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CC approval of ORD-11/14/1989Rev. 4-24-89 ! ~,~q,'~'---- AGENDA REQUEST FORM -- i 1_~~U ~Cf; UFYL ~F ~TTHU~ CI~ COU~CI~ ~t~''I"~NOvember 14, 1989 I,F~! HO~ i ITEM CAPTION: To consider an Ordinance for Case #S-1026, to change the zoning designation from (SF-9 ) Single Family-9 , to (SF-9 -SUP) Single Family-9 Special Use Permit, to allow the operation of a Church, on property located approximately 600 feet north of the northeast corner of Sandy Lake Road and Samuel Boulevard, and authorizing the Mayor to sign. STAFF RE~.: OTHER REP.: Taryon Paster Bo~.an c/:~..~. Larry Jackson, City Attorne. y DATE: £' Date of Planning and Zoning Meeting: September 17, 1987 Decision of Planning and Zoning Commission: Approved (6-0) Date of City Council Meeting: October 13, 1987 Decision of City Council: Approved (6-0) Please see attached site plan and City Council minutes for further detail. .,,¢ q ?_ /? - q O C~.~ CoUNCiL BUDGET AMT.: COMMENTS: AMT. ESTIMATED: AMT. +/- BUDGET: FINANCIAL REVIEW BY: LEGAL REVIEW BY: AGENDA REQ FORM 0588DS REVIEWED BY ~M: Mayor Duggan stated that the public hearing on this item has been opened and continued from a previous meeting. He then asked if there were persons present who wished to speak in favor of the proposed ordinance. There were none. Mavor Duggan then asked if there were persons present who wished to speak in opposition of the proposed ordinance. There were none. The public hearing was then declared closed. Following discussion by the Council, Councilman Morton moved that the ordinance providin~ for comprehensive management of the floodplain in the City of Coppell be considered at the regular Council meeting of October 27, 1987; Councilman Wtlkerson seconded and motion carried unanimously with Mayor Pro Tem Stanton and Councilmen Wilkerson, Pettijohn, Morton, Smothermon, and Cowman voting in favor of the motion. ZONING Item 12: Consider approval of a zoning change, Case #S-1026, at the request of the Catholic Diocese of Dallas from (SF-9) Single Family-9, to (SF-9, StY) Single Family-9 with a Special Use Permit to allow the operation of a Church, on property located approximately 600 feet north of the northeast corner of Sandy Lake Road and Samuel Boulevard. Date of Planning and Zoning Commission - September 17,I987 Decision of Planning and Zoning Commission - Approved (6-0) Father Broderick of the Catholic Diocese made the presentation to the Council. He stated that the church will have a live screening wall around the perimeter of the development and that it would be fully sprinkled. Staff reminded the Council that a variance for the living screen would be required. The use of stucco is allowed in an SUP zoning classification. Concerns regarding the right-of-way along Samuel Boulevard can be addressed at the platting stage. Mayor Duggan then declared the public hearing open and asked for those persons present who wished to speak in favor of the proposed zoning. There were none. He then asked for those persons present who wished to speak in opposition to the proposed zoning. There were none. The public hearing was then declared closed. Following discussion by the Council, Councilman Morton moved that the zoning change be approved with the stipulation that stucco construction be permitted; Mayor Pro Tem Stanton seconded and motion carried unanimously with Mayor Pro Tem Stanton and Councilmen Wilkerson, Pettijohn, Morton, Smothermon, and Cowman voting in favor of the motion. Item 13: Consider approval of ~ zoning change, Case #S-1025, at the request of Mr. Gordon Dunaway, from (LI) Light Industrial to (LI.SUP) Light Industrial with a Special Use Permit, for the operation of automobile sales, on property located at 1203 Crestside Drive. Date of Planning and Zoning Commission - September 17,1987 Decision of Plannin~ and Zoning Commission - Approved (6-0) Mr. Howard Herrington, repr=senting Mr. Gordon Dunaway, made the presentation to the Council. Mr. Herrington stated that there would be no mechanical work or outside storage at this site. Mayor Duggan declared the public hearing open and asked for those persons who wished to speak in favor of the proposed zoning change. There were none. He then asked for those persons who wished to speak in opposition to the proposed zoning change. There were none. The public hearing was declared closed. Following discussion by the Council, Mayor Pro Tem Stanton moved that the zoning change be approved with the stipulation that no outside sales or storage be allowed, no mechanical work be performed on site, and that the zoning change be restricted to the sale of collector-type autos; Councilman Cowman seconded and motion carried unanimously with Mayor Pro Tem Stanton and Councilmen Wilkerson, PettiJohn, Morton, Smothermon and Cowman voting in favor of the motion. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS 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 ONE THOUSAND DOLLARS ($1,000.00) 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 under the zoning ordinance and zoning map, 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 St. Afro's Catholic Church, No. S-1026, 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 hereinafter described property a new zoning district classification, to-wit: "SF-9-SUP" Single Family Dwelling District Classification with a Special Use Permit for a Church. Said Special Use Permit shall be conditioned upon the following special condition: 1. Use to comply with site plan attachd hereto as Exhibit "1". 2. Stucco construction approved. Said property being described as follows: BEING a tract of land containing 9.281 acres of land, more or less, on ~ the east side of Samuel Blvd. between Sandy Lake Road and Parkway Blvd., City of Coppell, Dallas County, Texas. Said property more particularly shown on the site plan attached hereto as Exhibit "1". Said property more particularly described by meets and bounds, as Tracts A, B, and C in Exhibit "2" attached hereto. SECTION 2. That all parts of ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other 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, 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 One Thousand Dollars ($1,000.00) for each offense, and that 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 ]~/D~)~m~dr.~ , 1989. MAYOR ATTEST: CITY ~ECRETARY ELEMENTARY ROTE: THE NORTHERN PROPERTY LIRE IE FRONTING A RTRRET WHICH fib CURRENTLY ~iT~f~E flOAD ALTERNATE f.fl. LOCATION · Ei~eoORP · ' 8PRIRKLED /,' I ' W~LL m/ LIEU OF / &l I~IGK ~GflEEN WAL~' ~ ~/ / . / ON MARONRY~R'E~UERTED 8Y SUP ixmTIm IHOflqNi Muq~q PARKING I 1~4AIE I ~ IrIR, ePA~E LAND AREA TRAGT : t.140 AOhli EXISTINGEINQLE FAMILY HOME8 SEE ATTACHED PLAN FOR LAflOgCAf~E DESIoNJ-~ ~ ST. ANN CATHOM~' OHURCH' MULTI-PUBPO~E S^bn~ BLVD. Cb~sPk~'L ~ ~XAi . ' ' BE~N & ~H~'~i~'. ~R~6 AMEA IdA~P ZONING ST, ANN CATHOLIC SAMUEL BLVD. CoPPELL,~XA8 ASPHALT SHINGLE ROOF-. - ;'~! ~ ,'l '1" ; ~"' Iq' I ~ ~1 si Ii'. WEST ELEVATION MULTIPURPOSE ROOM --~ i ;~ ~ It:'" II~, h' ",, ' ; : . . ' ASPHALT SHINGLE ROOF ;; ,, ru, ~i-' ~q~'~i;~;~': ~i:':~ ~.' ,'~ '''~ :-I-';~'1 ;H ;' ? ~1;';I?' ~: ;' "'~':::', :'," , ' ' SPECIAL COATINQ ON ~A~ONRY WALL~{STUCCO ~ ACTIVITY ROOM~ TYPE .. g _L__E SUP ZONING SUBMITTAL ST, ANN CATHOLIC CHURCH MULTI-PURPOSE BUILDING SAMUEL BLVD. COPPELL , TEXAS BERAN & SHELMII~, ARGHITECTS I ST. ANN'S CATHOLIC CHURCH ,, Ill ILANDSCAPE PLAN LDAL-TEX LANDSCAPE FCOPPELLo TEXAS I .... FIELD SOTES TRACT A BEING a tract of land situated in the City of Coppell, Dallas County, Texas; and being part of the Patience Piles Survey, Abstract Number 1137; and being par~ of a tract of land conveyed to Glen A. Hinckley by Deed recorded in Volume 85022, Page 0678, Deed Records, Dallas County, Texas; :~nd being more particularly described as follows: COM?.ENCING at a one-hail inch iron rod set f~r corner, said point being the intersection of the East line of Samuel Boulevard (variable width Right-of-Way, 60 foot wide at this location) and the South line of Parkway Boulevard ~variable width Right-cf-Way, 70 foot wide at this location); T~ENCE Southerly along the East line of said Samuel Boulevard, the ~following calls: So~th O1°29'O0'' East a distance of 139.97 feet to a one-half inch iron rod set for corner; So~th 88°.36'00'' ~est a distance of 7.50 feet to a one-half inch iron rod set for corner, Somth CI°29'O0'' East continuing along said Samuel Boulevard (52.5 foot wide Right-of- Way as t~is location) a distance of 720.02 feet to a one-half inch iron rod set for ~.,~ (~F BEGINNING, THENCE North 66~a3'55'' East a distance of o79.72 feet to a one-half inch iron rod set for corner, said point being the beginning of a curve to the left whose chord bears ~orth 77°58'2&'' East; -" TMENCE Easterly along said curve to the left having a central angle of 21'31'03'', a radios of ~50.~ feet, and an arc leng:h of i31.44 feet to a one-half inch iron rod set for cor~er; .... "'08" " inch iron rod set for ~="Cr South ;; ~ East ~ distance of i~,.55 feet to a ~ne-hal~ . corner; ~ENCE North 56~15'56'' West a distance of 26.54 feet to a one-half inch iron rod set for corner; ~ENCE North 29~57'20'' West a distance of 119.60 feet to a one-half ineh iron rod set for zorner, said point being the beginning of a curve to the right whose chord bears South 74~23'!~'' West; THENCE Westerly along said curve to the right having a central angle of 2~41'15'', a radius of ~50.00 feet and an arc length of 175.24 feet to a one-half inch iron rod se: for corner; ~E*CE South 88~43'55'' West a distance ~f 61B.55 feet to a one-half inch iron rod set for corner, said point being in the East line of said Samuel Boulevard, and the West line of sa~d Minckley tract; THE?;CE North O1~29,00,, West along the East line of said Samuel Boulevard and the West line o~ sald Minckley tract a distance of 45.00 feet to the POINT OF BEGINNING and containing 0.~-7 ~cres of land, more or less. ~M~ ~ (~) ' '- ."' ~ FIELD NOTE~ · TRACT B 'BEING a tract of land situated in the City of Coppell Dallas County Texas; and being part of the Patience Piles Survey, abstract Nuaber 1137; and being part of a tract of land conveyed to Glen ^. Hlnckley by Deed recorded in ¥olume 85022, Page 0678, Deed Records, Dallas County, Texas; and being more particularly described as follows: CO.~u2qENCING at a one-half inch_ir0~_3~_d_s~c-for-corner, said-poinc.=being-th~"I~t-~e~l " '~f"-the East line 0f S~uel Boulevard (~ariable width Right-of-Way,' 60 foot wide at this location) and the South line of Parkway Boulevard (variable width Right-of-Way, 70 foot wide at this location); THENCE Southerly along the-East li~e of said Samuel Boulevard, the following calls: South O1°29'00'' East a distance of 139.97 feet to a one-half inch iron rod set for cor~qe r; South 88°36'00'' West a distance of 7.50 feet to a one-half inch iron rod set for corner; South 01°29'00'' East continuing along said Samuel Boulevard (52.5 foot wide Right-of- '.Way at this location) a distance of 765.02 feet to a one-half inch iron rod set for -the POINT OF BEGINSI';G; THENCE North 88043'55'' East-a distance of 618.55 feet :o a one-half inch iron rod set for corner, said point being the beginning of a curve t~ the left whose chord bears North 7~°23'18'' East; THENCE Easterly along said curve to the left having a central angle of 28°41'15'', a radius of 350..00 feet, and ~n arc length of 175.24 feet to a one-half inch iron rod set for corner; THENCE South 29°57'20" East a distance of 119.60 feet to a one-half inch iron rod set for corner; THENCE South 56°15'56'' East a distance of 45.65 feet to a one-half inch iron rod se~ for corner, said point being in the West line of Meadows-Section One, an addition to the City of Coppeil as recorded in Volume 79246, Page 3232, Deed Records, Dallas County, Texas, said point being in the East line of said Hinckley Tract, said point also being the beginning of a curve [o the left whose chord bears South 31°54'56'' West; TttENCE Southwesterly alon~ the West line of said Meadows-Section One and the East llne of said Hinckley trac~ amd along said curve to the left having a central angle of 03°38'16'', a radius of 315.00 feet and an arc length cf £0.00 feet to a one-half inch iron rod set for corner, said poin: being in the North line of a tract of land conveyed to Thomas Tschoepe, Bishop of the Roman Catholic 9ioces~ c.f Dallas, by Deed recorded in Volume 85132, Page 5144, Deed Records, Dallas County, 7e×as; THE?:CE South 88°£6'38'' West along the North line of s~id Tschoepe tract a distance of ~70.03 feec to a one-Naif inch ir,on rod set for corner, said.point being in the East line ~f =aid Samuel Boulevard, and che West line of said Hinckley tract; rHEt;CE North 01°'£9'00'' West along the East llne of said Samuel Boulevard and the West line o:.--~aid Hinckl~y ~ract ~ distance of !09.25 feet to the POINT OF BEGINNING and containing 2.140 acres of land, more or less. EXltlBIT "2" 05? BEING a tract of land in the Patience Piles Survey, Abstract No. 1137, and also being a part of that certain tract Of land deeded to Mea. dow Glen Properties, as recorded in Volume 79069, Page 2703 of the Deed Records of Dallas County, Texas, and being more particularly described as follows: COMMENCING at a point in the north line of Sandy Lake Road (a 60' R.O.W.), and the east line of Samuels Blvd., (a 45' R.O.W.), said point also being the southwest corner of said Meadow Glen Properties tract; THENCE North 0°30'00" West, with the common line of said Samuels Blvd., and said Meadow Glen Properties tract 600.00 feet to the PLACE OF BEGIht~ING;.:,, THENCE North 0°30'00'' West, continuing with said common line, 330.00 feet; THENCE North 89°28'00'' East, 869.26 feet to a point in a curve to the left having a cen~.ral angle of 3I°16'34'', and a radius of 315.00 feet which bears South 59°13"26'' East'; THENCE along said curve to the left an arc distance of 171.95 feet; THENCE South 0°30'00'' East, 166.49 feet; THENCE South 89°28'00'' West, 823.58 feet to the PLACE OF BEGINNING, and containing 6.294 acres of land more or less. SUBJECT TO VERIFICATION '.',BY FIELD: SURVEY EXECUTIVE SESSION (closed to the public) ES-31 A. Article 6252-17, Senate Concurrent Resolution Number 83; discussion with City Attorney concerning matters involving privileged communication between Attorney and Client: 1) The City's liability as concerns traffic control devices. Prior to discussion on this item, Council convened in Executive Session as allowed under Article 6252-17, Senate Concurrent Resolution No. 83; at 8:28 p.m. and adjourned back into open session at 8:58 p.m. REGULAR SESSION (open to the public) City Engineer Russell Doyle made a presentation to the Council on this item concerning the three (3) intersections that have been requested for traffic control devices. No action was required on this item. Item 29: a. Reconsideration to have staff perform traffic control studies at Plantation/Southern Belle and Bethel School/Moore Road intersections. b. Discussion, consideration of directing staff to perform traffic studies at Plantation/Southern Belle and Bethel School/Moore Road. Councilman Morton moved that the City reconsider Item 29-a. Mayor Pro Tem Wilkerson seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson and Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Following the information that was presented under Item 29-a, it was determined the City may need to get new traffic counts and updated data since the information provided is from the previous year. Following discussion on this item, Councilman Smothermon moved that the City increase patrols at both intersections as listed in the caption, that radar control be used at Southern Bell and Plantation Drive with discretionary radar control being used at Bethel School and Moore Roads, and that a new traffic count be obtained for Southern Belle and Plantation. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson and Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Additional discussion was held concerning a proposed solution to the fence problem at Bethel School and Moore Road. City Manager Alan D. Ratliff stated that staff has been working on this item and will bring forward a proposed solution. CONSENT AGENDA Item 30A Discussion, consideration of approval of an ordinance for Case #'s S-1025 and S-1029, to change the zoning designation from (LI) Light Industrial, to (LI-SUP) Light Industrial, Special Use Permit, on a parcel of land located at 1203 Crestside Drive, at the request of Mr. Gordon Dunaway, and authorizing the Mayor to sign. Item 30B Discussion, consideration of approval of an ordinance for Case ~S-1033, to change the zoning designation from (SF-12) Single Family-12, to (SF-12-SUP) Single Family-12 Special Use Permit, on a parcel of land located approximately 450 feet south of the southeast corner of Heartz Road and Sandy Lake Road, at the request of Christ our Savior Lutheran Church, and authorizing the Mayor to sign. Page 9 of 11 Item 30C Discussion, consideration of approval or an ordinance for Case #S-1034, to change the zoning designation from (C) Commercial, to (C-SUP) Commercial, Special Use Permit, on a parcel of land located at 125 Kimbel Kourt, at the request of Mr. Morris Salerno, and authorizing the Mayor to sign. Item 30D E Discussion, consideration of approval of an ordinance for Case ~ZC-510, to change the zoning designation from (A) Agricultural, to (HC) Highway Commercial, to allow for the development of Highway Commercial, on a parcel of land located on the south side of Cotton Road (east), and approximately 250 feet from the center line of Freeport Parkway, and authorizing the Mayor to sign. Discussion, consideration of approval of an ordinance for case #S-1026 to change the zoning designation from (SF-9) Single Family-9, to (SF-9-SUP) Single Family-9-Special Use Permit, to allow the operation of a church, on property located approximately 600 feet north of the northeast corner of Sandy Lake Road and Samuel Boulevard, and authorizing the Mayor to sign. Item 30F Discussion, consideration of approval of an ordinance for Case #S-1044 to change the zoning designation from (SF-12) Single Family-12, to (SF-12-SUP) Single Family-12-Special Use Permit, on a parcel of land located at 572 Rocky Branch Road and authorizing the Mayor to sign. Item 306 Review, consideration and final acceptance of 34" crosstown water line and other miscellaneous waterline improvements and approval of final pay application, in the amount of $70,652.70. Item 30H Review, consideration and final acceptance of the Bethel Road drainage improvements and approval of final pay application, in the amount of 322,911.95. Item 30I Consideration for awarding of bid; for purchase of office supplies, for the period from November 1, 1989 to September 30, 1990. Item 30J Discussion, consideration of moving $1,000.00 from the Contingency Fund in Mayor and Council Budget to Special Projects to be used by the Coppell Historical Committee. Item 30K Discussion, consideration of approval of an ordinance amending Ordinance #314 to allow one-way traffic on Rolling Hills from December 1, 1989 through December 27, 1989 and authorizing the Mayor to sign. Item 30I, Discussion, consideration of approval of the Dallas County Health Services Agreement for F.Y. '89-'90, by formal resolution, in the amount of $1,763.00. Councilman Morton moved that the Consent Agenda be approved as submitted and the Mayor be authorized to sign all approved ordinances and resolutions. Councilman Smothermon seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson and Councilmen Thomas, Morton, ~mothermon, Cowman, R0berts0n and Nelson voting in favor of the motion. Ordinance numbers assigned are as follows: Iten No. Ordinance/Resolution No. 30A 30B 30C Ordinance No. 297-A-66 Ordinance No. 297-A-67 Ordinance No. 297-A-68 Page 10 of 11 30D 30E 30F 30K 30L Ordinance No. 297-A-69 Ordinance No. 297-A-70 Ordinance No. 297-A-71. Ordinance No. 89-457 Resolution 111489.6 EXECUTIVE SESSION (closed to the public) ES-31 A. Article 6252-17, Senate Concurrent Resolution Number 83; discussion with City Attorney concerning matters involving privileged communication between Attorney and client: 2) 3) D/FW Airport expansion Discussion concerning Southwestern Railroad obligation in the amount of $92,768.06. Be Article 6252-17, Section 2(e); discussion with City Attorney and review of pending litigation matters by City Attorney: 1) General Homes; second lawsuit. Article 6252-17, Section 2(g); discussion concerning personnel. 1) Discussion of personnel matters relating to City Boards & Commissions. Council convened in Executive Session at 9:44 p.m. as allowed under Article 6252-17, Senate Concurrent Resolution Number 83; and adjourned at 10:48 p.m. REGULAR SESSION (open to the public) There was no action required in connection with Executive Session item ES-31A through C, as set forth above. There being no further business to come before the Council, the meeting was adjourned. Mark Wolfe, Mayor ATTEST: Dorothy Timmons, City Secretary MINUTES 111489 MNTS3 Page 11 of 11