Loading...
CP 2004-02-10 NOTICE OF CITY COUNCIL MEETING AND AGENDA FEBRUARY 10, 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) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:00 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, February 10, 2004, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reser ves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION REGULAR SESSION (Open to the Public) 1. Call to order. ag021004 Page 1 of 6 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072, Texas Government Code - Deliberation regarding Real Proper ty. 1. Discussion regarding the sale of city proper ty west of Coppell Road and south of Bethel Road. 2. Discussion regarding the sale of city proper ty east of Freepor t Parkway and south of Bethel Road. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Citizen Summit Process and Topics for Discussion. B. Discussion regarding Council Retreat Agenda and Facilitator. C. Speed limit laws in the state of Texas as they affect residential streets. D. Four th of July Celebration Update. E. Discussion regarding Special Legislative Session. F. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. 5. Pledge of Allegiance. 6. Citizen's Appearances. CONSENT AGENDA 7. Consider approval of the following consent agenda items: A. Consider approval of minutes: January 27, 2004. B. Consider approval of extending Bid/Contract #Q-0402-01 for the FY 2003/04 Concrete Pavement Repair Program to Pavement Services Corporation in an amount not to exceed $250,000, as budgeted in the Infrastructure Maintenance Fund. ag021004 Page 2 of 6 ITEM # ITEM DESCRIPTION Land Use and Development C. Consider approval of an Ordinance for 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 Per mit-1210), to allow the operation of an approximate 1,500 square-foot restaurant to be located at 809 S. MacAr thur, and authorizing the Mayor to sign. D. Consider approval of an Ordinance for Case No. S-1212-LI, Pump it Up, zoning change from LI (Light Industrial) to S-1212-LI (Special Use Per mit-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, and authorizing the Mayor to sign. END OF CONSENT 8. Consider approval of a Resolution to award a bid for the lease/purchase of four (4) Mobile Intensive Care Units (MICU) and one battalion chief vehicle to Mar tin Apparatus, Inc. and Koch Financial Corporation in an amount of three hundred thir ty-four thousand and five hundred thir ty-two dollars and no cents ($334,532.00) and authorize the City Manager to execute the appropriate documents. 9. Consider approval of the Old Coppell Townhomes, Final Plat, to allow the development of 21 residences, a recreation area and 2 commercial uses on 3.81 acres of proper ty located along the east side of Coppell Road, nor th of Bethel Road. 10. Consider approval of the Brighton Manor, Final Plat, to allow a 26-lot single-family subdivision, and eight common area lots, on 10.16 acres of proper ty zoned SF-9, located at the southeast corner of Samuel and MacAr thur Boulevards. 11. PUBLIC HEARING: Consider approval of Case No. PD-199-HC, Vista Point II, MacAr thur Ridge, zoning change from HC (Highway Commercial) to PD-199-HC (Planned Development-199-Highway Commercial) with a Concept Plan to allow the development six office/assembly/warehouse buildings, totaling approximately 200,000 square feet, and five retail/restaurant pad sites on approximately 26 acres of proper ty located at the southwest corner of S.H. 121 and MacAr thur Blvd. ag021004 Page 3 of 6 ITEM # ITEM DESCRIPTION 12. PUBLIC HEARING: Consider approval of Case No. S-1211, Ser vice Star, zoning change from PD-199-HC (Planned Development-199-Highway Commercial) to PD-199- HC-S-1211 (Planned Development-199-Highway Commercial-Special Use Permit-1211), to allow the development of Auto Repair Garage, Car Wash, Convenience Store and Gasoline Service Station on approximately 2 acres of proper ty located at the southwest corner of S.H. 121 and MacAr thur Blvd. 13. PUBLIC HEARING: Consider approval of the Shadydale Acres, Lot 1-B-1 and 1-B-2, being a replat of the south half of Tract 1, Block A, to allow the construction of two single-family homes on 28,470-square feet of proper ty located at the nor thwest corner of Sandy Lake Road and Oak Trail. 14. Consider approval of an Ordinance to amend the Land Use Plan of the 1996 Comprehensive Master Plan from Neighborhood Retail to Residential Low Density on approximately 16.5 acres of proper ty located nor th of Bethel Road; west of Denton Tap Road, and a zoning change for Case No. ZC-612(CH), from C (Commercial) to SF-12 (Single Family-12) on approximately 2.1 acres of proper ty located nor th of Bethel, west of Denton Tap Roads, and authorizing the Mayor to sign. 15. Consider approval of an Ordinance for 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, and authorizing the Mayor to sign. 16. Necessary action resulting from Work Session. 17. City Manager's Repor t. A. Streamline Sales Tax and Public School Finance Update. 18. Mayor and Council Repor ts. A. Repor t by Mayor Stover regarding Father/Daughter and Mother/Son Dance. B. Repor t by Mayor Pro Tem Peters regarding Joint Mayors' Meeting with Tarrant County Mayors. C. Repor t by Mayor Pro Tem Peters regarding Historical Marker at Grapevine Springs Park. ag021004 Page 4 of 6 ITEM # ITEM DESCRIPTION 19. 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. 20. 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 _________________, 2004, at __________________. ____________________________________ Libby Ball, City Secretar y ag021004 Page 5 of 6 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. ag021004 Page 6 of 6 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: February 10, 2004 ITEM #: ES-2 AGENDA REQUEST FORM EXECUTIVE SESSION A. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding sale of city property west of Coppell Road and south of Bethel Road. 2. Discussion regarding the sale of city property east of Freeport Parkway and south of Bethel Road. CM REVIEW: Agenda Request Form - Revised 10/02 Document Name: %executivesession DATE: February 10, 2004 ITEM #: WS-3 AGENDA REQUEST FORM WORK SESSION A. Discussion regarding Citizen Summit Process and Topics for Discussion. B. Discussion regarding Council Retreat Agenda and Facilitator. C. Speed limit laws in the state of Texas as they affect residential streets. D. Fourth of July Celebration Update. E. Discussion regarding Special Legislative Session. F. Discussion of Agenda Items. CM REVIEW: Agenda Request Form - Revised 10/02 Document Name: %worksession DATE: February 10, 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: February 10, 2004 ITEM #: 7/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of minutes: January 27, 2004. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %minutes MINUTES OF JANUARY 27, 2004 The City Council of the City of Coppell met in Regular Called Session on Tuesday, January 27, 2004, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Jayne Peters, Mayor Pro Tem Tim Brancheau, Councilmember Diana Raines, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Thom Suhy, Councilmember Bill York, Councilmember Also present were City Manager Jim Witt, Deputy City Secretary Kathy Wilkerson and City Attorney Robert Hager. REGULAR SESSION (Open to the Public) 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding the sale of city property west of Coppell Road and south of Bethel Road. 2. Discussion regarding the sale of city property east of Freeport Parkway and south of Bethel Road. Mayor Stover convened into Executive Session at 5:44 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 6:08 p.m. and opened the Work Session. CM012704 Page 1 of 8 WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding NFPA 1710/ISO Rating. B. Discussion regarding Legislative Voting Procedures. C. Discussion regarding Coppell Baseball Association. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. Pastor Rod Collver, Living Hope Church led those present in the Invocation. 5. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 6. Citizen's Appearances. A Rene Lawson, 336 Plantation Drive, spoke in favor of Item 9, Yard Trimmings Recycling. CONSENT AGENDA 7. Consider approval of the following consent agenda items: A. Consider approval of minutes: January 13, 2004. B. Consider approval of a Resolution of the city of Coppell, Texas, agreeing to take a leadership role in assisting North Texas to attain federal clean air standards for ozone by reducing emissions from its diesel-fueled vehicles and equipment and by incorporating further energy efficiency measures in its buildings and facilities, and authorizing the Mayor to sign. CM012704 Page 2 of 8 C. Consider an appointment to fill the unexpired Regular term on the Keep Coppell Beautiful Committee, term to expire October, 2004. D. Consider approval of the Board of Adjustment Amended By-Laws, as approved by the Board of Adjustment on November 6, 2004. E. Consider approval of the Building and Standards Commission By- Laws, as approved by the Building and Standards Commission on December 4, 2003. F. Consider approval of Coppell Economic Development Committee Amended By-Laws as approved by the Coppell Economic Development Committee on January 7, 2004. G. Consider approval of the Annual Standards of Care for Day Camp Programs and authorizing the Mayor to sign. H. Consider approval of extending Bid/Contract #Q-0101-03 for the FY 2003/04 Sidewalk Replacement Program to Quantum Contracting, Inc. in an amount not to exceed $100,000, as budgeted in the Infrastructure Maintenance Fund. I. Consider approval of a contract for architectural services from Phillips Swager Associates, Dallas, TX for the recarpet/remodel project for the William T. Cozby Public library in the amount of $74,000.00, as budgeted, and authorizing the City Manager to sign. J. Consider approval of a Service Agreement with DataProse Inc. to perform the monthly water bill printing, folding, inserting, presorting and postage, at a total cost of approximately $0.465 per printed bill and authorizing the City Manager to sign. K. Consider approval of a resolution amending the existing contract for collection of delinquent taxes between the City of Coppell and Nichols, Jackson, Dillard, Hager & Smith, LLP and Linebarger, Goggan, Blair & Sampson, LLP, and authorizing the Mayor to sign the resolution and the City Manager to sign the contract. Item K was pulled for separate consideration. CM012704 Page 3 of 8 Presentation: Jim Witt, City Manager, answered questions from Council. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B carrying Resolution No. 2004-0127.1, C appointing Sharon Lander to the unexpired term on the Keep Coppell Beautiful Committee, D, E, F, G, H, I and J. Councilmember Suhy seconded the motion, the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 7K. Consider approval of a resolution amending the existing contract for collection of delinquent taxes between the City of Coppell and Nichols, Jackson, Dillard, Hager & Smith, LLP and Linebarger, Goggan, Blair & Sampson, LLP, and authorizing the Mayor to sign the resolution and the City Manager to sign the contract. Presentation: Jim Witt, City Manager, answered questions from Council on Consent Agenda Item K. Action: Mayor Pro Tem Peters moved to approve Consent Agenda Item 7K. Councilmember Faught seconded the motion, the motion carried 6-1 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, and York voting in favor of the motion and Councilmember Suhy voting against the motion. 8. Consider approval of the Comprehensive Annual Financial Report for the fiscal year ended September 30, 2003. Presentation: Debbie Rollins, KPMG, made a presentation to Council and complimented the City of Coppell Accounting Department staff on the great audit. CM012704 Page 4 of 8 Action: Councilmember Tunnell moved to approve the Comprehensive Annual Financial Report for the fiscal year ended September 30, 2003. Councilmember Brancheau seconded the motion, the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 9. Consider approval of an Ordinance to amend Article 3-5 of Chapter 3 of the Code of Ordinances by amending code section 3-5-2; Adding thereto a new section 3-5-13 “Yard Trimmings Recycling” providing regulations concerning an additional recycling service and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, answered questions from Council. Brad Reid, Parks and Recreation Director, made a presentation to Council. Amanda Vanhoozier, Community Project Coordinator, answered questions from Council. John Klaiber, Waste Management, answered questions from Council. Action: Councilmember Brancheau moved to approve Ordinance No. 2004-1069 amending Article 3-5 of Chapter 3 of the Code of Ordinances by amending code section 3-5-2; adding thereto a new section 3-5-13 "Yard Trimmings Recycling" providing regulations concerning an additional recycling service and authorizing the Mayor to sign. Councilmember Suhy seconded the motion, the motion carried 5-2 with Mayor Pro Tem Peters and Councilmembers Brancheau, Faught, Suhy and York voting in favor of the motion and Councilmembers Raines and Tunnell voting against the motion. 10. PUBLIC HEARING: Consider approval of an Ordinance to amend Chapter 9 of the City of Coppell Code of Ordinances by adding Article 9-22, Sections 9-22-1 CM012704 Page 5 of 8 through 9-22-5 to establish a Municipal Drainage Utility System; and authorizing the Mayor to sign. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to Council. Action: Councilmember Suhy moved to close the Public Hearing and approve Ordinance No. 2004-1070 amending Chapter 9 of the City of Coppell Code of Ordinances by adding Article 9-22, Sections 9-22-1 through 9-22-5 to establish a Municipal Drainage Utility System; and authorizing the Mayor to sign. Councilmember York seconded the motion, the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 11. Necessary action resulting from Work Session. There was no action necessary under this item. 12. Mayor and Council Reports. A. Report by Councilmember Suhy regarding Coppell Youth Leadership. A. Councilmember Suhy reported on the outstanding session on Cultural Diversity Day that he attended with the Coppell Youth Leadership and announced that March 24th will be Government Day and invited all elected officials to attend that day. 13. 