CC approval of ORD 6/22/93 .. ~-C77. /T-. CITY COUNCIL MF..ETING 22, 1993 ITEM NUMBER
..TJl-'~
ITEk{ CAPTION:
To consider approval of an ordinance for Case t ZC-547 to change the zoning designation
from (SF-12) to (C) Commercial on a parcel of land located at the northeast corner of
Sandy Lake Road and Noore Road, and authorizing the liayor to sign.
.~,rec~s OTHER REP.:
EVALUATION OF ITEM: DATE:
Date of Council Heeting: tpril 13, 1993
Decision of City Council:Approval (5-1)
Please see attached site plan and minutes for further details.
BUDGET AMT. N/A AMT. ES'rlMA'I'FA) ~
AMT +/- BUDGET FINANCIAL REVIEW BY ~ --
COMMENTS:
LEGAL REVIEW BY: REVIEWED BY CM: /
April 30th and May 1st and 2nd, 1993 at the High School, and authorizing the
Mayor to sign.
Angelo Vacarro made a presentation to Council. A discussion was held regarding the cost
of police officers and whether the City or the FunFest group will pay for the officers. The
YMCA will pay the cost of overtime officers. Mayor Pro Tern Smothermon moved to
approve Resolution No. 041393.1 waiving the permit fees, but not safety regulations or
inspections for Coppell Celebrates, Inc., for a FunFest to be held April 30th and May 1st
and 2nd, 1993 at the High School. Councilman Robertson seconded the motion; the motion
carried 6-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton,
Robertson and Garrison voting in favor of the motion.
10. PUBLIC HEARING: To consider approval of a zoning change, Case #PD-130
(Austin Place), from (SF-12) Single-Family-12 to (PD-SF-7) Planned Development
Single-Family-7, located 250' north of Sandy Lake Road, along the east side of
.Moore Road, at the request of Barbara Austin.
Gar.,' Sieb, Director of Planning and Community Services, made a presentation to the
Council stating that Planning & Zoning recommended approval with the condition that (1)
landscaping should be developed as shown on the PD plan, and (2) this development be
maintained by a Homeowners Association. Barbara Austin, owner and applicant, also
made a presentation to council. George Gibson representing the owner also made
comments to the Councll regarding saving of trees, fronting of property on Moore Road,
gas easement, size of lots and drainage. Bill Anderson was also present to answer questions
of Council. 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. Councilman Robertson moved to approve a zoning change, Case #PD-130
(Austin Place), from {SF-12) Single-Family-12 to (PD-SF-7) Planned Development Single-
Family-7, located 250' north of Sandy Lake Road, along the east side of Moore Road with
the conditions that landscaping should be developed as shown on the PD plan and that this
development be maintained by a Homeowners Association. Councilman Morton seconded
the motion; the motion carried 5-1 with Mayor Pro Tern Smothermon and Councilmen
Weaver, Morton, Robertson and Garrison voting in favor of the motion and Councilman
Thomas voting against the motion.
11. PUBLIC HFARING: To consider approval of a zoning change, Case #ZC-547, from
(SF-12) Single-Family-12, to (C) Commercial, located at the northeast corner of
Moore Road and Sandy Lake Road, at the request of Barbara Austin.
Gary Sieb, Director of Planning and Community Development, made a presentation to the
Council stating that Planning & Zoning recommended approval. Mr. Sieb stated that when
the plat comes in, there will be a twenty-five foot right-of-way dedication on Sandy Lake
Road and there will be a right-of-way dedication on Moore Road. 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.
Councilman Robertson moved to approve zoning change, Case #ZC-547, from (SF-12)
Single-Family-12, to (C) Commercial, located at the northeast corner of Moore Road and
Sandy Lake Road. Mayor Pro Tem Smothermon seconded the motion; the motion carried
5-1 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Robertson and
Garrison voting in favor of the motion and Councilman Thomas voting against the motion.
12. PUBLIC HEARING: To consider approval of a replat of Shadydale Acres, Block
B, Tract 6, located at the northwest corner of Shadydale Lane and Shady Oak Lane,
CM041393
Page 3 of 7
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. c), / .S"L'~ -/~ ~_~...
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 ORDINANCE 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 otherwise, 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 Barbara Austin, No. ZC-547, 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 property hereinafter described, a new zoning district classification, to
wit: "C" Commercial District Classification.
Said property being described as follows:
BEING a parcel of land containing 2.846 acres, more or less,
described by heres and bounds on Exhibit "A" attached hereto
and made a part hereof and being located at the northeast
corner of Moore Road and Sandy Lake Road. Said property
also being shown on the plat attached hereto as Exhibit "B".
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 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, 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 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 ~'~x.~'~ ,1993.
APPROVED:
MAYOR
AFl-EST:
/~ .~-7'. CITY SECRETARY
APPROVED AS TO FORM:
ORNE
CZ93-0609
LEGAL DESCRIPTION
BEING a tract of land situated in the S.M. Hiatt Survey,
Abstract No. 638 in the City of Coppell, Dallas County, Texas and
being more particularly described as follows:
BEGIt~ING at a point for corner on the north line of Sandy
Lake Road (a 60 foot right-of-way) and the east. line of Moore Road
(a variable width right-of-way) as recorded in Volume 84088, Page
3757 of Deed Records of Dallas County, Texas.
THENCE N. 0o53'57" E., 250.09 feet along the east line of
Moore Road to a point for corner;
THENCE ~. g9c20'55'' E. , 494.!1 feet to a ooint for corner;
THENCE S. 0°06'03'' W., 250.02 feet along the west line of the
Food Lion Store tract to a point for corner;
THENCE S. 89o20'55" W., 497.60 feet along the north line of
said Sandy Lake Road to the Point of Beginning and containing 2.846
acres 123.972 square feet) of land.
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, Item9).
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 corner 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 (TC) to (PD-SF-9) on a parcel of land located at the southwest
corner 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 (TC) 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 corner of Parkway Boulevard and Heartz Road
(Tract I); the northeast corner of Parkway Boulevard and Denton Tap Road (Tract
2); and northwest o£ 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 Tern 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. 9i500-A-34,
H carrying Ordinance No. 91500-A-36, I and J. Councilmember Garrison seconded the motion;
the m~tion carried 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 Tem 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 Tem Robertson
moved to approve Item 19 F carrying Ordinance No. 91500-A-36. 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 Tern Robertson and Councilmembers
Stahly, 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
A'FTEST:
Dorothy Timmons, City Secretary
CM062293
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