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CP 2003-08-12 NOTICE OF CITY COUNCIL MEETING AND AGENDA AUGUST 12, 2003 DOUG STOVER, JAYNE PETERS, Place 2 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5 DIANA RAINES, Place 3 THOM SUHY, Place 6 MARSHA TUNNELL, Place 4 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, August 12, 2003, 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. ag081203 Page 1 of 5 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072, Texas Government Code - Deliberation regarding Real Proper ty. 1. Sale of Land West of South Coppell Road and South of Bethel Road. B. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Duties and Obligations of 379A Corporation created under authority of the City of Coppell. WORK SESSION (Open to the Public) 3. Convene Work Session A. Review and Discussion regarding a Policy Statement on Procedures and Authority of the 379A Corporation. B. Distribution of Proposed Work Plan for FY 2004 Council Goals and Objectives. C. Update on Park Board Meeting. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. 5. Pledge of Allegiance. 6. Citizen's Appearances. CONSENT AGENDA 7. Consider approval of the following consent agenda items: A. Consider approval of minutes: July 8 and July 22, 2003. Land Use and Development B. Consider approval of an Ordinance for Case No. PD-181R, Bethel Road Estates, Lot 1 Block 1, zoning change from PD-181-SF-12 (Planned Development-181, Single Family-12) to PD-181R (Planned Development-181, Single Family-12, Revised) to allow for a stucco finish instead of masonr y as required in Section 12-11-5 of the ag081203 Page 2 of 5 ITEM # ITEM DESCRIPTION Zoning Ordinance, on 0.863 of an acre of proper ty located at 260 West Bethel Road, and authorizing the Mayor to sign. C. Consider approval of an Ordinance for Case No. S-1195B, Voice Stream, zoning change from TC (Town Center) to TC-S-1195B (Town Center, Special Use Per mit-1195B), to allow the replacement of an existing 70-foot light pole with an 80-foot light pole, including the placement of 3 flush-mounted telecommunication antennae and equipment building on proper ty located in Andrew Brown Park Central, and authorizing the Mayor to sign. END OF CONSENT 8. PUBLIC HEARING: Consider approval of Case No. S-1208, Everybody Fits, Restaurant (food cour t), zoning change request from C (Commercial) to C-S-1208 (Commercial, Special Use Permit-1208), to allow the operation of an approximate 3,829 square-foot restaurant to be located on the second floor within the existing facility at 200 Fitness Cour t Drive. 9. Consider approval of the Sandy Lake Plaza Medical Building, Lot 1, Block 1, Site Plan, to allow the development of a 30,000 square-foot medical office building on approximately 2.75 acres of proper ty located at the nor thwest corner of Sandy Lake and Moore Roads. 10. Consider approval of the Sandy Lake Plaza Medical Building, Lot 1, Block 1, Minor Plat, to allow the development of a 30,000 square-foot medical office building on approximately 2.75 acres of proper ty located at the nor thwest corner of Sandy Lake and Moore Roads. 11. Consider approval of an Ordinance for Case No. PD-197, Old Coppell Townhomes, zoning change from HO-C (Historic Overlay-Commercial) to PD-197-HO-TH-1/C (Planned Development-197-Historic Overlay- Townhouse-1/Commercial) with a Concept Plan to allow the development of 21 residences, a recreation area and commercial uses on 3.81 acres of proper ty located along the east side of Coppell Road, nor th of Bethel Road, and authorizing the Mayor to sign. 12. Necessary action resulting from Work Session. 13. City Manager's Repor t. A. Repor t on Regional Transpor tation Task Force Final Recommendations. ag081203 Page 3 of 5 ITEM # ITEM DESCRIPTION 14. Mayor and Council Repor ts. A. Repor t by Mayor Stover regarding National Night Out. B. Repor t by Mayor Stover regarding August Chamber Luncheon. C. Repor t by Mayor Stover regarding Budget Hearing. D. Repor t by Mayor Stover regarding the New Teacher Breakfast. E. Repor t by Councilmember Faught regarding the TML Newly Elected Officials seminar. 15. Council Committee Repor ts. A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Suhy. B. Coppell ISD - Councilmembers Raines and York. C. Coppell Seniors - Councilmember York. D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters. E. Economic Development Committee - Mayor Pro Tem Peters and Councilmember Brancheau. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Social Service Center - Councilmember Brancheau. H. Nor th Texas Council of Governments - Councilmember Tunnell. I. NCTCOG - Emergency Management Planning Council - Councilmember Suhy. J. Nor th Texas Commission - Councilmember Tunnell. K. Senior Adult Ser vices - Councilmember Suhy. L. Town Center/Architectural Committee - Councilmember Faught. M. Trinity River Common Vision Commission - Councilmember Faught. N. Trinity Trail Advisor y Commission - Councilmember Raines. 16. Necessary Action Resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor ag081203 Page 4 of 5 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 _________________, 2003, 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. 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. ag081203 Page 5 of 5 KEY TO COUNCIL GOALS ICONS 2002-2003 Economic Development • Ensure Competitiveness in industrial/commercial growth • Emphasize strategically identified properties • Implement Old Town development strategy • Retain excellent commercial/industrial uses • Increase visibility of commercial/industrial development opportunities w/development community Quality Public Facilities & Infrastructure • Maintained with adequate funding • Environmentally sound and appealing landscaping • Anticipate and plan for future needs • User friendly Excellent City Services & High Citizen Satisfaction • Provide timely and accurate information • Rapid Response and resolution • Identify, implement and measure service levels Hometown Feeling • Well-informed citizenry • Participation on boards and commissions, task forces and committees • Foster a family atmosphere • Active citizen involvement as partners • Strong sense of civic pride and identity as Coppell, TX • Encourage inclusiveness Quality Development • Preserve property values • Attract and retain development tenants • Emphasize code enforcement • Maintain community master plan with consideration of impact on city services and infrastructure • Maintain visual appeal Outstanding Leisure & Recreation Amenities & Programs • Maintain quality and safe parks • Inclusive opportunities, activities and facilities • Collaboration w/community groups • Promote and facilitate community events Effective Transportation • Responsive to neighborhood and regional needs and demands • Safe neighborhood streets • Effective traffic movement throughout the community • Evaluate need for regional transportation and determine city's role Safe Community • Safe neighborhoods • Visible and responsive police presence • Public safety education programs • Emphasize and educate for emergency preparedness • Participate in regional security preparation • Provide safe environment for recreation/leisure activities • Partner in school safety DATE: August 12, 2003 ITEM #: ES-2 AGENDA REQUEST FORM EXECUTIVE SESSION A. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Sale of Land West of South Coppell Road and South of Bethel Road. B. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Duties and Obligations of 379A Corporation created under authority of the City of Coppell. CM REVIEW: Agenda Request Form - Revised 10/02 Document Name: %executivesession DATE: August 12, 2003 ITEM #: WS-3 AGENDA REQUEST FORM WORK SESSION A. Review and Discussion regarding a Policy Statement on Procedures and Authority of the 379A Corporation B. Distribution of Proposed Work Plan for FY 2004 Council Goals and Objectives. C. Update on Park Board Meeting. D. Discussion of Agenda Items. CM REVIEW: Agenda Request Form - Revised 10/02 Document Name: %worksession DATE: August 12, 2003 ITEM #: 6 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: August 12, 2003 ITEM #: 7/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of minutes: July 8, 2003 July 22, 2003. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %minutes CM070803 Page 1 of 12 MINUTES OF JULY 8, 2003 The City Council of the City of Coppell met in Regular Called Session on Tuesday, July 8, 2003, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Jayne Peters, Mayor Pro Tem Tim Brancheau, Councilmember Diana Raines, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Thom Suhy, Councilmember Bill York, Councilmember (late arrival) 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 Stover 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. Presentation by Daniel Gray regarding Traffic Management. B. Presentation by Bob Hager regarding House Bill 1199 - Alcohol Beverage Regulations. C. Discussion regarding Right-of-Way and Median Signs. D. Discussion of Agenda Items. Councilmember York arrived during Work Session. CM070803 Page 2 of 12 REGULAR SESSION (Open to the Public) 3. Invocation. Bishop Greg Brassfield, Church of Jesus Christ of Latter Day Saints, led those present in the Invocation. 4. Pledge of Allegiance. Mayor Stover asked one of the Boy Scouts present to lead those present in the Pledge of Allegiance. 5. Citizen's Appearances. A. Ron Hoenig, 918 Brown Trail, addressed council concerning sign ordinance enforcement. CONSENT AGENDA 6. Consider approval of the following consent agenda items: A. Consider approval of minutes: June 24, 2003. B. Consider acceptance of resignation of Ann Dragon from the Planning and Zoning Commission. C. Consider approval of a grant from the Coppell Educational Development Corporation and the city of Coppell to the Coppell Independent School District (CISD) for the purchase of quality library print collections to serve students residing at 13 campuses in the CISD, in an amount of $129,390, using funds collected from the 379A sales tax, and authorizing the City Manager to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B and C. Councilmember Suhy seconded the motion; the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. CM070803 Page 3 of 12 7. PUBLIC HEARING: Consider approval of Case No. PD-197, Old Coppell Townhomes, zoning change request from HO-C (Historic Overlay-Commercial) to PD-197-HO-TH-1/C (Planned Development-197-Historic Overlay-Townhouse-1/Commercial) with a Concept Plan to allow the development of 21 residences, a recreation area and commercial uses on 3.81 acres of property located along the east side of Coppell Road, north of Bethel Road. Councilmember Faught, having filed with the City Secretary a Conflict of Interest Affidavit regarding this item, left Council Chambers at this point. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Jason Marshall, representing the Applicant, addressed the Council. Kurt Jones, developer, answered questions of Council. Public Hearing: Mayor Stover opened the Public Hearing and asked for those persons wishing to speak regarding this proposal. Tom Morton, 449 Dillard; Ed Spalding, 245 E. Bethel Road; Steve Chadick, 2019 Northwood Terrace, Denton; Carter Hart, 264 W. Bethel and Paul Milosovich, 509 Wales Court spoke in favor of this proposal. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Stover convened into Executive Session at 7:50 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 7:55 p.m. and re-opened the Regular Session, continuing with Item 7. CM070803 Page 4 of 12 REGULAR SESSION (Open to the Public) Action: Councilmember York moved to close the Public Hearing and approve Case No. PD-197, Old Coppell Townhomes, zoning change request from HO-C (Historic Overlay-Commercial) to PD-197-HO-TH-1/C (Planned Development-197-Historic Overlay-Townhouse-1/Commercial) with a Concept Plan to allow the development of 21 residences, a recreation area and commercial uses on 3.81 acres of property located along the east side of Coppell Road, north of Bethel Road, subject to the following conditions: 1) detailed plans will be submitted for approval before any building permit is issued, including the commercial parcels (which will require site plan approval); 2) more detailed information regarding street furniture, signage, building addresses, sidewalk material, etc., is submitted for staff review prior to Detailed PD approval; and 3) a detailed plan for Phase I must be submitted within 6 months of concept PD approval. Councilmember Tunnell seconded the motion; the motion carried 4-2 with Councilmembers Brancheau, Tunnell, Suhy and York voting in favor of the motion and Mayor Pro Tem Peters and Councilmember Raines voting against the motion. Councilmember Faught reentered Council Chambers and took his place at the dais at this time. 8. PUBLIC HEARING: Consider approval of Case No. PD-181R, Bethel Road Estates, Lot 1 Block 1, zoning change request from PD-181-SF-12 (Planned Development-181, Single Family-12) to PD-181R (Planned Development-181, Single Family-12, Revised) to allow for a stucco finish instead of masonry as required in Section 12-11-5 of the Zoning Ordinance, on 0.863 of an acre of property located at 260 West Bethel Road. CM070803 Page 5 of 12 Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Terry Holmes, applicant, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and asked for those persons wishing to speak regarding this proposal. Carter Hart, 264 W. Bethel, spoke in favor of this proposal. Action: Mayor Pro Tem Peters moved to close the Public Hearing and approve Case No. PD-181R, Bethel Road Estates, Lot 1 Block 1, zoning change request from PD-181-SF-12 (Planned Development-181, Single Family- 12) to PD-181R (Planned Development-181, Single Family-12, Revised) to allow for a stucco finish instead of masonry as required in Section 12-11- 5 of the Zoning Ordinance, on 0.863 of an acre of property located at 260 West Bethel Road with the following conditions: 1) one curb cut will serve this and the adjacent lot to the east; 2) a circulation plan that allows all vehicular maneuvering on the lots and not on Bethel Road (read: no backing into Bethel Road); 3) provision of a landscape plan for this lot which locates 21 caliper inches (DBH) of trees as required in the original PD; and 4) compliance with all other conditions of the original PD. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 9. PUBLIC HEARING: Consider approval of AmberPoint Business Park, Lots 1BR and 1C, Block A, a request to replat Lot 1B and create Lot 1C, being portions of Lot 1B of the AmberPoint Addition, the Freeport North Addition, and the Hager Containers Addition, CM070803 Page 6 of 12 containing 27.31 acres of property, located at the northeast corner of Royal Lane and Northpoint Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember York moved to close the Public Hearing and approve AmberPoint Business Park, Lots 1BR and 1C, Block A, a request to replat Lot 1B and create Lot 1C, being portions of Lot 1B of the AmberPoint Addition, the Freeport North Addition, and the Hager Containers Addition, containing 27.31 acres of property, located at the northeast corner of Royal Lane and Northpoint Drive. Councilmember Suhy seconded the motion; the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 10. Consider approval of the Securlock Small Business Park & Storage Center, Lot 1, Block A, Minor Plat, to allow the construction of a 49,380 square-foot mini-warehouse, with a 1,900 square-foot caretakers quarters/office, and a 5,520- square foot office/warehouse on 3.751 acres of property located at the northeast corner of S.H. 121 and Northpoint Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember York moved to approve the Securlock Small Business Park & Storage Center, Lot 1, Block A, Minor Plat, to allow the construction of a 49,380 square-foot mini-warehouse, with a 1,900 square-foot caretakers quarters/office, and a 5,520-square foot office/warehouse on 3.751 acres of property located at the northeast CM070803 Page 7 of 12 corner of S.H. 121 and Northpoint Drive; subject to the following conditions: 1) additional city easements may be requried when final engineering is completed; 2) Oncor easements may need to be provided; and 3) driveways and any additional easements will need to be reviewed and approved by TxDot. Mayor Pro Tem Peters seconded the motion; the motion carried 6-1 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion and Councilmember Tunnell voting against the motion. 