CC approval of ORD-1/25/94 AGENDA REQUEST FORM
CITY COUNCIL MiT~G _January 25, 1994 ITEM NUMBER ~J / //~
ITEM CAPTION:
To consider an ordinance for Case #S-1060 to change the zoning designation from C (Commercial) 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 Unlvest, and authorizing the Mayor to sign.
SUBMITTED BY: STAFF R : Gary I,_ gioh
Dtr~or of Planning & Comm. Services
OTHER REP.:
DATE:
EVALUATION OF ITEM:
Date of CC Meeting: 7-22-92
Decision of CC: Approval (5-2) with conditions
BUDGET AMT. ,¢;)'~ AMT. ESTIMATED
AMT. +/- BUDGET FINANCIAL REVIEW
COMMENTS:
Please see the attached site plan and minutes for further detailS.
t
LEGAL ~EW BY: REVIEWED BY CM:
AGENDA REQU~T FO~ REVISED 2~93 [
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
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 A "C" COMMERCIAL
DISTRICT, TO ALLOW THE OPERATION OF A RESTAURANT ON A 0.649
ACRE TRACT OF LAND LOCATED AT THE SOUTHEAST CORNER OF SANDY
LAKE ROAD AND DENTON TAP ROAD AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE
APPROVAL OF THE SITE PLAN ATYACHED HERETO AS EXHIBIT ~B';
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 Coppeli, have given requisite notices
by publication and otherwise, and after holding due hearin~ 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 Number S-1060 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 1:
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
for property in a "C" Commercial District, to allow the operation of a restaurant on a 0.649
acre tract of land located at the southeast corner of Sandy Lake Road and Denton Tap
Road and being more particularly described 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 special conditions, to wit:
1. The dumpster must be screened on at least three sides.
2. The screening wall around the deck shall be of sufficient height to prevent
patrons on the deck from being seen from the public right-of-way adjacent to
the area.
3.The property shall comply with the streetscape plan.
4. The Specific Use Permit shall be in accordance with the Site Plan marked
Exhibit 'B".
SECTION 3.
That the Site Plan for the Specific Use Permit shown in Exhibit ~B~ 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. REPEAI.ING 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.
2
SECTION 6. SEVERABIL1TY CLAUSE
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be uncomtimfional, 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.
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.
D,~Y P~SED by the City Council of the City of Coppell, Texas, this the q~.:2,~'~
day of~/~.~.~_.O~ , 1994.
APPROVED:
ATFEST:
~ SECRETARY/ ,,~
APPROVED AS TO FORM:
'PETER G. S~ CITY ATTORNEY
4 AGG04FEB
POINT OF ,
BEGINNING
SANDY LAKE
CULVEI~T
1~7'71~ ',PROPOSEO R )W OE01CATION---
PARCEL 2 -
28,25] SO. FT. GROSS
24,158 SO.FT. NET.
PARCEl. 2
8[[r~ a tract of land situated tn Cite £dt~ard A. Crow Survey Abstract ;:n. 30:. [~allas
County. Texas and being a p~rtto~ of the '*FIRST TP,~CT' in a deed recorded tn *,*Ol~.-e
Paoe 1964 of the Deed Records of Dallas Count.v, Texas ~nd betnq *,ere
described as follo~
6[GI:I~I]:E, at an ~ron rod ~n the south lSne of Sandy Lake ~ad (60' R.O.'~.) at the
northerly southeast corner of a 5.39 acre tract described tn a deed from A~dre;, ~..**
et vtr. to the Count~ o' Dallas. for ~denin~ Denton Tap Road, dated ~uly 9. 1355 ~nd
filed December 6, 1955 tn the Deed Records of Oall,~s Co,nty. Texas: said tro~ rod beJn~
t~ ~ost northerly rmrtl~est corner of said "FIP..~T T~J~CT':
THERC[ ~ 89" aT' 18" E 137 71 feet aion§ the south 1Ina Of eae*n~Y Lake Road to aa
THEtICE es 00" 37' 00" '?, 161.0e feet to an Sro~ rod;
T~'.CE .q ~9' 23' qO" ¥ 180.01 feet to an iron rod tn the east 1ina of Otmto~ Tap Road,
(100' e.O.~.);
TH£~E .'1 02' 09' OS' '.~. 109.96 feet along the east line of Oenton Tap Road to aa tro~ rod.
