CC approval of ORD-3/10/92 CONSENT AGENDA
%)~~~-, ?, AGENDA REQUEST FORM
CO~L
ITEM CAPTION:
To co~id~ ~ ~uce f~ C~e ~1O55~ to ~ge the zou~g desi~tion f~m (R) Retail,
to (R.SUP) Ret~l S~ U~ P~it, on a p~cel of ~d located at 420 ~thel Road, ~d
auth~z~g ~e M~y~ to si~
SUBMITTED BY: [ ~ ~~ STAFF REP.: Planning Director, Gary L. Sieb
~-~-Signature
Lawrence Jackson, City Attorney
OTHER REP.:
EVALUATION OF IT :' DATE: _ --
Date of P & Z Meeting: November Z1, 1991
Decision of P & Z Commission: Approval
Date of City Council Meeting: December 10T 1991
Decision of City Council: Approval
P,ease see attached site ~'an a~d Cound] minutes for further detai's.
APPROVED
BY
CITY COUNCIL
DATE s -io-~ ..-
BUDGET AMT. N/A AMT. ESTIMATED
AMT +/- BUDGET FINANCIAL REVIEW BY '-~
COMMENTS:
LEGAL REVIEW BY: REVIEWED BY CM:
AGF_N~A ~E~UF-~T FORM ,=~'~E.D
Following discussion, Mayor Pro Tem Smothermon moved to approve the
-' preliminary plat for Chaucer Estates Addition, located at the
northwest corner of Sandy Lake Road and Heartz Road, with renderings
attached as part of applicationo Councilman Nelson seconded the
motion; motion carried ?-0 with Hayor Pro Tem Smothermon and
Councilmen Weaver, Thomas, Hutton, Co~nnan, Robertson, and Nelson
voting in favor of the motion.
~m i~ PUBLIC'H~ARiNG: Consideration and approval of a zoning
change, Case #S-I055, from (R) Retail, to (R-SUP)
Retail Special Use Permit, to allow the operation of an
~ office and floral shop, located at 420 Bethel Road, at
/ the request of Mrs. Joy Onstott.
Mayor Wolfe declared the ~blic Hearing open. Ne asked for those
persons who wished to speak against the proposed zoning change. There
were none. He then asked for those persons who wished to speak in
favor of the proposed zoning change. Again, there were none. Hayor
Wolfe then declared the public hearing closed. Lindy Thomas of 514
Parkview Place representing the Coppell Historical Committee sddressed
the Council pertaining to this item. Following discussion, Councilman
Nelson moved to approve the zoning change Case tS-1055 from (R) Retail
to (R-SUP) Retail Special Use Permit to allow the operation of an
office and floral shop, located at 420 Bethel Road, at the request of
Hrs. Joy Onstott. Councilman Thomas seconded the motion; motion
carried 7-0 with Mayor Pro Tam Smothermon, Councilmen Weaver, Thomas,
Morton, Covnmn, Robertson and Nelson voting in favor of the motion.
Item 16 PUBLIC HEARING: Consideration and approval of a zoning
change, Case #S-1056, from (C) Commercial, to (C-SUP)
Commercial Special Use Permit, to allow the operation
of a restaurant, located at 150 S. Denton Tap Road, at
the request of Mr. Hichael Herschmann.
Gary Sieb~ Director of Planning and Community Service, made the
presentation to the Council. Lawrence Steinburg, representing the
applicant, Htchael Herschmann, also made a presentation to the Council
in reference to 5acky Chan Chinese Restaurant. Mayor Wolfe declared
the Public Hearing open and asked for those persons who wished to
speak against the proposed zoning change. There were none. He then
asked for those persons who wished to speak in favor of the proposed
zoning change. Again, there were none. Hayor Wolfe then declared the
Public Hearing closed. Following discussion, Mayor Pro Tem
Smothermon moved to approve zoning change Case tS-1056 from (C)
Commercial to (C-SUP) Connnercial Special Use Permit to allow the
operation of a restaurant, located at 150 S. Denton Tap Road.
Councilman Cowman seconded the motion; 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 17 PUBLIC HFARING: Consideration and approval of a zoning
change, case IZC-533, (Sand Point Estates) from (SF-12)
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91~00~A-~
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 JOY ONSTOTT No. S-1055, should be granted and the
Comprehensive Zoning Ordinance of the City of Coppell 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
AGG02275
amending the Zoning Map of the city of Coppell, to give the
property hereinafter described, a new zoning district
classification, to wit:
"R" Retail District Classification with a Special Use Permit
for a Floral Shop and Office.
Said Special Use Permit being subject to the following
conditions~
1. None
Said property being described as follows:
BEING at 420 Bethel Road, City of Coppe11, Dallas County,
Texas, and shown on the Site Plan attached hereto as Exhibit
"A" 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
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 i%~ day of ~!~%A~ , 1992.
APPROVED:
ATTEST: MAYOR/'
C0S92-0217
Being all that certain tract or parcel of land situated in
Dallas County, Texas, and being part of the JAJ,:ZS ~'~'. ANDENSON
320 ACRE SURVEY, ABSTRACT 18, Dallms County, Texas and being
part of the 3-1/2 acre tract conveyed to C.C. Mitchell ¢9'
Kirkland and wife, Laura S. Kirkland, by deed dated July 9, 1954,
filed for record July 19, 1965, Deed Records, Dallas County,
Texas, described as follows,
Beginning at a point in the North line of .-~erh~.l School Road, '~:hich
intersects the West line of the 90 foot X 441 foot ~ract con-
veyed re ~,.J. Mitchell and wife, Bessie by deed dated january 2?,
1969, filed for record February 2, !~0, Deed Records, Dallas
County, Texas, said poing also being 30 feet North of the Southwest
corn¢-- of said W.J. Mitchell tract, Thence North along the
line of said W.J. ~.~itchell tract 134 feet to point for corner;
THENC2 :~est and parallel to the North line of Bethel School Road,
80 feet;
THENCE South and parallel to the West line of said W.J. Mitchell
tract, 134 feet to point in North line of Bethel School Road:
THENCE East along the North line of Bethel School Road 80 feet
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 developerts 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. Annts 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
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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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