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CC approval of ORD-3/10/92 CONSENT AGENDA AGENDA REQUEST FORM ,/--~--~ March 10, 199Z ITEM CAPTION: To co~id~ ~ ~ce for C~e ~1051, to ch~ge the zon~g desi~ati~ f~m (~) Light ~d~al, to (~.SUP) ~ght ~d~al Spe~al U~ P~it, on a p~cel of ~d located at 820 S. Mac~h~ ~ev~, S~te 102, ~d auth~z~g the May~ to si~. ~'~D~lrfr~s OTHER REP.: Lawrence Jackson, City Attorney Signature) EVALUAT{ON OF IT~.M' DATE: _ -- Date of P & Z Meeting: Decembee 13, 1990 Decision of P & Z Commission: Appeoved (5-0) Date of City Council Meeting: January 8, 1991 Decision of City Council: Appeoval Please see attached site plan and Council minutes for further details. APPROVED BY CITY COUNCIL DATE .~ -/c:,-- ~,~ _ BUDGET AMT. N/A AMT. E~TED AMT +/- BUDGET FINANCIAL REVIEW BY ~ COMMENTS: CM" LEGAL REVIEW BY: REVIEWED BY .,~.. Councilman Weaver reminded Council of the drainage problems on this property. Planning Direction Gary Sieb stated that the engineer has been informed that there is concern on the part of Council that there may be a problem with drainage. Council asked that Staff work with the School District and the engineer to be sure that the drainage problems are addressed. Following discussion of this item, Councilman Robertson moved to approve the final plat of the Pinkerton Elementary School Addition. Councilman Morton seconded the motion. The motion carried 7-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robert.son and Nelson voting in favor of the motion. Item 20 Consideration and approval of a preliminary plat of the Lee Elementary School Addition, located approximately 633 feet north of Sandy Lake Road, along the west side of Samuel Boulevard, at the request of Coppell Independent School District. Following discussion on this item, Mayor Pro Tem Smothermon moved to approve the preliminary plat of the Lee Elementary School addition. Councilman Morton seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 21 Consideration and approval of a final plat of the Lee Elementary School Addition, located approximately 633 feet north of Sandy Lake Road, along the west side of Samuel Boulevard, at the request of Coppell Independent School District. Councilman Weaver expressed concern about drainage problems at this site also. Following discussion on this item, Mayor Pro Tern Smothermon moved to approve the final plat of the Lee Elementary school addition. Councilman Robertson seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 22 Consideration and approval of a preliminary plat of the Coppell Road Elementary School Addition, located south of Sandy Lake Road, along the east side of Coppell Road, at the request of Coppell Independent School District. Following discussion of this item, Councilman Morton moved to approve the preliminary plat of the Coppell Road Elementary School addition. Councilman Robertson seconded the motion. The motion carried 7-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 23 PUBLIC HEARING: Consideration and approval of a zoning change, Case #S-1051, from (LI) Light Industrial to (LI-SUP) Light Industrial Special Use Permit, for a restaurant for Pizza Hut, located at 820 S. MacArthur Boulevard, Suite 102, at the request of Pi~-~ Hut. Planning Director Gary Sieb made the presentation to Council. Mayor Wolfe declared the Public Hearing open and asked if there were any citizens who wished to speak in favor or opposition. of this request. There were no citizens who wished to speak at this time. Mayor Wolfe declared the Public Hearing closed. Councilman Thomas moved to approve zoning change, ~ #S-1051, from (LI) Light. L'~d"~trial ~o "' e~,-, · :~,.o n mstaamnt for Piz~ Ilug Piz~Hut. Coungilman~~themo6on. The motion carried T-0 with Mayor Nelson valing m fnvor of '~- c.: ...... - .... !'.~-..-' , · '?'~::'?:-~'~:?~~4~?.:~ ~-~ ..... .; i:: :.:- :?. .~.~.... ¢~.:~;).~.-.:-u.~:;~.:.:~x;. S~, .c:-*' ~.~: -~ - ? .. ~' :%... :'~.~'i~,~ '-':- - 'i~ ~B~...-~,.. ...... ~ .......... ,,~.~. ..~..; . ........... .... . ~-.-:-...<~.... . :* ~. . .~.. · - ~~-~:. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. q1500' ~- ~] 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 TWO THOUSAND DOLLARS ($2,000.00) 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, and pursuant to the zoning ordinance and zoning map 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, the said Governing Body is of the opinion that said change of zoning, which is on application of PIZZA HUT No. B-1051, 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 AGG022T~ amending the Zoning Map of the City of Coppell, to give the property hereinafter described, a new zoning district classification, to wit: "LI" Light Industrial District Classification with a Special Use Permit for a Restaurant. Said Special Use Permit being subject to the following conditions: 1. None Said property being described as follows: BEING Suite 102, at 820 S. MacArthur Boulevard, City of Coppell, Dallas County, Texas, and shown on the Site Plan attached hereto as Exhibit "A" and made a part hereof. SECTION 2. That all parts of any 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 ordinances or parts of 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 of Coppell, 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 Two Thousand Dollars ($2,000.00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare of the City. Therefore, this ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the I~ day of ~C~o~ , 1992. APPROVE D: ATTEST: APPROVED AS TO FORM: FE~ -20 'g2 15:50 FROH PIZZA HUT REST DEU PAGE.002 Exhibit "A" · 'This site plaq.is pre~nted sony for the purpose -f identi.fcng the apprmclmat~ Io~:~tion and size of le b~llding$ piesentll ~n~mpl~ b~ the ~wner. ' .ci~din~ size, site dim~ ~ss and pa~ng :teas, ~sting tenant ~ ~nd identities a~ · ,~ , ................ ~ "~ '~ -~ : ~.~ !. ~ ~ i, . ~ . ~ ~~' ' ~ ~ ~-1051 ,.