Loading...
CC approval of ORD 12/13/94 AGENDA REQUEST FORM CITY COUNCIL MEETING: January 10t 1995 ITEM # ~/I ITEM CAPTION: Consideration and approval of an Ordinance for ZC-568, Old Coppell Estates, to change the zoning 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 .the Mayor to sign. Road, and authorizing~ SUBMITTE Gary L. SiebD' TITLE: Directo ning & Services INITI~S STAFF CO~ENTS: This zoning change was approved by the City Council at its December 13, 1994, meeting. STAFF RECOMMENDATION Approval ~ Denial EXPLANATION: BUDGET AMT.$~ AMT. EST.$ +/- BUD:$ FINANCIAL COMMENTS: FINANCIAL REVIEW: ~ CITY MANAGER REVIEW:'~ Agenda Request Form - Revised 1/94 ' AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. (~/....;'~O-/~- ~ ~ 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 "R" (RETAIL) TO "SF 9" (SINGLE FAMILY 9) FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITYCLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; 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 Application No. ZC-568 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 "R" (Retail) to "SF 9" (Single Family 9) for the property located at the north side of Bethel Road, west of Denton Tap Road, between the abandoned Bethel School Road and Coppell Road, Coppell, Dallas County, 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 AGG06~T7 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 with 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. An offense committed before the effective date of this ordinance is governed by 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 effect for this purpose. SECTION 6. 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 7. That this ordinance shall take effect immediately from and after AGGO(~T/' 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 /o -- dayof ~~u_~,~ ,1995. APPROVED: TOM MORTON, MAYOR A'i-I'EST: LTIql3'A GRAU, CITY SECRETARY APPROVED AS TO FORM: (PGS/ct 12-15-94) AGG06,.~ ?'/' EXHIBIT "A' LEGAL DESCRIPTION TRACT I PROPERTY DESCRIPTION: Being a tract of land in the J. W. Anderson Survey, Abstract No. 18, Dallas County, Texas and consisting of two tracts of land described in deeds to Baptist Foundation of Texas as recorded in Volume 84250, Page 4390 (1.34 acre tract), and Volume 599, Page 1775, Deed Records, Dallas County, Texas. Said tract is more particularly described as follows: BEGINNING at a 1/2 inch iron found in the north line of Bethel Road, at the southeast corner of said 1.34 acre tract and at the southwest corner of Lot 1, Block 1, Chambers Addition, an addition to the City of Coppell as shown on the map recorded in Volume 93086, Page 4421, said Deed Records; THENCE North 89 degrees 40 minutes 00 seconds West with the north line of Bethel School Road, 363.32 feet to a 5/8 inch iron with cap set; THENCE North 00 degrees 49 minutes 02 seconds East, 417.76 feet to a 1/'2 inch iron found at the southerly southeast corner of a 4.13 acre tract of land described in a deed to the City of Coppell as recorded in Volume. 89127, Page 4336, said Deed Records; THENCE North 02 degrees 19 minutes 15 seconds East with a line of said 4.13 acre tract, 150.79 feet to a 1/2 inch iron found; THENCE South 89 degrees 25 minutes 19 seconds East with a line of said 4.13 acre tract, 374.91 feet to a 1/'2 inch iron found at the northwest corner of Lot 1, Block 1, Chambers Addition; THENCE South 02 degrees 23 minutes 20 seconds West with the west line of Lot 1, Block 1, Chambers Addition, 567.21 feet to the Point of Beginning and containing 4.829 acres of land. TRACT 2 PROPERTY DESCRIPTION: Being 0.651 of an acre and being all of Lot 1, Block 1, Chambers Addition, an addition to the City of Coppell as shown on the plat records in Volume 93086, Page 4421, Map Records, Dallas County, Texas. EXHIBIT "A" AGG06377 Mayor Morton announced that Item 2(A)(3) had been pulled from the Executive Session agenda on advice of counsel. Mayor Morton convened into Executive Session at 6:13 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 7:19 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding the connection of Freeport Parkway and Parkway Blvd. to S.H. 121. B. Discussion of agenda items. REGULAR SESSION (Open to the Public) 4. Reconvene Regular Session. 5. Invocation. Councilmember Alexander asked that everyone bow their heads for a moment of silence. 6. Pledge of Allegiance. Mayor Morton led those present in the Pledge of Allegiance. 7. Citizen's Appearances. There were no citizens signed up to speak under this item. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Minutes: December 13, 1994 December 27, 1994 ClVI011095 Page 2 of 11 B. Consider approval of the two remaining appointees, Tom Deaton and Sherry Booty, to the City of Coppell Home Rule Charter Review Commission. C. Consideration and approval of entering into a contract with Sverdrup Civil, Inc. in the amount of $39,774.07 for the design of various items associated with Sandy Lake Road from MacArthur Blvd. to east City Limits (Project # ST 93-01) that are the City's responsibility and authorizing the Mayor to sign. D. Consideration and approval of an ordinance abandoning a utility easement along the side of Lot 20, Block H Pecan Hollow Addition (302 Pecan Hollow Drive) and authorizing the Mayor to sign. E. Consideration and approval of entering into a contract with Weir and Associates, Inc. in the amount of $240,000 for the design of Denton Tap Road from Cottonwood Creek to the north City Limits and the design of a 16" water line as shown on the City of Coppell Master Plan (Project #ST 94-01) and authorizing the Mayor to sign. F. Consideration and approval of an ordinance to abandon portions of various utility easements located within the Creekview Subdivision, and authorizing the Mayor to sign. G. Consideration and approval of an Interlocal Agreement with Dallas County for the redesign of Sandy Lake Road to accommodate hike and bike trails and authorizing the Mayor to sign. H. Consideration and approval of a resolution amending Section 4 of Resolution #110894.3, determining the necessity for an assessment of a portion of the costs against the benefitted properties, providing for notice, and public hearing to determine an assessment and approval of Notice of Proposed Improvements for East Beltline water line extension (Project #WA94-01), and authorizing the Mayor to sign. I. Consideration and approval of an Ordinance for ZC-568, Old Coppell Estates, to change the zoning 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, CMOll095 Page 3 of 11 between the abandoned Bethel School Road and Coppell Road, and authorizing the Mayor to sign. J. Consideration and approval of an Ordinance for S-1087, to change the zoning from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permit) to allow the operation of an oil change facility, with special conditions for property located at the southwest corner of MacArthur Boulevard and Beltline Road, and authorizing the *'Iayor to sign. K. Consideration and approval of an ordinance amending Chapter 15 of the Code of Ordinances of the City of Coppell by amending Section 15-5-1 to require automatic fire sprinklers in all future multi-family dwellings, to add interior fire standpipes to future commercial occupancies with floor area exceeding 20,000 square feet for floor, and to give the Fire Chief the option of relocating fire lanes outside of potential building collapse zones and authorizing the Mayor to sign. L. Consideration and approval of Rejoice Lutheran Church, Final Plat to allow the construction of a church on 3.920 acres of property located on the north side of Sandy Lake Road, 600 feet east of Lodge Road, at the request of Halff Associates, Inc. M. Consideration and approval of a contract, awarding Bid #Q-II91-01 Shadow Ridge/Devonshire Drainage Improvement Project//DR 94-01, to Humphrey & Morton in the amount of $76,573.20, and authorizing the Mayor to sign. N. Consideration and approval to award the bid for four (4) new Police vehicles to Arendale Ford Sales, Inc., in the amount of $63,504.00. O. Consideration and approval to purchase computer financial software to replace the USTI software currently running on the System-36 with New World Systems Financial package software in an amount not to exceed $130,000.00 as recommended by LeBlanc & Associates consulting firm. The software includes Utility Billing, Tax Collection, Budgeting, Accounts Payable & Receivable, Purchasing, Payroll and Human Resources. This amount also included on-site training and conversion of our existing data. CM011095 Page 4 of 11 P. Consideration and approval of a resolution directing publication of notice of intention to issue Certificates of Obligation, Series 1995, for Public Safety and building improvements, in the amount of $4,700,000, and authorizing the Mayor to sign. Q. Consideration and approval of a resolution directing publication of notice of intention to issue City of Coppell, Texas Waterworks and Sewer System Revenue Bonds, Series 1995, in the amount of $6,900,000, and authorizing the Mayor to sign. R. Consideration and acceptance of the Comprehensive Annual Financial Report for the fiscal year ended September 30, 1994. Item 8 M was pulled for further consideration. Items 8 A, B, C, D, E, F, G, H, I,J, K, L, N, O, P, Q and R-- Mayor Pro Tern Robertson moved to approve Items 8 A, B, C, D carrying Ordinance No. 95682, E, F carrying Ordinance No. 95683, G, H carrying Resolution No. 011095.1, I carrying Ordinance No. 91500-A-76, J carrying Ordinance No. 91500-A-77, K carrying Ordinance No. 95684, L, N, O, P carrying Resolution No. 011095.2, Q carrying Resolution No. 011095.3 and R. Couneilmember Sheehan seconded the motion; the motion carried 5-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Watson, Reitman, and Sheehan voting in favor of the motion. Item M -- Councilmember Alexander moved to reject Item 8M. Councilmember Sheehan seconded the · motion; the motion carried 5-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Watson, Reitman, and Sheehan voting in favor of the motion. Staff was given direction to pursue proposals on alternate materials and re-bid. 9. Swearing-in of members to the City's new Conduct Review Board and Special Counsel. Mayor Morton swore in Jo Ann Harris Hill, Brian E. Shelby and Fred M. Wehrli as members of the Conduct Review Board. Mayor Morton swore in Scott Braugh, Hilda Galvan, Kenneth Hill and Alan Hostetter as Special Counsel. CM011095 Page 5 of 11