CC approval of ORD-11/14/89Rev. 4-24-89
ITEM CAPTION:
To consider an ~~.-~.~~o change the zoning designation
from SF-12 to SF-I~-'SUP, on a parcel of land located at 572 Rocky Branch Road
and authorizing the Mayor to sign
SUBMITTED BY: ~tor~s ~0~ STAFF REP.: Tarpon Paster Bowman,
' Signature) - P&Z Coordinator '
OTHER REP.: Larry Jackson,City Attorney
EVALUATION OF I . DATE:
£
Date of P&Z Meeting : June 14, 1989
Decision Of P&Z Committee: Recommended approval (4-0)
Date of CC Meeting: 7-18-89
Decision of CC: Approval
Please see attached site plan and City Council minutes, for further details
APPROVED
BUDGET AMT.: AMT. ESTIMATED: AMT. +/- BUDGET:
COMMENTS: FINANCIAL REVIE~ BY:
LEGAL REVIEW BY: REVIEWED BY CM:
ACENDA REQ FORM ~.
0588DS
alley-ways and for the length of the cul-ds-sac. She also scaCsd thac
staff recomended approval of Chis zoning change. Hr. Fred Joyce,
representing the applicant, also made a presentation to the Council.
Hayer Wol£e declared the Public Hearing open and asked for Chose persons
who wished Co speak against the proposed zoning chan~e. Those persons
speaking were K~. hy McDowell, representing his mother, who resides at
235 naChel School Road. Mr. Hc Dowel! stated that his opposition is
concerning a residential zoning adjacent co a c~rcially zoned area,
and Chat his mother has been paying taxes on connercial zoned property
for a number of yasrs. ~Luyor Wa!fa then asked for those persons who
wished to speak in favor of the proposed zoning change. There were
none. The Public Hearing was Chert declared c!osed.
discussion on Chis item, Couaci~nen Herren moved that Zoning Case
be approved from "R' Retail and "¢" Co~__ercial to Singl~ really 9
subject Co approve! of the app!icanc's sub-division plat which is to be
considered as the next item on the agenda. In the event chaC the
University Park PlaC i8 not approved the zoning change will be denied
and the ordinance granting the zoning change will usc be forwarded for
adoption by the City Council. Nsyor Pro Tam Wtlkerson seconded Cha
motion; motion carried 6-0 with Mayor Pro Ten Wilkersou, Councilmen
Thomas, Herren, Cowman, Robertson and Ne!son voting in favor of the
motion.
~Cem 10: Consideration of a preliminary p!at for the University Park
Addition located north of Bethel Road, west of Bethel ethos!
Rood, and south of the Hunterwood Subdivision at the request
of ~oyce-Meyers Enterprises.
Date of P&Z Keeting: 6-14-89
P&Z Decision: Approved (3-1)
Planning and Zoning Coordinator Taryon Bowman made the presentation to
the Council. Ns. Bowman stated that it ls staffts racomendaCton Chat
Bethel School Road be improved at the time that the development occurs
In this area. An additional 12-1/2 feet of right-of-way would be
required to be dedicated by the applicant. Staff recommends approval
wlth the stipulation that the road improvements be resolved prior to
flnal platting. Following discussion on this item, Councilman Hereon
moved that the preliminary plat be approved with the stipulation that
the construction of Bethel School Road be resolved prior to the final
plat being presented for considered Co the Planning and Zen/rig
~tsalon and that staff be directed to prepare and subu~Lt a
preliminary engineering studies ~undins for approval by the City
Council. Councilman Cmman seconded the motion; motion carried 6-0with
Never Fro T~m Wilkerson, Councilmen Thomas, Hereon, Cowman, Robercson
and Nelson voting in favor of the motion.
Item 11: PUBLIC REARING to consider a zoning change, Case tZC-1044 from
(SF-12) Single Family 12 to (SF-12-SW) Single FasLtly 12
Special Use Peru~Lt on property located at 572 Rocky Branch
Road to allow the use of stucco on a residential structure at
the request of Haffco Construction.
