Thompson
June 3, 1994
Page -2-
4. Father'e manufactured home;
5. Your homestead along with the garage, den and ante room;
6. The swimming pool located immediately north of homestead site; and
A circular driveway connecting into the road, north of the railroad tracks,
serving your property.
W~h reepe~ to I~iding No. 1, it is our understanding that you are undertaking to
repair and perform miner reconstruction of the structure, roof and Interior of the shop.
Under the terms of our ,a~'eernent, you shall be permitted to finish the reconstruction and
repair work on the she9 in conformance with City Safety and Health Codes.
With respect to building No. 2, you shall be able to finish the pad and driveway
sewtcing that pad ~i~ and erect thereon a wood frame house which is being moved to
that alta for occupam=y by a member of your family.
With reepec~ to building No. 3, you shall be allowed to finish the repairs in
oonforn~l~ with C#y ~fety and Health Codes.
With reskoect to buik:#ng No. 4, the manufactured home shall constitute a non-
conforming ues. ~ manufactured home is currently being o(x~pled by your father and
will continued to be coeupied by your father during his natural life. The parties did not
make any agreerner~ oenceming the removal of the home thereafter or anytime in the
~, tx3wever, ~ laeue will need to be addressed.
With rew3e~ to your personal homestead, building No. 5, you shall be allowed to
finish the oonstru~on ef the ming, exterior finish and roof on a garage designated as
Ho. 5a on the enctoasd map, which is attached to the western portion of the homestead.
Further. you shell be ~ to complete the construction on the ante room, deeignated
aa No. 513, located at the immediate east end of the homestead. It is our understanding
that there has been tome minor construction of connecting beams w~ appear on the
easl~m portion o~ your house in which the ante room will be finished. NI reconstruction
and repair will exceed the minimum required under the Federal Emergency Management
Agencl~ Flood~ blap. It is also our understanding that all construction is
appr~ at 44~.8 feet which is sufficiently above the minimum required in order to
cernply with the regula&3ns.
With regard to oonstruction site No. 6, it is our understanding that you wish to
~ a flbergla~ ~ swimming pool immediately north of your homestead with
al3~0~3~lal~ fenc31ng and security to be done in conformance with applicable City
Ordinancea.
~ regard to N~. 7, you desire to grade and finish the circular driveway located
at the front of your 1'#3meatead and which connects to the road servicing the front of your
property ju~ m:xth of the railroad crossing.
# you are in agreem~ with the above terms and conditions, please execute on
the ~ block provided below and return the original to me.
Thank you for your attention to this matter.
Very truly yours,
Jim W'~t, City Manager
City of Coppea, Texas
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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 corner 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 Stably seconded the motion; the motion carried 5-1 with Mayor Pro Tem
Robertson and Councilmembers Alexander, Stably, Reitman, and Sheehan voting in favor of the
motion and Councilmember Watson voting against the motion.
12.
PUBLIC HEARING: Consideration and approval of ZC-568, 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 Tem
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 carded 6-0 with Mayor Pro Tem Robertson and Councilmembers
Alexander, Stably, 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 Stahly seconded the
motion; the motion carried 5-1 with Councilmembers Alexander, Stahly, 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 Heating and hold open until the December 13, 1994 City Council meeting.
Councilmember Stahly 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.
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
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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 Tern 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 Tern 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(CIB 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 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-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 carded 6-0 with
Mayor Pro Tem 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 V,
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
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