CC approval of ORD 5/9/95CITY COUNCIL MEETING:
AGENDA REQUEST FORM
May 9, 1995
ITEM
ITEM CAPTION:
Consideration and approval of an Ordinance for S-1085 (Gloria's
Pizza), to change the zoning from C-S.U.P. (Commercial, Special Use
Permit) to C-S.U.P. (Commercial, Special Use Permit) to allow the
special conditions, for
expansion of the existing restaurant, with
property located at 1086 East Sandy Lake Road, Lot 12, Kimbel
\
Addition, and author is ing _th_e.~, ~ ~-,~.g/]./'~
CiTY CIL
SUBMITTED B
TITLE: ~-~--PIanning & Community Services INITI~S
ST~F CO~ENTS:
This Special Use Permit was approved, with conditions, by the city
Council at its November S, 1994, meeting.
STAFF RECOMMENDATION
EXPLANATION:
Approval ~
Denial
BUDGET AMT. $
FINANCIAL COMMENTS:
FINANCIAL REVIEW:~
Agenda Request Form - Revised 1/94
Put 'goklcnred" paper in printer-
AMT. EST.$
+/- BUD:$
CITY MANAGER REVIEW
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. Q]._~Ot~-~t~- ~0
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 S.U.P." (COMMERCIAL -
SPECIAL USE PERMIT) TO "C S.U.P." (COMMERCIAL - SPECIAL USE
PERMIT) WITH SPECIAL CONDITIONS FOR A RESTAURANT ON
PROPERTY LOCATED ON THE NORTH SIDE OF SANDY LAKE ROAD,
BETWEEN KIMBEL COURT AND MACARTHUR BOULEVARD,
COPPELL, DALLAS COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED AS LOT 12, KIMBEL ADDITION, AN
ADDITION TO THE CITY OF COPPELL, DALLAS COUNTY, TEXAS,
RECORDED IN VOLUME 77213, PAGE 999 OF THE DEED RECORDS OF
DALLAS COUNTY, TEXAS; PROVIDING FOR THE APPROVAL OF THE
SITE PLAN ATTACHED HERETO AS EXHIBIT 'A" AND THE
ARCHITECT'S RENDERING ATTACHED HERETO AS EXHIBIT "B";
PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS 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; 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 ail property owners generally, and to ail 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-1085 should be approved, 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, 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
AGG06ADE
"C S.U.P." (Commercial - Special Use Permit) to "C~S.U.P." (Commercial - Special Use
Permit) with Special Conditions, for a restaurant on property located on the North side of
Sandy Lake Road, between Kimbel Court and MacArthur Boulevard, Coppell, Dallas
County, Texas, and being more particularly described as Lot 12, Kimbel Addition, an
addition to the City of Coppell, Dallas County, Texas, recorded in Volume 77213, Page 999
of the Deed Records of Dallas County, Texas.
SECTION 2. That the change in zoning for a Special Use Permit for the operation
of a restaurant is hereby granted subject to the following conditions:
1. The property shall be developed and used only by Gloria Salerno doing
business as Gloria's Pizza in accordance with the Site Plan attached hereto as
Exhibit "A" and the Architect's Rendering, attached hereto as Exhibit "B"; and
shall not be operated by any other person, partnership, corporation or other
entity.
2. That the Specific Use Permit granted herein is specific to the applicant,
Gloria Salerno doing business as Gloria's Pizza in the location stated herein
and shall not be transferred to any other person or entity or any other
location without the approval of the City of Coppell.
SECTION 3. That the Site Plan as shown in Exhibit "A" and the Architect's
Rendering as shown in Exhibit "B", 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
purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as
AGG06ADE
heretofore amended, and as amended herein.
SECTION 5. That all provisions of the Comprehensive Zoning 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 provisions not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 6. 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. 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. An offense comm/tted before the effective date of this ordinance is
governed by 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. 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.
AGG0~ADE
day of__
DULY PASSED by the City Council of the City of Coppell, Texas, this the
,1995.
