CC approval of ORD-1/25/94~/~ The City'~t~ ^ ~ufl~ F~
C~ CO~C~ ~G
AGENDA REQUEST FORM
_lammry 2_q; 1004
ITEM NUMBER
ITEM CAPTION:
To consider an ordinance for Case #S-1061 to change the zoning designation from LI (Light Industrial) to
LI.S.U.P. (Light Industrial, Special Use Permit) on a parcel of land located at 820 S. MacArthur Boulevard,
Suite 124, at the request of Subway Restaurant, and authorizing the Mayor to sign.
r
(l)ilor's Signature)
SUBMITTED BY:
OTHER REP.:
DATE:
EVALUATION OF ITEM:
Date of CC Meeting: October 13, 1992
Decision of CC: Approval (7-0)
BUDGET AMT. /~///~
AMT. +/- BUDGET
COMMENTS:
AMT. ESTIMATED
FINANCIAL REVIEW BY/~,~ ~
Please see the attached site plan and minutes for further details.
LEGAL REVIEW BY: REVIEWED BY CM: ~~
AGENDA REQUEST FORM REVISED 2/93 /
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. qj~ ~./z2 _ zj/
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 SPECIAL
USE PERMIT WITH SPECIAL CONDITIONS IN AN "LI" LIGHT INDUSTRIAL
DISTRICT, TO ALLOW THE OPERATION OF A RESTAURANT TO BE
LOCATED AT 820 S. MACARTHUR BOULEVARD, SUITE 124, AS SHOWN ON
THE SITE PLAN IN EXHIBIT "A' ATTACHED HERETO; PROVIDING FOR THE
APPROVAL OF THE SITE PLAN ATYACHED HERETO AS EXHIBIT "A";
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 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. S-1061 should be granted, and in the exercise of legislative
discretion have concluded that the Comprehensive Zoning Ordinance should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION h
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 Special Use Permit with special conditions
in an "LI" Light Industrial District, to allow the operation of a restaurant to be located at
820 S. MacArthur Boulevard, Suite 124, as shown on the Site Plan in Exhibit "A", attached
hereto and made a part hereof for all purposes.
SECTION 2.
That the Specific Use Permit for a restaurant is hereby approved subject to the
following conditions, to wit:
1. Signage will meet all requirements of sign ordinance.
2. That the Specific Use Permit shall be in accordance with the Site Plan
marked Exhibit "A".
SECTION 3.
That the Site Plan for the Specific Use Permit shown in Exhibit "A" attached hereto
and made a part hereof for all purposes, is approved.
SECTION 4. 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 5. REPEALING CLAUSE
That all provisions of ordinances 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 6. SEVERABILITY CLAUSE
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.
2
SECTION 7. PENALTY CLAUSE
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 8. SAVINGS CLAUSE
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 9. EFFECTIVE DATE
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 P~&SSED by the City Council of the City of Coppell, Texas, this the - · --
,1994.
APPROVED:
TOM MORTON, MAYOR
ATTEST:
CTTY SECRETARY
APPROVED AS TO FORM:
PETE~G. S~lTY ATFORNEY
4 AGG04FED
LAND U~E
BU&.DINq AREA
PHASE I
SUITE ~
102 1.684 SF
112 2,000 SF
113 1,200 SF
lO&
VALLEY
RANCH
CENTRE
820 S. MacARTHUR
TENANT
MOVIES 'N RECORDS
AVAILABLE
PIZZA HUT
COFPELL TRAVEL
VALLEY RANCH CLEANERS
MAIL BOXES
AVAILABLE
CENTURY 21
STATE FARM INSURANCE
DR WAYNE & JUL~E SCOTT/DENTIST
SIX CUT 'N UR
(~HIN£SE RESTAURANT
OPTOMETRIST
ALLSTATE INSURANCE'
AVAILABLE
ANtMAL CLINIC OF COla~ELL
CECILIA MOORMAN'S HAIR SALON
AVAIL ARLE
PETS N MORE
TOM THUMR
g~IB~AY
LOCATION MAP
VALLEY RANCH CENTRE
~--.l-e s~, United Commeroial Realty~,.~
"FOOl Pi*oratoR 'md. famine IOO
D&IIm~. Tel.
