CC approval of ORD-2/8/94 AGENDA REQUEST FORM
CITY COUNCIL MEETING February 8; 1994 ITEM NUMBER
ITEM CAPTION:
Consideration and approval of an ordinance approving S-1059, changing the zoning from LI (Light Industrial)
to LI. S.U.P. (Light Industrial, Special Use Permit) for the operation of a Wendy's restaurant, located near the
southwest corner of MacArthur Boulevard and Beltline Road, at the request of Prizm Architects, and
authorizing the Mayor to sign.
SUBMITTED BY: -"l~ - STAFF REP.: Gary I,_ giph
Director of Plamfing & Comm. Services
OTHER REP.:
DATE:
EVALUATION OF ITEM:
City Council Approval: June 9, 1992
BUDGET AMT. g///~ AMT. ESTIMATED
/
AMT. +/- BUDGET FINANCIAL REVIEW BY a+ ~-
COMMENTS:
Please see attached minutes for details.
LEGAL REVIEW BY: REVIEWED BY
AGENDA REQUEST FORM REVISED 2/93
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
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 CONDmONS IN AN "LI" LIGHT INDUSTRIAL
DISTRICT, TO ALLOW THE OPERATION OF A RESTAURANT ON A 0.9262
ACRE TRACT OF LAND NEAR THE SOIYFHWEST CORNER OF MACARTHUR
BOULEVARD AND BELTLINE ROAD, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATFACHED HERETO; PROVIDING FOR THE
APPROVAL OF THE ATTACHED SITE PLAN MARKED AS EXHIBIT
ATTACHED HERETO; 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 CoppeR, Texas, in compliance with the laws of the State of Texas and pursuant
to the Comprehensive Zoning Ordinance of the City of CoppeR, 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-1059 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 CoppeR, 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 Spedal Use Permit with spedal conditions
for property in an "LI" Light Industrial District, to allow the operation of a restaurant on a
0.9272 acre tract of land near the southwest comer of MacArthur Boulevard and Beltline
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 conditions, to wit:
1. Cedar Elm trees shall be planted and maintained in the required streetscape
2. Each required parking space shall be 180 square feet in area.
3. That the Specific Use Permit shall be in accordance with the Site Plan
marked Exhibit ~B~ attached hereto and made a part hereof for all purposes.
4. That the Specific Use Permit shall be in accorance with the location map
contained in the Site Plan and the Architectual rendering attached hereto as
Exhibit "C~ and made a part hereof for all purposes.
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.
SF, C~ON 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 rovisions 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. 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.
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 $. 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.
S~'~ON 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 PASSED by the City Council of the City of Coppell, Texas, this the
day of ,~-~zz,,t,~/' , 1994.
APPROVED:
MORTON, MAYOR
ATTEST:
~ SECRETARX~ ,~&x7%
APPROVED AS TO FORM:
RE2::ER G. SM1T~, 'CITY ATFORNEY
4 AOCs04F~
FIELD NOTES
BEING a tract of land locked in the Singleton Thompson Survey, Abstract No. 1493, Dallas
County, Texas, and being ~ll of Pad G and part of Pad E of the "Replat of Valley Ranch
Plaza-Pads B through I," ~.~ addition to the City of CopPeU as recorded in Volume 88116,
Page 1992 of the Deed ~eeords of Dallas County, Texas and being more particularly
described as follows:
BEGINNING at a 3/8-inc!; iron rod found at the southeast corner of .said Pad G, and thc
northeast corner of Pad 1~ ~aid ix)mt also being on the west line of MacArthur Boulevard
(a I10-foot right-of-way);
TI-~NCE North 89 degrees 50 minutes 00 seconds West, tiepin-ting said we~t line of
MacArthur Boulevard an~ along the south linc of Pad G, at 199.74 feet ~g the
southwest corner of Pad
distance of 287.00 feet to an "X" found at a southwesterly comer of Pad
Tt-~NCE North 19 degree~ 45 minutes 49 seconds West, along a westerly llne of Pad E,
distance of 104.51 feet to a 5/8-inch fi.on rod with a "Dunaway" cap found for a re-entrant
comer of Pad
THEN. CE North 72 degree.; 08 minutes 4 7. seconds F_.ast, ,d, epnrting the westerly line of Pad
Pad F; .-, ~ ,,.msng tim northwest comer of Pad G and the southwest comer of
THENCE South 89 degrce...~9" minutes 00 seconds East, along thc north line of Pad
distance of 199.74 feet to an X in concrete found for thc northeast comer .of land (3 on the
west line of MacArthur Bofllcvard; -
THENCE South 00 degree_,, 10 minutes 00 seconds West, ~long said west line, a di~mlc~ of
138.23 feet to the POINT ¢)F BEGINNING AND CONTAINING 40,390 square fe,~t or
0.9272 acres of land, more ~r less.
