CP 2002-10-08
NOTICE OF CITY COUNCIL MEETING AND AGENDA
OCTOBER 8, 2002
CANDY SHEEHAN, DOUG STOVER, Place 5
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4
JAYNE PETERS, Place 2 DAVE HERRING, Place 6
DIANA RAINES, Place 3 BILL YORK, Place 7
JIM WITT, City Manager
MEETING TIME AND PLACE:
Call to Order 5:30 p.m. Council Chambers (Open to the Public)
Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public)
Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public)
Regular Session 7:00 p.m. Council Chambers (Open to the Public)
Notice is hereby given that the City Council of the City of Coppell, Texas will meet
in Regular Called Session on Tuesday, October 8, 2002, at 5:30 p.m. for Executive
Session, Work Session will follow immediately thereafter, and Regular Session will
begin at 7:00 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell,
Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this meeting
may be convened into closed Executive Session for the purpose of seeking
confidential legal advice from the City Attorney on any agenda item listed herein.
The City of Coppell reser ves the right to reconvene, recess or realign the Work
Session or called Executive Session or order of business at any time prior to
adjournment.
The purpose of the meeting is to consider the following items:
ITEM # ITEM DESCRIPTION
REGULAR SESSION (Open to the Public)
1. Call to order.
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ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.074, Texas Government Code - Personnel Matters.
1. City Manager Evaluation.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Procedures for Responsive Economic Development and Council
Appointees.
B. Repor t on Street and Highway Capital Improvements.
C. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Invocation.
5. Pledge of Allegiance.
6. Consider approval of a Proclamation naming the week of October 23
through October 31, 2002 as RED RIBBON WEEK, and authorizing the
Mayor to sign.
7. Citizen's Appearances.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: September 24, 2002
September 30, 2002.
B. Consider approval of an Interlocal Agreement with the Nor th Central
Texas Council of Governments for par ticipation in the Expanded
Regional Storm Water Management Program in a cost share amount
of $2,900, as budgeted; and authorizing the Mayor to sign.
C. Consider approval of an Ordinance amending the Coppell Code of
Ordinances, Chapter 6-2 for Peddlers and Solicitors by providing for
exceptions to the per mit requirements; and authorizing the Mayor to
sign.
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ITEM # ITEM DESCRIPTION
D. Consider approval of an Economic Development Incentive Agreement
between the City of Coppell and Staples Contract and Commercial,
Inc., and authorizing the Mayor to sign.
E. Consider approval of amending and restating the Economic
Development Incentive Agreement between the City of Coppell and
Quill Corporation dated April 9, 1996, and authorizing the Mayor to
sign.
Land Use and Development
F. Consider approval of an Assignment and Assumption of an
Engineering Contract between the City of Coppell, Duke Realty
Ser vices Limited Par tnership, Texas Dugan Limited Par tnership and
Pacheco Koch Consulting Engineers; and authorizing the City
Manager to sign.
G. Consider approval of a Right-of-way Use Agreement between the City
of Coppell and the Coppell First Assembly of God Church to allow
the encroachment of an existing parking lot; and authorizing the City
Manager to sign.
H. Consider approval of an Ordinance for Case No. S-1145R, Siam Thai
Cuisine, zoning change from LI-S-1145 (Light Industrial–Special Use
Permit-1145) to LI-S-1145R (Light Industrial, Special Use Per mit-
1145R), to allow the operation of an approximately 1,241 square-
foot restaurant, with private club, to be located in the Valley Ranch
Center, 820 S. MacAr thur Boulevard, Suite 108B, and authorizing the
Mayor to sign.
I. Consider approval of an Ordinance for Case No. S-1146R, 416 Bethel
Road, zoning change from HO-R-S-1146 (Historic Overlay–Retail-
Special Use Permit-1146) to HO-R-S-1146R (Historic Overlay–Retail-
Special Use Per mit-1146 Revised) to allow the relocation, expansion
and renovation of an existing storage building into a 256 square-foot
office located nor th of the existing building at 416 Bethel Road, and
authorizing the Mayor to sign.
J. Consider approval of an Ordinance for Case No. S-1188R, Pan Acean
Noodle Shop & Grill, zoning change from C-S-1188 (Commercial-
Special Use Permit-1188) to C-S-1188R (Commercial-Special Use
Permit-1188 Revised), to allow an additional attached sign for the
restaurant and private club located in the Coppell Crossing IV
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ITEM # ITEM DESCRIPTION
Shopping Center at 777 S. MacAr thur Blvd., and authorizing the
Mayor to sign.
K. Consider approval of an Ordinance for Case No. S-1198R, Assured
Self Storage, zoning change from LI-S-1198 (Light Industrial-Special
Use Per mit-1198) to LI-S-1198R (Light Industrial-Special Use Per mit-
1198 Revised), to amend the site plan and increase the size of the
mini-warehouse facility with on-premise use (caretakers quar ters) to
approximately 75,000-square feet on 4.83 acres of proper ty located
along the south side of Belt Line Road, approximately 4,100 feet
east of MacAr thur Boulevard, and authorizing the Mayor to sign.
L. Consider approval of an Ordinance for Case No. S-1202, Gateway
Business Park, No. 2, Lot 2R, Block C, zoning change from LI (Light
Industrial) to LI-S-1202 (Light Industrial, Special Use Permit-1202),
to grant a Special Use Per mit to allow for outside petroleum
products storage, to increase the size of Lot 2R to allow a generator
with a screening wall, and to allow construction of 32 additional
parking spaces on 7.613 acres of proper ty located at 555 Dividend
Drive, and authorizing the Mayor to sign.
M. Consider approval of an Ordinance for Case No. ZC-610(CH)/PD-
198, zoning change from C (Commercial) to PD-198-SF-7 (Planned
Development-198-Single-family-7), to recognize existing residential
single-family uses on approximately nine acres of proper ty located
along Bullock and Howell Drives, and authorizing the Mayor to sign.
END OF CONSENT
9. PUBLIC HEARING:
Consider approval of Case No. PD-194R AmberPoint Business Park, zoning
change request from PD-194-LI (Planned Development-194-Light
Industrial) to PD-194R-LI (Planned Development-194 Revised, Light
Industrial) to attach a Detail Site Plan to allow the construction of a
228,250 square-foot office/warehouse with future expansion of 161,750-
square feet, on approximately 18 acres of proper ty located at the
southwest corner of Sandy Lake Road and Nor thpoint Drive.
10. PUBLIC HEARING:
Consider approval of the AmberPoint Business Park, Lots 1A and 1B, Block
A, Replat, to subdivide Lot 1, containing 36.12 acres, into two lots to allow
for the construction of a 228,250 square-foot office/warehouse with future
expansion of an additional 161,750-square feet, on Lot 1A, containing 17.9
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ITEM # ITEM DESCRIPTION
acres of proper ty and a 308,000 square-foot office warehouse on Lot 1B,
containing 18.21 acres of proper ty located at the southwest corner of
Sandy Lake Road and Nor thpoint Drive.
11. PUBLIC HEARING:
Consider approval of the Stratford Manor, Lot 10, Block B, Replat, to revise
the 15-foot building and fence line to a 15-foot building line, allowing the
placement of a fence within 15 feet of the side proper ty line on 0.41 acres
of proper ty located at 638 Stratford Lane.
12. Consider approval of the Coppell First Assembly of God, Site Plan, request
to allow a 1,558 square-foot expansion to the existing 29,488 square-foot
church facilities, and the addition of 24 new parking spaces on 6.03 acres
of proper ty located at 200 S. Hear tz Road.
13. PUBLIC HEARING:
Consider approval of the Coppell First Assembly of God, Replat and Minor
Plat, request to replat Lot 1-A, Block D, of Willowood Addition No. 2
containing approximately 1.9 acres, and a minor plat of approximately
4.13 acres into a 6.03 acre tract of land to allow for 1,558-square feet of
expansion to the existing church facilities and the addition of 24 new
parking spaces at 200 S. Hear tz Road.
14. Consider approval of the Angier’s Professional Building, Site Plan, request
to allow the development of two medical office buildings containing a total
of 12,464-square feet, on 1.44 acres of proper ty located along the south
side of Belt Line Road, approximately 1,700 feet east of MacAr thur
Boulevard.
15. Consider approval of the Sherrill Acres, Lot 2B, Block 1, Final Plat, request
to allow the development of Angier’s Professional Buildings, two medical
office buildings containing a total of 12,464-square feet on 1.44 acres of
proper ty located along the south side of Belt Line Road, approximately
1,700 feet east of MacAr thur Boulevard.
16. Consider approval of the Coppell Pediatric Associates, Site Plan, request to
allow the development of a 4,477 square-foot medical office on 0.638 of an
acre of proper ty located along the south side of Belt Line Road, 1,870 feet
east of MacAr thur Boulevard.
17. Consider approval of the Sherrill Acres, Lot 2A, Block 1, Final Plat, request
to allow the development of a 4,477 square-foot medical office on 0.638 of
an acre of proper ty located along the south side of Belt Line Road, 1,870
feet east of MacAr thur Boulevard.
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ITEM # ITEM DESCRIPTION
18. Necessary action resulting from Work Session.
19. Mayor and Council Repor ts.
A. Repor t by Mayor Sheehan regarding meeting with State Senator
Florence Shapiro.
B. Repor t by Mayor Sheehan regarding Regional Transpor tation Task
Fo r c e .
C. Repor t by Councilmember Tunnell regarding National League of
Cities Community and Economic Development Steering Committee.
D. Repor t by Councilmember Peters regarding TX 21 Quar terly Meeting.
20. Necessary Action Resulting from Executive Session.
Adjournment.
____________________________________
Candy Sheehan, Mayor
CERTIFICATE
I cer tify that the above Notice of Meeting was posted on the bulletin board at the
City Hall of the City of Coppell, Texas on this _________ day of _________________,
2002, at __________________.
____________________________________
Libby Ball, City Secretar y
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE
ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC
DOCUMENTS, COUNCIL PACKETS.
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PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other
designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724
Carrying of a concealed handgun on these premises or at any official political meeting in
the City of Coppell is illegal.
Es ilegal llevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier
junta oficial de politica en la ciudad de Coppell.
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KEY TO COUNCIL GOALS ICONS 2002 - 2003 Economic Development Quality Public Facilities & Infrastructure Hometown Feeling Excellent City Services & High Citizen Satisfaction Quality Development Safe Community Effective Transportation Outstanding Leisure & Recreation Amenities & Programs
DATE: October 8, 2002
ITEM #: ES-2
AGENDA REQUEST FORM
EXECUTIVE SESSION
A. Section 551.074, Texas Government Code - Personnel Matters.
1. City Manager Evaluation.
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork
DATE: October 8, 2002
ITEM #: WS-3
AGENDA REQUEST FORM
WORK SESSION
A. Procedures for Responsive Economic Development and Council Appointees.
B. Report on Street and Highway Capital Improvements.
3. Discussion of Agenda Items.
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork
DEPT: Coppell Police Department
DATE: October 8, 2002
ITEM #: 6
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a Proclamation naming the week of October 23 through October 31, 2002 as RED
RIBBON WEEK, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Along with other Metrocrest Cities, the City of Coppell, through its representatives, participates in the
Metrocrest Red Ribbon Campaign Committee’s efforts to combat alcohol & drug abuse in our communities.
It is our desire to present a uniformed and visible commitment toward a drug-free community especially
during the Texas Red Ribbon Week, October 23 – 31, 2002. The campaign will include all segments of our
community: schools, churches, businesses & industry, media, and City government.
Various activities are planned to focus the attention toward this effort. Members of the Police Department as
well as various school and city officials will attend a Red Ribbon breakfast on October 9th to gear up for the event.
McGruff and Coppell Police Officers will make visits to the elementary schools in Coppell. Red Ribbons will be
distributed and worn to promote the week and all city owned vehicles will display red ribbons.
Therefore, submitted herewith is a proclamation for consideration by City Council to proclaim October 23 –
31, 2002, as RED RIBBON WEEK.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: )rribbon
Proclamation
WHEREAS, tobacco, alcohol, and other drug use has reached epidemic stages in the
United States, with the 15-24 year old age group dying at a rate which is higher than that of any
other age group; and
WHEREAS, in an effort to combat the continuing demand for drugs in our country, it is
imperative that our community launch a visible, unified prevention education effort directed
toward both youth and adult age groups; and
WHEREAS, Texans’ War on Drugs is sponsoring the Red Ribbon Campaign all across
our State during Red Ribbon Week, October 23 through October 31, 2002, to offer Texans the
opportunity to demonstrate their commitment to drug-free lifestyles; and
WHEREAS, individuals and groups in business, government, law enforcement,
education, religious institutions, athletic and service organizations, and others will demonstrate
their commitment to drug-free, healthy lifestyles by wearing and displaying Red Ribbons during
Red Ribbon Week; and
WHEREAS, the Coppell Police Department desires to present a uniformed and visible
commitment toward a drug-free community, particularly during the Texas Red Ribbon Week,
and plan to involve all segments of our community: schools, churches, businesses and industry,
media, and City employees.
NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, do hereby
proclaim the week of October 23 through October 31, 2002 as
“Red Ribbon Week”
in the City of Coppell, Dallas County, Texas. The Mayor and City Council call on all citizens to
join in this worthwhile campaign toward a drug-free community.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of
Coppell to be affixed this ___________ day of October 2002.
____________________________________
Candy Sheehan, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
DATE: October 8, 2002
ITEM #: 7
AGENDA REQUEST FORM
CITIZENS' APPEARANCES
ORDINANCE NO. 2001-964
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND
PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR
CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City
Council Meetings," be, and the same is hereby, amended to read as follows:
"ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
". . .
1-10-6.2.1 CITIZENS APPEARANCE
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign
a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers,
and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting.
Each speaker must state his or her name and address of residence. Presentations by individuals during the
"Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for
an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a
cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who
signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the
provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor,
individual, group or corporation (Charter Article 3, Section 3.12).
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork
DEPT: City Secretary
DATE: October 8, 2002
ITEM #: 8/A
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of minutes: September 24, 2002
September 30, 2002.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: %minutes
CM092402
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MINUTES OF SEPTEMBER 24, 2002
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, September 24, 2002, at 5:30 p.m. in the City Council Chambers of
Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members
were present:
Candy Sheehan, Mayor
Doug Stover, Mayor Pro Tem (late arrival)
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Diana Raines, Councilmember
Marsha Tunnell, Councilmember
Dave Herring, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt, City Secretary Libby Ball and City
Attorney Robert Hager.
REGULAR SESSION (Open to the Public)
1. Call to order.
Mayor Sheehan called the meeting to order, determined that a quorum was
present and convened into Work Session.
WORK SESSION (Open to the Public)
2. Convene Work Session
A. Discussion regarding process of City Manager Evaluation.
B. Creekview Homeowner concerns regarding Erosion.
C. Revisit Council Photos.
D. Discussion of Agenda Items.
RECEPTION FOR BOARD/COMMISSION/COMMITTEE MEMBERS IN
ATRIUM FROM 6:00 PM TO 7:00 PM.
Mayor Pro Tem Stover arrived during the Reception.
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REGULAR SESSION (Open to the Public)
3. Invocation.
Pastor Rod Collver, First Assembly of God Church, led those present in
the Invocation.
4. Pledge of Allegiance.
Mayor Sheehan led those present in the Pledge of Allegiance.
5. Swearing in of newly appointed Board/Commission/Committee
members.
Mayor Sheehan swore in the newly appointed members of the Boards
and Commissions.
6. Presentation of certificates of appreciation to Boy Scouts
completing Eagle Scout projects with the city of Coppell Parks
and Leisure Services Department.
Amanda Vanhoosier, Community Projects Coordinator, and Guy McLain,
Parks Operation Manager, conducted a powerpoint presentation of the
various Eagle Scout projects while Mayor Sheehan presented Certificates
of Appreciation to Jeff Garza, David Harvey, Ryan Harvey, Austin Hill,
Derek Janis, Nick Radcliffe, Richard Shyne.
7. PROCLAMATIONS:
A. Consider approval of a proclamation naming the week of
October 6-12, 2002 as FIRE PREVENTION WEEK, and
authorizing the Mayor to sign.
Presentation:
Mayor Sheehan read the proclamation for the record and presented the
same to Fire Chief Bob Kruse.
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Action:
Councilmember Tunnell moved to approve a proclamation naming the
week of October 6-12, 2002 as FIRE PREVENTION WEEK, and
authorizing the Mayor to sign. Councilmember Peters seconded the
motion; the motion carried 7-0 with Mayor Pro Tem Stover and
Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York
voting in favor of the motion.
B. Consider approval of a proclamation naming the week of
September 23, 2002 as RACE EQUALITY WEEK, and
authorizing the Mayor to sign.
Presentation:
Mayor Sheehan read the proclamation for the record and presented the
same to Kathy Bowling who accepted on behalf of the City of Coppell
Diversity Challengers.
Action:
Mayor Pro Tem Stover moved to approve a proclamation naming the week
of September 23, 2002 as RACE EQUALITY WEEK, and authorizing the
Mayor to sign. Councilmember Raines seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau,
Peters, Raines, Tunnell, Herring and York voting in favor of the motion.
8. Report by Keep Coppell Beautiful Committee.
Tom Guidry, Chair, made the committee's semi-annual report to the
Council.
9. Citizen's Appearances.
No one was signed up to speak under this item.
CONSENT AGENDA
10. Consider approval of the following consent agenda items:
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A. Consider approval of minutes: September 10, 2002.
B. Consider approval of awarding Bid/Contract #Q-0802-01
for a sign lettering machine to Traffic & Parking Control
Company, Inc. (Tapco) in the amount of $51,746.30 as
budgeted in the Traffic Control Division budget.
C. Consider approval of an Ordinance amending the Coppell
Code of Ordinances, Chapter 6-2 for Peddlers and
Solicitors by providing for exceptions to the permit
requirements; and authorizing the Mayor to sign.
Resolutions
D. Consider approval of a resolution approving the formation
of a regional law enforcement mutual aid task force
agreement with other area law enforcement agencies for
the purposes of providing and receiving law enforcement
assistance; and authorizing the Mayor to sign.
Budget Items
E. Consider approval of an Ordinance of the City of Coppell,
Texas, approving an amendment to Ordinance No. 2001-
959, the budget for Fiscal Year October 1, 2001 through
September 30, 2002, and authorizing the Mayor to sign.
Presentation:
Mayor Sheehan advised that Item C would be pulled and would be
brought back to Council at the October 8, 2002 meeting.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A, B,
carrying Ordinance No. 2002-1010, D carrying Resolution No.
2002-0924.1 and E carrying Ordinance No. 2002-1011. Councilmember
Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring
and York voting in favor of the motion.
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11. Consider approval of an ordinance amending the gas franchise
between the city of Coppell and TXU Gas Company, and
authorizing the Mayor to sign.
Presentation:
City Manager Jim Witt made a presentation to Council.
Action:
Councilmember Brancheau moved to approve:
Item 11:
Ordinance No. 2002-1012 amending the gas franchise between the city of
Coppell and TXU Gas Company, and authorizing the Mayor to sign;
Item 12:
Ordinance No. 2002-1013 amending the electric franchise between the
city of Coppell and ONCOR, and authorizing the Mayor to sign; and
Item 13:
A settlement agreement and release with TXU Electric Company and
authorizing the Mayor to sign.
Councilmember Peters seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines,
Tunnell, Herring and York voting in favor of the motion.
12. Consider approval of an ordinance amending the electric
franchise between the city of Coppell and ONCOR, and
authorizing the Mayor to sign.
This item was covered under Item 11. See Item 11 for minutes.
13. Consider approval of a settlement agreement and release with
TXU Electric Company and authorizing the Mayor to sign.
This item was covered under Item 11. See Item 11 for minutes.
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14. Consider an ordinance abandoning a portion of the West Ruby
Road right of way adjacent to Lot 1, Block A of Duke Freeport
Addition, and authorizing the Mayor to sign; and consider a
resolution of the city authorizing the City Manager to execute
the necessary documents for the sale of an irregular piece of
property adjacent to Lot 3, Block A of the Duke Freeport
Addition for the sum of $253,000, and authorizing the Mayor
to sign.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Action:
Councilmember Peters moved to approve Ordinance No. 2002-1014
abandoning a portion of the West Ruby Road right of way adjacent to Lot
1, Block A of Duke Freeport Addition, and authorizing the Mayor to sign;
and Resolution No. 2002-0924.2 authorizing the City Manager to execute
the necessary documents for the sale of an irregular piece of property
adjacent to Lot 3, Block A of the Duke Freeport Addition for the sum of
$253,000, and authorizing the Mayor to sign. Councilmember Tunnell
seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover
and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and
York voting in favor of the motion.
15. Consider approval of an ordinance amending Chapter 3, by
adding Section 3-5-12 to provide for the placement of
commercial roll-off containers on residential lots; providing for
the issuance of a permit; providing for violations; providing for
the establishment of a fee; 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, and authorizing the Mayor to sign.
Action:
Councilmember Tunnell moved to approve Ordinance No. 2002-1015
amending Chapter 3, by adding Section 3-5-12 to provide for the
placement of commercial roll-off containers on residential lots; providing
for the issuance of a permit; providing for violations; providing for the
establishment of a fee; providing a repealing clause; providing a
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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, and authorizing the Mayor to
sign. Mayor Pro Tem Stover seconded the motion; the motion carried 7-0
with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters,
Raines, Tunnell, Herring and York voting in favor of the motion.
16. Necessary action resulting from Work Session.
There was no action necessary under this item.