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. CM012704 Page 6 of 8 F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Social Service Center - Councilmember Brancheau. H. North Texas Council of Governments - Councilmember Tunnell. I. North Texas Commission - Councilmember Tunnell. J. Senior Adult Services - Councilmember Suhy. K. Town Center/Architectural Committee - Councilmember Faught. L. Trinity River Common Vision Commission - Councilmember Faught. M. Trinity Trail Advisory Commission - Councilmember Raines. A. There was nothing to report on this item. B. There was nothing to report on this item. C. Councilmember Suhy reported on Item C and J at this time. Councilmember Suhy announced that the Coppell Youth Leadership project this year will be “Seniors Helping Seniors”. D. There was nothing to report on this item. E. There was nothing to report on this item. F. Councilmember Tunnell reported on the recent Metrocrest Hospital Authority meeting she attended where the discussion was centered on the crises that emergency rooms are facing due to uninsured and underinsured patients. G. There was nothing to report on this item. H. There was nothing to report on this item. I. Councilmember Tunnell reported that the North Texas Commission will be having a luncheon on Friday, January 30, 2004 and invited all elected officials to attend. J. Councilmember Suhy reported on this under Item C. 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. 14. Necessary Action Resulting from Executive Session. Action: Councilmember Brancheau moved to reject the bids from Greg McGahey, Trammell Crow and Hay & Jones and to postpone consideration of the bid from Historic Coppell Properties until the February 10, 2004 City Council meeting. Councilmember York seconded the motion, the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. CM012704 Page 7 of 8 DEPT: Engineering DATE: February 10, 2004 ITEM #: 7/B AGENDA REQUEST FORM ITEM CAPTION: Consider approval of extending Bid/Contract #Q-0402-01 for the FY 2003/04 Concrete Pavement Repair Program to Pavement Services Corporation in an amount not to exceed $250,000, as budgeted in the Infrastructure Maintenance Fund. GOAL(S): EXECUTIVE SUMMARY: Pavement Services Corporation was the low bidder for the FY 2001/02 Concrete Repair Program. The contract with Pavement Services Corporation included provisions for the City to extend the contract for a one-year period with a maximum number of three extensions. We extended the bid in 2003, and we are again asking that it be extended for 2004. Pavement Services has been very responsive and performed an excellent job for the City of Coppell. Therefore, staff recommends the extension of Bid #Q-0402-01 in an amount not to exceed $250,000 for the FY 2003/04 Concrete Repair Program. Staff will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Funds for this contract are available in the Infrastructure Maintenance Fund. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: #Streetrepaircontract-1AG DEPT: Planning DATE: February 10, 2004 ITEM #: 7/C AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for 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, 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 December 18, 2003, the Planning Commission recommended approval of this zoning change (7-0). On January 13, 2004, Council unanimously approved this zoning change (7-0). Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @S-1210 ORD 1-AR (Consent) 1 62289 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-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 BOULEVARD MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN, AND SIGN PLAN, ATTACHED HERETO AS EXHIBITS “B”, “C”, AND "D", RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. S-1210 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-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 and being more particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to special conditions. 2 62289 SECTION 2.That the Special Use Permit for a restaurant is hereby approved subject to the following special conditions: (A) Hours of operation shall be permitted between 10:00 a.m. to 10:00 p.m., Sunday through Saturday. (B) The site shall be developed in accordance with the approved site plan, floor plan, and sign plan, which are attached hereto as conditions to the use granted herein. SECTION 3.That the Site Plan, Floor Plan, and Sign Plan, attached hereto as Exhibits “B”, “C”, and "D", respectively, and made a part hereof for all purposes, are hereby approved. SECTION 4.That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5.That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 3 62289 SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2004. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 1/28/04) [Reviewed Only] CM012704 Page 8 of 8 WORK SESSION (RECONVENED) (Open to the Public) Reconvene Work Session A. Discussion regarding NFPA 1710/ISO Rating. B. Discussion regarding Legislative Voting Procedures. C. Discussion regarding Coppell Baseball Association. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) There being no further business to come before the City Council, the meeting was adjourned. ___________________________ Douglas N. Stover, Mayor ATTEST: ______________________________________ Kathy Wilkerson, Deputy City Secretary EXHIBIT “A” Legal Description for SUP 1210 – Subway Restaurant 809 South MacArthur Boulevard Being located in Tract A-R of the Valley Ranch Plaza Addition, an addition in the City of Coppell, Dallas County, Texas, according to the plat thereof recorded in Volume 97135, Page 2395, of the Map Records of Dallas County Texas. DEPT: Planning DATE: February 10, 2004 ITEM #: 7/D AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for 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, 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 December 18, 2003, the Planning Commission recommended approval of this zoning change (7-0). On January 13, 2004, Council unanimously approved this zoning change (7-0). Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @S-1212 ORD 1-AR (Consent) 1 62288 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM “LI” (LIGHT INDUSTRIAL) TO “LI-S-1212” (LIGHT INDUSTRIAL-SPECIAL USE PERMIT - 1212) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF AN INDOOR RECREATION/ENTERTAINMENT FACILITY TO BE LOCATED AT 1405 S. BELTLINE ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN/ SIGN PLAN, 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-1212 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 “LI-S-1212” (Light Industrial-Special Use Permit - 1212) to grant a special use permit to allow for the operation of an indoor recreation/entertainment facility to be located at 1405 S. Beltline Road, and being more particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to special conditions. 2 62288 SECTION 2.That the Special Use Permit for an indoor recreation/entertainment facility is hereby approved subject to the following special conditions: (A) Hours of operation shall be permitted between 9:30 a.m. to 10:30 p.m., Sunday through Saturday. (B) The site shall be developed in accordance with the approved site plan, floor plan/sign plan, which are attached hereto as conditions to the use granted herein. (C) The parking lot shall remain lighted during hours of operation. (D) A minimum of 50 parking spaces shall be provided for this use and depicted on the site plan. SECTION 3.That the Site Plan, Floor Plan/ Sign Plan, 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 3 62288 be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2004. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb [revised only] 1/28/04) EXHIBIT “A” Legal Description for SUP 1212 – Pump it Up 1405 South Beltline Road Being located in Lot 1, Block b of Northlake 635 Business Park (Coppell Business Center II, Lot 1, Block 1) an addition in the City of Coppell, Dallas County, Texas, according to the plat thereof recorded in Volume 89008, Page 00011, of the Map Records of Dallas County Texas. DEPT: Fire Department DATE: February 10, 2004 ITEM #: 8 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Resolution to award a bid for the lease/purchase of four (4) Mobile Intensive Care Units (MICU) and one battalion chief vehicle to Martin Apparatus, Inc. and Koch Financial Corporation in an amount of three hundred thirty-four thousand and five hundred thirty-two dollars and no cents ($334,532.00) and authorize the City Manager to execute the appropriate documents. GOAL(S): EXECUTIVE SUMMARY: Following city policy, the initiation of this five-year lease program is consistent for the replacement of front-line fire equipment. These expenditures are budgeted within this fiscal year. Please see attached memo. FINANCIAL COMMENTS: Funds have been budgeted for the down payment on this lease. A budget amendment will need to be brought forward for the accounting aspect of the lease financing. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: (fdvehicles-1AR MEMORANDUM January 15, 2004 TO: Mayor Doug Stover and City Councilmembers FROM: Bob Kruse, Fire Chief SUBJECT: Staff Comments Included within this year’s budget are monies to initiate a lease agreement for four new Mobile Intensive Care Units (MICU’s) and our Battalion Chief’s vehicle. Similar to our method of procuring large fire apparatus, I am recommending and requesting your approval to enter into a lease agreement to replace all five of these existing units. BACKGROUND In November 2000 we initiated a lease program where in all of our heavy fire apparatus is leased for a seven-year period. To date we have found this to be a very effective method to ensure a modern apparatus fleet while maintaining a stabilized annual expense. As such, we began researching the feasibility of procuring our Emergency Medical Vehicles in the same manner. Beyond the feasibility of applying the lease potential to medical units, we also looked into the effective “life span” for these units. After consultation and working with Fleet Supervisor Mark Brochtrup we have concluded that we can expand the projected life span of these units from their current four-year projection to a five-year expectation. STAFF RECOMMENDATION Fire Department staff is recommending for your approval to enter into this lease agreement. It is our feelings that the procurement of these apparatus through the lease process will cause the following benefits: Equipment Standardization Annualized flat apparatus payments Enhanced employee safety, morale/customer expectations New, reliable equipment. Staff will be on hand to answer any questions. 1 62418 A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AWARDING A BID FOR THE MUNICIPAL LEASE/PURCHASE OF FOUR (4) MOBILE INTENSIVE CARE UNITS AND ONE (1) BATTALION CHIEF VEHICLE TO MARTIN APPARATUS, INC. AND KOCH FINANCIAL CORPORATION; AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH LEASE AND ANY OTHER RELATED DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Coppell is a political subdivision of the State which is located in the State of Texas (the “State”) and is duly organized and existing pursuant to the constitution and laws of the State as a home rule municipality; and WHEREAS, pursuant to applicable law, the governing body of the said city has complied with the required state law regarding purchase of personal property leases, personal property necessary to aid and discharge the duties, obligations, and operations of the City; and WHEREAS, the governing body finds that lease/purchase of Mobile Intensive Care Units and a battalion chief vehicle are required for public safety purposes; and WHEREAS, the Governing Body hereby finds and determines that the award of a bid to Martin Apparatus, Inc. and Koch Financial Corporation in the principal amount not exceeding three hundred thirty-four thousand and five hundred thirty-two dollars and no cents ($334,532.00) for the purpose of acquiring such property is appropriate and necessary to the functions and operations of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the City agrees to award a bid for the lease/purchase of four (4) Mobile Intensive Care Units (MICU) and one (1) battalion chief vehicle as provided on the attached Exhibit A, which is incorporated herein by reference as if set forth in full, to Martin Apparatus, Inc. and Koch Financial Corporation in an amount not to exceed three hundred thirty-four thousand and five hundred thirty-two dollars and no cents ($334,532.00). SECTION 2.That the City Manager, acting on behalf of the City, is hereby authorized to negotiate, enter into, execute, and deliver the appropriate documents relative to such lease/purchase. 2 62418 SECTION 3.That the City’s obligations under the Lease/Purchase shall be subject to annual appropriation and shall not constitute a general obligation of the City or indebtedness under the Constitution or laws of the State; and, shall be subject to the appropriate non-appropriation clause. SECTION 4.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, MAYOR ATTEST: _________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 2/4/04) (62418) DEPT: Planning DATE: February 10, 2004 ITEM #: 9 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the Old Coppell Townhomes, Final 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. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: January 15, 2004 Decision of P&Z Commission: Approved (6-0) with Commissions Milosevich, Kittrell, Halsey, Borchgardt, Foreman and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Contact Kemp Spears at (972) 888-1330 to discuss easement requirements. 2) The proposed open ditch south of the site should be replaced with an underground drainage system. 3) Ensure all utility lines, including service lines, are kept out of the driveway stamped-concrete paver areas. 4) Remove Secretary, Planning and Zoning Commission title block from plat, and replace with City Secretary’s notations as shown on page 30 & 31 of Coppell Subdivision Ordinance (CONDITION MET) 5) Title block of Plat needs to reflect 9 common areas, not 8. (CONDITION MET) Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @1OC Twnhomes FP 1-AR Item #5 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Old Coppell Townhomes, Final Plat P & Z HEARING DATE: January 15, 2004 C.C. HEARING DATE: February 10, 2004 STAFF REP.: Gary L. Sieb, Planning Director LOCATION: East side of Coppell Road; north of Bethel Road; approximately 600 feet south of Cooper Lane. SIZE OF AREA: 3.81 acres of property. CURRENT ZONING: PD-197R-HO-TH-1/C (Planned Development-197 Revised, Historic Overlay-Townhouse-1/Commercial) REQUEST: Final Plat approval for 21 residences (19 townhouses and 2 freestanding homes), recreation areas, and 2 commercial lots on 3.81 acres of property. APPLICANT: Kurt Jones Owner: 117 Cascade Way R. L. Robertson, L.L.C. Coppell, TX. 75019 569A South Coppell Road (214) 632-6684 Coppell, TX 75019 FAX: (972) 735-9976 HISTORY: This property has been zoned Historic Overlay for quite some time. There has been recent development activity on the subject property, including the Old Coppell Master Plan, which was discussed and accepted by City Council in April of 2002. In August