THENCE tt 4¢~ 03' 11' £, 69.25 feet to the POINT OF BEGINNING and.C~tatntng Z8,251
feet or 0.649 acres of land.
E~IBIT
8endy Like I~Old
SITE LOCATION MAP .
~ SITE PLaN
1"~ ~0" O'
,,~u,~ WADE + ASSOCIATES ~1
~MIm AIII¢ NITi~ C T S · PLANNING CONSULTANTS
~ ?MM ~tm COPPELL, TEXAS
Item 7 Citizens Appearances
Johnny Thompson of 780 E. Beltline, expressed his appreciation on
the mowing of the railroad track on Beltline Road and thanked the
City for working with him on the Longbranch issue.
Item $ Consideration for approval of two agreements with Dallas
County to perform asphalt overlays to four (4) Type "E"
streets in the amount not to exceed $34,000.00; and one
(1) Type "B" street in the amount not to exceed
$24,350.00 and authorizing the Mayor to sign the
agreements.
Councilman Morton moved to approve the two agreements with Dallas
County to perform asphalt overlays to four (4) Type "E" streets in
the amount not to exceed $34,000.00; and one (1) Type "B" street in
the amount not to exceed $24,350.00 and authorizing the Mayor to
sign the agreements. Mayor Pro Tem Smothermon seconded the motion.
The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen
Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in
favor of the motion.
Item 9 Consideration of a variance from Section 10-8-4 of the
Coppell Sign Ordinance which addresses signs advertising
new developments. The request is made by Rejoice
Lutheran Church on a tract of approximately 4 acres,
located west of Moore Road on the north side of Sandy
Lake Road.
Councilman Morton moved to approve a variance from Section 10-8-4
of the Coppell Sign Ordinance which addresses signs advertising new
developments for Rejoice Lutheran Church on a tract of
approximately 4 acres located west of Moore Road on the north side
of Sandy Lake Road to expire 1-1-96 and requiring the sign to be
kept in good repair. Councilman Robertson seconded the motion.
The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen
Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in
favor of the motion.
Item 10 A. Discussion and consideration of adopting a
resolution authorizing a one day carnival in
support of the MDA Labor Day Telethon to occur on
Monday, September 7, 1992, at 580 S. Denton Tap
Road, and authorizing the Mayor to sign.
B. Consideration and approval of a request by ERA Mike
Clements and Associates requesting the same
activity, and a variance to the Coppell Sign
Ordinance, and waiving fees for one portable sign
and two banner-signs.
Councilman Robertson moved to approve Item 10-As adopting a
resolution authorizing a one day carnival in support of the MDA
Labor Day Telethon to occur on Monday, September 7, 1992 at 580 S.
Denton Tap Road, and authorizing the Mayor to sign; and Item 10-B
granting a variance to the Coppell Sign Ordinance, and waiving fees
for one portable sign and two banner-signs. Councilman Mayo
seconded the motion. The motion carried 7-0, with Mayor Pro Tem
Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson,
and Garrison voting in favor of the motion.
m ll PUBLXC HF~INGg Consideration and approval of a zoning~
change request, Case ~S-1060, (Slider and Blues), from
(C) Commercial, to (C-SUP) Commercial Special Use Permit
for the operation of a restaurant, located at the
southeast corner of Sandy Lake Road and Denton Tap Road,
at the request of Univest.
CH072292
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Gary Sieb, Director of Planning and Community Services, made the
presentation to the Council and informed the Council that changes
have been made since the Planning and Zoning Commission meeting.
These changes include the number of parking spaces and the setback
of the building. Peter Buell, representing the applicant,
addressed the Council in regard to increasing the number of parking
spaces from 22 to 35 and cutting down eight trees instead of four.