17. City Manager's Report.
A. Game Field Enforcement.
A. City Manager Jim Witt brought Council up to date on the status of
enforcement of the game fields and indicated that thirteen citations
had been written the preceding weekend.
18. Mayor and Council Reports.
A. Report by Mayor Sheehan regarding Grapevine Stompfest.
B. Report by Mayor Sheehan regarding Homecoming Parade.
C. Report by Mayor Sheehan regarding Red Ribbon Week.
D. Report by Mayor Sheehan regarding Remembering 9/11.
E. Report by Mayor Sheehan regarding Coppell Family Fish.
F. Report by Mayor Sheehan regarding Wildflower Planting.
A. Mayor Sheehan reported that she and Mayor Pro Tem Stover had
attended the Grapevine Stompfest and they won the award for the
"Best Feet."
B. Mayor Sheehan reminded everyone about the Homecoming Parade.
C. Mayor Sheehan advised that the Red Ribbon Breakfast would be
held October 9th at 7:00 a.m. at Brookhaven Country Club and
CISD's new superintendent, Jeff Turner, would be the Master of
Ceremonies.
D. Mayor Sheehan discussed the activities that had been held on
September 11th and shared an award presented to the City by
Mohamed Elmougy on behalf of the Muslim community
commending the City on its proactivity after the September 11,
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2001 events. Mayor Sheehan also read a letter received from
Rajinder Singh Gill thanking the City of Coppell for making them
feel safe after the events of September 11th and giving a donation of
$100 to the city.
E. Mayor Sheehan announced that Coppell Family Fish would be held
on Saturday, September 28th from 10:00 to 1:00.
F. Mayor Sheehan advised there would be a wildflower planting prior
to the Family Fish.
There being no further business to come before the City Council, the meeting
was adjourned.
____________________________________
Candy Sheehan, Mayor
ATTEST:
______________________________________
Libby Ball, City Secretary
CM093002
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MINUTES OF SEPTEMBER 30, 2002
The City Council of the City of Coppell met in Special Called Session on
Monday, September 30, 2002, at 5:30 p.m. in the City Council Chambers of
Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members
were present:
Candy Sheehan, Mayor
Doug Stover, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Diana Raines, Councilmember
Marsha Tunnell, Councilmember
Dave Herring, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt, Deputy City Manager Clay Phillips
and City Attorney David Dodd.
REGULAR SESSION (Open to the Public)
1. Call to order.
Mayor Sheehan called the meeting to order, determined that a quorum was
present and convened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.074(a)(2), Texas Government Code -
Personnel Matters and Section 551.071, Texas
Government Code - Consultation with City Attorney.
1. Action of City Councilmember.
Mayor Sheehan convened into Executive Session at 5:35 p.m. as allowed under
the above-stated article. Mayor Sheehan adjourned the Executive Session at
6:34 p.m. and opened the Regular Session.
City Attorney Robert Hager arrived during Executive Session.
Councilmember Stover exited the meeting after the Executive Session.
CM093002
Page 2 of 2
REGULAR SESSION (Open to the Public)
3. Necessary Action Resulting from Executive Session.
Action:
Councilmember Herring moved to instruct the City Attorney to write a
letter of response to Councilmember York to be approved by the Council
and executed by the Mayor before Friday, October 4, 2002.
Councilmember Brancheau seconded the motion; the motion carried 6-0
with Councilmembers Brancheau, Peters, Raines, Tunnell and Herring
voting in favor of the motion and Councilmember York abstaining from
the vote.
There being no further business to come before the City Council, the meeting
was adjourned.
____________________________________
Candy Sheehan, Mayor
ATTEST:
______________________________________
Libby Ball, City Secretary
DEPT: Engineering
DATE: October 8, 2002
ITEM #: 8/B
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Interlocal Agreement with the North Central Texas Council of Governments for
participation in the Expanded Regional Storm Water Management Program in a cost share amount of $2,900, as
budgeted; and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Approval of this item will allow the continuation of several Storm Water Management programs initiated under
this program such as the Texas SmartScape Program.
Staff recommends approval of the interlocal agreement for participation in the Expanded Regional Storm Water
Management Program in a cost share amount of $2,900. Staff will be available to answer any questions at the
Council meeting.
FINANCIAL COMMENTS:
Funds have been budgeted in the Engineering, Other Professional Services account.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: #eng1-1AR
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works
Date: October 8, 2002
RE: Consider approval of an Interlocal Agreement with the North Central Texas Council
of Governments for participation in the Expanded Regional Storm Water
Management Program in a cost share amount of $2,900, as budgeted; and
authorizing the Mayor to sign.
Five years ago the City of Coppell entered into the original Storm Water Management Program with
the North Central Texas Council of Government. The Storm Water Management Program is focused
on addressing storm water quality issues and in assisting communities in obtaining compliance with
Phases I and II permitting requirements. The City of Coppell is required to have its Phase II
permitting requirements in place by March 10, 2003. One of the highly successful programs over the
last five years is the Texas SmartScape CD project. Attached to this agenda item is a more detailed
accounting of accomplishments to date for the Regional Storm Water Management Program.
Continuation of this program with the North Central Texas Council of Governments will allow the
City of Coppell to obtain available information and assistance from the North Central Texas Council of
Government employees as we draft our Storm Water Management Program for compliance with the
Phase II requirements.
Staff recommends approval of the interlocal agreement with the North Central Texas Council of
Governments for participation in the Expanded Regional Storm Water Management Program in a cost
share amount of $2,900 and will be available to answer questions at the Council meeting.
DEPT: City Manager
DATE: October 8. 2002
ITEM #: 8/C
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of an Ordinance amending the Coppell Code of Ordinances, Chapter 6-2 for
Peddlers and Solicitors by providing for exceptions to the permit requirements; and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: !Solicitors
1 50712
ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE
CODE OF ORDINANCES BY AMENDING CHAPTER 6, ARTICLE 6-2
FOR PEDDLERS AND SOLICITORS BY AMENDING SECTION 6-2-2, TO
DELETE CANVASS; BY AMENDING SECTION 6-2-5 TO PROVIDE FOR
EXEMPTIONS TO THE PERMIT REQUIREMENTS PROVIDED IN
SECTIONS 6-2-2 THROUGH 6-2-8; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE;
AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1.That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 6, Article 6-2, Section 6-2-2 to read as follows:
"Sec. 6-2-2. Permit; registration required.
No person, directly or through an agent, shall solicit in person from house-to-house
in the city to sell or attempt to sell goods, merchandise, wares, services, or anything of value
or to take or attempt to take orders for the future delivery of goods, merchandise, wares, or
any personal property of any nature whatsoever, or take or attempt to take orders for
services to be furnished or performed in the future, without first having obtained a written
permit, or to solicit funds for charitable purposes without first having registered with the
city."
SECTION 2.That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 6, Article 6-2, Section 6-2-5 to read as follows:
"Sec. 6-2-5. Exemptions.
The provisions of Sections 6-2-2 through 6-2-8, of this Article, concerning
registration and permitting do not apply to public utility companies . . . and others licensed
by the state."
2 50712
SECTION 3.That all provisions of the Code 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 4.That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be 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 Code of Ordinances as a whole.
SECTION 5. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 6.That any person, firm or corporation violating any of the provisions or terms
of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a
misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be
subject to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense, and
each and every day such violation is continued shall be deemed to constitute a separate offense.
SECTION 7.That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and charter in such cases provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2002.
APPROVED:
_________________________________________
CANDY SHEEHAN, MAYOR
3 50712
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 09/30/02)
DEPT: Planning
DATE: October 8, 2002
ITEM #: 8/D
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of an Economic Development Incentive Agreement between the City of
Coppell and Staples Contract and Commercial, Inc., and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY: This proposed agreement is part of an economic development incentive package
being offered to Staples for constructing and relocating into a new facility within the City of Coppell. This
proposed agreement provides Staples with an annual sales tax rebate program, as well as, the waiver of building
construction fees not to exceed $100,000. A separate agreement, the property tax abatement agreement, will come
forward at the October 22, 2002 City Council meeting, after the legal notification requirements have been satisfied.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: $Staples-1Agenda Request
DRAFT
October 2, 2002
STAPLES ECONOMIC DEVELOPMENT INCENTIVE - Page 1 43772
STATE OF TEXAS §
§ ECONOMIC DEVELOPMENT INCENTIVE
§ AGREEMENT
COUNTY OF DALLAS §
This Economic Development Incentive Agreement (“Agreement”) is made by and among
the City of Coppell, Texas (the “City”), Coppell Mill Limited Partnership (the “Owner”); and
Staples Contract & Commercial, Inc. (“Company”), acting by and through their respective
authorized officers.
WITNESSETH:
WHEREAS, Owner is the owner or is under contract to purchase the land described in
Exhibit “A” (the “Land”) and to purchase the land and certain improvements to be constructed
on the land (“Improvements”) from Amberpoint at Coppell LLC (“Amberpoint”); and
WHEREAS, Company is or will be the lessee or is under Contract to lease the
Improvements from Owner; and
WHEREAS, Company intends to relocate its existing business operations in its existing
facility located in Coppell, Texas (the “Fulfillment Center”) and relocate the same to the
Improvements; and
WHEREAS, the Company has advised the City that a contributing factor that would
induce the Company to relocate the Fulfillment Center to the Improvements would be an
agreement by the City to provide an economic development grant to the Company to defray a
portion of the cost of such renovation; and
WHEREAS, the City has adopted programs for promoting economic development; and
WHEREAS, the City is authorized by TEX. LOC. GOV’T CODE §380.001 to provide
economic development grants to promote local economic development and to stimulate business
and commercial activity in the City; and
WHEREAS, the City has determined that making an economic development grant to the
Company in accordance with this Agreement will further the objectives of the City, will benefit
the City and the City’s inhabitants and will promote local economic development and stimulate
business and commercial activity in the City;
NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions
hereinafter set forth, the parties agree as follows:
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October 2, 2002
STAPLES ECONOMIC DEVELOPMENT INCENTIVE - Page 2 43772
ARTICLE I
TERM
1. This Agreement shall be effective on the last date of execution hereof (“Effective
Date”) and shall continue for a period of twenty (20) years commencing on January 1 of the
calendar year immediately following the date a final certificate of occupancy is issued for the
Company’s occupancy of the Improvements (the “Commencement Date”), unless sooner
terminated as provided herein.
ARTICLE II
DEFINITIONS
2. Wherever used in this Agreement, the following terms shall have the meanings
ascribed to them:
(a) “Annual Grant Payment Date” shall mean the date on which the Annual
Sales Tax Grants provided herein shall be paid.
(b) “Annual Sales Tax Grants” shall mean the Annual Sales Tax Grant to be paid
the Company from lawful available funds.
(c) “City” shall mean the City of Coppell, Texas.
(d) “Commencement of Construction” shall mean that (i) the plans have been
prepared and all approvals thereof from the Improvements required by applicable
governmental authorities have been obtained; and (ii) all necessary permits for
construction of the Improvements pursuant to the respective plans therefore having been
issued by all applicable governmental authorities.
(e) “Company” shall mean the Staples Contract & Commercial, Inc.
(f) “Completion of Construction” shall mean that (i) the Improvements have
been substantially completed, (ii) a certificate of substantial completion has been issued
by the general contractor(s) and architect(s) for the Improvements, and a copy of such
certificate has been delivered to City, (iii) a final, permanent certificate(s) of occupancy
for Company’s occupancy of the Improvements has been issued; and (iv) the
Improvements are fully operational and open for business to the general public.
(g) “State of Texas” shall mean the office of the Texas Comptroller, or its
successor.
(h) “Event of Bankruptcy or Insolvency” shall mean the dissolution or
termination of a party’s existence as a going business, insolvency, appointment of
receiver for any part of such party’s property and such appointment is not terminated
within ninety (90) days after such appointment is initially made, any general assignment
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October 2, 2002
STAPLES ECONOMIC DEVELOPMENT INCENTIVE - Page 3 43772
for the benefit of creditors, or the commencement of any proceeding under any
bankruptcy or insolvency laws by or against such party and such proceeding is not
dismissed within ninety (90) days after the filing thereof.
(i) “Force Majeure” shall mean any contingency or cause beyond the reasonable
control of a party including, without limitation, acts of God or the public enemy, war, riot,
civil commotion, insurrection, government or de facto governmental action (unless caused
by the intentionally wrongful acts or omissions of the party), fires, explosions or floods,
strikes, slowdowns or work stoppages.
(j) “Grant Year” shall mean the first full calendar year immediately following
the date of issuance of the final certificate of occupancy for Company’s occupancy of the
Improvements, and each successive calendar year thereafter during the term hereof. For
example, if the final certificate of occupancy is issued August 1, 2003 then the first Grant
Year shall be from January 1, 2004 through and including December 31, 2004.
(k) “Improvements” shall mean a office/warehouse/distribution facility on the
Land containing initially at least 228,250 square feet of space and other ancillary facilities
such as required parking and landscaping more fully described in the submittals filed by
Company and/or Amberpoint with the City in order to obtain a building permit(s) from time
to time. Thereafter Improvements shall also include any additions, expansions or other
improvements constructed on the Land.
(l) “Impositions” shall mean all taxes, assessments, use and occupancy taxes,
charges, excises, license and permit fees, and other charges by public or governmental
authority, general and special, ordinary and extraordinary, foreseen and unforeseen,
which are or may be assessed, charged, levied, or imposed by any public or governmental
authority on the Company and/or Owner or any property or any business owned by
Company and/or Owner within the City.
(m) “Land” shall mean the real property described in Exhibit A.
(n) “Owner” shall mean Coppell Mill Limited Partnership.
(o) “Sales Tax Receipts” shall mean the City’s receipts from the State of
Texas from the collection of the City’s one percent (1%) sales and use tax imposed by the
City pursuant to Chapter 321 of the Texas Tax Code (it being expressly understood that
the City’s sales and use tax receipts are being used only as a measurement for its
participation through the use of general funds), attributed to the collection of the City’s
one percent (1%) sales and use tax by Company as a result of sale of Taxable Items by
Company consummated at the Improvements. Sales Tax Receipts does not include any
sales and use tax imposed by City for the benefit of the Coppell Recreation Development
Corporation, pursuant to Section 4B of the Development Corporation Act of 1979, article
5190.6 Tex. Dev. Civ. Stat., or sales and use tax imposed by the City for the benefit of
DRAFT
October 2, 2002
STAPLES ECONOMIC DEVELOPMENT INCENTIVE - Page 4 43772
Coppell Education Development Corporation pursuant to Chapter 379 A of the TEX. LOC.
GOV’T CODE.
(p) “Sales Tax Certificate” shall mean a certificate or other statement in a
form reasonably acceptable to the City setting forth the Company’s collection of the
City’s one percent (1%) sales and use tax imposed by the City and received by the City
from the State of Texas for the sale of Taxable Items by Company consummated at the
Improvements for the previous calendar year which are to be used to determine
Company’s eligibility for an Annual Sales Tax Grant, together with such supporting
documentation required herein, and as City may reasonably request.
(q) “Taxable Items” shall have the same meaning assigned by Chapter 151,
TEX. TAX CODE, as amended.
(r) “Property” shall collectively mean the Land and the Improvements
following Completion of Construction.
(s) “Required Use” shall mean the continuous ownership or lease, and
continuous operation of the Improvements engaged in the sale of office supplies and
equipment and related merchandise to the public.
ARTICLE III
ECONOMIC DEVELOPMENT GRANT
3.1 Sales Tax Grant. Subject to the Company’s Required Use and continued
satisfaction of all the terms and conditions of this Agreement, the City agrees to provide
Company with annual economic development grants (“Annual Sales Tax Grants”) from lawfully
available funds. The Annual Sales Tax Grants shall be in an amount equal to a percentage of the
Sales Tax Receipts in accordance with the following schedule:
Grant Year Grant Amount
1-5 75% of Sales Tax Receipts
6-10 60% of Sales Tax Receipts
11-20 60% of Sales Tax Receipts (If Company owns Improvements)
In the event Company does not own fee simple title to the Property during term years 11-20 but
rather leases the Property from a third party the Annual Sales Tax Grants shall be in accordance
with the following schedule:
Grant Year Grant Amount
11-20 50% of Sales Tax Receipts
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October 2, 2002
STAPLES ECONOMIC DEVELOPMENT INCENTIVE - Page 5 43772
3.2 Annual Payment Date. The Annual Sales Tax Grants shall be paid on April 1 of
each calendar year this Agreement is in effect beginning on April 1, of the calendar year
immediately following the first Grant Year (the “Annual Grant Payment Date”). For example, if
the final certificate of occupancy for Company’s occupancy of the Improvements is issued
August 1, 2003, the first Grant Year shall be from January 1, 2004 through and including
December 31, 2004, and the first Annual Sales Tax Grant Payment Date would be April 1, 2005.
3.3 Current Revenue. The City’s obligations each Grant Year shall be payable from
current revenue, and under no circumstances shall the City’s obligation hereunder be deemed to
create any debt within the meaning of any provision of the Texas Constitution or statute. The
Annual Sales Tax Grants shall be paid from lawfully available funds that have been appropriated
by the City. Further, City shall not be obligated to pay any commercial bank, lender or similar
institution for any loan or credit agreement made by the Company. None of the City’s
obligations under this Agreement shall be pledged or otherwise encumbered in favor of any
commercial lender and/or similar financial institution.
3.4 Grant Limitation. Under no circumstances shall City be obligated to pay any
Annual Sales Tax Grant unless there is available Sales Tax Receipts. City shall not be required
to provide any Annual Sales Tax Grant during the term of this Agreement for which City has not
received the Sales Tax Receipts from the State of Texas for such Grant Year attributed to sales
and are tax paid as a result of the sale of a Taxable Item by Company consummated at the
Improvements.
3.5 Building Permit Fees. The City agrees to waive building permit and
development permit fees (excluding impact fees) associated with construction of the
Improvements by Company not to exceed One Hundred Thousand Dollars ($100,000).
ARTICLE IV
CONDITIONS TO ANNUAL GRANTS
Company shall during the term of this Agreement strictly comply and satisfy each of the
following conditions.
4.1 Improvements. The Company Owner agrees to enter into an agreement with
Amberpoint for the construction the Improvements, and for the purchase of the Land and
Improvements upon Completion of Construction. Company Owner shall cause Commencement
of Construction of the Improvements to occur on or before December 31, 2002 and subject to
events of Force Majeure to cause Completion of Construction to occur on or before December
31, 2003. Company agrees to lease the Improvements and occupy the Improvements on or
before December 31, 2003.
4.2 Sales Tax Certificate. Beginning February 1 of the calendar year immediately
following the first Grant Year and continuing on February 1 of each calendar year thereafter
during the term of this Agreement, the Company shall provide the City with a Sales Tax
Certificate. For example if the final certificate of occupancy for Company’s occupancy of the
DRAFT
October 2, 2002
STAPLES ECONOMIC DEVELOPMENT INCENTIVE - Page 6 43772
Improvements is issued August 1, 2003 the first Grant Year shall be from January 1, 2004
through and including December 31, 2004, and the Sales Tax Certificate is due February 1, 2005.
The City shall have no duty to calculate the Sales Tax Receipts or determine Company’s
entitlement to any Annual Sales Tax Grant, or pay any Annual Sales Tax Grant during the term
of this Agreement until such time as Company has provided the City a Sales Tax Certificate for
the applicable Grant Year. The City may but is not required to provide Company with a form for
the Sales Tax Certificate required herein. At the request of the City, the Company shall provide
such additional documentation as may be reasonably requested by City to evidence, support and
establish the sales and use tax paid and collected (including sales and use tax paid directly to the
State of Texas pursuant to a direct payment permit) by Company for the sale of Taxable Items by
Company consummated at the Improvements and received by City from the State of Texas. The
Sales Tax Certificate shall at a minimum contain, include or be accompanied by the following:
a. A schedule detailing the amount of the City’s one percent (1%) sales and use tax
collected and paid to the State of Texas as a result of the sale of Taxable Items by
Company consummated at the Improvements for the previous calendar year;
b. A copy of all sales and use tax returns and reports, sales and use tax prepayment
returns, direct payment permits and reports, including amended sales and use tax
returns or reports, filed by Company for the previous calendar year showing the
City’s one percent (1%) sales and use tax collected (including sales and use tax
paid directly to the State of Texas pursuant to a direct payment certificate) by
Company for the sale of Taxable Items consummated at the Improvements;
c. A copy of all direct payment and self-assessment returns, including amended
returns, filed by Company for the previous calendar year showing the City’s one
percent (1%) sales and use tax paid for the sale of Taxable Items by Company
consummated at the Improvements;
d. Information concerning any refund or credit received by Company of the City’s
one percent (1%) sales or use taxes paid or collected by Company (including any
sales and use tax paid directly to the State of Texas pursuant to a direct payment
permit) which has previously been reported by Company as sales and use tax paid
or collected; and
e. A schedule detailing the total sales of Taxable Items by Company consummated
at the Improvements for the previous calendar year.
City agrees to the extent allowed by law to maintain the confidentiality of the Sales Tax
Certificate.
4.03 As a condition to the payment of any Annual Sales Tax Grant hereunder, City
shall have received a Sales Tax Certificate for the Grant Year for which payment of a Sales Tax
Grant is requested.
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STAPLES ECONOMIC DEVELOPMENT INCENTIVE - Page 7 43772
4.04 During the term of this Agreement following the issuance of a final certificate of
occupancy for Company’s occupancy of the Improvements and continuing thereafter until
termination of this Agreement the Company agrees to continuously occupy and operate the
Improvements and that the Property shall not be used for any purpose other than the Required Use
and that that the Company shall not allow the operation of the Improvements in conformance with
the Require Use to cease for more than thirty (30) days except in connection with, and to the extent
of an Event of Force Majeure or casualty.
