CC approval of ORD-8/14/90CONSENT AGENDA
ITEM CAPTION: To consider an ordinance fo~ Case ~S-104Z, to chonge the zoning designation
from (R) Retail and (C) Commercial, to (C-SUP) Commercial Special Use Permit, on a parcel of land,
for the operation of a~t'{~taurant located at 135 S. Denton Tap Road, and auth~-izing the Mayor to sign.
SUBMITTED BY: STAF tor
- i ~Dirtt°r's Signature) ~
OTH
EVALUATION OF ITEM: DATE:
Date of pl~nnlng & Zol)in~ Meeting: April Z0, 1989
Decision of Pl:anning Commission: Approved
APPROIIED
Date of City Council Meeting: May Z3, 1989 BY
Decision of City Council: Approved CITY
.
Please .see attached ~ite plan and City Council minutes~ for fm-ther ' ~.
BUDGET AMT.
AMT +/- BUDGET
COMMENTS:
AMT. ESTIMATED
FINANCIAL REVIEW BY
LEGAL REVIEW BY:
AGENDA REQUEST FORM 5/90
REVIEWED BY CM:
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 T. HE 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 Kentucky
Fried Chicken, No. ~-1042, 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: :
"C-SUP" Commercial District Classification with a Special Use Permit for a
restaurant.
Said Special Use Permit shall be conditioned upon the following special conditions:
1.
2.
Approved with variance for additional curb cut for a driveway.
Restaurant to conform to architectural rendering attached as Exhibit "1".
Provided however, signage as shown on the rendering is not approved as
a part of this ordinance.
Said property being described as follows:
BEING a tract of land known as 135 South Denton Tap Road and being ,,
located on the west side of Denton Tap Road, south of the intersection
of Denton Tap Road and Sandy Lake Road, City of Coppell, Dallas County,
Texas.
Said property also shown on the site plan attached as Exhibit "2" and
described in the field notes attached hereto as Exhibit "3".
SECTION 2. That all 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 shal! 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 PA~SED by the City Council of the City of Coppell, Texas, this the /c/ .
A~ROVED AS TO FORM:
CiTY'A ORS .Y
CZ90-0805
APPROVED:
MAYO~/
CITY SECRETARY/,~ 7',
PARKIHG REOUIREt~ENT~ LANDSCAPE A~AS
3.~ S~A~ ~T ~ BUI~NG ~EA
H. T. ARDINGER, JR. ~ ~ s~ ~.o.~' ~,~
(PROPOSED SHOPPING CENTER) 2~
~EHT Z~ING IS ~T~
~ ~ ~ ........... ~ ........
~ ........................
.................................
~, .. .~.~ ........ - . · ~1..
~ . . . : '.:-- ,_...'~ '. , ~ .....
-. :.; . .-- ,. -.... ~'
,,
,
'AREA uNOER CoNSTRUCTiON
D E N T O N T A P R O A D Z 0' R. 0~- ) .
/ VARIANCE REQUESTED
~. ~ ~-N~ APPROA~ BE ~O~D.
FIELD NOTE DESCRIPTION
BEING a 0.7001 acre tract of land situated in the Edward A. Crow
Survey, Abstract Number 301 in the City of Coppell, Dallas Coun-
ty, Texas and being a portion of a 12.69 acre tract, of land
described in a deed to H. T. Ardinger, Jr.' as recorded in Volume
80024, P~ge 0676 of the Deed Records of Dallas County, Texas, and
being a portion .of a 0.352 acre tract of land described in a deed
to H. T. Ardinger, Jr. as recorded in Volume 87133, Page. 1530,
Deed Records of Dallas County, Texas, and said 0.7001 acre tract
being more particularly described as follows:
COMMENCING at a 2-inch iron rod found for the Northeast corner of
Lot 1, Block "A", M. P. McDonald's Addition, an addition to the
city of Coppell as recorded by plat in Volume 87233 at Page.2925,
Deed Records of Dallas County, Texas, said 2-inch iron rod also
being in the newly established West right-of-way line of'. Denton
Tap Road (a newly established 120-foot right-of-way) as recorded
in Volume 87133 at Page 1529, Deed Records, Dallas County, Texas,
said 2-inch iron rod also being South 02 deg. 09 min..'05 sec.
East a distance of 176.82 feet from the Southeast corner of a
corner clip at the intersection of the said West right-of-way of
said Denton Tap Road with the South right-of-way line of Sandy
Lake Road; .
THENCE South 02 deg. 09 min. 05 sec. East along said West right-[
of-way oF Denton Tap Road passing at 195.00 feet at the Southeast
corner of said Lot 1 for a total distance of 292.15 feet to a
1/2-inch iron rod set for the POINT OF BEGINNING;
THENCE along said West right-of-way of Denton Tap Road as fol-
lows:
South 02 deg. 09 min. 05 sec. East a distance of 148.38
feet to a 1/2-inch iron rod set for corner;
South 02 deg. 06 min.. 19 sec. East a distance of 27.79
feet to a 1/2-inch iron rod set for corner;
THENCE South 87 deg. 50 min. 55 sec. East departing said
rigth-of-way a distance of 178.98 feet to a 1/2-inch iron rod set.
for corner;
THENCE. North 02 deg. 09 min. 05 sec. West with the center of an
asphalt drive a distance of 37.13 feet to a 1/2-inch iron rod set
for corner;
THENCE North 32 deg. 08 min. 43 sec. West a distance of
feet to a 1/2-inch iron rod set for corner;
THENCE Nort~ 42 deg. 50 min. 55 sec. East a distance' of
feet to a 1/2-inch iron rod set for corner;
THENCE North 87 deg. 50 min. 55 sec. East a distance of
feet to a 1/2-inch iron rod set for corner;
THENCE: South 02 deg. 09 min. 05 sec. East a distance of
feet to a 1/2-inch iron rod set for corner;
' THENCE. ,.? Northl', ~ 87...
63.33
EXHIBIT'~ "3"
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.
Be
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.
Ce
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.
Dt
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.
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.
Fe
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.
Ge
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.
Mt
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.
Consideration for awarding a bid for purchase of PC
equipment and software to various firms for a total of
$14,007.46.
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.
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