The properly is located within Zone C~ an area of minimal flooding as reflected by City of
Coppell Flood Insurance R:~te Map 480170 0005 C dated February 15, 1984, and amended
by letter from FEMA dated August 12, 1986.
~BIT A
Morton seconded the motion. The motion carried 6-0 with Mayor Pro
Tem Smothermon and Councilmen Weaver, Morton, Mayo, Robertson and
Garrison voting in favor of the motion.
Item 11 PUBLIC HEARING: Consideration and approval of a zoning
change request, Case #S-1059, from (LI) Light Industrial
to (LI-SUP) Light Industrial Special Use Permit, for the
operation of a Wendy's restaurant, located near the
southwest corner of MacArthur Boulevard and Beltline
Road, at the request of Prizm Architects.
Gary Sieb, Director of Planning and Community Services, made the
presentation to the Council and stated that all conditions have
been met. 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 the
zoning change request, Case #S-1059, from (LI) Light Industrial to
(LI-SUP) Light Industrial Special Use Permit, for the operation of
a Wendy's restaurant, located near the southwest corner of
MacArthur Boulevard and Beltline Ro~d, at the request of Prizm
.Architects with the stipu~atio~_~ha_~Jl) Cedar Elms be used in the
streetscape and 2) all parking arcms be 180 square feet.
Councilman Mayo seconded the motion. The motion carried 6-0 with
Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Mayo,
Robertson and Garrison voting in favor of the motion.
Item 12 PUBLIC HEARING: Consideration and approval of a replat
of Valley Ranch Plaza, Pads E, F and G, located near the
southwest corner of MacArthur Boulevard and Beltline
Road, at the request of Prizm Architects.
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council and recommended approval. 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 Mayo moved to
approve the replat of Valley Ranch Plaza, Pads E, F and G, located
near the southwest corner of MacArthur Boulevard and Beltline Road,
at the request of Prizm Architects. Councilman Robertson seconded
the motion. The motion carried 6-0 with Mayor Pro Tem Smothermon
and Councilmen Weaver, Morton, Mayo, Robertson and Garrison voting
in favor of the motion.
Item 13 PUBLIC HEARING: Consideration and approval of a zoning
change request, Case #PD-126 (Fountain Park Addition),
from (TH-l) Town House-l, to (PD-SF-7) Planned
Development Single-Family-7, located along the north side
of Sandy Lake Road, and approximately 836' west of
MacArthur Boulevard, at the request of Matthews Southwest
Investments.
Gary Sieb, Director of Planning and Community Services, made the
presentation to the Council and read the conditions as recommended
by Plannfng & Zoning Commission. Tim House, Matthews Southwest
Investments, 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. Councilman Morton moved to approve the
zoning change request, Case #PD-126 (Fountain Park Addition), from
(TH-l) Town House-l, to (PD-SF-7) Planned Development Single-
Family-7, located along the north side of Sandy Lake Road, and
approximately 836' west of MacArthur Boulevard, at the request of
CM060992
Page 3 of 10
Finance Committee -- Mayor Pro Tern Robertson stated that the Finance Committee had held
two meetings.
CONSENT AGENDA
20. Consider approval of the following consent agenda items:
A. Consider approval of minutes: January 25, 1994
B. Consider approval of a Resolution adopting an order calling an Election
for Municipal Officers to be held Saturday, May 7, 1994 and
authorizing the Mayor to sign.
C. Discussion and consideration of amending the contract with Rady and
Associates for the design of Sandy Lake Road from MacArthur Blvd.
to Denton Tap Road in the amount of $10,000.00 and authorizing the
Mayor to sign.
D. Consideration of an ordinance abandoning a sanitary sewer easement
located in Stonemeade Estates and authorizing the Mayor to sign.
E. Consideration of an ordinance for Case S-1074 to change the zoning
designation from C (Commercial) to C.S.U.P. (Commercial, Special Use
Permit) on a parcel of land located along the east side of Denton Tap
Road, 500 feet south of Braewood Drive, at the request of Mr. Lenny
Poulsen, and authorizing the Mayor to sign.
F. Consideration of an ordinance approving S-1059, changing the zoning
from LI (Light Industrial) to LI.S.U.P. (Light Industrial, Special Use
Permit), for the operation of a Wendy's Restaurant, located near the
southwest corner of MacArthur Boulevard and Beltline Road, at the
request of Prizm Architects, and authorizing the Mayor to sign.