4.05 Owner shall cause Commencement of Construction of the Improvements to occur
on or before December 31, 2002 and subject to an event of Force Majeure to cause Completion
of Construction to occur on or before December 31, 2003.
4.06 Company and/or Owner shall not have an uncured breach or default of this
Agreement.
4.07 Company shall continuously own or lease, and continuously occupy the Property.
ARTICLE V
TERMINATION
5.1 This Agreement shall terminate upon any one of the following:
(a) by written agreement of the parties;
(b) expiration of the Term;
(c) by either party in the event the other party breaches any of the terms or
conditions of this Agreement and such breach is not cured within sixty
(60) days after written notice thereof; provided however if the breach cannot
be cured within a sixty (60) day period, and the breaching party has diligently
pursued such remedies as shall be reasonably necessary to cure such breach,
the City shall extend the period in which the breach must be cured for an
additional thirty (30) days;
(d) by City, if Company and/or Owner suffers an Event of Bankruptcy or
Insolvency;
(e) by City, if any Impositions owed to the City or the State of Texas by
Company and/or Owner shall become delinquent (provided, however the
Company retains the right to timely and properly protest and contest any such
Impositions); and
(f) by City, if Company and/or Owner is in default of that certain Tax
Abatement Agreement by and among the Owner, Company and City for the
Improvements and tangible personal property located therein, of even date
herewith.
ARTICLE VI
MISCELLANEOUS
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STAPLES ECONOMIC DEVELOPMENT INCENTIVE - Page 8 43772
6.01 Binding Agreement. The terms and conditions of this Agreement are binding
upon the successors and permitted assigns of the parties hereto. This Agreement may not be
assigned without the express written consent of the City Manager.
6.02 Limitation on Liability. It is understood and agreed between the parties that the
Owner and Company, in satisfying the conditions of this Agreement, have acted independently,
and the City assumes no responsibilities or liabilities to third parties in connection with these
actions. The Owner and Company agree to indemnify and hold harmless the City from all such
claims, suits, and causes of actions, liabilities and expenses, including reasonable attorney’s fees,
of any nature whatsoever by a third party arising out of the Owner’s and Company’s
performance of the conditions under this Agreement.
6.03 No Joint Venture. It is acknowledged and agreed by the parties that the terms
hereof are not intended to and shall not be deemed to create a partnership or joint venture among
the parties.
6.04 Authorization. Each party represents that it has full capacity and authority to
grant all rights and assume all obligations that are granted and assumed under this Agreement.
6.05 Notice. Any notice required or permitted to be delivered hereunder shall be
deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified
mail, return receipt requested, or by nationally recognized overnight delivery service addressed
to the party at the address set forth below or on the day actually received if sent by courier or
otherwise hand delivered.
If intended for City, to: with copy to:
Attn: City Manager Peter G. Smith
City of Coppell, Texas Nichols, Jackson, Dillard
255 Parkway Boulevard Hager & Smith, L.L.P.
P.O. Box 9478 1800 Lincoln Plaza
Coppell, Texas 75019 500 North Akard
Dallas, Texas 75201
If intended for the Owner:
Coppell Mill Limited Partnership
c/o Staples Contract & Commercial, Inc.
500 Staples Drive
Framingham, MA 01702
Attn: Legal Department
Ref: Coppell, Texas (Non-retail)
If intended for the Company:
DRAFT
October 2, 2002
STAPLES ECONOMIC DEVELOPMENT INCENTIVE - Page 9 43772
Staples Contract & Commercial, Inc.
500 Staples Drive
Framingham, MA 01702
Attn: Legal Department
Ref: Coppell, Texas (Non-retail)
6.06 Entire Agreement. This Agreement is the entire Agreement between the parties
with respect to the subject matter covered in this Agreement. There is no other collateral oral or
written Agreement between the parties that in any manner relates to the subject matter of this
Agreement, except as provided in any Exhibits attached hereto.
6.07 Governing Law. The Agreement shall be governed by the laws of the State of
Texas; and venue for any action concerning this Agreement shall be in the State District Court of
Dallas County, Texas.
6.08 Amendment. This Agreement may only be amended by the mutual written
agreement of the parties.
6.09 Legal Construction. In the event any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention
of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or
unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable
and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable.
6.10 Recitals. The recitals to this Agreement are incorporated herein.
6.11 Counterparts. This Agreement may be executed in counterparts. Each of the
counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one
and the same instrument.
6.12 Exhibits. All exhibits to this Agreement are incorporated herein by reference for
all purposes wherever reference is made to the same.
6.13 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period
of time following the termination of this Agreement shall survive termination.
6.14 Successors and Assigns. This Agreement may not be assigned by the Company
without the prior written consent of the City Manager.
6.15 This Agreement is expressly subject to each of the following: (i) the Completion
of Construction of the Improvements; (ii) Owner closing its purchase of the Improvements and
the Land; and (iii) Company leasing the Improvements. Owner shall provide City written
evidence reasonably satisfactory to the City that Owner has closed its purchase of the Land and
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STAPLES ECONOMIC DEVELOPMENT INCENTIVE - Page 10 43772
Improvements. Company shall provide City written evidence reasonably satisfactory to the City
that Company has leased the Improvements.
EXECUTED on this _______ day of _____________________, 2002.
CITY OF COPPELL, TEXAS
By:
CANDY SHEEHAN, MAYOR
ATTEST:
By:
CITY SECRETARY
APPROVED AS TO FORM:
By:
CITY ATTORNEY
(Ed. 10/02/02)
DRAFT
October 2, 2002
STAPLES ECONOMIC DEVELOPMENT INCENTIVE - Page 11 43772
EXECUTED this the _________ day of ______________________, 2002.
STAPLES CONTRACT & COMMERCIAL,
INC.
By: _______________________________________
Name: _____________________________________
Title: ______________________________________
EXECUTED this the _________ day of ______________________, 2002.
COPPELL MILL LIMITED PARTNERSHIP
By: _______________________________________
Name: _____________________________________
Title: ______________________________________
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STAPLES ECONOMIC DEVELOPMENT INCENTIVE - Page 12 43772
CITY’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2002, by Candy Sheehan, being Mayor of the City of Coppell, Texas, a Texas municipality, on
behalf of said municipality.
Notary Public, State of Texas
My Commission expires:
COMPANY’S ACKNOWLEDGMENT
STATE OF MASSACHUSETTS §
§
COUNTY OF MIDDLESEX §
This instrument was acknowledged before me on the _______ day of ___________,
2002, by _____________________ of _____________________, Staples Contract &
Commercial, Inc., on behalf of said corporation.
Notary Public, State of Massachusetts
My Commission expires:
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STAPLES ECONOMIC DEVELOPMENT INCENTIVE - Page 13 43772
OWNER’S ACKNOWLEDGMENT
STATE OF ______________ §
§
COUNTY OF _____________ §
This instrument was acknowledged before me on the _______ day of ___________,
2002, by _____________________ of _____________________, Coppell Mill Limited
Partnership, on behalf of said partnership.
Notary Public, State of _________________
My Commission expires:
DRAFT
October 2, 2002
EXHIBIT “A”
LEGAL DESCRIPTION OF LAND
DEPT: Planning
DATE: October 8, 2002
ITEM #: 8/E
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of amending and restating the Economic Development Incentive
Agreement between the City of Coppell and Quill Corporation dated April 9, 1996, and authorizing the Mayor to
sign.
GOAL(S):
EXECUTIVE SUMMARY: This proposed amendment is due to the fact Quill Corporation is owned by Staples,
and Quill is scheduled to relocate into the new facility along with Staples. The City currently has a sales tax rebate
agreement with Quill Corporation dated April 9, 1996. However, the terms of the existing agreement with Quill
conflicts with the sales tax rebate incentive currently being considered for Staples. This proposed amendment
would provide the same sales tax rebate terms to Quill Corporation (an affiliated company of Staples) as the
proposed Staples incentive agreement. The proposed agreement with Staples must be accepted in order for this
amendment to be offered to Quill Corporation. This proposed amendment to the existing Quill Corporation
Economic Development Incentive Agreement would only become effective after the completion and final
certificate of occupancy of the new facility.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: $Quill-1Agenda Request
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October 2, 2002
AMENDED & RESTATED ECONOMIC DEVELOPMENT INCENTIVE - Page 1 51014
STATE OF TEXAS §
§ AMENDED & RESTATED ECONOMIC
§ DEVELOPMENT INCENTIVE AGREEMENT
COUNTY OF DALLAS §
This Economic Development Incentive Agreement (“Agreement”) is made by and among
the City of Coppell, Texas (the “City”), and Quill Corporation (“Company”), acting by and through
their respective authorized officers.
WITNESSETH:
WHEREAS, Company and City previously entered into that certain Economic
Development Incentive Agreement dated April 1996, (the “Original Agreement”); and
WHEREAS, Company intends to relocate its existing business operations in its
Southwest Regional Distribution Center located in Coppell, Texas (the “Existing Facility”) and
relocate the same to the Improvements (hereinafter defined); and
WHEREAS, the parties desire to amend and restate the Original Agreement contingent
on the Company’s relocation of the Existing Facility to the Improvements; and
WHEREAS, the Company has advised the City that a contributing factor that would
induce the Company to relocate from the Existing Facility to the Improvements would be an
agreement by the City to provide an economic development grant to the Company to defray a
portion of the cost of such renovation; and
WHEREAS, the City has adopted programs for promoting economic development; and
WHEREAS, the City is authorized by TEX. LOC. GOV’T CODE §380.001 to provide
economic development grants to promote local economic development and to stimulate business
and commercial activity in the City; and
WHEREAS, the City has determined that making an economic development grant to the
Company in accordance with this Agreement will further the objectives of the City, will benefit
the City and the City’s inhabitants and will promote local economic development and stimulate
business and commercial activity in the City;
NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions
hereinafter set forth, the parties agree as follows:
ARTICLE I
TERM
1. This Agreement shall be effective on the last date of execution hereof (“Effective
Date”) and shall continue for a period of twenty (20) years commencing on January 1 of the
calendar year immediately following the date a final certificate of occupancy is issued for the
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AMENDED & RESTATED ECONOMIC DEVELOPMENT INCENTIVE - Page 2 51014
Company’s occupancy of the Improvements (the “Commencement Date”), unless sooner
terminated as provided herein.
ARTICLE II
DEFINITIONS
2. Wherever used in this Agreement, the following terms shall have the meanings
ascribed to them:
(a) “Annual Grant Payment Date” shall mean the date on which the Annual
Sales Tax Grants provided herein shall be paid.
(b) “Annual Sales Tax Grants” shall mean the Annual Sales Tax Grant to be paid
the Company from lawful available funds.
(c) “City” shall mean the City of Coppell, Texas.
(d) “Company” shall mean the Quill Corporation.
(e) “State of Texas” shall mean the office of the Texas Comptroller, or its
successor.
(f) “Event of Bankruptcy or Insolvency” shall mean the dissolution or
termination of a party’s existence as a going business, insolvency, appointment of
receiver for any part of such party’s property and such appointment is not terminated
within ninety (90) days after such appointment is initially made, any general assignment
for the benefit of creditors, or the commencement of any proceeding under any
bankruptcy or insolvency laws by or against such party and such proceeding is not
dismissed within ninety (90) days after the filing thereof.
(g) “Force Majeure” shall mean any contingency or cause beyond the reasonable
control of a party including, without limitation, acts of God or the public enemy, war, riot,
civil commotion, insurrection, government or de facto governmental action (unless caused
by the intentionally wrongful acts or omissions of the party), fires, explosions or floods,
strikes, slowdowns or work stoppages.
(h) “Grant Year” shall mean the first full calendar year immediately following
the date of issuance of the final certificate of occupancy for Company’s occupancy of the
Improvements, and each successive calendar year thereafter during the term hereof. For
example, if the final certificate of occupancy is issued August 1, 2005 then the first Grant
Year shall be from January 1, 2006 through and including December 31, 2006.
(i) “Improvements” shall mean the office/warehouse/distribution facility to be
constructed on the Land containing initially 228,250 square feet of space.
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AMENDED & RESTATED ECONOMIC DEVELOPMENT INCENTIVE - Page 3 51014
(j) “Impositions” shall mean all taxes, assessments, use and occupancy taxes,
charges, excises, license and permit fees, and other charges by public or governmental
authority, general and special, ordinary and extraordinary, foreseen and unforeseen,
which are or may be assessed, charged, levied, or imposed by any public or governmental
authority on the Company or any property or any business owned by Company within the
City.
(k) “Land” shall mean the real property described in Exhibit A.
(l) “Sales Tax Receipts” shall mean the City’s receipts from the State of
Texas from the collection of the City’s one percent (1%) sales and use tax imposed by the
City pursuant to Chapter 321 of the Texas Tax Code (it being expressly understood that
the City’s sales and use tax receipts are being used only as a measurement for its
participation through the use of general funds), attributed to the collection of the City’s
one percent (1%) sales and use tax by Company as a result of sale of Taxable Items by
Company consummated at the Improvements. Sales Tax Receipts does not include any
sales and use tax imposed by City for the benefit of the Coppell Recreation Development
Corporation, pursuant to Section 4B of the Development Corporation Act of 1979, article
5190.6 Tex. Dev. Civ. Stat., or sales and use tax imposed by the City for the benefit of
Coppell Education Development Corporation pursuant to Chapter 379 A of the TEX. LOC.
GOV’T CODE.
(m) “Sales Tax Certificate” shall mean a certificate or other statement in a
form reasonably acceptable to the City setting forth the Company’s collection of the
City’s one percent (1%) sales and use tax imposed by the City and received by the City
from the State of Texas for the sale of Taxable Items by Company consummated at the
Improvements for the previous calendar year which are to be used to determine
Company’s eligibility for an Annual Sales Tax Grant, together with such supporting
documentation required herein, and as City may reasonably request.
(n) “Taxable Items” shall have the same meaning assigned by Chapter 151,
TEX. TAX CODE, as amended.
(o) “Property” shall collectively mean the Land and the Improvements
following Completion of Construction.
(p) “Required Use” shall mean the continuous lease, and continuous operation
of the Improvements engaged in the sale of office supplies and equipment and related
merchandise to the public.
ARTICLE III
ECONOMIC DEVELOPMENT GRANT
3.1 Sales Tax Grant. Subject to the Company’s Required Use and continued
satisfaction of all the terms and conditions of this Agreement, the City agrees to provide
Company with annual economic development grants (“Annual Sales Tax Grants”) from lawfully
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AMENDED & RESTATED ECONOMIC DEVELOPMENT INCENTIVE - Page 4 51014
available funds. The Annual Sales Tax Grants shall be in an amount equal to a percentage of the
Sales Tax Receipts in accordance with the following schedule:
Grant Year Grant Amount
1-5 75% of Sales Tax Receipts
6-10 60% of Sales Tax Receipts
11-20 60% of Sales Tax Receipts (If Company owns Improvements)
In the event Company does not own fee simple title to the Property during term years 11-20 but
rather leases the Property from a third party the Annual Sales Tax Grants shall be in accordance
with the following schedule:
Grant Year Grant Amount
11-20 50% of Sales Tax Receipts
3.2 Annual Payment Date. The Annual Sales Tax Grants shall be paid on April 1 of
each calendar year this Agreement is in effect beginning on April 1, of the calendar year
immediately following the first Grant Year (the “Annual Grant Payment Date”). For example, if
the final certificate of occupancy for Company’s occupancy of the Improvements is issued
August 1, 2005, the first Grant Year shall be from January 1, 2006 through and including
December 31, 2006, and the first Annual Sales Tax Grant Payment Date would be April 1, 2007.
3.3 Current Revenue. The City’s obligations each Grant Year shall be payable from
current revenue, and under no circumstances shall the City’s obligation hereunder be deemed to
create any debt within the meaning of any provision of the Texas Constitution or statute. The
Annual Sales Tax Grants shall be paid from lawfully available funds that have been appropriated
by the City. Further, City shall not be obligated to pay any commercial bank, lender or similar
institution for any loan or credit agreement made by the Company. None of the City’s
obligations under this Agreement shall be pledged or otherwise encumbered in favor of any
commercial lender and/or similar financial institution.
3.4 Grant Limitation. Under no circumstances shall City be obligated to pay any
Annual Sales Tax Grant unless there is available Sales Tax Receipts. City shall not be required
to provide any Annual Sales Tax Grant during the term of this Agreement for which City has not
received the Sales Tax Receipts from the State of Texas for such Grant Year attributed to sales
and are tax paid as a result of the sale of a Taxable Item by Company consummated at the
Improvements.
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AMENDED & RESTATED ECONOMIC DEVELOPMENT INCENTIVE - Page 5 51014
ARTICLE IV
CONDITIONS TO ANNUAL GRANTS
Company shall during the term of this Agreement strictly comply and satisfy each of the
following conditions.
4.1 Improvements. The Owner agrees to relocate its existing operations from the
Existing Facility to the Improvements on or before ____________, 20____, and lease the
Improvements for a period of at least twenty (20) years commencing on the date a final
certificate of occupancy is issued to Company’s occupancy of the Improvements.
4.2 Sales Tax Certificate. Beginning February 1 of the calendar year immediately
following the first Grant Year and continuing on February 1 of each calendar year thereafter
during the term of this Agreement, the Company shall provide the City with a Sales Tax
Certificate. For example if the final certificate of occupancy for Company’s occupancy of the
Improvements is issued August 1, 2005 the first Grant Year shall be from January 1, 2006
through and including December 31, 2006, and the Sales Tax Certificate is due February 1, 2007.
The City shall have no duty to calculate the Sales Tax Receipts or determine Company’s
entitlement to any Annual Sales Tax Grant, or pay any Annual Sales Tax Grant during the term
of this Agreement until such time as Company has provided the City a Sales Tax Certificate for
the applicable Grant Year. The City may but is not required to provide Company with a form for
the Sales Tax Certificate required herein. At the request of the City, the Company shall provide
such additional documentation as may be reasonably requested by City to evidence, support and
establish the sales and use tax paid and collected (including sales and use tax paid directly to the
State of Texas pursuant to a direct payment permit) by Company for the sale of Taxable Items by
Company consummated at the Improvements and received by City from the State of Texas. The
Sales Tax Certificate shall at a minimum contain, include or be accompanied by the following:
a. A schedule detailing the amount of the City’s one percent (1%) sales and use tax
collected and paid to the State of Texas as a result of the sale of Taxable Items by
Company consummated at the Improvements for the previous calendar year;
b. A copy of all sales and use tax returns and reports, sales and use tax prepayment
returns, direct payment permits and reports, including amended sales and use tax
returns or reports, filed by Company for the previous calendar year showing the
City’s one percent (1%) sales and use tax collected (including sales and use tax
paid directly to the State of Texas pursuant to a direct payment certificate) by
Company for the sale of Taxable Items consummated at the Improvements;
c. A copy of all direct payment and self-assessment returns, including amended
returns, filed by Company for the previous calendar year showing the City’s one
percent (1%) sales and use tax paid for the sale of Taxable Items by Company
consummated at the Improvements;
d. Information concerning any refund or credit received by Company of the City’s
one percent (1%) sales or use taxes paid or collected by Company (including any
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AMENDED & RESTATED ECONOMIC DEVELOPMENT INCENTIVE - Page 6 51014
sales and use tax paid directly to the State of Texas pursuant to a direct payment
permit) which has previously been reported by Company as sales and use tax paid
or collected; and
e. A schedule detailing the total sales of Taxable Items by Company consummated
at the Improvements for the previous calendar year.
City agrees to the extent allowed by law to maintain the confidentiality of the Sales Tax
Certificate.
4.03 As a condition to the payment of any Annual Sales Tax Grant hereunder, City
shall have received a Sales Tax Certificate for the Grant Year for which payment of a Sales Tax
Grant is requested.
4.04 During the term of this Agreement following the issuance of a final certificate of
occupancy for Company’s occupancy of the Improvements and continuing thereafter until
termination of this Agreement the Company agrees to continuously occupy and operate the
Improvements and that the Property shall not be used for any purpose other than the Required Use
and that that the Company shall not allow the operation of the Improvements in conformance with
the Require Use to cease for more than thirty (30) days except in connection with, and to the extent
of an Event of Force Majeure or casualty.
4.05 Owner shall occupy at least _______________ square feet of space in the
Improvements on or before ___________________, 20___.
4.06 Company shall not have an uncured breach or default of this Agreement.
4.07 Company shall continuously or lease, and continuously occupy the Property.
ARTICLE V
TERMINATION
5.1 This Agreement shall terminate upon any one of the following:
(a) by written agreement of the parties;
(b) expiration of the Term;
(c) by either party in the event the other party breaches any of the terms or
conditions of this Agreement and such breach is not cured within sixty
(60) days after written notice thereof; provided however if the breach cannot
be cured within a sixty (60) day period, and the breaching party has diligently
pursued such remedies as shall be reasonably necessary to cure such breach,
the City shall extend the period in which the breach must be cured for an
additional thirty (30) days;
(d) by City, if Company suffers an Event of Bankruptcy or Insolvency; and
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AMENDED & RESTATED ECONOMIC DEVELOPMENT INCENTIVE - Page 7 51014
(e) by City, if any Impositions owed to the City or the State of Texas by
Company shall become delinquent (provided, however the Company retains
the right to timely and properly protest and contest any such Impositions).
ARTICLE VI
MISCELLANEOUS
6.01 Binding Agreement. The terms and conditions of this Agreement are binding
upon the successors and permitted assigns of the parties hereto. This Agreement may not be
assigned without the express written consent of the City Manager.
6.02 Limitation on Liability. It is understood and agreed between the parties that the
Company, in satisfying the conditions of this Agreement, have acted independently, and the City
assumes no responsibilities or liabilities to third parties in connection with these actions. The
Company agrees to indemnify and hold harmless the City from all such claims, suits, and causes
of actions, liabilities and expenses, including reasonable attorney’s fees, of any nature
whatsoever by a third party arising out of the Company’s performance of the conditions under
this Agreement.
6.03 No Joint Venture. It is acknowledged and agreed by the parties that the terms
hereof are not intended to and shall not be deemed to create a partnership or joint venture among
the parties.
6.04 Authorization. Each party represents that it has full capacity and authority to
grant all rights and assume all obligations that are granted and assumed under this Agreement.
6.05 Notice. Any notice required or permitted to be delivered hereunder shall be
deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified
mail, return receipt requested, or by nationally recognized overnight delivery service addressed
to the party at the address set forth below or on the day actually received if sent by courier or
otherwise hand delivered.
If intended for City, to: with copy to:
Attn: City Manager Peter G. Smith
City of Coppell, Texas Nichols, Jackson, Dillard
255 Parkway Boulevard Hager & Smith, L.L.P.
P.O. Box 9478 1800 Lincoln Plaza
Coppell, Texas 75019 500 North Akard
Dallas, Texas 75201
DRAFT
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AMENDED & RESTATED ECONOMIC DEVELOPMENT INCENTIVE - Page 8 51014
If intended for the Company:
Quill Corporation
100 Schelter Road
Lincolnshire, IL 60069-3621
Attn: __________________
6.06 Entire Agreement. This Agreement is the entire Agreement between the parties
with respect to the subject matter covered in this Agreement. There is no other collateral oral or
written Agreement between the parties that in any manner relates to the subject matter of this
Agreement, except as provided in any Exhibits attached hereto.
6.07 Governing Law. The Agreement shall be governed by the laws of the State of
Texas; and venue for any action concerning this Agreement shall be in the State District Court of
Dallas County, Texas.
6.08 Amendment. This Agreement may only be amended by the mutual written
agreement of the parties.
6.09 Legal Construction. In the event any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention
of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or
unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable
and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable.
6.10 Recitals. The recitals to this Agreement are incorporated herein.
6.11 Counterparts. This Agreement may be executed in counterparts. Each of the
counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one
and the same instrument.
6.12 Exhibits. All exhibits to this Agreement are incorporated herein by reference for
all purposes wherever reference is made to the same.
6.13 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period
of time following the termination of this Agreement shall survive termination.
6.14 Successors and Assigns. This Agreement may not be assigned by the Company
without the prior written consent of the City Manager.
6.15 Conditions Precedent. This Agreement is expressly subject to and shall not
become effective unless and until the last of each of the following events has occurred: (i)
Company relocating the Existing Facility; (ii) Company’s lease and occupancy of the
Improvements. Company shall provide City written evidence reasonably satisfactory to the City
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AMENDED & RESTATED ECONOMIC DEVELOPMENT INCENTIVE - Page 9 51014
that the Company has leased the Improvements for a period of twenty (20) years. Upon last date
that the conditions precedent have occurred the Original Agreement shall automatically
terminate and be of no further force and effect.
EXECUTED on this _______ day of _____________________, 2002.
CITY OF COPPELL, TEXAS
By:
CANDY SHEEHAN, MAYOR
ATTEST:
By:
CITY SECRETARY
APPROVED AS TO FORM:
By:
CITY ATTORNEY
(Ed. 10/02/02)
EXECUTED this the _________ day of ______________________, 2002.
QUILL CORPORATION
By: _______________________________________
Name: _____________________________________
Title: ______________________________________
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AMENDED & RESTATED ECONOMIC DEVELOPMENT INCENTIVE - Page 10 51014
CITY’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2002, by Candy Sheehan, being Mayor of the City of Coppell, Texas, a Texas municipality, on
behalf of said municipality.
Notary Public, State of Texas
My Commission expires:
COMPANY’S ACKNOWLEDGMENT
STATE OF _________________ §
§
COUNTY OF _______________ §
This instrument was acknowledged before me on the _______ day of ___________,
2002, by _____________________ of _____________________, Quill Corporation, on behalf
of said corporation.
Notary Public, State of _________________
My Commission expires:
DRAFT
October 2, 2002
EXHIBIT “A”
LEGAL DESCRIPTION OF LAND
DEPT: Engineering
DATE: October 8, 2002
ITEM #: 8/F
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Assignment and Assumption of an Engineering Contract between the City of Coppell,
Duke Realty Services Limited Partnership, Texas Dugan Limited Partnership and Pacheco Koch Consulting
Engineers; and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Approval of this item will allow the design of Ruby Road to continue so that Ruby Road can be bid for
construction by October 2002, with construction beginning in early 2003.
Staff will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS:
Funds for Ruby Road has been allocated in the Street CIP and Water CIP accounts.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: #eng2-1AR
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works
Date: October 8, 2002
RE: Consider approval of an Assignment and Assumption of an Engineering Contract
between the City of Coppell, Duke Realty Services Limited Partnership, Texas Dugan
Limited Partnership and Pacheco Koch Consulting Engineers; and authorizing the
City Manager to sign.
For some time now the City of Coppell has been working with representatives of Duke Realty Services
to facilitate the reconstruction of Ruby Road. The interest to Duke Realty Services in the
reconstruction of Ruby Road is to better market the northern portion of their property and to provide
better and safer access to the property. The interest on the part of the City of Coppell in the
reconstruction of Ruby Road is to eliminate the dangerous curve at the west end and to facilitate a
safer route to Wagon Wheel Park.
During discussions, it was decided that to get an accurate understanding of the cost involved, a design
should be initiated. On May 14, 2002, the City agreed to participate in the design of Ruby Road in an
amount equal to approximately $38,000. Since that time, numerous agreements were started and
revised to better determine how the City of Coppell could work jointly with Duke Realty Services to
facilitate the reconstruction of Ruby Road. Duke Realty was willing to participate in the
reconstruction of Ruby Road financially, but was also interested in acquiring the irregularly shaped
property and the abandoned right-of-way that would be on the south side of the realigned Ruby Road
and isolated from the Heatley-Moist tract.
Each scenario discussed ran into legal problems on how to best bring about the reconstruction of Ruby
Road. The original concept was for Duke Realty to facilitate the design of the project, hire a
contractor to construct the road and manage the construction of the road for a fee. The City would just
contribute dollars to the project. However, that concept did not meet state law requirements for sealed
bids of public projects. After much discussion, it was finally decided that the best approach to the
reconstruction of Ruby Road would be for Duke Realty to purchase the land that would be isolated
from the Heatley-Moist tract by the realignment of Ruby Road and for the City to take over the design
and construction of Ruby Road. The financial contribution by Duke Realty would be the purchase
price of the land on the south side of the realigned Ruby Road. On September 24, 2002 City Council
approved the abandonment of the right-of-way and the sell of the irregularly shaped piece of property
to Duke Realty in the amount of $253,000. That $253,000 will now be assigned to the CIP funds to
help offset the cost of the reconstruction of Ruby Road. Because Duke Realty is now stepping out of
the design and construction of the project, the City of Coppell needs to pick up the design contract and
proceed with the bidding process of Ruby Road for construction.
During the course of the past few months in trying to ascertain the correct and legal way to proceed
with the reconstruction of Ruby Road, a substantial amount of design work was performed on the
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
project. The project is now approximately 80% to 85% designed and the City of Coppell is anticipating
putting the project out to bid on October 11, 2002. Because the City of Coppell is now the lead on this
project we need to assume all responsibilities for the design and construction of the project. To that
end, the City of Coppell needs to assume the current engineering contract that was originally executed
between Duke Realty Services Limited Partnership and Pacheco Koch Consulting Engineers. The
design contract between those parties was in an amount of $61,000. To date, Duke Realty has paid
$46,047.70 to Pacheco Koch for the design. We were invoiced once for our portion of the agreed upon
design; however, because of the ongoing discussions I chose not to process that invoice for payment.
Instead, discussions were continued with Duke Realty on how to go about reconstructing Ruby Road.
Therefore, the City of Coppell has yet to contribute financially to the design of Ruby Road.
This agenda item is brought forth so that the City of Coppell can assume the financial obligations of
the design contract for Ruby Road and reimburse Duke Realty for the amounts previously expended
for the design of Ruby Road. The estimated cost of the paving and drainage is $700,000. However, in
addition to that, the City of Coppell has an opportunity to construct a missing link of our water system.
With the reconstruction of Ruby Road, we will be constructing a 12” waterline from Coppell Road to
Freeport Parkway. This will tie into a newly constructed 12” water line in Freeport from Bethel to
Creekview and a 12” waterline in Creekview from Royal to Freeport. We are also attempting to correct
a sewer problem in the area by relaying a portion of the old sewer line in Ruby Road. The additional
cost of the water and sewer improvements is estimated at about $150,000. Therefore, the total cost is
estimated at $850,000.
One major benefit of installing the waterline is that we will be installing several fire hydrants along the
north side adjacent to the mobile home park. That mobile home park fronts onto Ruby Road and it is a
private mobile home park with private utilities and streets and as such does not have fire protection
within the mobile home park. The installation of the 12” waterline with fire hydrants along the north
side of Ruby Road will provide some level of fire protection for the mobile home park.
Therefore, the total anticipated construction cost is $850,000, which includes both the paving and
drainage and the addition of the water and sewer improvements. With the design cost, the entire
project cost is about $910,000. We currently have $500,000 in Street CIP funds allocated toward Ruby
Road. In addition to that we will have the $253,000 from the sale of the irregular shaped property to
Duke Realty. Also, $150,000 has been set aside in Water and Sewer funds to construct the water and
sewer lines in Ruby Road.
Staff recommends approval of the Assignment and Assumption of an Engineering Contract from Duke
Realty Services Limited Partnership to the City of Coppell and authorizing the City Manager to sign.
Staff will be available to answer any questions at the Council meeting.
u:\pcrocker\ccagenda\oct 8, 2002\0210082agmt.doc
1
ASSIGNMENT AND ASSUMPTION OF ENGINEERING CONTRACT
THIS ASSIGNMENT AND ASSUMPTION OF ENGINEERING CONTRACT (this
"Assignment") is made and entered into as of this ___ day of _____________, 2002, by and between DUKE
REALTY SERVICES LIMITED PARTNERSHIP, an Indiana limited partnership ("DRLP") and TEXAS
DUGAN LIMITED PARTNERSHIP, a Delaware limited partnership ("TDLP") (hereinafter collectively
referred to as "Assignor"), and the CITY OF COPPELL, TEXAS, a Home Rule City (hereinafter referred to
as "Assignee").
W I T N E S S E T H:
WHEREAS, DRLP and Pacheco Koch Consulting Engineers ("Engineer") entered into that certain
Agreement between Owner and Engineer, dated as of March 4, 2002, as amended by Change Orders dated
May 17, 2002 and July 15, 2002 (hereinafter collectively referred to as the "Engineering Contract") for
surveying and civil engineering services more particularly described in the Engineering Contract for that
certain project identified therein as the Ruby Road Realignment, Coppell TX 75019 (the "Project"). Under
the Engineering Contract, Assignor served a dual capacity as (i) the agent for the Owner, TDLP, and (ii) the
"Construction Manager";
WHEREAS, subsequent to the execution of the Engineering Contract, it was determined that
Assignee would oversee the work to be performed in connection with the Project and therefore assume all of
the responsibilities of "Owner" and "Construction Manager" under the Engineering Contract;
WHEREAS, TDLP is a party to this Assignment to acknowledge its consent to the assignment of all
such responsibilities of "Owner" in and to the Engineering Contract;
WHEREAS, Assignor and Assignee have agreed that Assignor shall transfer and assign to Assignee
all right, title and interest of Assignor in and to the Engineering Contract; and
WHEREAS, Assignor and Assignee have further agreed that Assignee shall expressly assume all of
the obligations of Assignor under the Engineering Contract.
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each party
hereto, Assignor and Assignee hereby agree as follows:
1. Transfer and Assignment. Assignor hereby transfers and assigns to Assignee, its successors
and assigns, all right, title and interest of Assignor in, to and under the Engineering Contract, dated March 4,
2002, by and between Duke Realty Services L.P. and Pacheco Koch Consulting Engineer, herein after called
“Contract”.
2. Assumption of Obligations. Assignee hereby assumes and agrees to observe and perform all
of the obligations and duties of Assignor under the Engineering Contract arising from and after, but not
before, the date of this Assignment; and, Assignor shall upon execution deliver to Assignee all designs,
drawings, specifications, technical data, and other instruments produced by the Engineer resulting from the
“Contract”.
u:\pcrocker\ccagenda\oct 8, 2002\0210082agmt.doc
2
3. Payments to Engineer. Assignee hereby acknowledges that, as of the date of this
Assignment, Assignor has made payments due Engineer under the Engineering Contract totaling
$46,047.70 (the "Payments"). Copies of the relevant invoices are attached hereto as Exhibit A and
incorporated herein by this reference. Upon execution of this Assignment by Assignee, Assignee shall
refund to TDLP the full amount of the Payments.
4. Governing Law. This Assignment shall be governed by and construed in accordance with
the internal laws of the State of Texas, without reference to the conflicts of laws or choice of law provisions
thereof.
5. Binding Effect. This Assignment shall be binding upon and shall inure to the benefit of the
parties hereto and their respective administrators, legal representatives, successors and assigns.
6. Counterparts. This Assignment may be executed in any number of counterparts, each of
which shall be deemed to be an original, but all of which, when taken together, shall constitute but one and
the same instrument.
IN WITNESS WHEREOF, Assignor and Assignee have each caused this Assignment to be executed
by its duly authorized signatory as of the day and year first above written.
ASSIGNOR:
DUKE REALTY SERVICES LIMITED PARTNERSHIP,
an Indiana limited partnership
By: DUKE REALTY CORPORATION, an Indiana
corporation, sole General Partner
By:____________________________
Jeffrey D. Turner
Senior Vice President
SIGNATURES CONTINUED ON FOLLOWING PAGE
u:\pcrocker\ccagenda\oct 8, 2002\0210082agmt.doc
3
ASSIGNOR (cont’d):
TEXAS DUGAN LIMITED PARTNERSHIP, a Delaware
limited partnership
By: DUGAN GENERAL PARTNER LLC, a Delaware
limited liability company, its general partner
By: DUGAN TEXAS LLC, a Delaware limited liability
company, its sole member
By: DUKE REALTY LIMITED PARTNERSHIP, an
Indiana limited partnership, its Manager
By: DUKE REALTY CORPORATION, an Indiana
corporation, sole General Partner
By:_________________________
Jeffrey D. Turner
Senior Vice President
SIGNATURES CONTINUED ON FOLLOWING PAGE
u:\pcrocker\ccagenda\oct 8, 2002\0210082agmt.doc
4
ASSIGNEE:
CITY OF COPPELL, TEXAS
By:____________________________
Jim Witt, City Manager
Attest:__________________________
Libby Ball, City Secretary
Approved as to Form:
By:_________________________
Robert E. Hager, City Attorney
u:\pcrocker\ccagenda\oct 8, 2002\0210082agmt.doc
5
ACKNOWLEDGEMENT OF ENGINEER
The undersigned Engineer hereby joins in the execution of this Assignment of Engineer’s
Contract to acknowledge the assignment of the Engineering Contract by Assignor to Assignee. From and
after the date of the Assignment, Engineer agrees to look solely to Assignee for the performance of all
obligations under the Engineering Contract, including, without limitation, those payment obligations of
Owner pursuant to Article 3 of the Engineering Contract.
Engineer further agrees, upon request from Assignee, to issue to Assignee such evidence of
insurance as required under the Engineering Contract or as required by Assignee.
Dated this ___ day of _________________, 2002.
ENGINEER:
PACHECO KOCH CONSULTING ENGINEERS
By: ________________________________
Name:
Title:
DEPT: Engineering
DATE: October 8, 2002
ITEM #: 8/G
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a Right-of-way Use Agreement between the City of Coppell and the Coppell First Assembly
of God Church to allow the encroachment of an existing parking lot; and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Approval of this right-of-way use agreement will allow a portion of the existing parking lot of Coppell First
Assembly of God Church to remain within the right-of-way of Heartz Road.
Staff recommends approval of the right-of-way use agreement between the City of Coppell and the Coppell First
Assembly of God Church to allow the continued use of the existing parking lot.
Staff will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: #eng4-1AR
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council
From: Teresa Turner, E.I.T., Graduate Engineer
Date: October 8, 2002
RE: Consider approval of a right-of-way use agreement between the City of Coppell
and the Coppell First Assembly of God Church to allow the encroachment of an
existing parking lot; and authorizing the City Manager to sign.
The Coppell First Assembly of God Church is proposing to construct improvements to their property
located at 200 Heartz Road. During the August 29 and September 5, 2002 Development Review
Committee meetings, it was discovered that the church had previously dedicated a 7.5 foot wide
strip of property to the City of Coppell on March 6, 1985 for right-of-way purposes. At the time of
the dedication, the parking lot was already existing and therefore encroached within the dedicated
right-of-way. The encroachment was not addressed at that time. Approximately 607.5 square feet
of the parking lot is within the right-of-way.
Staff recommends approval of the right-of-way use agreement between the City of Coppell and the
Coppell First Assembly of God Church to allow the continued use of the existing parking lot.
Staff will be available to answer questions at the Council meeting.
____________________________________
Right-of-way Use Agreement - Page 1
STATE OF TEXAS §
§ RIGHT-OF-WAY USE AGREEMENT
COUNTY OF DALLAS §
THIS AGREEMENT (“AGREEMENT”) is made by and between the City of Coppell, Texas
(“CITY”) and Coppell First Assembly of God Church (“LICENSEE”) acting by and through
their authorized representatives.
WITNESSETH:
WHEREAS, LICENSEE is currently improving Coppell First Assembly of God Church
at 200 Heartz Road and more particularly described in Exhibit “A” attached hereto and
incorporated herein for all purposes; and
WHEREAS, LICENSEE desires to allow the continued use of approximately 607.5
square feet of property (“PROPERTY”), being more particularly shown on the map marked
Exhibit “B” attached hereto; and
WHEREAS, LICENSEE proposes to provide ongoing maintenance of the area at its
own expense;
NOW THEREFORE, in consideration of the covenants contained herein and other
valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1.Purpose: The CITY hereby grants LICENSEE a revocable license for the purpose of
allowing parking (the “PERMITTED USE”) within the right of way of the CITY. In
consideration of the granting of this AGREEMENT by the CITY, LICENSEE agrees to
provide ongoing maintenance of the area.
2.Term: The term of this Agreement shall be perpetual, subject, however, to termination
by the CITY as provided herein.
3. Non-Exclusive: This License is nonexclusive and is subject to the following: a) to any
existing utility, drainage or communications facilities located in, on, under or upon the
PROPERTY; b) to all vested rights presently owned by any utility or communication company,
public or private, for the use of the PROPERTY for facilities presently located within the
PROPERTY; and c) to any existing lease, license, or other interest in the PROPERTY granted
by the CITY to any individual, corporation or other entity, public or private.
4.Environmental Protection: LICENSEE shall not use or permit the use of the
PROPERTY for any purpose that may be in violation of any laws pertaining to the health of the
environment, including without limitation, the comprehensive environmental response,
____________________________________
Right-of-way Use Agreement - Page 2
compensation and liability act of 1980 (“CERCLA”), the resource conservation and recovery act
of 1976 (“RCRA”), the Texas Water Code, and the Texas Solid Waste Disposal Act.
LICENSEE warrants that the use of the PROPERTY will not result in the disposal or other
release of any hazardous substance or solid waste on or to the PROPERTY, and that
LICENSEE will take all steps necessary to ensure that no such hazardous substance or solid
waste will ever be discharged onto the PROPERTY or adjoining property by LICENSEE. The
terms “hazardous substance waste” shall have the meaning specified in CERCLA, and the term
solid waste and disposal (or dispose) shall have the meaning specified in the RCRA; provided,
however, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of
any term defined thereby, such broader meaning shall apply subsequent to the effective date of
such amendment; and provided further, at the extent that the laws of the State of Texas establish
a meaning for hazardous substance, release, solid waste, or disposal which is broader than that
specified in the CERCLA or RCRA, such broader meaning shall apply. LICENSEE shall
indemnify and hold the CITY harmless against all costs, environmental clean up of the
PROPERTY resulting from LICENSEE’S use of the PROPERTY under this License in
violation of this AGREEMENT, as proven in a court of competent jurisdiction.
5.Mechanic’s liens not permitted: LICENSEE shall fully pay all labor and materials
used in, on or about the PROPERTY, and will not permit or suffer any mechanic’s or material
man’s liens of any nature to be affixed against the PROPERTY by reason of any work done or
materials furnished to the PROPERTY at LICENSEE’S instance or request.
6.Future CITY use: This License is made expressly subject and subordinate to the right of
the CITY to use the PROPERTY for any public purpose whatsoever. In the event that the
CITY shall, at any time subsequent to the date of this AGREEMENT, at its sole discretion,
determine that the removal of the PERMITTED USE shall be necessary or convenient for
CITY’S use of the PROPERTY, LICENSEE shall at its sole cost and expense make or cause
to be made such modifications or relocate the PERMITTED USE so as not to interfere with the
CITY’S or CITY’S assigns’ use of the PROPERTY. A minimum of thirty (30) days written
notice for the exercise of the above action shall be given by the CITY to LICENSEE, and
LICENSEE shall promptly commence to make the required changes and complete them as
quickly as possible, or reimburse the CITY for the reasonable cost of making such required
changes.