OUTPARCIL
13,79t 8P
BELTLINE
L TOM THUMB
. 68,760 SF
II I
19. Discussion regarding YMCA - City of Coppell Swimming Pool.
Steve Goram, Director of Public Works, made the presentation to Council. He stated that staff
spoke with the Texas Parks and Wildlife Department regarding the use of the City park for a
swimming pool site, to be leased by the YMCA. The state indicated approval of this use is high
due to the fact that a swimming pool site has always been in the park plan. The staff also
reviewed other sites but did not feel comfortable with the other locations. The questions of
liability were addressed, and the staff will now meet with the YMCA and the school for
preliminary discussions. The staff will bring hack a final proposal to Council for consideration.
No action was required by the Council.
20.
PUBLIC HEARING: To consider approval of a zoning change, Case gPD-129-R, (Parks
of Coppell, Tract m), from (TC) Town Center, to (PD-SF-9) Planned Development
Single Family-9, located at the southwest comer of Parkway Boulevard and Denton Tap
Road, at the request of Dan Dowdey and Associates.
Gary Sieb, Director of Planning and Community Services, made his presentation to Council. Bill
Anderson, representing the developer Dan Dowdey and Associates, also made a presentation.
He said they added alleys in the interior, which met the request of the Council. Mayor Wolfe
asked for those persons who would like to speak in favor of this proposal, because this item was
left open from the Public Hearing of September 8, 1992. There were none. He then asked for
those persons who wished to speak against this proposal. Again, there were none. Mayor Wolfe
then declared the Public Hearing closed. Information regarding the hill, which would be a 10-
foot rise from the center line, was discussed. Councilman Thomas expressed his appreciation
to the efforts that the developer has performed, yet he stated that he does not believe this is the
highest and best use for the land. He believes there are to many issues involved, and does not
feel comfortable with it being a residential zoned area at this juncture. Councilman Weaver made
the motion that the zoning change be approved with the condition that the developer maintain
the preservation of the hill and the trees presently on that site, and that any material removed
from that site will be only as required to construct streets and homes, and that material removal
be approved by the City Engineer. Councilman Morton seconded the motion. The motion failed
2-5 with Councilmen Weaver and Morton voting in favor of the motion, and Mayor Pro Tem
Smothermon and Councilmen Thomas, Mayo, Robertson and Garrison voting against the motion.
Councilman Robertson moved to approve the item with the conditions that Mr. Anderson has
brought forward as far as the grade change to be cut down approximately 30 feet, and to
increase a 10-12 foot rise from the street level, and with the conditions on the face of a plat.
Councilman Mayo seconded the motion. The motion carried 4--3 with Mayor Pro Tern
Smothermon and Councilmen Mayo, Robertson and Garrison voting in favor of the motion and
Councilmen Weaver, Thomas and Morton voting against the motion.
21.
Consider approval of a preliminary plat of Parks of Copper - Tract IR, located at the
southwest corner of Parkway Boulevard and Denton Tap Road, at the request of Dan
Dowdey and Associates.
Gary Sieb, Director of Planning and Community Services, made the preseotation to Council.
After discussion, Councilman Robertson moved to approve the preliminary plat with the mine
stipulations as agenda item g20. Councilman Mayo seconded the mo6on. The motion carried 4-3
with Mayor Pro Tem Smothermon and Councilmen Mayo, Robertson, and Garrison voting in
favor of the motion, and Councilmen Weaver, Thomas and Morton voting against the motion.
22.
PUBLIC HEARING: To consider approval of a zoning change, Case #S-1061, from (LI)
Light Industrial, to (LI-SUP) Light Industrial Special Use Permit, for the operation of
a Subway Restaurant, located at 820 S. MacArthur Boulevard, Suite #124, at the request
of Mr. Thomas Chapman.
