CC approval of ORD 6/28/94 AGENDA REQUEST FORM
W~th ^ Beautiful F~t~re
CITY COUNCIL MEETING: June 28, 1994 ITEM
ITEM CAPTION:
Consideration and approval of an ordinance for Case #ZC-565(CH) to
change the zoning from C (Commercial) to 0 (office) on property
generally containing approximately 10 acres and located at the
northwest corner of Denton Tap Road and Bethel School Road, and
authorizing the Mayor to sign.
APPROVED
~ ,
TITLE: Director of ~lannlng & Comm. Services INITIALS
STAFF COMMENTS:
Please refer to Case #ZC-565(CH) staff report for more information.
STAFF RECOMMENDATION Approval ~ Denial
EXPLANATION:
BUDGET AMT.$ F~ 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. 91500-A-58
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 "C' (COMMERCIAL) TO 'O' (OFFICE) ON
A 13.93 ACRE TRACT OF LAND LOCATED NORTH OF BETHEL
SCHOOL ROAD AND WEST OF DENTON TAP ROAD, 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 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-565(CH) 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 "C" (Commercial)
to "O" (Office) on a 13.93 acre tract of land located north of Bethel School Road and West
of Denton Tap Road, and being more particularly described in Exhibit "A" attached hereto
and made a pert hereof for all purposes.
AGG058A1
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 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.
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.
AGGO58A1
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 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 ~,E
day of ~ ,1994.
APPROVED:
TOM MORTON, MAYOR
A'I'TEST:
Cn"~SECRETARY
ROBERT L. DILLARD, CITY ATTORNEY
(RED/Ch 6-27-94)
AGr..,058A1
214 595 0948
06×23×94 14:44 CITY OF COPPELL 0~2
EXHIBIT 'A'
Being a part of a tract of lamt situated in the City of Coppeil, Dallas County, Texas out of the
EDWARD H. CROW SURVEY ABSTI~ACT 301, and being more particularly described as
follows:
BEGINNING at. the most easterly southeast corner of FIRST INCREMENT, SHADOWRID(3E
ESTATES an addition to the City of Coppell, Texas as recorded in Volume 84110, Page 6743,
of thc Plat Records of Dallas County, Texas said point being in the north right-of-way line of
Bethel School Road;
THENCE in a noru~erly direction along and adjacem to the east line of said FIRST
INCREMENT, SHADOWRIDGE ESTATES to a point for corner. Said point: being common
t.o tile ulost easterly northeast gorn~r of FIRST INCREMENT, SHADOWRIDOE ESTATES and
the south line of WYNNPAGE an addition to the City of Coppell, Texas as recorded in Volume
92001, Page 2952 of thc Plat Records of Dallas County, Texas;
THENCE ill all easterly direction along and adjacent to the south line of said WYNNPAGE
passing through the most southeasterly corner of said WYNNPAGE Io a point for corner in the
wc~.~t right-of-way linc of l~nton Tap Road;
THENCE in a southerly direction along and 'ddjac~nt Io said west right-of-way line of Denwn
Tap Road to a Ix~int for corner. Said point being thc intersection of £1~c west fight-of-way line
of Denwn Tap Road with the north fight-of-way line of Bethel School Road;
TItENCE in a westerly direction along and adjacent ~o thc north right-of-way linc of Bethel
School Road to the POINT OF BEGINNING and containing approximately 13.93 acl~s, more
or less.
Page 1 of 2
~14 595 0948
06/25/94 14:44 CITY OF COPPELL 1~5
5. Invocation
Councilmember Mayo led those present in the Invocation.
6. Pledge of Allegiance
Mayor Morton led those present in the Pledge of Allegiance.
7. Citizens' Appearances
A. Robin M. Fleck, 253 Simmons Drive, submitted a letter to Mayor Morton and the
Council proposing a city-wide composfing project or program similar to that of the City
of Piano and Grapevine. Ms. Fleck requested that the City consider purchasing a chipper
shredder so that compost materials can be made from tree limbs, shrubbery, etc.
Steve Goram responded to this request stating that a request to purchase this type of
equipment is being considered in 94-95 budget.
CONSENT AGENDA
8. A. Approval of Minutes: June 14, 1994
B. Consideration and approval to award Bid ~-0594-01 to include the base bid
and Alternates 1 and 2 for the installation and construction of a playground
at Allen Road park to Gary Pittman Construction in the amount of $29,134.