~ ~ ~rem '~ne unmuvovn ~, !~ ~ ~ ' ( ~ ~i~'~ at 1:30 p.m. at Coppell Intermediate School and encouraged Council Members to attend. F. Mayor Pro Tem Smothermon asked to verify that the replat approved for the school is a final and will not return before work begins. Mayor Wolfe affirmed this as final and requested that staff provide a follow-up on this issue (Item #25). G. Council Member Cowman asked that City Manager look into the issue regarding any training the City may have received in return for waiving of impact fees for previously approved school property. H. Council Member Cowman inquired about the no parking issue on MacArthur being brought forward in the near future. I. Council Member Cowman stated that the Northbound lanes on MacArthur at Beltline Road need to be re-striped due the wear of traffic. Item 30 Liaison Reports Councilman Morton announced that at the MUD Meeting earlier in the day, there was a request to extend the BANS on Cottonwood Estates project and this was denied. It was brought out that Mr. Sowel is contemplating 45 acres of single-family housing along Parkway. Also $900,000 of BANS have expired and have been written off; therefore, with no more BANS on the property, the development will be at the developer's expense. Also, the Magnolia tract was purchased by J. Sowel Construction which is coming forward and working with Vista Properties, Inc. to provide sewer access to the properties. Additionally, a request for annexation by Frank Bamburg on Sand Point Estates was received and approved by the MUD Board. The MUD election was called for the 2nd of May with the election being held at City Hall. Filing deadline is 2nd of April. Applications for filing are at the Water Department. Early voting will be at St. Ann's Catholic Church. In regards to the increased flow at the lift station, they are pulling 20 gallons of screen debris off the screen a week and they are trying to store it on site. CONSENT AGENDA Item 31 A. To consider an ordinance for Case ~ZC-522, to change the zoning designation from (C) Commercial, to (SF-12) Single-Family-12, on a parcel of land located at the southeast corner of Bethel School Road and Harris Street, and north and adjacent to Grapevine Creek, and authorizing the Mayor to sign. B. To consider an ordinance for Case #S-1051, to change the zoning designation from (LI) Light Industrial, to (LI.SUP) Light Industrial Special Use Permit, on a parcel of land located at 820 S. MacArthur Boulevard, Suite 102, and authorizing the Mayor to sign. C. To consider an ordinance for Case #PD-117, to change the zoning designation from (MF-2) Multi- Family-2, to (SF-7) Single-Family 7, on a parcel of land located along the west side of Harris Street, at Bethel Road, and authorizing the Mayor to sign. D. To consider an ordinance for Case #S-1053, to change the zoning designation from (LI) Light Industrial, to (LI.SUP) Light Industrial Special Use Permit, on a parcel of land located approximately 992' south of the intersection of CM031092 Page 10 of 12 Thweatt Road and Royal Lane, along the east side of Royal Lane, and authorizing the Mayor to sign. E. To consider an ordinance for Case #PD-119, to change the zoning designation from (R) Retail and (C) Commercial, to (PD-SF-9) Planned Development Single-Family-9, on a parcel of land located along the west side of Bethel School Road, and approximately 400' north of Bethel Road, and authorizing the Mayor to sign. F. To consider an ordinance for Case #S-1054, to change the zoning designation from (LI) Light Industrial, to (LI.SUP) Light Industrial Special Use Permit, on a parcel of land located east of Denton Tap Road, approximately 212' north of Beltline Road (E/W), and authorizing the Mayor to sign. G. To consider an ordinance for Case #S-1055, to change the zoning designation from (R) Retail, to (R.SUP) Retail Special Use Permit, on a parcel of land located at 420 Bethel Road, and authorizing the Mayor to sign. To consider an ordinance for Case #S-1056, to change the zoning designation from (C) Commercial, to (C.SUP) Commercial Special Use Permit, on a parcel of land located at 150 S. Denton Tap Road, Suite 115, to allow the operation of a restaurant, and authorizing the Mayor to sign. I. Consideration of approving a contract with Barton- Aschman Associates, Inc. to provide professional transportation engineering services associated with the Traffic Light Synchronization Program II (TLSII) for the total amount not to exceed $22,075 and authorizing the City Manager to sign. J. Discussion and consideration of rejection of Bid Proposal No. Q-1291-04 for Personal Computer System and related equipment/software. K. Consideration and approval for purchase of radio communications equipment for Police, Fire, Engineering and Public Works Departments in the amount of $53,824.60. L. Consider approval of a contract for the rental of county voting equipment to hold the May 2, 1992 Municipal Officer's Election and authorizing the Mayor to sign. Councilman Nelson requested that Item 31-I be removed from the Consent Agenda. Mayor Pro Tem Smothermon moved to approve the Consent Agenda with the exception of Item 31-I with agenda Item 31-A carrying ordinance number 91500-A-8, Item 31-B carrying ordinance number 91500-A-9, Item 31-C carrying ordinance number 91500-A-10, Item 31-D carrying ordinance number 91500-A-11, Item 31-E carrying ordinance number 91500-A-12, Item 31-F carrying ordinance number 91500-A-13, Item 31-G carrying ordinance number 91500-A-14, and Item 31-H carrying ordinance number 91500-A-15. Councilman Cowman seconded the motion° The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 31-I was discussed by Council. Mayor Pro Tem Smothermon moved to approve the contract with Barton-Aschman Associates, Inc. to provide professional transportation engineering services associated with the Traffic Light Synchronization Program II (TLSII) for the C~031092 Page 11 of 12