Date of PaZHeeting: 6-1~-89
P&Z Decision: Approved (4-0)
Never Wolfe declarsd the Public Hearing open on Zoning Case ZC-104& and
asked for Chess persons who w~shed to speak against the proposed zon~S
change. There were none. Never Wolfe then asked for those persons who
w~shed to speak in favor of the proposed zoning change. Again, there
ware none. The Public Hearing was declared closed. Following
discussion by the Council, Counci~manNorCon moved chac the zoning
Page & of 9
change be approved as submitted. Councilman Robertson seconded the
motion; motion carried 6-0with Mayor Pro TeuWilkeraon, Councilmen
THomas, Morton, Cowman, Robertson and Nelson voting in favor of the
motion.
Item 12: Consideration of a final plat for the ShadovWoods Estates
Addition located approx~nately 182 feet south o£ the southwest
corner of Sandy Lake Road and Coppel! Road aC the request of
Centex Real Estate Corporation.
Date of P&Z Meeting: 6-14-89
P&Z Decision: Approved (4-0) with the
condition that staff has an
opportunity to review &
approve the flood study of
the floodplain, drainage &
construction plans prior to the
final plat going to City Council.
Mr. Steve Stolte, representing the applicant, was present to discuss
this item with the Council. Following discussion on this item,
Comxci~nan Cowman moved that the final plat of Shadow Woods Estates
Addition at the request of Centex Real Estate Corporation be approved.
Councilman Morton second the motion; motion carried 6-0 with Mayor Pro
Ten Wilkerson, Councilmen Thomas, Morton, Cowman, Robertson and Eelson
voting in favor of the motion.
Item 13A: Consider removal of item tabled at the ~ay 23, 1989, City
Council Meeting.
Councilman Morton moved that this item be removed from the table and
considered for Council action. Councilman Co~nan seconded the motion;
motion carried 6-0 with ~ayor Pro Tam Wllkerson, Councilman Thomas,
Morton, Cowman, £obertson and Nelson vo~ins in favor of the motion.
Item 13B: Reconsideration of a variance to Appendix A, Streets and
A~leys; B. Engineering Design Median Openings (Page 9) to
piece a median opening on Denton Tap Road between Cwo (2)
previously designed openings south of Sandy Lake Road,
requested by Stephen C. Hundley, AIA of SCHArchitects and
James M. Kurtz, P.E. on behalf of Hr. H. T. Ardinger.
City Engineer Russell Doyle made the presentation to the Council. Mr.
Doyle stated that this i~emwas previously heard by the Council on Hay
~3~ 1989, and was cabled for further review. Mr. Stephen Hundley,
representing Mr. H. T. Ardinser, was also present to discuss Chis item
with the Council and indicated their request for a l~mited left hand
turn median opening. Consulting Engineer Wayne ~innvas also present
and stated that it is his reco~mendation, based on previous den~a! by
Council, Co deny this median opening. Following discussion by the
Council, Councilman Nelson moved ~hat the. Council approve the variance
to AppendixA. Streets and Alleys; B. Engineering Design Median
Openings to place a median opening on Denton Tap Road between two (2)
previously designed openings south of Sandy Lake Road at the request of
Hr. Stephen Hundley and James H. Kurtz ou behalf of ~r. H. T. Ardiuger.
Councilman Robercson seconded the motion; motion carried &-~ with
Councilmen Cowman, Robercson and Nelson voting in favor of the motion;
Hayor Pro Tam W~lkeraon and Councilman Thomas and Horton voting against
the motion and Hayor Wolfe breaking the tie) voting in favor of the
moC~on.
PaSs 5 of 9
/
/
/
/
AN ORDINANCE OP THE CITY OP COPPELL. TEXAS
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 ONE THOUSAND
DOLLARS ($1,000o00) 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 under the zoning ordinance and zoning map, 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 Maffeo
Construction, No. $-1044, should be granted and the Comprehensive Zoning Ordinance
of the City of Copped 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 hereinafter described property a new zoning district classification,
to-wit:
"SF-12-SUP" Single Family dwelling Distriet Classifieation with a Special Use
Permit for construction of a residential structure with stucco construction.
