Loading...
CC approval of ORD-8/14/90 CONSENT AGENDA ~~_~-_ .._~._. AGENDA REQ ST FORM ITEM CAPTION: To consider an o~i-~-ce fo~ Case ~S-1037.1, to cb~n~e the zo-ing designation from (SF-1Z) Single-Family-lZ, to (SF-1Z,SUP) Single-Family-lZ Special Use Permit, on a~parcel of land located apl~roximately 100¢~feet north of the northeast c~'ner of MacArthur Boulevard and Riverchase Drive, ~'~pw ~pera~b-d~f private club, and authorizing. the M~__v .~.~. to ~l~,,.~ the a ~ ..... .~ .... ~ ~, SUBMITTED BY: STAFF~ T~Y°~ Bowman, P&Z Coor~i~at~ ~ OTHER R~P.: Larry Jackson. City Att.-ney O~$ F. VALUATION OF I~F.M: DATE: Date of Pl~.-iug & Zoning Meeting: September Z1, 1989 Decision of PlznnlnE Commission: Approved with conditions. Date of City Council Meeting: October 10, 1989 APPROV£D CITY COUN~L ,DATE ~//~.~o BUDGET AMT. N/A AMT. ESTIMATED AMT +/- BUDGET FINANCIAL REVIEW BY COMMENTS: LEGAL REVIEW BY: REVIEWED BY CM: ~/',- ~,.....~-f ~ AGENDA "~OOEST FO~M 5/~0 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 American Golf Association, No. S-1037.1, 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 CoppeI1, 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: Special Use Permit for a Private Club at the Riverchase Golf Course Clubhouse. Said Special Use Permit shall be conditioned upon the following special regulations: 1. Use to comply with site plan attachd hereto as Exhibit 1. 2. Use to comply with the provisions of the special use classification "Restaurant With Private Club" with the following exceptions or conditions: a) While in temporary clubhouse may operate with 1,524 square feet of air conditioned space in the temporary clubhouse plus 497 square feet of patio space for a total of 2,021 square feet. b) That notices be posted throughout the clubhouse and golf course that no alcohol consumption is allowed except in the clubhouse. c) Exterior signs may read "Riverchase Golf Club". d) May operate with food preparation and storage area of 160 square feet or 7.9% of the total restaurant area including patio and non- food area of 2, 021 square feet. e) The snack bar operation in the temporary clubhouse shall produce non-alcoholic food and drink sales of approximately 50% of total food and alcoholic beverage combined sales. f) May operate without a designated waiting area and screening in the temporary clubhouse. raid property being described as follows: BEING a 3.4774 acre tract of land located on the Riverchase Golf Course, City of Coppell, Dallas County, Texas. Said property more particularly shown on the site plan attached hereto as Exhibit "1", and described by meetes and bounds in Exhibit 2. 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 shal! 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. DIJLY P,a.~qgl~D by the City Council of the City of Coppell, Texas, this the dayof (~~.ff~ , 1990. APPROVED: Z,O ? ':~,.,1~e - ~ / CITY ATTORnEy ' CZ90-0808 S-1037.1 s~.~^~ ~ City of Coppell [ ~_~.' T~: Riverchase Golf Course ~'.'~i~ Proposed Design & Const. by American Golf Corp. LEGAL DESCRIPTION STATE OF TEXAS ) ) COUNTY OF DALLAS ) WHEREAS, Golf Enterprises, a California General Partnership, is the Owner of a 3.4774 acre tract of land situated in the W. Perry Survey, Abstract No. 1152, Dallas County, Texas, and being in the City of Coppell, and being part of the property conveyed to Golf Enterprises, according to the deed recorded in Volume 87174, Page 3449, of the Dallas County Deed Records, and being more particularly described as follows: COMMENCING, at a point lying on the north line of the St. Louis and Southwestern Railroad right-of-way (100' R.O.W.), said point being the southwest corner of an 8.36 acre tract conveyed to Jim Doerr, Trustee, according to the deed recorded in Volume. 86067, Page 5461, of the Dallas County Deed Records; THENCE, North 86° 21'-18" West, along said north railroad right-of-way line, 330.00 feet to a point lying on a west line of said Golf Enterprises tract; THENCE, North O1° 07'-08" West, along said west line, 895.00 feet to an angle point; THENCE, North 57° 57'-08" West, along a southwest line of said Golf Enterprises tract, 318.38 feet to a point lying on the southwest line of Riverchase Drive (a 60' R.O.W.), said point being the beginning of a curve to the left, having a central angle of 19" 08'-00", a radius of ~40.00 feet, a chord bearing of N 28° 35'-56" E, and a chord length of 179.49 feet; EXHIBIT 2 THENCE, along said curve and with the southeast line of Riverchase Drive, an arc distance of 180.33 feet to a 1/2" iron rod at the POINT OF BEGINNING: THENCE, continuing along said curve to the left, and with the east line of Riverchase Drive through a central angle of 15° 18'-36" and a tangent length of 72.58 feet, an arc distance of 144.29 feet to a 1/2" iron rod at