G. Consideration and approval of an ordinance approving S-1072,
changing the zoning from LI (Light Industrial) to LI.S.U.P. (Light
Industrial, Special Use Permit) for Blooming Colors Landscape
Nursery, located along the south side of Beltline, 1650 feet east of
MacArthur Boulevard, at the request of Barry Johnson, and
authorizing the Mayor to sign.
H. Consideration and approval of Waters Edge, Phase 2, Final Plat,
located along the north side of Sandy Lake Road, between MacArthur
Boulevard and Meadowglen Circle, at the request of Kadleck &
Associates.
I. Consideration and approval of Valley Ranch Baptist Church Addition,
final Plat, located along the south side of Beltline, approximately 825
feet ,:ast of MacArthur Boulevard, at the request of Jim Riley,
Brockette-Davis-Drake.
J. Consideration and approval of Valley Ranch Self Storage Addition,
Final Plat, located along the south side of Beltline, 1,320 feet east of
MacArthur Boulevard, at the request of Robert Gross.
CM020894
Page 6 of 8
K. Consideration and approval of Blooming Colors Landscape Nursery,
Final Plat, located along the south side of Beltline, 1,650 feet east of
MacArthur Boulevard, at the request of Barry A. Johnson.
L. Consideration and approval of Riverchase Plaza, Final Plat, located
near the northeast corner of Beltline Road and MacArthur Boulevard,
at the request of Riverchase Plaza, Ltd.
M. Consideration of a variance from Section 10-5-2(C) of the City of
Coppell Sign Ordinance regulating spacing and setbacks for detached
(monument) signs, specifically related to the 7$-foot minimum side yard
measurement (The variance requested is from 7~-foot to 2S-foot). This
variance is being requested by Boston Chicken Restaurant for their
property located at the southeast corner of MacArthur Boulevard and
Beltline Road, at the request of Winklemann & Associates, Inc.
N. Consideration of a variance from Section 10-~-2(C) of the City of
Coppell Sign Ordinance regulating spacing and setbacks for detached
(monument) signs. (The variance requested is from 7S-foot to 2$-foot).
This variance is being requested by Blooming Colors Nursery and
Landscaping, Inc., for their property located at 1701 E. Beltline Road
and a report by the Director of Planning and Community Services.
O. Consideration of waiving permit fees for the erection of a tent at
Rediform to be used at the M.J. Designs Groundbreaking Ceremony.
Items 20 C and H were pulled for later consideration.
Item 20 A through O, except for C and H --
Councilmember Mayo moved to approve Items 20 A, B carrying Resolution No. 020894.3, D
carrying Ordinance No. 94638, E carrying Ordinance No. 91500-A-43, F carrying Ordinance
No. 91500-A-44, G carrying Ordinance No. 91500-A-45, I, J, K, L, M granting a 25-foot
variance, N granting a 25-foot variance and O. Councilmember Weaver seconded the motion;
the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stahly,
Watson, Reitman, Mayo, and Garrison voting in favor of the motion.
Item 20 C --
Councilmember Stably moved to consider and amend the contract with Rady and Associates for
the design of Sandy Lake Road from MacArthur Blvd. to Denton Tap Road in the amount of
$10,000.00 and authorizing the Mayor to sign, and for Staff to contact Ginn to attempt to recoup
pan of this expense. Mayor Pro Tern Robertson seconded the motion; the motion carried 6-1
with Mayor Pro Tern Robertson and Councilmembers Stahly, Watson, Reitman, Mayo, and
Garrison voting in favor of the motion and Councilmember Weaver voting against the motion.
Item 20 H --
After discussion, Mayor Pro Tem Robertson moved to approve Waters Edge, Phase 2, Final
Plat, located along the north side of Sandy Lake Road, between MacArthur Boulevard and
Meadowglen Circle with the following conditions: 1) the alley requirement is waived, 2) street
center line radii may be less than the required minimum and 3) the portion of lot 1 and 2, and
all building lines, lot lines and easements created by the map of Lakeside Village as recorded
in Volume 85816, Page 1670, located within Waters Edge, Phase 2, will be abandoned by the
execution of this plat. Councilmember Reitman seconded the motion; the motion carried 5-2
with Mayor Pro Tern Robertson and Councilmembers Stahly, Reitman, Mayo, and Garrison
CM020894
Page 7 of 8
voting in favor of the motion and Councilmembers Weaver and Watson voting against the
motion.
There being no further business to come before the City Council, the meeting was adjourned.
Tom Morton, Mayor
ATTEST:
Dorothy Timmons, City Secretary
CM020894
Page 8 of 8