APPROVED:
~OM-MORTON, MAYOR
ATTEST:
~Y
APPROVED AS TO FORM:
(PGS/jd 4-17-95)
AGG06ADE
1080 E. Sandy Lake Road
Coppell, Texas
-'leo
-LF'-
Proposed Expansion for
Gloria's Pizza
1080 E. Sandy Lake Road
Coppell, Texas
Chief Phillips updated Council on the wind storm which occurred Sunday, May 7, 1995
producing approximately 70 m.p.h, winds resulting in 33 home damage reports being filed with
approximately $200,000.00 in damages.
CONSENT AGENDA
13. Consider approval of the following consent agenda items:
A. Minutes of: April 18, 1995
April 25, 1995
Be
Consideration and approval of a proclamation naming the week of
May 20-26, 1995 as "National Safe Boating Week," and authorizing the
Mayor to sign.
Ce
Consideration and approval of Proclamation naming Sunday, May 14,
1995 as "Coppell Celebrates Appreciation Day," and authorizing the
Mayor to sign.
De
Consideration and approval of a Resolution of the City of Coppell,
Texas, amending the guidelines and criteria for tax abatement
agreements, providing an effective date, and authorizing the Mayor to
sign.
Ee
Consideration and approval of a Resolution of the City Council
designating a geographical area as an area of high unemployment for
purposes of the Alien Entrepreneur Program authorized by No. 8 Code
of Federal Register, Section 204.6 and authorizing the Mayor to sign.
Fe
Consideration and approval of an Ordinance for PD-132, to change the
zoning from C (Commercial) to PD-SF-9 (Planned Development, Single
Family-9), with special conditions, for property located at the north side
of Denton Creek, along the east and west side of MacArthur Boulevard,
and authorizing the Mayor to sign.
Ge
Consideration and approval of an Ordinance for S-1085 (Gloria's
Pizza), to change the zoning from C-$.U.P. (Commercial, Special Use
Permi0 to C-S.U.P. (Commercial, Special Use Permi0 to allow the
expansion of the existing restaurant, with special conditions, for
property located at 1086 East Sandy Lake Road, Lot 12, Kimbel
Addition, and authorizing the Mayor to sign.
CM050995
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Consideration and approval to award Bid #Q-0395-02, for the
construction and installation of lighting for five (5) athletic fields located
at Pinkerton Elementary School and Coppell Middle School West
Campus, to Dean Electric, Inc. in the amount of $160,000.00.
Item B was pulled for separate consideration.
Item H was pulled from the agenda.
Items A, C, D, E, F, G --
Mayor Pro Tern Robertson moved to approve Consent Agenda Items A, C, D carrying
Resolution 050995.1, E carrying Resolution 050995.2, F carrying Ordinance 91500-A-89, and
G carrying Ordinance No. 91500-A-90. Councilmember Alexander seconded the motion; the
motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges,
Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion.
Item B --
Mayor Morton read the proclamation for the record and presented the Proclamation to Sara Jean
Pfeiffer representing the Il. S. Coast Guard Auxiliary of Lewisville. Councilmember Mayo
moved to approve Consent Agenda Item B. Councilmember Sturges seconded the motion; the
motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges,
Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion.
Item H --
Councilmember Alexander expressed concerns regarding the Joint Use Agreement issues not
addressed. City Manager Jim Witt addressed this issue with Council and indicated that he would
get with Buddy Echols and clarify the issues and bring back to Council at the May 23, 1995 City
Council meeting.
14.
Consideration and approval of a Resolution authorizing the City Manager to
execute agreements, and the Fire Chief to develop a Memorandum of
Understanding, on behalf of the City of Coppell for automatic assistance
between the City of Coppell Fire Department and its neighboring cities, and
authorizing the Mayor to sign.
Clay Phillips, Assistant City Manager/Fire Chief, made a presentation to the Council.
Councilmember Sheehan moved to approve Resolution No. 050995.3 authorizing the City
Manager to execute agreements, and the Fire Chief to develop a Memorandum of
Understanding, on behalf of the City of Coppell for automatic assistance between the City of
Coppell Fire Department and its neighboring cities, and authorizing the Mayor to sign.
CM050995
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