11. PUBLIC HEARING: Consider approval of a Planning and Zoning Commission initiated Public Hearing to amend the Land Use Plan of the 1996 Comprehensive Master Plan from Neighborhood Retail to Residential Low Density, and consider approval of Case No. ZC- 612.1(CH), zoning change from C (Commercial) to SF-12 (Single Family-12) on approximately 14.6 acres of property located on property north of Bethel, west of Denton Tap Roads. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and asked for those persons wishing to speak regarding this proposal. Carol Alexander Vesey, 6034 Steamboat, Dallas, repesenting her family who owns the property, indicated she was not against the first portion of the item, but was against the rezoning portion; and Paul Milosovich, 509 Wales Court, spoke in favor of the proposal. Action: Councilmember York moved to close the public hearing and approve a Planning and Zoning Commission initiated Public Hearing to amend the CM070803 Page 8 of 12 Land Use Plan of the 1996 Comprehensive Master Plan from Neighborhood Retail to Residential Low Density. Councilmember Tunnell seconded the motion; the motion carried 4-3 with Councilmembers Brancheau, Tunnell, Faught and York voting in favor of the motion and Mayor Pro Tem Peters and Councilmember Raines and Suhy voting against the motion. Councilmember York moved to approve Case No. ZC-612.1 (CH), zoning change from C (Commercial) to SF-12 (Single Family-12) on approximately 14.6 acres of property located on property north of Bethel, west of Denton Tap Roads. Councilmember Suhy seconded the motion; the motion failed 0-7 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting against the motion. 12. PUBLIC HEARING: Consider approval of a Planning and Zoning Commission initiated Public Hearing to amend the Land Use Plan of the 1996 Comprehensive Master Plan from Light Industrial/Showroom and Public/Institutional to Freeway Commercial, and consider approval of Case No. ZC-613(CH), zoning change from LI (Light Industrial) and R (Retail) to HC (Highway Commercial) on approximately 114.7 acres of property located south of S.H. 121, between Business S.H. 121 and Magnolia Park. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Mayor Pro Tem Peters moved to approve an amendment to the Land Use Plan of the 1996 Comprehensive Master Plan from Light Industrial/Showroom and Public/Institutional to Freeway Commercial on approximately 114.7 acres of property, south of S.H. 121; between Business S.H. 121 and the Magnolia Park subdivision and approve a zoning change from LI (Light Industrial) to HC (Highway Commercial) on CM070803 Page 9 of 12 approximately 91.5 acres of property (retaining Retail zoning on the eastern 23.2 acres). Councilmember Raines seconded the motion; the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 13. PUBLIC HEARING (CONTINUED): Consider approval of a Planning and Zoning Commission initiated Public Hearing to amend the Land Use Plan of the 1996 Comprehensive Master Plan from Light Industrial/Showroom to Freeway Commercial, and consider approval of Case No. ZC-614(CH), zoning change from LI (Light Industrial) to HC (Highway Commercial) on approximately 36.11 acres of property located north of S.H. 121, between Business S.H. 121 and Coppell Greens. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover advised the Public Hearing remains open from a previous meeting and advised that no one had signed up to speak on this proposal. Action: Mayor Pro Tem Peters moved to close the Public Hearing and approve amending the Land Use Plan of the 1996 Comprehensive Master Plan from Light Industrial/Showroom to Freeway Commercial, and consider approval of Case No. ZC-614(CH), zoning change from LI (Light Industrial) to HC (Highway Commercial) on approximately 36.11 acres of property located north of S.H. 121, between Business S.H. 121 and Coppell Greens. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 14. Necessary action resulting from Work Session. There was no action necessary under this item. CM070803 Page 10 of 12 15. Mayor and Council Reports. A. Report by Mayor Stover regarding 4th of July Celebration. B. Report by Mayor Stover regarding new Coppell Youth Leadership Facilitator. A. Mayor Stover thanked staff for the 4th of July Celebration and stated it was a very good event. B. Mayor Stover advised that he has stepped aside as Coppell Youth Leadership facilitator and Councilmember Suhy will be filling that position. 16. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Suhy. B. Coppell ISD - Councilmembers Raines and York. C. Coppell Seniors - Councilmember York. D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters. E. Economic Development Committee - Mayor Pro Tem Peters and Councilmember Brancheau. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Social Service Center - Councilmember Brancheau. H. North Texas Council of Governments - Councilmember Tunnell. I. NCTCOG - Emergency Management Planning Council - Councilmember Suhy. J. North Texas Commission - Councilmember Tunnell. K. Senior Adult Services - Councilmember Suhy. L. Town Center/Architectural Committee - Councilmember Faught. M. Trinity River Common Vision Commission - Councilmember Faught. N. Trinity Trail Advisory Commission - Councilmember Raines. A. Nothing to report. B. Councilmember Raines stated CISD has reduced the homestead exemption and they are looking at hiring an Interim AD. CM070803 Page 11 of 12 Councilmember York also announced that sponsors were being sought for the new teacher breakfast. C. Councilmember York advised that the Seniors were very appreciative of everyone who came to share lunch with them on the 4th of July. D. Mayor Pro Tem Peters stated the Dallas Regional Mobility had cancelled their July meeting because it falling on the 4th of July. She discussed several issues on the Governor's Special Session. E. Councilmember Brancheau announced that he and Mayor Pro Tem Peters had met with the Ecnomic Development Committee and discussed hot spots and future makeup of the committee. F. Councilmember Tunnell advised there would be a VIP tour on Thursday, July 10th for the new Trinity Medical Emergency Room and Hospital. G. Councilmember Brancheau stated they had met at the Thrift Store at Josey Lane and Beltline Road and urged anyone who needed anything to visit the store. H. Nothing to report. I. Councilmember Suhy stated he has spent some time going over the Emergency Management Plan with Chief Kruse and John Patterson and he had received a letter stating the City of Coppell had not been allocated a spot on the Council. J. Councilmember Tunnell stated the membership luncheon would be held Thursday, September 4th at the Dallas Convention Center. K. Councilmember Suhy advised the monthly meeting had been moved to the end of the month for this month, but they had met for the nomination committee for new board members. L. Nothing to report. M. Nothing to report. N. Nothing to report. CM070803 Page 12 of 12 WORK SESSION (Open to the Public) Convene Work Session B. Presentation by Bob Hager regarding House Bill 1199 - Alcohol Beverage Regulations. C. Discussion regarding Right-of-Way and Median Signs. 17. Necessary Action Resulting from Executive Session. There is no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ______________________________________ Libby Ball, City Secretary CM072203 Page 1 of 8 MINUTES OF JULY 22, 2003 The City Council of the City of Coppell met in Regular Called Session on Tuesday, July 22, 2003, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Jayne Peters, Mayor Pro Tem Tim Brancheau, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Thom Suhy, Councilmember Bill York, Councilmember Councilmember Raines was absent from the meeting. Also present were City Manager Jim Witt, Deputy City Secretary Kathy Wilkerson and City Attorney Robert Hager. REGULAR SESSION (Open to the Public) 1. Call to order. Mayor Stover 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. Review Board/Commission Interview Schedule. B. Discussion regarding Villages of Coppell License Agreements. C. Review of RTTF Report. D. Review of Council Retreat Results. E. Discussion of Agenda Items. CM072203 Page 2 of 8 REGULAR SESSION (Open to the Public) 3. Invocation. Pastor Rich Mohr, Christ Our Savior Lutheran Church, led those present in the Invocation. 4. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 5. PROCLAMATIONS: A. Consider approval of a proclamation proclaiming “National Night Out” on Tuesday, August 5, 2003, and providing City Council Support and Endorsement of National Night Out festivities and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Officer R.G. Harr and McGruff. Action: Councilmember Tunnell moved to approve proclaiming "National Night Out" on Tuesday, August 5, 2003, and providing City Council Support and Endoresement of National Night Out festivities and authorizing the Mayor to sign. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Tunnell, Faught, Suhy and York voting in favor of the motion. B. Consider approval of a Proclamation naming August 23, 2003 as "Water Conservation Day," and authorizing the Mayor to sign. CM072203 Page 3 of 8 Presentation: Mayor Stover read the Proclamation for the record and presented the same to Sharon Logan, Public Information Officer. Action: Mayor Pro Tem Peters moved to approve a Proclamation naming August 23, 2003 as "Water Conservation Day", and authorizing the Mayor to sign. Councilmember Tunnell seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Tunnell, Faught, Suhy and York voting in favor of the motion. 6. Citizen's Appearances. There was no one signed up to speak under this item. The Mayor welcomed the Boy Scouts in the audience to the City Council meeting. CONSENT AGENDA 7. Consider approval of the following consent agenda items: A. Consider approval of a grant from the Coppell Education Development Corporation and the city of Coppell to the North Hills School for the purchase of Spanish language textbooks and equipment for foreign language labs using funds collected from the 379A sales tax, and authorizing the City Manager to sign. B. Consider approval of an ordinance amending Article 8-3 Parking, Section 8-3-1(A) of the Code of Ordinances for the City of Coppell to prohibit parking, stopping or standing at all times on the east side of Hartford Circle and on the south side of Halifax Drive beginning at the south property line of Lot 13, Block B of the Devonshire Subdivision extending north and eastward to the east property line of Lot 13, Block B in its entirety; and authorizing the Mayor to sign. CM072203 Page 4 of 8 C. Consider approval of an ordinance amending Section 8-1- 3 of the Code of Ordinances for the City of Coppell establishing 40 miles per hour as the maximum prima facie speed limit on Southwestern Boulevard from its point of intersection with Coppell Road to its point of intersection with Freeport Parkway; and authorizing the Mayor to sign. D. Consider approval of License Agreements between the City of Coppell and Jayeshkumar Patel (924 Brentwood, Lot 35, Blk A, Villages of Coppell IIIB); Haiyen Liao (928 Brentwood, Lot 34, Blk A, Villages of Coppell III B); Sunil N. & Jyoti Patel (932 Brentwood, Lot 33, Blk A, Villages of Coppell III B); Deborah June Harris (936 Brentwood, Lot 32, Blk A, Villages of Coppell IIIB); Michelle Maccaroni (940 Brentwood, Lot 31, Blk A, Villages of Coppell IIIB); Russell A. & Leigh A. Campbell (944 Brentwood, Lot 30, Blk A, Villages of Coppell IIIB) to allow the fencing and maintenance of the City right-of-way easement adjacent to the referenced lots; and authorizing the City Manager to sign. E. Consider approval of awarding Bid #Q-0602-02 for the purchase of water meters in the following manner: D&W Utility Supply – series #0100- 5/8” x ¾” and 1”, series #0300- 3”, 4”, 6” & 8”; Badger Meter, Inc. – series #0100- 1½” & 2”; Hersey Meters - series #0400- 4”, 6” & 8”; and Atlas Utility Supply Company – series #0500 in a combined total not to exceed $159,366.40, as budgeted. Jim Witt, City Manager, left the dias at this time because item 7B is in his neighborhood. Item C was pulled for separate consideration. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B carrying Ordinance No. 2003-1041, D and E. Councilmember Suhy seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters CM072203 Page 5 of 8 and Councilmembers Brancheau, Tunnell, Faught, Suhy and York voting in favor of the motion. Item C: Presentation: Ken Griffin, Director of Engineering, answered questions from Council. Action: Councilmember Brancheau moved to approve Consent Agenda Item C, carrying Ordinance No. 2003-1042. Councilmember Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Tunnell, Faught, Suhy and York voting in favor of the motion. 8. Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2002-1007, the budget for Fiscal Year October 1, 2002 through September 30, 2003, and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, made a presentation to the Council. Action: Councilmember York moved to approve Ordinance No. 2003-1043, approving an amendment to Ordinance No. 2002-1007, the budget for Fiscal Year October 1, 2002 through September 30, 2003, and authorizing the Mayor to sign. Councilmember Suhy seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Tunnell, Faught, Suhy and York voting in favor of the motion. 9. Consider approval of extending Bid/Contract #Q 0402-01 for the Reinforced Concrete Pavement Repair program to Pavement Services Corporation in an amount not to exceed $400,000, as provided for in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign. CM072203 Page 6 of 8 Presentation: Jim Witt, City Manager, made a presentation to the Council. Ken Griffin, Director of Engineering, answered questions from Council. Action: Councilmember Tunnell moved to approve extending Bid/Contract #Q 0402-01 for the Reinforced Concrete Pavement Repair program to Pavement Services Corporation in an amount not to exceed $400,000, as provided for in the Infrastructure Mainteneance Fund; and authorizing the City Manager to sign. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Tunnell, Faught, Suhy and York voting in favor of the motion. 10. Consider approval of an Ordinance denying TXU Gas Company’s request to change rates, providing for notice hereof to said company, and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, made a presentation to the Council. Action: Mayor Pro Tem Peters moved to approve Ordinance No. 2003-1044 denying TXU Gas Company's request to change rates, providing for notice hereof to said company, and authorizing the Mayor to sign. Councilmember Tunnell seconded the motion to deny; the motion to deny carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Tunnell, Faught, Suhy and York voting in favor of the motion to deny. 11. Necessary action resulting from Work Session. There was no action necessary under this item. CM072203 Page 7 of 8 12. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Suhy. B. Coppell ISD - Councilmembers Raines and York. C. Coppell Seniors - Councilmember York. D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters. E. Economic Development Committee - Mayor Pro Tem Peters and Councilmember Brancheau. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Social Service Center - Councilmember Brancheau. H. North Texas Council of Governments - Councilmember Tunnell. I. North Texas Commission - Councilmember Tunnell. J. Senior Adult Services - Councilmember Suhy. K. Town Center/Architectural Committee - Councilmember Faught. L. Trinity River Common Vision Commission - Councilmember Faught. M. Trinity Trail Advisory Commission - Councilmember Raines. A. There was nothing to report under this item. B. Councilmember York reminded everyone that school starts August 18th and that the New Teacher Breakfast will be held on August 5th, 7:30 a.m. in the Commons Area of Coppell High School. C. Councilmember York announced that the Senior Center would hold it's monthly pot luck lunch July 23rd and all Coppell seniors are invited to attend. D. There was nothing to report under this item. E. There was nothing to report under this item. F. There was nothing to report under this item. G. There was nothing to report under this item. CM072203 Page 8 of 8 H. There was nothing to report under this item. I. There was nothing to report under this item. J. Councilmember Suhy reminded everyone that Senior Adult Services are still looking for people to participate in their Golf Tournament which will be held on September 29th. He also announced that Andi Case has joined as a Board member for Senior Adult Services and they still need one more volunteer from Coppell. He also reminded everyone that the You and Your Aging Parent Conference will be held this weekend. K. There was nothing to report under this item. L. There was nothing to report under this item. M. There was nothing to report under this item. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ________________________________________ Kathy Wilkerson, Deputy City Secretary DEPT: Planning DATE: August 12, 2003 ITEM #: 7/B AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-181R, Bethel Road Estates, Lot 1 Block 1, zoning change from PD-181-SF-12 (Planned Development-181, Single Family-12) to PD-181R (Planned Development-181, Single Family-12, Revised) to allow for a stucco finish instead of masonry as required in Section 12-11-5 of the Zoning Ordinance, on 0.863 of an acre of property located at 260 West 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 June 19, 2003, the Planning & Zoning Commission unanimously recommended approval of this zoning change request (7-0). On July 8, 2003, City Council unanimously approved this zoning change (7-0). Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @PD-181R, BRE ORD 1-AR(Con.) 1 40118 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 “PD-181” (PLANNED DEVELOPMENT-181) TO “PD-181R” (PLANNED DEVELOPMENT-181 REVISED) TO PROVIDE FOR STUCCO AS A SPECIAL CONDITION FOR THE PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, BUILDING ELEVATIONS, AND ELEVATION OF PERGOLA ATTACHED HERETO AS EXHIBITS “B, C, AND D”, 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. PD-181R 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 by amending Ordinance No. 91500-A-241 granting PD-181 to “PD-181R” (Planned Development-181 Revised) for the property described in Exhibit “A”, which is attached hereto and made a part hereof for all purposes. 2 40118 SECTION 2.That the property shall be developed and used only in accordance with the following conditions set forth in Ordinance No. 91500-A-241 and with the following additional special conditions, which are as follows: A. That the stucco method used shall be the three-fourths inch (¾") tree-step process over four inch (4") concrete masonry block. B. Provision of a landscape plan for this lot, which locates 21 caliper inches (DBH) if trees as required in the original PD. SECTION 3. That as except as amended herein, Ordinance No. 91500-A-241, including the special conditions and development regulations specified therein, remains in full force and effect and the Site Plan, Building Elevations and Elevations of the Pergola 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 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. 3 40118 SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9.That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2003. APPROVED: _____________________________________ DOUGLAS N. STOVER MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 8/5/03) DEPT: Planning DATE: August 12. 2003 ITEM #: 7/C AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1195B, Voice Stream, zoning change from TC (Town Center) to TC-S-1195B (Town Center, Special Use Permit-1195B), to allow the replacement of an existing 70-foot light pole with an 80-foot light pole, including the placement of 3 flush-mounted telecommunication antennae and equipment building on property located in Andrew Brown Park Central, 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 May 15, 2003, the Planning & Zoning Commission unanimously recommended approval of this Special Use Permit request (7-0). On June 10, 2003, City Council unanimously approved this Special Use Permit (6-0). Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @S-1195B,VS ORD 1-AR(Consent) 1 58005 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 “TC” (TOWN CENTER) TO “TC-S.U.P. 1195B” (TOWN CENTER, SPECIAL USE PERMIT-1195B) TO ALLOW THE REPLACEMENT OF AN EXISTING SEVENTY (70') FOOT LIGHT POLE WITH AN EIGHTY (80') FOOT LIGHT POLE, INCLUDING THE PLACEMENT OF THREE (3) FLUSH-MOUNTED TELECOMMUNICATIONS ANTENNAE AND EQUIPMENT BUILDING AT ANDREW BROWN COMMUNITY PARK CENTRAL LOCATED AT 364 NORTH DENTON TAP ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN PACKAGE ATTACHED HERETO AS EXHIBIT “B”; 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-1195B 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 allow the replacement of an existing seventy (70') foot light pole with an eighty (80') foot light pole, including the placement of three (3) flush-mounted telecommunications antennae and equipment building at Andrew Brown Community Park Central located at 364 North Denton Tap Road, subject to special conditions hereinbelow. 2 58005 SECTION 2.That the Special Use Permit for the replacement of the light pole, including the placement of three (3) flush-mounted telecommunication antennae and equipment, is hereby approved subject to the following special conditions: (A) That all development shall be in accordance with the Site Plan package, which includes building elevations, cell equipment, etc. SECTION 3.That the site plan package, attached hereto as Exhibit “B” 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 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 58005 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 ___________________, 2003. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 8/5/03) SITESITEANDY BROWNCOMMUNITY PARKDA-1296-C364 N. DENTON TAP RD.COPPELL, TX 75019DALLAS COUNTYT-1364 N. DENTON TAP RD.COPPELL, TX 75019DALLAS COUNTY2418 Arbuckle Court, Dallas, TX 75229Voice: 972-484-7992 Fax: 972-484-4059 Z-1GRAPHIC SCALE: 1"=20’0020’40’364 N. DENTON TAP RD.COPPELL, TX 75019DALLAS COUNTY2418 Arbuckle Court, Dallas, TX 75229Voice: 972-484-7992 Fax: 972-484-4059 Z-2ENLARGED SITE PLAN364 N. DENTON TAP RD.COPPELL, TX 75019DALLAS COUNTY2418 Arbuckle Court, Dallas, TX 75229Voice: 972-484-7992 Fax: 972-484-4059001’GRAPHIC SCALE: 1/4"=1’5’ 364 N. DENTON TAP RD.COPPELL, TX 75019DALLAS COUNTY2418 Arbuckle Court, Dallas, TX 75229Voice: 972-484-7992 Fax: 972-484-40591’00GRAPHIC SCALE: 3/16"=1’5’10’ 364 N. DENTON TAP RD.COPPELL, TX 75019DALLAS COUNTY2418 Arbuckle Court, Dallas, TX 75229Voice: 972-484-7992 Fax: 972-484-4059001’GRAPHIC SCALE: 1/4"=1’5’ 364 N. DENTON TAP RD.COPPELL, TX 75019DALLAS COUNTY2418 Arbuckle Court, Dallas, TX 75229Voice: 972-484-7992 Fax: 972-484-40591’00GRAPHIC SCALE: 3/16"=1’5’10’ 364 N. DENTON TAP RD.COPPELL, TX 75019DALLAS COUNTY2418 Arbuckle Court, Dallas, TX 75229Voice: 972-484-7992 Fax: 972-484-40591’00GRAPHIC SCALE: 3/16"=1’5’10’ DEPT: Planning DATE: August 12, 2003 ITEM #: 8 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1208, Everybody Fits, Restaurant (food court), zoning change request from C (Commercial) to C-S-1208 (Commercial, Special Use Permit-1208), to allow the operation of an approximate 3,829 square-foot restaurant to be located on the second floor within the existing facility at 200 Fitness Court Drive. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: July 17, 2003 Decision of P&Z Commission: Approval (5-0) with Commissioners McCaffrey, Reese, Kittrell, Halsey and Foreman voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Acknowledgement that this is a commercial kitchen. 2) Development will be in accordance with the attached Restaurant Plan. 3) Proposed food-court signage (size, color, font style) shall be submitted to the Planning Department prior to Council consideration. (CONDITION MET) Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @1S-1208, Everybody Fits 1-AR Item #4 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1208, EVERYBODY FITS, RESTAURANT P & Z HEARING DATE: July 17, 2003 C.C. HEARING DATE: August 12, 2003 STAFF REP.: Gary L. Sieb, Planning Director LOCATION: 200 Fitness Court SIZE OF AREA: 3.8 acres of property containing a two-story 75,000 square-foot building proposing an approximate 3,800 square-foot restaurant/food court. CURRENT ZONING: C (Commercial) REQUEST: Special Use Permit to allow the sale of food. APPLICANT: Everybody Fits, LP Brian Kennedy or Michael Newbrand 200 Fitness Court Coppell, TX. 75019 (972) 471-2345 FAX (972) 471-2344 HISTORY: There has been no recent zoning history on the subject tract. The property was recorded as a replat and minor plat in August of 2001. TRANSPORTATION: Fitness Court is a minor cul-de-sac street contained within a 55-foot right–of-way, built to standard. Item #4 Page 2 of 2 SURROUNDING LAND USE & ZONING: North- child care facilities, PD-178 South – Albertson’s shopping center; C (Commercial) East - vacant land; C (Commercial) West –single-family housing; SF-12 COMPREHENSIVE PLAN: The 1996 Comprehensive Master Plan shows the property as suitable for neighborhood retail uses. DISCUSSION: The proposed restaurant is a use which was contemplated when Everybody Fits was first envisioned back in 2001. When the current owner purchased the partially completed structure, provision was made for the eventual addition of a restaurant use, and this Special Use Permit application follows through with that proposal. The restaurant will be located on the second floor of the building, contain 56 seats, and will overlook the exercise area of the facility. A menu of what will be offered is included with your packet information and no alcoholic beverages will be served. The restaurant will retain the same operational hours as the exercise facility (9 a.m. to 9 p.m. Monday through Saturday, and 12 noon to 6 p.m. on Sunday), and will not be externally advertised. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends approval of this Special Use Permit with the following conditions: 1) Acknowledgement that this is a commercial kitchen. (Building Inspection comment) 2) Development will be in accordance with the attached Restaurant 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) Restaurant Plan (2 pages) 2) Menu DEPT: Planning DATE: August 12, 2003 ITEM #: 9 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the Sandy Lake Plaza Medical Building, Lot 1, Block 1, Site Plan, to allow the development of a 30,000 square-foot medical office building on approximately 2.75 acres of property located at the northwest corner of Sandy Lake and Moore Roads. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: July 17, 2003 Decision of P&Z Commission: Approval (5-0) with Commissioners McCaffrey, Reese, Kittrell, Halsey and Foreman voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) City Council waving the requirement for the screening wall along the western property line, as permitted in Section 12-33.1(8) of the Zoning Ordinance, thus allowing for the preservation of the existing tree line. This tree line shall be augmented by Wax Myrtle trees, especially adjacent to the proposed building. Per Section 12-34-8(C) of the Zoning Ordinance, a three-foot tall hedge shall be required in the perimeter landscape area, adjacent to the parking lot, if the 6-foot wall is not constructed. (Landscape Plan revised to include ornamental trees.) In the event the wall is required (waiver not being granted), ornamental trees, totaling a minimum of 39-caliper inches, shall be planted along the western property line. These trees shall be a mixture of Wax Myrtle (evergreen) and Red Bud (deciduous). 2) Confirmation the brick used on the screening walls will match that of the main building. 3) Specification of the color of the metal gates on the dumpster. (CONDITION MET) 4) Correction of the zoning to the north of the property from MF-2 to C. (CONDITION MET) Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @2SL Plaza Med. Bldg. SP 1-AR 4121 Χοµµερχε Στρεετ Συιτε Ονε | ∆αλλασ, Τεξασ 75226 | Τ. (214)824−7040 | Φ. (214)887−0559 | ωωω.ΓΣΡ−Ανδραδε.χοµ July 23, 2003 Marcie Diamond Assistant Director of Planning & Community Services 255 Parkway Boulevard Coppell, TX 75019 RE: Sandy Lake Plaza Medical Building Dear Ms. Diamond: This letter is to inform you that we have revised our drawings for the City Council submittal to comply with the following items listed under the Planning & Zoning conditional approval recommendation. The metal gates on the dumpster enclosure will match the metal panel screening for the mechanical roof top units. The metal panel specification is “Alpolic – Metal Panel” and the color is Champagne Metallic. The site plan has been corrected to show the property north of our site classified as C- Commercial zoning. The other two conditional approval items dealt with a 6-foot tall brick screen wall, which runs in a 15-foot wide overhead line easement along the length of the western boundary. The first item concerning the screen wall, recommended the waiving of the wall as allowed per section 12-33.1(8) of the Coppell zoning ordinance. The second item concerning the screen wall, dealt with the color of brick for the screen wall if its construction is required. As requested by Oncor, our civil consultants prepared a package consisting of the site plan, landscaping plan and civil plans for their review. Oncor will allow parking within the 15-foot wide easement. Oncor will also, allow us to plant new ornamental height trees under the power lines. The new trees are acceptable to Oncor height guidelines and permissible by the City of Coppell landscaping requirements. However, Oncor will not allow the construction of the 6-foot high brick screen wall, as they feel the wall would cut off access to the power poles. It is our intent to preserve the existing tree line along the western boundary at the easement. The project would augment the existing tree line by planting new ornamental trees in the landscaping buffer and installing a 3-foot high hedge to screen our parking as required by the City of Coppell. Therefore, on our site plan submittal for City Council we are not showing the screen wall along the western boundary. During the Planning and Zoning meeting it was mentioned that the members would prefer to keep a “living screen” at the western property line instead of building a brick wall. The adjacent site to the west is a church, which we feel has a compatible building use to our own, and in our opinion does not need screen wall separation. That being the case, we agree with the City of Coppell planning department and the Planning and Zoning board recommendation to waive the requirement for the screen wall. We look forward to working together with the planning department to allow for this project to be developed. We also are open to talking with Oncor concerning any further concerns that they might have at the western boundary. Sincerely, Mark Diaz Project Coordinator GSR-Andrade Architects Item # 5 Page 1 of 5 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: SANDY LAKE PLAZA MEDICAL BUILDING LOT 1, BLOCK 1, SITE PLAN P & Z HEARING DATE: July 17, 2003 C.C. HEARING DATE: August 12, 2003 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: At the northwest corner of Sandy Lake & Moore Roads SIZE OF AREA: Approximately 2.75 acres of property. CURRENT ZONING: C (Commercial) REQUEST: Site Plan approval for a two story, 30,000 square foot medical building. APPLICANT: The Cirrus Group 1700 Pacific Avenue, Suite 2730 Dallas, Texas 75201 (214) 953-1722 FAX: (214) 953-0278 Architect: Engineer: John Garrison Brandon O Donald GSR Andrade Architects Brockette.Davis.Drake 4121 Commerce Street, Suite One 4144 N. Central Expry. Dallas, Texas 75226 Dallas, Texas 75204 (214) 824-7040 (214) 824-3647 FAX: (214) 887-0559 FAX: (214) 824-7064 Item # 5 Page 2 of 5 HISTORY: This area was preliminary platted as the Sandy Lake Plaza Addition. In the mid 1980’s, the lot to the north of the subject tract was final platted as Lot 4 of this addition, and a Site Plan was approved for the Children’s World day care center. In 1997, a request for a Special Use Permit for Phillips 66 gas station, convenience store and car wash on 1.2 acres at the northwest corner of Sandy Lake and Moore Roads was recommended for denial by the Planning and Zoning Commission; this case was not appealed to City Council. In 1999, an application for Site Plan and Minor Plat approval for Sav- On Drugs was submitted on the subject property. The application was withdrawn prior to Planning and Zoning Commission consideration. TRANSPORTATION:Sandy Lake Road has recently been improved to a 4–lane divided thoroughfare, built generally within 95-feet of right-of-way. Moore Road is a 2-lane undivided collector street, built within 60-feet of right-of-way. SURROUNDING LAND USE & ZONING: North-Day Care Center; C (Commercial) South – Single-Family homes; SF-12 (Single Family-12) East - vacant and Austin Place residential subdivision; C (Commercial) and PD-130-SF-7 West - Sandy Lake Road Baptist Church; SF-12 (Single Family-12) COMPREHENSIVE PLAN: The 1996 Comprehensive Master Plan shows this property as suitable for Neighborhood Retail. DISCUSSION: This request is to allow for the development of a two-story, 30,000 square-foot medical office building, with 172 parking spaces. As discussed in the HISTORY section of this report, various developments have been proposed on this tract (gas station and drug store), and this proposed medical building is a preferable use. The proposed Site Plan is in compliance with the zoning regulations in terms of setbacks, parking, signage and building height. As shown on the Landscape Plan, plant materials are in general compliance with City ordinances in terms of area devoted to landscaping and quantities. The Item # 5 Page 3 of 5 only issue is along the western property line of this tract, where, per ordinance, 13 trees (one per 40-linear feet, adjacent to residential zoning) are required. Given this residential adjacency, a 6-foot masonry screening wall is also required; however, there is an existing 15’ TP&L easement running parallel to this western property line, where there are overhead power lines and a tree row. The preliminary response from TP&L (Oncor) is that they will allow for parking and the required screening wall within this easement; however, they expressed concern over the planting of new trees under the existing power lines, as required by the Zoning Ordinance. As previously stated, there is an existing tree row along the western property line consisting of nine, 8-caliper inch Hackberry trees, which provides a fairly dense visual screen. However, due to the size and species, these trees may be removed without mitigation, which is indicated as such on the plan. The only tree subject to mitigation is the 20” Hackberry located in the southeastern portion of the site. The applicant has proposed to mitigate the removal of this tree through the upsizing of 10 of the required three- caliper inch to 4-caliper inch trees. The issues relating to this western property line are: • Thirteen 3-caliper inch trees are required along the western property line. • A six-foot screening wall is also required, due to the adjacency of residential zoning, even though the property is developed with a non-residential use (church). • TP&L (Oncor) is reluctant to allow new trees to be planted in their easement, due to the overhead power lines. • The existing nine Hackberry trees could be preserved to fulfill a portion of the tree requirement; however, the erection of the required 6-foot masonry screening wall would kill the existing trees. The following solutions may be available, subject to negotiations with TP&L (Oncor), or variations of the following: • The installation of plant materials that, at mature height, would not interfere with the power lines and the planting of the required 13 trees elsewhere on the site. • Work with Oncor to place the trees within the eastern portion of the easement as not to interfere with the power lines. Item # 5 Page 4 of 5 • Requesting that the Council waive the screening requirement, given that the adjacent property is developed for a non-residential use, with the caveat that if the church property is redeveloped for residential use, the required screening wall can be built by this property owner. With this option, the nine existing trees (total of 72-caliper inches) would be preserved, which could fulfill the requirement of the 13, three-caliper inch trees. • Any combination of the above. It is the applicant’s and staff’s intent to resolve this issue prior to the Planning and Zoning Commission meeting on July 17th. Minor technical issues relating to this Site Plan are: the provision of specification as to the color of the metal gates on the dumpster, and verification that the brick color used for the screening wall match the color of the main building. Finally, the screening indicated along the northern property line adjacent to the day care is not required due to the fact that this property is also zoned for commercial uses. The applicant may eliminate this portion of the wall, if desired. The zoning classification on the property to the north needs to be corrected on the Site Plan to indicate C (Commercial) instead of MF-2 (Multi-family-2). RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of the Site Plan for the Sandy Lake Plaza Medical Building, subject to the following conditions: 1) Resolution to the perimeter landscape and screening issues along the western property line; a) If City Council waves the requirement for the screening wall along the western property line, as permitted in Section 12-33.1(8) of the Zoning Ordinance, this will allow for the preservation of the existing tree line. This tree line shall be augmented by Wax Myrtle trees, especially adjacent to the proposed building. Per Section 12-34-8(C) of the Zoning Ordinance, a three-foot tall hedge shall be required in the perimeter landscape area, adjacent to the parking lot, if the 6-foot wall is not constructed. b) In the event the wall is required (waiver not being granted), ornamental trees, totaling a minimum of 39-caliper inches, shall be Item # 5 Page 5 of 5 planted along the western property line. These trees shall be a mixture of Wax Myrtle (evergreen) and Red Bud (deciduous). 2) Confirmation that brick used on the main building will also be used on the screening walls. 3) Specification of the color of the metal gates on the dumpster. 4) Correction of the zoning to the north of the property from MF-2 to C. 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) Exterior elevations (2 sheets) 3) Landscape Plan 4) Existing Tree and Mitigation Plan DEPT: Planning DATE: August 12, 2003 ITEM #: 10 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the Sandy Lake Plaza Medical Building, Lot 1, Block 1, Minor Plat, to allow the development of a 30,000 square-foot medical office building on approximately 2.75 acres of property located at the northwest corner of Sandy Lake and Moore Roads. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: July 17, 2003 Decision of P&Z Commission: Approval (5-0) with Commissioners McCaffrey, Reese, Kittrell, Halsey and Foreman voting in favor. None opposed. Approval is recommended, subject to the following condition: 1) Additional sidewalk and utility easements (City and franchise utility) may be required. Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @3SL Plaza Med. Bldg. MP 1-AR Item #6 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: SANDY LAKE PLAZA MEDICAL BUILDING LOT 1, BLOCK 1, MINOR PLAT P & Z HEARING DATE: July 17, 2003 C.C. HEARING DATE: August 12, 2003 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: At the northwest corner of Sandy Lake & Moore Roads SIZE OF AREA: Approximately 2.75 acres of property. CURRENT ZONING: C (Commercial) REQUEST: Minor Plat approval APPLICANT: The Cirrus Group 1700 Pacific Avenue, Suite 2730 Dallas, Texas 75201 (214) 953-1722 FAX: (214) 953-0278 Architect: Engineer: John Garrison Brandon O Donald GSR Andrade Architects Brockette.Davis.Drake 4121 Commerce Street, Suite One 4144 N. Central Expry. Dallas, Texas 75226 Dallas, Texas 75204 (214) 824-7040 (214) 824-3647 FAX: (214) 887-0559 FAX: (214) 824-7064 Item #6 Page 2 of 3 HISTORY: This area was preliminary platted as the Sandy Lake Plaza Addition. In the mid 1980’s, the lot to the north of the subject tract was final platted as Lot 4 of this addition, and a Site Plan was approved for the Children’s World day care center. In 1997, a request for a Special Use Permit for a Phillips 66 gas station, convenience store and car wash on 1.2 acres at the northwest corner of Sandy Lake and Moore Roads was recommended for denial by the Planning and Zoning Commission; this case was not appealed to City Council. In 1999, an application for Site Plan and Minor Plat approval for Sav- On Drugs was submitted on the subject property. The application was withdrawn prior to Planning and Zoning Commission consideration. TRANSPORTATION:Sandy Lake has recently been improved to a 4–lane divided thoroughfare, built generally within 95-feet of right-of-way. Moore Road is a 2- lane undivided collector street, built within 60-feet of right-of-way. SURROUNDING LAND USE & ZONING: North-Day Care Center; C (Commercial) South – Single-family homes; SF-12 (Single Family-12) East - vacant and Austin Place residential subdivision; C (Commercial) and PD-130-SF-7 West - Sandy Lake Road Baptist Church; SF-12 (Single Family-12) COMPREHENSIVE PLAN: The 1996 Comprehensive Master Plan shows the property as suitable for Neighborhood Retail. DISCUSSION: As discussed in the HISTORY portion of this report, a Preliminary Plat for this property was approved in the 1980’s; however, a Final Plat for these tracts, which were envisioned as Lots 1, 2 and 3 of the Sandy Lake Plaza Addition was never submitted. Therefore, a Minor Plat is required to establish a building site for this medical facility. This Minor Plat contains approximately 2.75 acres and provides for the required fire lane. A mutual access easement (existing shared driveway with the day care to the north) is also shown. The existing 15-foot TP&L easement, which is discussed at length in the review of the Item #6 Page 3 of 3 Site Plan, is also depicted. Finally, the plat establishes a sidewalk and a water easement along Moore Road. The Engineering Department is requesting that a condition be included that additional easements may be necessary once final engineering is complete. Finally, Oncor is also requesting that the applicant/engineer discuss electric service requirements with them. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of Sandy Lake Plaza Medical Addition, Lot 1, Block 1, Minor Plat, subject to the following condition: 1) Additional sidewalk and utility easements (City and franchise utility) may be required. ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Minor Plat DEPT: Planning DATE: August 12, 2003 ITEM #: 11 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-197, Old Coppell Townhomes, zoning change from HO-C (Historic Overlay-Commercial) to PD-197-HO-TH-1/C (Planned Development-197-Historic Overlay-Townhouse- 1/Commercial) with a Concept Plan to allow the development of 21 residences, a recreation area and commercial uses on 3.81 acres of property located along the east side of Coppell Road, north of 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 June 19, 2003, the Planning & Zoning Commission unanimously recommended approval of this zoning change (7-0). On July 8, 2003, City Council approved this zoning change (4-2). Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @4PD-197, OC ORD 1-AR 1 58017 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-C” (HISTORIC OVERLAY-COMMERCIAL) TO “PD-197-HO-TH-1/C” (PLANNED DEVELOPMENT – 197 - HISTORIC OVERLAY – TOWNHOUSE-1 COMMERCIAL) TO ALLOW FOR THE DEVELOPMENT OF TWENTY- ONE (21) RESIDENCES, A RECREATION AREA AND COMMERCIAL USES ON 3.81 ACRES OF PROPERTY LOCATED ALONG THE EAST SIDE OF COPPELL ROAD, NORTH OF BETHEL, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE CONCEPTUAL SITE PLAN, LANDSCAPE PLAN, CONCEPTUAL FLOOR PLANS, ELEVATIONS, OLD COPPELL MASTER PLAN DESIGN ELEMENTS LISTING, AND STREET LIGHT DESIGN ATTACHED HERETO AS EXHIBITS “B, C, D, E, F, AND G, RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, 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. PD-197 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-197- “PD-197-HO-TH-1/C”(Planned Development – 197 – Historic Overlay–Townhouse-1/ 2 58017 Commercial) to provide the appropriate zoning district for the development of twenty-one (21) residences, a recreation area and commercial uses on approximately 3.81 acres of property located along the east side of Coppell Road, north of Bethel Road , 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 special conditions, which are as follows: A. That the detailed plans must be approved before any building permit is issued, including the commercial parcels. B. That more detailed information regarding street furniture, signage, building addresses, sidewalk material, etc., is submitted for staff review prior to Detailed PD approval. C. That a detailed plan for Phase I must be submitted within six (6) months of concept PD approval. SECTION 3.That Conceptual Site Plan, Landscape Plan, Conceptual Floor Plans, Elevations, Old Coppell Master Plan Design Elements Listing, and Street Light Design 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 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 3 58017 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 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 ___________________, 2003. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 8/1/03) O O c i t y o f c o p p e l l Planning Department RENDERING DATE: August 12, 2003 ITEM #: 12 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: August 12, 2003 ITEM #: 13 AGENDA REQUEST FORM CITY MANAGER'S REPORT A. Report on Regional Transportation Task Force Final Recommendations. Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: August 12, 2003 ITEM #: 14 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Repor t by Mayor Stover regarding National Night Out B. Repor t by Mayor Stover regarding August Chamber Luncheon C. Repor t by Mayor Stover regarding Budget Hearing D. Repor t by Mayor Stover regarding the New Teacher Breakfast E. Repor t by Councilmember Faught regarding the TML Newly Elected Officials seminar. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: August 12, 2003 ITEM #: 15 AGENDA REQUEST FORM COUNCIL COMMITTEE REPORTS A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Suhy. B. Coppell ISD - Councilmembers Raines and York. C. Coppell Seniors - Councilmember York. D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters. E. Economic Development Committee - Mayor Pro Tem Peters and Councilmember Brancheau. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Social Service Center - Councilmember Brancheau. H. Nor th Texas Council of Governments - Councilmember Tunnell. I. Nor th Texas Commission - Councilmember Tunnell. J. Senior Adult Services - Councilmember Suhy. K. Town Center/Architectural Committee - Councilmember Faught. L. Trinity River Common Vision Commission - Councilmember Faught. M. Trinity Trail Advisor y Commission - Councilmember Raines. Agenda Request Form - Revised 06/03 Document Name: %ccommreport DATE: August 12, 2003 ITEM #: 16 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec