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CP 2004-01-13 NOTICE OF CITY COUNCIL MEETING AND AGENDA JANUARY 13, 2004 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) 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, January 13, 2004, at 5:30 p.m. for 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. ag011304 Page 1 of 8 ITEM # ITEM DESCRIPTION WORK SESSION (Open to the Public) 2. Convene Work Session A. Discussion regarding a Municipal Drainage Utility System Fee. B. Discussion regarding the design of Bethel Road (from Denton Tap Rd. to Freepor t Parkway) and a por tion of Coppell Rd. (from Bethel Rd. nor th to Cooper Lane). C. Comments regarding City of Coppell Bond Rating Procedures. D. Discussion regarding the upcoming Citizen Summit. E. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 3. Invocation. 4. Pledge of Allegiance. 5. Consider approval of a proclamation naming the month of January, 2004 SCHOOL BOARD RECOGNITION MONTH, and authorizing the Mayor to sign. 6. Citizens' Appearances. CONSENT AGENDA 7. Consider approval of the following consent agenda items: A. Consider approval of minutes: December 9, 2003. B. Consider accepting resignation of John Valentine from the Keep Coppell Beautiful Committee. C. Consider approval of revised bylaws for the Coppell Education Development Corporation. D. Consider approval of payment to Dallas County for the City of Coppell’s 20 percent share of the Congestion Mitigation and Air Quality Improvement project at the intersection of MacAr thur Blvd. and Belt Line Rd. in the amount of $51,477.98, as provided for in Capital Improvement Funds. ag011304 Page 2 of 8 ITEM # ITEM DESCRIPTION Land Use and Development E. Consider approval of an Ordinance to amend the Land Use Plan of the 1996 Comprehensive Master Plan to reflect existing zoning/land uses on the following proper ties: a por tion of Nor thlake Estates (Howell and Bullock Drives) from Mixed Use to Medium Density Residential and the east side of Denton Tap, nor th of Belt Line Road from Light Industrial/Showroom to Mixed Use, and authorizing the Mayor to sign. F. Consider approval of an Ordinance to amend the Land Use Plan of the 1996 Comprehensive Master Plan from Regional Retail and Light Industrial/Showroom to Freeway Commercial, and change the zoning of Case No. ZC-611(CH), from LI (Light Industrial) to HC (Highway Commercial) on approximately 58.6 acres of proper ty located east of S.H 121 nor th and south of Sandy Lake Road, and authorizing the Mayor to sign. G. Consider approval of an Ordinance to amend 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 proper ty south of S.H. 121; between Business S.H. 121 and the Magnolia Park subdivision, and a zoning change for Case No. ZC-613(CH), from LI (Light Industrial) to HC (Highway Commercial) on approximately 93.8 acres of proper ty located south of S.H. 121, between Business S.H. 121 and the existing 23.2 acres of Retail proper ty west of Magnolia Park, and authorizing the Mayor to sign. H. Consider approval of an Ordinance to amend the Land Use Plan of the 1996 Comprehensive Master Plan from Light Industrial/Showroom to Freeway Commercial, and zoning change for Case No. ZC-614(CH), from LI (Light Industrial) to HC (Highway Commercial) on approximately 32.6 acres of proper ty located nor th of S.H. 121, between Business S.H. 121 and Coppell Greens, and authorizing the Mayor to sign. I. Consider approval of an Ordinance to amend the Land Use Plan of the 1996 Comprehensive Master Plan from Light Industrial/Showroom to Mixed Use, and change the zoning for Case No. ZC-615(CH), from LI (Light Industrial) to HC (Highway Commercial) on 35.5 acres of proper ty located east of MacAr thur, south of Lake Vista Drive, and authorizing the Mayor to sign. ag011304 Page 3 of 8 ITEM # ITEM DESCRIPTION J. Consider approval of an Ordinance to amend the Land Use Plan of the 1996 Comprehensive Master Plan to enlarge the Historic Overlay district to reflect the recommendation in the Old Coppell Master Plan, and zoning change for Case No. ZC-616(CH), Old Coppell (HO Designation), to modify the boundaries of the HO (Historic Overlay), including zoning changes on Tract 1 from PD-119-SF-9 (Planned Development-119-Single Family-9) to HO-PD-119-SF-9 on approximately 3.87 acres; Tract 2 from PD-108-LI and R (Planned Development-108-Light Industrial and Retail) to HO-PD-108-LI and HO-R on approximately 71.46 acres; Tract 3 from R (Retail) to HO-R on approximately 1.97 acres, Tract 4 from LI (Light Industrial) to HO- LI on approximately 3.88 acres, and authorizing the Mayor to sign. K. Consider approval of an Ordinance for Case No. PD-185R-LI, Coppell Industrial Addition (Tradepoint), zoning change on 98.84 acres of proper ty from PD-185-LI to PD-185R-LI to attach a Detail Site Plan to allow for an approximate 350,183 square-foot expansion to the existing 600,000 square-foot building on Lot 1R and the development of an approximate 952,094 square-foot office/warehouse building on Lot 2 located 50’ east of Royal Lane; nor th of Bethel Road, and authorizing the Mayor to sign. L. Consider approval of an Ordinance for Case No. S-1198R2, Assured Self Storage, zoning change from LI-S-1198R (Light Industrial- Special Use Permit-1198 Revised) to LI-S-1198R2 (Light Industrial- Special Use Permit-1198 Revision 2), to amend the Site Plan to allow for additional attached signage for an existing 75,000 square-foot mini-warehouse facility on 4.83 acres of proper ty located at 1751 E. Belt Line Road, and authorizing the Mayor to sign. Resolutions M. Consider approval of a resolution authorizing the filing of a project funding application with the Nor th Central Texas Council of Governments for a regional solid waste program local project, and authorizing the Mayor to sign. END OF CONSENT 8. Consider approval of award of a bid to Dean Construction for the development of Practice Areas at Wagon Wheel Park in an amount not to ag011304 Page 4 of 8 ITEM # ITEM DESCRIPTION exceed $1,294,011.00, and authorizing the City Manager and the President of the Coppell Recreation Development Corporation to sign. 9. PUBLIC HEARING: Consider approval of Case No. S-1210-C, Subway Restaurant, zoning change from PD-157R6-C (Planned Development-157 Revision 6- Commercial) to PD-157R6-C-S-1210 (Planned Development-157 Revision 6- Commercial-Special Use Permit-1210), to allow the operation of an approximate 1,500 square-foot restaurant to be located at 809 S. MacAr thur (southwest corner of Belt Line Road and MacAr thur Boulevard). 10. PUBLIC HEARING: Consider approval of Case No. S-1212-LI, Pump it Up, zoning change from LI (Light Industrial) to S-1212-LI (Special Use Permit-1212- Light Industrial), to allow the operation of an approximate 16,800 square-foot indoor recreation/enter tainment center to be located at 1405 S. Beltline Road. 11. PUBLIC HEARING: Consider approval of Case No. PD-163R2-SF-9, Windsor Estates, zoning change from PD-163R (Planned Development 163-Revised-Single Family-9) to PD-163R2-SF-9 (Planned Development 163-Revision 2-Single Family-9) to allow: replatting Lots 4&5, Block B, into one lot; reducing the fence/building line on Lot 1, Block B (612 St. James) from 25 to 15 feet along DeForest Road; revising the size of the common areas (Lots 1X and 19X, Block A); revising the size of Lots 1, 2, 14, 16 and 17, Block A; renaming Lot 15 to Lot 15X, and revising the 100-year Flood Plain line. 12. PUBLIC HEARING: Consider approval of the Windsor Estates, Replat, to allow: replatting Lots 4&5, Block B, into one lot; reducing the fence/building line on Lot 1, Block B (612 St. James) from 25 to 15 feet along DeForest Road; revising the size of the common areas (Lots 1X and 19X, Block A); revising the size of Lots 1, 2, 14, 16 and 17, Block A; renaming Lot 15 to Lot 15X, and revising the 100-year Flood Plain line. 13. PUBLIC HEARING: Consider approval of Case No. PD-131R5-SF-12, The Estates of Cambridge Manor, Lot 7, Block B, zoning change from PD-131R-SF-12 (Planned Development 131-Revised-Single Family-12) to PD-131R5-SF-12 (Planned Development 131-Revision 5-Single Family-12), to allow a reduction of the required rear yard from 20 feet to 12 feet to allow the expansion of the existing home located at 829 Kings Canyon Cour t. ag011304 Page 5 of 8 ITEM # ITEM DESCRIPTION 14. Consider approval of the St. Andrews Estates, Lots 1 through 24X, Block 2, Final Plat, to allow a 23-lot single-family subdivision, and one common area lot, on approximately 10 acres of proper ty located along the nor th side of DeForest Road between Prestwick Cour t and Stratford Lane. 15. Consider approval of the Coppell/121 Office Park, Preliminar y Plat, to allow the development of an office park on 8.38 acres of proper ty located along the nor th side of S.H. 121, approximately 875 feet west of Denton Ta p R o a d . 16. Consider approval of the Coppell/121 Office Park, Lot 2, Site Plan, to allow the development of an approximate 8,288 square-foot one-story office building on 1.1 acres of proper ty located along the nor th side of S.H. 121, approximately 1,134 feet west of Denton Tap Road. 17. Consider approval of the Coppell/121 Office Park, Lot 2, Final Plat, to allow the development of an approximate 8,288 square-foot one-stor y office building on 1.1 acres of proper ty located along the nor th side of S.H. 121, approximately 1,134 feet west of Denton Tap Road. 18. Consider approval of an Ordinance for Case No. PD-197R, Old Coppell Townhomes, zoning change from PD-197-HO-TH-1/C (Historic Overlay- Townhouse–1/Commercial) to PD-197R-HO-TH-1/C (Planned Development- 197 Revised-Historic Overlay-Townhouse-1/Commercial) to attach a Detail Site Plan to allow the development of 19 townhouses and a recreation area on approximately 2.9 acres of proper ty located along the east side of Coppell Road, nor th of Bethel Road, and authorizing the Mayor to sign. 19. Consider approval to reconsider Ordinance No. 2003-1063 amending the Code of Ordinances by amending Chapter 9, Ar ticle 902, Fence Regulations, by amending Section 9-2-7, Materials, to allow vinyl fencing and prohibit chain-link fence, in residentially-zoned districts; and authorizing the Mayor to sign. 20. Necessary action resulting from Work Session. 21. Mayor and Council Repor ts. A. Repor t by Mayor Stover regarding Metroplex Mayors' Meeting. B. Repor t by Councilmember Faught regarding "Make a Child Smile." C. Repor t by Councilmember Tunnell regarding National League of Cities. ag011304 Page 6 of 8 ITEM # ITEM DESCRIPTION 22. 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. 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. 23. Necessary Action Resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, 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 _________________, 2003, at __________________. ____________________________________ Libby Ball, City Secretar y ag011304 Page 7 of 8 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. ag011304 Page 8 of 8 KEY TO COUNCIL GOALS ICONS 2004 Economic Development • Focus on development "Hot Spots" • Develop comprehensive business retention plan • Develop partnerships to revitalize vacant retail properties • Make next level decisions on Old Coppell Quality Public Facilities & Infrastructure • Maintain and increase IMF funding as required • Maintain quality of public facilities • Provide quality park and recreation activities for all • Strategically plan for community's future water needs Excellent City Services & High Citizen Satisfaction • Finalize assessment of Fire Department needs • Focus on employee retention • Timely responsiveness with quality delivery of service • Provide for feedback opportunities for and input from citizens Sense of Community • Develop and support community special events • Develop and support activities and programs for teens • Create opportunities for citizen involvement • Assess and finalize decision on community cemetery Fiscal Stability • Continue systematic reduction and management of debt • Continue and improve financial planning and forecasting • Ensure community can financially maintain what had been developed • Continue to diversify the City's tax base Neighborhood Integrity • Focus on code enforcement • Proactively monitor neighborhoods • Develop a communication plan with Home Owner Associations • Update Master Plan and zoning to ensure consistency Effective Transportation • Reduce traffic congestion • Make policy decisions on regional transportation/DART • Support transortation issues related to air quality • Continue public education on regional transportation issues Safe Community • Maintain and improve on existing safety levels • Raise awareness and support for Homeland Security • Provide quality public safety education programs • Enhance traffic control efforts DATE: January 13, 2004 ITEM #: WS-2 AGENDA REQUEST FORM WORK SESSION A. Discussion regarding a Municipal Drainage Utility System Fee. B. Discussion regarding the design of Bethel Road (from Denton Tap Rd. to Freeport Parkway) and a portion of Coppell Rd. (from Bethel Rd. north to Cooper Lane). C. Discussion regarding City of Coppell Bond Rating Procedures. D. Discussion regarding the upcoming Citizen Summit. E. Discussion of Agenda Items. CM REVIEW: Agenda Request Form - Revised 10/02 Document Name: %worksession Page 1 of 6 "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works Date: January 13, 2004 RE: Work Session- Discussion regarding a Municipal Drainage Utility System Fee Since the December 9, 2003 City Council presentation concerning a Drainage Utility District, staff has been reviewing the types of projects for which funds would be utilized and the proposed fees to be assessed against various types of property. At the work session, the proposed fees will be discussed. In the preliminary ordinance presented on December 9th, residential single-family property is assessed on a per unit basis and the multi-family residential property, commercial/industrial property, and churches/daycare property is assessed on a per acre basis. As a reminder, there are various types of properties proposed to be exempt from the payment of fees. Those include: the State of Texas; Dallas and Denton Counties; City of Coppell; City of Dallas; Coppell, Carrollton-Farmers Branch and Lewisville Independent School Districts; and the Denton County Levee District. Also, any property which is currently undeveloped i.e., in its natural state, is not assessed until such time as it is developed. At the December 9th presentation of the draft ordinance, there was discussion about what category St. Joseph’s Village should be included in. I have included in it the Church/Daycare section because of its ownership by a non-profit organization. The Post Office has been included under commercial properties. DART property has not been included in any category and as such would not be assessed a fee. The DART property within the City of Coppell is basically the railroad track that runs through Coppell. At the January 13, 2004 City Council meeting, I will discuss my preliminary recommendations on fees to be assessed. With this agenda item I have included the previously provided schedule that shows a timeline for the various components of the adoption of a Drainage Utility District. The first notice of a Public Hearing on the creation of a Drainage Utility District was published in the Citizens’ Advocate on December 19, 2003, the second notice was published on December 26, 2003, and the third notice was published January 2, 2004. City Council will have the final ordinance brought before them for adoption on January 27, 2004. Page 2 of 6 "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" A consensus on the dollar amounts associated with the various fees needs to be provided at this Council meeting so that a notice can be published in the paper on January 23, 2004 that includes the proposed fees that will be assessed against each type of property. The fees will be discussed again with City Council on February 10, 2004. On February 24, 2004 there will be a public meeting to discuss the fees along with a fee resolution to adopt the fees. My approach to the fee calculations will be discussed in greater detail at the Council meeting; however, the following is my general approach to the calculation of the fees. There is currently approximately 4600 acres of developed land within the City of Coppell which includes single-family residential, multi-family residential, churches/daycare, and commercial properties. It does not include any city, school or undeveloped property within the city, nor any right-of-ways, Levee District property, railroads, etc. It is my opinion that in the first year of the program the rate for residential property should be set at $1.00/per single-family unit/per month. This equates to $12/per year/per home or approximately $125,000 per year in total. There are currently approximately 10,400 residential accounts within the City of Coppell. That number changes throughout the year as vacant properties are purchased and/or developed and obtain water service. My approach is to try and equate each classification of property back to single-family property. On average, there are approximately 4 single-family units per acre. Therefore, if you assessed $1/per single family unit, you are in essence assessing $4/per acre for single family use. In drainage calculations there is a general formula to calculate runoff from various types of properties. While I will not go into great detail, the general formula is “runoff = cia”. The “i” is the intensity of the rainstorm, the “a” is the total area, and the “c” is generally the impervious area. The “c” is the coefficient that I am focusing on as I make the presentation on how I arrived at my proposed fees. It is generally accepted that: Single-family residential has a “c” factor of .45, Multi-family residential has a “c” factor of .8, Church/Daycare has a “c” factor of .8, Commercial has a “c” factor of .9, and Impervious Area has a “c” factor of 1. In reviewing the “c” factors, it is safe to assume that approximately twice the amount of water runs off commercial property as it does from single-family property. Therefore, the per acre charge for commercial property should be twice as high as the per acre charge for single-family, or $8/per acre (4x2). The runoff coefficient for multi-family and church/daycare is 1.78 times greater than single- family (.8/.45). Therefore, the per acre charge should be 1.78 times greater or $7 (1.78x4). Page 3 of 6 "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" If you had 100% runoff, i.e., total impervious area, then the per acre charge should be 2.22 times greater than single-family (1/.45). Therefore, the per acre charge for impervious area should be 2.22 times greater than single-family or $9 (2.22x4). I know this is a complicated approach to try and determine fees, but I am trying to create an equality in the payment of fees between residential and other properties. However, if you look at the $7 or $8/per acre, you could have some properties being assessed as high as $580/per month or $7,050/per year. It is my opinion that this is an excessive amount to be charged back to the property owners. In reviewing other city’s ordinances, most cap the amount for commercial properties, realizing that an exorbitant monthly charge on commercial properties could be a detriment to development. I am suggesting that we cap commercial, multi-family and church/daycare. My recommendation would be to cap all charges at $75/per month. In essence, for any property over approximately 10-acres, the maximum charge would be $75/per month. Any property under 10-acres in size would be assessed based on the acreage. My recommendation for charges based on the above discussion and the attached chart is as follows: $1/per single family lot; $7/per acre for multi-family, with a minimum charge of $5 and a maximum charge of $75; $7/per acre for church/daycare, with a minimum charge of $5 and a maximum charge of $75; and $8/per acre for commercial, with a minimum charge of $5 and a maximum charge of $75. Based on the developed areas in Coppell and the above fee schedule, the following represents the estimated amount of money to be collected on a yearly basis. Single-family residential ≅ $125,000 Multi-family residential ≅ $9,500 Churches/Daycare ≅ $8,100 Commercial ≅ $98,000 * * The commercial is calculated as follows: There are approx. 45 properties over 10-acres and those 45 properties comprise 1049 acres of the total 1650 acres. So therefore, you only have 601 acres of commercial property that you are assessing at $8/per acre x 12 months. The other 45 properties are assessed a flat rate of $75/per month x 12 months. The total estimated amount of money to be collected on a yearly basis under this proposed fee structure and the capping of fees is $240,600. I know that this approach is confusing but it will be explained in greater detail at the work session. Staff will be available to answer any questions after the presentation at the Council meeting. Page 4 of 6 "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" Estimated Yearly Collections $5 min. / $75 max. Single-family 10400 x 1 x 12 = $124,800 Multi-family *790 x 12 = $9,480 Church/Daycare *675 x 12 = $8,100 Commercial ±601 x 8 x 12 45 x 75 x 12 = $57,696 = $98,196 = $40,500 * see attached charts Year / $240,576 Payment Yearly % Single-family 124,800 / 240,576 = 51.9% Multi-family 9,480 / 240,576 = 3.9% Church/Daycare 8,100 / 240,576 = 3.4% Commercial ±98,196 / 240,576 = 40.8% 100% Land Area % Single-family 2668 / 4622 = 57.7% Multi-family 180 / 4622 = 3.9% Church/Daycare 124 / 4622 = 2.7% Commercial ±1650 / 4622 = 35.7% 100% Adjust Area Based on Runoff % Single-family 2668 x .45 1200 / 2928 = 41% Multi-family 180 x .8 144 / 2928 = 4.9% Church/Daycare 124 x .8 99 / 2928 = 3.4% Commercial ±1650 x .9 1485 / 2928 = 50.7% 2928 / 100% Page 5 of 6 "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" Church / Daycare Acres $7/Acre Rounded $5 min. / $75 max. Church 2.95 20.65 20 Church 4.88 34.16 35 Church 1.86 13.02 15 Church 6.99 48.93 50 Daycare .89 6.23 5 Church 4.99 34.93 35 Daycare 2.21 15.47 15 Church 11.80 82.60 75 Church 8.68 60.76 60 Daycare 1.12 7.84 10 Daycare 1.08 7.56 10 Church 3.68 25.76 25 Daycare 1.41 9.87 10 Church 3.96 27.72 25 Church 19.70 137.90 75 Daycare 1.94 13.58 15 Church 5.99 41.93 40 Daycare 1.34 9.38 10 Church 29.11 203.77 75 Daycare 2.44 17.08 15 Church 7.60 53.20 55 124.62 $872.34 *$675 77.4% of maximum 675 872.34 Page 6 of 6 "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" Multi-family Units Acres $7/Acres Rounded $5 min. / $75 max. Apartments 160 17.59 123.13 75 Apartments 360 20.50 143.50 75 Apartments 157 8.46 59.22 60 Apartments 171 10.92 76.44 75 Apartments 350 20.84 145.88 75 Apartments 250 16.44 115.08 75 Apartments 386 20.88 146.16 75 Apartments 239 9.97 69.79 70 Apartments 192 7.50 52.50 50 Apartments 315 34.53 241.71 75 Condos 146 8.24 57.68 60 Condos 60 3.77 26.39 25 2786 179.64 $1,257.48 *$790 62.9% of maximum 790 1257.48 DUD Ordinance and Fee Schedule according to Local Government code Section 402.045 (c) and (d). CC DATE Action ¾ 12/9/03 CC / Work Session - discuss ordinance/some fees ¾ 1/13/04 CC/ Work Session – discuss fees & fee assessment Ordinance / Publish Notice (30 days prior to 1/27/04) • 12/19/03 (to paper 12/15/03) • 12/26/03 (to paper 12/15/03) • 1/2/04 (to paper 12/15/03) ¾ 1/27/04 CC/ Adoption of Ordinance Fee / Publish Notice (30 days prior to 2/24/04) • 1/23/04 (to paper 1/16/04) • 1/30/04 (to paper 1/26/04) • 2/13/04 (to paper 1/9/04) 2/10/04 CC ¾ 2/24/04 CC/ Adoption of Fees "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works Date: January 13, 2004 RE: Work Session – Discussion and consideration of the design of Bethel Road (from Denton Tap Rd. to Freeport Parkway) and a portion of Coppell Rd. (from Bethel Rd. north to Cooper Lane). On May 27, 2003, City Council approved a design contract with Freese and Nichols, Inc. for the design of Bethel Road from Denton Tap Rd. to Freeport Parkway and a portion of Coppell Rd. from Bethel Rd. north to Cooper Ln. We have been working with the consultant on the concept plan since that time. The process taken to get to this point included several meetings with the consultant to discuss the design of the roadway and to provide input on various components of the design as referenced in the Old Coppell Master Plan. I also provided the consultant with a preliminary schematic of Bethel Rd. from Denton Tap Rd. to Freeport Parkway, that I had drawn, that was presented to City Council on February 11, 2003 in Work Session. The goal of this project has been to try and stay as true as possible to the Old Coppell Master Plan. This roadway project does not incorporate all components of the Old Coppell Master Plan as the scope of our project is basically what is contained within the right-of-way of the roadway. Also, some components of the Old Coppell Master Plan are not yet included because they will be addressed at other stages i.e., preliminary or final plans. These include various components of the streetscape layout such as lighting, actual locations of walkways, surface material, etc. The conceptual plan as presented is to gain City Council consensus so that we can proceed to the preliminary design phase of the project and stay on track for a proposed bid date of June 2005. The main items to be reviewed during the conceptual plan deal with the roadway, roadway configuration at Denton Tap Rd., on-street parking concept, and location of parking spaces. In accordance with the City of Coppell Thoroughfare Plan, the majority of Bethel Road is designed as a two-lane roadway, except for the intersection of Bethel Rd. at Denton Tap Rd. At the intersection of Bethel Rd./Denton Tap there are five lanes provided. There are two westbound lanes coming from Denton Tap Rd. onto Bethel Rd. that transition down to one lane westbound approximately 500 feet west of Denton Tap Rd. There are three eastbound lanes leaving Bethel Rd. to Denton Tap Rd. to provide for a free