C. Consideration and approval to authorize the City Manager to sign an
easement document granting the City of Coppell access to the TU Electric
sanitary sewer easement at the corner of E. Belt Line Road and Mockingbird
Road where the TU Electric Generating Plant ties to the CoppeH sanitary
sewer system.
D. Consideration and approval of resolutions authorizing and directing staff to
execute necessary agreements related to grant requests to the Texas Forest
Service for Small Business Administration Tree Planting grants at Town
Center and Andrew Brown, Jr. Community Park, west of Denton Tap Road,
respectively, and authorizing the Mayor to sign.
E. Consideration and approval of a resolution amending the existing Tax
Abatement Policy to provide an incremental increase in the abatement level.
F. Consideration and approval of an ordinance for Case #ZC-564(CH) to change
the zoning from C (Commercial) to any appropriate zoning district
classification, including, but not limited to, SF-7, SF-9, SF-12, SF-18, and/or
SF-ED on property generally containing approximately 5 acres and located
north of WynnPage subdivision of Lone Star Gas utility line, and authorizing
the Mayor to sign.
G. · Consideration and approval of an ordinance for Case #ZC-565(CH) to change
the zoning from C (Commercial) to O (Office) on property generally
containing approximately 10 acres and located at the northwest corner of
Denton Tap Road and Bethel School Road, and authorizing the Mayor to
sign.
H. Consideration and approval of an ordinance for Case #ZC-566 to change the
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zoning from A (Agriculture) to SF-12 (Single Family-12) on property located
approximately 3/10 mile east of MacArthur, along the north side of DeForest
Road, and authorizing the Mayor to sign.
I. Consideration and approval of an Ordinance of the City of Coppell, Texas,
amending the Code of Ordinances of the City of Coppell, Texas by amending
Chapter 15 by adding Article 15-11, Neighborhood Integrity Code, and
authorizing the Mayor to sign.
Item 8/A --
Councilmember Mayo requested to amend the minutes of June 14, 1994, deleting his name from
Item 18 due to the fact that he was not in attendance at the meeting.
Item ~[B --
Mayor Morton stated that this item was discussed during the Work Session and Councilmember
Sheehan did bring up whether this equipment was accessible for challenged children or
individuals and that staff will bring forward a change order that will meet all these requirements.
Mayor Pro Tem Robertson moved to approve Items 8lA with a correction to the minutes, items
8/B, 8/C, 8/D carrying Resolution 062894.1, 8/E carrying Resolution 062894.2, 8/F carrying
Ordinance 91500-A-57, 8/G carrying Ordinance 91500-A-58, 8/H carrying Ordinance 91500-A-
59, and 8/I carrying Ordinance 94655, and authorizing the Mayor to sign.. Councilmember
Mayo seconded the motion, motion carried 7-0, with Mayor Pro Tem Robertson and
Councilmembers Alexander, Stably, Watson, Reitman, Mayo, and Sheehan voting in favor of
the motion.
9. Consider appointment of a member to the Planning and Zoning Commta~ion to f'dl
the unexpired term of Norman Alexander, whose term will expire October, 1995.
Following discussion, Councilmember Mayo moved to approve the appointment of Patrick
Keenan to the Planning and Zoning Commission to fill the unexpired term of Norman Alexander
whose term will expire October, 1995. Councilmember Stahly seconded the motion, motion was
denied 3-4 with Councilmember Stahly, Mayo, and Sheehan voting in favor of the motion and
Mayor Pro Tern Robertson, Councilmembers Alexander, Watson, and Reitman voting against
the motion.
Councilmember Alexander moved to approve the appointment of Stan Lowry to the Planning and
Zoning Commission to fill the unexpired term of Norman Alexander whose term will expire
October, 1995. Mayor Pro Tern Robertson seconded the motion, motion carried 4-3 with Mayor
Pro Tem Robertson and Councilmembers Alexander, Watson, and Reitman voting in favor of
the motion and Councilmembers Stahly, Mayo and Sheehan voting against the motion.
10. Review of existing City policy on water bill donations.
City Manager Witt stated the budget amount hoped to be gained this year from the voluntary
donation program on water bills of $14,500. This is split between four different areas - park,
library, economic development and fire. City Manager Jim Witt wanted to know if Council
would be receptive to changing the policy and designating, on a fiscal year basis, a particular
project that donations would go toward. These would be capital improvement projects so that
people could sec a direct result of their donated money. This program would begin at the start
of the fiscal year. No action was required concerning this item.
11. Consideration and approval to waive permit fees and expenses not to exceed $375
for extra police officers for the July 4th Exchange Club Parade.
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