CC approval of ORD-6/11/91
~~ ~ AGENDA REQUEST FORM
ITEM CAPTION:
To consider an ordinance fer Case tS-105Z, to change the zoning designation from (SF-1Z) Single
Family-lZ, to (SF-1Z-SUP) Single-Family-lZ Special Use Permit, fer the operation of a day care
facility, on a parcel of land located at 4Z0 S. Heartz Road, and authorizing the Mayor to sign.
SUBMITTED BY: S a STAFF ~ Sieb, Pla ctor
OTHER REP.: Lawrence Jackson, City Attorney
EVALUATION OF ITEM: DATE:
Date of PlnnniuE & Zoning Meeting: March 21, 1991
Decision of P]anni~ & ~.onlng Commission: Approval
"' A PPR O Vc'"O
Date of City Council Meeting: Ain-il 9, 1991
Dec-ision of CitT Council: Ai)l~roval CITY C O~ ~kClL
DATE
BUDGET AMT. N/A AMT. ESTIMATED
AMT +/- BUDGET FINANCIAL REVIEW BY
COMMENTS:
LEGAL REVIEW BY: REVIEWED BY CM:
AGENDA REQUEST FORM REVISED i/gl
'..'-'.EII'IG A TRACT OF LAND SITUATED IN THE SIBERED HENDERSON SURVEY, ' ...... ":"'
AI:.;STRACT NO. 62<: . ..
· ,, AND THE MCKINNEY AND WI LLIAMS SURVEY, - ' -'":" ." '.. ;.:..
ABSTRACT NO. 1062, CITY OF COPPELL, DALLAS, COUNTY, TEXAS, AND BEING ' ' '. ":':v -
I::'ART OF A 129 ACRE TRACT AS CONVEYED TO C.C. LEASING BY DEED AS ..
RECORDED IN VOLUME 73237, AT PAGE 2174 OF THE DALLAS COUI.ITY DEED '
RECORDS Al, ID BEII'IG MORE PARTICULARLY DESCRIBED AS FOLLOWS: : '
I::E!NG AT THE POII'-/T OF INTERSEC:TION OF THE NORTH I;'.IGHT-OF-~,~AY LINE
OF BETHEL SCHe~r,L ROAD ~, · VARIABLE WIDTH RIGHT-OF-WAY) AND THE
EAST RIGHT-OF-WAY LINE OF HEARTZ ROAD (A VARIABLE WIDTH F:IGHT-
OF-WAY BEING A POINT FOR CORNER);
THENCE NORTH ~c~ d.'-~,r-~---~. 16 minutes 47 e~-r-e,r,d; EAST ALONG THE EAST
LII.IE OF SAID HEART.Z F. OAD A DISTANCE OF 615.57 FEET TO A POII'IT FOF.
C. RNER;
THENCE SOl'TH 8':~ ,-b~c,,-~,~.~ 43 minutes 13 seconds EAST LEAVING SAID EAST
LINE OF HEARTZ ROAD A DISTANCE OF 211.99 FEET TO A POINT FOR CC, F-'.I,~ER;
THEIqCE NORTH 31 degrees 16 minute~ 47 seconds EAST A DISTANCE OF
o.:..~>.. FEET TO A POll:IT FOR CORNER;
THENCE SOUTH :,'"; ,':;~,'r;~:; 43 minu~s 13 seconds EAST A DISTANCE
-'~ ~, ~ /.~.
~'-e.-". FEET TO"
r, POINT FOR CORNER;
THENCE SOUTH 31 degrees 16 minu~s 47 seconds WEST A DISTANCE OF
290.15 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A
CENTRAL ANGLE OF 3 ! degrees O0 minutes AND A RADIUS OF 325.0 FEET, A
I:~INT FOR CORNER;
THENCE IN A SOUTHERLY DIRECTION AF..OUND SAID CURVE A DISTANCE OF
175.61 FEET TO El'ID OF SAID CURVE, A i~OINT FOR CORNER;
THENCE SOUTH 00 degrees 30 minutes 40 seconds EAST A DISTANCE OF ..
174.87 FEET TO A POINT ON THE NORTH LINE OF SAID BETHEL SCHOOL ROAD
A POINT FOR CORNER;
THENCE SOUTH 89 de~grees 29 minutes 20 seconds WEST ALONG SAID NORTH
LINE OF BETHEL SCHOOL ROAD A DISTANCE OF 267.88 FEET TO THE PLACE OF
I:.;EGINNING.
EXHIBIT "1"
2F ? 5 F/2
EXHIBIT ""2I"
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. J~7-~-~/
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 First United Methodist Church, No. S-1052, 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
property hereinafter described, a new zoning district
classification, to wit:
"SF-12" Single Family Residential District Classification with
a Special Use Permit for a Day-Care Center.
Said Special Use Permit being subject to the following
conditions:
1. None
Said property being described as follows:
BEING a parcel of land containing 4.7995 acres, more or less,
and described in Exhibit "1" attached hereto and made a part
hereof and shown on the Site Plan attached hereto as Exhibit
"2" 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 // day of ~.~a~ , 1991.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
~: , · ,, .'...-.~:..,'~.~' . .
.~.EING A TRACT OF LAND SITUATED IN THE SIBERED HEI'IDEP. SOI,I SuRvEyi' "" '"'"' :'"':'
ABSTRACT NO. 62':!, AND THE MCKINNEY AND WILLIAMS .~JRVEY, .... '
ABSTRACT NO. 10(:2. CITY OF COPPELL, DALLAS COUNTY, TEXAS, AND BEING. -'
PART OF A 129 AC:RE TRACT AS CONVEYED TO C.C. LEASING BY DEED AS .-
FiECORDED IN '.-~r;LllI..-.IE '~*'~ ~'
..... .~.-..,., AT PAGE 2 174 OF THE DALLAS COUNTY DEED
RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING AT THE PC, INT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE
OF BETHEL SCHOOL ROAD ~.. VARIABLE WIDTH RIGHT-OF-WAY) Al,ID THE
EAST RIGHT-C,F-WAY LINE OF HEARTZ ROAD (A VARIABLE WIDTH P. IGHT-
OF-WAY BEING A I:",)II'.IT FOR CORNER);
THENCE NORTH O0 ,.-l;c,r-.-~. 16 minutes 47 ~.conds EAST ALONG THE EAST
LINE OF SAID HEAP. TS ROAD A DISTANCE OF 615.57 FEET TO A POINT FOR
CORNER;
THENCE S('Jt~TH 89 .l~a.l ~.s '~6 minutes 13 .... on.1. EAST LEAVING SAID EAST
LINE OF HEARTS ROAD A DISTANCE OF 211.99 FEET TO AFC, INT FOR CORNER;
THENCE NORTH 31 degrees 16 minute~ 47 seconds EAST A DISTAl,ICE OF
109.82 FEET TO A POINT FOR CORNER;
THENCE SOUTH %8 "~'";~ 43 minutes 13 seconds EAST A DISTANCE OF
223.42 FEET TO A POINT FOR CORNER;
THENCE SOUTH 31 degrees 16 minutes 47 s~onds WEST A DISTANCE OF
290.15 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A
CENTRAL ANGLE OF 31 degrees 00 minutes Al,ID A RADIUS OF 325.0 FEET, A
POINT FOR CORNER; '
THENCE IN A SOUTHERLY DIRECTION ,a~-.OUND SAID CURVE A DI STANCE OF
175.61 FEET TO END OF SAID CURVE, A I~DINT FOR CORNER;
THENCE SOUTH 00 degrees 30 minutes 40 seconds EAST A DI S'I'ANCE OF ..
17/. ~
, '~.<:,, FEET TO A POINT ON THE NORTH LINE OF SAID BETHEL SCHOOL ROAD
A POINT FOR CORNER;
,,hid NORTH
THENCE SOUTH 89 (Ie~rees 29 minutes 20 seconds WEST ALONG ~''
LINE OF :;ETHEL SCHOOL ROAD A DISTANCE OF 267.88 FEET TO THE PLACE OF
I:-;EG INN II'.IG.
/2.
EXHIBIT ""2""
K) PARK
Councilman Robertson reported that the Park Board had not met for lack of a quorum.
L) RECYCLING COMMITIZE
There was no report at this time.
M) SCHOOL
There was no report at this time.
lq) YMCA
Councilman Robertson reported that the YMCA is still looking for potential property to open
up a center. He reported that the YMCA has $36,700 in hand.
0) TASK FORCE FOR LANDOWNERS
Mayor Pro Tern Smothermon reported that the task force with the land owners and the Coppell
Chamber of Commerce has been meeting. Another meeting is scheduled for lune 12, 1991 at
7:00 p.m. at 1st Coppell Bank.
P) MOTOR ASSIST COMMIT'FEE
Councilman Morton reported that the Motor Assist Committee of the Dallas Regional Mobility
Coalition had met during the course of the past week. It is expected that they will be seeking
interlocal agreements between the cities for funding of an instant management program to help
clear accidents and have safety patrols on selected freeways in the Dallas area. It is expected
that this will come forward during the latter part of July.
CONSENT AGENDA
Item 21 A To consider an ordinance for Case #S-1052, to change the zoning
designation from (SF-12) Single Family-12, to (SF-12-SUP) Single-
Family-12 Special Use Permit, for the operation of a day care facility, on
a parcel of land located at 420 S. Heartz Road and authorizing the Mayor
to sign.
B Consider approval of an ordinance formally adopting the Mid-Year-Budget
and authorizing the Mayor to sign.
C Consideration and approval of an extension of a final plat for the Four
Seasons Addition, located at the southeast comer of Thweatt Road and
Royal Lane, at the request of Pacheco Koch Engineers for a period of six
months.
Council requested that item 21 B be considered separately. Mayor Pro Tern Smothermon moved
to approve Items 21 A (Ordinance 297-A-91) and 21 C. Councilman Weaver seconded the
motion. The motion carded 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver,
Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion.
Item 21 B Consider approval of an ordinance formally adopting the Mid-Year-Budget
and authorizing the Mayor to sign.
Councilman Weaver asked if the $125,000 budgeted for the Fire Department overtime is in the
approved budget and if this figure is for the second half of the year or the full year. It was
stated that this amount is for the full year. He asked for clarification of the memo from Deputy