of 2002, Council questioned the residential component of the Plan, particularly as it related to the D/FW Airport flight patterns and noise concerns. In December Council and the Planning Commission held a Item #5 Page 2 of 3 joint workshop to discuss the noise issue, among others. On May 13, 2003, Council amended the land use component of the 1996 Comprehensive Plan and enlarged the Historic Overlay district, as proposed in the Old Coppell Master Plan and as recommended in April by the Planning Commission. In July the current applicant applied for and was granted a Conceptual Planned Development for construction of 21 single-family units (19 townhouses and 2 freestanding residences), a recreational area, and two commercial buildings on the 3.8-acre tract. The Preliminary Plat and Detail Site Plan were submitted for review in the last quarter of 2003 and approvals were granted in December of 2003. TRANSPORTATION: Coppell Road is an unimproved, two-lane asphalt street contained within a 50- to 60-foot right-of-way. It is projected to be improved to a concrete two-lane undivided road in 60-feet of right-of-way with construction beginning in mid-2005. SURROUNDING LAND USE & ZONING: North- single-family residential; PD-SF7 South – commercial; HO-C East - single-family; PD-SF-7 West – light industrial; PD-LI COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for Historic District classification to include small-scale residential/retail/office/commercial uses. In April of 2002, the Old Coppell Master Plan recommended comparable uses with more detailed residential application on the subject property. DISCUSSION: From the City’s perspective, this is the final step required before construction of these townhouses can begin. Commission and Council have approved the PD and Preliminary Plat. The applicant has provided the information staff needed to process this subdivision, and we are in a position to recommend approval of the Final Plat. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Item #5 Page 3 of 3 Because the plat reflects development as spelled out in the Detail Planned Development guidelines, staff supports this request, subject to the following conditions: 1) Contact Kemp Spears at (972) 888-1330 to discuss easement requirements. 2) The proposed open ditch south of the site should be replaced with an underground drainage system. 3) Ensure all utility lines, including service lines, are kept out of the driveway stamped-concrete paver areas. 4) Remove Secretary, Planning and Zoning Commission title block from plat, and replace with City Secretary’s notations as shown on page 31 of Coppell Subdivision Ordinance. 5) Title block of Plat needs to reflect 9 common areas, not 8. ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Final Plat document DEPT: Planning DATE: February 10, 2004 ITEM #: 10 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the Brighton Manor, Final Plat, to allow a 26-lot single-family subdivision, and eight common area lots, on 10.16 acres of property zoned SF-9, located at the southeast corner of Samuel and MacArthur Boulevards. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: January 15, 2004 Decision of P&Z Commission: Approved (6-0) with Commissions Milosevich, Kittrell, Halsey, Borchgardt, Foreman and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Contact Kemp Spears at (972) 888-1330 to discuss utility easement requirements. 2) Locate fire hydrant shown at corner of Hood Drive and Hood Drive approximately 80 feet west to the corner of the cul-de-sac. 3) Provide a drainage easement across Lot 2-X, Block A, or the entire lot 2-X, Block A should be noted as a drainage easement. 4) Agreement between the Lakes of Coppell Owners Association and the developer of mutually agreeable wall/landscape area maintenance. Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @2BrightonM FP 1-AR Item #6 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Brighton Manor, Final Plat P & Z HEARING DATE: January 15, 2004 C.C. HEARING DATE: February 10, 2004 STAFF REP.: Gary L. Sieb, Planning Director LOCATION: At the corner of Samuel and MacArthur Boulevards. SIZE OF AREA: 10.16 acres of property CURRENT ZONING: SF-9 (Single Family-9) REQUEST: Final Plat approval to allow a 26-lot single-family subdivision and eight common area lots. APPLICANT: Street Real Estate LTD dba Geometric Land Group John Speanburg 1660 S. Stemmons Freeway, Suite 295 Lewisville, TX. 75067 (972) 745-7307 FAX: (972) 745-7118 Engineer: Dowdey, Anderson and Associates, Inc. Scott Caruthers 5225 Village Creek Drive, Suite 200 Plano, TX. 75093 (972) 931-0694 FAX: (972) 931-9538 Item #6 Page 2 of 3 HISTORY: This property was purchased by the Coppell Independent School District in the early 1990’s as a proposed elementary school site. In a recent review of enrollment figures and projections, it was determined that the District did not need to build another elementary school, and this 10 acre parcel was put out to bid. Street Real Estate LTD was the successful bidder, and shortly after purchase a preliminary plat application was submitted for City review and approved. This is the final plat application. TRANSPORTATION: MacArthur Blvd. is an improved P6D, six-lane divided thoroughfare contained within a 100-foot r-o-w. Samuel Boulevard is a C2U, two- lane undivided street contained within a 60-foot r-o-w. SURROUNDING LAND USE & ZONING: North- single-family residences; PD-137 South – single-family residences; SF-9 East- church; SF-9 West- single-family residences; PD-141 COMPREHENSIVE PLAN: The 1996 Comprehensive Master Plan shows the property as suitable for an elementary school site; prior to 1996, it was shown as single-family property. DISCUSSION: As discussed when the preliminary plat was reviewed: “In recent months, staff has seen an increase in developers opting to go through the platting procedure to have their plans reviewed, as opposed to going the zoning route with the Planned Development process. The reason for this is evident—no advertised public hearings that might generate neighborhood opposition, and a review process which is much more expedient. As a general rule, staff would prefer development proceeding through the PD process, whereby adjacent landowners have more opportunity to express their wishes, and development proposals can be customized for each proposed subdivision. But in certain instances, we can support the platting route. This is one of those instances. First, the density proposed in this development is much less than that in any of the established neighborhoods adjacent to it. Second, comprehensive plans developed prior to our most recent 1996 Plan called out residential development for this parcel. Third, it is currently zoned for residential use. Fourth, the use proposed is certainly compatible with what has developed around it. For these reasons, staff has no objection to this plat. In addition, this plan contains a brick screening wall with exterior landscape plantings and is compatible with the existing wall along the Item #6 Page 3 of 3 length of MacArthur Boulevard. The plan includes eight common landscape areas to complement the 26 single-family lots, and the monument markers give the project a favorable identity. There are some technical concerns that need to be addressed, and we list them under conditions for approval. As a final comment relative to this proposal, the Lakes of Coppell Homeowners Association has recently advised us that this property is a part of the overall Lakes Association. As such, the Association has some concern regarding maintenance of the proposed landscape areas and screening walls. It is the Association’s position that they do not want to assume any more landscape/maintenance responsibilities. The Brighton Manor development could have an independent H.O.A. to address the concerns of the Lakes Association. Staff is not concerned how the property is maintained, as long as it is maintained to a high standard. Therefore, we have added a condition of approval that the Association and this developer agree to mutually acceptable landscape and wall maintenance.” The developer agreed to all our conditions at the preliminary plat review and reflects those agreements on this final plat document. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending approval of this request with the following conditions: 1. Contact Kemp Spears at (972) 888-1330 to discuss utility easement requirements. 2. Locate fire hydrant shown at corner of Hood Drive and Hood Drive approximately 80 feet west to the corner of the cul-de-sac. 3. Provide a drainage easement across Lot 2-X, Block A, or the entire lot 2- X, Block A should be noted as a drainage easement. 4. Agreement between the Lakes of Coppell Owners Association and the developer of mutually agreeable wall/landscape area maintenance. ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Final Plat document DEPT: Planning DATE: February 10, 2004 ITEM #: 11 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD-199-HC, Vista Point II, MacArthur Ridge, zoning change from HC (Highway Commercial) to PD-199-HC (Planned Development-199-Highway Commercial) with a Concept Plan to allow the development six office/assembly/warehouse buildings, totaling approximately 200,000 square feet, and five retail/restaurant pad sites on approximately 26 acres of property located at the southwest corner of S.H. 121 and MacArthur Blvd. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: December 18, 2003 Decision of P&Z Commission: Denial (5-2) with Commissions McCaffrey, Kittrell, Halsey, Borchgardt and Reese voting in favor of denial. Commissioners Milosevich and Foreman opposed. Denial is recommended, based on: • This project does not adhere to the stated purpose and intent, or the regulations, of the Highway Commercial District. • The industrial nature of this project, in terms of uses and choice of building materials and design, including the lack of specificity to the ratio of assembly/warehouse/office, is in direct conflict to the efforts of the City to encourage commercial/office/hotel and similar freeway oriented uses along S.H. 121. • The negative impact that this development (proximity of loading areas and lack of screening) will have on Forest Hill Drive and the residential areas beyond. • The deficits in the proposed landscaping and screening, lack of commitment about site, parking lot and building lighting. NOTE: A ¾ vote of Council is needed to overturn the Commission’s recommendation of denial. See attached letter of appeal dated December 22, 2003, from Demian Salmon, Dan Anderson & Stacy Standridge. . Staff recommends denial. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @3PD-199, VPII 1-AR Date: January 24, 2004 To: Jim Witt. City Manager Thru:Gary Sieb, Director of Planning From:Marcie Diamond, Assistant Director of Planning RE: Definition of Warehousing Per our discussion concerning the proposed PD-199, scheduled for City Council consideration on February 10, 2004, I have researched various definitions for “warehousing”. A basic definition for General Warehousing and Storage, as provided by OSHA’s Standard Industrial Code (SIC), is simply: “Establishments primarily engaged in the warehousing and storage of a general line of goods.” Attached is a sampling of various local municipalities’ definitions for warehousing. In reviewing these, I recommend the following definition for the City of Coppell, which would apply to this PD request: “Warehouse/Distribution- A building primarily devoted to storage, warehousing and distribution of goods, merchandise, supplies and equipment. Accessory uses may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas.” This PD is also requesting “assembly” as a use, which is also not specifically defined in the Coppell Zoning Ordinance. Therefore, the following definition is recommended: “Limited Assembly and Manufacturing-The assembly and manufacturing of finished products or parts from previously prepared materials and parts. Fabrication may be used in limited form to shape or define the final product, but shall not comprise the primary activity of such operations. Basic industrial processing which transforms materials, particularly raw materials into a new substance, compound, or product is not permitted. Excluded uses include, but are not limited to meat packing, chemical and petroleum processing and manufacturing, and foundries”. These definitions may be incorporated into the Zoning Ordinance under a separate agenda item in the future. As mentioned above, attached are two pages of research, which resulted in the recommended definitions. Page 1 of 2 OSHA’S SIC Definition: 4225 General Warehousing and Storage Establishments primarily engaged in the warehousing and storage of a general line of goods. City of Grapevine 446.Warehousing, storage in an enclosed building five thousand (5,000) square feet in area or larger, of articles, foods, liquids and/or plants including all necessary office and/or sales space, but not including motor terminal facilities or railway freight station facilities. City of Dallas Warehousing: A facility for the inside storage and distribution of items. City of Carrollton 406. WAREHOUSING: Storage in an enclosed building of articles, foods, liquids and/or plants, including all necessary office, distribution, and/or sales space. This definition does not include truck terminals or railroad freight terminals, as herein defined. (truck terminals were not herein defined) 325. RAILROAD FREIGHT TERMINAL: An establishment or facility which is designed for the storage and handling of goods and cargo which are transported by railroad from one city to another. The outside storage of railroad cars, engines, or other railroad equipment shall be prohibited City of Irving (447) Warehousing, storage in an enclosed building five thousand (5,000) square feet in area or larger, of articles, foods, liquids and/or plants including all necessary office and/or sales space, but not including motor terminal facilities or railway freight station facilities. City of Plano Warehouse/Distribution Center-A building used primarily for the storage and distribution of goods, merchandise, supplies and equipment including wholesalers which display, sell and distribute merchandise to business representative for resale but excluding “Truck Terminal”. Truck Terminal – An area and building where cargo is stored and where trucks including tractor and trailer units loaded and unload cargo on a regular basis. May include facilities for the temporary storage of load prior to shipment. Page 2 of 2 Limited Assembly and Manufacturing-The assembly and manufacturing of finished products or parts from previously prepared materials and parts. Fabrication may be used in limited form to shape or define the final product, but shall not