CC approval of ORD-2/8/1994 AGENDA REQUEST FORM
V
CITY COUNCIL ME~G Feb. 8, 1994 ITEM NUMBER
ITEM CAPTION:
To consider 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.
SUBMITTED BY: __ STAFF REP.: Gary I._ ,glob
Director of Planning & Comm. Services
OTHER REP.:
DATE:
EVALUATION OF ITEM:
Date of CC Meeting: December 14, 1993
Decision of CC: Approval (4-3)
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BUDGET AMT. /b~,'~:) AMT. ESTIMATED
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AMT. +/- BUDGET FINANCIAL REVIEW
COMMENTS:
Please see the attached site plan and minutes for further details.
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AGENDA REQU~T FO~ REVISED 2/9~
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. C~/~5't~ ./J- ~:~
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 "C~ COMMERCIAL DISTRICT TO "C"
COMMERCIAL DISTRICT WITH A SPECIAL USE PERMIT WITH
SPECIAL CONDITIONS, TO ALLOW THE OPERATION OF A CAR WASH
TO BE LOCATED ON A 0.989 ACRE TRACT OF l. akND ON THE EAST
SIDE OF DENTON TAP ROAD, 500 FEET SOUTH OF BRAEWOOD
DRIVE, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE
SITE PLAN AS SHOWN IN EXHIBIT "B" ATTACHED HERETO;
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 No. S-1074 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 change in zoning from "C" Commercial to
"C" Commercial with a Special Use Permit with special conditions, to allow the operation
of a car wash to be located on a 0.989 Acre tract of land on the east side of Denton Tap
Road, 500 Feet south of Braewood Drive, 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 car wash is hereby approved subject to the
following special conditions, to wit:
1. The vacuum operation shall be fully enclosed and the sound emanating from
the enclosure due to the operation of the vacuum, measured at the exterior
of the building, shall not exceed fifty-five (55) decibels.
2. The driveway shall contain a divider separating ingressing and egressing
traffic.
3. Additional landscaping to buffer the sound from the adjacent ne/ghborhood
shall be added at the rear of the location.
4. That the Specific Use Permit shall be in accordance with the Site Plan
marked Exhibit "B".
SECTION 3.
That the Site Plan for the Specific Use Permit shown in Exhibit ~B~' a~tached hereto
and made a part hereof for all purposes, is 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' ~.¢f CoppeJ):: :~s
heretofore amended, and as amended herein.
SECTION 5. REPEALING 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.
SECTION 6. SEVERABILITY CLAUSE
That should any sentence, paragraph, subdivision, clause~ pb.~e 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 ~3r te~ms 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, az.
when the offense was committed and the former law is continued in effect for this purpose.
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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
day of ,~J2.c~, 1994.
APPROVED:
"-'~TOM MORTON, MAYOR
ATIIEST:
CITY SECRETARY
APPROVED AS TO FORM:
~R G. ~TrORNEY
4 AGG04FEF
EXHIBIT "A"
BEING a tract of land situated in the Edward A. Crow Survey, Abstract No. 301 in the City
of Coppell, Dallas County, Texas and being more particularly described as follows:
COMMENCING at a point of intersection of the north line of Vanbebber Road (a 50 foot
right-of-way) with the east line of Demon Tap Road (a 100 foot right-of-way); Thence along
the said east line of Denton Tap Road the following courses and distances, N. 48* 31'00" W.,
49.60 feet to the be~nning of a curve to the right having a central angle of 02* 37'00" and
a radius of 5679.70 feet; Thence along said curve 259.39 feet; Thence N. 00' 06'00" E.,
623.40 feet to the POINT OF BEGINNING, a 5" iron rod set for comer;
THENCE N. 00° 02'58" E., 240.00 feet cominuing along the said east line of Denton Tap
Road to a 5" iron rod set for comer on the southwesterly line of a Lone Star Gas Company
right-of-way (a 50 foot wide right-of-way);
THENCE S. 58' 19'18" E., 328.67 feet along the said southwesterly line of the Lone Star
Gas Company right-of-way to a 5" iron rod set for comer, said point being on the west line
of the Second Revised Braewood West Addition, an addition to the City of Coppell as
recorded in Volume 80153, Page 0053 of the Deed Records of Dallas County, Texas;
THENCE S. 00° 36'02" W., 67.64 feet along the said west line of the Second Revised
Braewood West Addition, to a 5" iron rod set. for comer;
THENCE N. 89° 57'02" W., 279.20 feet leaving the said west line of the Second Revised
Braewood West Addition, to the Poim of Beg/nning and containing 0.988 acres (43,025
square feet) of land, save and except 0.054 acres (2,368 square feet) of land in a sidewalk
and utility easemem, leaving a net area of 0.934 acres (40,657 square feet) of land.
EXHIBIT
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SITE PLAN
NORTH ELEVATION
WEST ELEVATION
10. Presentation of the 1993 award winners for the Christmas Spirit Awards
Contest for individual home and neighborhood Christmas light displays.
Kathleen Roach introduced Melinda Surbaugh, Chairperson of thc Christmas Spirit Awards
Committee, to Council. Ms. Surbaugh, representing the Library Board, acknowledged her
committee members: Michael Cogburn, representing thc Coppell Historic Commission; Daniel
Green, representing the Cable Review Board; Shaft Guess, representing the Disciplinary Appeals
Board; Charles "Bill" Markham, representing the Park Board; Ron Pankey, representing the
Economic & Business Development Board; Ronald "Kirk" Wensel, representing the Board of
Adjustment; IXa'ry Wheeler representing the Planning and Zoning Commission, Councilmember
Flo Stahly, Councilmember Peyton Weaver and Kathleen Roach, representing City Staff. The
winning awards were announced as follows: Best Street - First Place, Park Place Subdivision;
Second Place, Oriole Street; Third Place, Dove Circle. Best House - First Place, 410 Glencrest
Circle, William H. Smith, HI; Second Place, 713 Dove Circle, Bruce Dietz; Third Place, 569
Rolling Hills, ~Iohn M. Robinson. Most Original House - 607 St. Andrews, Donna Park. Most
Original Street - Bayou Court (#'s 201,205 and 209), Edward Kennedy, Daniel Halovanic and
Charles Hallam. Most Traditional House - 726 Clayton, Stuart Spradley. Most Traditional
Street - Highland Meadows Subdivision. Most Humorous House - 124 & 128 Meadowglen,
Mike C. Watson and Wil and Melissa Littlefield (joint award). Most Humorous Street -
Villawood Circle. Best Spiritual House - 336 Meadowood, Don Ladusau. Best Spiritual Street -
no award given as theme was not used street-wide. Hall of Fame Award - 603 Havencrest
Lane, Danny Vrla. Honorable Mentions were given to City Hall, Linda Grau, Coordinator; 120
Sandpoint, Steve Watten; 206 Fieldcrest Loop, Larry Wuistinger; 516 Cozby, lames & Rebecc~
Hamilton; Cardinal Street; Havencrest Street; 126 Pecan Hollow, Randy Ewaslm; 582
Shadowcrest, Robert Probert; 220 Steamboat, Lee Waddell; and 217 Coppell Road, Sco{t
Sanders. Mayor Morton thanked City Staff and Linda Grau for organizing the holiday festivities
for the City. No further action was necessary on this item.
11. Presentation of award to the City of Coppefl by Jenny Nelson of the Parkland
Blood Donor Center for the most pints of blood donated by a community in
1991/92 based on blood drives coordinated by Ken Griff'm of the City of
Coppell and Brenda Jones of Riverside Church of Christ.
Jenny Nelson made a presentation of the award to the City. No further action was required on
this item.
12. PUBLIC HEARING: To consider approval of S-1070(R), Special Use Permit
for a drive-through restaurant located near the southwest corner of
MacArthur Boulevard and Beltline Road, at the request of Boston Chicken
(Public Hearing left open from November 9th City Council Meeting).
This Public Hearing remains open from the November 9, 1993 City Council Meeting. Mayor
Morton 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. Again, there were none.
Mayor Morton then closed the Public Hearing. Mayor Pro Tem Robertson moved to deny
S-1070(R), Special Use Permit for a drive-through restaurant located near the southwest comer
of MacArthur Boulevard and Beltline Road. Councilmember Garrison seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Robertson and Couneilmembers Weaver, Stahly,
Watson, Mayo, and Garrison voting in favor of the motion.
13. PUBLIC HEARING: Consideration and approval of S-1074 from C to
C.S.U.P. (The White Glove Express Car Wash), located along the east side of
Denton Tap Road, 500 feet south of Braewood Drive, at the request of Mr.
Lenny Paulsen.
Page 3 of 10
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
119 area residents were present in opposition. Mayor Morton opened the Public Hearing and
:asked for those persons wishing to speak against this proposal. Ed Miller, 237 Glenwood, spoke
in opposition and suggested the installation of a 10-foot wall around the car wash. Kevin
Kofioth, 213 Glenwood, Steve Willenbfiak, 124 Hearthwood, Norma Gaffney, 247 Edgewood,
Casey Chandler, 283 Tealwood Drive, Verne Dooley, 133 Hearthwood Drive, all spoke in
opposition of this proposal. Applicant, Lenny Poulsen, 433 Carter Drive, and his associates,
Ralph Nasca, 1601 Sol Way, Lewisville, and Architect Bob Welty, addressed the Council in
favor of the proposal. The Mayor then asked for those persons wishing to speak in favor of this
proposal. Louis Ferguson, 424 Carter, Joe Orman, Lewisville and Lanny Jackson, 431 Bethel
School Road spoke in favor of this proposal. Mayor Morton then closed the Public Hearing.
After lengthy discussion, Mayor Pro Tem Robenson moved to approve S-1074 from C to
C.S.U.P. (The White Glove Express Car Wash), located along the east side of Denton Tap
Road, 500 feet south of Braewood Drive with the following three (3) conditions: 1) vacuum
operation be fully enclosed and a decibel level be taken prior to commencement of construction
to be on file with the Planning Department and that the decibel reading not be greater than 55
DCB, during full operation of the facility, at the screening wall to be provided by the Applicant
on the east side of the property as shown on the site plan and if the level is above 55 that the
Applicant take necessary precautions; 2) the driveway have a divider for ingressing and
egressing traffic and that the Applicant will agree to make necessary alterations to the median
cut deemed by Engineering; and 3) additional landscaping be added at the rear to buffer the
sound from the adjacent neighborhood subject to she site plan. Couneilmember Garrison
seconded the motion; the motion carried 4-3 with Mayor Pro Tem Robemon and
Councilmembers Watson, and Garrison voting in favor of the motion and Couneilmembers
Weaver, Stably and Mayo voting against the motion. Mayor Morton voted in favor of the
motion breaking the tie vote.
14. PUBLIC HEARING: Consideration and approval of ZC-$.50 (Warren
Crossing Addition) from MF-2 0VIulti-Family) to SF-9 (Single Family), located
at the northwest corner of Beverly Drive and Warren Crossing, at the request
of Winklemann & Associates.
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 ag~finst
this proposal. There were none. He then asked for those persons wishing to speak in favor of
this proposal. Again, there were none. Mayor Morton then closed the Public Hearing. Mayor
Pro Tern Robertson moved to approve ZC-550 (Warren Crossing Addition) from MF-2 (Multi-
family) to SF-9 (Single family), located at the northwest corner of Beverly Drive and Warren
Crossing. Councilmember Garrison seconded the motion; the motion carried 6-0 with Mayor
Pro Tem Robertson and Councilmembers Weaver, Stably, Watson, Mayo, and Garrison voting
in favor of the motion.
15. Consideration and approval of a (Secondary) Final Plat for Warren Crossing
located at the northwest corner of Beverly Drive and Warren Crossing, at the
request of Winklemann & Associates.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Councilmember Mayo moved to approve a (Secondary) Final Plat for Warren Crossing located
at the northwest corner of Beverly Drive and Warren Crossing and accept the following items
offered by the Developer: 1) the drainage easement should be a minimum of 50 feet wide to
allow for a street in the future; 2) all garages must be side entry; and 3) Warren Court should
appear on the face of the plat. Mayor Pro Tem Robertson seconded the motion; the motion
carried 5-1 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stably, Mayo, and
Garrison voting in favor of the motion and Councilmember Watson voting against the motion.
CM121493
Page 4 o fl0
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.
H. 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.
CM020894
Page 6 of 8
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
Beltline 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 carded 7-0 with Mayor Pro Tern 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
$I0,000.00 and authorizing the Mayor to sign, and for Staffto contact Ginn to attempt to recoup
part of this expense. Mayor Pro Tern 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 Tem 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 carded 5-2
with Mayor Pro Tem Robertson and Councilmembers Stahly, Reitman, Mayo, and Garrison
CM020894
Page 7 of 8
voting in favor of the motion and Councilmembers Weaver and Watson 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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