7.Compliance with laws: LICENSEE agrees to abide by and be governed by all laws,
ordinances and regulations of any and all governmental entities having jurisdiction over the
LICENSEE.
8.Indemnification: LICENSEE shall defend, protect and keep CITY forever harmless
and indemnified against and from any penalty, or any damage, or charge, imposed for any
violation of any law, ordinance, rule or regulation arising out of the use of the parking area by
the LICENSEE, whether occasioned by the neglect of LICENSEE, its employees, officers,
agents, contractors or assigns or those holding under LICENSEE. LICENSEE shall at all times
defend, protect and indemnify and it is the intention of the parties hereto that LICENSEE hold
____________________________________
Right-of-way Use Agreement - Page 3
CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s
fee, arising out of or from any accident or other occurrence on or about the parking area causing
personal injury, death or property damage resulting from use of parking area by LICENSEE, its
agents, employees, customers and invitees, except when caused by the willful misconduct or
negligence of CITY, its officers, employees or agents, and only then to the extent of the
proportion of any fault determined against CITY for its willful misconduct or negligence.
LICENSEE shall at all times defend, protect, indemnify and hold CITY harmless against and
from any and all loss, cost, damage, or expense, including attorney’s fees arising out of or from
any and all claims or causes of action resulting from any failure of LICENSEE, its officers,
employees, agents, contractors or assigns in any respect to comply with and perform all the
requirements and provisions hereof.
9.Termination: This Agreement may be terminated in any of the following ways:
a. Written agreement of both parties;
b. By CITY giving LICENSEE thirty (30) days prior written notice;
c. By CITY upon failure of LICENSEE to perform its obligations as set forth in
this Agreement, after thirty (30) days prior written notice to LICENSEE and
opportunity to cure;
d. By CITY abandoning any interest in the PROPERTY;
10.Notice: When notice is permitted or required by this AGREEMENT, it shall be in
writing and shall be deemed delivered when delivered in person or when placed, postage prepaid
in the United States mail, certified return receipt requested, and addressed to the parties at the
address set forth opposite their signature. Either party may designate from time to time another
and different address for receipt of notice by giving notice of such change or address.
11.Attorney’s fees: Any signatory to this AGREEMENT, who is the prevailing party in
any legal proceeding against any other signatory brought under or with relation to this
AGREEMENT shall be entitled to recover court cost and reasonable attorney’s fees from the
non-prevailing party.
12.Governing law: This AGREEMENT is governed by the laws of the State of Texas; and
venue for any action shall be in Dallas County, Texas.
13.Binding effect: This AGREEMENT shall be binding upon and inure to the benefit of
the executing parties and their respective heirs, personal representatives, successors and assigns.
14.Entire Agreement: This AGREEMENT embodies the entire agreement between the
parties and supersedes all prior agreements, understandings, if any, relating to the PROPERTY
and the matters addressed herein and may be amended or supplemented only by written
instrument executed by the party against whom enforcement is sought.
15.Recitals: The recitals to this AGREEMENT are incorporated herein by reference.
____________________________________
Right-of-way Use Agreement - Page 4
16.Legal Construction: The provisions of this AGREEMENT are hereby declared
covenants running with the PROPERTY and are fully binding on all successors, heirs, and
assigns of LICENSEE who acquire any right, title, or interest in or to the PROPERTY or any
part thereof. Any person who acquires any right, title, or interest in or to the PROPERTY, or
any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of
this AGREEMENT with respect to said right, title or interest in the PROPERTY.
17.Successor Owner Obligations: Notwithstanding the above, if and when LICENSEE
assigns all of its right, title or interest in the PROPERTY to a successor owner (“SUCCESSOR
OWNER”), LICENSEE will only have obligations hereunder to the CITY relating only to the
period of time during which LICENSEE held fee simple title to the PROPERTY, according to
the Dallas County real property records. Similarly, each SUCCESSOR OWNER of the
PROPERTY will only be responsible for its obligations hereunder to the CITY relating only to
the period of time during which the SUCCESSOR OWNER held fee simple title to the
PROPERTY, according to the Dallas County real property records.
____________________________________
Right-of-way Use Agreement - Page 5
EXECUTED this ______ day of _________________, 2002.
CITY OF COPPELL,TEXAS
By:
JIM WITT, CITY MANAGER
ATTEST:
By:
LIBBY BALL, CITY SECRETARY
COPPELL FIRST ASSEMBLY OF GOD
CHURCH
By: ____________________________________
Name _______________________
Title ________________________
By: _____________________________________
Name _______________________
Title ________________________
APPROVED AS TO FORM:
____________________________________
ROBERT E. HAGER, CITY ATTORNEY
____________________________________
Right-of-way Use Agreement - Page 6
LICENSEE’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared ______________________________________ of
_____________________________________ known to me to be the person and officer whose
name is subscribed to the foregoing instrument, and acknowledged to me that the same was the
act of the said ____________________________ a corporation, that he was duly authorized to
perform the same by appropriate resolution of the board of directors of such corporation and that
he executed the same as the act of such corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
Given under my hand and official seal, this _______ day of ______________, 2002.
__________________________
Notary Public
STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared ______________________________________ of
_____________________________________ known to me to be the person and officer whose
name is subscribed to the foregoing instrument, and acknowledged to me that the same was the
act of the said ____________________________ a corporation, that he was duly authorized to
perform the same by appropriate resolution of the board of directors of such corporation and that
he executed the same as the act of such corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
Given under my hand and official seal, this _______ day of ______________, 2002.
__________________________
Notary Public
____________________________________
Right-of-way Use Agreement - Page 7
CITY ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on
this day personally appeared Jim Witt being the City Manager of the City of Coppell, Texas, known
to me to be the person and officer whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of the said City of Coppell, Texas, and that he
executed the same as the act of said City of Coppell, Texas for the purpose and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _________ day of
_________________, 2002.
___________________________________
Notary Public, State of Texas
Proposed Site Plan with ImprovementsParking Area toRemain inROWExhibit ‘A’
Existing ParkingExhibit ‘B’
DEPT: Planning & Economic Development
DATE: October 8, 2002
ITEM #: 8/H
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1145R, Siam Thai Cuisine, zoning change from LI-S-1145
(Light Industrial–Special Use Permit-1145) to LI-S-1145R (Light Industrial, Special Use Permit-1145R), to allow
the operation of an approximately 1,241 square-foot restaurant, with private club, to be located in the Valley Ranch
Center, 820 S. MacArthur Boulevard, Suite 108B, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On July 18, 2002, the Planning and Zoning Commission unanimously approved this change (6-0).
On August 13, 2002, Council unanimously approved this change (6-0).
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @1145R Siam Thai ORD 1-AR
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-S-1145” (LIGHT INDUSTRIAL-SPECIAL
USE PERMIT-1145) TO “LI-S-1145R” (LIGHT INDUSTRIAL-SPECIAL USE
PERMIT-1145 REVISED) TO REVISE THE CURRENT SPECIAL USE
PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT WITH A
PRIVATE CLUB TO BE LOCATED IN VALLEY RANCH CENTER, 820 S.
MACARTHUR BOULEVARD, SUITE 108B, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO
AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF
THE SITE PLAN, FLOOR PLAN AND SIGN PLAN, ATTACHED HERETO
AS EXHIBITS “B”, "C" AND "D", RESPECTIVELY; PROVIDING FOR
SPECIAL CONDITIONS; 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, 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-1145R 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 “LI-S-1145” (Light Industrial-
Special Use Permit-1145) to “LI-S-1145R.” (Light Industrial-Special Use Permit-1145 Revised) to
revise the current Special Use Permit to allow for the operation of a restaurant with a private club to be
located in the Valley Ranch Center, 820 S. MacArthur Boulevard, Suite 108B, and being more
particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to
special conditions.
2
SECTION 2.That the Special Use Permit for a restaurant with a private club is hereby
approved subject to the following special conditions:
(A) That the approved site plan, floor plan, and sign plan, which are attached hereto and
incorporated herein as Exhibits "B", "C", and "D", respectively, shall govern the
development of the property and shall be regulatory conditions to the permit granted
herein.
(B) That the hours of operation shall not exceed 11:00 a.m. to 11:00 p.m. Sunday through
Saturday.
(C) That the sale of alcoholic beverages on the premises is permitted in accordance with all
applicable State laws.
SECTION 3.That the Site Plan, Floor Plan, and Sign Plan, which are attached hereto as Exhibits
“B”, "C" and "D", respectively, and made a part hereof for all purposes, 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 the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the 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 7. 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
3
to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 8. 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 9.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 10.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
___________________, 2002.
APPROVED:
_____________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
EXHIBIT ‘A’
LEGAL DESCRIPTION
820 S. MacArthur Blvd., Suite 108B, Coppell Texas
DEPT: Planning & Economic Development
DATE: October 8, 2002
ITEM #: 8/I
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1146R, 416 Bethel Road, zoning change from HO-R-S-1146
(Historic Overlay–Retail-Special Use Permit-1146) to HO-R-S-1146R (Historic Overlay–Retail-Special Use
Permit-1146 Revised) to allow the relocation, expansion and renovation of an existing storage building into a 256
square-foot office located north of the existing building at 416 Bethel Road, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On August 15, 2002, the Planning and Zoning Commission unanimously approved this change (5-0).
On September 10, 2002, Council unanimously approved this change (7-0).
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @S1146R ORD 1-AR
1 50778
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 “HO-R-S-1146” (HISTORIC OVERLAY-RETAIL-SPECIAL USE
PERMIT-1146) TO “HO-R-S-1146R” (HISTORIC OVERLAY-RETAIL-SPECIAL USE
PERMIT-1146 REVISED) TO REVISE THE CURRENT SPECIAL USE PERMIT TO
ALLOW FOR THE RELOCATION, EXPANSION AND RENOVATION OF AN
EXISTING STORAGE BUILDING INTO AN OFFICE, LOCATED NORTH OF THE
EXISTING BUILDING AT 416 BETHEL ROAD, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND
INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE
PLAN, ATTACHED HERETO AS EXHIBIT “B”; PROVIDING FOR SPECIAL
CONDITIONS; 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, 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-1146R 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 “HO-R-S-1146” (Historic Overlay-Retail-Special Use Permit-
1146) to “HO-R-S-1146R” (Historic Overlay-Retail-Special Use Permit-1146 Revised) to revise the current
Special Use Permit to allow for the relocation, expansion and renovation of an existing storage building into an
office located north of the existing building at 416 Bethel Road, and being more particularly described in Exhibit
“A” attached hereto and made a part hereof for all purposes, subject to special conditions.
SECTION 2.That the Special Use Permit for the relocation, expansion and renovation of an existing
storage building into an office is hereby approved subject to the following special conditions:
(A) That the irrigated landscape area shall be depicted on the approved site plan and shall be
specifically as follows:
2 50778
That all vehicular pavement shall be screened from front and side property lines with a
hedge at least 30 inches in height at the time of planting and consisting of a minimum
of thirty (30) plants. That fifteen (15) plants shall be placed east of the driveway
entrance, spaced at 3' on center and the other fifteen (15) plants shall be placed west of
the driveway entrance, spaced at 3' on center. That all plants shall be of the same
variety and shall be any one of the following: abelia, eleagnus, holly, nandina, or any
draught resistant plantings provided on the City of Coppell Plant Palette, Table 1 of
Section 12-34-7 of the Coppell Code of Ordinances. In accordance with local
ordinances, any plant materials which die shall be replaced with plant material of the
same variety and size.
(B) That the development of the property shall be in accordance with the Site Plan, which is
attached hereto and incorporated herein as Exhibit "B".
SECTION 3.That the Site Plan, which is attached hereto as Exhibit “B” and made a part hereof for
all purposes, is 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 the development of the property herein shall be in accordance with building
regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended
herein.
SECTION 6. That all provisions of the 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 7. 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.
3 50778
SECTION 8. 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 9.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 10.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
___________________, 2002.
APPROVED:
_____________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
DEPT: Planning & Economic Development
DATE: October 8, 2002
ITEM #: 8/J
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1188R, Pan Acean Noodle Shop & Grill, zoning change from
C-S-1188 (Commercial-Special Use Permit-1188) to C-S-1188R (Commercial-Special Use Permit-1188 Revised),
to allow an additional attached sign for the restaurant and private club located in the Coppell Crossing IV
Shopping Center at 777 S. MacArthur Blvd., and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On August 15, 2002, the Planning and Zoning Commission unanimously approved this change (5-0).
On September 10, 2002, Council unanimously approved this change (7-0).
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @S1188R ORD 1-AR
1 50808
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 “C-S-1188” (COMMERCIAL-SPECIAL USE
PERMIT-1188) TO “C-S-1188R” (COMMERCIAL-SPECIAL USE PERMIT–
1188 REVISED) TO REVISE THE SPECIAL USE PERMIT TO ALLOW FOR
AN ADDITIONAL ATTACHED SIGN FOR THE RESTAURANT AND
PRIVATE CLUB, LOCATED IN THE COPPELL CROSSING IV SHOPPING
CENTER, 777 S. MACARTHUR BOULEVARD, PROVIDING FOR THE
APPROVAL OF THE REVISED SIGN PLAN, ATTACHED HERETO AS
EXHIBIT “A”; PROVIDING FOR SPECIAL CONDITIONS; 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, 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-1188R 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 “C-S-1188” (Commercial - Special Use
Permit-1188) to “C-S-1188R” (Commercial - Special Use Permit-1188 Revised) to revise special use
permit to allow for an additional attached sign for the restaurant and private club to be located in the
Coppell Crossing IV Shopping Center, 777 S. MacArthur Boulevard, subject to special conditions.
SECTION 2.That the revised Special Use Permit to allow for an additional sign for the
restaurant and private club, is hereby approved subject to the following special conditions:
2 50808
(A) That accept as amended herein, the property shall be developed in accordance with
Ordinance 91500-A-302, which is incorporated herein as set forth in full and hereby
republished.
SECTION 3.That the Revised Sign Plan, attached hereto as Exhibit “A” and made a part
hereof for all purposes, is 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 the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the 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 7. 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 8. 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 9.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
3 50808
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 10.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
___________________, 2002.
APPROVED:
_____________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 9/27/02)
DEPT: Planning & Economic Development
DATE: October 8, 2002
ITEM #: 8/K
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1198R, Assured Self Storage, zoning change from LI-S-1198
(Light Industrial-Special Use Permit-1198) to LI-S-1198R (Light Industrial-Special Use Permit-1198 Revised), to
amend the site plan and increase the size of the mini-warehouse facility with on-premise use (caretakers quarters)
to approximately 75,000-square feet on 4.83 acres of property located along the south side of Belt Line Road,
approximately 4,100 feet east of MacArthur Boulevard, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On August 15, 2002, the Planning and Zoning Commission unanimously approved this change (5-0).
On September 10, 2002, Council unanimously approved this change (7-0).
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @S1198R ORD 1-AR
1 50806
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
ORDINANCE NO. 91500, THE COMPREHENSIVE ZONING ORDINANCE
AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE
AMENDED, BY GRANTING A CHANGE IN ZONING FROM “LI-S-1198”
(LIGHT INDUSTRIAL-SPECIAL USE PERMIT-1198) TO “LI-S-1198R”
(LIGHT INDUSTRIAL-SPECIAL USE PERMIT–1198 REVISED) TO REVISE
THE SPECIAL USE PERMIT TO ALLOW FOR AMENDMENT TO THE SITE
PLAN AND TO INCREASE THE SIZE OF THE MINI-WAREHOUSE
FACILITY WITH ON-PREMISE USE (CARETAKER QUARTERS) TO
APPROXIMATELY 75,000 SQUARE FEET ON 4.83 ACRES LOCATED
ALONG THE SOUTH SIDE OF BELT LINE ROAD, APPROXIMATELY 4,100
FEET EAST OF MACARTHUR BOULEVARD AND BEING MORE
PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBIT "A";
PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE
PLAN, SITE DETAILS, OFFICE/CARETAKER'S QUARTERS ELEVATIONS,
EXTERIOR BUILDING ELEVATIONS, AND ENLARGED PARTIAL
ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B”, “C”, "D", "E",
"F", AND "G", RESPECTIVELY; PROVIDING FOR SPECIAL
CONDITIONS; 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, 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-1198R should be approved, and in the
exercise of legislative discretion have concluded that Ordinance No. 91500, 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 Ordinance No. 91500, 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 “LI-S-1198”
(Light Industrial-Special Use Permit - 1198) to “LI-S-1198R” (Light Industrial-Special Use Permit–
1198 Revised) to revise a special use permit to amend the site plan and to increase the size of the mini-
warehouse facility with on-premise use (caretakers quarters) to approximately 75,000-square feet on
2 50806
4.83 acres of property located along the south side of Belt Line Road, approximately 4,100 feet east of
MacArthur Boulevard, and being particularly described in Exhibit "A", which is attached hereto and
incorporated herein by reference, subject to special conditions.
SECTION 2.That the Special Use Permit be revised to amend the site plan and to increase
the size of the mini-warehouse facility with on-premise use (caretakers quarters) to approximately
75,000-square feet is hereby approved subject to the following special conditions:
(A) The site shall be developed in accordance with the Site Plan, Landscape Plan, Site
Details, Office/Caretaker's Quarters Elevations, Exterior Building Elevations, and
Enlarged Partial Elevations, attached hereto as Exhibits “B”, “C”, "D", "E", "F", and
"G", respectively, as a further condition.
SECTION 3.That the Site Plan, Landscape Plan, Site Details, Office/Caretaker's Quarters
Elevations, Exterior Building Elevations, and Enlarged Partial Elevations, attached hereto as Exhibits
“B”, “C”, "D", "E", "F", and "G", respectively, and made a part hereof for all purposes, 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 the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the 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 7. 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 8. 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.
3 50806
SECTION 9.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 10.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
___________________, 2002.
APPROVED:
_____________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 9/27/02)
DEPT: Planning & Economic Development
DATE: October 8, 2002
ITEM #: 8/L
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1202, Gateway Business Park, No. 2, Lot 2R, Block C, zoning
change from LI (Light Industrial) to LI-S-1202 (Light Industrial, Special Use Permit-1202), to grant a Special Use
Permit to allow for outside petroleum products storage, to increase the size of Lot 2R to allow a generator with a
screening wall, and to allow construction of 32 additional parking spaces on 7.613 acres of property located at 555
Dividend Drive, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On July 18, 2002, the Planning and Zoning Commission unanimously approved these changes (6-0).
On August 13, 2002, Council unanimously approved these changes (6-0).
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @S1202 GBP #2 ORD 1-AR
1 50641
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
ORDINANCE NO. 91500, 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-1202” (LIGHT INDUSTRIAL-SPECIAL USE
PERMIT-1202) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR
OUTSIDE PETROLEUM PRODUCTS STORAGE, TO INCREASE THE SIZE
OF LOT 2R, TO ALLOW A GENERATOR WITH A SCREENING WALL,
AND TO ALLOW CONSTRUCTION OF THIRTY-TWO (32) ADDITIONAL
PARKING SPACES ON APPROXIMATELY 7.613 ACRES LOCATED AT 555
DIVIDEND DRIVE AND BEING MORE PARTICULARLY DESCRIBED IN
THE ATTACHED EXHIBIT "A"; PROVIDING FOR THE APPROVAL OF
THE SITE PLAN, ENLARGED SITE PLAN, LANDSCAPE PLAN, AND
GENERATOR YARD PLAN, ELEVATIONS AND DETAILS, ATTACHED
HERETO AS EXHIBITS “B”, “C”, “D” AND "E", RESPECTIVELY;
PROVIDING FOR SPECIAL CONDITIONS; 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, 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-1202 should be approved, and in the
exercise of legislative discretion have concluded that Ordinance No. 91500, 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 Ordinance No. 91500, 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 “LI” (Light
Industrial) to “LI-S-1202” (Light Industrial-Special Use Permit-1202) to grant a special use permit to
allow for outside petroleum products storage, to allow for the revision of the site plan to increase the
size of Lot 2R to allow for a generator with a screening wall, and to allow for the construction of thirty-
2 50641
two (32) additional parking spaces on approximately 7.613 acres of property located at 555 Dividend
Drive, and as depicted and particularly described in Exhibit "A", which is attached hereto and
incorporated herein by reference, and which shall be regulatory to the permit granted herein and subject
to the special conditions.
SECTION 2.That the Special Use Permit for the outside petroleum products storage, revising
the site plan to increase the size of Lot 2R, to allow for a generator with a screening wall, and to allow
for the construction of additional parking spaces, is hereby approved subject to the following special
conditions:
(A) The site shall be developed in accordance with the site plan, enlarged site plan,
landscape plan, and generator yard plan depicting the elevations and details of the
screening wall, which are attached hereto as a further condition.
(B) That the site shall adhere to all Fire and Building Code of the City of Coppell.
SECTION 3.That the site plan, enlarged site plan, landscape plan, and generator yard plan
depicting elevations and details, which are attached hereto as Exhibits “B”, “C”, “D” and "E",
respectively, and made a part hereof for all purposes, 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 the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the 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.
3 50641
SECTION 7. 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 8. 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 9.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 10.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
___________________, 2002.
APPROVED:
_____________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 9/27/02)
DEPT: Planning & Economic Development
DATE: October 8, 2002
ITEM #: 8/M
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. ZC-610(CH)/PD-198, zoning change from C (Commercial) to
PD-198-SF-7 (Planned Development-198-Single-family-7), to recognize existing residential single-family uses on
approximately nine acres of property located along Bullock and Howell Drives, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On August 15 2002, the Planning and Zoning Commission unanimously approved this zoning change (5-0).