right-turn lane for southbound Denton Tap Rd., a dedicated left-turn lane for northbound Denton Tap Rd. and a thru lane on Bethel Rd. to serve the Creekview subdivision. The transition from one lane eastbound to three lanes eastbound "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" begins approximately 400 feet west of Denton Tap Rd. Once Bethel Rd. becomes one lane each direction, it remains one lane each direction until it approaches Freeport Parkway. As Bethel Rd. approaches Freeport Pkwy, it expands out to a five-lane roadway to accommodate Bethel Road west of Freeport Parkway. The five lanes are three lanes westbound and two lanes eastbound. The three lanes westbound comprise a left-turn lane from Bethel Rd. to southbound Freeport Pkwy. and two thru lanes on Bethel Rd. to the proposed section of Bethel Rd. on the west side of Freeport Parkway. There are two eastbound lanes to accommodate the two eastbound lanes from the west side of Freeport Parkway. Again, Bethel Rd., other than the approach at Denton Tap Rd. and the approach at Freeport Pkwy., is a basic two-lane roadway approximately 28-feet wide from back of curb to back of curb. This is a typical street section for a residential roadway in the City of Coppell. There will be a sidewalk proposed along the south side of Bethel Road for the entire length of the Bethel Road project. Currently, there is not a sidewalk proposed along the north side due to some existing constraints. The roadway configuration of Bethel Road changes approximately 300 feet east of Mitchell Street to approximately 100 feet east of North Coppell Rd. to allow for some on-street parking along Bethel Rd. Currently, there is approximately 29 on-street parking spaces shown on Bethel Road. The Old Coppell Master Plan showed not only head-in on-street parking, but also parallel parking along portions of Bethel Rd. Because of safety concerns, the on-street parallel parking has been eliminated from this design. Also, along a portion of North Coppell Rd., on-street parking has been maintained along the west side of Coppell Rd. where it currently exists and also in front of the Senior Citizens Center where it currently exists. The walkways/sidewalks within the historic part of Coppell have been widened out to accommodate additional foot traffic. However, providing the on-street parking and the wider walkways creates a situation where a substantial amount of additional right-of-way is required from the adjacent properties. Again, this proposed alignment presented this evening is a concept plan that needs City Council consensus before we can proceed to the preliminary design phase to start specifically tying down design components and right-of-way needs. During the preliminary design phase it is my opinion that some additional design constraints could be identified that will require additional modification of the project prior to presenting preliminary plans to City Council for approval. An attempt has been made during the conceptual design to stay as true as possible to the Old Coppell Master Plan concept, while still accomplishing the goal of the Thoroughfare Plan to improve the roadway from Denton Tap Rd. to Freeport Pkwy. Staff recommends City Council provide direction for the consultant to proceed with the preliminary design of the roadway to be brought back at a later date for Council approval. Staff will be making a presentation at the Council meeting and will be available to answer any questions. DEPT: City Manager DATE: January 13, 2004 ITEM #: 5 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation naming the month of January, 2004 SCHOOL BOARD RECOGNITION MONTH, 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: !SchoolBd PROCLAMATION WHEREAS, the mission of the public schools is to meet the diverse educational needs of all children and to empower them to become competent, productive contributors to a democratic society and an ever-changing world; and WHEREAS, local school board members are committed to children and believe that all children can be successful learners, and that the best education is tailored to the individual needs of the child; and WHEREAS, local school board members work closely with parents, educational professionals, and other community members to create the educational vision we want for our students; and WHEREAS, local school board members are responsible for ensuring the structure that provides a solid foundation for our school system; and WHEREAS, local school board members are strong advocates for public education and are responsible for communicating the needs of the school district to the public and the public’s expectations to the district. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby declare my appreciation to the members of the Coppell Independent School Board, the Carrollton-Farmers Branch Independent School Board, and the Lewisville Independent School Board, and proclaim the month of January 2004 as “SCHOOL BOARD RECOGNITION MONTH” and urge all citizens to join me in recognizing the dedication and hard work of local school board members and in working with them to mold an education system that meets the needs of both today’s and tomorrow’s children. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _____ day of January 2004. ____________________________ Douglas N. Stover, Mayor ATTEST: ________________________ Libby Ball, City Secretary DATE: January 13, 2004 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: January 13, 2004 ITEM #: 7/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of minutes: December 9, 2003. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %minutes MINUTES OF DECEMBER 9, 2003 The City Council of the City of Coppell met in Regular Called Session on Tuesday, December 9, 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 Billy Faught, Councilmember Thom Suhy, Councilmember Bill York, Councilmember Councilmember Tunnell was absent from the meeting. Also present were City Manager Jim Witt, City Secretar y Libby Ball and City Attorney David Dodd. REGULAR SESSION (Open to the Public) 1. Call to order. Mayor Stover called the meeting to order, deter mined that a quorum was present and convened into Work Session. WORK SESSION (Open to the Public) 2. Convene Work Session A. Discussion regarding a Municipal Drainage Utility System. B. Discussion regarding the Neighborhood Electric Vehicles and Motor Assisted Scooters. C. Discussion regarding the Council Retreat. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 3. Invocation. The Reverend Dale Patterson, Presbyterian Church at Hackber r y, led those present in the Invocation. cm120903 Page 1 of 11 4. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 5. PROCLAMATIONS: A. Consider approval of a proclamation naming December 10, 2003 Tom Sawyer Recognition Day, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Tom Sawyer. Action: Mayor Pro Tem Peters moved to approve a Proclamation naming December 10, 2003 Tom Sawyer Recognition Day, and authorizing the Mayor to sign. Councilmember York seconded the motion, the motion car ried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. B. Consider approval of a proclamation naming Coppell a F.I.T. City USA, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to staff and members of the Y.M.C.A. who were present. Action: Councilmember Raines moved to approve a Proclamation naming Coppell a F.I.T. City USA, and authorizing the Mayor to sign. Councilmember Faught seconded the motion, the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. 6. Report by the Library Board. Saul Friedman, Library Board Chair, made the Board’s presentation to the Council. 7. Citizen’s Appearances. Brett Goldberg, 357 Hearthstone Drive, spoke regarding electric scooters. cm120903 Page 2 of 11 CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: November 11, 2003. B. Consider accepting resignation of Douglas Glanz from the Librar y Board. C. Consider appointing Soji John as a Regular member to the Librar y Board - ter m to expire October, 2004 and David Smith as an Alter nate member to the Librar y Board - ter m to expire October, 2005. D. Consider approval of award of Bid No. Q-1003-01 for annual contracts for purchase of fer tilizer and chemicals to Estes Inc., Justin Seed and Helena Chemical Co., as provided and highlighted on Bid Tabulation Q-1003-01, and as budgeted, and authorizing the City Manager to sign. Land Use and Development E. Consider approval of a six-month extension to the expiration date of the Coppell Commerce Center, Lot 1R, Block 3, Replat, to allow the construction of an approximate 106,000 square-foot office/warehouse building on approximately 7.3 acres of property located at the southeast cor ner of Bur ns and Freepor t Parkway. F. Consider approval of a License Agreement between the City of Coppell and Cur tis and Susan Davenpor t, the owners of the proper ty at 257 Rosemount Cour t (Lot 3, Block B, The Reser ve), to allow the constr uction of a wall for erosion protection; and authorizing the City Manager to sign. Resolutions G. Consider approval of a Resolution amending Resolution #010996.3, as heretofore amended, with regard to recreational fees, special event fees, trap fees, retur ned check charge, residential roll-of f dumpster fee and water conser vation rates, and authorizing the Mayor to sign. H. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Somera Communications Sales, Inc., and authorizing the Mayor to sign. cm120903 Page 3 of 11 Action: Councilmember Suhy moved to approve Consent Agenda Items A, B, C, D, E, F, G car r ying Resolution No. 2003-1209.1 and H carrying Resolution 2003-1209.2. Councilmember Brancheau seconded the motion, the motion car ried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. 9. PUBLIC HEARING: Consider approval of Case No. PD-197R, Old Coppell Townhomes, Detail Site Plan, zoning change request from PD-197-HO-TH-1/C (Historic Overlay- Townhouse–1/Commercial) to PD-197R-HO-TH-1/C (Planned Development-197 Revised-Historic Overlay-Townhouse-1/Commercial) to attach a Detail Site Plan to allow the development of 19 townhouses and a recreation area on approximately 2.9 acres of property located along the east side of Coppell Road, north of Bethel Road. Councilmember Faught, having filed with the City Secretar y a Conflict of Interest Affidavit reg arding Item 9 and Item 10, left Council Chambers at this point. Presentation: Gar y Sieb, Director of Planning, made a presentation to Council. Jason Marshall, 1201 Elm, Dallas, TX made a presentation on behalf of the applicant. Public Hearing: Mayor Stover opened the Public Hearing and asked for those persons wishing to speak reg arding this proposal. Greg McGahey, 788 Crestview Court, spoke in favor of the project. Action: Councilmember York moved to close the Public Hearing and approve Item 9 - Case No. PD-197R, Old Coppell Townhomes, Detail Site Plan, zoning change request from PD-197- HO-TH-1/C (Historic Overlay-Townhouse-1/Commercial) to PD-197R-HO-TH-1/C (Planned Development-197 Revised-Historic Overlay-Townhouse-1/Commercial) to attach a Detail Site Plan to allow the development of 19 townhouses and a recreation area on approximately 2.9 acres of property located along the east side of Coppell Road, north of Bethel subject to the following condition: 1. Provide details on location and design of mailboxes. cm120903 Page 4 of 11 And Item 10 - Approve the Old Coppell Townhomes, Preliminary Plat, to allow the development of 21 residences, a recreation area and 2 commercial uses on 3.81 acres of property located on the east side of Coppell Road, north of Bethel Road subject to the following conditions: 1. Electric and gas easements need to be deter mined. 2. City utility needs will continue to be evaluated during Engineering reviews. Easements may be needed. 3. Ensure all utility lines, including ser vice lines, are kept out of the driveway stamped-concrete paver areas. Councilmember Raines seconded the motion, the motion carried 4-1 with Councilmembers Brancheau, Raines, Suhy and York voting in favor of the motion and Mayor Pro Tem Peters voting ag ainst the motion. Councilmember Faught reentered Council Chambers and took his place at the dais at this time. 10. Consider approval of the Old Coppell Townhomes, Preliminary Plat, to allow the development of 21 residences, a recreation area and 2 commercial uses on 3.81 acres of property located along the east side of Coppell Road, north of Bethel Road. This Item was discussed during Item 9. See Item 9 for minutes. 11. PUBLIC HEARING: Consider approval of Case No. PD-185R-LI, Coppell Industrial Addition (Tradepoint), zoning change request on 98.84 acres of property from PD-185- LI to PD-185R-LI to attach a Detail Site Plan to allow for an approximate 350,183 square-foot expansion to the existing 600,000 square-foot building on Lot 1R and the development of an approximate 952,094 square-foot office/warehouse building on Lot 2 located 50’ east of Royal Lane; north of Bethel Road, at the request of Hillwood Fund No. 1, LP. Presentation: Gar y Sieb, Director of Planning, made a presentation to Council. Jennifer Dicks, 5430 LBJ Freeway, Suite 800, Dallas, TX made a presentation on behalf of the applicant. cm120903 Page 5 of 11 Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Faught moved to close the Public Hearing and approve Case No. PD-185R- LI, Coppell Industrial Addition (Tradepoint), zoning change request on 98.84 acres of property from PD-185-LI to PD-185R-LI to attach a Detail Site Plan to allow for an approximate 350,183 square-foot expansion to the existing 600,000 square-foot building on Lot 1R and development of an approximate 952,094 square-foot office/warehouse building on Lot 2 located 50’ east of Royal Lane; north of Bethel Road. Councilmember Raines seconded the motion, the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. 12. PUBLIC HEARING: Consider approval of the Coppell Industrial Addition (Tradepoint), Lots 1R and 2, Block A, Replat and Final Plat, being a replat of Lot 1, Block A, and a Final Plat of Lot 2, Block A, on 98.84 acres of property to allow for an approximate 350,183 square-foot expansion to the existing 600,000 square-foot building on Lot 1R and the development of an approximate 952,094 square- foot office/warehouse building on Lot 2 located 50’ east of Royal Lane; north of Bethel Road. Presentation: Gar y Sieb, Director of Planning, made a presentation to Council. Action: Councilmember Brancheau moved to close the Public Hearing and approve the Coppell Industrial Addition (Tradepoint), Lots 1R and 2, Block A, Replat and Final Plat, being a replat of Lot 1, Block A, and a Final Plat of Lot 2, Block A, on 98.84 acres of property allow for an approximate 350,183 square-foot expansion to the existing 600,000 square-foot building on Lot 1R and the development of an approximate 952,094 square-foot office/warehouse building on Lot 2 located 50’ east of Royal Lane, north of Bethel Road subject to the following conditions: 1. Additional easements may be required during the engineering review process. 2. Provision of easements as may be required by franchise utility companies (i.e., Oncor/Comcast/ Verizon). cm120903 Page 6 of 11 Councilmember Faught seconded the motion, the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. 13. PUBLIC HEARING: Consider approval of Case No. S-1198R2, Assured Self Storage, zoning change request from LI-S-1198R (Light Industrial-Special Use Permit-1198 Revised) to LI-S-1198R2 (Light Industrial-Special Use Permit-1198 Revision 2), to amend the Site Plan to allow for additional attached signage for an existing 75,000 square-foot mini-warehouse facility on 4.83 acres of property located at 1751 E. Belt Line Road. Presentation: Gar y Sieb, Director of Planning, made a presentation to Council. Public Hearing: Mayor Stover opened the Public Hearing and asked for those persons wishing to speak reg arding this proposal. Charles Bogard, 101 N.W. 17th, spoke in favor of the project. Action: Councilmember Suhy moved to close the Public Hearing and approve Case No. S-1198R2, Assured Self Storage, zoning change request from LI-S-1198R (Light Industrial-Special Use Per mit-1198 Revision 2), to amend the Site Plan to allow for additional attached signage for an existing 75,000 square-foot mini-warehouse facility on 4.83 acres of property located at 1751. E. Belt Line Road. Councilmember York seconded the motion, the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. 14. Consider approval of the Shadow Ridge Addition, 5th Increment, Lots 1 and 2, Block A, Minor Plat, to allow two SF-12 (Single Family-12) lots on approximately 0.87 of an acre of property located at the southeast corner of Coppell Road and Plantation Drive. Presentation: Gar y Sieb, Director of Planning, made a presentation to Council. cm120903 Page 7 of 11 Action: Councilmember Brancheau moved to approve the Shadow Ridge Addition, 5th Increment, Lots 1 and 2, Block A, Minor Plat, to allow two SF-12 (Single Family-12) lots on approximately 0.897 of an acre of property located at the southeast corner of Coppell Road and Plantation Drive subject to the following conditions: 1. City Council will grant a wavier to the alley requirement. 2. Preliminar y engineering plans being approved by the Engineering Department prior to the filing of the plat and final engineering plans being approved by the Engineering Department prior to the issuance of a building per mit. 3. A per mit will be required prior to the removal of any trees. Councilmember Raines seconded the motion, the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. 15. PUBLIC HEARING: Consider approval of Text amendments to Chapter 12, Zoning, of the Code of Ordinances amending Article 29, Sign Regulations, to delete all references to temporary off- and on-premise signage. Presentation: Gar y Sieb, Director of Planning, made a presentation to 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 Text amendments to Chapter 12, Zoning, of the Code of Ordinances amending Article 29, Sign Regulations, to delete all references to temporar y off- and on-premise signage. Councilmember Faught seconded the motion, the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. 16. Consider approval of an Ordinance amending the Code of Ordinances of the City of Coppell, by amending Article 8-5, General Traffic Regulations, by cm120903 Page 8 of 11 adding Section 8-5-5 to prohibit the operation of neighborhood electric vehicles and motor assisted scooters on streets, highways, and alleys; by amending Article 8-6 by providing a new title and by amending Sections 8-6-1 through 8-6-3 to provide a definition and regulations for motor assisted scooters; by amending Chapter 9, Section 9-11-3 by adding subsection (T) to regulate the use of motorized vehicles and motor assisted scooters on park property; providing a repealing clause; providing a severability clause; providing for a penalty; and providing an effective date; and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, made a presentation to Council. Action: Councilmember Suhy moved to approve Ordinance No. 2003-1067 amending the Code of Ordinances of the City of Coppell, by amending Article 8-5, General Traffic Regulations, by adding Section 8-5-5 to prohibit the operation of neighborhood electric vehicles and motor assisted scooters on streets, highways, and alleys, by amending Article 8-6 by providing a new title and by amending Section 8-6-1 through 8-6-3 to provide a definition and regulations for motor assisted scooters; by amending Chapter 9, Section 9-11-3 by adding subsection (T) to regulate the use of motorized vehicles and motor assisted scooters on park property; providing a repealing clause; providing a severability clause; providing for a penalty; and providing an effective date; and authorizing the Mayor to sign. Mayor Pro Tem Peters seconded the motion, the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. 17. Necessary action resulting from Work Session. There was no action necessary on this item. 18. City Manager's Report. A. Council Goals FY 2004. B. C-CERT Training. A. Jim Witt, City Manager, updated Council on the status of Council Goals FY 2004. B. Jim Witt, City Manager, asked Council to retur n their C-CERT invitations to him and thanked Council for their support of C-CERT. cm120903 Page 9 of 11 19. Mayor and Council Reports. A. Repor t by Mayor Stover regarding the Christmas Parade and Holiday Season. A. Mayor Stover wished all citizens and Councilmembers in Coppell a ver y happy and safe holiday season. Mayor Stover also talked about the great success of the Christmas Parade and thanked all City staff for the assistance. 20. Council Committee Reports. A. Car rollton/Far mer s Branch ISD/Lewisville ISD - Councilmember Suhy. B. Coppell ISD - Councilmembers Raines and York. C. Coppell Senior s - 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 Ser vice Center - Councilmember Brancheau. H. Nor th Texas Council of Gover nments - Councilmember Tunnell. I. Nor th Texas Commission - Councilmember Tunnell. J. Senior Adult Ser vices - 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. A. Councilmember Suhy announced that Lewisville I.S.D. has joined Carrollton/ Far mer’s Branch I.S.D. and Coppell I.S.D., in the lawsuit regarding Robin Hood funding. B. Councilmember Raines announced that Coppell I.S.D. has formed a committee to explore whether the I.S.D. should stay with the Tri-mester for mat or change to a semester for mat at the Coppell schools. C. Councilmember York announced that long-time Coppell resident Martha Jo Cozby is in the hospital and asked for ever yone’s prayers. D. Mayor Pro Tem Peters reported on the Dallas Regional Mobility Coalition meeting she attended on December 4th and 5th. E. Mayor Pro Tem Peters reported on the Coppell Economic Development Committee meeting she attend on November 12th and complimented Andrea Roy, Economic Development Coordinator and Chad Beach, Assistant Finance Director, on the presentation they presented to the new Committee members. cm120903 Page 10 of 11 cm120903 Page 11 of 11 F. There was nothing to report on this item. G. There was nothing to report on this item. H. There was nothing to report on this item. I. There was nothing to report on this item. J. Councilmember Suhy reported that the Senior Adult Services held a Planning Session on December 2, 2003. K. There was nothing to report on this item. L. There was nothing to report on this item. M. There was nothing to report on this item. 21. Necessary Action Resulting from Executive Session. There was no action necessary on 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 DEPT: City Secretary DATE: January 13, 2004 ITEM #: 7/B AGENDA REQUEST FORM ITEM CAPTION: Consider accepting resignation of John Valentine from the Keep Coppell Beautiful Committee. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %KCBresignation DEPT: City Manager DATE: January 13, 2004 ITEM #: 7/C AGENDA REQUEST FORM ITEM CAPTION: Consider approval of revised bylaws for the Coppell Education Development Corporation. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !CEDCBylaws Page 1 BYLAWS OF COPPELL EDUCATION DEVELOPMENT CORPORATION ARTICLE I PURPOSE AND POWERS Section 1. Purpose. The Corporation is incorporated for the purposes set forth in Article 4.02 of its Articles of Incorporation, the same to be accomplished on behalf of the City of Coppell, Texas (the “City”) as its duly constituted authority and instrumentality in accordance with the Better Jobs Act and Municipal Education Development Act of 2001, as amended, TEXAS LOCAL GOVERNMENT CODE §379A, as may be amended, and other applicable laws. Section 2. Powers. In the fulfillment of its corporate purpose, the Corporation shall be governed by Section 379A of the TEXAS LOCAL GOVERNMENT CODE, as may be amended, and Article IV, Purposes of its Articles of Incorporation, and in other applicable law, subject to the limitations prescribed herein. Section 3. Gender. The use of words in the masculine gender include the feminine also, unless by reasonable construction it appears that such was not the intention of the language. ARTICLE II OFFICES Section 1. Principal Office. The principal office of the Corporation in the State of Texas shall be located at 255 Parkway Boulevard in the City of Coppell, Dallas County, Texas. Section 2. Registered Office and Registered Agent. The Corporation shall have and continuously maintain in the State of Texas a registered office, and a registered agent whose office is identical with such registered office, as required by the Texas Nonprofit Corporation Act. The registered office may be, but need not be, identical with the principal office of the Page 2 Corporation in the State of Texas, and the address of the registered office may be changed from time to time by the Board. ARTICLE III STOCKHOLDERS The Corporation shall have no members or stockholders. ARTICLE IV BOARD OF DIRECTORS Section 1. Powers, Number and Term of Office. (a) The property and affairs of the Corporation shall be managed and controlled by a Board of Directors (the “Board”) and, subject to the restriction imposed by law, by the Articles of Incorporation, and by these Bylaws, the Board shall exercise all of the powers of the Corporation. (b) The Board shall consist of seven (7) directors, each of whom shall be appointed at will by the City Council (the “Council”) of the City. All directors of the Board must qualify in accordance with Section 379A.021 of The TEXAS LOCAL GOVERNMENT CODE, as may be amended. The Council shall consider an individual’s experience, accomplishments and educational background in appointing directors to the Board to ensure that the interests and concerns of all segments of the City are considered. (c) The directors constituting the initial Board shall be those directors named in the Article of Incorporation. In order to establish staggered terms, the initial three (3) directors appointed at large shall serve one (1) year terms, the initial four (4) directors shall be appointed to serve two (2) year terms. Thereafter, each successor director shall be appointed and shall serve for two (2) years or until his or her successor is appointed as hereinafter provided. Page 3 (d) Any director may be removed at will by the Council. (e) If a director is absent for three (3) consecutive regularly scheduled Board meetings, or twenty-five percent (25%) of the regularly scheduled Board meetings within a 12-month period, as defined by the Council, said director shall be removed from the Board, and the Council will fill the unexpired term. Section 2. Meeting of Directors. The directors may hold their meetings at such place or places in the City as the Board may from time to time determine; provided, however, in the absence of any such determination by the Board, the meetings shall be held at the principal office of the Corporation as specified in Article II of these Bylaws. Section 3. Open Meeting Act. All meetings and deliberations of the Board shall be called, convened, held, and conducted, and notice shall be given to the public, in accordance with the Texas Open Meeting Act, Section 551.01 et seq., TEXAS LOCAL GOVERNMENT CODE, as amended. Section 4. Notice of Meetings. To the extent that the Open Meeting Act conflicts with the provisions of this section, the Open Meeting Act shall govern. At any meeting at which every director shall be present, even though without any notice, any matter pertaining to the purpose of the Corporation may be considered and acted upon consistent with applicable law. (a) Regularly scheduled Board meetings shall be held without the necessity of written notice to the directors at such times and places as shall be designated from time to time by the Board. (b) Special Meetings of the Board shall be held whenever called by the President, by the Secretary, by a majority of the directors, or by a majority of the Council. Page 4 (c) The Secretary or their designee shall give two (2) forms of notice, including but not limited to notice in person, by mail, telephone, email, and/or fax, to each director of any Special Meeting, at least two (2) hours before said Special meeting. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of the Corporation may be considered and acted upon at a Special Meeting. (d) Whenever any notice is required to be given to the Board, said notice shall be deemed to be sufficient if given in a manner as described in Section 4c. Attendance of each director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objection to the transaction of any business on the grounds that the meeting is not lawfully called or convened. Neither the business to be transacted nor the purpose of any Regular or Special Meeting of the Board need be specified in the notice or waiver of notice of such meeting, unless required by the Board. A waiver of notice in writing, signed by the person or person entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. Section 5. Quorum. A majority of the directors shall constitute a quorum for the conduct of the official business of the Corporation. The act of a majority of the Board (4 directors) at a meeting at which a quorum is in attendance shall constitute the act of the Board and of the Corporation unless the act of a greater number is required by law. Section 6. Conduct of Board. (a) At the meetings of the Board, matters pertaining to the business of the Corporation shall be considered in accordance with rules of procedure as from time to time prescribed by the Board or the law. Page 5 (b) At all meetings of the Board, the President shall preside, and in the absence of the President, the Vice President shall exercise the powers of the President. (c) The Secretary of the Corporation or their designee shall act as secretary of all meetings of the Board, but in the absence of the Secretary, the presiding officer may appoint any person to act as secretary of the meeting. (d) A director may not vote or participate in a meeting by proxy. (e) Should any director choose to abstain from voting on any motion before the Board, where no declared conflict of interest exists, the abstention shall be recorded as an affirmative vote in favor of the motion pending before the Board in the official minutes of the Coppell Education Development Corporation. Section 7. Compensation of Directors. Directors shall not receive a salary or any other compensation for their service as directors. However, directors may be reimbursed for their actual expenses incurred in the performance of their duties subject to approval of City Council. Section 8. Powers. (a) The Corporation shall have only those powers set forth in the ballot giving rise to the Corporation and stated in the Articles of Incorporation of the Corporation which are the following general powers: To award grants pursuant to TEXAS LOCAL GOVERNMENT CODE §379A, as may be amended, to publicly fund education institutions for programs that will promote a skilled workforce: (i) Literacy; (ii) Career Technology; and (iii) Foreign Languages. Page 6 (b) All grants awarded by the Board of directors shall be made to publicly funded institutions in proportion to the number of Coppell students in accordance with total enrollment figures that are to be submitted to the CEDC no later than February 1 of each calendar year. In order to be eligible for grants during a calendar year, enrollment figures must be submitted by the February 1 deadline. ARTICLE V OFFICERS Section 1. Titles and Term of Office For Elected Officers. (a) The officers of the Corporation shall be a President, a Vice President, and a Secretary, and such other officers as the Board may from time to time elect or appoint. The President, Vice President and the Secretary shall be named from among the directors of the Board. One person may hold more than one office, except that the President shall not hold the office of Secretary. Terms of office shall be one (1) year with the right of an officer to be reelected. (b) All officers shall be subject to removal from office at any time by a majority vote of the entire Board. (c) A vacancy in the office of any officer shall be filled by a majority vote of the entire Board. Section 2. President. The President shall be the presiding officer of the Board with the following authority: (a) Shall preside over all meetings of the Board. (b) Shall have the right to vote on all matters coming before the Board. Page 7 (c) Shall have the authority, upon notice to the directors of the Board, to call a Special Meeting of the Board. (d) Shall have the authority to appoint standing committees to aid and assist the Board in its business undertakings or other matters incidental to the operation and functions of the Board. (e) Shall have the authority to appoint ad hoc committees which may address issues of a temporary nature of concern or which have a temporary affect on the business of the Board. In addition to the above mentioned duties, the President shall sign official documents which the Board has approved, unless the execution of said document has been expressly delegated to some other officer or agent of the Corporation by appropriate Board resolution, by a specific provision of these Bylaws, by statute, or by the ordinances of the City. In general, the President shall perform all duties incident to the office, and such other duties as shall be prescribed from time to time by the Board. Section 3. Vice President. The Vice President shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the President during that officer’s absence or inability to act. Any action taken by the Vice President in the performance of the duties of the president shall be conclusive evidence of the president’s absence or inability to act at the time such action was taken. Section 4. Secretary. The Secretary shall be a director of the Board and shall have charge of the corporate books, records, documents and instruments, except the papers as the Board may direct, all of which shall at all reasonable times be open to public inspection upon application at the office of the Corporation during business hours, and shall in general perform all duties incident to the office of secretary subject to the control of the Board. Page 8 Section 5. Titles and Term of Office For City Appointed Officers. There shall be a Chief Financial Director of the Board, which is an ex-officio director of the Board, and shall be the Financial Director of the City as appointed by the City Manager. The Chief Financial Director shall have the responsibility to oversee the handling, custody, and security of all funds and securities of the Corporation in accordance with these Bylaws; and, shall see to the entry in the books of the Corporation full and accurate accounts of all monies received and paid out on account of the Corporation. The Chief Financial Director shall, at the expense of the Corporation, give such bond for the faithful discharge of the duties in such form and amount as the Board or the Council may require. Section 6. Compensation. Officers of the Corporation who are directors of the Board shall not receive any salary or compensation for their services, except that they may be reimbursed for their actual necessary expenses incurred in the performance of their duties hereunder, subject to the approval of the Council. Section 7. Contracts for Service. The Corporation may contract with any qualified and appropriate person, association, corporation or political subdivision, municipal corporation or other governmental body to perform and discharge designated tasks which will aid or assist the Board in the performance of its duties. However, no such contract shall ever be approved or entered into which seeks or attempts to divest the Board of its discretion and policy-making functions in discharging the duties herein. Page 9 ARTICLE VI FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS Section 1. Annual Corporate Budget. (a) On or before October 1 of each fiscal year, the Board shall prepare or direct the preparation of a Report which comprises: (i) An annual performance review and evaluation of activities performed by the Board; (ii) A projection of goals and programs for the coming year; and (iii) An annual budget of expected revenues and proposed expenses. The Report shall be submitted to the Council and the City Manager of the City at either a regular or Special Meeting of the City Council no later than November 15. (b) In addition to the Annual Corporate Budget, the Corporation shall submit either written or verbal reports of activities and financial matters to the Council and City Manager of the City quarterly, or as otherwise may be specified, but in no event less than required in Section 379A.025 of TEXAS LOCAL GOVERNMENT CODE, as may be amended. Section 2. Books, Records, Audits. (a) The Corporation shall keep and properly maintain, in accordance with generally accepted accounting principles, complete books, records, accounts, and financial statements pertaining to its corporate funds, activities, and affairs. The Corporation may enter into one or more agreements with the City to obtain financial management and accounting services upon terms, conditions and compensation as mutually agreeable. Page 10 (b) The Corporation shall cause its books, records, accounts, and financial statements to be audited at least once each fiscal year by an outside, independent auditing and accounting firm approved by the City. Such audit shall be at the expense of the Corporation. (c) All other monies of the Corporation shall be deposited, secured, and/or invested in the manner provided for the deposit, security, and/or investment of the public funds of the City. The Board shall delegate the responsibility of investing funds of the Corporation and reconciling accounts of the Corporation to the Finance Department of the City. Section 3. Expenditures of Corporate Money. The monies of the Corporation, including sales and use taxes collected pursuant to Section 379A.025 of TEXAS LOCAL GOVERNMENT CODE, as may be amended, derived from the repayment of loans, the proceeds from the investments of funds of the Corporation, and/or gifts may be expended by the Corporation for any of the purposes authorized by the Section 379A.025 of TEXAS LOCAL GOVERNMENT CODE, as may be amended, subject to the following limitations: (i) Expenditures for the proceeds of the Corporation shall be identified and described in the orders, resolutions, indentures or other agreements submitted to and approved by the Board; and (ii) All other proposed expenditures shall be made in accordance with and shall be set forth in the Annual Corporate Budget required by these Bylaws. Section 4. Conflicts of Interest. A Board director, officer of the Corporation, or member of the Council may not lend money to or otherwise transact business with the Corporation except as provided in the Bylaws, Articles of Incorporation, and all applicable laws. The Corporation shall not borrow money from or otherwise transact business with a Board director, officer, or a member of the Council unless the transaction is described fully in a legally binding instrument Page 11 and is in the best interest of the Corporation. The Corporation shall not borrow money from or otherwise transact business with a Board director, officer, or member of the Council unless: (i) There is a full disclosure of all relevant facts; and (ii) The Board has approved, not including the vote of any person having a personal interest in the transaction in accordance with the conflict of interest statutes of the State of Texas, said business transaction. Section 5. Gifts. The Board may accept on behalf of the Corporation any contribution, gift, bequest, or devise for the general purposes or for any special purpose of the Corporation and be distributed or utilized in compliance with Section 379A of the TEXAS LOCAL GOVERNMENT CODE, as may be amended, Referendum approving the sales and tax use, the Articles of Incorporation and these Bylaws. ARTICLE VII MISCELLANEOUS PROVISIONS Section 1. Fiscal Year. The fiscal year of the Corporation shall be October 1st to September 30th. Section 2. Seal. The Board may provide for a seal. Section 3. Resignation. Any director or officer may resign at any time. Such resignation shall be made in writing and shall take effect at the time specified therein, or, if no time is specified, at the time of its receipt by the President or Secretary. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. Section 4. Approval or Advice and Consent by the Council. To the extent that these Bylaws refer to any approval by the Council or refer to advice and consent by the Council, such Page 12 approval, or advice and consent shall be evidenced by a certified copy of a resolution, order, or motion duly adopted by the Council. Section 5. Services of City Staff and Appointed Officers. Subject to approval from the Coppell City Manager, the Corporation shall have the right to utilize the services of the City personnel, provided: (i) That the Corporation shall pay reasonable compensation to the City of Coppell for such services; and (ii) The performance of such services does not materially interfere with the other duties of such personnel of the City of Coppell. Section 6. Indemnification of Directors, Officers and Employees. (a) As provided in Section 379A.025 of TEXAS LOCAL GOVERNMENT CODE, as may be amended, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code, as amended), a governmental unit and its actions are governmental functions. (b) The Corporation shall indemnify a person who was, is or has been threatened to be made a named defendant or respondent in a proceeding because the person is or was a Board director, officer, or agent, but only if the determination to indemnify is made in accordance with the provision of Texas Tort Claims Act. (c) The Corporation may purchase and maintain insurance on behalf of any Board director, officer, employee, or agent of the Corporation, or on behalf of any person serving at the request of the Corporation as a Board director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against any liability asserted against that person and incurred by that person in any such capacity or arising out of any such Page 13 status with regard to the Corporation, whether or not the Corporation has the power to indemnify that person against liability for any of those acts. ARTICLE VIII EFFECTIVE DATE, AMENDMENTS, AND ARTICLES AND BYLAWS Section 1. Effective Date. These Bylaws shall become effective upon the occurrence of the following events: (i) The adoption of these Bylaws by the Board; and (ii) The approval of these Bylaws by the Coppell City Council. Section 2. Amendments to Articles of Incorporation and Bylaws. These Bylaws may be amended or repealed and new bylaws may be adopted by a majority vote of the Board directors present at any regular meeting or at any Special Meeting, if at least five (5) days written notice, pursuant to Article IV, Section 4 of these Bylaws, is given of any intention to amend or repeal these Bylaws or to adopt new bylaws at such meeting. Any amendment of these bylaws will be effective upon approval by the Coppell City Council. Adopted this the _______ day of ___________________, 2003. By: President of the Board of Directors ATTEST: By: Secretary DEPT: Engineering DATE: Janury 13, 2004 ITEM #: 7/D AGENDA REQUEST FORM ITEM CAPTION: Consider approval of payment to Dallas County for the City of Coppell’s 20 percent share of the Congestion Mitigation and Air Quality Improvement project at the intersection of MacArthur Blvd. and Belt Line Rd. in the amount of $51,477.98, as provided for in Capital Improvement Funds. GOAL(S): EXECUTIVE SUMMARY: Approval of this agenda item will allow Dallas County to proceed with the widening of MacArthur Blvd at Belt Line Rd. to facilitate traffic movement in the area. Staff will available to answer any questions. FINANCIAL COMMENTS: Funds for this payment are available in the Street CIP accounts. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: #CMAQ-1AG "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works Date: January 13, 2004 RE: Consider approval of payment to Dallas County for the City of Coppell’s 20 percent share of the Congestion Mitigation and Air Quality Improvement project at the intersection of MacArthur Blvd. and Belt Line Rd. in the amount of $51,477.98, as provided for in Capital Improvement funds. In the mid 1990’s, the City of Coppell obtained a Congestion Mitigation and Air Quality Improvement (CMAQ) grant that covered various intersections throughout the City of Coppell. Initially some of those projects were located along Sandy Lake Road and along Belt Line/Denton Tap Road. Because of the timing of the funding, several of those intersections have already been improved either through other City projects or by private developers. The last remaining improvement project is the intersection of MacArthur Blvd./Belt Line Rd. This project will provide for a dedicated dual left-turn lane for southbound MacArthur Blvd. to facilitate eastbound movement on Belt Line Rd. in the morning hours. To accomplish the widening of the intersection, a portion of the railroad tract needs to be replaced along with the replacement of the railroad crossing arms and the controller for the railroad crossing. In anticipation of this project, the City of Coppell has prepared a preliminary design for MacArthur Blvd. that adds a third southbound lane from the end of this project northward to the intersection of Bethel School Rd. The combination of these two projects will facilitate southbound traffic, especially in the morning hours. The total cost of this improvement is approximately $417,715. Once this payment is made, the City’s total cost of the project will be $83,543. Again, this is 20% of the project. This project has all approvals in place from the State and Dallas County and bids have been received by Dallas County. To keep the project moving ahead and to insure the widening of MacArthur Blvd. at Belt Line Rd. to facilitate traffic movements, staff recommends payment of $51,477.98 to Dallas County for the City of Coppell’s 20 percent share of the CMAQ project at the intersection of MacArthur Blvd./Belt Line Rd. Staff will be available to answer any questions at the Council meeting. DEPT: Planning DATE: January 13, 2004 ITEM #: 7/E AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance to amend the Land Use Plan of the 1996 Comprehensive Master Plan to reflect existing zoning/land uses on the following properties: a portion of Northlake Estates (Howell and Bullock Drives) from Mixed Use to Medium Density Residential and the east side of Denton Tap, north of Belt Line Road from Light Industrial/Showroom to Mixed Use, 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 April 17, 2003, the Planning & Zoning Commission unanimously approved these changes (6-0). On May 13, 2003, Council unanimously approved these changes (7-0). Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @LUPHowell,etc. ORD 1-AR(C) 1 61608 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE LAND USE MAP OF THE COMPREHENSIVE PLAN CHANGING LAND USE DESIGNATIONS ON SPECIFIC TRACTS OF LAND AS DESCRIBED HEREIN AND AUTHORIZING THE DIRECTOR OF PLANNING TO AMEND THE LAND USE MAP IN ACCORDANCE WITH EXHIBITS “A” AND “B” THE AND INCORPORATED HEREIN FOR ALL PURPOSES; 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, in accordance with Chapter 213 of the TEXAS LOCAL GOVERNMENT CODE, the required public hearings have been held on or about April 17, 2003; and WHEREAS, the City Council is of the opinion that the Comprehensive Plan should be changed to reflect the changes in the land use designations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the Comprehensive Plan and the Land Use Map thereof be amended, by providing new designations on certain tract of land as follows: A. From Mixed Use to Residential Medium Density designation on approximately nine (9) acres, containing 31 lots located along Bullock and Howell Drives (Exhibit “A”) B. From Light Industrial/Showroom to Mixed Use designation on approximately 19.5 acres located along the east side of Denton Tap Road between Belt Line and the Railroad (DART R.O.W.) (Exhibit “B”). SECTION 2.That the Director of Planning is hereby authorized to amend the Land Use Map of the Comprehensive Plan as depicted on Exhibits “A” and “B”, attached to hereof and made a part for all purposes. 2 61608 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 sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances as amended hereby, which shall remain in full force and effect. SECTION 5.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 6.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 ___________________, 2004. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY 3 61608 APPROVED AS TO FORM: ________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 1/2/04 Reviewed & Revised) c i t y o f c o p p e l l Planning Department Mixed Use to Residential Medium Density N EXHIBIT “A” c i t y o f c o p p e l l Planning Department Light Industrial/ Showroom to Mixed Use N EXHIBIT “B” DEPT: Planning DATE: January 13, 2004 ITEM #: 7/F AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance to amend the Land Use Plan of the 1996 Comprehensive Master Plan from Regional Retail and Light Industrial/Showroom to Freeway Commercial, and change the zoning of Case No. ZC- 611(CH), from LI (Light Industrial) to HC (Highway Commercial) on approximately 58.6 acres of property located east of S.H 121 north and south of Sandy Lake 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 May 15, 2003, the Planning & Zoning Commission unanimously approved these changes (7-0). On June 10, 2003, Council unanimously approved these changes (6-0). Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @LUPZC611(CH) ORD 1-AR(C) 1 61615 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM LI (LIGHT INDUSTRIAL) TO HC (HIGHWAY COMMERCIAL) ON APPROXIMATELY 58.6 ACRES OF PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” AND FURTHER AMENDING, IN PART, THE LAND USE MAP OF THE COMPREHENSIVE PLAN CHANGING THE DESIGNATION FROM REGIONAL RETAIL AND LIGHT INDUSTRIAL/SHOWROOM TO FREEWAY COMMERCIAL DESIGNATION ON THE TRACTS OF LAND AS DESCRIBED HEREIN, AND AUTHORIZING THE DIRECTOR OF PLANNING TO AMEND THE LAND USE MAP IN ACCORDANCE THE EXHIBIT “B”, ON APPROXIMATELY 58.6 ACRES LOCATED EAST OF S.H. 121 NORTH AND SOUTH OF SANDY LAKE ROAD AND ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; 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-611(CH) 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 (Light Industrial) to HC (Highway Commercial) on approximately 56.6 acres of property being more particularly described 2 61615 in Exhibit “A” and further amending, in part, the Comprehensive Plan and the Land Use Map thereof by changing the designation from Regional Retail and Light Industrial/Showroom to Freeway Commercial designation on the tracts of land as described herein, on approximately 58.6 acres of property being more particularly described in Exhibit “B”, attached hereto and made a part hereof for all purposes. SECTION 2.That the property shall be used only in the manner and the purpose provided in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 3. 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 4. 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 5. 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 6. 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 61615 SECTION 7.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 8.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 ___________________, 2004. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 1/6/04 Reviewed & Revised) ZC-611(CH) EXHIBIT A-1 Page 1 of 3 FIELD NOTE DESCRIPTION STATE OF TEXAS COUNTY OF DALLAS BEING a tract of land situated in the T.W. COUSY SURVEY, Abstract No. 317 and the J.E. HOLLAND SURVEY, Abstract No. 614 in the City of Coppell, Dallas County, Texas, and being a portion of a tract of land conveyed to Ferguson Realty Company by deed recorded in Volume 79085, Page 2171 of the Deed Records of Dallas County, Texas ( DRDCT ), and being a portion of a tract of land conveyed to University of Texas Law School Foundation by deed recorded in Volume 75098, Page 1671 ( DRDCT ) and being a portion of a tract of land conveyed to Ben S. Atwell and Wife Mary O. Atwell by deed recorded in Volume 70068, Page 0265 ( DRDCT ) and being a portion of a tract of land conveyed to DFW SH-121 LP by deed recorded in Volume 84046, Page 4613 ( DRDCT ) and being a portion of a tract of land conveyed to William F. Callejo, Trustee by deed recorded in Volume 80004, Page 1835 ( DRDCT ) and being more particularly described as follows: BEGINNING at a point for corner at the most southeasterly corner of said DFW SH-121 Tract; THENCE along the southerly line of said DFW SH-121 Tract North 89 deg 42 min 51 sec West a distance of 789.38 feet to a point for corner; THENCE departing the southerly line of said DFW SH-121 Tract South 00 deg 16 min 00 sec West a distance of 1386.86 feet to a point for corner in the northerly right-of-way line of THWEATT ROAD ( 50 foot right-of-way ); THENCE along the northerly right-of-way line of said THWEATT ROAD North 89 deg 44 min 00 sec West a distance of 1311.35 feet to a point for corner in the southeasterly right-of-way line of STATE HIGHWAY NO. 121 ( variable width right-of-way ); THENCE departing the northerly right-of-way line of said THWEATT ROAD and along the southeasterly right-of-way line of said STATE HIGHWAY NO. 121 as follows: North 42 deg 52 min 00 sec East a distance of 1337.82 feet to a point for corner; South 10 deg 19 min 10 sec East a distance of 25.01 feet to a point for corner; North 42 deg 51 min 58 sec East a distance of 194.94 feet to a point for corner; North 04 deg 11 min 03 sec East a distance of 32.00 feet to a point for corner; North 42 deg 51 min 58 sec East a distance of 55.63 feet to a point for corner; North 42 deg 52 min 00 sec East a distance of 285.60 feet to a point for corner; ZC-611(CH) EXHIBIT A-1 Page 2 of 3 North 42 deg 54 min 23 sec East a distance of 1215.59 feet to a point for corner; North 42 deg 51 min 00 sec East a distance of 636.20 feet to a point for corner at the most southwesterly corner of Phase I, Block I of ONE TWENTY ONE BUSINESS PARK, an addition to the City of Coppell according to the plat recorded in Volume 81094, Page 2574 ( DRDCT ); THENCE departing the southeasterly right-of-way line of said STATE HIGHWAY NO. 121 and along the southerly line of said Phase I, Block I South 89 deg 45 min 00 sec East a distance of 824.26 feet to a point for corner; THENCE South 42 deg 51 min 00 sec West a distance of 1851.25 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 47.155 acres or 2,054,073 square feet of land, more or less. ZC-611(CH) EXHIBIT A-1 Page 3 of 3 FIELD NOTE DESCRIPTION STATE OF TEXAS COUNTY OF DALLAS BEING a tract of land situated in the JESSE MOORE SURVEY, Abstract No. 968 in the City of Coppell, Dallas County, Texas, and being a portion of a tract of land conveyed to TE Northpoint Partners LTD. (TE Northpoint Tract ) by deed recorded in Volume 96106, Page 5188 of the Deed Records of Dallas County, Texas ( DRDCT ), and being more particularly described as follows: BEGINNING at a point for corner at the most northeasterly corner of said TE Northpoint Tract; THENCE along the easterly line of said TE Northpoint Tract as follows: South 00 deg 06 min 56 sec East a distance of 300.77 feet to a point for corner; South 89 deg 55 min 56 sec East a distance of 15.00 feet to a point for corner; South 00 deg 06 min 56 sec East a distance of 227.51 feet to a point for corner at the most southeasterly corner of said TE Northpoint Tract; THENCE departing the easterly line of said TE Northpoint Tract South 89 deg 44 min 04 deg West a distance of 952.19 feet to a point for corner in the westerly line of said TE Northpoint Tract; THENCE along the westerly line of said TE Northpoint Tract North 00 deg 15 min 56 sec West a distance of 466.90 feet to a point for corner in the southeasterly right-of-way line of STATE HIGHWAY NO. 121 ( variable width right-of-way ); THENCE along the southeasterly right-of-way line of said STATE HIGHWAY NO.121 and continuing along the westerly line of said TE Northpoint Tract North 41 deg 15 min 06 sec East a distance of 92.97 feet to a point for corner at the most northerly northwesterly corner of said TE Northpoint Tract and in the southerly right-of-way line of THWEATT ROAD ( 50 foot right-of-way ); THENCE departing the westerly line of said TE Northpoint Tract and the southeasterly right-of-way line of said STATE HIGHWAY NO. 121 and along the southerly right-of- way line of said THWEATT ROAD and the northerly line of said TE Northpoint Tract South 89 deg 44 min 00 sec East a distance of 876.99 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 11.499 acres or 500,886 square feet of land, more or less. DEPT: Planning DATE: January 13, 2004 ITEM #: 7/G AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance to amend 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 a zoning change for Case No. ZC-613(CH), from LI (Light Industrial) to HC (Highway Commercial) on approximately 93.8 acres of property located south of S.H. 121, between Business S.H. 121 and the existing 23.2 acres of Retail property west of Magnolia Park, 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 approved these changes (7-0). On July 8, 2003, Council unanimously approved these changes (7-0). Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @LUPZC613(CH) ORD 1-AR(C) 1 61613 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM LI (LIGHT INDUSTRIAL) TO HC (HIGHWAY COMMERCIAL) ON 93.8 ACRES OF PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” AND FURTHER AMENDING, IN PART, THE LAND USE MAP OF THE COMPREHENSIVE PLAN CHANGING THE DESIGNATION FROM LIGHT INDUSTRIAL/SHOWROOM AND PUBLIC/INSTITUTIONAL TO FREEWAY COMMERCIAL DESIGNATION ON THE TRACTS OF LAND AS DESCRIBED HEREIN, AND AUTHORIZING THE DIRECTOR OF PLANNING TO AMEND THE LAND USE MAP IN ACCORDANCE THE EXHIBIT “B”, ON APPROXIMATELY 114.7 ACRES LOCATED SOUTH OF S.H. 121 SOUTH OF S.H 121 AND THE MAGNOLIA PARK SUBDIVISION, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; 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-613(CH) 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 (Light Industrial) to HC (Highway Commercial) on approximately 93.8 acres of property being more particularly described 2 61613 in Exhibit “A” and further amending, in part, the Comprehensive Plan and the Land Use Map thereof by changing the designation from Public/Institutional and Light Industrial/Showroom to Freeway Commercial designation on the tracts of land as described herein, on approximately 114.7 acres of property being more particularly described in Exhibit “B”, attached hereto and made a part hereof for all purposes. SECTION 2.That the property shall be used only in the manner and the purpose provided in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 3. 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 4. 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 5. 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 6. 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 61613 SECTION 7.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 8.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 ___________________, 2004. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 1/6/04 Reviewed & Revised) ZC-613(CH) EXHIBIT A-1 Page 1 of 3 FIELD NOTE DESCRIPTION STATE OF TEXAS COUNTIES OF DALLAS AND DENTON BEING a tract of land situated in the PETER HARMONSON SURVEY, Abstract No. 604 and the PETER HARMONSON SURVEY, Abstract No. 1794 and the CLARINDA SQUIRES SURVEY, Abstract No. 1327 and the CLARINDA SQUIRES SURVEY, Abstract No. 1682 in the City of Coppell, Dallas and Denton Counties, Texas, and being a portion of a tract of land conveyed to Robert B. Payne, Jr., Children's Trust Et. Al. being a portion of a tract of land conveyed to Andrea Lane Howsley by deed recorded in Volume 1610, Page 482 of the Deed Records of Dallas County, Texas ( DRDCT ), and being a portion of a tract of land conveyed to Richard Lee Flournoy, Mary Sue Flournoy and Mary Sue Flournoy trustee for Todd Richard Flournoy and Amy Lichelle Flournoy ( Flournoy Tract ) by deed recorded in Volume 1053, Page 417 ( DRDCT ) and being a portion of a tract of land conveyed to Mary Sue Flournoy ( M. Flournoy Tract ) by deed recorded in Volume 817, Page 335 ( DRDCT ) and being a portion of a tract of land conveyed to Carol Ann Howsley by deed recorded in Volume 817, Page 338 ( DRDCT ) and being more particularly described as follows: BEGINNING at a point for corner at the most northeasterly corner of said Flournoy Tract and in the southerly right-of-way line of STATE HIGHWAY NO. 121 BYPASS ( variable width right-of-way ); THENCE departing the southerly right-of-way line of said STATE HIGHWAY NO. 121 BYPASS South 00 deg 06 min 55 sec East a distance of 2025.44 feet to a point for corner at the most southeasterly corner of said M. Flournoy Tract and in the approximate centerline of DENTON CREEK; THENCE along the approximate centerline of said DENTON CREEK as follows: North 77 deg 35 min 58 sec West a distance of 336.80 feet to a point for corner; North 52 deg 53 min 58 sec West a distance of 526.30 feet to a point for corner; North 34 deg 18 min 58 sec West a distance of 446.42 feet to a point for corner; North 01 deg 25 min 28 sec West a distance of 71.53 feet to a point for corner; North 47 deg 49 min 40 sec West a distance of 63.24 feet to a point for corner; North 63 deg 28 min 40 sec West a distance of 113.00 feet to a point for corner; North 81 deg 44 min 40 sec West a distance of 122.50 feet to a point for corner; South 62 deg 40 min 20 sec West a distance of 162.00 feet to a point for corner; ZC-613(CH) EXHIBIT A-1 Page 2 of 3 South 30 deg 15 min 20 sec West a distance of 193.00 feet to a point for corner; South 33 deg 45 min 20 sec West a distance of 106.00 feet to a point for corner; South 68 deg 49 min 20 sec West a distance of 100.00 feet to a point for corner; South 88 deg 28 min 20 sec West a distance of 100.00 feet to a point for corner; North 69 deg 08 min 40 sec West a distance of 108.00 feet to a point for corner; South 89 deg 02 min 20 sec West a distance of 100.00 feet to a point for corner; North 40 deg 00 min 40 sec West a distance of 146.00 feet to a point for corner; North 70 deg 08 min 40 sec West a distance of 214.00 feet to a point for corner; North 85 deg 48 min 40 sec West a distance of 301.00 feet to a point for corner; North 59 deg 49 min 35 sec West a distance of 190.81 feet to a point for corner; North 59 deg 49 min 40 sec West a distance of 137.19 feet to a point for corner; North 59 deg 27 min 53 sec West a distance of 183.87 feet to a point for corner in the easterly right-of-way line of STATE HIGHWAY NO. 121 ( variable width right-of- way ); THENCE departing the approximate centerline of said DENTON CREEK and along the easterly right-of-way line of said STATE HIGHWAY NO. 121 as follows: North 47 deg 51 min 18 sec East a distance of 182.60 feet to a point for corner; North 44 deg 02 min 57 sec East a distance of 128.35 feet to a point for corner; South 89 deg 04 min 34 sec East a distance of 108.65 feet to a point for corner; North 00 deg 59 min 37 sec West a distance of 112.05 feet to a point for corner; North 44 deg 02 min 57 sec East a distance of 520.23 feet to a point for corner; North 54 min 42 min 49 sec East a distance of 88.21 feet to a point for corner; North 51 deg 18 min 15 sec East a distance of 266.32 feet to a point for corner; North 55 deg 23 min 50 sec East a distance of 51.20 feet to a point for corner; ZC-613(CH) EXHIBIT A-1 Page 3 of 3 North 55 deg 23 min 50 sec East a distance of 129.22 feet to a point for corner; North 62 deg 53 min 03 sec East a distance of 273.24 feet to a point for corner; North 72 deg 42 min 25 sec East a distance of 183.04 feet to a point for corner at the intersection of the easterly right-of-way line of said STATE HIGHWAY NO. 121 and the southerly right-of-way line of said STATE HIGHWAY NO. 121 BYPASS; THENCE departing the southerly right-of-way line of said STATE HIGHWAY NO. 121 and along the southerly right-of-way line of said STATE HIGHWAY NO. 121 BYPASS as follows: North 83 deg 57 min 51 sec East a distance of 365.42 feet to a point for corner; South 07 deg 47 min 11 sec East a distance of 350.00 feet to a point for corner; North 82 deg 12 min 49 sec East a distance of 88.00 feet to a point for corner; North 07 deg 47 min 11 sec West a distance of 323.44 feet to a point for corner; South 80 deg 59 min 31 sec East a distance of 271.35 feet to a point for corner; South 77 deg 10 min 48 sec East a distance of 240.01 feet to a point for corner; South 77 deg 10 min 48 sec East a distance of 207.89 feet to a point for corner; South 64 deg 29 min 24 sec East a distance of 182.89 feet to a point for corner; South 69 deg 47 min 02 sec East a distance of 144.30 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 93.794 acres or 4,085,678 square feet of land, more or less. c i t y o f c o p p e l l Planning Department Light Industrial/ Showroom and Public/ Institutional to Freeway Commercial S.H. 1 2 1 S.H. 121D e n t o n T a p NEXHIBIT “B” DEPT: Planning DATE: January 13, 2004 ITEM #: 7/H AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance to amend the Land Use Plan of the 1996 Comprehensive Master Plan from Light Industrial/Showroom to Freeway Commercial, and zoning change for Case No. ZC-614(CH), from LI (Light Industrial) to HC (Highway Commercial) on approximately 32.6 acres of property located north of S.H. 121, between Business S.H. 121 and Coppell Greens, 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 April 17, 2003, the Planning & Zoning Commission approved these changes (5-1). Commissioner Foreman opposed. On July 8, 2003, Council unanimously approved these changes (7-0). Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @LUPZC614(CH) ORD 1-AR(C) 1 61614 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM LI (LIGHT INDUSTRIAL) TO HC (HIGHWAY COMMERCIAL) ON APPROXIMATELY 32.6 ACRES OF PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” AND FURTHER AMENDING, IN PART, THE LAND USE MAP OF THE COMPREHENSIVE PLAN CHANGING THE DESIGNATION FROM LIGHT INDUSTRIAL/SHOWROOM TO FREEWAY COMMERCIAL DESIGNATION ON THE TRACTS OF LAND AS DESCRIBED HEREIN, AND AUTHORIZING THE DIRECTOR OF PLANNING TO AMEND THE LAND USE MAP IN ACCORDANCE THE EXHIBIT “B”, ON APPROXIMATELY 32.6 ACRES LOCATED NORTH OF S.H. 121 BETWEEN BUSINESS S.H 121 AND COPPELL GREENS SUBDIVISION, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; 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-614(CH) 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 (Light Industrial) to HC (Highway Commercial) on – acres of property being more particularly described in Exhibit “A” and 2 61614 further amending, in part, the Comprehensive Plan and the Land Use Map thereof by changing the designation from Light Industrial/Showroom to Freeway Commercial designation on the tract of land as described herein, on approximately 32.6 acres of property being more particularly described in Exhibit “B”, attached hereto and made a part hereof for all purposes. SECTION 2.That the property shall be used only in the manner and the purpose provided in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 3. 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 4. 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 5. 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 6. 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 61614 SECTION 7.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 8.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 ___________________, 2004. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 1/6/04 Reviewed & Revised) ZC-614 (CH) EXHIBIT A-1 Page 1 of 3 FIELD NOTE DESCRIPTION STATE OF TEXAS COUNTY OF DENTON BEING a tract of land situated in the PETER HARMONSON SURVEY, Abstract No. 604 and the CLARINDA SQUIRES SURVEY, Abstract No. 1682 in the City of Coppell, Denton County, Texas, and being a portion of a tract of land conveyed to Robert B. Payne by deed recorded in Volume 1186, Page 0095 of the Deed Records of Denton County, Texas ( DRDCT ), and being a portion of a tract of land conveyed to Andrea Lane Howsley by deed recorded in Volume 1610, Page 482 ( DRDCT ) and being a portion of a tract of land conveyed to Dot B. Turner Family Partnership Ltd. by deed recorded in Volume 5242, Page 04690 ( DRDCT ) and being a portion of a tract of land conveyed to Richard Lee Flournoy, Mary Sue Flournoy and Mary Sue Flournoy Trustee for Todd Richard Flournoy and Amy Lichelle Flournoy by deed recorded in Volume 1059, Page 127 ( DRDCT ) and being a portion of Tract 3 conveyed to Texas Industries, Inc. by deed recorded in Volume 93250, Page 3804 ( DRDCT ) and being a portion of a tract of land conveyed to FRWM, Inc. by deed recorded in Volume 97122, Page 05266 ( DRDCT ) and being a portion of a tract of land conveyed to Greens West Development LC ( Greens West Tract ) by deed recorded in Volume 5079, Page 02943 ( DRDCT ) and being more particularly described as follows: BEGINNING at a point for corner at the most southerly corner of said Greens West Tract; THENCE South 00 deg 06 min 55 sec East a distance of 622.15 feet to a point for corner in the northerly right-of-way line of STATE HIGHWAY NO. 121 BYPASS ( variable width right-of-way ); THENCE along the northerly right-of-way line of said STATE HIGHWAY 121 BYPASS as follows: North 65 deg 29 min 35 sec West a distance of 246.18 feet to a point for corner; North 67 deg 35 min 14 sec West a distance of 257.06 feet to a point for corner; North 67 deg 35 min 14 sec West a distance of 49.84 feet to a point for corner; North 69 deg 35 min 08 sec West a distance of 109.74 feet to a point for corner; North 74 deg 42 min 06 sec West a distance of 109.52 feet to a point for corner; North 77 deg 56 min 08 sec West a distance of 218.07 feet to a point for corner; North 81 deg 06 min 18 sec West a distance of 44.37 feet to a point for corner; ZC-614 (CH) EXHIBIT A-1 Page 2 of 3 North 81 deg 06 min 18 sec West a distance of 172.67 feet to a point for corner; North 83 deg 31 min 54 sec West a distance of 108.40 feet to a point for corner; South 87 deg 34 min 55 sec West a distance of 238.76 feet to a point for corner; North 89 deg 20 min 51 sec West a distance of 30.40 feet to a point for corner; North 02 deg 25 min 05 sec West a distance of 61.26 feet to a point for corner; South 87 deg 34 min 55 sec West a distance of 78.00 feet to a point for corner; South 02 deg 25 min 05 sec East a distance of 60.00 feet to a point for corner; North 89 deg 14 min 44 sec West a distance of 166.94 feet to a point for corner; North 31 deg 08 min 17 sec West a distance of 137.16 feet to a point for corner in the intersection of the northerly right-of-way line of said STATE HIGHWAY NO. 121 BYPASS and the easterly right-of-way line of STATE HIGHWAY NO. 121 ( variable width right-of-way ); THENCE departing the northerly right-of-way line of said STATE HIGHWAY NO. 121 BYPASS and along the easterly right-of-way line of said STATE HIGHWAY NO. 121 as follows: North 23 deg 25 min 06 sec East a distance of 161.38 feet to a point for corner; North 31 deg 43 min 02 sec East a distance of 109.61 feet to a point for corner; South 47 deg 58 min 10 sec East a distance of 26.95 feet to a point for corner; North 42 deg 01 min 50 sec East a distance of 140.00 feet to a point for corner; North 47 deg 58 min 10 sec West a distance of 51.44 feet to a point for corner; North 33 deg 47 min 39 sec East a distance of 59.76 feet to a point for corner; North 49 deg 09 min 46 sec East a distance of 146.79 feet to a point for corner; North 42 deg 01 min 50 sec East a distance of 115.66 feet to a point for corner in the approximate Coppell City Limit northerly line; THENCE departing the easterly right-of-way line of said STATE HIGHWAY NO. 121 and along the approximate Coppell City Limit northerly line North 89 deg 55 min 31 sec East a distance of 1688.43 feet to a point for corner in the easterly line of said Greens West Tract; ZC-614 (CH) EXHIBIT A-1 Page 3 of 3 THENCE departing the approximate Coppell City Limit northerly line and along the easterly line of said Greens West Tract as follows: South 30 deg 17 min 41 sec West a distance of 90.10 feet to a point for corner; South 09 deg 50 min 17 sec West a distance of 76.53 feet to a point for corner; South 39 deg 54 min 00 sec West a distance of 175.50 feet to a point for corner; South 30 deg 37 min 44 sec West a distance of 198.71 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 32.656 acres or 1,422,487 square feet of land, more or less. c i t y o f c o p p e l l Planning Department Light Industrial/ Showroom to Freeway Commercial S.H. 1 2 1 S.H. 121D e n t o n T a p NEXHIBIT “B” DEPT: Planning DATE: January 13, 2004 ITEM #: 7/I AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance to amend the Land Use Plan of the 1996 Comprehensive Master Plan from Light Industrial/Showroom to Mixed Use, and change the zoning for Case No. ZC-615(CH), from LI (Light Industrial) to HC (Highway Commercial) on 35.5 acres of property located east of MacArthur, south of Lake Vista 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 May 15, 2003, the Planning & Zoning Commission unanimously approved these changes (7-0). On June 10, 2003, Council unanimously approved these changes (6-0). Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @LUPZC615(CH) ORD 1-AR(C) 1 61607 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM LI (LIGHT INDUSTRIAL) TO HC (HIGHWAY COMMERCIAL) ON APPROXIMATELY 35.5 ACRES OF PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” AND FURTHER AMENDING, IN PART, THE LAND USE MAP OF THE COMPREHENSIVE PLAN CHANGING THE DESIGNATION FROM LIGHT INDUSTRIAL/SHOWROOM TO MIXED USE DESIGNATION ON THE TRACT OF LAND AS DESCRIBED HEREIN, AND AUTHORIZING THE DIRECTOR OF PLANNING TO AMEND THE LAND USE MAP IN ACCORDANCE THE EXHIBIT “B”, ON APPROXIMATELY 35.5 ACRES LOCATED EAST OF MACARTHUR, SOUTH OF LAKE VISTA, AND ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; 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-615(CH) 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 (Light Industrial) to HC (Highway Commercial) on approximately 35.5 acres of property being more particularly described in Exhibit “A” and further amending, in part, the Comprehensive Plan and the Land Use Plan 2 61607 thereof by changing the designation from Light Industrial/Showroom to Mixed Use designation on the tract of land as described herein, on approximately 35.5 acres of property being more particularly described in Exhibit “B”, attached hereto and made a part hereof for all purposes. SECTION 2.That the property shall be used only in the manner and the purpose provided in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 3. 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 4. 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 5. 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 6. 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 7.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning 3 61607 Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 8.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 ___________________, 2004. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 1/2/04 Reviewed & Revised) FIELD NOTE DESCRIPTION STATE OF TEXAS COUNTY OF DENTON BEING a tract of land situated in the J.H. DONALD SURVEY, Abstract No. 1696 and the WM. TRIMBLE SURVEY, Abstract No. 1268 in the City of Coppell, Denton County, Texas, and being all of Lot 1, Block K and a portion of Lot 2, Block K of VISTA RIDGE, an addition to the City of Coppell according to the plat recorded in Cabinet F, Page 271 of the Plat Records of Denton County, Texas ( PRDCT ) and being more particularly described as follows: BEGINNING at a point for corner at the most southwesterly corner of said Lot 2, Block K and in the easterly right-of-way line of MACARTHUR BOULEVARD ( 120 foot right-of-way ); THENCE along the easterly right-of-way line of said MACARTHUR BOULEVARD as follows: North 02 deg 43 min 27 sec West a distance of 393.87 feet to a point for the beginning of a curve to the left, said curve having a radius of 2924.79 feet and a chord bearing North 06 deg 30 min 49 sec West; Along said curve to the left through a central angle of 07 deg 34 min 45 sec for an arc length of 386.88 feet to a point for corner at the intersection of the easterly right-of- way line of said MACARTHUR BOULEVARD and the southerly right-of-way line of LAKE VISTA DRIVE (70 foot right-of-way ); THENCE departing the easterly right-of-way line of said MACARTHUR BOULEVARD and along the southerly right-of-way line of said LAKE VISTA DRIVE as follows: North 52 deg 17 min 00 sec East a distance of 42.32 feet to a point for corner; North 72 deg 44 min 24 sec East a distance of 99.95 feet to a point for corner; North 78 deg 27 min 02 sec East a distance of 145.11 feet to a point for the beginning of a curve to the right, said curve having a radius of 1465.00 feet and a chord bearing North 83 deg 47 min 24 sec East; Along said curve to the right through a central angle of 10 deg 40 min 44 sec for an arc length of 273.05 feet to a point for corner; North 89 deg 07 min 47 sec East a distance of 812.75 feet to a point for the beginning of a curve to the right, said curve having a radius of 615.00 feet and a chord bearing South 69 deg 00 min 52 sec East; Along said curve to the right through a central angle of 43 deg 42 min 42 sec for an arc length of 469.18 feet to a point for corner; South 47 deg 09 min 30 sec East a distance of 341.49 feet to a point for the beginning a curve to the left, said curve having a radius of 685.00 feet and a chord bearing South 61 deg 52 min 06 sec East; Along said curve to the left through a central angle of 29 deg 25 min 12 sec for an arc length of 351.72 feet to a point for corner at the most southeasterly corner of said Lot 1, Block K; THENCE departing the southerly right-of-way line of said LAKE VISTA DRIVE and along the southerly line of said Lot 1, Block K North 77 deg 22 min 58 sec West a distance of 142.45 feet to a point for corner; THENCE departing the southerly line of said Lot 1, Block K South 12 deg 37 min 55 sec West a distance of 223.26 feet to a point for corner; THENCE North 85 deg 00 min 52 sec West a distance of 1004.44 feet to a point for corner; THENCE South 35 deg 50 min 16 sec West joining the southerly line of said Lot 2, Block K at a distance of 273.58 feet continuing in all a distance of 367.20 feet to a point for corner; CONTINUING along the southerly line of said Lot 2, Block K North 86 deg 30 min 12 sec West a distance of 875.09 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 35.541 or 1,548,174 square feet of land, more or less. c i t y o f c o p p e l l Light Industrial/ Showroom to Mixed Use Planning Department N EXHIBIT “B” DEPT: Planning DATE: January 13, 2004 ITEM #: 7/J AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance to amend the Land Use Plan of the 1996 Comprehensive Master Plan to enlarge the Historic Overlay district to reflect the recommendation in the Old Coppell Master Plan, and zoning change for Case No. ZC-616(CH), Old Coppell (HO Designation), to modify the boundaries of the HO (Historic Overlay), including zoning changes on Tract 1 from PD-119-SF-9 (Planned Development-119-Single Family-9) to HO-PD-119-SF-9 on approximately 3.87 acres; Tract 2 from PD-108-LI and R (Planned Development-108-Light Industrial and Retail) to HO-PD-108-LI and HO-R on approximately 71.46 acres; Tract 3 from R (Retail) to HO-R on approximately 1.97 acres, Tract 4 from LI (Light Industrial) to HO-LI on approximately 3.88 acres, 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 April 17, 2003, the Planning & Zoning Commission approved these changes (6-0). On May 13, 2003, Council unanimously approved these changes (7-0). Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @LUPZC616(CH) ORD 1-AR(C) 1 61606 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 ON TRACT 1, FROM PD-119-SF-9 (PLANNED DEVELOPMENT-119-SINGLE FAMILY-9) TO HO-PD-119- SF-9 ON APPROXIMATELY 3.87 ACRES; TRACT 2, PD-108-LI (PLANNED DEVELOPMENT-108-LIGHT INDUSTRIAL) AND R (RETAIL) TO HO-PD-108-LI AND HO-R ON APPROXIMATELY 71.46 ACRES; TRACT 3, R (RETAIL) TO HO-R ON APPROXIMATELY 1.97 ACRES, AND, TRACT 4, LI (LIGHT INDUSTRIAL) TO HO-LI ON APPROXIMATELY 3.88 ACRES, BEING MORE PARTICULARLY DESCRIBED IN EXHIBITS “A”, “B”, “C” AND “D” AND FURTHER AMENDING, IN PART, THE LAND USE MAP OF THE COMPREHENSIVE PLAN BY ADDING THE HISTORIC OVERLAY DESIGNATION TO THE TRACTS OF LANDS AS DESCRIBED HEREIN, AND AUTHORIZING THE DIRECTOR OF PLANNING TO AMEND THE LAND USE MAP IN ACCORDANCE THE EXHIBIT “E”, ON APPROXIMATELY 81 ACRES LOCATED GENERALLY NORTH AND SOUTH OF BETHEL ROAD AND EAST AND WEST OF COPPELL ROAD, AND ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; 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-616(CH) 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 2 61606 and the same is hereby amended to grant a change in zoning Tract 1, From PD-119-SF-9 (Planned Development-119-Single Family-9) To HO-PD-119-SF-9 on approximately 3.87 acres; Tract 2, PD-108-LI (Planned Development-108-Light Industrial) and R (Retail) to HO-PD-108-LI and HO-R on approximately 71.46 acres; Tract 3, R (Retail) to HO-R on approximately 1.97 acres, and, Tract 4, LI (Light Industrial) to HO-LI on approximately 3.88 acres, being more particularly described in Exhibits “A”, “B”, “C” and “D” and further amending, in part, the Comprehensive Plan and Land Use Map thereof by adding the Historic Overlay designations on approximately 81 acres of property being more particularly described in Exhibit “E”, attached hereto and made a part hereof for all purposes. SECTION 2.That the property shall be used only in the manner and the purpose provided in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 3. 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 4. 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 5. 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 61606 SECTION 6. 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 7.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 8.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 ___________________, 2004. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 1/5/04 Reviewed & Revised) TRACT 1 ZC-616 (CH) EXHIBIT A-1 FIELD NOTE DESCRIPTION STATE OF TEXAS COUNTY OF DALLAS BEING a tract of land situated in the J.W. ANDERSON SURVEY, Abstract No. 18, in the City of Coppell, Dallas County, Texas, and being all of Lot 41, Block 1 of BIG CEDAR ADDITION, an addition to the City of Coppell according to the plat recorded in Volume 92125, Page 3455 of the Deed Records of Dallas County, Texas ( DRDCT ), and being more particularly described as follows: BEGINNING at a point for corner at the most northwesterly corner of said Lot 41, Block 1; THENCE along the westerly line of said Lot 41, Block 1 South 01 deg 34 min 18 sec West a distance of 205.04 feet to a point for corner at the most westerly southwesterly corner of said Lot 41, Block 1; THENCE departing the westerly line of said Lot 41, Block 1 and along the southerly line of said Lot 41, Block 1 as follows: South 83 deg 15 min 48 sec East a distance of 474.69 feet to a point for corner; South 04 deg 21 min 31 sec West a distance of 150.00 feet to a point for corner; South 85 deg 38 min 29 sec East a distance of 105.00 feet to a point for corner at the most southeasterly corner of said Lot 41, Block 1; THENCE departing the southerly line of said Lot 41, Block 1 and along the easterly line of said Lot 41, Block 1 as follows: North 09 deg 55 min 35 sec East a distance of 329.11 feet to a point for corner; North 34 deg 34 min 28 sec East a distance of 102.80 feet to a point for corner; North 01 deg 07 min 20 sec West a distance of 16.81 feet to a point for corner at the most northeasterly corner of said Lot 41, Block 1; THENCE departing the easterly line of said Lot 41, Block 1 and along the northerly line of said Lot 41, Block 1 South 89 deg 22 min 01 sec West a distance of 673.87 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 3.874 acres or 168,765 square feet of land, more or less. Bearings cited within this field note description are based on the MODIFIED FINAL PLAT of BIG CEDAR ADDITION, an addition to the City of Coppell as recorded in Volume 92125, Page 3455 ( DRDCT ). TRACT 2 ZC-616(CH) EXHIBIT B-1 Page 1 of 3 FIELD NOTE DESCRIPTION STATE OF TEXAS COUNTY OF DALLAS BEING a tract of land situated in the JAMES A. SIMMONS SURVEY, Abstract No. 1296 in the City of Coppell, Dallas County, Texas, and being a portion of a tract of land conveyed to the City of Coppell as recorded in Volume 99203, Page 03079 of the Deed Records of Dallas County, Texas ( DRDCT ), and a portion of a tract of land conveyed to Elias R. Dragon and Ann M. Dragon as recorded in Volume 2001170, Page 02299 ( DRDCT ) and portions of Tract 1, Tract 2 and Tract 3 conveyed to the County of Dallas as recorded in Volume 91251, Page 5059 ( DRDCT ) and a portion of a tract of land conveyed to Baptist Foundation of Texas and being more particularly described as follows: BEGINNING at a point for corner at the intersection of the westerly right-of-way line of PARK ROAD ( variable width right-of-way ) and the southerly right-of-way line of BETHEL ROAD ( variable width right-of-way ); THENCE departing the southerly right-of-way line of said BETHEL ROAD and along the westerly right-of-way line of said PARK ROAD as follows: South 02 deg 35 min 11 sec West a distance of 520.69 feet to a point for corner; South 50 deg 27 min 36 sec West a distance of 42.40 feet to a point for corner; THENCE departing the westerly right-of-way line of said PARK ROAD South 89 deg 17 min 30 sec East a distance of 79.71 feet to a point for corner; THENCE South 29 deg 26 min 52 sec East a distance of 325.67 feet to a point for corner; THENCE North 39 deg 59 min 55 sec East a distance of 178.63 feet to a point for corner; THENCE North 24 deg 02 min 50 sec East a distance of 75.00 feet to a point for corner; THENCE North 39 deg 59 min 55 sec East a distance of 446.02 feet to a point for corner; THENCE South 87 deg 20 min 24 sec East a distance of 311.11 feet to a point for corner; THENCE North 20 deg 53 min 37 sec East a distance of 244.96 feet to a point for corner; THENCE South 88 deg 42 min 24 sec East a distance of 238.84 feet to a point for corner; THENCE South 20 deg 53 min 37 sec West a distance of 456.12 feet to a point for corner; TRACT 2 ZC-616(CH) EXHIBIT B-1 Page 2 of 3 THENCE North 84 deg 12 min 02 sec West a distance of 200.00 feet to a point for corner; THENCE South 23 deg 37 min 12 sec West a distance of 170.39 feet to a point for corner; THENCE South 65 deg 57 min 10 sec East a distance of 132.00 feet to a point for the beginning of a non-tangent curve to the left, said curve having a radius of 565.00 feet and a chord bearing South 15 deg 33 min 28 sec West; CONTINUING along said non-tangent curve to the left through a central angle of 25 deg 05 min 54 sec for an arc length of 247.49 feet to a point for corner; THENCE South 89 deg 47 min 01 sec West a distance of 121.57 feet to a point for corner; THENCE South 11 deg 16 min 51 sec West a distance of 96.95 feet to a point for corner; THENCE South 09 deg 11 min 20 sec East a distance of 96.18 feet to a point for corner; THENCE South 00 deg 12 min 59 sec East a distance of 20.00 feet to a point for corner; THENCE South 11 deg 24 min 32 sec East a distance of 124.75 feet to a point for the beginning of a non-tangent curve to the left, said curve having a radius of 725.00 feet and a chord bearing South 79 deg 00 min 02 sec West; CONTINUING along said non-tangent curve to the left through a central angle of 05 deg 30 min 29 sec for an arc length of 69.66 feet to a point for corner; THENCE South 15 deg 38 min 23 sec East a distance of 317.32 feet to a point in the northerly right-of-way line of COTTON BELT RAILROAD ( 100 foot right-of-way ) for the beginning of a non-tangent curve to the right, said curve having a radius of 3420.07 feet and a chord bearing South 87 deg 13 min 24 sec West; THENCE along the northerly right-of-way line of said COTTON BELT RAILROAD as follows: Along said non-tangent curve to the right through a central angle of 00 deg 21 min 13 sec for an arc length of 21.11 feet to a point for corner; South 87 deg 45 min 58 sec West a distance of 274.12 feet to a point for corner; South 87 deg 24 min 00 sec West a distance of 284.94 feet to a point for corner; South 00 deg 50 min 50 sec East a distance of 2.18 feet to a point for corner; TRACT 2 ZC-616(CH) EXHIBIT B-1 Page 3 of 3 South 87 deg 32 min 08 sec West a distance of 1522.71 feet to a point for corner; THENCE departing the northerly right-of-way line of said COTTON BELT RAILROAD North 00 deg 10 min 03 sec East a distance of 1520.27 feet to a point for corner; THENCE South 87 deg 22 min 59 sec East a distance of 187.42 feet to a point for corner; THENCE North 00 deg 27 min 20 sec East a distance of 195.32 feet to a point for corner in the southerly right-of-way line of said BETHEL ROAD; THENCE along the southerly right-of-way line of said BETHEL ROAD as follows: South 88 deg 11 min 48 sec East a distance of 937.68 feet to a point for corner; South 88 deg 11 min 06 sec East a distance of 101.27 feet to a point for corner; South 88 deg 11 min 48 sec East a distance of 75.16 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 71.463 acres or 3,112,914 square feet of land, more or less. TRACT 3 ZC-616(CH) EXHIBIT C-1 FIELD NOTE DESCRIPTION STATE OF TEXAS COUNTY OF DALLAS BEING a tract of land situated in the JAMES A. SIMMONS SURVEY, Abstract No. 1296 in the City of Coppell, Dallas County, Texas, and being a portion of a tract of land conveyed to Crescent Real Estate Equities LP by deed recorded in Volume 97092, Page 2789 of the Deed Records of Dallas County, Texas ( DRDCT ), and being a portion of a tract of land conveyed to Chadick Capital LP ( Chadick Tract ) by deed recorded in Volume 99114, Page 08117 ( DRDCT ) and being more particularly described as follows: BEGINNING at a point for corner at the most northeasterly corner of said Chadick Tract and in the southerly right-of-way line of BETHEL ROAD ( 50 foot right-of-way ); THENCE departing the southerly right-of-way line of said BETHEL ROAD and along the easterly line of said Chadick Tract SOUTH a distance of 234.00 feet to a point for corner at the most southeasterly corner of said Chadick Tract; THENCE departing the easterly line of said Chadick Tract and along the southerly line of said Chadick Tract WEST a distance of 366.00 feet to a point for corner at the most westerly southwesterly corner of said Chadick Tract; THENCE departing the southerly line of said Chadick Tract NORTH a distance of 234.00 feet to a point for corner in the southerly right-of-way line of said BETHEL ROAD; THENCE along the southerly right-of-way line of said BETHEL ROAD EAST a distance of 366.00 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 1.966 acres or 85,644 square feet of land, more or less. TRACT 4 ZC616 (CH) EXHIBIT D-1 FIELD NOTE DESCRIPTION STATE OF TEXAS COUNTY OF DALLAS BEING a tract of land situated in the JAMES A. SIMMONS SURVEY, Abstract No. 1296 in the City of Coppell, Dallas County, Texas, and being a portion of a tract of land conveyed to the City of Coppell by deed recorded in Volume 2003094, Page 797 of the Deed Records of Dallas County, Texas ( DRDCT ) and being more particularly described as follows: BEGINNING at a point for corner at the intersection of the northerly right-of-way line of BURNS STREET (60 foot right-of-way) and the westerly right-of-way line of COPPELL ROAD (65 foot right-of-way); THENCE departing the westerly right-of-way line of said COPPELL ROAD and along the northerly right-of-way line of said BURNS STREET South 87 deg 17 min 36 sec West a distance of 200.22 feet to a point for corner; THENCE departing the northerly right-of-way line of said BURNS STREET NORTH a distance of 851.99 feet to a point for corner; THENCE South 88 deg 51 min 31 sec East a distance of 200.04 feet to a point for corner in the westerly right-of-way line of said COPPELL ROAD; THENCE along the westerly right-of-way line of said COPPELL ROAD SOUTH 838.55 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 3.881 acres or 169,056 square feet of land, more or less. Bearings cited within this field note description are based upon a bearing of South 89 deg 01 min 04 sec East for the southerly right-of-way line of BETHEL ROAD as described in a deed to the City of Coppell recorded in Volume 2003094, Page 797 ( DRDCT ). HISTORIC OVERLAY LAND USE DESIGNATION EXHIBIT “E” DEPT: Planning DATE: January 13, 2004 ITEM #: 7/K AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-185R-LI, Coppell Industrial Addition (Tradepoint), zoning change on 98.84 acres of property from PD-185-LI to PD-185R-LI to attach a Detail Site Plan to allow for an approximate 350,183 square-foot expansion to the existing 600,000 square-foot building on Lot 1R and the development of an approximate 952,094 square-foot office/warehouse building on Lot 2 located 50’ east of Royal Lane; north of Bethel Road, at the request of Hillwood Fund No. 1, LP, 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 November 20, 2003, the P&Z Commission unanimously recommended approval of this zoning change (6-0). On December 9, 2003, Council unanimously approved this zoning change (6-0). Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @PD-185R ORD 1-AR (consent) 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-185-LI” (PLANNED DEVELOPMENT-185- LIGHT INDUSTRIAL) TO PD-185R (PLANNED DEVELOPMENT–185–LIGHT INDUSTRIAL REVISED) TO ATTACH DETAIL SITE PLANS TO ALLOW FOR AN APPROXIMATE 350,183 SQUARE FOOT EXPANSION TO THE EXISTING 600,000 SQUARE-FOOT BUILDING ON LOT 1R AND THE DEVELOPMENT OF AN APPROXIMATE 952,094 SQUARE-FOOT OFFICE/WAREHOUSE BUILDING ON LOT 2, ON 98.84 ACRES LOCATED 50 FEET EAST OF ROYAL LANE, NORTH OF BETHEL ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF DETAIL SITE PLAN (A1.0.0), LANDSCAPE PLAN (L1.0), LANDSCAPE DETAILS AND CALCULATIONS (L2.0), LANDSCAPE DETAILS FOR ENTRY AREAS (L3.0), ELEVATIONS BUILDING 1 EXPANSION (A3.1.1), ELEVATIONS BUILDING 1, ENTRY DETAILS (A3.1.2), ELEVATIONS BUILDING 2 (A3.2.1), ELEVATIONS BUILDING 2, ENTRY DETAILS (A3.2.2), MIDDLE ENTRY, BUILDING 1 (A4.1.1), BUILDING SIGNAGE, BUILDING 1 (A4.1.2), MIDDLE ENTRY, BUILDING 2 (A4.2.1), BUILDING SIGNAGE, BUILDING 2 (A4.2.2), AND SECURITY HOUSE ELEVATIONS (A5.1.1) ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, ”E”, “F”, “G”, “H”, “I”, “J’, “K”, “L”, “M’” AND “N” 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-185R 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: 2 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 “PD-185-LI” (Planned Development 185- Light Industrial) to PD-185 (Planned Development - 185 Revised ) to attach detail site plans to allow for an approximate 350,183 square foot expansion to the existing 600,000 square-foot building on Lot 1R and the development of an approximate 952,094 square-foot office/warehouse building on Lot 2, for the property 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 following development conditions set forth: A. That accept as amended herein, the property shall be developed in accordance with Ordinance 91500-A-254, which is incorporated herein as set forth in full and hereby republished. B. That the property shall be developed in accordance with the Detail Site Plan (A1.0.0), Landscape Plan (L1.0), Landscape Details and Calculations (L2.0), Landscape Details For Entry Areas (L3.0), Elevations Building 1 Expansion (A3.1.1), Elevations Building 1, Entry Details (A3.1.2), Elevations Building 2 (A3.2.1), Elevations Building 2, Entry Details (A3.2.2), Middle Entry, Building 1 (A4.1.1), Building Signage, Building 1 (A4.1.2), Middle Entry, Building 2 (A4.2.1), Building Signage, Building 2 (A4.2.2), And Security House Elevations (A5.1.1). SECTION 3.That the Detail Site Plan (A1.0.0), Landscape Plan (L1.0), Landscape Details And Calculations (L2.0), Landscape Details For Entry Areas (L3.0), Elevations Building 1 Expansion (A3.1.1), Elevations Building 1, Entry Details (A3.1.2), Elevations Building 2 (A3.2.1), Elevations Building 2, Entry Details (A3.2.2), Middle Entry, Building 1 (A4.1.1), Building Signage, Building 1 (A4.1.2), Middle Entry, Building 2 (A4.2.1), Building Signage, Building 2 (A4.2.2), And Security House 3 Elevations (A5.1.1), attached hereto as Exhibits “B”, “C”, “D”, ”E”, “F”, “G”, “H”, “I”, “J’, “K”, “L”, “M’” and “N””, 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. 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. 4 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 ___________________, 2004. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (JDD/cdb Reviewed 12/28/03) (61481) DEPT: Planning DATE: January 13, 2004 ITEM #: 7/L AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1198R2, Assured Self Storage, zoning change from LI-S- 1198R (Light Industrial-Special Use Permit-1198 Revised) to LI-S-1198R2 (Light Industrial-Special Use Permit- 1198 Revision 2), to amend the Site Plan to allow for additional attached signage for an existing 75,000 square- foot mini-warehouse facility on 4.83 acres of property located at 1751 E. Belt Line 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 November 20, 2003, the P&Z Commission unanimously recommended approval of this zoning change (6-0). On December 9, 2003, Council unanimously approved this zoning change (6-0). Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @S-1198R2 ORD 1-AR (consent) 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-1198R) TO “LI-S-1198R2” (LIGHT INDUSTRIAL-SPECIAL USE PERMIT–1198 REVISION 2) TO REVISE THE SPECIAL USE PERMIT TO ALLOW FOR ADDITIONAL ATTACHED SIGNAGE 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 ADDITIONAL SIGNAGE ATTACHED HERETO AS EXHIBITS “B” AND “C”, 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-1198R2 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- 1198R” (Light Industrial-Special Use Permit – 1198R) to “LI-S-1198R2” (Light Industrial-Special Use Permit–1198 Revision 2, to revise a special use permit to allow for additional attached signage on 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. 2 50806 SECTION 2.That the Special Use Permit be revised to allow for additional attached signage is hereby approved subject to the following special conditions: (A) The additional signage shall be allowed in accordance with the Signage Location Map and Sign Details, attached hereto as Exhibits “B”, and “C”, respectively, as a further condition. (B) That accept as amended herein, the property shall be developed in accordance with Ordinance 91500-A-337, which is incorporated herein as set forth in full and hereby republished. SECTION 3.That the additional attached signage, attached hereto as Exhibits “B”, and “C”, 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. 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 3 50806 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 ___________________, 2004. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 12/28/03) DEPT: Parks and Recreation DATE: January 13, 2004 ITEM #: 7/M AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a resolution authorizing the filing of a project funding application with the North Central Texas Council of Governments for a regional solid waste program local project, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Background: North Central Texas Council of Governments is seeking applications for local government solid waste management project funding. The goal of this reimbursement program is to return to local government entities dedicated solid waste fees for the achievement of state, regional and local solid waste management objectives. This is the same type of funds that were received FY2001 for the Community Organics Recycling Education (CORE) project that was successfully completed August 31, 2001. The city of Coppell again received this project funding FY2002 for the CORE-OPERATION program that was successfully completed August 31, 2003. The Proposed Project Application will be submitted for full reimbursement funding for the Residential Yard Trimmings Promotional Campaign. If awarded project funds of $8,705, the Promotional Campaign will include logo and art work for flyers, brochures, yard signs, and kraft yard bags for distribution to each household to insure high participation in yard trimmings recycling collection. The Community Programs Coordinator will administer the project. Marketing will be designed to target residential households handling of yard trimmings as a resource in a waste diversion effort. Applications will be judged by the NCTCOG Resource Conservation Council and will be awarde March 15, 2004 with the project completion date June 30, 2005. Action Requested: Approval and authorization of the mayor to sign the attached resolution. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: ^COG Funds-1Agenda Req Page 1 A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. ________ RESOLUTION OF CITY OF COPPELL AUTHORIZING THE FILING OF A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENT (NCTCOG) FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT; AUTHORIZING CITY MANAGER OR HIS DESIGNEE TO ACT ON BEHALF OF THE CITY OF COPPELL IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED THE CITY OF COPPELL WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Governments is directed by the Texas Commission on Environmental Quality to administer solid waste project funds for implementation the COG’s adopted regional solid waste management plan; and WHEREAS, the city of Coppell in the State of Texas is qualified to apply for project funds under the Request for Projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF COPPELL, OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the City Manager or his designee is authorized to request project funding under the North Central Texas Council of Governments’ Request for Projects of the Regional Solid Waste Local Project Funding Program and act on behalf of the city of Coppell in all matters related to the project application and any subsequent project contract and project requirements that may result. SECTION 2.In the event the project is funded and such funds are received, the city of Coppell will comply with the project requirements of the North Central Texas Council of Governments, Texas Commission on Environmental Quality and the State of Texas. Page 2 45271 (Revised) SECTION 3.Any and all funds, equipment and/or facilities acquired with such funds shall be used only for the purposes for which they are intended under the project. SECTION 4.That all activities will comply with and support the adopted regional and local solid waste management plans adopted for the geographical area in which the activities are performed. SECTION 5.That should any word, phrase, paragraph, or section of this Resolution be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Resolution 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 Resolution as a whole. SECTION 6.That this Resolution shall take effect immediately from and after its passage 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 ___________________, 2004. APPROVED: _________________________________________ DOUGLAS N. STOVER ATTEST: _________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 1/5/04) DEPT: Parks and Recreation DATE: January 13, 2004 ITEM #: 8 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of award of a bid to Dean Construction for the development of Practice Areas at Wagon Wheel Park in an amount not to exceed $1,294,011.00, and authorizing the City Manager and the President of the Coppell Recreation Development Corporation to sign. GOAL(S): EXECUTIVE SUMMARY: This item is to request approval of a bid from Dean Construction Company and to allow staff and the CRDC to enter into a contract for the construction of Practice Areas at Wagon Wheel Park. A price was negotiated with Dean Construction for this phase of the work at Wagon Wheel. The scope of the work will include grading and irrigation of two areas of the park, a sports lighting system, a batting cage, a clay infield practice area and a pitching practice area. This area is being developed in order to replace the property lost to the potential sale of the “Carter Crowley” property. The Coppell Recreation Development Corporation unanimously endorsed this bid at their January 5, 2004 meeting. FINANCIAL COMMENTS: Funds from the 1/2 cent sales tax for the CRDC are available to fund this project. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: ^WW Award PARKS AND RECREATION DEPARTMENT CITY COUNCIL AGENDA ITEM Date: January 13, 2004 To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Re: Consider approval of award of a bid to Dean Construction for the development of Practice Areas at Wagon Wheel Park in an amount not to exceed $1,294,011.00, and authorizing the City Manager and the President of the Coppell Recreation Development Corporation to sign. Background: The City Council has requested that the Parks and Recreation Department take the necessary action to have practice areas created at Wagon Wheel Park for the occasion when the “Carter Crowley site is lost to development. The architect for the Master Plan and Construction Documentation of the park was asked to further develop the master plan of the park to include practice areas in the available remaining open spaces of the park. After working with the various Sports Association representatives, the revised master plan was finalized and the project drawings completed. Because the development of the athletic complex at Wagon Wheel Park is an authorized project for the Coppell Recreation Development Corporation (CRDC), a request was made by the staff for the CRDC to fund this portion of development. The CRDC agreed to fund the project. The architect submitted an Opinion of Probable Construction Cost on August 21, 2003, indicating a possible cost of $1,861,997.50. The CRDC has available only $1,300,000.00 but the decision was made to bid the project as designed understanding that portions of the development may need to be eliminated from the project. Due to the short time frame required for having the project complete, the decision was made to negotiate a price with Dean Construction for the work. Dean’s original price (December 22, 2003) was $1,463,500.00, considerably less than the architect’s estimate, but still above the budget. Staff requested that Dean refigure the cost eliminating the parking lot, irrigation equipment that will be ordered separately, changing the type of grass seed and eliminating parking lot lighting from the project. Dean then returned a price of $1,294,011.00 as can be seen on the attachment dated December 30,2003. The scope of the project will not be reduced by the elimination of these elements from this contract. The parking lot and associated amenities will be bid separately and paid for with 1999 Park Bond funds as a contract unto itself. This work will be scheduled to proceed as Dean is finishing the establishment of grass, or soon thereafter. It is fully anticipated that the parking lot will be complete when the practice areas are ready for play. The Coppell Recreation Development Corporation unanimously endorsed this bid at their January 5, 2004 meeting. City Council Action requested: This item is to request approval of a bid from Dean Construction Company and to allow staff and the CRDC to enter into a contract for the construction of Practice Areas at Wagon Wheel Park in the amount not to exceed $1,294,011.00. Staff Recommendation: Approval of this item. Wagon Wheel Park Practice Area Development January 2004 Revised Master Plan of Wagon Wheel Park The areas of the plan shown in green are the two areas designated for development of practice facilities. Any field layout is shown for size reference only and is NOT indicative of the activities that may be scheduled at that particular location. Sports Association scheduling of the site will be done on an as-needed basis through the Sports Council. The developed area is approximately 30 acres in size and will consist of large expansive lighted, irrigated fields, lighted batting cages, a clay infield area and pitching instruction area. DEPT: Planning DATE: January 13, 2004 ITEM #: 9 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1210-C, Subway Restaurant, zoning change from PD-157R6-C (Planned Development-157 Revision 6-Commercial) to PD-157R6-C-S-1210 (Planned Development-157 Revision 6- Commercial-Special Use Permit-1210), to allow the operation of an approximate 1,500 square-foot restaurant to be located at 809 S. MacArthur (southwest corner of Belt Line Road and MacArthur Boulevard). GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: December 18, 2003 Decision of P&Z Commission: Approval (7-0) with Commissions McCaffrey, Milosevich, Kittrell, Halsey, Borchgardt, Foreman and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) The property shall be developed in accordance with the site plan, floor plan and sign plan. 2) The hours of operation shall not exceed 10 a.m. to 10 p.m. seven days a week. Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @2S-1210, Subway 1-AR Item # 4 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1210-C, Subway Restaurant P & Z HEARING DATE: December 18, 2003 C.C. HEARING DATE: January 13, 2004 STAFF REP.: Matt Steer, City Planner LOCATION: 809 S. MacArthur Boulevard (southwest corner of Beltline Road and MacArthur Boulevard). SIZE OF AREA: Approximate 1,500 square-foot restaurant. CURRENT ZONING: PD-157R6-C (Planned Development-157 Revision 6-Commercial) REQUEST: PD-157R6-C-S-1210 (Planned Development-157 Revision 6- Commercial-Special Use Permit-1210), to allow the operation of an approximate 1,500 square-foot restaurant. APPLICANT: Thomas Chapman 955 East Bethel School Road Phone & Fax # (972) 462-8381 HISTORY: This property was platted in 1987 and replatted in 1992. City Council granted approval of a 10,000 square-foot retail building site plan on May 11, 1999. On November 9, 1999, Council approved a revised plan, reducing the building size to 8,000-square feet. This limited the restaurant usage on the entire 4.6 acres of property to a total of 17,300-square feet of both interior/exterior space, provided parking requirements were met. Phase II contained 48 parking spaces and a loading space for the new facility. This restaurant use will be the only one permitted in this facility, as the remainder of the parking can accommodate only non-restaurant retail uses. Item # 4 Page 2 of 3 TRANSPORTATION: MacArthur Boulevard is a P6D divided major thoroughfare built to standard in a 110’ right-of-way. Beltline Road is shown on the Thoroughfare Plan as a P6D divided major thoroughfare built to standard in a 120’ right-of-way. SURROUNDING LAND USE & ZONING: North - shopping center , C (Commercial) South - restaurant; PD-157R6 (Planned Development-157 R6) East - shopping center; LI (Light Industrial) West - vacant; C (Commercial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for regional retail uses. DISCUSSION: This request is to allow a 1,500 square-foot Subway restaurant to occupy one of the lease spaces in the 8,000 square-foot building west of McDonalds, off Beltline Road. This is a standard Subway restaurant, without a drive-through (only dine in and/or carry out). There are proposed to be eight four-seat tables and two two-seat tables (36 seats total). The applicant has requested that the hours of operation not exceed 10 a.m. to 10 p.m., seven days a week. Per the requirements of the Zoning Ordinance, parking for this use is required at a ratio of one space per 100-square feet, thus requiring 15 parking spaces. There are a total of 48 parking spaces on site. Thirty-three will remain available for the additional 6,500-square feet of vacant space. As indicated within the previous site plan approval, the remaining space will be restricted from restaurant use and limited to the uses that have a parking ratio of a maximum one space per 200-square feet. This lease space will have 19’ of frontage on Beltline Road; therefore, the requested 18.83 square-foot sign is allowable per the Sign Ordinance. The sign faces are proposed to be white without any raceway proposed. The illumination shall be limited to white or off-white. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-157R6-C-S-1210 (Planned Development-157 Revision 6-Commercial-Special Use Permit-1210) subject to the following conditions: Item # 4 Page 3 of 3 1) The property shall be developed in accordance with the site plan, floor plan and sign plan. 2) The hours of operation shall not exceed 10 a.m. to 10 p.m. seven days a week. 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 indicating hours of operation and exhibits 2) Building Plan 3) Floor Plan 4) Building Elevations with sign location 5) Sign Plan DEPT: Planning DATE: January 13, 2004 ITEM #: 10 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1212-LI, Pump it Up, zoning change from LI (Light Industrial) to S-1212-LI (Special Use Permit-1212- Light Industrial), to allow the operation of an approximate 16,800 square-foot indoor recreation/entertainment center to be located at 1405 S. Beltline Road. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: December 18, 2003 Decision of P&Z Commission: Approval (7-0) with Commissions McCaffrey, Milosevich, Kittrell, Halsey, Borchgardt, Foreman and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Applicant entering into a signed agreement specifying 50 parking spaces will be reserved for this facility and show on revised Site Plan. 2) All development will be in accordance with the revised site plan and sign exhibit. 3) Hours of operation shall not exceed 9:30 a.m. to 10:30 p.m. seven days a week. 4) The parking lot shall remain lighted during hours of operation. Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @3S-1212, Pump 1-AR Item # 5 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1212-LI, Pump It Up P & Z HEARING DATE: December 18, 2003 C.C. HEARING DATE: January 13, 2004 STAFF REP.: Gary L. Sieb, Planning Director LOCATION: 1405 S. Beltline Road. SIZE OF AREA: Approximately 16,800 square-foot indoor recreation/entertainment center for a “Pump It Up” children’s play center. CURRENT ZONING: LI (Light Industrial) REQUEST: S-1212-LI (Special Use Permit-1212- Light Industrial). APPLICANT: Kevin Ayres 4108 Ridge Park Way Plano, TX. 75024 (469) 556-5101 FAX (972) 335-9124 HISTORY: There has been no recent zoning/planning history on the subject property. The 84,000 square-foot office/showroom structure was built in 1998, and the recent vacation of almost 17,000-square feet of floor space precipitated this request for reuse. TRANSPORTATION: Beltline Road is an improved P6D, six-lane divided thoroughfare contained within a 120-foot right-of-way. SURROUNDING LAND USE & ZONING: Item # 5 Page 2 of 3 North -Office/warehouse; LI (Light Industrial) South – Office/warehouse; LI (Light Industrial) East - North Lake; City of Dallas, SUP #3, A (Agriculture) West - Office/warehouse; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for office, showroom, warehouse uses. . DISCUSSION: This request is located in a 16,800 square-foot vacant suite in the Coppell Business Center II building, an 84,000 square-foot structure. Pump It Up is an indoor child’s activity center which provides private party and special occasion activities. As proposed, it consists of two party rooms used for eating and celebrating the event, be it a birthday or special occasion. In addition, there is a reception area, offices, restrooms and two arena areas where the inflatable attractions are located. As explained to staff, as guests arrive, they congregate in the lobby area. They are then escorted to the arena area where the inflatables are located and after receiving instructions regarding their use, the party begins. After not more than 90 minutes, the group is escorted to the party rooms for cake, pizza or other food brought in for the occasion. Pump It Up does not produce or prepare any meals, but typically establishes a contract with local vendors for food service. In general, the party lasts a total of two hours, which includes the inflatable activity, food service in the party rooms, clean up and conclusion. The facility is never open to the general public for drop-in visitors. It is a scheduled party facility only and generally operates from 9:30 a.m. to no later than 10 p.m. on weekends, and after 4 p.m. during the week. As stated by the applicant, there is more activity on the weekends than during the week. That statement is very important to the over all review of this case, specifically as it relates to parking. The problem here is that the building was built for industrial/warehouse uses at one parking space for each 1,000 square feet of gross floor area. Even though the building was constructed with roughly twice the required parking, this use is not warehouse and, therefore, has a higher parking requirement standard. We do not have a listed parking standard for an indoor amusement facility. The closest we have is a commercial amusement and that use requires one parking space for each 100- square feet of gross floor area, or 168 spaces for this activity. That appears to be excessive in that the applicant states on his Concept Floor Plan that no more than 125 people have ever been in his existing facility at one time, and he has only 40 parking spaces reserved for this use. In addition, the building owner has only 188 spaces for the entire building. Another standard used in our parking ordinance, again for commercial amusement, calls for one space for each three guests. As mentioned above, the informational data provided Item # 5 Page 3 of 3 on the Concept Floor Plan states a maximum of 125 people have occupied his existing facility at one time. In that case, 42 parking spaces would be required. Personnel and staff parking need to be added to that figure. The applicant goes on to state that roughly 95% of parties occur on weekends or after 4 p.m. during the week. If that were made a condition of approval, resulting in additional parking spaces being available from adjacent businesses who typically have an 8 to 5 work day five days a week, our concerns with parking would be reduced. That could be accomplished with a signed parking agreement between this applicant and an adjacent occupant with a minimum of 50 spaces being reserved for this activity. The proposed signage is in compliance with our sign guidelines and the blue logo is less than the 20% allowed for attached signs. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the Pump It Up facility subject to: 1. Applicant entering into a signed agreement specifying 50 parking spaces will be reserved for this facility during the weekends and after 4 p.m. during the week and show on a revised site plan. 2. All development will be in accordance with the revised site plan and sign exhibit. 3. Hours of operation will be from 9:30 a.m. to 10 p.m. during the weekends and no earlier that 4:30 p.m. during the week. 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. Floor Plan with Signage 2. Business summary, Equipment and materials description 3. Overall Site Plan Leighking, L.P., Confidential This narrative is supplied as part of the application for A Special Use Permit for the following address: _________1405 S. Beltline, Coppell__ submitted by the following applicants: ________Kevin and Shannon Ayres_ There are 8 current facilities operating in: California, Texas, Indiana and Alabama www.pumpitupparty.com THIS DOCUMENT IS CONFIDENTIAL This document is exclusively for those administrative members directly involved with the Use Permit process only. Table of Contents Business Summary.......................................................Page 1 General Building Description........................................Page 1 General Business Description......................................Page 2 Definition of Terms Hours of Operation Physical Set-up Employees Parking and Traffic Age Limitations Food and Drinks Environmental Concerns.............................................. Page 3 Hazardous Materials Noise Garbage Electric/Water Consumption The Party Model Equipment and Materials.............................................. Page 3 Interactive Inflatables Floor Covering Electronics Appliances Furniture Special Equipment Leighking, L.P., Confidential Business Summary Pump It Up Inflatable Party Zone is a safe and fun indoor children’s activity center for private parties and special occasions (primarily childrens’ birthday parties). The activity center will house interactive inflatable attractions, i.e. bounce house, obstacle course to be used by a private party of up to 25 children. Key points to consider for zoning clarification: „We do not produce any food on the premises. „The pizza and soda are an optional added convenience, and our customers do not need to purchase it in order to have a party at Pump It Up. „About 33% of our customers request soda and pizza for our functions. „If ordered, the pizza is delivered to our site by a local pizza vendor that we have on contract. „When classifying Pump It Up, we are normally compared to a gymnastics studio, ballet studio or karate facility, because we are never open to the public and only open by appointment/reservation. Business Description - General Definition of terms: Interactive Inflatable - industrial-grade vinyl and rubber structure inflated with forced air (not compressed air) provided by a squirrel cage blower unit. The inflatables are similar to hot-air balloons, in that their construction prevents them from “popping” or becoming excessively inflated. Passive, one-way exit air flaps open when a set inflation is reached thereby maintaining the optimum level of inflation. Once the blower is turned off, the inflatables self-deflate completely in less than 3 minutes. Fire resistance information is provided. Blower Unit - A 2’x2’x2’ metal box housing a 15 amp electric motor and a squirrel cage fan that forces air into the Interactive Inflatable through a 10” diameter flexible duct. Activity Area - the largest section of the facility that will house the inflatables and blowers. Party Room - an area adjoining the Activity Area to be used by the party guests for refreshments and gifts. Arena Supervisor - a staff member who remains on the floor of the Activity Area during a party to maintain safety and assist guests. Hours of Operation: Each party will be required to secure advanced date reservations. At no time will the facility be open to the general public on a drop-in basis. Reservations for parties will be accepted for dates Sunday thru Saturday, with the earliest party Leighking, L.P., Confidential beginning at 9:30 A.M. and the last party ending not later than 10:00 P.M. Each party will be limited to 2 hours total time (up to 90 minutes in the Activity Centers and the balance in the Party Room). Please note that 90% of our parties are held when the business park is closed. Physical Set-Up: Party guests will enter the facility at the front entrance of the building into the Lobby Area. From the Lobby Area, the group will move to the Activity Areas. From the Activity Areas the group will move to the Party Room, then back to the Lobby to exit the building. Parking and Traffic: At no time will Pump It Up be open to the public for drop-in visitors. There are currently 40 parking spaces for the building, as well as handicapped parking. Including employees, there should not be more than 35 cars at any given time, as it has been our personal experience that a majority of parents drop off their invited children at parties, then pick-up at the end. Food and Drinks: Pump It Up will not produce or prepare any food or meals whatsoever. We typically establish a contract with a local pizza vendor for delivery at specified times. Birthday cakes and desserts, if any, must be provided by the party host. We will provide a refrigerator for the customer’s use during the party. Environmental Concerns: Hazardous Materials: There are no hazardous materials, emissions, runoff or waste associated with the use of inflatables. Small quantities of janitorial supplies will be stored on site. Noise: The 15 amp electric blowers, the high volume of moving air and excited children will combine to create noise levels. With the huge Activity Area having tall ceilings, we do not anticipate these noise levels exceeding any health or zoning code. We have experienced no complaints in the existing facilities. Garbage: We estimate each party will generate not more than two 33-gallon trash bags filled mostly with paper plates, cups and food waste. We plan on leasing a dumpster from the local Garbage company, which will be placed in the area designated by the business park. Electrical/Water Consumption: No industrial-level equipment will be used in this business. Eight 15 amp blowers will be in use for the inflatables in addition to the listed office equipment, appliances and lighting. Water consumption will be limited to lavatory and water fountain use only. The Party Model As guests arrive, they will be allowed to sit in the reception lobby until the balance of their group arrives. When the group has assembled, they will be escorted by the Arena Supervisor into the Activity Area where they will see the interactive inflatables. The Arena Supervisor will direct the group to a seating area where they can remove and store their shoes while listening to instructions, general behavior and safety rules on DVD. At the completion of the talk, the group will be allowed to enter the Activity Areas and enjoy the inflatables. The Arena Supervisor will remain on the floor to monitor the Activity Areas and render assistance where needed. At no time will this area be unsupervised during a party. After not more than 90 minutes, the Arena Supervisor will indicate time is up and to get shoes on to go to the Party Room for the balance of the party. The Supervisor will escort the group to the Party Room and provide any assistance the party host requires, but will then leave the room to ready for the next group, if any. Another staff member will then assist the party with further needs. After a total of 2 hours, the host will be advised time is up and direct the group back to the lobby to wait for rides and parents. At no time, may the party host leave before all party members have been picked up. Leighking, L.P., Confidential Equipment and Materials Interactive Inflatables: are made of industrial-grade vinyl and rubber and are inflated with blown air (not compressed air) provided by a squirrel cage blower unit. The blower unit must remain on as long as the inflatable is in use to provide a constant flow of air. The inflatables are similar to hot-air balloons, in that their construction prevents them from “popping” or becoming excessively inflated. Passive, one-way exit air flaps open when a set inflation is reached thereby maintaining the optimum level of inflation. Once the blower is turned off, the inflatables self-deflate completely in less than 3 minutes. Surfacing: any part of the Activity Area floor used for foot traffic will be covered with a padded, indoor/outdoor grade carpet approved for this facility. Electronic: a standard suite of office equipment such as PC’s and peripheral equipment. Appliances: a refrigerator for sodas and customer-supplied cakes brought in during the party. Furniture: standard office furniture, lobby seating, conference tables and chairs in the Party Room. Special/Unique Equipment: each inflatable requires a squirrel cage blower unit that is rated at 15 amps/110V-AC with a start-up draw of 20 amps. These units are self-contained and UL-approved devices for both indoor and outdoor use. General Building Description This proposed address is a light-industrial building, approximately 16,800 sq. ft. in size. The owner of the building is in full agreement with our business proposition and is cooperating with our efforts to gain approval. DEPT: Planning DATE: January 13, 2004 ITEM #: 11 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD-163R2-SF-9, Windsor Estates, zoning change from PD-163R (Planned Development 163-Revised-Single Family-9) to PD-163R2-SF-9 (Planned Development 163-Revision 2-Single Family-9) to allow: replatting Lots 4&5, Block B, into one lot; reducing the fence/building line on Lot 1, Block B (612 St. James) from 25 to 15 feet along DeForest Road; revising the size of the common areas (Lots 1X and 19X, Block A); revising the size of Lots 1, 2, 14, 16 and 17, Block A; renaming Lot 15 to Lot 15X, and revising the 100- year Flood Plain line. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: December 18, 2003 Decision of P&Z Commission: Approval and Denial (7-0) with Commissions McCaffrey, Milosevich, Kittrell, Halsey, Borchgardt, Foreman and Reese voting in favor. None opposed. Approval of replatting Lots 4&5, Block B, into one lot; revising the size of the common areas (Lots 1X and 19X, Block A); revising the size of Lots 1, 2, 14, 16 and 17, Block A; renaming Lot 15 to Lot 15X, and revising the 100- year Flood Plain line is recommended, subject to the following conditions: 1) Provision of an “as-built” survey of the landscaping in Lot 19X in relation to the existing R.O.W.’s and property lines. 2) A PD condition that specifically states, and graphically illustrates, that the HOA will be maintaining 775-square feet of land within the previously dedicated R.O.W. for DeForest Road, and License Agreement being approved by City Council. 