a north line of said Golf Enterprises tract; THENCE, North 89° 57'-17" East, 651.75 feet along said north line to a 1/2" iron rQd; THENCE, South 26° 40'-49" West, 306.10 feet to a 1/2" iron rod; THENCE, South 63° 11'-05" West, 11.32 feet to a 1/2" iron rod; THENCE, South 85° 35'-15" West, 155.88 feet to a 1/2" iron rod; THENCE, South 71° 51'-01" West, 79.04 feet to a 1/2" iron rod; THENCE, North 60° 57'-04" West, 26.58 feet to a 1/2" iron rod; THENCE, North 58° 39'-14" West, 33.21 feet to a 1/2" iron rod; THENCE, North 55° 55'-11" West, 51.18 feet to a 1/2" iron rod; THENCE, North 53° 10'-22" West, 53.67 feet to a 1/2" iron rod; THENCE, North 51° 46'-10" West, 53.42 feet to a 1/2" iron rod; , THENCE, North 53° 29'-52" West, 60.15 feet to a 1/2" iron rod; THENCE, North 68° 23'-56" West, 26.69 feet to a 1/2" iron rod; THENCE, North 87° 06'-13" West, 14.13 feet to a 1/2" iron rod; THENCE, North 78° 08'-47" West, 44.85 feet to the POINT OF BEGINNING, containing 3.4774 acres (151,476.2383 square feet) of land. possibility of meeting these deadlines would be enhanced. However, this type of a program does take considerable staff time in order to monitor all of the federal requirements. Item 17 Liaison Reports A. ARCHITECTURAL REVIEW COMMITTEE - There was no report at this time. B. CHAMBER OF COMMERCE - There was no report at this time. C. COPPELL HISTORIC DISTRICT - Councilman Nelson stated that the Historic Committee had met the previous evening and were contacting land owners in the area concerning their input for the historic district area. Bills in the amount of $295 from this committee will be coming forward for Council consideration in the near future. D. DALLAS CENTRAL APPRAISAL DISTRICT - There was no report at this time. E. FINANCE COMMITTEE - Mayor Pro Tem Smothermon again reminded Council of the upcoming budget meeting on August 24 and 25. He also indicated if Council was interested in submitting budget items, those need to be submitted at the earliest possible time. F. LIBRARY BOARD - Councilman Weaver indicated that the Library Board had met the previous evening with information being presented on a library site acquisition. Additionally, the Denton County Library Association meeting had been attended. Due to no citizens living in Denton County, funding from this area was denied. G. METROCREST RED RIBBON COMMITTEE - There was no report at this time. H. MUD ABSORPTION COMMITTEE - There was no report at this time. I. NCTCOG - Councilman Weaver attended the COG meeting on behalf of Liaison Tom Morton. The program, on Solid Waste Management, was very informative. Newspaper recycling was also discussed at this meeting. J. PARK BOARD - There was no report at this time. K. RECYCLING COMMITTEE - Councilman Weaver stated that the Recycling Committee is meeting on a weekly basis. Information from these meetings will be forwarded to the City Manager to be included in the weekly FYI packets to keep Council informed. L. SCHOOL BOARD - Councilman Robertson indicated that the School Board liaisons had met and representatives from both sides were present to work with studying the City's interest and need for a YMCA facility. The city representatives are as follows: Millie Larsen Keith Roberson Linda Carter Melinda Surbaugh Staff was requested to prepare a Consent Agenda item for consideration at the next Council meeting. Other groups reported on were the Office on Aging, the Metrocrest Youth and the Planning and Zoning Study Committee. Consent Agenda 18 A. To consider an ordinance for Case #S-1042, to change the zoning designation from (R) Retail and (C) Commercial, Page 6 of 9 to (C-SUP) Commercial Special Use Permit, on a parcel of land, for the operation of a restaurant located at 135 S. Denton Tap Road, and authorizing the Mayor to sign. B. To consider an ordinance for Case #PD-109, to change the zoning designation from (LI) Light Industrial, to (PD- SF-9) Planned Development Single-Family-9, on a parcel of land located near the southeast corner of Thweatt Road and State Road, and authorizing the Mayor to sign. C. To consider an ordinance for Case #ZC-512, to change the zoning designation form (A), (R), (MF), (O) and (LI) Agricultural, Retail, Multi-Family, Office and Light Industrial, to (LI) and (HC) Light industrial and Highway Commercial, on a parcel of land located north of Denton Creek and west of Denton Tap Road, and authorizing the Mayor to sign. D. To consider an ordinance for Case #PD-112, to change the zoning designation from (TH-2) Townhouse-2, to (PD-SF- 0)Planned Development Single-Family-O, on a parcel of land located at the southwest corner of Parkway Boulevard and MacArthur Boulevard, and authorizing the Mayor to sign. E. To consider an ordinance for Case #S-1037.1, 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 