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CC approval of ORD 7/25/95 ~C~~i._a .~ ~ AGENDA REQUEST FORM The Cit~ 'w~t~ ^ ~u'.if~: CITY COUNCIL MEETING: July 25, 1995 ITEM ITEM CAPTION: Consideration and approval of an Ordinance with a special condition for S-1095 (Baskin-Robbins), to change the zoning from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permit) for property located in the Valley Ranch Center at the southeast corner of MacArthur Boulevard and Beltline~Road, a?--au~thorizing the Mayor to APPRp. OvVED , TITLE: uiru~Lor of Planning & Community Services INITIAL~~ STAFF CO~ENTS: This Special Use Permit was approved, with one condition, by the City Council at its June 13, 1995, meeting. STAFF RECOMMENDATION Approval ~ Denial EXPLANATION: BUDGET AMT.$ ~/~ AMT. EST.$ +/- BUD:$ FINANCIAL COMMENTS: FINANCIAL REVIEW:~ CITY MANAGER REVIEW: ~ Agenda Requ~t Form - Revised 1/94 Pat 'go"~nrod' palv:r in prater ~ SUPPORT DOCUMENTATION FOR AGENDA ITEM STAMP RECEIVED BY CITY MANAGER'S OFFICE: SUPPORT DOCUMENTATION SUBMITTED WITH ITEM: NO. OF ORIGINALS REOUIRED MEMOS/LETFERS/REPORTS/BILLS/MINUTE : 1 for a total of pages CONTRACT/AGREEMENT ............ : 3 originals for signature C.I.P. CONTRACT .................. : 6 originals for signature CHANGE ORDERS ................. : 3 originals for signature ORDINANCE ..................... : X 1 blueback for signature -i- 3 copies CAPTION ....................... : X 1 blueback for signature RESOLUTION ..................... : 2 blueback for signature -t- 1 copy PROCLAMATION .................. : 2 blueback for signature -I- 1 BIDS ........................... 1 each SUPPORTING DOCUMENTS (narrative) .... 19 + original (over 10 pages or 5 double sided in length) LOCATION MAPS ................... 14 ZONING PLANS .................... 14 PRELIMINARY/FINAL PLATS ........... 14 SITE PLANS ....................... 14 LANDSCAPE PLANS ................. 14 ARCHITECTURAL RENDERINGS ........ 14 LENGTHY DOCUMENTS .............. 14 (zoning, subdivision ordinance, master plans) DATE PUBLISHED IN THE CITIZENS' ADVOCATE: N/A (to meet legal requirements prior to consideration by council) NOTIFICATION TO: N/A METHOD OF CONTACT: N/A NOTES Agenda Request Distribution - Revised 1194 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 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) FOR AN ICE-CREAM RETAIL ESTABLISHMENT, WITH A SPECIAL CONDITION FOR PROPERTY LOCATED IN THE VALLEY RANCH CENTER AT THE SOUTHEAST CORNER OF MACARTHUR BLVD. AND BELTLINE ROAD, COPPELL, DALLAS COUNTY, TEXAS, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT 'A" ATTACHED HERETO; PROVIDING FOR THE APPROVA~ OF THE SITE PLAN, FLOOR PLAN, ELEVATIONS PLAN, AND EXTERIOR SIGN ELEVATIONS, ATTACHED HERETO AS EXHIBITS 'B', 'C', 'D", AND "E' RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS 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, thc 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-1095 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, bc 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) to allow the operation of an ice-cream retail establishment with a special condition for property located in the Valley Ranch Center located at the southeast corner of MacArthur Blvd. and Beltline Road, Coppell, Dallas County, Texas, 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 for Special Use Permit to allow the operation of an ice-cream retail establishment, is hereby granted subject to the following special condition: 1. The property shall be developed and used only for a retail ice cream establishment in accordance with the Site Plan, Floor Plan, Elevations Plan, and Exterior Sign Elevations, attached hereto as Exhibits "B", "C", "D", and "E", respectively. SECTION 3. That the Site Plan, Floor Plan, Elevations Plan, and Exterior Sign Elevations, as shown in Exhibits "B', 'C~, 'D", and 'E', 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 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. 2 AGG06FnE SECTION 7. An offense committed 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 8. 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 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. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of '.~~_.~ ,1995. APPROVED: MORTON, MAYOR ATFEST: LI~ 'I~E n "i 7 C TARY APPROVED AS TO FORM: PE'~~ S MI~ORNEY (PGS/ct 6-29-95) 3 AGG06F4E EXHIBIT "A" Legal Description That part of Valley Ranch Center identified as Suite 108-A and containing 1300 square feet of interior floor space, said Valley Ranch Center being a multiple-tenant retail building located on one certain tract of land shown on a plat of Valley Ranch Center, a subdivision of the City of Coppell, Texas, as recorded in Volume 88035, Page 1680, of the map records of Dallas County, Texas. rlltlBII "A' ~ I EXHIBIT "C" ~ EXHIBIT "D" · D. Consideration and approval of an Ordinance with a special condition for S-1095 (Baskin-Robbins), to change the zoning from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permi0 for property located in the Valley Ranch Center at the southeast corner of MacArthur Boulevard and Beltline Road, and authorizing the Mayor to sign. E. Consideration and approval of an Ordinance establishing a Municipal Court Building Security Fund. F. Consideration and approval of the temporary closing of Freeport Parkway from Burns Rd. to Southwestern Blvd., for the period of one week, to upgrade the existing timber crossing to a rubberized crossing. G. Consideration and approval of a resolution designating the City Manager to act on behalf of the City of CoppeH with the Texas Parks and Wildlife Deparm~_ ent for the purpose of participating in the Texas Recreation and Parks Account Program; certifying that the City of CoppeH is eligible to receive program assistance; certifying that the City of Coppell's matching share is available; and dedicating the proposed site for permanent public park and recreational uses, and authorizing the Mayor to sign. H. Consideration and approval to award Bid #Q-0695-01, for the purchase of one (1) Ford F1S0 pickup truck, to Arendale Ford in the mount of $13,322.1}0. I. Consideration and approval to award Bid gQ-0695-01, for the purchase of one (1) Ford F450 Super City Cab and Chassis to Park Cities Ford, in the amount of $23,297.10. j. Consideration and approval of the resignation of James Bayne, an Alternate on the Board of Adjustment, effective immediately. Items 8 C & G were pulled for further consideration. Items 8 A, B, D, E, F, H, I and J -- Mayor Pro Tem Robertson moved to approve Consent Agenda Items 8 A, B, D carrying Ordinance No. 91500-A-93, E carrying Ordinance No. 95707, F, H, I and J. Councilmember Mayo seconded the motion; the motion carried 5-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Tunnell, Mayo, and Sheehan voting in favor of the motion. CM0q2595 1)~ 3 or6 WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding the power and duties of the Library and Parks and Recreation Board. B. Staff report regarding John Robinson investigation. C. Review of Agenda Items. REGULAR SESSION (Open to the Public) 4. Reconvene Regular Session. 5. Invocation. Councilmember Sheehan asked those present to bow their heads for a moment of silence. 6. Pledge of Allegiance. Mayor Morton led those present in the Pledge of Allegiance. 7. Citizen's Appearances. A. David McCallum, 316 Parkview Place, representing the Park Meadow Homeowners' Association, addressed the Council concerning the issues of Andrew Brown Park - Fast. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Minutes of: July 11, 19)5. B. Consideration and approval of naming the week of August 7-13, 1995 as MUNICIPAL COURT WEEK IN TEXAS, and authorizing the Mayor to sign. C. Consideration and approval of a Proclamation naming the week of July 24-29 WELCOME WAGON® WEEK, and authorizing the Mayor to sign. CM072~9~ Page 2 of 6