3) Revisions to the Site Plan to address the following technical/drafting revisions: • Revise the label on Lot 19X to reflect that this is an “existing” pond not “proposed”. • Add a leader line from 1X to the actual lot. (CONDITIONS MET) 4) Add the label “Exhibit 1” to Exhibit 1. (CONDITION MET) Denial of reducing the fence/building line on Lot 1, Block B (612 St. James) from 25 to 15 feet along DeForest Road. (See letter of appeal dated December 31, 2003, from Jim Street.) NOTE: A ¾ vote of Council is needed to overturn the Commission’s recommendation of denial. Staff recommends both approval and denial as stated above. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @4PD-163R2, Wind 1-AR Item # 6 Page 1 of 5 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-163R2-SF-9, Windsor Estates P & Z HEARING DATE: December 18, 2003 C.C. HEARING DATE: January 13, 2004 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: 540’ east of Allen Road; at the east end of DeForest. SIZE OF AREA: 15.78 acres of property. CURRENT ZONING: PD-163R-SF-9 (Planned Development-163 Revised-Single Family- 9). REQUEST: PD-163R2-SF-9 (Planned Development-163 Revision 2-Single Family-9) to allow replatting of Lots 4&5, Block B, into one lot; reducing the fence/building line on Lot 1, Block B (612 St. James) from 25 to 15 feet along DeForest Road; revising the size of the common areas (Lots 1X and 19X, Block A); revising the size of Lots 1, 2, 14, 16 and 17, Block A; renaming Lot 15 to Lot 15X, and revising the 100-year Flood Plain line. APPLICANTS: Mr. Kelly Jordan Coppell Windsor Estates 2638 Walnut Hill Lane, Suite 218 Dallas, Texas 75229 214-357-0505 FAX: 214-351-2828 Mr. Jim Street Street Custom Homes 1660 S. Stemmons Freeway, Suite 295 Lewisville, Texas 75067 Item # 6 Page 2 of 5 972-393-2078 FAX: 972-219-5477 Mr. Terry Holmes The Holmes Builders 1406 Halsey Way, Suite 100 Carrollton, Texas 75007 972-242-1770, ext. 201 FAX: 972-242-2931 HISTORY: In 1997, PD-163, Windsor Estates, was established to allow the development of 27 single-family homes and common areas on 15.78 acres of property. The Preliminary Plat for this subdivision was approved for 24 residential lots and two common areas in May 1998. The Final Plat, for 23 residential lots, was approved in May 1999. In June 1999, the PD was amended to revise the entry features and create additional common areas to accommodate landscaping. TRANSPORTATION:DeForest Road has been extended through this subdivision as a concrete, 27 foot wide, residential street built within a 50’ right-of-way. SURROUNDING LAND USE & ZONING: North – Denton Creek; City of Lewisville South – Villages of Coppell, Phase IIIB; PD-140 East - Denton Creek; City of Carrollton West - Single-family home; SF-12 COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable low density residential. DISCUSSION: This PD and the plat have undergone several revisions since its initial inception in 1997. This PD amendment actually has nine revisions, several due to owner requests, and several are more technical in nature. The revisions are summarized on the following table: Item # 6 Page 3 of 5 REQUEST PURPOSE/REASON RECOMMENDATION Revising the size of Lots 1, 2, 16 and 17 When the extension of DeForest was constructed, the alignment shifted slightly, which resulted in revised lot sizes. APPROVAL Revising the size of Lot 14 Resolve an existing fence encroachment issue. APPROVAL Renaming Lot 15 to 15X This lot is a common area lot, developed as open space and landscaping, and needs to be designated as such, with an “X”. APPROVAL Revision to size and proposed landscaping for Lot 1X The previous revision to the PD and the filed plat indicated Lot 1X to contain over 900-square feet and include trees and landscaping. The size of Lot 1X has been reduced to 99-square feet and now only contains an entry feature column. APPROVAL Revision to size and landscaping of Lot 19X The size of this common open space area has been revised due to the shifting of the road and the revision to the size of Lot 14. APPROVAL Maintenance of a portion of the former Deforest Road R.O.W. As conceptually established in the previous PD amendment, a portion of the existing landscaping and entry feature hardscape (walls) for Windsor Estates was constructed within a 775 square-foot area, which is within the 10-foot strip of land that was previously dedicated as R.O.W. for the extension of DeForest Road. Given that DeForest Road was realigned to the north, this right-of- way is no longer needed for this street. APPROVAL, subject to: PD needs to be amended to specifically state, and to graphically indicate, that the HOA will be maintaining this 775-square feet of land. A License Agreement will need to be approved by City Council. Revision to the 100-year flood plain line On October 1, 2003, F.E.M.A. officially published a flood plain map for this area, which removed the buildable areas of these lots from the flood plain. Flood plain still exists along the north and eastern boundaries of this tract. The correct flood plain line is now shown on the plat. APPROVAL Replatting Lots 4 and 5,As shown on Exhibit 1, the owner of APPROVAL Item # 6 Page 4 of 5 Block B into Lot 4R the existing home on Lot 5 desires to construct a two-story 1,080 square- foot addition to their home on Lot 4; therefore, these two lots need to be platted into one lot. Reducing the fence/building line on Lot 1, Block B (612 St. James) from 25 to 15 feet along DeForest Road. As indicated on Exhibit 2, the applicant is requesting to move the building/fence line 10 feet closer to Deforest Road to allow for the construction of a fence in the side yard, which will also enclose the pool proposed for the rear yard. The existing wood fence along the rear property line is proposed to be extended to the 25-foot setback line, and the 10-foot extension, beyond the existing 25-foot setback will be a 4- foot wrought iron fence over a 1.5- foot retaining wall for an effective height of 5.5 feet. This fence is requested to be extended approx. 50 feet along Deforest Road. DENIAL When this PD was established, the fence and the building setback lines on corner lots were specifically designated to be 25 feet to preserve the open space and the view/visibility along the streets. This request is to encroach on the area by 10 feet at the corner of St. James and DeForest. Staff’s main concern is the impact on the views along DeForest, as well as the abutting property owner to the north. A four-foot wrought iron fence will be built on top of a 1.5-foot retaining wall for an effective height of 5.5’. There are no property hardships present, except that the home constructed is too large for the lot. Staff cannot support this request. There are several minor drafting errors that also need to be revised prior to forwarding this request on to City Council. Site Plan • Revise the label on Lot 19X to reflect that this is an “existing” pond not “proposed”. • Add a leader line from 1X to the actual lot. Exhibit 1 • Needs to be labeled as Exhibit 1. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Item # 6 Page 5 of 5 Staff is recommending APPROVAL of the first eight revisions to PD-163R2 subject to: 1) Provision of an “as-built” survey of the landscaping in Lot 19X in relation to the existing R.O.W.’s and property lines. 2) A PD condition that specifically states, and graphically illustrates, that the HOA will be maintaining 775-square feet of land within the previously dedicated R.O.W. for DeForest Road, and License Agreement being approved by City Council. 3) Revisions to the Site Plan to address the following technical/drafting revisions: • Revise the label on Lot 19X to reflect that this is an “existing” pond not “proposed”. • Add a leader line from 1X to the actual lot. 4) Add the label “Exhibit 1” to Exhibit 1, and DENIAL of the revision to the building/fence line on Lot 1, Block B, unless support is received from the adjacent property owners. 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) Detail Site Plan for PD-163R2 2) Detail Site Plan for Lot 4R, Block B 3) Detail Site Plan for Lot 1, Block B DEPT: Planning DATE: January 13, 2004 ITEM #: 12 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of the Windsor Estates, Replat, to allow: replatting Lots 4&5, Block B, into one lot; reducing the fence/building line on Lot 1, Block B (612 St. James) from 25 to 15 feet along DeForest Road; revising the size of the common areas (Lots 1X and 19X, Block A); revising the size of Lots 1, 2, 14, 16 and 17, Block A; renaming Lot 15 to Lot 15X, and revising the 100-year Flood Plain line. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: December 18, 2003 Decision of P&Z Commission: Approval and Denial (7-0) with Commissions McCaffrey, Milosevich, Kittrell, Halsey, Borchgardt, Foreman and Reese voting in favor. None opposed. Approval of replatting Lots 4&5, Block B, into one lot; revising the size of the common areas (Lots 1X and 19X, Block A); revising the size of Lots 1, 2, 14, 16 and 17, Block A; renaming Lot 15 to Lot 15X, and revising the 100- year Flood Plain line is recommended, subject to the following conditions: 1) City Council approval of a License Agreement to allow for the maintenance by the HOA of the entry feature and landscaping within approximately 775 square feet of the western most portion of the 10’ R.O.W. This shall also be noted on the plat. 2) Revise page 2 of the plat to add owner’s notarized signature blocks for ALL lot owners within this subdivision. Denial of reducing the fence/building line on Lot 1, Block B (612 St. James) from 25 to 15 feet along DeForest Road. (See letter of appeal dated December 31, 2003, from Jim Street.) NOTE: A ¾ vote of Council is needed to overturn the Commission’s recommendation of denial. Staff recommends both approval and denial as stated above. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @5Windsor Rpl. 1-AR Item # 7 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Windsor Estates, Replat P & Z HEARING DATE: December 18, 2003 C.C. HEARING DATE: January 13, 2004 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: 540’ east of Allen Road; at the east end of DeForest. SIZE OF AREA: 15.78 acres of property. CURRENT ZONING: PD-163R (Planned Development-163 Revised) REQUEST: Replat to allow replatting Lots 4&5, Block B, into one lot; reducing the fence/building line on Lot 1, Block B (612 St. James) from 25 to 15 feet along DeForest Road; revising the size of the common areas (Lots 1X and 19X, Block A); revising the size of Lots 1, 2, 14, 16 and 17, Block A; renaming Lot 15 to Lot 15X, and revising the 100-year Flood Plain line. APPLICANTS: Mr. Kelly Jordan Coppell Windsor Estates 2638 Walnut Hill Lane, Suite 218 Dallas, Texas 75229 214-357-0505 FAX: 214-351-2828 Mr. Jim Street Street Custom Homes 1660 S. Stemmons Freeway, Suite 295 Lewisville, Texas 75067 972-393-2078 FAX: 972-219-5477 Mr. Terry Holmes Item # 7 Page 2 of 3 The Holmes Builders 1406 Halsey Way, Suite 100 Carrollton, Texas 75007 972-242-1770, ext. 201 FAX: 972-242-2931 HISTORY: In 1997, PD-163, Windsor Estates, was established to allow the development of 27 single-family homes and common areas on 15.78 acres of property. The Preliminary Plat for this subdivision was approved for 24 residential lots and two common areas in May 1998. The Final Plat for 23 residential lots was approved in May 1999. In June 1999, the PD was amended to revise the entry features and create additional common areas to accommodate landscaping. TRANSPORTATION:DeForest Road has been extended through this subdivision as a 27 foot concrete, residential street built within a 50’ right-of-way. SURROUNDING LAND USE & ZONING: North – Denton Creek; City of Lewisville South – Villages of Coppell, Phase IIIB; PD-140 East - Denton Creek; City of Carrollton West - Single-family home; SF-12 COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable medium-density residential. DISCUSSION: This is a companion case to the PD amendment. This plat reflects the amendments as requested in the PD, which are specifically as follows: • Replatting Lots 4&5, Block B, into one lot; • reducing the fence/building line on Lot 1, Block B (612 St. James) from 25 to 15 feet along DeForest Road; • revising the size of the common areas (Lots 1X and 19X, Block A); • revising the size of Lots 1, 2, 14, 16 and 17, Block A; • renaming Lot 15 to Lot 15X, and • revising the 100-year Flood Plain line. These items were discussed in detail in the staff report on the requested PD amendments. Given that these revisions will affect all property owners in virtue of the revisions to the size of the common areas which will ultimately Item # 7 Page 3 of 3 the effect the long-term maintenance costs to the HOA, this plat instrument is required to be signed by all lot owners in this subdivision. Staff is in support of all these revisions, except for the reduction of the building/fence line along DeForest Road. The final issue relates to the R.O.W. that was previously dedicated for the extension of DeForest Road. As this subdivision was planned and constructed, DeForest Road was curved to the north into a looped street pattern with St. James Place. The previously dedicated R.O.W. is no longer needed. In July of this year, City Council granted License Agreements with six of the property owners to the south, in Villages of Coppell IIIB, to allow fencing and maintenance of the City R.O.W. adjacent to these six lots. A similar License Agreement needs to be entered into with Windsor Estates to allow for the entry feature and landscaping within approximately 775 square feet of the western most portion of this R.O.W. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the replat for Windsor Estates, subject to: 1. City Council approval of a License Agreement to allow for the maintenance by the HOA of the entry feature and landscaping within approximately 775 square feet of the western most portion of the 10’ R.O.W. This shall also be noted on the plat. 2. Revise page 2 of the plat to add owner’s notarized signature blocks for ALL lot owners within this subdivision. 3. DENIAL of the revision to the building/fence line on Lot 1, Block B, unless approved as part of the PD amendment. ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Replat of Windsor Estates DEPT: Planning DATE: January 13, 2004 ITEM #: 13 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD-131R5-SF-12, The Estates of Cambridge Manor, Lot 7, Block B, zoning change from PD-131R-SF-12 (Planned Development 131-Revised-Single Family-12) to PD-131R5-SF-12 (Planned Development 131-Revision 5-Single Family-12), to allow a reduction of the required rear yard from 20 feet to 12 feet to allow the expansion of the existing home located at 829 Kings Canyon Court. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: December 18, 2003 Decision of P&Z Commission: Approval (7-0) with Commissions McCaffrey, Milosevich, Kittrell, Halsey, Borchgardt, Foreman and Reese 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: @6PD-131R5, ECM 1-AR Item # 8 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-131R5-SF-12, The Estates of Cambridge Manor, Lot 7, Block B P & Z HEARING DATE: December 18, 2003 C.C. HEARING DATE: January 13, 2004 STAFF REP.: Gary L. Sieb, Planning Director LOCATION: 829 Kings Canyon Court. SIZE OF AREA: Approximately 14,000-square feet of lot area CURRENT ZONING: PD-131R-SF-12 (Planned Development-131 Revised-Single Family- 12) REQUEST: PD-131R5-SF-12 (Planned Development-131Revision 5-Single Family-12) to allow a reduction of the required rear yard from 20 feet to 12 feet to allow the expansion of garage and home. APPLICANT: MRCH, Inc, Contractor Jeff and Lynne Warne, Owner Marty Raymond 829 King Canyon Ct. 5068 Plano Pkwy., Ste. 300 Coppell, TX. 75019 Plano, TX. 75 (972) 824-1610 FAX (972) 943-7709 HISTORY: There has been no recent development history in the subdivision. It was originally built in the early 90’s and has been built-out for at least the last five years. Being a Planned Development District, on occasion, we have had revisions to the PD (similar to the one before you here) and this is the 5th minor amendment request to the PD. Item # 8 Page 2 of 2 TRANSPORTATION: Kings Canyon Court is a residential street of 27-foot width built to standard within a 50-foot right-of-way. SURROUNDING LAND USE & ZONING: North -single-family residences; PD-131 South – single-family residences; PD-131 East - single-family residences; PD-131 West - single-family residences; PD-131 COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for low density, single-family development. . DISCUSSION: This is a rather straight-forward case in that the owner of this property at 829 Kings Canyon wishes to add on to an existing structure. Basically what is requested here is permission to construct an addition that extends into a required yard. Because this is a corner lot, and the applicant felt there was an interpretation question with regard to a rear vs. a side yard, an opinion of the Building Official was requested. The Building Official rightfully ruled that this is a rear yard (requiring a 20-foot setback) and the way to permit construction was through an amendment to the PD. We have a letter from the adjacent property owner supporting this request (see attachment), and based on staff opinion that this addition will not harm adjacent owners, we support this request. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of this request. 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) Floor plans of proposed addition 2) Letter of support from adjacent homeowner 3) Photo of area of proposed addition DEPT: Planning DATE: January 13, 2004 ITEM #: 14 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the St. Andrews Estates, Lots 1 through 24X, Block 2, Final Plat, to allow a 23-lot single- family subdivision, and one common area lot, on approximately 10 acres of property located along the north side of DeForest Road between Prestwick Court and Stratford Lane. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: December 18, 2003 Decision of P&Z Commission: Approval (7-0) with Commissions McCaffrey, Milosevich, Kittrell, Halsey, Borchgardt, Foreman and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) All conditions of the preliminary plat are followed. (See attached letter to applicant dated September 10, 2003.) 2) Tree mitigation plan will be followed (reference John Elias e-mail attached) and a reforestation fee in the amount of $11,800 will be paid. 3) Stonewick Lane alignment is acceptable to all parties. 4) Homeowners Association will be formed to maintain all common property. 5) Resolve outstanding floodplain and drainage issues with Engineering. 6) Receive written permission from adjacent property owner to the west that realigned Stonewick Lane is acceptable. Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @7St. AndrewsFP 1-AR Item # 9 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: St. Andrews Estates, Lots 1 through 24X, Block 2, Final Plat P & Z HEARING DATE: December 18, 2003 C.C. HEARING DATE: January 13, 2004 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: Along the north side of DeForest Road, between Prestwick Court and Stratford Lane. SIZE OF AREA: Approximately 10 acres of property. CURRENT ZONING: SF-12 (Single Family-12) REQUEST: Final Plat approval to allow a 23-lot single-family subdivision, and one common area lot. APPLICANT: The Holmes Builders, Inc. 1406 Halsey Way, Suite 100 Carrollton, TX. 75007 (972) 242-1770, Ext. 201 FAX (972) 242-2931 HISTORY: There has been no recent development history on the subject tract other than the preliminary plat which was approved by City Council on September 9, 2003. In the recent past, this site was the City of Coppell’s Service Center. The Service Center recently moved to a new location and this 10 acre property was placed on the market for competitive bidding. The Holmes Builders, Inc., was the successful Item # 9 Page 2 of 3 bidder and now wishes to plat the property for residential development. TRANSPORTATION:DeForest Road is an unimproved asphalt road contained within a variable width right-of-way ranging from 40 to 50 feet. It is planned to eventually be a 27-foot wide concrete street with a 50-foot right-of- way. SURROUNDING LAND USE & ZONING: North -single-family residence; PD-184 SF-ED South – single-family residences; PD-137 (zero lot line) East - single-family residences; PD-161 SF-12 West - single-family residences: SF-12 COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for public/institutional use; single-family residences were proposed if the Service Center were to vacate the property. DISCUSSION: This property was considered for preliminary plat approval last month. As stated in the November staff report, we would normally consider such a request through the Planned Development process (the applicant wished to eliminate alleys, exceed the maximum height of screening fences and cul-de- sac length, among others). However, based upon a condition of City sale that the property be used for single-family development and considering the low density of the proposed project, last month, Council approved a preliminary plat with alterations to the subdivision regulations (as opposed to the Zoning Ordinance). The applicant now wishes to finalize his development proposal and requests approval of this Final Plat document. The applicant has addressed the conditions for preliminary plat approval, and with some clarifications (see John Elias’ e-mail attached) and additional dialogue with City staff, this plat is ready for approval. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the Final Plat for St. Andrews Estates, subject to the following conditions: 1. All conditions of the preliminary plat are followed. (See attached letter to applicant dated September 10, 2003.) Item # 9 Page 3 of 3 2. Tree mitigation plan will be followed (reference John Elias e-mail attached) and a reforestation fee in the amount of $11,800 will be paid. 3. Stonewick Lane alignment is acceptable to all parties. 4. Homeowners Association will be formed to maintain all common property. 5. Resolve outstanding floodplain and drainage issues with Engineering. 6. Receive written permission from adjacent property owner to west that realigned Stonewick Lane is acceptable. ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Final Plat Document. 2) John Elias e-mail 3) Letter dated September 10, 2003 September 10, 2003 Mr. Terry Holmes The Holmes Builders 1406 Halsey Way, Suite 100 Carrollton, TX 75007 RE: St. Andrews Estates, Lots 1-24X, Block 2, Preliminary Plat Dear Terry: This letter is to inform you that the St. Andrews Estates, Lots 1 through 24X, Block 2, Preliminary Plat, to allow a 23-lot single-family subdivision, and one common area lot, on approximately 10 acres of property located along the north side of DeForest Road between Prestwick Court and Stratford Lane, was approved by the Coppell City Council on Tuesday, September 9, 2003, subject to the following conditions: 1) The cul-de-sac shall not exceed 625 feet in length. 2) Final approval of the alignment of the extension of Stonewick Lane. 3) Council granted waivers of the wall height/setback and alley requirements. 4) Specify that the common landscaping and wall easement will be maintained by the HOA. 5) Ensure that a connecting sidewalk will be constructed between Lots 14 and 15. 6) Understanding that a $2,000 flood study review fee will be paid to the City, and no development will be allowed in floodplain areas until all appropriate approvals are obtained. 7) No structures or fill will be allowed in the revised floodplain. 8) Engineering will require additional information on the grading plan. 9) Determination and approval of the final tree mitigation plan. For your information, this Preliminary Plat is valid for nine months, after which it shall become null and void. If you have any questions, please contact the Planning Department at (972) 304-3678. Sincerely, Gary L. Sieb, A.I.C.P. Director of Planning Cc Building Inspection file DEPT: Planning DATE: January 13, 2004 ITEM #: 15 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the Coppell/121 Office Park, Preliminary Plat, to allow the development of an office park on 8.38 acres of property located along the north side of S.H. 121, approximately 875 feet west of Denton Tap Road. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: December 18, 2003 Decision of P&Z Commission: Approval (7-0) with Commissions McCaffrey, Milosevich, Kittrell, Halsey, Borchgardt, Foreman and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Contact Jeff Curry at 972-570-4126 to discuss electric easement requirements. 2) All work taking place within TxDOT right-of-way must be approved and permitted by TxDOT. 3) All work must be coordinated with the construction of the main lanes of S.H. 121. 4) Drainage issues will continue to be evaluated during engineering review. 5) Additional easements and/or utilities may be deemed necessary during engineering review. 6) Remove proposed easternmost access point from plat. (CONDITION MET) 7) Construct a 6’-solid masonry fence along the northern property line. (CONDITION MET) Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @8Cop.121OP PP 1-AR Item # 12 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Coppell/121 Office Park, Preliminary Plat P & Z HEARING DATE: December 18, 2003 C.C. HEARING DATE: January 13, 2004 STAFF REP.: Matt Steer, City Planner LOCATION: Along the north side of S.H. 121, approximately 875’ west of Denton Tap Road. SIZE OF AREA: 8.38 acres of property. CURRENT ZONING: HC (Highway Commercial) REQUEST: Preliminary Plat to allow the development of an office park. APPLICANT: Tom Wouters RCP, Coppell No. 1, Ltd. 32 Village Lane, Suite 200 Colleyville, Texas 76034 Phone # (817) 488-4200 Fax # (817) 424-2448 HISTORY: No development history on the subject tract. TRANSPORTATION:Denton Tap Road is a P6D divided major arterial built to standard in a 150’ right-of-way. State Highway 121 is designated as a freeway within the Thoroughfare Plan. It is currently being built as a 140’ six-lane divided freeway facility within a 450’ right-of-way. Item # 12 Page 2 of 3 SURROUNDING LAND USE & ZONING: North - residential; PD-134R-SF7 (Planned Development-134 Revised- Single Family-7) South - vacant and residential; PD-133–HC and SF (Planned Development 133–Highway Commercial and Single Family) East - vacant; HC (Highway Commercial) West - vacant; HC (Highway Commercial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for regional retail uses. DISCUSSION: The applicant is requesting to plat an 8.38 acre, seven-lot office park, located approximately 875’ west of Denton Tap on the north side of State Highway 121. Concurrent with the proposed Preliminary Plat, the applicant is final platting and site planning Lot 2, Block 1 (approximately 1.2 acres). The reason for preliminary platting the entire 8.38 acres at this time is to establish TxDOT approval of the proposed ingress/egress points along State Highway 121 and to establish the number of lots, general property lines and easement locations. The proposed use for the entire property is unknown at this time but is being marketed for office, medical and retail which reflects the existing zoning and uses recommended by the Comprehensive Plan. The use of the lot being final platted will be office. The entire northern boundary of the property is to be screened with a 6’-solid masonry fence. This meets the Zoning Ordinance requirement and will need to be built along the northern property line. In addition, a 10’ landscaped area immediately south of the fence will also be provided. The ingress/egress points are shown on the eastern portion of Lot 6 and the eastern portion of Lot 2. Another is shown as proposed along the property line of Lot 1 and the adjacent eastern property. In accordance with the requirements set forth in the Roadway Design Manual, TxDOT has since denied this access point, and it will be removed from the plat. There is a common access and fire lane easement shown, providing each lot access to and from S.H. 121. There are no trees currently on this site; thus a tree mitigation plan was not required. A landscape plan was submitted with the Site Plan package that meets the Zoning Ordinance regulations. The applicant is still working with the City’s Engineering and Fire Departments regarding fire line looping and the need for utility easements. Item # 12 Page 3 of 3 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the request subject to the following conditions: 1. Contact Jeff Curry at 972-570-4126 to discuss electric easement requirements. 2. All work taking place within TxDOT right-of-way must be approved and permitted by TxDOT. 3. All work must be coordinated with the construction of the main lanes of S.H. 121. 4. Drainage issues will continue to be evaluated during engineering review. 5. Additional easements and/or utilities may be deemed necessary during engineering review. 6. Remove proposed easternmost access point from plat. 7. Construct a 6’-solid masonry fence along the northern property line. ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Preliminary Plat DEPT: Planning DATE: January 13, 2004 ITEM #: 16 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the Coppell/121 Office Park, Lot 2, Site Plan, to allow the development of an approximate 8,288 square-foot one-story office building on 1.1 acres of property located along the north side of S.H. 121, approximately 1,134 feet west of Denton Tap Road. GOAL(S): D EXECUTIVE SUMMARY: Date of P&Z Meeting: December 18, 2003 Decision of P&Z Commission: Approval (7-0) with Commissions McCaffrey, Milosevich, Kittrell, Halsey, Borchgardt, Foreman and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) All work taking place within TxDOT Right-of-way must be approved and permitted by TxDOT. (SEE CONDITION NO. 6) 2) All work must be coordinated with the construction of the main lanes of S.H. 121. 3) Drainage issues will continue to be evaluated during engineering review. (SEE CONDITION NO. 4) 4) During engineering review, additional easements and/or utilities may be deemed necessary, and drainage issues will continue to be evaluated. 5) Fire protection needs will continue to be evaluated during engineering review. (CONDITION MET) 6) The deceleration lane on S.H. 121 must be constructed with this phase. All work, including this lane, must be permitted by TxDOT and constructed according to their standards. 7) The proposed waterline from Denton Tap Road will have to cross an open drainage channel. Provide a profile of this area with the engineering plans. (SEE FOLLOWING PAGE FOR MORE CONDITIONS) IR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @ 9Cop.121OPL2 SP 1-AR AGENDA REQUEST NARRATIVE Agenda Narrative Form - Revised 1/99 COPPELL/121 OFFICE PARK, LOT 2, SITE PLAN CONTINUED CONDITIONS: 8) No trees or screening walls can be located over the sanitary sewer line. (CONDITION MET) 9) Fire Lane shall have a 30’ inside turning radius and a 54’ outside turning radius. Revise the 20’ inside turning radius shown on the Site Plan. (CONDITION MET) 10) Delete the easternmost access point as this was not approved by TxDOT. (CONDITION MET) 11) On site data table of Overall Development Plan, revise the landscape area “required (10% of nonexempt area)” to reflect City of Coppell standards. (CONDITION MET) 12) Add to General Notes of Overall Development Plan - This is a conceptual plan intended to show general lot layouts. Detail Site Plan review will be required for each lot. (CONDITION MET) 13) Show lot lines on Topographic Boundary and Tree Survey. (CONDITION MET) 14) Ensure the Landscape Plan reflects the proposed $7,070 in landscaping with the fourteen (14) 30-gallon Austrian Pines in the 10’ landscape area on the northern property line. 15) Move the proposed monument sign to meet the minimum setback requirement of 15’. Coordinate with the Engineering Department for a location that does not conflict with utilities. (CONDITION MET) 16) Show signage criteria for the proposed attached signs in accordance with the Zoning Ordinance. (CONDITION MET) 17) According to Section 12-33-1.8 of the Zoning Ordinance, show columns taller than the remainder of the 6’ solid masonry screening wall every 20 feet. Offsets in the wall are also encouraged. Staff recommends approval. Item # 13 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Coppell/121 Office Park, Lot 2, Site Plan P & Z HEARING DATE: December 18, 2003 C.C. HEARING DATE: January 13, 2004 STAFF REP.: Matt Steer, City Planner LOCATION: Along the north side of S.H. 121, approximately 1,134’ west of Denton Tap Road. SIZE OF AREA: 1.1 acres of property. CURRENT ZONING: HC (Highway Commercial) REQUEST: Site Plan to allow the development of an approximate 8,288 square-foot one-story office building. APPLICANT: Tom Wouters RCP, Coppell No. 1, Ltd. 32 Village Lane, Suite 200 Colleyville, Texas 76034 Phone # (817) 488-4200 Fax # (817) 424-2448 HISTORY: No development history on the subject tract. TRANSPORTATION:Denton Tap Road is a P6D divided major arterial built to standard in a 150’ right-of-way. State Highway 121 is designated as a freeway within the Thoroughfare Plan. It is currently being built as a 140’ six-lane divided freeway facility within a 450’ right-of-way. Item # 13 Page 2 of 4 SURROUNDING LAND USE & ZONING: North - residential; PD-134R-SF7 (Planned Development-134 Revised- Single Family-7) South - vacant and residential; PD-133–HC and SF (Planned Development 133–Highway Commercial and Single Family) East - vacant; HC (Highway Commercial) West - vacant; HC (Highway Commercial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for regional retail uses. DISCUSSION: The submitted Site Plan shows the layout of an 8,288 square-foot office on 1.16 (+/-) acres of property. This lot is located approximately 1,134’ west of Denton Tap Road, and is part of a larger seven-lot commercial/retail subdivision, currently being preliminary platted. TxDOT has approved an ingress/egress point with a future deceleration lane along State Highway 121 on the east side of this property. There is a fire lane and a common access easement shown extending north/south on the east side of the structure and east/west on both the north and south sides of the building. These are to be extended with future development. The fire lane meets the City of Coppell’s minimum width (24’) and minimum distance from the building (150’) requirements. The northern boundary of the property is to be screened with a 6’-solid masonry fence behind which will be a 10’-wide landscape area. The applicant has agreed to contribute an additional $7,070 (the difference between providing a 6’- and an 8’-solid masonry wall) towards the landscape screening in this area. This sets the precedence for the same contribution towards landscaping to be required upon development of the other lots of this larger development. The masonry wall meets the Zoning Ordinance requirement and the will need to be built abutting the northern property line. The parking ratio of 1 space per 300 square feet of building area is applicable to this office use. The applicant has provided 34 spaces, exceeding the minimum parking requirement of 28. Parking is shown on the north, south and east sides with a 5’ sidewalk encircling the building. There are two fire hydrants and a fire department connection (FDC) shown on the Site Plan. The fire system will be further evaluated during the engineering review. The building has two doors on each elevation with the entry feature facing south toward SH 121. The materials to be used consist of a brownish red brick veneer on each elevation with stone on the bottom 2’-3’ of the front and side elevations. The wood columns on the front (south elevation) are to be Item # 13 Page 3 of 4 painted an off-white color. Each elevation is shown with stone quoins except the side elevations adjacent to the rear. These will also be an off-white color. Dark navy blue awnings are proposed above each window. There are carriage lights at each door and “up-lights on extension arms” along the bottom of each elevation (The rear, or north elevation, only has one on each corner to reduce light associated with commercial uses). A monument sign elevation is shown with the signage criteria listed below. The location is depicted on the Site Plan as 10’ from the southern property line and 105’ from the eastern property line. This will need to be changed to 15’ from the southern property line, per the monument sign setback requirement of the Zoning Ordinance. The 6’-solid masonry wall is shown on the Elevations. This will need to have columns every 20’. All trees in the Landscape Plan are compatible with the plant palette within the Zoning Ordinance. There are five 3” caliper Shumard Oaks planned along the northern boundary that meet the screening requirement (adjacent to residential) of one tree per 40 linear feet. The east, west and south boundaries have the normal perimeter tree requirement of one per 50-linear feet. The eastern landscaping consists of five 3” caliper Cedar Elms and three 3” caliper Live Oaks. There are four 3” caliper Shumard Oaks along the southern boundary. The western boundary has five 3” caliper Cedar Elms and two 3” caliper Live Oaks. There are four additional Live Oaks interior to the site adjacent to the building. There are additional plants all contained within the Landscaping Plan and outlined within the Plant list. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL, subject to the following conditions: 1. All work taking place within TxDOT Right-of-way must be approved and permitted by TxDOT. 2. All work must be coordinated with the construction of the main lanes of S.H. 121. 3. Drainage issues will continue to be evaluated during engineering review. 4. Additional easements and/or utilities may be deemed necessary during engineering review. 5. Fire protection needs will continue to be evaluated during engineering review. 6. The deceleration lane on S.H. 121 must be constructed with this phase. The lane must be permitted by and constructed according to TxDOT standards. It appears that two inlets will have to be relocated. 7. The proposed waterline from Denton Tap Road will have to cross an open drainage channel. Provide a profile of this area. 8. No trees or screening walls can be located over the sanitary sewer line. 9. Fire Lane shall have a 30’ inside turning radius and a 54’ outside turning radius. Revise the 20’ inside turning radius shown on the Site Plan. Item # 13 Page 4 of 4 10. Delete the easternmost access point as this was not approved by TxDOT. 11. On site data table of Overall Development Plan, revise the landscape area “required (10% of nonexempt area)” to reflect City of Coppell standards. 12. Add to General Notes of Overall Development Plan - This is a conceptual plan intended to show general lot layouts. Detail Site Plan review will be required for each lot. 13. Show lot lines on Topographic Boundary and Tree Survey. 14. Revise the Landscape Plan to reflect the proposed $7,070 in landscaping for the 10’ landscape area between the residential uses to the north and this use. 15. Move the proposed monument sign to meet the minimum setback requirement of 15’. Coordinate with the Engineering Department for a location that does not conflict with utilities. 16. Show signage criteria for the proposed attached signs in accordance with the Zoning Ordinance. 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) Overall Conceptual Plan 3) Landscape Plan 4) Topographic Boundary and Tree Survey 5) Elevations DEPT: Planning DATE: January 13, 2004 ITEM #: 17 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the Coppell/121 Office Park, Lot 2, Final Plat, to allow the development of an approximate 8,288 square-foot one-story office building on 1.1 acres of property located along the north side of S.H. 121, approximately 1,134 feet west of Denton Tap Road. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: December 18, 2003 Decision of P&Z Commission: Approval (7-0) with Commissions McCaffrey, Milosevich, Kittrell, Halsey, Borchgardt, Foreman and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Contact Jeff Curry at 972-570-4126 to discuss electric easement requirements. 2) Additional utility easements and utility requirements may be identified during engineering review. 3) Provide separate instruments for all off-site easements prior to plat recordation. Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @10Cop.121OPL2 FP 1-AR Item # 14 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Coppell/121 Office Park, Lot 2, Final Plat P & Z HEARING DATE: December 18, 2003 C.C. HEARING DATE: January 13, 2004 STAFF REP.: Matt Steer, City Planner LOCATION: Along the north side of S.H. 121, approximately 1,134’ west of Denton Tap Road. SIZE OF AREA: 1.1 acres of property. CURRENT ZONING: HC (Highway Commercial) REQUEST: Final Plat to allow the development of an approximate 8,288 square-foot one-story office building. APPLICANT: Tom Wouters RCP, Coppell No. 1, Ltd. 32 Village Lane, Suite 200 Colleyville, Texas 76034 Phone # (817) 488-4200 Fax # (817) 424-2448 HISTORY: No development history on the subject tract. TRANSPORTATION:Denton Tap Road is a P6D divided major arterial built to standard in a 150’ right-of-way. State Highway 121 is designated as a freeway within the Thoroughfare Plan. It is currently being built as a 140’ six-lane divided freeway facility within a 450’ right-of-way. Item # 14 Page 2 of 3 SURROUNDING LAND USE & ZONING: North - residential; PD-134R-SF7 (Planned Development-134 Revised- Single Family-7) South - vacant and residential; PD-133–HC and SF (Planned Development 133–Highway Commercial and Single Family) East - vacant; HC (Highway Commercial) West - vacant; HC (Highway Commercial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for regional retail uses. DISCUSSION: The Site Plan submitted with the plat shows the layout of an 8,288 square- foot office on 1.16 (+/-) acres of property. The lot is located approximately 1,134’ west of Denton Tap Road and is part of a larger seven-lot commercial/retail subdivision, currently being preliminary platted. TxDOT has approved an ingress/egress point with a future deceleration lane along State Highway 121 on the east side of this lot. A fire lane and a common access easement shown extending north/south on the east side of the property and east/west on both the north and south sides of the lot is proposed to be dedicated by this plat. The easements are to be extended with future development as generally depicted on the preliminary plat. The fire lane meets the City of Coppell’s minimum width (24’) and maximum distance (150’) requirements from the proposed building as depicted on the site plan. There is an existing 20’ TUEC & Conservation Easement located on the southern boundary of the property. This will remain in place with a 20’ Utility Easement abutting to the north to be dedicated by this plat. This will cover a proposed 8” waterline which will serve this property for domestic and fire service from the existing 12” waterline on Denton Tap Road. The extensions of this public fire line to the north will be determined with the engineering review. The necessity for the utility easement extensions to the north will then be determined. There is a 20’ drainage easement extending from the northern property line south, then east to the eastern property line, and then again to the south. This will cover a proposed 42” storm drain. The applicant will coordinate with TxDOT for drainage approval. There is an existing 20’ Sanitary Sewer Easement on the northern boundary shown extending east/west halfway through the property on the northern boundary. This covers an existing 8” sanitary sewer. It is proposed to be extended southwest and then west. Item # 14 Page 3 of 3 The proposed 20’ utility easement shown within the 24’ common access and fire lane easement will accommodate this proposed extension. The plat complies with the City of Coppell Subdivision Ordinance. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL subject to the following conditions: 1. Contact Jeff Curry at 972-570-4126 to discuss electric easement requirements. 2. Additional utility easements and utility requirements may be identified during engineering review. 3. Provide separate instruments for all off site easements prior to plat recordation. ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Final Plat DEPT: Planning DATE: January 13, 2004 ITEM #: 18 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-197R, Old Coppell Townhomes, zoning change from PD- 197-HO-TH-1/C (Historic Overlay-Townhouse–1/Commercial) to PD-197R-HO-TH-1/C (Planned Development- 197 Revised-Historic Overlay-Townhouse-1/Commercial) to attach a Detail Site Plan to allow the development of 19 townhouses and a recreation area on approximately 2.9 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 November 20, 2003, the Planning & Zoning Commission unanimously recommended approval of this zoning change (6-0). On December 9, 2003, Council approved this zoning change (4-1). Councilwoman Peters opposed. Councilman Faught was excused because of conflict of interest. Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @1PD-197R ORD 1-AR 1 61605 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-197-HO-TH-1/C” (PLANNED DEVELOPMENT-197-HISTORIC OVERLAY–TOWNHOUSE- 1 COMMERCIAL) TO “PD-197-HO-TH-1/CR” (PLANNED DEVELOPMENT-197-HISTORIC OVERLAY – TOWNHOUSE-1 COMMERCIAL REVISED) TO ATTACH A DETAIL SITE PLAN TO ALLOW FOR THE DEVELOPMENT OF NINETEEN (19) RESIDENCES AND A RECREATION AREA ON 2.9 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 DETAIL SITE PLAN, LANDSCAPE PLAN, AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B, C, AND D, 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-197R 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 “PD-197-HO-TH-1/C” (Planned Development-197-Historic Overlay-Townhouse-1 Commercial) to “PD-197-HO-TH-1/CR” (Planned Development –197-Historic Overlay-Townhouse-1 Commercial Revised) to attach a 2 61605 Detail Site Plan to allow for the development of nineteen (19) residences and a recreation area on 2.9 acres of property located along the east side of Coppell 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 accept as amended herein, the property shall be developed in accordance with Ordinance 91500-A-353 which is incorporated herein as set forth in full and hereby republished. B. That the property shall be developed in accordance with the Detail Site Plan, Landscape Plan and Elevations. C. Paint colors apply as indicated on the submitted color board. D. The board-on-board screening fence, as shown on the color board shall be extended along the entire length of the east property line. SECTION 3.That Site Plan, Landscape Plan and Elevations, 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 61605 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 ___________________, 2004. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 12/30/03) DEPT: City Manager DATE: January 13, 2004 ITEM #: 19 AGENDA REQUEST FORM ITEM CAPTION: Consider approval to reconsider Ordinance No. 2003-1063 amending the Code of Ordinances by amending Chapter 9, Article 902, Fence Regulations, by amending Section 9-2-7, Materials, to allow vinyl fencing and prohibit chain-link fence, in residentially-zoned districts; 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: !Fence M E M O R A N D U M January 6, 2004 To: Jim Witt, City Manager From: Greg Jones, Chief Building Official Subject: Vinyl fencing I have researched the question you asked on the long-term performance of vinyl fencing and my research indicates the following: Most manufacturers of the product give glowing reports regarding the maintenance-free aspects of this product. However, for my research, it became more informative to review the manufacturers positions and disclaimers regarding the limitations of the product to get more of a balanced view. The American Fence Association published consumer information regarding vinyl fencing that describes the product as maintenance-free with extended guarantees available of up to 20 years to lifetime, however, in researching warranties, there are specific limitations, though. Certanteed, a major manufacturer of vinyl fencing, does not warantee their product against discoloration, black-spot mildew or normal weathering by the elements. More to the point, normal weathering is defined by the manufacturer as exposure to sunlight (which) “..will cause the colored surface to fade, chalk or accumulate dirt or stains.” I additionally found it interesting that Certanteed specifically makes statements regarding the fire safety aspect of vinyl materials. They state the product is made from organic materials that will melt or burn when exposed to a significant source of flame or heat. Owners are advised to take precautions to keep sources of fire away from vinyl fences. It would seem that the same could be said of a wood fence, but I was unable to find out specific fire information regarding fire classifications or flame spread/smoke developed ratings for vinyl fencing as we might see specified for wood, for example. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 2003-1063 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 9, ARTICLE 9-2 FENCE REGULATIONS AMENDING THERETO SECTION 9-2.7 MATERIALS TO ALLOW FOR VINYL FENCING AND TO PROHIBIT CHAIN-LINK FENCING IN RESIDENTIALLY ZONED DISTRICTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinances of the City of Coppell, Texas be amended by amending Chapter 9, Article 9-2, Section 9-2.7 Materials, to read as follows: “Article 9-2. FENCE REGULATIONS . . . . . Sec. 9-2.7 Materials. . . . . . B. Permitted materials. Materials permitted for fences shall be of wood, vinyl, masonry wrought-iron or painted steel. Colors for vinyl fences shall be limited to earth-tones only. Painted metal fences shall be limited to black, off-white, or earth-tone colors only. C. Prohibited materials. Materials prohibited in fences are barbed wire, razor ribbon, sheet metal, chain-link, or any other similar material. Exception: Barbed wire and/or chain–link is permitted for fencing agriculture- or industrial-zoned property.” SECTION 2. If any section, subsection, paragraph, sentence phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining 1 60009 portions of this ordinance, and the City Council of the City of Coppell, Texas hereby declares it would have enacted such remaining portions despite such invalidity. Section 3. That the repeal of any ordinance or portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. Section 4. That any person, firm or corporation violating any of the provisions of this ordinance or 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 Five Hundred Dollars ($500.00) for each offense, except where a different penalty has been established by State Law for such offense, the penalty shall be that fixed by State Law, and for any offense which is a violation of any provision of law that governs fire safety, zoning or public health and sanitation, including dumping of refuse, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. Section 5. That this ordinance shall become effective immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. 2 60009 3 60009 DULY PASSED by the City Council of Coppell, Texas, this 28th day of October, 2003. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ______________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ________________________________ ROBERT HAGER, CITY ATTORNEY (REH/cdb [revised] 10/23/03) DATE: January 13, 2004 ITEM #: 20 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: January 13, 2004 ITEM #: 21 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Repor t by Mayor Stover regarding the Metroplex Mayors' Meeting. B. Repor t by Councilmember Faught regarding "Make a Child Smile." C. Repor t by Councilmember Tunnell regarding National League of Cities. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: January 13, 2004 ITEM #: 22 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: January 13, 2004 ITEM #: 23 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec