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CC approval of Ordinance 3/8/94 ~ AGENDA REQUEST FORM CITY COUNCIL MEETING: March 8, 1994 ITEM # // ITEM CAPTION: Consideration and approval of an ordinance for Case #S-1076 to change the zoning designation from LI (Light Industrial) to LI.-S.U.P. (Light Industrial-Special Use Permit), on a parcel of land located along the southeast corner of MacArthur Boulevard and Beltline Road and authorizing the Mayor to sign. APPROVED ,. DATE -' · TITLE: Dik. nf P]ann~l%g and Comm. Services INITIALB~/~// STAFF COMMENTS: Date of P&Z Meeting: January 20, 1994 Decision of P&Z Commission: Approval with conditions Date of CC Meeting: February 8, 1994 Decision of CC: Approval with conditions STAFF RECOMMENDATION Approval ~ Denial EXPLANATION: Please see the attached site plan for further detail. BUDGET AMT.$ ~ AMT. EST.$ +/- BUD:$ FInANCIaL COMME~S: FINANCIAL REVIEW: ~ CITY MANAGER REVIEW: Agenda Request Form - Revised 1,`94 Put '~okl~md' I~ i~ pt4n~r- AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~t,5"oO-~ - q7 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM LI (LIGHT INDUSTRIAL) TO LI S.U.P. (LIGHT INDUSTRIAL, SPECIAL USE PERMIT) WITH SPECIAL CONDITIONS, TO ALLOW THE OPERATION OF A RESTAURANT ON A 0.73 ACRE TRACT OF LAND LOCATED ALONG THE SOUTHEAST CORNER OF MACARTHUR BLVD AND BELTLINE ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXHIBIT "B" AND THE LANDSCAPE PLAN ATTACHED HERETO AS EXHIBIT "C"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance 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, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application Number S-1076 should be granted, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, as heretofore amended, be, and the same is hereby, amended to grant a change in zoning from LI (Light Industrial) to LI S.U.P. (Light Industrial, Special Use Permit), for the operation of a restaurant on a 0.73 acre tract of land located along the southeast comer of MacArthur Boulevard and Beltline Road and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the change in zoning is hereby granted subject to the following special conditions, to wit: 1. All required parking shall be provided on-site. 2. Additional off-site parking shall be immediately adjacent to and on the south side of this site. 3. The property shall comply with the Site Plan and Landscape Plan attached hereto as Exhibits "B" and "C', respectively. SECTION 3. That the Site Plan and Landscape Plan as shown in Exhibits "B" and "C", attached hereto and made a part hereof for all purposes, be, and the same are hereby, approved. SECTION 4. That the above property shall be used only in the manner and for the purposes provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. REPEAl.lNG CLAUSE That all provisions of ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. 2 SECTION 6. SEVERABILITY CLAUSE That should any sentence, paragraph, 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 unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. PENALTY CLAUSE 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 of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 8. SAVINGS CLAUSE An offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. EFFECTIVE DATE That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the 3:' day of ,1994. 3 AGG0519B APPROVED: TOM MORTON, MAYOR ATFEST: C~Y~ ~ APPROVED AS TO FORM: P~R~G. S~ORNEY 4 AGG0519B FIELD NOTE DESCRIPTION BEING a 0.448 acre tract of land situated in the Singleton Thempson Su_rvey, Abstract No. 1495, City of Coppell, Dallas County, Texas, and being all of Lot B-R1, Block 1 of o replat of Lot B, Block 1 of the Valley Ranch Center, an addition to the City of Coppell, Texas as recorded in Volu.rne 95006, Page 5651 of the Deed Records of Dallas County, Texas (D.R.D.C.T.), said 0.448 acre tract being more particularly described as follows: BEGINNING a.t a point in the easterly line of MacArthur Boulevard (a 110 foot. right of way), said point also belng the southwest comer of Lot A, Block 1 of the Valley Ranch Center, an. addition .to the City of Coppell, as recorded in Volume 88035, Page 1680 (D.R.D.C.T.); THENCE South 85'42'55" East, leaving the easterly line of said IdocArthur Boulevard and along the southeHy line of said Lot A, Block 1, 187.60 feet to a point; THENCE South 04'1'7'25' West. leaving the southerly line of said Lot A, Block 1, 105.44 feet to a point THENCE North 85'42'35' West, 100.00 feet to a point; THENCE North 87'52'35' West, 79.84 feet to a point in the easterly line of said MacArthur Boulevard; THENCE North 00'10'00' East, along the easterly line of said MacArthur Boulevard, 108.74 feet to the POINT OF BEGINNING and containing 0.448 acres or 19,.501 square feet of land more or leas. Exh :i.b ~I;"A" PLANT LIST "" '"' .,,., ~., ...... , . ,'. ~; ........ -.,_ ::--.~--..,....._ ...., r~.;._::. ...... · '., F. '.'X;/7% '--- .... "" '.~.-~'-'._.~.~??-- "~ "~';"-'":~ SPECIFICATIONS '~, --- L J ~ . . ~ F.:::,;, "-"'g-'5-. · .'~1--I ..................... .............. .,_.,,~,._~, , . . ,_=..=.__......= .__...~=: .__,..~..__ ~.~ ......... "~=., __...._..,._,.=.=.,,._.-.. ,,,,, . .,.,,,., . ...... ...... ~. .. _ .................... ................. ~ ..,~ ,.- .-,,~ .~_--~,~-:...--_':.%_--:,..= _--.. .....__-:':"--';.~ .--,"-"--:"'"'"' =,.---,. ="-"~' =.= ...... -....__.-. .............. : i I ~ ---~.. ~;'= .,~"...-.-.:v.: ,-. ,'.,.-~'~~"...'T- '-' '.-.~'"C:' '-~"--'d.?'"','"::--'-- ."-~::i!:!' "';'="? :''= :'~'-'~'""';':'~ LAND,~CAPE PLAN ~e "- .'*'-~ motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stably, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. 9. Consideration and approval of an ordinance approving changes to the Comprehensive Zoning Ordinance addressing height of apartments in MF-2 zoning districts and authorizing the Mayor to sign. Mayor Pro Tem Robertson moved to approve Ordinance No. 91500-A-46 approving changes to the Comprehensive Zoning Ordinance addressing height of apartments in MF-2 zoning districts and authorizing the Mayor to sign. Councilmember Reitman seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stably, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. 10. PUBLIC HEARING: Consideration and approval of PD-121, The Estates of Cambrid~,e Manor, to change the zoning from A (Agriculture) to P.D.SF-12 (Single Family-12), located along the north side of DeForest Road, 1,600 feet east of MacArthur Boulevard, at the request of Beamer Development, Inc. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak against this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Dave McCallum, 316 Parkview Place, indicated his approval of this project. Mayor Morton then closed the Public Hearing. Jack Bommarito, representing the developer, made a presentation to the Council. Mark Wainscott, representing Beamer Development, addressed the Council. Mayor Pro Tem Robertson moved to approve PD-131, The Estates of Cambridge Manor, to change the zoning from A (Agriculture) to P.D. SF-12 (Single Family- 12), located along the north side of DeForest Road, 1,600 feet east of MacArthur Boulevard and Beltline Road subject to the following conditions: 1) front yard minimum setback be 30 feet; 2) the lot width be shown as 100 feet, with the exception of those cul-de-sac lots which could be 85 feet at the building line; 3) the fences shall not extend beyond the platted building line on any lot; 4) the name of Lady Leah Lane shall be known as Sterling Hill Lane; 5) eliminate the alleys; and 6) this property is not served by the City of Coppell wastewater system and must seek annexation to MUD. Councilmember Watson seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stably, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. Consent Agenda Item 21 E was considered at this time. See Item 21 E below for minutes. 11. Consideration and approval of an ordinance for Case #S-1076 to change the zoning designation from LI (Light Industrial) to LI.-S.U.P. (Light Industrial- Special Use Permit), on a parcel of land located along the southeast corner of MacArthur Boulevard and Beltline Road and authorizing the Mayor to sign. Mayor Pro Tem Robertson moved to approve Ordinance No. 91500-A-47 for Case #S-1076 to change the zoning designation from LI (Light Industrial) to LI.-S.U.P. (Light Industrial-Special Use Permit), on a parcel of land located along the southeast corner of MacArthur Boulevard and Beltline Road and authorizing the Mayor to sign. Councilmember Reitman seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stably, Watson, Reitman, Mayo, and Garrison voting in favor of the motion.