CC approval of ORD-3/10/92(~ *~~~'~~o~,.' AGEN~.~_~: - ~A,REQUEST FORM
ITEM CAPTION:
To c~id~ ~ ~ce f~ C~ ~10~, to ch~ge the zoning deM~ti~ f~m {~) ~ght
M~M~, to {~SUP) ~ght Md~MM S~ U~ P~it, on a p~cel of Md located e~t
of Denton Tap Road, a~mately Z1Z' n~h of ~lt~e Road {E/W)~ ~d au~z~g the
May~ to ~.
SUBMI~FED BY: , STAFF RF_~.: PIanrdng Director, Gary L. Sieb
i t~Lr~ tOgS Signature) Lawrence Jackson, City Attorney
EVALUATION OF I'IT.M:' ' OTHER REP.:DATE: _ _
Date of P & Z Meeting: September 19, 1991
Decision of P & Z Commission: Ap~mroved with conditions
Date of City Council Meeting: October ZZ, 1991
Decision of City Council: Approved with conditions 0..A ,LJL. q 1500--A ' ]3
Please see attached site plan and Council minutes for further details. APPFIOVED
BY
r'iTY,_,, COUNCIL
DATE .~-/o-~,~
BUDGET AMT. N/A AMT. RS'rIM&TED
AMT +/- BUDGET FINANCIAL REVIEW BY ~
COMMF-NTS:
LEGAL REVIEW BY: REVIEWED BY CM'~~
^GE..~DA I~QUF..ST FORM RL%'E~F..D L~I
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. q ] 5 00- ~- ~ 5
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 METROCEL CELLULAR TELEPHONE, S-1054, should be
granted and the Comprehensive Zoning Ordinance of the City of
Coppell should be amended in the exercise of its legislative
discretion.
AGG02276
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 Bpecial
Use Permit for a Telephone Communication Tower.
Said Special Use Permit being subject to the following
conditions:
1. If the property ceases to be used by Metrocel the
tower and all structures and equipment shall be
removed and the City may take such action to rezone
the property.
The tower shall not exceed 75 feet in height.
3. No outside storage at the location except during
construction.
Said property being described as follows:
BEING East of Denton Tap Road and approximately 212 feet north
of Beltline Road, City of Coppe11, Dallas County, Texas, and
shown on the Bite Plan attached hereto as Exhibit "A" and made
a part hereof, and on described in Exhibit "B', attached hereto
and made a part hereof.
AGG02276
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 IOt~k_. day of ~0~\~ , 1992.
APPROVE D. '
~ow.~ ~s ~o ~o~:
C0Z92-0218
1N3~30t::I¥-IN3 3J. IS '13:2)0UJ. 31~
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LEGAL DESCRIPTION
BEING A TRACT OR PARCEL OF LAND SITUATED IN THE McKINNEY AND
WILLIAMS SURVEY, ABSTRACT NO. 1054, IN THE CITY OF COPPELL,
DALLAS COUNTY, TEXAS, AND BEING A PORTION OF A 23.98 ACRE
TRACT OF LAND AS RECORDED IN VOLUME 80112, PAGE 3098 OF THE
DEED RECORDS, DALLAS COUNTY, TEXAS; ALSO BEING A PORTION OF
SHAKE AND SHINGLE ADDITION, AN ADDITION TO THE CITY OF
GOPPELL, MAP RECORDS OF DALLAS COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
FROM AN IRON ROD IN THE NORTH RIGHT-OF-WAY OF BELT LINE ROAD
(A 120' R.O.W.) AT THE SOUTHEAST CORNER OF BLOCK 2, NORTH
LAKE BUSINESS ENTER, PHASE I, AN ADDITION TO THE CITY OF
COPPELL, TEXAS AS RECORDED IN VOLUME 81085, PAGE 970, PLAT
RECORDS, DALLAS COUNTY, TEXAS;
THENCE N 01'17'00" E ALONG SAID EAST LINE OF NORTH LAKE
BUSINESS CENTER, PHASE I, A DISTANCE OF 222.5 FEET TO THE
PLACE OF BEGINNING;
THENCE N 01°17'00'' E ALONG SAID EAST LINE OF NORTH LAKE
BUSINESS CENTER, PHASE I, A DISTANCE OF 60.0 FEET TO A POINT
FOR A CORNER,
THENCE S 88°51'00"E A DISTANCE OF 60.00 FEET TO A POINT FOR A
CORNER;
THENCE S Oi"i?'00"W A DISTANCE OF 60.0 FEET TO A POINT FOR A
CORNER,
THENCE N 88°51'00"W A DISTANCE OF 60.00 FEET TO THE PLACE OF
BEGINNING AND CONTAINING 3,600 SQUARE FEET OR 0.08 ACRES OF
LAND, MORE OR LESS.
- ' -... EXHIBIT ."'B"
Councilman Thomas seconded the motion. The motion carried 6-0, with Mayor Pro Tem
Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, and Nelson voting in favor.
Item 15 PUBLIC HEARING: Consideration and approval of a zoning change request,
Case #S-1054, from (LI) Light Industrial, to (LI-SUP) Light Industrial with a
Special Use Permit for a Metrocel Cellular Telephone Communication Tower, on
property located east of Denton Tap Road, and approximately 212 feet north of
Beltline Road, at the request of Metrocel Cellulax Telephone Company.
The public he:'ring was left open from the October 8 Council Meeting. Mayor Wolfe closed the
public hearing. Gary Sieb spoke in favor of the item. Brief discussion followed regarding the
height of the tower. Councilman Cowman moved to approve zoning change request, Case #S-
1~'~54; from (LI) Light Industrial, to (LI-SI~i:) l.l~;,r l,dush"ial with a Special Use Permit fob' a
Metrocel Cellular Telephone Communication Tower, on property located east of Denton Tap
Road, and approximately 212 feet north of Beltline Road, at the request of Metrocel Cellular
Telephone Company. Councilman Nelson seconded the motion. The motion was amended to
include that if the area ceases to be used by Metrocel then the tower and all structures and
equipment be removed. The motion was also amended to include a 75' height restriction, plus
there be no outside storage at the location other than the construction. The motion with the two
amendments carried 6-0, with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas,
Morton, Cowman, and Nelson voting in favor of the motion.
Item 16 Discussion of the Tax Abatement Policy requested by Mayor Pro Tern Bill
Smothermon.
Mayor Pro Tem Smothermon made a presentation to the Council regarding the possible revision
of the Tax Abatement Policy for the City. This policy would provide a 25 percent tax abatement
for five years to a company which adds $5.5 million to our tax roll, or to grant a 50 percent tax
abatement for five years if a company adds an enhanced tax value of more than $10 million to
our tax roll. He also stated that this simplified program be in effect for two years; at that time,
unless renewed by Council, it would no longer be in effect; and that this proposal has been
discussed with the Industrial Development Task Force, the Economic Development Board, and
the primary development community. Following discussion, staff was directed to proceed with
drafting of an ordinance to revise the Tax Abatement Policy for the city.
Item 17 Discussion of Freeport Goods requested by Mayor Pro Tern Bill Smothermon.
Mayor Pro Tern Smothermon stated that he has been approached by members of the business
community regarding the Freeport tax situation. Legislature has provided an opportunity for
cities to not charge ad valorem tax on certain items within their jurisdiction. At the present time
the City of Coppell does not provide that abatement. If the resolution is ever provided, it is
forever. He requested Council's consensus that the Council refer this issue back to the
Economic Development Board for their research and input. At the present time the City would
not have a very significant impact from this tax, however, the school district would be
significantly affected; and the abatement cannot apply to a selected area or zone. Freeport,
Texas is the city that got the law passed. The name Freeport does not mean the same as
freeport zones as in import or export.
Item 18 Discussion and consideration of report from special study committee regarding
sales tax.
Mayor Pro Tern Smothermon stated that he would like to defer most of the discussion on this
at 1:30 p.m. at Coppe11 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 S.
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
CM031092
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-10§5, 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 byCouncil. 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
CM031092
Page 11 of 12