On September 10, 2002, Council unanimously approved this revision (7-0).
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @ZC610(CH)PD198SF7ORD 1-AR
1 50798
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 “C” (COMMERCIAL) TO
“PD-198-SF-7” (PLANNED DEVELOPMENT-198-SINGLE FAMILY-7) TO
PROVIDE THE APPROPRIATE ZONING FOR EXISTING RESIDENTIAL
SINGLE-FAMILY USES ON APPROXIMATELY NINE (9) ACRES
LOCATED ALONG BULLOCK DRIVE AND HOWELL DRIVE, AND
BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”,
ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL
PURPOSES; PROVIDING FOR DEVELOPMENT CONDITIONS, WHICH
ARE ATTACHED HERETO AS EXHIBIT "B"; PROVIDING FOR THE
APPROVAL OF THE SITE PLAN, ATTACHED HERETO AS EXHIBIT
“C”; 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, 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. ZC-
610(CH)/PD-198 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 “C” (Commercial) to “PD-198-
SF-7” (Planned Development-198, Single-Family) to provide the appropriate zoning district for
existing residential single-family uses on approximately nine (9) acres of property located along
2 50798
Bullock Drive and Howell Drive, and being more particularly described in Exhibit “A”, attached
hereto and made a part hereof for all purposes.
SECTION 2.That the property shall be developed and used only in accordance
with the development conditions, which are attached hereto and incorporated herein as Exhibit "B".
SECTION 3.That the Site Plan, attached hereto as Exhibit “C”, and made a part hereof for
all purposes, is 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 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. 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. 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
3 50798
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
___________________, 2002.
APPROVED:
_____________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 9/27/02)
EXHIBIT “A”
LEGAL DESCRIPTION FOR
PD 198-SF-7
Residential Lots in North Lake Estates
821 Howell Drive
817 Howell Drive
813 Howell Drive
809 Howell Drive
805 Howell Drive
801 Howell Drive
800 Howell Drive
804 Howell Drive
808 Howell Drive
812 Howell Drive
816 Howell Drive
820 Howell Drive
824 Howell Drive
833 Bullock Drive
829 Bullock Drive
825 Bullock Drive
821 Bullock Drive
817 Bullock Drive
813 Bullock Drive
809 Bullock Drive
805 Bullock Drive
801 Bullock Drive
800 Bullock Drive
804 Bullock Drive
808 Bullock Drive
812 Bullock Drive
816 Bullock Drive
820 Bullock Drive
824 Bullock Drive
828 Bullock Drive
Exhibit “B”
PD-198 CONDITIONS
A. Use regulations
A building or premise shall be used only for the following purposes:
1. Any use permitted in the SF-ED, SF-18, SF-12, SF-9 or SF-7 districts.
2. Home occupation.
3. Such uses as may be permitted under the provisions of special use permits in the
Sections 12-30-5 and 12-30-6 of the Zoning Ordinance.
B. Maximum height regulations.
The maximum height regulations will be 35 feet nor more than two-stories in height.
C. Area regulations.
1. Minimum size of yards:
(A) Front yard: 25 feet.
(B) Side yard: Eight feet. Adjacent to a side street, 15 feet. Allowable non-residential
uses, 25 feet.
(C) Rear yard: 20 feet.
D. Minimum size of lot:
(A) Lot area: 7,000-square feet.
(B) Lot width: 65 feet.
(C) Lot depth: 100 feet.
E. Minimum dwelling size: 1,200-square feet, exclusive of garages, breezeways, and
porches.
F. Lot coverage: the combined area of the main buildings and accessory buildings may
cover 40 percent of the total area.
G. Two off-street parking spaces shall be provided per dwelling unit.
H. Type of Exterior Construction:
(A) All structures in existence at the time of this ordinance shall be considered
conforming as to the masonry requirements.
(B) Additions to existing homes may be of similar material as the materials of
the existing structures, subject to compliance with current building code
requirements.
(C) All new residential construction shall be as follows: at least 80 percent of
the exterior walls of the first floor of all structures shall be of masonry
construction exclusive of doors, windows, and the area above the top plate
line. Each story above the first floor of a straight wall structure shall be at
least 80 percent masonry exclusive of doors, windows and the area above
the top plate line
I. All residential structures are deemed conforming. Construction of new homes shall
adhere to the regulations as set forth herein.
Existing Conditions Site PlanPD198-SF-729 single family homesExhibit “C”
DEPT: Planning & Economic Development
DATE: October 8, 2002
ITEM #: 9
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. PD-194R AmberPoint Business Park, zoning change request from PD-194-LI
(Planned Development-194-Light Industrial) to PD-194R-LI (Planned Development-194 Revised, Light Industrial)
to attach a Detail Site Plan to allow the construction of a 228,250 square-foot office/warehouse with future
expansion of 161,750-square feet, on approximately 18 acres of property located at the southwest corner of Sandy
Lake Road and Northpoint Drive.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: September 19, 2002
Decision of P&Z Commission: Approved (6-0) with Commissioners Clark, Kittrell, McGahey, Halsey,
Dragon and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
(1) This phase of development shall provide 231 parking spaces. In the event that more parking is needed, it
shall be provided on-site or within the Phase 2 development area. At the time that the second phase of
development is being reviewed, parking analysis shall be based on the parking demand at that time. We
acknowledge the September 19, 2002, notice regarding Staples parking requirement data. (See attached
letter.)
(2) During the second phase of this development, 161,750-square feet, the approximate 1.4-acre tract of
property, south of Northpoint Drive, may be used to fulfill the non-vehicular landscape requirements of
this second phase of development.
(3) A waiver of the 10-foot landscape buffer requirement along the southern property line.
(4) No trees shall be planted along the western property line -- the required 18 trees shall be planted along
the remainder of the perimeter of the site.
(5) The site plan being revised to provide all required parking islands, not allowing for oversized islands to
be counted as more than one island. (CONDITION MET)
PLEASE SEE ATTACHMENT FOR ADDITIONAL CONDITIONS.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @1PD194R 1-AR
AGENDA REQUEST NARRATIVE
CONTINUATION OF CONDITIONS FOR PD-194R
AmberPoint Business Park
6) The balance due to the Reforestation Fund (after agreed-to incentive package) an amount not less than
$8,740, shall be earmarked for the landscaping of the median of Sandy Lake Road, adjacent to and in close
proximity to this site. (CONDITION MET UNDER SEPARATE AGREEMENT)
7) Monument signs shall be located and designed as indicated on the Detail Plan. (CONDITION MET)
Staff recommends approval.
Agenda Narrative Form – Revised 1/99
Dear Mr. Sieb:
sep-19-2002 03:54pm Frooi-STAPLES
Septernber 19, 2002
Mr. Gary L. Sieb
Director of Planning
City of Coppell
225 Parkway Blvd.
PO Box 478
Coppell, TX 75019
Re:Staples North American Delivery, Inc.
Amber Point Business Park
201 S. Northpoint Drive
Coppell, Texas
+508-253-0400 T-557 P. 001/001
Via: Facsimile 9 72-304- 7092
and U.S. Mail
8 E P 1 9 2002
Please allow this letter to serve as notice that the conceptual site, plan for the expansion of the above
referenced building to a maximum of 390,000 square feet contains sufficient parking spaces (300) to
accommodate the associates that will bc working at the premises. If you have any questions, please
direct Them through Jim Gaspard with Transwestem who will communicate with the appropriate
personnel within Staples who can provide direction.
Cc. David Ginther
Item # 6
Page 1 of 6
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-194R, AmberPoint Business Park
P & Z HEARING DATE: September 19, 2002
C.C. HEARING DATE: October 8, 2002
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: Southwest corner of Sandy Lake Road and Northpoint Drive.
SIZE OF AREA: Approximately 17.9 acres of property.
CURRENT ZONING: PD-194-LI (Planned Development-194-Light Industrial).
REQUEST: PD-194R-LI (Planned Development-194 Revised-Light Industrial)
approval of a Detail Plan to allow for the development of a 228,250
square-foot office/warehouse with future expansion of approximately
161,750-square feet.
APPLICANT: Applicant: Engineer:
APBP, LLC Halff Associates
c/o AmberJack, Ltd. 8616 Northwest Plaza Dr.
Transwestern Commercial Services Dallas, TX 75225
5001 Spring Valley Road 214-346-6200
Suite 600W FAX: 214-739-0095
Dallas, TX 75244
972-774-2544
FAX: 972-991-4247
Architect: Landscape Architect:
O’Brien & Associates David C. Baldwin
5310 Harvest Hill Road, Suite 136 5744 Richmond Ave.
Dallas, TX 75230 Dallas, TX 75206
972-788-1010 214-821-8100
FAX: 972-788-4828 FAX: 214-824-5562
Item # 6
Page 2 of 6
HISTORY: In November 2001 City Council approved PD-194 to allow for the
development of six buildings, totaling approximately 1,775,600-square
feet, on 110 acres of property, which would be served by an 8.6-acre
detention pond in the southeast corner of the site (adjacent to Wagon
Wheel Park and State Road). The following variations to the Zoning
Ordinance are approved as part of the Planned Development: Multiple
monument signs, including entry features at Royal Lane and Sandy Lake
Road, variances to the Tree Mitigation requirements, variances to the
Perimeter Landscape Requirements and the provision of a living screen in
lieu of a wall. A Detail Plan of the first phase of development containing
108,000-square feet and a final plat on the subject tract were also
approved at that time.
TRANSPORTATION:Sandy Lake Road is an existing two-lane roadway. The Thoroughfare Plan
shows Sandy Lake Road as a C4D/6 four-lane divided thoroughfare
in a right-of-way containing 110’ of dedication (adequate for a six-
lane divided thoroughfare). Improvements to this roadway are
scheduled for completion by the end of 2005. Northpoint Drive has
recently been constructed as a two-lane, undivided thoroughfare
within a 60’ right-of-way.
SURROUNDING LAND USE & ZONING:
North -vacant; LI (Light Industrial)
South -Existing 108,000 square-foot industrial building (unoccupied); PD-
194-LI (Planned Development-194, Light Industrial)
East - vacant, LI (Light Industrial)
West - Existing warehouse (Four Seasons), LI (Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
light industrial/showroom uses.
DISCUSSION: The applicant desires detail site plan approval to allow for
the construction of a 228,250 square-foot building for
Staples Fulfillment Center. Staples intends to consolidate
their existing facilities in Coppell into this building. Staples
has a very aggressive development schedule, whereas they
plan to occupy this building in the spring of next year.
Ultimate plans include an expansion within the next several
years of an additional 161,750-square feet for a total of
390,000-square feet of office/warehouse space for this user.
Architecturally, this building will be similar to the first
building in AmberPoint, with stone veneer to accent the
main entrance, facing the newly constructed Northpoint
Drive. This plan also includes a 192 square-foot security
Item # 6
Page 3 of 6
building to be located in close proximity to the northern
entrance of this site. To meet the 80% masonry
requirement, this building will have a simulated stone
veneer to match the architectural feature at the main
entrance. There are several issues with this development
proposal that will be addressed in virtue of this being a PD.
Parking
The first issue is the provision of parking. Per Section 12-
31-6.18 of the Zoning Ordinance, parking for warehouse is
required as follows:
“One parking space for each employee on the
maximum working shift plus space to accommodate
all trucks and other vehicles used in connection
therewith, but not less than one parking space for
each 1,000 square feet of floor area.”
Parking for office is required at a ratio of one space per
300-square feet. Therefore, under these provisions, 253
spaces would be required. This applicant is requesting to
provide 22 spaces less than would be required. Attached to
this Staff Report is a letter from Staples stating that in this
phase of development, only 231 parking spaces are needed
to fill the needs of the employees. If additional parking is
needed during this phase, it can easily be accommodated
on-site, as an alternative to some of the truck courts and/or
in the expansion area to the north. However, when the next
phase of expansion is submitted for review, the employee
count will again be analyzed to assure that all the needed
parking is provided on-site.
Landscaping
There are also several deviations from the landscaping
requirements of the zoning being requested. First, the
landscape plan indicates the non-vehicular landscaping will
be provided adjacent to the northern end of the building,
facing Sandy Lake Road, within a 60-foot wide landscaped
area. This area will be landscaped with Bur Oak trees and
with the preservation of existing trees. However, once the
anticipated expansion is constructed, this landscaped area
will be replaced with a 161,000 square-foot building. As
part of the original PD negotiations, the alignment of
Northpoint Drive was adjusted to preserve a grove of
hardwood trees, south of this road. The resultant 1.4-acre
tract will perpetually remain an undeveloped/wooded area,
and therefore, in virtue of this being a PD, we can allow for
Item # 6
Page 4 of 6
this acreage to be used to fulfill the non-vehicular
landscape requirements when the second phase of this
building is constructed.
Perimeter Landscaping
The second landscape issue relates to perimeter landscaping.
Along the west property line, at the request of the City, there
will not be any trees allowed due to the 30 foot wide utility
easement containing a 30” water line serving Wagon Wheel
Park.. These required trees have been provided along the
other three sides of this site. Specifically, along Sandy Lake
Road and Northpoint Drive, there will be 20-foot landscape
buffer with berms and a combination of 6-caliper inch Live
Oak and Red Oak trees planted approximately 25’ on-center.
This perimeter landscaping is a continuation of the
landscaping provided adjacent to the first phase of this
development.
Along the southern property line, adjacent to the existing
building, the applicant is requesting a waiver of the 10’ buffer
requirement on this site. When the site plan was approved for
the first building, this property was one lot; however, now
that this lot is being subdivided into two, 10 feet of
landscaped area is required on both sides of this lot line.
This request is to allow for the 10 feet of landscaping to be
provided on the adjacent (existing) site to serve both lots. If
both buildings were developed on one lot, no buffer would be
provided; therefore, this 10 feet with 6-caliper inch Live Oaks
will provide a reasonable buffer between these two buildings.
As part of this PD, the applicant is also requesting a deviation
from the method in which landscaped islands are calculated.
Sec. 12-34-8(B).3 Minimum requirements for off-street
parking and vehicular use areas states the following:
“…Such planting islands shall have a minimum area
of 150 square feet and a minimum width of nine
feet…”.
The applicant is requesting that if the landscape island
exceeds the minimum of 150-square feet by sufficient square
footage, that this island may be counted for two to three
islands, i.e., a 450 square-foot island would account for three
islands. The purpose of this request is to save Post Oak trees
along the southern property line. While conceptually this
appears reasonable, unfortunately in practice, trees, which
have been attempted to be preserved by this method, die and
the City is left with a deficit in number of parking islands.
Item # 6
Page 5 of 6
Staff is recommending that the required landscaped islands be
provided on this site.
Tree Mitigation
The final landscape issue relates to tree mitigation. During
the initial approval of this PD, mitigation issues were partially
addressed through the planting of additional trees, as well as
increasing the caliper of the trees from 3” to 6” for the first
building. Similar concessions are included in this phase of
development. However, even with these additional plantings
and increase in caliper size, given the amount of trees that
will be lost through this development, an additional $33,200
is due the Coppell Reforestation and Natural Areas Fund.
The City and Staples have entered into an incentive
agreement that will partially off-set this mitigation cost.
However, it is recommended that the remaining monies, due
the Reforestation Fund, which are estimated to be $8,740, be
ear-marked for the landscaping of the median of Sandy Lake
Road, adjacent to and in close proximity to this site. The
scheduled completion date for the improvements to Sandy
Lake Road is December 2005. The planting of trees in this
location will benefit the City, as well as enhances the entry to
this development.
The final issues relating to this development are the proposed
monument signs. As part of the approved Concept Site Plan
for this PD, specific locations and design criteria
monument signs were designated. As part of this Detail
Plan approval, they are requesting that the permitted sign
on Northpoint Road be relocated to be 75 feet from the
southern property line. The approved Concept Plan
indicated this sign to be approximately midway between
Sandy Lake Road and the existing building. The PD also
specified the lettering on the sign as black letters, this
submittal indicates red letters (Staples logo colors), this
would also be a revision to the PD. Staff is in support of
new location and proposed color of this sign.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of PD-194R, Detail Plan for Staples
subject to the following conditions:
(1) This phase of development shall provide 231 parking spaces. In the
event that more parking is needed, it shall be provided on-site or
within the Phase 2 development area. At the time that the second
phase of development is being reviewed, parking analysis shall be
based on the parking demand at that time.
Item # 6
Page 6 of 6
(2) During the second phase of this development, 161,750-square feet,
the approximate 1.4-acre tract of property, south of Northpoint
Drive, may be used to fulfill the non-vehicular landscape
requirements of this second phase of development.
(3) A waiver of the 10-foot landscape buffer requirement along the
southern property line.
(4) No trees shall be planted along the western property line -- the
required 18 trees shall be planted along the remainder of the
perimeter of the site.
(5) The site plan being revised to provide all required parking islands,
not allowing for oversized islands to be counted as more than one
island.
(6) The balance due to the Reforestation Fund (after agreed-to
incentive package) an amount not less than $8,740, shall be
earmarked for the landscaping of the median of Sandy Lake Road,
adjacent to and in close proximity to this site.
(7) Monument signs shall be located and designed as indicated on the
Detail Plan.
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Letter from Staples dated September 4, 2002
2) Site Plan
3) Concept Plan
4) Elevations
5) Landscape Plan
Cc: David Ginther
Sep-04-2002 04:38pm From-STAPLES
September 4, 2002
Mr. Gary L. Sieb
Director of Planning
City of Coppell
225 Parkway Blvd. PO
Box 479
Coppell, TX 75019
Re.-Staples North American Delivery, Inc.
Amber Point Business Park
201 S. Northpoint Drive
Coppell, Texas
+508-253-0408 T-51 9 p -co I /001 F-449
Yia: Facsimile 972-304-7092
and U.& Mail
Dear Mr. Sieb,
Please allow this letter to serve as notice that the current site plan presented for approval with the City of Coppell
for the above referenced building contains sufficient parking spaces (231) to accommodate the associates that will
be working at the premises. If you have any questions, please direct them through Jim Gaspard with Transwestem
who will communicate with the appropriate personnel within Staples who can provide direc6on.
DEPT: Planning & Economic Development
DATE: October 8, 2002
ITEM #: 10
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of the AmberPoint Business Park, Lots 1A and 1B, Block A, Replat, to subdivide Lot 1,
containing 36.12 acres, into two lots to allow for the construction of a 228,250 square-foot office/warehouse with
future expansion of an additional 161,750-square feet, on Lot 1A, containing 17.9 acres of property and a 308,000
square-foot office warehouse on Lot 1B, containing 18.21 acres of property located at the southwest corner of
Sandy Lake Road and Northpoint Drive.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: September 19, 2002
Decision of P&Z Commission: Approval (6-0) with Commissioners Clark, Kittrell, McGahey, Halsey,
Dragon and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following condition:
1) The title block being revised to read as follows:
“Being a Replat of Lot 1, Block A of the AmberPoint Business Park into
Lots 1A and 1B, Block A”. (CONDITION MET)
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @2APBPrpl 1-AR
Item # 7
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: AmberPoint Business Park,
Lots 1A and 1B, Block A,
Replat
P & Z HEARING DATE: September 19, 2002
C.C. HEARING DATE: October 8, 2002
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: Southwest corner of Sandy Lake Road and Northpoint Drive.
SIZE OF AREA: Approximately 36.12 acres of property.
CURRENT ZONING: PD-194-LI (Planned Development-194-Light Industrial).
REQUEST: Replat of Lot 1, Block A into Lot 1A, containing 17.91 acres and Lot
1B containing 18.21 acres.
APPLICANT: Applicant: Engineer:
APBP, LLC Halff Associates
c/o AmberJack, Ltd. 8616 Northwest Plaza Dr.
Transwestern Commercial Services Dallas, TX 75225
5001 Spring Valley Road 214-346-6200
Suite 600W FAX: 214-739-0095
Dallas, TX 75244
972-774-2544
FAX: 972-991-4247
HISTORY: In November 2001, City Council approved a preliminary plat for
Lots 1 and 2, Block A, AmberPoint Business Park and the
extension of Northpoint Drive, subdividing approximately 108.90
Item # 7
Page 2 of 3
acres of property into two separate lots on either side of the
Northpoint Drive extension. City Council gave the Planning and
Zoning Commission the authority to approve the Final Plat for this
property, which occurred on November 15, 2001. This approval
allowed for the development of a 108,000 square-foot
office/warehouse building on this tract. The current request is to
subdivide Lot 1 into two lots.
TRANSPORTATION:Sandy Lake Road is an existing two-lane roadway. The Thoroughfare Plan
shows Sandy Lake Road as a C4D/6 four-lane divided thoroughfare
in a right-of-way containing 110’ of dedication (adequate for a six-
lane divided thoroughfare). Improvements to this roadway are
scheduled for completion by the end of 2005. Northpoint Drive has
recently been constructed as a two-lane, undivided thoroughfare
within a 60’ right-of-way.
SURROUNDING LAND USE & ZONING:
North -vacant, LI (Light Industrial)
South -Wagon Wheel Park, LI (Light Industrial)
East - vacant, R (Retail), PD-109-SF9 (Single Family, Oak Bend Addition),
and LI (Light Industrial)
West - vacant, existing warehouse (Four Seasons), LI (Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
light industrial/showroom uses.
DISCUSSION: As mentioned in the History Section, this property was
platted last year as a 36.12-acre lot to allow the
construction of the first building in this business park. This
same lot is now being replatted into two, to allow for the
second building to be constructed. The existing building is
located on Lot 1B, which contains 18.21 acres. The second
building is proposed to be constructed on Lot 1A, which
contains 17.91 acres. Staples Fulfillment Center will
occupy this proposed 228,250 square-foot building, with a
potential expansion area of 161,750-square feet.
