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CC app of ORDs1021,23,24 12/12Y, fv. 4-24-89 ITEM CAPTION: AGENDA REQUEST FORM CITY COONCIn K~E~ING . De~:l,;~ 1989 To consider lan ordinance for Case #'s 8-1021, 8-1023 and 8-1024, to change the zoning designation from (R) Retail, to (R-SUP) Retail Special Use Permit, on a parcel of land located at the southeast corner of East Beltline Road and SoJl~ Bel~~l~,~J~ i~ ~/, , ~..~ ~~t~'ne Road, and authorizing the Mayor~to si~.~~~ i%ctofVs-Sture) ~~~: Jackson, Atty. Date of Planning and Zoning Commission Meeting: July 23, 1987 Decision of Planning and Zoning Commission: Approved (6-0) Date of City Council Meeting: August 11, 1987 Decision of City Council: Approved with conditions. Please see attached site plan and City Council minutes for further details. BUDGET AMT.: COMMENTS: A PPR 0 VED CITY COUNC~7- ~'DAIE ~ , , AMT. ESTINAT~I): LEGAL BA'YT_L~BY: AGF..J~A REQ FOR~! 0588DS AN ORDINANCE OF THE CITY OF COPPELL, TEXAS o tDINANc . No. - 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 ($1,000.00) 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 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 Chevron, No. S-1021, S-1023 & S1024, 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 amending the Zoning Map of the City of Coppell, to give the hereinafter described property a new zoning district classification, to-wit: "R-SUP" Retail District Classification with a Special Use Permit for a Gasoline Service Station, Convenience Store, and Car Wash. Said Special Use Permit shall be conditioned upon the following special conditions: 1. Use to comply with site plan attached hereto as Exhibit "1". 2. Use of property to comply with Architectural Rendering Attached hereto as Exhibit "2". 3. Signage on canopy deleted. Said property being described as follows: BEING a tract of land containing 30,673 square feet or 0.7019 acres of land, more or less, at the southeast corner of (north-south) Beltline Road and (east-west) Beltline Road, City of Coppell, Dallas County, Texas. Said property more particularly shown on the site plan attached hereto as Exhibit "1". Said property more particularly described by meets and bounds in Exhibit "3" attached hereto. 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 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 One Thousand Dollars ($1,000.00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare of the City. Therefore, this ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY P/~SED by the City Council of the City of Coppell, Texas, this the /b~ dayof ~ ~r~J~ji~$~.~/L~ , 1989. CZ89-1105 S-1021,23,24 APPROVED: BI~LTUNE ROAD NORTH ELEVATION WEST ELEVATION om,,~ Clmvma U.$A k~ LANOSCAP~ ELEVATIONS  ~,..,~..,..s.~,,~. BELTLINE E DENTON TAP I1~1511~, COPPELL, TEXAS 0 P-5 present and stated that the business owners would be notified prior to moving of these signs. Councilman Thomas requested that staff approach FDIC about taking down the sign in front of the old Metropolitan Bank Building. Following discussion on this item, Councilman Cowman moved to $6,500.00 be approved to fund the relocation of sign, shrubbery and trees to improve site visibility along Denton Tap Road. Councilman Smothermon seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Item 32: Discussion, consideration of approval of entering into an agreement with Evaluation Associates to do a thoroughfare enhancement study on Denton Tap Road in the amount (not to exceed) $42,000.00. Deputy City Manager/Finance Director Frank Trando made the presentation to the Council. Mr. Trando stated that this item is in conjunction with the Road Assessment Program on Denton Tap Road. Following discussion on this item, Councilman Robertson moved that the City enter into an agreement with Evaluation Associates to do a thoroughfare enhancement study on Denton Tap Road in the amount not to exceed $42,000.00. Councilman Thomas seconded the motion; motion carried 6-1 with Mayor Pro Tem Wilkerson, Councilmen Thomas, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion and Councilman Morton voting against the motion. Item 33: Discussion, consideration of authorizing City Manager and City Attorney to proceed with negotiations or condemnation proceedings, as required, for securing ROW for MacArthur Boulevard extension north from its northern terminus to connect to MacArthur Boulevard within Vista Ridge north of Denton Creek. Following discussion on this item, Councilman Thomas moved that the City Manager and the City Attorney be authorized to proceed with negotiations or condemnation proceedings, as required, for securing ROW for the MacArthur Boulevard extension. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. CONSENT AGENDA Item 34A: ~iscussion, consideration of an escrow agreement from Exxon Corporation in lieu of their obligation to construct their portion of Sandy Lake Road improvements. B: Discussion, consideration of an ordinance for Case t's $-1021, S-1023 and S-1024, to change the zoning designation from (R) Retail, to (R-SUP) Retail Special Use Permit, on a parcel of land located at the southeast corner of East Beltline Road and South Beltline Road, and authorizing the Mayor to sign. C: Discussion, consideration of approval to authorize the City Manager to develop a concept formula for sharing in capital cost of the natatorium and providing in£ormation to the Recreational Facilities Bond Committee. D: Consideration and adoption of an ordinance abandoning an existing drainage easement for a new document granting the City a 15 foot drainage easement, and authorizing the Mayor to sign. PACE 12 OF 14 E. Discussion, consideration of a contract allowing Haxim Engineers, Inc. to perform underground fuel storage tank site assessments at 616 Coppell Road, (First Station il), 1515 W. Bethel (West Service Center) and 732 Deforest (North Service Center) at a cost of $2,650.00. F. Review, consideration and final acceptance of the Bethel Road/Pelican drainage and the Warren Court paving improvements, and approval of the fund pay application in the amount of $17,473.90. Consideration of approval of entering into an agreement with TU Electric to provide dual service to the Village Parkway Pump Station in the amount of $67,876.00. H. Consideration of approving a resolution authorizing the purchase of two copier machines under the State of Texas Purchasing and General Services Commission and authorizing the Hayor to sign. I. Consideration for awarding of bid to Citizens~ Advocate for designation of official newspaper. Item number 36-E was pulled from the Consent Agenda and considered as a separate item. Councilman Horton then moved that the remainder of the Consent Agenda be approved with Item number 36-B carrying Ordinance number 297-A-72, Item number 36-D carrying Ordinance number 89-662 and Item 34-H carrying Resolution number 121289.1 and the Hayor be authorized to sign the necessary documents. Councilman Cowman seconded the motion; motion carried 7-0 with Hayor Pro Tam Wilkerson, Councilmen Thomas, Horton, Smothermon, Co,man, Robertson and Nelson voting in favor of the motion. Item 36E. Discussion, consideration of a contract allowing ~axim Engineers, Inc. to perform underground fuel storage tank site assessments at 616 Coppell Road, (First Station 11), 1515 W. Bethel (West Service Center) and 732 Deforest (North Service Center) at a cost of $2,650.00. Deputy City Hanager/Finance Director Frank Trando stated that the funding of this item represents a total of $6,700.00 rather than $2,450.00 as stated in the posted caption. Following discussion on this item, Councilman Robertson moved that funding in the amount of $6,700.00 be approved on this project. Councilman Horton seconded the motion; motion carried 7-0 with Hayor Pro Tam Wilkerson, Councilmen Thomas, Horton, Smothermon, Co~nnan, Robertson and Nelson voting in favor of the motion. EXECUTIVE SESSION (Closed to the public) ES-2 A. Article 6252-17, Senate Concurrent Resolution Number 83; discussion with City Attorney concerning matters involving privileged communication between Attorney and client: HacArthur ROW acquisitions. To receive from the City attorney information concerning Council~s legal position in regard to Council's response to the DART Petitioners~ Committee~s request. Report on SBS Concession Stand at Brown Park. The City Council convened into Executive Session at 11:26 p.m. on Tuesday, December 12, 1989 as allowed under the above stated article. Hayor Wolfe adjourned the Executive Session at 12:15 a.m. on Wednesday, December 13~ 1989 and opened the public session. PAGE 13 OF 14