CC approval of ORD-2/8/94~SEN~ AGENDA
~~__~~.C~,^~.'.,MF~. AGENDA REQUEST FORM
CITY COUNCIL MEETING February 8, 1994 ITEM NUMBER
ITEM CAPTION:
Consideration and approval of an ordinance approving S-1072, changing the zoning from LI (Light Industrial)
to LI. S.U.P (Light Industrial, Special Use Permit) for Blooming Colors Landscape Nursery, located along the
south side of Beltline, 1,650 feet east of MacArthur Boulevard, at the request of Barry Johnson, and
authorizing the Mayor to sign.
SUBMITTED BY: STAFF ~P..· '/'
· ¢ir~ctor of Planning & Comm. Services
OTHER ~
DATE:
EVALUATION OF ITEM:
City Council Approval: January 11, 1994
BUDGET AMT. A;///~' AMT. ESTIMATED
AMT. +/- BUDGET FINANCIAL REVIEW BY
COMMENTS: /
DATE ~/?/~/,---- / /
LEG~ REVIEW BY: REVIEWED BY CM~
AGENDA REQU~T FO~ REVISED 2/93
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ~/~%c') -,,~-G~5
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
SPECIAL USE PERMIT WITH SPECIAL CONDITIONS IN AN "LI" LIGHT
INDUSTRIAL DISTRICT, TO ALLOW THE OPERATION OF A
LANDSCAPE NURSERY ON A 2.0 ACRE TRACT OF LAND LOCATED ON
THE SOUTH SIDE OF BELTLINE ROAD, 1,650 FEET EAST OF
MACARTHUR BOULEVARD, AND MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A" ATFACHED HERETO; PROVIDING FOR THE
APPROVAL OF THE SITE PLAN AND EIP~VATIONS MONUMENT PLAN
ATFACHED HERETO AS EXHIBITS "BM AND "C" RESPECTIVELY;
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 thc Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices
by publication and otherwise, and a/-ter 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 No. S-1072 should be granted, and in the exercise of legislative
discretion have concluded that the Comprehensive Zoning Ordinance 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,
duly passed by the governing body of the City of Coppell, Texas, as heretofore amended,
be and the same is hereby amended to grant a Special Use Permit with special condition
in an "LI" Light Industrial District, to allow the operation of a landscape nursery on a 2.0
Acre tract of land located on the south side of Beltline Road, 1,650 Feet east of MacArthur
Boulevard, and being more particularly described in Exhibit "A" attached hereto and made
a part hereof for all purposes.
SECTION 2.
That the Specific Use Permit for a landscape nursery is hereby approved subject to
the following condition, to wit:
1. The Special Use Permit shall be used only in accordance with the Site Plan
and Elevations Monument Plan attached hereto as Exhibits "B" and "C"
respectively.
SECTION 3.
That the Site Plan and the Elevations Monument Plan for the Specific Use Permit
shown in Exhibits "B" and "C' attached hereto and made a part hereof for all purposes are
approved.
SECTION 4. That the above property shall be used only in the manner and for the
purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as
heretofore amended, and as amended herein.
SECTION 5. REPEAI,ING CI~USE
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.
SECTION 6. SEVERABILITY CLAUSE
That should any sentence, paragraph, subdivision, clause, phrase or section of this
2
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 C°ppell, 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 8 ~
day of ~L 1994.
~ O~'~ORTON, MAYOR
3 AGG0509E
ATrEST:
CITY'-S~ECRETARY ~ ~4 s ~ F'.
APPROVED AS TO FORM:
~gr~ ~.~s~m, c~ ^rro~,~¥
AGC~0509E
FIELD NOTE DESCRIPTION
STATE OF TEXAS
COUNTY OF DALLAS
BEING a tract of land situated in the SINGLETON THOMPSON %URVEY,
Abstract No..149,5, City of Coppell, Dallas County, Texas and being
a part of a tract of land conveyed to Triland/Norfhsted Joint
Venture os recorded in Volume 82118, Page 212 in the Dee,; Records
of Dallas County, Texas (DRDCT) and being more particularly
described i os follows:
COMMENCING at the intersection of the easterly right-of-way of
MocArthur Boulevard (110 foot right-of-way) and the southerly
right-of-way of Belt Line Road (120 foot right-of-way);
THENCE along the southerly right-of-way of said Belt Line F'oad,
South 85 ~42',55" East, a distance or 1521.61 feet to a 1/2' iron rod
set for the POINT OF BEGINNING;
THENCE cOntinuing along f.h,e southerly right-of-way of said Belt
Line Road, South 85 42',55 East, o distance of 102.42 feet fo o
1/2" iron rod set;
THENCE departing the southerly right-of-way of sold Belt Li re Road,
due South o distance of 881.00 feet fo a 1/2" iron rod se';
THENCE North 58 05'42" West, a distance of 120.;51 feet to' a 1/2"
iron rod set;
THENCE due North a distance of 825.08 feet to the POINT C.F
BEGINNING;
CONTAINING within these metes and bounds 2.000 acres or 87,124
square feet of land, more or less.
Finance Committee -- Mayor Pro Tern Robertson stated that the Finance Committee had held
two meetings.
CONSENT AGENDA
20. Consider approval of the following consent agenda items:
A. Consider approval of minutes: January 25, 1994
B. Consider approval of a Resolution adopting an order calling an Election
for Municipal Officers to be held Saturday, May 7, 1994 and
authorizing the Mayor to sign.
C. Discussion and consideration of amending the contract with Rady and
Associates for the design of Sandy Lake Road from MacArthur Blvd.
to Denton Tap Road in the amount of $10,000.00 and authorizing the
Mayor to sign.
D. Consideration of an ordinance abandoning a sanitary sewer easement
located in Stonemeade Estates and authorizing the Mayor to sign.
E. Consideration of an ordinance for Case S-1074 to change the zoning
designation from C (Commercial) to C.S.U.P. (Commercial, Special Use
Permit) on a parcel of land located along the east side of Denton Tap
Road, 500 feet south of Braewood Drive, at the request of Mr. Lenny
Poulsen, and authorizing the Mayor to sign.
F. Consideration of an ordinance approving S-1059, changing the zoning
from LI (Light Industrial) to LI.S.U.P. (Light Industrial, Special Use
Permit), for the operation of a Wendy's Restaurant, located near the
southwest corner of MacArthur Boulevard and Beltline Road, at the
request of Prizm Architects, and authorizing the Mayor to sign.
G. Consideration and approval of an ordinance approving S-1072,
changing the zoning from LI (Light Industrial) to LI.S.U.P. (Light
Industrial, Special Use Permit) for Blooming Colors Landscape
Nursery, located along the south side of Beltline, 1650 feet east of
MacArthur Boulevard, at the request of Barry Johnson, and
authorizing the Mayor to sign.
II. Consideration and approval of Waters Edge, Phase 2, Final Plat,
located along the north side of Sandy Lake Road, between MacArthur
Boulevard and Meadowglen Circle, at the request of Kadleck &
Associates.
I. Consideration and approval of Valley Ranch Baptist Church Addition,
final Plat, located along the south side of Beltline, approximately 825
feet cast of MacArthur Boulevard, at the request of Jim Riley,
Brockette-Davis-Drake.
J. Consideration and approval of Valley Ranch Self Storage Addition,
Final Plat, located along the south side of Beltline, 1,320 feet east of
MacArthur Boulevard, at the request of Robert Gross.
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K. Consideration and approval of Blooming Colors Landscape Nursery,
Final Plat, located along the south side of Beltline, 1,650 feet east of
MacArthur Boulevard, at the request of Barry A. Johnson.
L. Consideration and approval of Riverchase Plaza, Final Plat, located
near the northeast corner of Beltline Road and MacArthur Boulevard,
at the request of Riverchase Plaza, Ltd.
M. Consideration of a variance from Section 10-5-2(C) of the City of
Coppell Sign Ordinance regulating spacing and setbacks for detached
(monument) signs, specifically related to the 75-foot minimum side yard
measurement (The variance requested is from 75-foot to 25-foot). This
variance is being requested by Boston Chicken Restaurant for their
property located at the southeast corner of MacArthur Boulevard and
Beitline Road, at the request of Winklemann & Associates, Inc.
N. Consideration of a variance from Section 10-5-2(C) of the City of
Coppell Sign Ordinance regulating spacing and setbacks for detached
(monument) signs. (The variance requested is from 75-foot to 25-foot).
This variance is being requested by Blooming Colors Nursery and
Landscaping, Inc., for their property located at 1701 E. Beltline Road
and a report by the Director of Planning and Community Services.
O. Consideration of waiving permit fees for the erection of a tent at
Rediform to be used at the M.J. Designs Groundbreaking Ceremony.
Items 20 C and H were pulled for later consideration.
Item 20 A through O, except for C and H --
Councilmember Mayo moved to approve Items 20 A, B carrying Resolution No. 020894.3, D
carrying Ordinance No. 94638, E carrying Ordinance No. 91500-A-43, F carrying Ordinance
No. 91500-A-44, G carrying Ordinance No. 91500-A-45, I, J, K, L, M granting a 25-foot
variance, N granting a 25-foot variance and O. Councilmember Weaver seconded the motion;
the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stahly,
Watson, Reitman, Mayo, and Garrison voting in favor of the motion.
Item 20 C --
Councilmember Stahly moved to consider and amend the contract with Rady and Associates for
the design of Sandy Lake Road from MacArthur Blvd. to Denton Tap Road in the amount of
$10,000.00 and authorizing the Mayor to sign, and for Staff to contact Ginn to attempt to recoup
part of this expense. Mayor Pro Tem Robertson seconded the motion; the motion carried 6-1
with Mayor Pro Tem Robertson and Councilmembers Stahly, Watson, Reitman, Mayo, and
Garrison voting in favor of the motion and Councilmember Weaver voting against the motion.
Item 20 H --
After discussion, Mayor Pro Tern Robertson moved to approve Waters Edge, Phase 2, Final
Plat, located along the north side of Sandy Lake Road, between MacArthur Boulevard and
Meadowglen Circle with the following conditions: 1) the alley requirement is waived, 2) street
center line radii may be less than the required minimum and 3) the portion of lot 1 and 2, and
all building lines, lot lines and easements created by the map of Lakeside Village as recorded
in Volume 85816, Page 1670, located within Waters Edge, Phase 2, will be abandoned by the
execution of this plat. Councilmember Reitman seconded the motion; the motion carried 5-2
with Mayor Pro Tern Robertson and Councilmembers Stably, Reitman, Mayo, and Garrison
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Page 7 of 8
voting in favor of the motion and Councilmembers Weaver and V,,'atson voting against the
motion.
There being no further business to come before the City Council, the meeting was adjourned.
Tom Morton, Mayor
ATTEST:
Dorothy Timmons, City Secretary
CM020894
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