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CC approval of ORD 10/24/95 AGENDA REQUEST FORM CITY eo~cI~. M'~.TI~a: Octo~,er ~, l~ ITF~ CAPTION: Consideration and approval of an Ordinance for Case No. ZC-584(CH), zoning change from 0 (Office) and R (Retail) to C (Commercial), on approximately 16 acres located at the northwest corner of Beltline Road and MacArthur Boulevard; east of the TP&L transmission line, and authorizing the Mayor to sign. APPROKED ~ ~ ~.~ ~I~J D~ea~o~ o~ ~nn~Dg ~ ~o~. ~e~v~oe~ I~I~I~.~ ST~FF RECOI,~ENDATION Approval ~ Denial BUDGET AMT.$ AMT. EST.$ +/- BUD:$ FINANCI]%L COMMENTS: FINANCIAL REVIEW: CITY MANAGER REVIEW: -~' Agenda Request Form - Revised 1194 Document Name ZC584CH.ord AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. (~/~"O~-/~-/,~oC~ 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 "O" (OFFICE) and "R" (RETAIL) TO "C" (COMMERCIAL) FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" A'I-I'ACHED HERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; 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-584 (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 amende~, be and the same is hereby amended to grant a change in zoning from "O" (Office) and "R" (Retail) to "C" (Commercial) on approximately 16 acres located at the northwest corner of Beltline Road and MacArthur Boulevard, east of the TP&L transmission line, 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 AGGO??9F 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 AGGO779F 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 ~.. ,/~ dayof ~~.~_~ ,1995. APPROVED: TOM MORTON, MAYOR A'i-rEST: APPROVED AS TO FORM: PETER G. SM~I'H, CITY A'I-rORNEY (PGS/ct 10-20-95) AGGO'~gF TI~,CT A - "0" Office l:o "C" Commercial BEING a tract of land situated in the S.A. & M.G. SURVEY, ABSTRACT NO. 1442, and the SINGLETON THOMPSON SURVEY, ABSTRACT NO. 1493, as recorded in Volume 93248, Page 0302 and Volume 86090, Page 3527, of the Deed Records of Dallas County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at an "x" set at the intersection of the North line of Riverchase Drive with the West line of MacArthur Boulevard, said point being the Southeast comer of Tract 8 as described by Volume 93248, Page 0302; THENCE leaving said Tract 8, South 27' 08' 01" West, a distance of 30.03 feet to an intersection point of the West right-of-way of MacArthur Boulevard and the centerline of Riverchase Drive as recorded in Volume 86090, Page 3527; THENCE following the centerline of Riverchase Drive along a curve to the left having a central angle of 50' 08' 07", a radius of 425.00 feet, a chord bearing of South 89' 24' 41" West, a chord distance of 360.13 feet, and an arc length of 371.89 feet to a point of reverse curve; THENCE continuing along the centerline of Riverchase Drive along a curve to the right having a central angle of 2 l' 45' 27", a radius of 425.00 feet, a chord bearing of South 75' 13' 20" West, a chord distance of 160.42 feet, and an arc length of 161.39 feet to an intersection point of the centerline of said Riverchase Drive with the East line of a 130-foot wide Dallas Power and Light Company right-of-way; THENCE along the East line of the Dallas Power and Light Company right-of-way, North 29' 13' 41" East, distance of 35.88 passing a point common to said East line, the North right-of-way of Riverchase Drive, and the Southwest comer of the aforementioned Tract 8, and continuing a distance of 1061.70, for a total distance of 1097.58 feet to a point common to said East line of the Dallas Power and Light Company right-of-way, the most Northerly comer of the aforementioned Tract 8, and the West right-of-way of MacArthur Boulevard; THENCE following the West right-of-way of MacArthur Boulevard along a curve to the right having a central angle of 61' 20' 08", a radius of 765.00 feet, a chord bearing of South 03' 32' 03" East, a chord distance of 780.39, and an arc length of 818.94 to a point of tangency; THENCE continuing along the West right-of-way of MacArthur Boulevard, South 27' 08' 01" West, a distance of 121.42 feet to the POINT OF BEGINNING, and containing 7.010 acres of land, more or less. Tract B - ~"Rt' Retail to 'C~" Co~nercial BEING a tract of land situated in the SINGLETON THOMPSON SURVEY, ABSTRACT NO. 1493, and the J.C COOl[ SURVEY, ABSTRACT NO. 315 as recorded in Volume 93248, Page 0303 and Volume 86090, Page3527, of the Deed Records of Dallas County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at an intersection point of the West right-of-way of MacArthur Boulevard and the centerline of Riverchase Drive as recorded in Volume 86090, Page 35117; THENCE South 117' 08' 01" West, a distance of 30.03 feet passing an "x" at a point common to the Northeast comer of Tract 9 as recorded in Volume 931248, Page 0303, the South right-of-way of Riverchase Drive, and the West fight-of-way of MacArthur Boulevard, continuing along said West right-of-way of MacArthur Boulevard a distance of 1123.96 feet, for a total distance of 153.99 to a point of curve; THENCE continuing along the West right-of-way along said curve to the left having a central angle of 27' 05' 53', a radius of 875.00 feet, a chord bearing of South 13' 35' 04' West, a chord distance of 409.99 feet, and an arc length of 413.83 feet to a point of tangency; THENCE continuing along the West right-of-way, South 00' 02' 08' West, a distance of 196.53 to a point in the North line of the St. Louis and Southwestern Railroad; THENCE along the North line of said railroad, North 86' 21' 18' West, for a distance of 709.44 feet to a point common to the aforementioned Tract 9, the North line of said railroad, and the East line of a 130-foot wide Dallas Power and Light Company right-of-way, as recorded in Volume 4594, Page 302 of the Deed Records of Dallas County, Texas; THENCE along said East right-of-way, North 29' 13' 41' East, for a distance of 700.76 feet passing a point common to the Northwest comer of the aforementioned Tract 9, the East line of the Dallas Power and Light Company right-of-way, and the South right-of-way of Riverchase Drive, continuing a distance of 35.88 feet, for a total distance of 736.64 feet to an intersection point of said East right-of-way and the centerline of Riverchase Drive; THENCE following the centerline of Riverchase Drive along a curve to the left having a central angle of 21' 45' 27', a radius of 425.00 feet, a chord bearing of North 75' 13' 20' East, a chord distance of 160.42 feet, and an arc length of 161.39 feet to a point of reverse curve; THENCE continuing along the centerline of Riverchase Drive along a curve to the right having a central angle of 50' 08' 07", a radius of 425.00 feet, a chord bearing of North 89' 24' 41" East, a chord distance of 360.13 feet, and an arc length of 371.89 feet to the POINT OF BEGINNING, and containing 9.325 acres of land, more or less. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion with Park Board representatives on the possibility for a Sales Tax Election to support Parks and Recreation Capital Projects. B. Discussion of bridge over Elm Fork of Trinity River at Sandy Lake Road. C. Discussion of concept._al plan for Sandy Lake Road from Denton Tap D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Reconvene Regular Session. Invocation. Clay Phillips, Assistant City Manager/Fire Chief, led those present in the Invocation. 6. Pledge of Allegiance. Mayor Morion led those present in the Pledge of Allegiance. 7. Citizen's Appearances. No citizens were signed up to speak under this item. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: October 10, 1995 October 16, 1995 October 17, 1995 B. Consider approval of an ordinance abandoning Riverchase Drive west of MacArthur Blvd. and authorizing the Mayor to sign. CM10249S Page 2 of 7 C. Consider approval to award the contract for sanitary sewer improvements associated with Grapevine Creek HI from Bethel Road to Airline Drive (SS 94-02) to River Valley Enterprises in the amount of $365,124.00 and authorizing the Mayor to sign. D. Consider approval of a resolution accepting the proposal for City Depository and Banking Services of Overton Bank and Trust; and designating Overton Bank and Trust as the City Depository; and adopting a Depository Agreement and authorizing the Mayor to sign. E. Consider approval for awarding Bid Q-0795-01 for the purchase of disposable emergency medical services (EMS) supplies in an amount not to exceed $4,300.00 to Plaza Pharmacy. F. Consider approval of a contract for Medical Control and Continuing Education for the Emergency Medical Services/Paramedic Program to be provided by Metrocrest Medical Services (MMS) to the City of Coppell in the total amount of $17,371.05 and authorizing the Mayor to sign. G. Consider approval of a service agreement with Motorola in an amount not to exceed $27,012.00 to provide maintenance of the city-wide radio system and authorizing the Mayor to sign. H. Consideration and approval of resolution adopting a Flexible Spending Account under Section 125 of the Internal Revenue Code to provide pre-tax benefits options to City employees and authorizing Mayor to sign. I. Consideration and approval of an Ordinance for Case No. ZC-SS4(CH), zoning change from O (Office) and R (Retail) to C (CommeFchD, on approximately 16 acres located at the northwest coFner of BeMine Road and MacArthur Boulevard; east of the TP&L transmission llne, and authorizing the Mayor to sign. Item B was pulled from the agenda. Councilmcmber Watson moved to approve Consent Agenda Items 8 A, C, D carrying Resolution No. 102495.1, E, F, G, H carrying Resolution No. 102495.2 and I carrying Ordinance No. 91500-A-108. Councilmcmbcr Alexander seconded thc motion; thc motion carried 5-0 with Coun¢ilmembcrs Alexander, Sturges, Watson, Tunn¢ll, and Sheehan voting in favor of the motion. CM10249S Page 3 of 7