Gary Sieb, Director of Planning and Community Services, made his presentation to Council. He
stated that, if the sign is oversized, it can be approved with the requirements of the sign
ordinance being followed. Tom Chapman, representative of the Subway Restaurant, also
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addressed the Council. Mr. Sieb notified the Council that the representatives of the Subway
Restaurant will apply for a variance from the sign ordinance for their sign. Following discussion
by Council, Mayor Pro Tern Smothermon moved to approve this zoning change as submitted,
but will not include any variance to the sign, which will come back to the Council later.
Councilman Robertson seconded the motion. The motion carried 7-0 with Mayor Pro Tern
Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson, and Garrison voting
in favor of the motion.
23.
PUBLIC HEARING: To consider approval of a replat of Valley Ranch Center, Block
1, Lots B-R1 thru B-R3, located at the southeast corner of MacArthur Boulevard and
Beltline Road, at the request of United Commercial Realty.
Gary Sieb, Director of Planning and Community Services, made the presentation to Council.
Councilman Weaver moved to approve a replat of Valley Ranch Center, Block 1, Lots B-RI
through B-R3, located at the southeast corner of MacArthur Boulevard and Beltline Road, at the
request of United Commercial Realty. Councilman Morton seconded the motion. The motion
carried 7-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton,
Mayo, Robertson, and Garrison voting in favor of the motion.
24.
Citizens appearance by Walter Pettijohn to discuss with the Council the Donald R.
Markey vs. City of Coppell lawsuit.
Walter Pettijohn, 525 Oak Grove, Coppell, made a presentation to Council. He thanked the
Mayor and Council for opening up communications, and apologized for requesting an item being
put on the agenda, and then asking to remove it from the agenda. He stated he was hoping for
a transcript of the hearing. Four hearings were held on this item, and Mx. Pettijohn expressed
several questions: 1) Why was it brought back the third time?, 2) Why did the District Court
not settle this case?, 3) Why did the District court send it to mediation?, 4) How did Arthur
Kwast cause this to go to court when he was not on the Board of Adjustments until several
months after the case was filed? The case was filed on July 18, 1989 and Mr. Kwast was
appointed to the Board of Adjustments in October, 1989. City Attorney Larry Jackson responded
to Mr. Pettijohn's questions.
25. Citizens Appearances
Johnny Thompson, 1780 E. Beltline, Coppell, expressed a complaint concerning the treatment
of him by the City Staff.
Walter Pettijohn, 525 Oak Grove, Coppell, thanked the City for paving Oak Grove Road. He
also asked why the Citizens Appearance is at the end of the agenda. He would like to request
it be put back at the first of the agenda.
Michael Walsh, 309 Phillips Drive, Coppell, and Volunteer Coordinator for Kid Country,
requested permission to use a speaker phone and advertise throughout the City Saturday and
Sunday, October 17 and 18. Consensus on this item was given under the Mayor's Report.
26. Mayor's Report
Mayor Wolfe gave an accolade to Fire Chief Clay Phillips for singing five (5) songs at
the National Fire Fighters Memorial Service in Washington, D.C.
Mayor Wolfe stated a Certificate of Achievement went to the Finance Department and
Frank Trando for excellence in financial reporting for the third time.
Mayor Wolfe stated the City of Sugar Land used the same materials that the City of
Coppell's citizens used in defeating the Civil Service.
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Page 6 of 10
Co
mo
COuncilmember Reitman voiced his agreement with Mayor Pro Tem Robertson regarding
a recreation center site at Food Lion.
Mayor Morton reminded everyone about the Coppell Gala to be held on March 5, 1994
at the Grand Kempenski Hotel.
Councilmember Watson asked that staff review the Lake Park replat for options of a hike
and bike trail. Also Councilmember Watson asked for consensus of Council that staff
look into securing easements along Beltline for the hike and bike trail. Council gave
consensus.
Councilmember Weaver spoke to Council regarding homeowner associations and asked
for consensus of Council to define a standard homeowner agreement. Council gave
consensus.
18. Liaison Reports.
D/FW Airport Expansion -- Councilmember Stahly informed the Council that a meeting is
scheduled on the noise forum to be held January 26, 1994. Councilmember Weaver discussed
the noise forum and urged the Council to maintain relations with the airport.
Economic & Business Development Board -- Councilmember Stahly announced that the
Economic and Business Development Partnership has established with MJ Designs an official
ground-breaking ceremony to be February 10, 1994 at 11:00 a.m.
Neighborhood Integrity Ordinance -- Councilmember Stahly stated the ordinance had been
revised.
Office on Aging -- Councilmember Stahly reminded everyone of the Infofair to be held
February 8, 1994 at the Farmers Branch Recreation Center.
YMCA -- Councilmember Stahly thanked the Mayor for proclaiming YMCA Appreciation Week
and announced that the grand opening ceremony was held Saturday, January 22, 1994.
Data Processing Committee -- Councilmember Weaver stated that staff has been reviewing the
finished report from Arthur Andersen and a meeting should be held within the next couple of
weeks.
City-Wide Storm Water Management Plan -- Councilmember Weaver expressed a need for an
emergency meeting to look at the Pulte Homes subdivision.
Library Board -- Councilmember Weaver announced that bids will be coming in around the
22nd. City Manager Jim Witt informed the Council that there was one administrative issue
concerning the Library to be worked out.
Councilmember Watson informed Council that he was not able to attend the meetings for
NTCOG and would like to be removed from that committee. Councilmember Reitman was
appointed to NTCOG in Councilmember Watson's place.
Mayor Pro Tem Robertson asked that City Staff schedule an agenda item to recognize former
Mayor Wolfe and Councilmembers Thomas and Smothermon with plaques.
CONSENT AGENDA
19. Consider approval of the following consent agenda items:
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Page 5 of 6
A. Consider approval of minutes: January 11, 1994
Consider ratification of designation of City Engineer Ken Griffin as
Acting City Manager in case of disability or absence of the City
Manager, in accordance with Article 4, Section 4.01 E of the City
Charter, as recommended by City Manager Jim Witt.
Ce
Consideration of an ordinance for Case #ZC-550 to change the zoning
designation from MF-2 (Multi-Family-2) to SF-9 (Single Family-9) on
a parcel of land located at the northwest corner of Beverly Drive and
Warren Crossing, at the request of Mr. Ray Warren, and authorizing
the Mayor to sign.
De
Consideration of an ordinance for Case #S-1061 to change the zoning
designation from LI (Light Industrial) to L.I.S.U.P. (Light Industrial,
Special Use Permit) on a parcel of land located at 820 S. MacArthur
Boulevard, Suite 124, at the request of Subway Restaurant, and
authorizing the Mayor to sign.
Consideration of an ordinance for Case #S-1060 to change the zoning
designation from C (Commcrcial) to C.S.U.P. (Commercial Special Use
Permit), on a parcel of land located at the southeast corner of Sandy
Lake Road and Denton Tap Road, at the request of Univest and
authorizing the Mayor to sign.
Fe
Consideration of awarding Bid #Q-1093-03, "C.C.T.V. SYSTEM", to
provide for improved building security at Coppell Town Center in the
amount of $11,348.00 to Southwest Security.
Councilmember Garrison moved to approve Items 19 A, B, C carrying Ordinance No.
91500-A-40, D carrying Ordinance No. 91500-A-41, E carrying Ordinance No. 91500-A-42 and
F. Mayor Pro Tern Robertson seconded the motion; the motion carried 6-0 with Mayor Pro
Tem Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, and Garrison voting
in favor of the motion.
There being no further business to come before the City Council, the meeting was adjourned.
ATTEST:
Tom Morton, Mayor
Linda Grau, Assistant City Secretary
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