1000 feet north of the northeast corner of MacArthur Boulevard and Riverchase Drive, to allow the operation of a private club, and authorizing the Mayor to sign. F. To consider an ordinance for Case #S-1041, to change the zoning designation from (LI) Light Industrial to (LI- SUP) Light Industrial Special Use Permit, on a parcel of land located at the northwest corner of Coppell Road and Thweatt Road, for the operation of an electric substation, and authorizing the Mayor to sign. G. Consideration of waiving the $50.00 filing fee for the Code Advisory and Appeals Board to hear an appeal by the Coppell Independent School District. H. Consideration of a request for waiver of Section 9-7-1 A of the City's Code of Ordinances, by the Coppell Independent School District, regarding the placement of temporary metal buildings at the Coppell Middle School for the 1990-1991 school year. I. Consideration for awarding a bid for purchase of PC equipment and software to various firms for a total of $14,007.46. J. Notification of Final Payment in the amount of $110,747.40 to Preload Construction Company, Inc. and acceptance of the Village Parkway 4.0 MG Reservoir, including Change Orders No. 1 and No. 2 and Field Change No. 1. K. Consideration and approval to grant a credit to Minyards for water and sewer payments billed by and made to the City for consumption through meter #9130, in the amount of $15,421.57. Council requested that Items 18 B, 18 G and 18 I be withdrawn for individual consideration. Mayor Pro Tem Smothermon then moved that Items 18 A, 18 C, 18 D, 18 E, 18 F, 18 H, 18 J, & 18 K be approved. Councilman Morton seconded the motion; the motion carried 5-0 with Mayor Pro Tem Smothermon, Councilmen, Weaver, Morton, Robertson and Nelson voting in favor of the motion. The following Ordinance Page 7 of 9 numbers are assigned to ordinances listed under the consent agenda. Item 18 A, Ordinance No. 297-A-79, Item 18 C, Ordinance No. 297- A-81, Item 18 D, Ordinance No. 297-A-82, Item 18 E, Ordinance No. 297-A-83, Item 18 F, Ordinance No. 297-A-84. Councilman Morton then requested information on the Hike & Bike Plan not being included in the platting of Item 18 B. City Staff indicated that the Streetscape requirements of this platting were met; however, the Hike & Bike path had not been enforced in previous plats and was therefore not considered with this plat. Staff additionally indicated that the Park Board would be looking at the Hike & Bike trails throughout the entire city when the new Park Director comes on board. Following further discussion, Councilman Nelson moved that this ordinance 297-A-80 be approved. Mayor Pro Tem Smothermon seconded the motion; the motion carried 4-1 with Mayor Pro Tem Smothermon and Councilmen Morton, Robertson and Nelson voting in favor of the motion and Councilman Weaver voting against the motion. Councilman Morton then stated that he had withdrawn Item 18 G in error and moved for its approval. Mayor Pro Tem Smothermon seconded the motion; the motion carried 5-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Robertson and Nelson voting in favor of the motion. Councilman Weaver requested information concerning the various sizes of PC'S for purchase by the City. Deputy City Manager/Finance Director Frank Trando indicated the Police Department was in need of a larger PC for use with some of their special programing. Following discussion on this item, Councilman Weaver moved that Item 18 I be approved with awarding the bid to Micro Age Computer Store of Dallas, Entre Computer Center of Dallas, The Soft Source of Dallas, Computercraft of Dallas and Soft Warehouse of Dallas in a total amount of $14,007.46. Councilman Morton seconded the motion; the motion carried 5-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Robertson and Nelson voting in favor of the motion. EXECUTIVE SESSION (Closed to the Public) ES-1 A. Article 6252-17, Section 2 (e) and Senate Concurrent Resolution Number 83, discussion with City Attorney concerning matter involving privileged communications between attorney and client. 1. Coppell/Grapevine boundary dispute 2. Johnny Thompson annexation question 3. Kaye Street Drainage 4. Mr. Bar-B-Q 5. Lomas & Nettleton Agreement 6. Huel Weaver Lawsuit 7. Parks of Coppell Joint Venture contract B. Article 6252-17, Section 2 (f), discussion with respect to the purchase, exchange, lease of real property and City liability 1. Status report on Library Site Acquisition 2. MacArthur Boulevard Right of Way C. Article 6252-17, Section 2 (g) discussion concerning personnel 1. Board of Adjustments Council convened in Executive Session at 8:51 p.m. on Tuesday, August 14, 1990 as allowed under the above stated articles. Mayor Wolfe adjourned the Executive Session at 9:35 p.m. Page 8 of 9