Said Special Use Permit shall be conditioned upon the following special conditions:
1. Use to comply with site plan attachd hereto as Exhibit "1".
2. Stucco construction approved.
Said property being described as follows:
BEING a tract of land known as 572 Rocky Branch Road, City of Coppell,
Dallas County, Texas.
Said property more particularly shown on the site plan attached hereto as
Exhibit "1".
SECTION 2. That all parts of ordinances of the City in conflict with the
provisions of this ordinance be, and the same are hereby, repealed and all other
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,
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 shah 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 shah 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 One Thousand Dollars ($1,000.00)
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 eases, provides.
DULY PAlliD by the City Council of the City of Coppell, Texas, this the /J/~
day of ,/~/~ (J~_..YT~ ~ ~ , 1989.
APPROVED:
ATTEST:
~~~~8~_OVED A8 TO FORM: :ITY-AT~//RI~105 S-10'44 EY
EXECUTIVE SESSION (closed to the public)
ES-31 A. Article 6252-17, Senate Concurrent Resolution Number 83;
discussion vith City Attorney concerning matters
involving privileged communication between Attorney and
Client:
1) The City's liability as concerns traffic control
devices.
Prior to discussion on this item, Council convened in Executive Session
as allo~ed under Article 6252-17, Senate Concurrent Resolution No. 831
at 8:28 p.m. and adjourned back into open session at 8:58 p.m.
REGULAR SESSION (open to the public)
City Engineer Russell Doyle made a presentation to the Council on this
item concerning the three (3) intersections that have been requested for
traffic control devices. No action was required on this item.
Item 29: a. Reconsideration to have staff perform traffic control
studies at Plantation/Southern Belle and Bethel
School/Moore Road intersections.
b. Discussion, consideration of directing staff to perform
traffic studies at Plantation/Southern Belle and Bethel
School/Moore Road.
Councilman Morton moved that the City reconsider Item 29-a. Mayor Pro
Tam Wilkeraon seconded the motion; motion carried 7-0 with Hayor Pro Tam
Wilkerson and Councilmen Thomas, Morton, Smothermon, Co~nnan, Robertson
and Nelson voting in favor of the motion.
Folloving the information that was presented under Item 29-a, it was
determined the City may need to get new traffic counts and updated data
since the information provided is from the previous year. Following
discussion on this item, Councilman Smothermon moved that the City
increase patrols at both intersections as listed in the caption, that
radar control be used at Southern Bell and Plantation Drive with
discretionary radar control being used at Bethel School and Moore Roads,
and that a new traffic count be obtained for Southern Belle and
Plantation. Councilman Morton seconded the motion; motion carried 7-0
with Mayor Pro Tam Wilkerson and Councilmen Thomas, Morton, Smothermon,
Covman, Robertson and Nelson voting in favor of the motion. Additional
discussion was held concerning a proposed solution to the fence problem
at Bethel School and Moore Road. City Manager Alan D. Ratliff stated
that staff has been working on this item and will bring forward a
proposed solution.
CONSENT AGENDA
Item 30A Discussion, consideration of approval of an ordinance for Case
i's S-1025 and S-1029, to change the zoning designation from
(LI) Light Industrial, to (LI-SUP) Light Industrial, Special
Use Permit, on a parcel of land located at 1203 Crestside
Drive, at the request of Mr. Cordon Dunaway, and authorizing
the Mayor to sign.
Itm 30B Discussion, consideration of approval of an ordinance for Case
~S-1033, to change the zoning designation fro~ (SF-12) Single
Family-12, to (SF-12-SUP) Single Family-12 Special Use Permit,
on a parcel of land located approximately 450 feet south of
the southeast corner of Meartz Road and Sandy Lake Road, at
the request of Christ our Savior Lutheran Church, and
~'~ ~J authorizing the Hayor to sign.
Item 30C Discussion, consideration of approval or an ordinance for Case
#S-1034, to change the zoning designation from (C) Co~nercial,
to (C-Sb~) Co~rcial, Special Use Permit, on a parcel of land
located at 125 Kimbel Kourt, at the request of Hr. Morris
Salerno, and authorizing the Mayor to sign.