This plat provides for all needed fire lanes and utility
easements; therefore, approval is recommended subject to
the title block being revised to read as follows: “Being a
Replat of Lot 1, Block A of the Amberpoint Business Park
into Lots 1A and 1B, Block A”.
Item # 7
Page 3 of 3
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the Replat of AmberPoint Business Park,
Lots 1A and 1B, Block A, subject to:
1. The title block being revised to read as follows:
“Being a Replat of Lot 1, Block A of the Amberpoint Business Park into Lots 1A
and 1B, Block A”.
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
1) Replat of AmberPoint Business Park, Lot 1A and 1B.
DEPT: Planning & Economic Development
DATE: October 8, 2002
ITEM #: 11
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of the Stratford Manor, Lot 10, Block B, Replat, to revise the 15-foot building and fence line to
a 15-foot building line, allowing the placement of a fence within 15 feet of the side property line on 0.41 acres of
property located at 638 Stratford Lane.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: September 19, 2002
Decision of P&Z Commission: Approval (6-0) with Commissioners Clark, Kittrell, McGahey, Halsey,
Dragon and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) Any fence constructed will possess the same type architectural elements as the
fence on the north side of Prince Edward Lane (brick columns with decorative
metal inserts).
2) The fence will observe the same general setbacks as the existing north side
fence of approximately 7-8 feet behind the existing sidewalk.
3) Signature blocks need to be updated to reflect TXU Gas and Oncor Energy,
and AT&T Broadband. (CONDITION MET)
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @3StratfordRPL 1-AR
Item # 8
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: STRATFORD MANOR, LOT 10, BLOCK B
REPLAT
P & Z HEARING DATE: September 19, 2002
C.C. HEARING DATE: October 8, 2002
STAFF REP.: Gary L. Sieb, Planning Director
LOCATION: 638 Stratford Lane.
SIZE OF AREA: Approximately 0.41 acres of property.
CURRENT ZONING: PD-161-SF-12 (Planned Development-161-Single Family-12).
REQUEST: Replat approval to revise the 15-foot building and fence line to a 15-
foot building line only.
APPLICANT: Brentwood Builders
P.O.Box 702468
Dallas, TX. 75370
(972) 248-2250
HISTORY: There has been no recent history on the subject property although the
entire subdivision was involved in a development issue related to the
30 foot no fill/build easement along a portion of the east end of this
subdivision, including this lot.
TRANSPORTATION:All streets are residential roadways built to standard (27 feet wide) in a 50
foot right-of-way.
SURROUNDING LAND USE & ZONING:
Item # 8
Page 2 of 3
North- single-family structure; PD-161- SF-12
South -single-family structure; PD-161- SF-12
East - single-family structure; PD-161- SF-12
West - single-family structure; PD-161- SF-12
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
single-family uses.
DISCUSSION: When this area of Coppell was initially developed, and the
Stratford Manor subdivision was zoned and platted, there
was considerable discussion regarding a buffer between
this subdivision and Cambridge Manor to the east. Final
resolution required a 30 foot no build/fill area on lots
immediately adjacent to the rear property line of several
Cambridge Manor houses. This lot includes that no build
easement on its east side.
This applicant does not debate that fact, but requests
removal of a plat note requiring a 15 foot building and
fence line on the north property boundary. It is our
understanding that the applicant wishes to build a fence
within this 15 foot area, similar to the fenced property north
and across the street from this lot. Because the house on
that north property currently has a fence in this same
general location, the fact that we have received support for
this request from the immediate neighborhood, and the fact
that our on-site inspection determined no safety issues are
apparent, staff concludes that this request has merit.
Coupled with the comment from the applicant that the
fence will be decorative metal with brick columns (again,
similar to the property across the street) staff supports this
request.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends approval of this request with the understanding that any
fence constructed will posses the same type architectural elements as the
fence on the north side of Prince Edward Lane (brick columns with
decorative metal inserts). In addition, the fence will observe the same
general setbacks as the existing north side fence of approximately 7-8 feet
behind the existing sidewalk. Finally, signature blocks need to be updated to
reflect TXU Gas and Oncor Energy, and ATT Broadband.
Item # 8
Page 3 of 3
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
(1) Replat Document
DEPT: Planning & Economic Development
DATE: October 8, 2002
ITEM #: 12
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of the Coppell First Assembly of God, Site Plan, request to allow a 1,558 square-foot expansion
to the existing 29,488 square-foot church facilities, and the addition of 24 new parking spaces on 6.03 acres of
property located at 200 S. Heartz Road.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: September 19, 2002
Decision of P&Z Commission: Approval (6-0) with Commissioners Clark, Kittrell, McGahey, Halsey,
Dragon and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) Maximum height of monument sign is 4 feet and additional signage information is needed
(lighting, font style and size, etc.). (CONDITION MET)
2) No wall construction will be allowed within City’s right-of-way.
3) Dimension length of all colonnade walls. (CONDITION MET)
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @4CoppellFAofGodSP 1-AR
Item #9
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: COPPELL FIRST ASSEMBLY OF GOD
SITE PLAN
P & Z HEARING DATE: September 19, 2002
C.C. HEARING DATE: October 8, 2002
STAFF REP.: Gary L. Sieb, Planning Director
LOCATION: 200 S. Heartz Road.
SIZE OF AREA: Approximately 6.03 acres of property.
CURRENT ZONING: SF-12 (Single Family-12).
REQUEST: Site Plan approval to expand an existing church by 1,558 square feet
and add 24 new parking spaces.
APPLICANT: Blake Architects (Architect) and Rodney Collver (church pastor)
Skip Blake
1202 S. White Chapel Road, Ste. A
Southlake, TX. 76092
(817) 488-9397
Fax: (817) 251-3205
HISTORY: There has been no recent development history on the subject
property, although a 35 lot single-family subdivision (Westbury
Manor) has been completed north of the subject property over the
past three years.
Item #9
Page 2 of 3
TRANSPORTATION:Heartz Road is a C2U two-lane undivided roadway built to standard in a 50
foot right of way.
SURROUNDING LAND USE & ZONING:
North - Single family residential; PD-166-SF-7
South -Single-family residential; SF-7
East - Single-family residential- SF-7
West - Single-family residential; SF-7
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for a
variety of institutional uses including a church.
DISCUSSION: This is a pretty straight-forward request in that a church
already exists on the subject property. Currently consisting
of roughly 30,000 square feet, this application requests an
addition of a porte cochere, a new rotunda, a breezeway
connecting the main church to an existing 11,000 square foot
building to its rear, and colonnade walls for architectural
interest. In addition, minor landscaping changes and parking
alterations are being proposed for the site.
Although we generally discourage painted brick and prefer
the natural colors suggested by the CIVIC Report, in this case
we support the applicant proposal. Because there are three
existing buildings on site composed of brick veneer and tilt
wall construction, painting them all the same color will
provide unity to the entire site and better define the church
itself. Because the applicant has chosen a medium gray for
the main color with white trim, staff feels these colors will
add character to the buildings and improve the appearance of
the church facilities to the surrounding residential
neighborhood.
Additional information regarding signage is needed. For
example, the maximum height for the sign is 4 feet. The sign
exhibit suggests a height greater than 4 feet. In addition,
lighting source and sign letter details(color, font size, etc.)
need to be provided.
Presentation exhibits also indicate a variable height tapered
brick wall extending into the right of way. Plans need to be
altered to remove any wall or structural construction from the
public row.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Item #9
Page 3 of 3
Staff recommends approval of this request subject to the following
conditions:
- maximum height of monument sign is 4 feet and
additional signage information is needed
(lighting, font style and size, etc.)
- no wall construction will be allowed within City’s
row.
- dimension length of all colonnade walls
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Site Plan
2) Landscape Plan
3) Elevations
4) Irrigation Plan
5) Staff comments (Engineering)
DEVELOPMENT REVIEW COMMITTEE
ENGINEERING COMMENTS
ITEM:Coppell First Assembly of God, Site Plan, request to allow a 1,558 square
foot expansion to the existing 29,488 square-foot church facilities, and the
addition of 24 new parking spaces on approximately 6.03 acres of property
located at 200 S. Heartz Road, at the request of Rodney Collver, Coppell
First Assembly of God.
STAFF REP.: Gary Sieb
DRC DATE: August 29, 2002 and September 5, 2002
CONTACT: Teresa M. Turner, E.I.T., Graduate Engineer (972)304-3681
COMMENT STATUS:PRELIMINARY 9FINAL REVISED
AFTER P&Z
1. The existing waterline along Heartz Road should be shown on the site plan.
2. Revise the right-of-way to show the current limits as discussed in the replat
comments.
DEPT: Planning & Economic Development
DATE: October 8, 2002
ITEM #: 13
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of the Coppell First Assembly of God, Replat and Minor Plat, request to replat Lot 1-A, Block
D, of Willowood Addition No. 2 containing approximately 1.9 acres, and a minor plat of approximately 4.13 acres
into a 6.03 acre tract of land to allow for 1,558-square feet of expansion to the existing church facilities and the
addition of 24 new parking spaces at 200 S. Heartz Road.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: September 19, 2002
Decision of P&Z Commission: Approved (6-0) with Commissioners Clark, Kittrell, McGahey, Halsey,
Dragon and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) Show the full 50 feet of right-of-way on Heartz Road. (CONDITION MET)
2) Procure a right-of-way use agreement to allow the existing head-in parking to infringe
upon dedicated City right-of-way along Heartz Road. (NOTE: SCHEDULED FOR OCTOBER 8TH
COUNCIL MEETING.)
3) Determine proper acreage after dedication for Heartz Road (on plat and owners certificate).
(CONDITION MET)
4) Remove “filed” comment from volume and page notation.
5) Label the fire lane as a 24-foot fire lane easement. (CONDITION MET)
6) Black line prints required.
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @5CoppellFAofGodRPLMP 1-AR
Item # 10
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: COPPELL FIRST ASSEMBLY OF GOD
REPLAT and MINOR PLAT
P & Z HEARING DATE: September 19, 2002
C.C. HEARING DATE: October 8, 2002
STAFF REP.: Gary L. Sieb, Planning Director
LOCATION: 200 S. Heartz Road.
SIZE OF AREA: Approximately 6.03 acres of property.
CURRENT ZONING: SF-12 (Single Family-12).
REQUEST: Approval of 1.9 acre and 4.13 acre parcel into a 6.03 Replat and
Minor Plat to expand an existing church by 1,558 square feet and add
24 new parking spaces.
APPLICANT: Blake Architects (architect) and Rodney Collver (church pastor)
Skip Blake
1202 S. White Chapel Road, Ste. A
Southlake, TX. 76092
(817) 488-9397
Fax: (817) 251-3205
HISTORY: There has been no recent development history on the subject
property, although a 35 lot single-family subdivision (Westbury
Manor) has been completed north of the subject property over the
past three years.
Item # 10
Page 2 of 3
TRANSPORTATION:Heartz Road is a C2U two-lane undivided roadway built to standard in a 50
foot right-of-way.
SURROUNDING LAND USE & ZONING:
North - Single family residential; PD-166-SF-7
South -Single-family residential; SF-7
East - Single-family residential- SF-7
West - Single-family residential; SF-7
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for a
variety of uses including a church.
DISCUSSION: This plat application is a companion request to the Site
Plan submittal for the First Assembly of God, and
combines two parcels into one plat. There are technical
problems still existing, which must be corrected before it is
ready for filing. They are generally addressed in the staff
recommendations section. Of more specific concern is the
issue of Heartz Road right of way (this plat needs to show a
full 50 foot right of way) and the infringement of church
parking stalls into it on the west side of the church
property. Although existing parking penetrates into the
right of way, the church has had parking at this location for
a number of years and needs it to meet parking demand.
The City is willing to enter into a right of way use
agreement that would allow the parking to remain.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends approval of the application subject to the following
conditions:
-show the full 50 feet of right of way on Heartz Road
-procure a right of way use agreement to allow the existing head-in
parking to infringe upon dedicated city right of way along Heartz
Road.
-determine proper acreage after dedication for Heartz Road (on plat and
owners certificate)
-remove “filed” comment from volume and page notation
-label the fire lane as a 24 foot fire lane easement
ALTERNATIVES:
1) Recommend approval of the request.
Item # 10
Page 3 of 3
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS
1) plat document
2) Right-of-Way dedication instrument of 1984
3) Staff comments (Engineering)
DEVELOPMENT REVIEW COMMITTEE
ENGINEERING COMMENTS
ITEM:Coppell First Assembly of God, Replat and Minor Plat, request to replat
Lot 1-A, Block D of Willowood Addition No. 2 containing approximately
1.9 acres, and a minor plat of approximately 4.13 acres into a 6.03 acre
tract of land to allow for 1,558 square-feet of expansion to the existing
church facilities and the addition of 24 new parking spaces at 200 S.
Heartz Road, at the request of Peiser Surveying Co.
STAFF REP.: Gary Sieb
DRC DATE: August 29, 2002 and September 5, 2002
CONTACT: Teresa M. Turner, E.I.T., Graduate Engineer (972)304-3681
COMMENT STATUS:PRELIMINARY 9FINAL REVISED
AFTER P&Z
Dallas County records indicate that there was a right-of-way dedication in 1985 therefore,
Heartz Road has a 50’ right-of-way the entire length of the property. Engineering will be
bringing forth a Right-of-Way Use Agreement to City Council on October 8, 2002 to
address the portion of the church parking area that is within the dedicated area.
DEPT: Planning & Economic Development
DATE: October 8, 2002
ITEM #: 14
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of the Angier’s Professional Building, Site Plan, request to allow the development of two
medical office buildings containing a total of 12,464-square feet, on 1.44 acres of property located along the south
side of Belt Line Road, approximately 1,700 feet east of MacArthur Boulevard.
GOAL(S):
D
EXECUTIVE SUMMARY:
Date of P&Z Meeting: September 19, 2002
Decision of P&Z Commission: Approved (6-0) with Commissioners Clark, Kittrell, McGahey, Halsey,
Dragon and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) More clearly delineate the Phase Line on the site plan. (CONDITION MET)
2) Removal of the portion of the shrubs shown along the west side of the buildings
located within the 15’ Hike & Bike Trail easement. (CONDITION MET)
3) Provision of the required 10’ landscape buffer east of the southernmost and
northernmost row of parking, in accordance with Section 12-34-8.C
(Perimeter Landscaping). (CONDITION MET)
4) Compliance with the 10’ side yard setback where the dumpster enclosure is
currently proposed to be placed, as required by Section 12-25-3 (1.B) (Light
Industrial-Area Regulations).
5) Revisions to the monument sign, eliminating the internal illumination and
plastic face as required by Section 12-29-4.2 (A) (Sign Regulations-Monument Signs).
(CONDITION MET)
PLEASE SEE ATTACHMENT FOR ADDITIONAL CONDITIONS.
IR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @6Angier’sProfBldgSP 1-AR
AGENDA REQUEST NARRATIVE
CONTINUATION OF CONDITIONS FOR
Angier’s Professional Building, Site Plan
6) Provision of an alternative low-maintenance monument sign, which will
provide an attractive manner in which individual businesses can be added to or
removed from the sign with ease. (CONDITION MET)
7) Provision of calculations which ensure the building elevations and carports
comply with the 80% masonry requirements as outlined in Section 12-25-5
(Type of Construction). (CONDITION MET)
8) Revisions to the Landscape Calculations which indicate that a total of 35 over-story
trees are required; 20 Perimeter Trees, 12 Interior Trees, and 3 Non-Vehicular Open
Space Trees. (CONDITION MET)
9) Provision of two (2) additional over-story trees (min. 3-caliper inches) or the
substitution of the ornamental trees, such as a Yaupon Holly or Crape Myrtle,
with over-story trees. (CONDITION MET)
10) Revision to all planting islands to measure a minimum of 150-square feet and a
minimum width of nine (9) feet, in compliance with Section 12-34-8 (B.3)
(Minimum Requirements for Off-Street Parking and Vehicular Use Area). (CONDITION MET)
11) Substitution of some of the Cedar Elms and/or Live Oaks located at the extreme
front of the property with Chinese Pistache trees, providing a level of consistency
among the three contiguous office projects within the Sherrill Acres Addition. (CONDITION MET)
12) Provide the required perimeter landscaping along the south property line in
conjunction with the development of Phase I.
Staff recommends approval.
Agenda Narrative Form - Revised 1/99
Item # 11
Page 1 of 6
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: ANGIER’S PROFESSIONAL BUILDING
SITE PLAN
P & Z HEARING DATE: September 19, 2002
C.C. HEARING DATE: October 8, 2002
STAFF REP.: Andrea Roy, City Planner
LOCATION: Along the south side of Belt Line Road, approximately 1,700 feet
east of MacArthur Boulevard.
SIZE OF AREA: Approximately 1.44 acres of property.
CURRENT ZONING: LI (Light Industrial).
REQUEST: Site Plan approval for the construction of two medical office
buildings, totaling 12,464-square feet.
APPLICANT: Developer: Engineer:
Jan Angier, D.D.S. Randall P. Pogue, P.E.
c/o Fred R. Sutton Pogue Engineering
Real Estate Services 2111 Eldorado Pkwy. Suite 101
1512 Danube Lane McKinney, TX 75070
Plano, TX 75075 Phone: (214) 544-8880
Phone: (972) 423-2758 Fax: (214) 544-8882
Fax: (972) 423-9310
HISTORY: On April 11, 2000, City Council approved a preliminary plat for three
(3) lots known as Sherrill Acres, totaling 4.5121 acres. Also at this
time, site plan approval was granted for the now existing Sherrill
Veterinary Clinic situated east of the subject property. Because the
layout of the proposed lots within this subdivision has been revised
since the approval of the preliminary plat, the subject property will
occupy a portion of both Lots 2 and 3, creating Lot 2B.
Item # 11
Page 2 of 6
TRANSPORTATION: East Beltline Road is a P6D six-lane divided major thoroughfare built
within a 120’ wide right-of-way.
SURROUNDING LAND USE & ZONING:
North- Railroad, Stoneleigh at Riverchase Apartments; MF-2 (Multi-family)
South -Archon Apartments; PD-162-MF-2 (Planned Development Multi-family)
East - Vacant (currently proposed for medical office); LI (Light Industrial)
West - Blooming Colors Nursery; LI (Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
light industrial/showroom uses.
DISCUSSION: The applicant is requesting Site Plan approval for the development of two
medical office buildings, totaling 12,464-square feet on 1.4443 acres of
property. The project is proposed to be constructed in phases; Phase 1 will
include the 6,115 square-foot northernmost building, which will
immediately be occupied by Dr. Angier, while Phase II will include the
6,218 square-foot southernmost building. Completion of Phase II will
occur once occupancy of the lease space is ensured; an uncertain date at
this time.
The Phase I building will be served by 44 parking spaces, exceeding the
35 required spaces for a dental/medical office. The remaining proposed 27
spaces will be provided with the construction of Phase II. While the
applicant has denoted the parking areas that will be constructed with
Phase I or II, staff would request that the applicant more clearly delineate
the Phase Line on the site plan.
Because the proposed site will be developed in phases, staff should note
that a time limit exists on the validity of the site plan. Per Section 12-39-
2.4 (Review of Site Plans-Expiration) of the Zoning Ordinance, “Site Plan
approval shall be valid for two years following the most recent date of
City Council approval.” The applicant is aware of the time limitations
associated with the plan.
The undeveloped site itself possesses several obstacles which must be
addressed with the design and development of the project. First, the
property contains a 15’ hike and bike easement along the entire west
property line, which cannot be landscaped or built upon. This increases
the required side yard setback from the standard 10’ to 15’, causing the
building to be placed further into the site and forcing the required
perimeter landscaping to be placed within the already limited site area.
The applicant has not placed any trees within this area; however, a portion
Item # 11
Page 3 of 6
of shrubs shown along the west side of the buildings remains within the
easement and must be removed.
Second, the property must provide shared access to both properties to the
east, as well as to Blooming Colors Nursery immediately to the west. This
requires a significant level of pavement to be constructed beyond that
which would typically be necessary to serve the on-site medical offices.
To provide shared access to the east, the applicant has designed the site so
that the shared driveway runs the entire length of the east property line, again
causing the perimeter landscaping to be shifted to the interior of the site. The
required 10’ landscape buffer along the east property line has been provided
adjacent to the easternmost row of parking. However, where shared access
is not present, the 10’ landscape buffer must exist along the east property
line. Therefore, a 10’ landscape buffer must be located east of the
southernmost and northernmost row of parking where there is currently
none.
Compliance with the 10’ side yard setback and the provision of a 10’
landscape buffer will also cause the relocation of the dumpster enclosure,
which is currently proposed to be placed immediately adjacent to the side
property line. If an alternate location cannot be found, staff would
encourage the applicant to fully consider the necessity of a dumpster for
this use. A dumpster is not required by the Zoning Ordinance and a refuse
pick-up can often be managed through different means.
A 32 square-foot monument sign is proposed to be located along Belt Line
Road. While staff supports the red brick structure and stone base, which is
consistent with building materials, the sign does not comply with the
Zoning Ordinance, as it is shown to be internally illuminated with a
plastic face and raceway mounted channel letters of painted aluminum.
Staff has included a condition that requires the sign to comply with
Section 12-29-4.2 (A) (Sign Regulations-Monument Signs) of the Zoning
Ordinance. Additionally, staff is concerned with the allotment of six
names to be shown on the sign. This design would produce a sign which
may not appear to be complete for a lengthy time, depending on the timing
of Phase II of the project, with no guarantee there would ever be six
tenants within the development. Historically, previous monument signs
constructed in this manner have become a maintenance issue and
eventually an attractive nuisance. In addition, the size of the letters is very
small, making the names extremely difficult to read. Staff recommends the
applicant provide an alternative low-maintenance monument sign, which
will provide an attractive manner in which individual businesses can be
added to or removed from the sign with ease. The proposed attached
signage will consist of 8” painted aluminum letters placed above the
building entrances.
Item # 11
Page 4 of 6
Architecture
The proposed building will be one-story, measuring approximately 10½’
to the eave and 23’ to the peak. The primary building material will be red
brick, with cultured and cast stone accents around windows and doors and
at the water table. The roof will be composition shingle with standing
seam metal pseudo dormers.
Based on staff review, the amount of cultured stone appears to represent
more than 20% of the exterior materials on some or all elevations. To
ensure compliance with the 80% masonry requirements as outlined in
Section 12-25-5 Type of Construction of the Zoning Ordinance, staff has
requested that the applicant calculate the percentage of exterior materials
proposed per elevation. If the calculations indicate that non-masonry
materials exceed 20%, revisions to the elevations must be made to reduce
the percentage of non-masonry materials. As determined by the definition
of masonry in the Zoning Ordinance and interpreted by the Building
Official, cast and cultured stone are not considered masonry materials.
While staff supports the building design, which is compatible with and
complimentary to the nearby veterinary office, the quantity of accent
materials could be decreased, if necessary, without modifying the
architectural integrity of the facility.
Landscape Plan
The landscape plan provides a wide variety of plantings and includes a level
of detail that is so often requested by staff. As noted above, both the east and
west required perimeter landscaping is placed within the site, creating limited
viable area for the number of trees required by this application. While the
plan has attempted to meet all landscape requirements, a number of issues
remain outstanding.
Because of the limited open space on the site, the applicant has proposed to
plant numerous ornamental trees along the building perimeter landscape
areas, which are the most appropriate choices. However, the overall number
of overstory trees (minimum 3-caliper inches) is deficient by two as required
by the landscape regulations. The applicant may provide the additional trees
or substitute the ornamental trees, such as a Yaupon Holly or Crape Myrtle,
with overstory trees. Staff would recommend the additional overstory trees
be Elderica Pines or similar conical trees, which are well suited for planting
beds. Staff would also recommend that some of the proposed Cedar Elms
and/or Live Oaks located at the extreme front of the property be substituted
with Chinese Pistache trees, to provide a level of consistency among the
three contiguous office projects within the Sherrill Acres Addition.
Item # 11
Page 5 of 6
Additionally, the landscape tabulations incorrectly indicate the number of
required and provided trees. The plan indicates that the total number of
required perimeter, non-vehicular, and interior trees is 31, where staff
calculations indicate that 35 trees are actually required. Staff has provided a
condition outlining the specific required changes to the calculations.
The parking lot contains deficient landscape islands, which must be revised
in accordance with Section 12-34-8 (B.3) (Minimum Requirements for Off-
Street Parking and Vehicular Use Area) of the Zoning Ordinance, that states
“. . . such planting island shall have a minimum area of 150 square feet and
a minimum width of nine (9) feet.”
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the proposed site plan for Angier’s Professional
Building, subject to the following conditions being met:
1. More clearly delineate the Phase Line on the site plan.
2. Removal of the portion of the shrubs shown along the west side of the buildings
located within the 15’ Hike & Bike Trail easement.
3. Provision of the required 10’ landscape buffer east of the southernmost and
northernmost row of parking, in accordance with Section 12-34-8.C (Perimeter
Landscaping).
4. Compliance with the 10’ side yard setback where the dumpster enclosure is
currently proposed to be placed, as required by Section 12-25-3 (1.B) (Light
Industrial-Area Regulations).
5. Revisions to the monument sign, eliminating the internal illumination and plastic
face as required by Section 12-29-4.2 (A) (Sign Regulations-Monument Signs).
6. Provision of an alternative low-maintenance monument sign, which will provide
an attractive manner in which individual businesses can be added to or removed
from the sign with ease.
7. Provision of calculations which ensure the building elevations comply with the
80% masonry requirements as outlined in Section 12-25-5 (Type of
Construction).
8. Revisions to the Landscape Calculations which indicate that a total of 35 overstory
trees are required; 20 Perimeter Trees, 12 Interior Trees, and 3 Non-Vehicular Open
Space Trees.
9. Provision of two (2) additional overstory trees (min. 3-caliper inches) or the
substitution of the ornamental trees, such as a Yaupon Holly or Crape Myrtle,
with overstory trees.
10. Revision to all planting islands to measure a minimum of 150-square feet and a
minimum width of nine (9) feet, in compliance with Section 12-34-8 (B.3)
(Minimum Requirements for Off-Street Parking and Vehicular Use Area).
11. Substitution of some of the Cedar Elms and/or Live Oaks located at the extreme
front of the property with Chinese Pistache trees, providing a level of consistency
among the three contiguous office projects within the Sherrill Acres Addition.
Item # 11
Page 6 of 6
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Site Plan
2) Landscape Plan
3) Building Elevations w/ Sign Details
Angier Professional Building
1700 Belt Line Rd.
Coppell, TX
0209-125p1
9-30-02
G. Owens
4’-0” x 8’-0” = 32
(1) 20amp 120v circuit required
(As Shown)
DOUBLE-FACE MONUMENT SIGN
SCALE: ¾"= 1'-0"
Construct & Install Using Only U.L. Listed Components
& In Accordance w/ National Electrical Sign Code
N/A08985
Rick Sutton
8’-0”4 ½” 4’-0”2’-0”
ANGIERS DENTAL OFFICE
Angier Professional Building
1700 Belt Line Rd.
Coppell, TX
0209-125p2
9-30-02
G. Owens
4’-0” x 8’-0” = 32
(As Shown)
DOUBLE-FACE MONUMENT SIGN
SCALE: ½”= 1'-0"
N/A08985
Rick Sutton
8’-0”4’-0”2’-0”12”8’-4”2’-0”
C
D
E
SPLIT FACE BLOCK
BRICK TO MATCH BUILDING
12” x 24” x 8’-4” CONCRETE PAD
1/8” FLAT CUT-OUT ALUMINUM PTD. SPRAYLAT #95-901 BLACK; FLUSH STUD MOUNT
CAST STONE CAPA
C
D
E
B
DOUBLE-FACE MONUMENT SIGN
ANGIERS DENTAL OFFICE
A
B
DEPT: Planning & Economic Development
DATE: October 8, 2002
ITEM #: 15
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of the Sherrill Acres, Lot 2B, Block 1, Final Plat, request to allow the development of Angier’s
Professional Buildings, two medical office buildings containing a total of 12,464-square feet on 1.44 acres of
property located along the south side of Belt Line Road, approximately 1,700 feet east of MacArthur Boulevard.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: September 19, 2002
Decision of P&Z Commission: Approved (5-0) with Commissioners Clark, Kittrell, McGahey, Halsey
and Stewart voting in favor. None opposed.
Approval is recommended, with no conditions.
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name:@7SherrillAcresLot2Bfp 1-AR
Item # 12
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: SHERRILL ACRES, LOT 2B, BLOCK 1
FINAL PLAT
P & Z HEARING DATE: September 19, 2002
C.C. HEARING DATE: October 8, 2002
STAFF REP.: Andrea Roy, City Planner
LOCATION: Along the south side of Belt Line Road, approximately 1,700 feet
east of MacArthur Boulevard.
SIZE OF AREA: Approximately 1.44 acres of property.
CURRENT ZONING: LI (Light Industrial).
REQUEST: Final Plat approval for the construction of two medical office
buildings, totaling 12,464-square feet.
APPLICANT: Developer: Engineer:
Jan Angier, D.D.S. Randall P. Pogue, P.E.
c/o Fred R. Sutton Pogue Engineering
Real Estate Services 2111 Eldorado Pkwy. Suite 101
1512 Danube Lane McKinney, TX 75070
Plano, TX 75075 Phone: (214) 544-8880
Phone: (972) 423-2758 Fax: (214) 544-8882
Fax: (972) 423-9310
Surveyor:
Douglas S. Loomis
Survey Consultants, Inc.
811 E. Plano Pkwy., Suite 117
Plano, TX 75074
Phone: (972) 424-7002
Fax: (972) 633-1702
Item # 12
Page 2 of 3
HISTORY: On April 11, 2000, City Council approved a preliminary plat for three
(3) lots known as Sherrill Acres, totaling 4.5121 acres. Also at this
time, site plan approval was granted for the now existing Sherrill
Veterinary Clinic situated east of the subject property. Because the
layout of the proposed lots within this subdivision has been revised
since the approval of the preliminary plat, the subject property will
occupy a portion of both Lots 2 and 3, creating Lot 2B.
TRANSPORTATION:East Beltline Road is a P6D six-lane divided major thoroughfare built within
a 120’ wide right-of-way.
SURROUNDING LAND USE & ZONING:
North- Railroad, Stoneleigh at Riverchase Apartments; MF-2 (Multi-family)
South -Archon Apartments; PD-162-MF-2 (Planned Development Multi-family)
East - Vacant (currently proposed for medical office); LI (Light Industrial)
West - Blooming Colors Nursery; LI (Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
light industrial/showroom uses.
DISCUSSION: The applicant is requesting Final Plat approval for the development of two
medical office buildings, totaling 12,464-square feet on 1.4443 acres of
property. The project is proposed to be constructed in phases; Phase 1
will include the 6,115 square-foot northernmost building, which will
immediately be occupied by Dr. Angier, while Phase II will include the
6,218 square-foot southernmost building. Completion of Phase II will
occur once occupancy of the lease space is ensured; an uncertain date at
this time. All fire lane, mutual access, and utility easements will be
constructed with Phase I to ensure future access to adjacent lots,
regardless of the timing of Phase II construction.
The proposed plat establishes all necessary easements, including the 15’
Hike and Bike Trail easement along the entire west and north property line
and drainage and water easements.
In compliance with conditions of the Sherrill Acres Preliminary Plat, the
subject plat has provided shared access to both properties to the east, as
well as to Blooming Colors Nursery immediately to the west. The
applicant has designed the site so that the shared driveway runs the entire
length of the east property line. Because the property line runs through the
middle of the shared drive, the off-site portion of the fire lane/access
easement will be recorded via the final plat of that property.
Item # 12
Page 3 of 3
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the Final Plat for Sherrill Acres, Lot 2B,
Block 1, subject to the following condition being met:
1. Obtain a letter of intent from the adjacent property owner (4.512-acre tract,
The Frances Group) to extend the 8” waterline of the 12” waterline on
Beltline Road, once the property is developed. (Engineering)
(Note: This condition was met prior to Planning and Zoning
Commission consideration of this request)
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
1) Reduced copy of the Sherrill Acres Preliminary Plat
2) Final Plat
DEPT: Planning & Economic Development
DATE: October 8, 2002
ITEM #: 16
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of the Coppell Pediatric Associates, Site Plan, request to allow the development of a 4,477
square-foot medical office on 0.638 of an acre of property located along the south side of Belt Line Road, 1,870
feet east of MacArthur Boulevard.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: September 19, 2002
Decision of P&Z Commission: Approved (5-0) with Commissioners Clark, Kittrell, McGahey, Halsey
and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) Eliminate reference to Lot 1, Block A, of the Coppell Pediatrics Addition on plan
sheets. (CONDITION MET)
2) Substitute four (4) Yaupon Hollies with two (2) over-story trees or provide two (2)
additional over-story trees. (CONDITION MET)
3) Indicate the proposed monument sign on the Landscape Plan, to ensure there is not
a conflict with the landscape hedge. (CONDITION MET)
4) Indicate the manner in which the proposed monument sign will be externally
illuminated. (CONDITION MET)
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @8CoppellPedAssocSP 1-AR
Item # 13
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: COPPELL PEDIATRIC ASSOCIATES
SITE PLAN
P & Z HEARING DATE: September 19, 2002
C.C. HEARING DATE: October 8, 2002
STAFF REP.: Andrea Roy, City Planner
LOCATION: Along the south side of Belt Line Road, 1,870 feet east of
MacArthur Boulevard.
SIZE OF AREA: Approximately 0.638 acres of property.
CURRENT ZONING: LI (Light Industrial).
REQUEST: Site Plan approval to allow the development of a 4,477 square-foot
medical office.
APPLICANT: Developer: Engineer:
Tammi Schlichtemeier Dale Ridinger
Coppell Pediatric Assoc. Allen & Ridinger Consulting, Inc.
150 S. Denton Tap Road 109 W. Main Street
Suite 116 Lewisville, TX 75057
Coppell, TX 75019 Phone: (972) 353-8000
Phone: (972) 393-8687 Fax: (972) 353-8011
Fax: (972) 393-4675
HISTORY: On April 11, 2000, City Council approved a preliminary plat for three
(3) lots known as Sherrill Acres, totaling 4.5121 acres. Also at this
time, site plan approval was granted for the now existing Sherrill
Veterinary Clinic (Lot 1, Block 1) situated east of the subject
property. Because the layout of the proposed lots within this
Item # 13
Page 2 of 4
subdivision has been revised since the approval of the preliminary
plat, the subject property will occupy a portion of the original Lot 2,
creating lot 2A.
TRANSPORTATION: East Beltline Road is a P6D six-lane divided major thoroughfare built
within a 120’ wide right-of-way.
SURROUNDING LAND USE & ZONING:
North- Railroad, Stoneleigh at Riverchase Apartments; MF-2 (Multi-family)
South -Archon Apartments; PD-162-MF-2 (Planned Development Multi-family)
East - Sherrill Veterinary Clinic; LI (Light Industrial)
West - Blooming Colors Nursery; LI (Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
light industrial/showroom uses.
DISCUSSION: The applicant is requesting Site Plan approval for the development of a
medical office building containing 4,477-square feet, served by 26 parking
spaces as required for a medical office use. Coppell Pediatric Associates
will occupy the proposed building. Access to the property will be
provided via a shared access easement connecting the properties to the
west and east.
Architecture
The proposed building will be one-story, measuring approximately 25’ in
height to the peak. The primary building material will be red brick
(crimson), with buff colored split face concrete accents at the corners and
main entrance to the building. The roof will be constructed of a moss
colored cement shingle, accented with three dormers. The Building
Official has approved this alternative “slate” roofing material for use.
Eaves, gutters, doors and dormers will be painted a buff color to match the
split face accents. The proposed medical building also contains a unique
architectural feature: a small covered planting area located at the front of
the building, next to the main entrance. This feature provides relief to the
building and allows for a variety of additional plantings.
An approximate 32 square-foot monument sign is proposed to be located
along Belt Line Road. The proposed sign will be constructed of a
combination of the same red brick and split face concrete utilized on the
building. Recessed black lettering carved into a precast concrete panel will
Item # 13
Page 3 of 4
provide the business identification. The sign will sit parallel to Belt Line
Road instead of perpendicular, due to limited spacing at the front of the
site. Staff has requested that the applicant indicate the manner in which
the sign will be illuminated, which is not currently shown. The applicant
has indicated that a very small plaque will serve as attached signage and
will likely be placed on a column at the entrance to the facility.
Landscape Plan
The proposed landscape plan fully provides the required interior, perimeter,
and non-vehicular landscape area. In order to address perimeter landscaping
along the western property line, which falls within the mutual access drive,
the applicant has provided the full 10’ landscape buffer between the drive
and the west building wall, as well as adjacent to the west end of all parking
rows. Similar to the adjacent property, Angier’s Professional Building
(presently under consideration), the landscaping is not provided in a
traditional manner. However, it is staff’s interpretation that the design meets
the spirit and intent of the Zoning Ordinance in providing a buffer and relief
between properties. The plan contains minor inaccuracies which staff has
recommended be corrected.
As discussed above, another nontraditional aspect to the landscape plan is the
provision of a small covered planting area located to the east of the building’s
main entrance. Site area limitations and the provision of a shared drive along
the western property line placed design obstacles on the landscape plan,
particularly open space. To address those obstacles, the applicant proposed a
covered planting area, satisfying the landscape area requirements and
maintaining the architectural continuity of the front facade. The covered area
contains a variety of shade-tolerant plantings supported by the City’s
Landscape Manager. It is again staff’s interpretation that this area meets the
spirit and intent of the Zoning Ordinance.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the Coppell Pediatric Associates Site Plan, subject to
the following conditions being met:
1. Eliminate reference to Lot 1, Block A, of the Coppell Pediatrics Addition on
plan sheets.
2. Substitute four (4) Yaupon Hollies with two (2) overstory trees or provide
two (2) additional overstory trees.
Item # 13
Page 4 of 4
3. Indicate the proposed monument sign on the Landscape Plan, to ensure there
is not a conflict with the landscape hedge.
4. Indicate the manner in which the proposed monument sign will be externally
illuminated.
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Site Plan
2) Landscape Plan
3) Building Elevations with sign Detail
DEPT: Planning & Economic Development
DATE: October 8, 2002
ITEM #: 17
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of the Sherrill Acres, Lot 2A, Block 1, Final Plat, request to allow the development of a 4,477
square-foot medical office on 0.638 of an acre of property located along the south side of Belt Line Road, 1,870
feet east of MacArthur Boulevard.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: September 19, 2002
Decision of P&Z Commission: Approved (6-0) with Commissioners Clark, Kittrell, McGahey, Halsey,
Dragon and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) Provision of a 15’ drainage easement, ending just east of the fire lane curve. (CONDITION MET)
2) Revision of the label on the access easement shared with the property owner to the west to read “ Utility
Easement” instead of “ Drainage Easement”. (CONDITION MET)
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @9SherrillAcresLot2Afp 1-AR
Item # 14
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: SHERRILL ACRES, LOT 2A, BLOCK 1
FINAL PLAT
P & Z HEARING DATE: September 19, 2002
C.C. HEARING DATE: October 8, 2002
STAFF REP.: Andrea Roy, City Planner
LOCATION: Along the south side of Belt Line Road, 1,870 feet east of
MacArthur Boulevard.
SIZE OF AREA: Approximately 0.638 acres of property.
CURRENT ZONING: LI (Light Industrial).
REQUEST: Final Plat approval to allow the development of a 4,477 square-foot
medical office.
APPLICANT: Developer: Engineer:
Tammi Schlichtemeier Dale Ridinger
Coppell Pediatric Assoc. Allen & Ridinger Consulting, Inc.
150 S. Denton Tap Road 109 W. Main Street
Suite 116 Lewisville, TX 75057
Coppell, TX 75019 Phone: (972) 353-8000
Phone: (972) 393-8687 Fax: (972) 353-8011
Fax: (972) 393-4675
Surveyor:
Douglas L. Arthur
Arthur Surveying Co., Inc.
220 Elm Street, Suite 200
Lewisville, TX 75067
Phone: (972) 221-9439
Fax: (972) 221-4675
Item # 14
Page 2 of 3
HISTORY: On April 11, 2000, City Council approved a preliminary plat for three
(3) lots known as Sherrill Acres, totaling 4.5121 acres. Also at this
time, site plan approval was granted for the now existing Sherrill
Veterinary Clinic (Lot 1, Block 1) situated east of the subject
property. Because the layout of the proposed lots within this
subdivision has been revised since the approval of the preliminary
plat, the subject property will occupy a portion of the original Lot 2,
creating lot 2A.
TRANSPORTATION: East Beltline Road is a P6D six-lane divided major thoroughfare built
within a 120’ wide right-of-way.
SURROUNDING LAND USE & ZONING:
North- Railroad, Stoneleigh at Riverchase Apartments; MF-2 (Multi-family)
South -Archon Apartments; PD-162-MF-2 (Planned Development Multi-family)
East - Sherrill Veterinary Clinic; LI (Light Industrial)
West - Blooming Colors Nursery; LI (Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
light industrial/showroom uses.
DISCUSSION: The applicant is requesting Final Plat approval for the development of a
the medical office building containing 4,477-square feet on .638 acres of
property. Coppell Pediatric Associates will occupy the proposed building.
The proposed plat establishes all necessary fire lane, mutual access, and
utility easements. Additionally, a 15’ Hike & Bike Trail easement has
been provided for the continuation of the City’s trail system.
Because the west property line runs through the middle of the shared drive,
the off-site portion of the fire lane/access easement will be recorded via the
final plat of that property. Additionally, the final plat request for the adjacent
property, Sherrill Acres, Lot 2B, Block 1, indicates that a 15’ drainage
easement extends into the subject property, ending just east of the fire lane
curve. Staff would request that this easement be shown on the subject plat.
Item # 14
Page 3 of 3
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the Final Plat for Sherrill Acres, Lot 2A,
Block 1, subject to the following conditions being met:
1. Provision of a 15’ drainage easement, ending just east of the fire lane curve.
2. Revision of the label on the access easement shared with the property owner
to the west to read “ Utility Easement” instead of “ Drainage Easement”.
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
1) Reduced copy of the Sherrill Acres Preliminary Plat
2) Final Plat
DATE: October 8, 2002
ITEM #: 18
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork
DATE: October 8, 2002
ITEM #: 19
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Repor t by Mayor Sheehan regarding meeting with State Senator Florence Shapiro.
B. Repor t by Mayor Sheehan regarding Regional Transpor tation Task Force.
C. Repor t by Councilmember Tunnell regarding National League of Cities Community
and Economic Development Steering Committee.
D. Repor t by Councilmember Peters regarding TX 21 Quar terly Meeting.
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork
DATE: October 8, 2002
ITEM #: 20
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork