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AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. qiS00~A-I~
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 SOUTHWESTERN BELL TELEPHONE, S-1053, should be
granted and the Comprehensive Zoning Ordinance of the City of
Coppell should be amended in the exercise of its 'legislative
AGG02276.(
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:
"LI" Light Industrial District Classification with a Special
Use Permit for a 64 Foot Monopole Telephone Tower.
Said Special Use Permit being subject to the following
conditions:
1. All obsolete or unused facilities must be removed
within 12 months.
2. The tower and antenna shall not exceed 64 feet in
total height.
3. No outside storage.
Said property being described as follows:
BEING a 60 x 40 foot tract of land 992 feet south of the
intersection of Thweatt Road and Royal Lane, city of Coppell,
Dallas County, Texas, and shown on the Site Plan attached
hereto as Exhibit "A" and made a part hereof, and on described
in Exhibit "B" attached hereto 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be, and the same are hereby, repealed and all other ordinances or
AGG02276
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 10 ~ day of ~. ~O~ , 1992.
APPROVE D:
ATTEST:
APPROVED AS TO FORM:._
C6Z92-023.9 ~'"'
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EXI-! ! BI T.' "A"
EXHIBIT "B"
Attached to and made a part of that certain Lease Agreement dated
____~//~/q/tz by and between IIager Containers, Inc. LESSOR, and Dallas
SMSAtLi~.ited Partnership, LESSEE.
PROPERTY DESCRIPTIqN "
BEING a' tract of land.:Jituated in tile Jesse Ho~re Survey~
Abstract ~o. 968 in the City of Coppell, Dallas County,
Texas and also being part of a 20 acre tract of land
described in deed to' Connell Development Company in
Volume 83219, Page 2674 of 'the Deed Records of Dalla~
County, Texas, also known as ~ager Containers Addition, as
addition to the City of Copp~ll, Texa~, according to the
Plat thereof recorded In Vol~e ~ , Page ~, Plat
~Records of Dallas County, Texas, and bein~ more particularly
.described as follows,
CO~ENCING at a 1" iron pin at the intersection of the South
lin~ of Sandy Lak~ Ro~J (Thweatt Road) (a 50 foot
right-of-way) with the Southeasterly line of State
Highway 121 (a 100 foot right-of-way), said point also being
hh~ Northwest corner of a 30.508 acre tract o~ land
described In deed to Baker & Associates Joint Ve~lture No.
in Volume' 85013, Page 4136 of the Deed Records of Dallas
County, Texas;
~[ENCE East, 941.84 feet along the South line of Sandy lake
Road to a 'point for co~ner;
THENCE South 0" 11' 00" East, 993.06 f~et.leaving the said
South line of Sandy Lake Road' and along a mutual Boundary
Line Agreement as recorded in Volume 85013, Page 4129;
TIIENCE No~th 89" 49' 00" East, 50.00 feet to the POINT 0F
BEGII~NING$' an iron pla~pr co~ger; .-
~ENCE 'N~rth 89" ~9~' 0'~~" East, 606~12 re'et to an iron pin
for corne~;
THENCE South 0" 11' 00" East, 336.65 feet to an iron pin for
corner;
TIIENCE South 89" 58' 20" West, 606.12 feet to a~ iron pin
for comner;
THENCE North 0" 11' 00" West, 335.00 feet to the .POINT OF
EGI~ING and CONTAINING 4.673 acres (203,548 square feet)
of land, more or less.
. ~ . . : ~
3~sse Ho6r~ Su~ey, A-968
. ~ ...~ / ,: ~c~oss - ;
Item 11 PUBLIC HEARING: To consider designation of the Rediform Tax Abatement
Area as a Reinvestment Zone pursuant to Section 312.201 of the Property
Redevelopment and Tax Abatement Act. The property to be considered for
Reinvestment Zone designation is that property owned by The Prentiss/Copley
Investment Group and to be under lease to Rediform, a division of Moore
Business Forms, Inc., and described as Lot 1, Block 8, of Park West Commerce
Center, an addition to the City of Coppell.
Mayor Wolfe declared the Public Hearing open and asked if there were any citizens who wished
to speak for or against this designation. There being no citizens who wished to speak at this
time, Mayor Wolfe declared that the Public Hearing would be held open until July 23, 1991.
Councilman Morton moved to hold open the Public Hearing on the designation of the Rediform
Tax Abatement Area as a Reinvestment Zone pursuant to Section 312.201 of the Property
Redevelopment and Tax Abatement Act until July 23, 1991. Councilman Cowman seconded the
motion. The motion carried 6-0 with Councilmen Weaver, Thomas, Morton, Cowman,
Robert.son and Nelson voting in favor of the motion.
Item 12 Consideration of an Ordinance designating the Rediform Tax Abatement Area as
a Reinvestment Zone pursuant to Section 312.201 of the Property Redevelopment
and Tax Abatement Act, said area being that property owned by the
Prentiss/Copley Investment Group and to be under lease to Rediform, a division
of Moore Business Forms, Inc., and described as Lot 1, Block 8, of park West
Commerce Center, an addition to the City of Coppell.
Councilman Morton moved to table this item to the July 23, 1991 meeting. Councilman
Cowman seconded the motion. The motion carried 6-0 with Councilmen Weaver, Thomas,
Morton, Cowman, Robertson and Nelson voting in favor of the motion.
Item 13 PUBLIC HEARING: Consideration and approval of a zoning change request,
Case #S-1053, from (LI) Light Industrial, to (LI-SUP) Light Industrial Special
Use Permit, for the installation of a 64' monopole telephone tower, located
approximately 992 feet south of the intersection of Thweatt Road and Royal Iarte,
along the east side of Royal Lane, at the request of Southwestern Bell Mobile
Systems, Inc.
Planning and Community Services Director Gary Sieb made a presentation to Council. William
Cotheran, reputing Southwestern Bell Mobile Systems, was present to answer any questions
which Council might have. Planning and Community Services Director Gary Sieb stated that
all building code masonry requirements, setbacks, etc. have been met. Mayor Wolfe declared
the Public Hearing open and asked if there were any citizens who wished to speak in favor of
or in opposition to the zoning change request. There being no citizens who wished to speak,
Mayor Wolfe declared the Public Hearing closed. Council was informed that it is anticipated
that the construction on this project should be completed by the end of this calendar year.
Council asked if there were any way this could be sT, c. cded up; Mr. Cotheran slated that he
would convey to Southwestern Bell Mobile Systems that Council is anxious for this to be
completed as soon as possible. Councilman Robe.-c-on moved to approve a z.~.~.g c.~.ge
request, Case #S-1053, from (LI) Light Industrial, to (LI-SUP) Light Industrial Special Use
Permit, for the installation of a 64' monopole tower, located approximately 992 feet south of the
intersection of Thweatt Road and Royal Lane, along the east side of Royal Lane, at the request
of Southwestern Bell Mobile Systems, Inc. with the conditions of: 0) Tower and antenna may
not exceed 64 feet in total height (2) All obsolete or unused facilities must be removed within
twelve (12) months and (3} no outside storage. Councilman Cowman seconded the motion. The ...
?
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 $.
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
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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.
H. 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
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Page 11 of 12