Item 30D Discussion, consideration of approval of an ordinance for Case
#ZC-510, to change the zoning designation from (A)
Agricultural, to (HC) Highway Commercial, to allov for the
development of Highway Commercial, on a parcel of land located
on the south side of Cotton Road (east), end approximately 250
feet from the center line of Freeport Parkway, a~d
authorizing the Mayor to sign.
Item 30E Discussion, consideration of approval of an ordinance for case
~S-1026 to change the zoning designation from (SF-9) Single
Family-9, to (SF-9-SUP) Single Family-9-Special Use Permit, to
allow the operation of a church, on property located
approximately 600 feet north of the northeast corner of Sandy
Lake Road and Samuel Boulevard, and authorizing the Mayor to
sign.
Item 30F Discussion, consideration of approval of an ordinance for Case
#S-1044 to change the zoning designation from (SF-12) Single
Family-12, to (SF-12-St~) Single Family-12-Special Use Permit,
on a parcel of land located at 572 Rocky Branch Road and
authorizing the Mayor to sign.
Item 30C Review, consideration and final acceptance of 34" crosstoum
water line and other miscellaneous waterline improvements and
approval of final pay application, in the amount of
$70,652.70.
Item 30H Review, consideration and final acceptance of the Bethel Road
drainage improvements and approval of final pay application,
in the amount of ~22,911.95.
Item 301 Consideration for awarding of bid; for purchese of office
supplies, for the period from November 1, 1989 to September
30, 1990.
Item 30J Discussion, consideration of moving $1,000.00 from the
Contingency Fund in Mayor and Council Budget to Special
Projects to be used by the Coppell Historical Committee.
Item 30K Discussion, consideration of approval of an ordinance amending
Ordinance 1311 to allow one-way traffic on Rollins Hills from
December 1, 1989 through December 27, 1989 and authorizing the
Mayor to sign.
Item 30I. Discussion, consideration of approval of the Dallas County
Health Services Agreement for F.Y. '89-'90, by formal
resolution, in the amount of $1,763.00.
/Councilman Morton moved that the Consent Agenda be approved as submitted
and the Hayor be authorized to sign all approved ordinances and
resolutions. Councilman Smothermon seconded the motion; motion carried
7-0 with Hayor Pro Tem ~ilkerson and Councilmen Thomas, Morton,
Smothermon, Cowman, Robertson and Nelson voting in favor of the motion.
Ordinance numbers assigned are as follows:
Iten No. Ordinance/Resolution No.
30A Ordinance No. 297-A-66
30B Ordinance No. 297-A-67
30C Ordinance No. 297-A-68
Page 10 of 11
30D Ordinance No. 297-A-69
30E Ordinance No. 297-A-70
30F Ordinance No. 297-A-71
30K Ordinance No. 89-157
30L Resolution 111189.6
EXECUTII~ SESSION (closed to the public)
ES-31 A. Article 6252-17, Senate Concurrent Resolution Number 831
discussion with City Attorney concerning matters
involving privileged co~munication between Attorney and
client:
2) D/Cd Airport expansion
3) Discussion concerning Southwestern Railroad
obligation in the amount of ~92,768.06.
B. Article 6252-17, Section 2(e); discussion with City
Attorney and review of pending litigation matters by City
Attorney:
1) General Homes; second lawsuit.
C. Article 6252-17, Section 2(g); discussion concerning
personnel.
1) Discussion of personnel matters relating to City
Boards & Commissions.
Council convened in Executive Session at 9:14 p.m. as allowed under
Article 6252-17, Senate Concurrent Resolution Number 83; and adjourned
at 10:48 p.m.
REGULAR SESSION (open to the public)
There was no action required in connection with Executive Session item
ES-31A through C, as set forth above.
There being no further business to come before the Council, the meeting
was adjourned.
Mark Wolfe, Mayor
ATTEST:
Dorothy Timmon8, City Secretary
MINVrEs 111189
M~rS3
Page 11 of 11