Glen Hinckley, the owner of the property also addressed the Council
in reference to the parking spaces, setback of the building and
saving trees. Mayor Wolfe declared the Public Hearing open and
asked if there were any citizens present to speak in favor of the
request. There being no citizens present to speak in favor of the
request, Mayor Wolfe asked if there were any citizens present to
speak in opposition of the request. There being no citizens who
wished to speak, Mayor Wolfe declared the public hearing closed.
Councilman Robertson moved to approve plan #3 presented tonight,
showing 35 parking spaces, subject to Minyard's approval of the
thirteen off-site parking spaces (to be contiguous to the requested
zoned property) with the following three conditions: (1) that the
dumpster be screened on at least three sides; (2) screening wall
around the deck be of sufficient height to prevent sight of patrons
on the deck from the public right-of-way adjacent to the area; and
(3) that the developer abide by the streetscape plan. Mayor Pro Tem
Smothermon seconded the motion. The motion carried 5-2 with Mayor
Pro Tem Smothermon and Councilmen Thomas, Morton, Robertson, and
Garrison voting in favor of the motion and Councilmen Weaver and
Mayo voting against the motion.
Item 12 PUBLIC HEARING: Consideration and approval of a replat
of Village of Coppell, Phase III-B, located at the
southwest corner of Allen Road and DeForest Road, at the
request of Grand Homes, Inc.
Gary Sieb, Director of Planning and Community Services, made the
presentation to the Council and stated that the Planning and Zoning
Commission had recommended approval. Pat Akins, representing the
applicant, also addressed the City Council. Mayor Wolfe declared
the Public Hearing open and asked if there were any citizens
present to speak in favor of the request. There being no citizens
present to speak in favor of the request, Mayor Wolfe asked if.
there were any citizens present to speak in opposition of the
request. There being no citizens who wished to speak, Mayor Wolfe
declared the Public Hearing closed. Councilman Weaver moved to
approve the replat of Village of Coppell, Phase III-B, located at
the southwest corner of Allen Road and DeForest Road, at the
request of Grand Homes, Inc. with an addition to the plat
concerning the drainage easement being worked out with staff and
being maintained by the Village of Coppell Homeowners Association.
Councilman Thomas seconded the motion. The motion carried 7-0 with
Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton,
Mayo, Robertson and Garrison voting in favor of the motion.
Item 13 PUBLIC HEARING: Consideration and approval of a replat
of Corners of Coppell, Lots 1R, 3R, and 4R, Block 1,
located at the southeast corner of Sandy Lake Road and
MacArthur Boulevard, at the request of Reklaw
Partnership, Inc.
Gary Sieb, Director of Planning and Community Services, made the
presentation to the Council and stated that the Planning and Zoning
Commission recommended approval with four conditions. Stephen C.
Hundley, representing the applicant, also addressed the Council.
Mayor Wolfe declared the Public Hearing open and asked if there
were any citizens present to speak in favor of the request. There
being no citizens present to speak in favor of the request, Mayor
Wolfe asked if there were any citizens present to speak in
opposition of the request. There being no citizens who wished to
speak, Mayor Wolfe declared the Public Hearing closed. Following
discussion, Mayor Pro Tem Smothermon moved to approve a replat of
CM072292
Page 3 of 7
B. Councilmember Reitman voiced his agreement with Mayor Pro Tem Robertson regarding
a recreation center site at Food Lion.
C. Mayor Morton reminded everyone about the Coppell Gala to be held on March 5, 1994
at the Grand Kempenski Hotel.
D. 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.
E. 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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A. Consider approval of minutes: January 11, 1994
B. 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.
C. 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.
D. 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.
E. Consideration of an ordinance for Case #S-1060 to change the zoning
designation from C (Commercial) 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.
F. 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 Tem Robertson seconded the motion; the motion carried 6-0 with Mayor Pro
Tern 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.
Tom Morton, Mayor
ATTEST:
Linda Grau, Assistant City Secretary
CM012594
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