comprise the primary activity of such operations. Basic industrial processing which transforms materials, particularly raw materials into a new substance, compound, or product is not permitted. Such operations shall meet the performance standards, bulk controls and other requirements of this ordinance. Excluded uses include, but are not limited to meat packing, chemical and petroleum processing and manufacturing, and foundries. City of Frisco Office/Warehouse/Distribution Center-A building primarily devoted to storage, warehousing and distribution of goods, merchandise, supplies and equipment. Accessory uses may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas. Item # 10 Page 1 of 7 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-199-HC, Vista Point II, MacArthur Ridge P & Z HEARING DATE: December 18, 2003 C.C. HEARING DATE: January 13, 2004 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: Southwest corner of S.H. 121 and MacArthur Boulevard. SIZE OF AREA: Approximately 26 acres of property. CURRENT ZONING: HC (Highway Commercial) REQUEST: PD-199-HC(Planned Development-199-Highway Commercial), Concept Plan to allow the development six office/assembly/warehouse buildings, totaling approximately 200,000-square feet, and five retail/restaurant pad sites. APPLICANTS: Demian Salmon Jeff Libby Jackson Shaw Company Standridge Companies 4890 Alpha Road, Suite 100 14860 Monfort Dr. # 241 Dallas, Texas 75244 Dallas, Texas 75254 972-628-7400 214-363-1998 FAX: 972-628-7444 FAX: 214-363-1997 HISTORY: The subject property is part of Lot 3, Block G, a 49.20-acre tract within the Vista Ridge Addition. The property lies within Denton County and was originally part of the City of Lewisville when recorded in September of 1986. Since that time, the City of Coppell has annexed this and other portions of the Vista Ridge Business Park. Item # 10 Page 2 of 7 In September 2001, City Council approved a Site Plan and Final Plat to allow for the construction of a one-story, 71,000 square-foot office building on seven acres of this 26-acre parcel of land. The Site Plan would have expired September 11, 2003; however, on September 9, 2003, City Council approved a six-month extension. The approved Site Plan will now expire in March 2004. In September 1999, a request for a PD for a gas station, convenience store and car wash on 1.5 acres at this corner of S.H. 121 and MacArthur Boulevard was recommended for denial by staff. Due to this recommendation, the applicant requested a postponement until December of that year to allow for a redesign of the site plan and elevations to address staff design concerns, but staff still strongly opposed the use at this location. On December 16, 1999, the Planning and Zoning Commission recommended denial of this request, and it was not appealed to City Council. TRANSPORTATION:S.H. 121 is under construction to freeway standards with access roads, within 450 feet of right-of-way. SURROUNDING LAND USE & ZONING: North - S.H. 121; City of Lewisville South - PD-132-SF-9; The Peninsulas of Coppell, and PD-149-SF-7 Vistas of Coppell East - vacant, HC (Highway Commercial) and office park; LI (Light Industrial), City of Lewisville West - Vistas of Coppell; PD-149-SF-7-Single-Family COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for mixed-use development, including retail/commercial, office parks, schools, churches, and other compatible non- residential uses. . DISCUSSION: The applicant desires to construct a similar project to one that they developed on the north side of S.H. 121 in the City of Lewisville. Initially, this request was to rezone this property from Highway Commercial (HC) zoning to a Planned Development for HC uses to allow tilt-wall construction, which is no longer permitted in the HC District. However, this PD Concept Plan is also requesting variances to the uses permitted by right in the HC district, landscape and sign ordinances. This submission has also not addressed staff’s concerns about location of loading areas, screening, lighting, building materials and tree preservation. Item # 10 Page 3 of 7 Proposed Uses: This PD is requesting approval for approximately 210,000-square feet of office/assembly/warehouse use and five retail pad sites. The existing Highway Commercial zoning is defined in the Zoning Ordinance as follows: “Sec. 12-22-0. General purpose and description. The "HC" highway commercial district is intended primarily as a high intensity area permitting a mixed-use for office, commercial-retail, and highway oriented uses, such as hotels, restaurants, and low and mid-rise offices, and should be located generally along high-volume thoroughfares. The site characteristics for each area should be designed in a manner to create an attractive appearance from I.H. 635 and S.H. 121, and an impressive gateway into the community. Because these areas are designated as major thoroughfare entry points, emphasis has been placed on building arrangement, setbacks, parking, and landscape treatment, which are intended to be elements influencing the character of entrance into the city. It is the intention of the "highway commercial" zoning district to create an attractive and unique entrance into the city”. Given the stated intent and purpose of this district, warehousing use is only permitted by Special Use Permit (or could be established as part of this PD). Staff cannot support the proposed office/assembly/warehouse use along S.H. 121, as well as being in close proximity to the existing residential neighborhoods to the south. The Site Plan does not define the proposed ratio of office to assembly to warehouse for these buildings. Even though the proposed parking ratio could support 100% office, these buildings could be occupied by a high percentage of uses that are only appropriate in our industrial area, specifically, warehouse and assembly. Retail uses are generally more in keeping with the intent of the HC district; however, discussion on the specific uses proposed by SUP for the corner of S.H. 121 and MacArthur is a separate agenda item and will be discussed as a separate zoning case. Approximately two years ago, a Detail Site Plan for a 70,000 square-foot office building was approved for a portion of this tract of land. A Concept Plan for the remaining parcel also indicated office as the proposed use. The proposed uses ere enthusiastically supported by staff, the community, Commission and Council, even though there was some concern over the materials used. At that time, masonry was not required in the HC district as it is now. In September of this year City Council approved a 6-month extension to the Detail Site Plan; therefore, this office plan is still viable. Staff feels that pure office is more appropriate Item # 10 Page 4 of 7 and is in compliance with the existing HC district and addresses the goals of the Comprehensive Plan. Loading Areas/Screening: Due to the characteristics of the office/assembly/warehouse use, overhead doors are planned to be along 100% of the rear wall of each building served by massive paved loading areas. These areas are in close proximity and visible from the residential neighborhoods. The Site Plan indicates a 6-foot screening wall along a portion of the southern property line which directly abuts the Vistas of Coppell, Phase IIB residential subdivision. However, east of that area, along Forest Hill Drive, and abutting the levee and the City’s hike and bike trail, abutting The Peninsulas residential subdivision, no perimeter screening wall is shown. The applicant is stating that due to the intervening HC zoned property (the levee), the screening wall is not required. However, staff strongly feels that given the topography and the lack of any other visual barrier between the proposed office/assembly/warehouse and retail and the homes in The Peninsulas, this screening wall needs to be extended along Forest Hill Drive to MacArthur Blvd. The elevation of this wall also needs to be addressed. As currently proposed, it is a 6-foot “thin-wall masonry” screening. The elevations do not specify color or include any sort of articulation, columns, etc. This wall, as currently proposed, will be approximately 1,150-linear feet, and per staff recommendation, this wall needs to be extended another 850-linear feet. A solid, blank wall is not acceptable. Staff is further recommending that in the event this PD is approved, then this entire screening wall and landscaping adjacent to this wall be built with the initial construction. Other Site Plan Issues: Although the retail pad sites are conceptual in nature, it must be pointed out that Tract 6 is deficient in terms of number of parking spaces and amount of land devoted to landscaping. Therefore, the size of the building on this tract needs to be significantly reduced. Additional landscape comments are included below. Additional information will also be required to assure that the fire lane criteria are being met in all the tracts. Given the residential adjacency, staff had requested additional information about site, parking lot and building lighting, which has not been provided. Finally, the driveway locations need to be approved by TxDot, and a deceleration lane must be added if required by TxDot. Signage: The Site Plan is indicating a “phase line” between tracts one and two of the office/assembly/warehouse area. The applicant has not specified an intent to plat these phases into two or more lots or retain this property as one lot. The platting of this property will impact the amount and location of required landscaping, as well as the number of monument signs permitted. If this entire office/assembly/warehouse area remains as one Item # 10 Page 5 of 7 lot, then only two 60 square-foot monument signs would be permitted. Assuming that the line between phase 1 and 2 will ultimately be a lot line, then two 40 square-foot monument signs would be permitted on Lot 1 and two 60 square-foot signs on Lot 2. The applicant is requesting five 30 square-foot signs for the office/assembly/warehouse area. The location of several of the monument signs is also not compliant with the Sign Ordinance. These variances to the Sign Ordinance will need to be stated as a specific request as part of this PD. The applicant also submitted attached sign criteria. Most of the language and regulations are not applicable to this review and reiterates the sign requirements in the Zoning Ordinance, except for subsection E, which states, in part, that “colors are limited to white, ivory, or black, unless this requirement conflict(s) with corporate identity (emphasis added). The City of Coppell Sign Ordinance allows corporate identity up to 20% of the area of the sign to be logos of any color. The applicant’s sign criteria needs to be amended to reflect this section of the Sign Ordinance, or requested as an additional variance. Landscape Plan: To conduct a proper analysis of the Landscape Plan, an understanding of the ultimate lot layout is necessary to determine the compliance with, or variance to, the Landscape Ordinance. In virtue of this being a PD, trade- offs may be considered, however, deficiencies in amount of total landscape areas will not be supported. Assuming a minimum of two lots in the office/assembly/warehouse area, it appears that a relief from the 10’ required perimeter landscaping for both sides of internal lot lines is being requested between these two lots and along some lot lines in the retail pad sites. Staff can not support this requested relief. In the office/assembly/warehouse area, Tract 2 (Buildings 4, 5 and 6), there is a deficiency of approximately 12,000-square feet of non-vehicular and interior landscaping, in addition to not providing for perimeter landscaping along the common property lines. Tract 1 (Buildings 1,2, and 3), has a surplus of approx. 650-square feet; however, this does not begin to address the shortage in Tract 2. It is recommended that the 6-foot screening wall adjacent to Forest Hill Drive will be required. In the event that it is not, significantly more tall evergreen trees, which are full to the base, will be required to provide a visual screen between this property and the residential property to the south. The retail tracts are providing sufficient non-vehicular, interior landscaping and perimeter landscaping adjacent to streets and the office/assembly/warehouse area but are deficient in internal lot line landscaping. As detailed on the Tree Survey, a significant number of trees will be removed to allow for the development of this property. It appears that increasing the landscape setback along MacArthur Blvd. by approximately 20 feet could preserve approximately sixteen 10-12-inch caliper Cedar Elms and Live Oak trees that were planted as street trees Item # 10 Page 6 of 7 years ago. The preservation of these trees will enhance the streetscape of MacArthur Blvd and addresses our Primary Image Zone landscape criteria. Elevations: The final issue relates to the elevations of the buildings. While the elevations are conceptual in nature and will be further defined for all buildings (except for Tract 4 – See S-1211 in this agenda) when detail plans are submitted, this is intended to provide for the overall character of the development. The applicants have agreed to carry the materials, signage criteria and design elements from the office/assembly/warehouse area to the retail pad site areas. As mentioned in the beginning of this report, the initial purpose of placing this property under a PD is to allow for a variance to Section 12-33-5. Type of Exterior Construction of the Zoning Ordinance, which requires that buildings in this district be a minimum of 80% masonry, exclusive of doors and windows. Masonry is defined as “brick and stone of earth tones colors”, and does not permit tilt wall. The elevations for the office/assembly/warehouse buildings appear to be 100% tilt-wall construction with 2.5 feet of brick veneer along the base of the building with stone accents to enhance the entries, which is a typical industrial building design. The rear elevations (100% tilt wall with metal doors) face the residential area and Forest Hill Drive. The calculations on the elevation sheets are in error, in that they do not exclude windows and doors from the percentage calculations, and they even included the metal roof to increase “percentage of masonry.” Metal is not considered a masonry product. The Planning Commission discussed the aesthetics and the detail of building design at great length when the 70,000 square foot office building was considered for this property in September 2001. The Commission spent considerable time assisting the developer in creating an office building that the community would embrace. These buildings ignore that input. The buildings proposed for the retail pad sites will utilize the same materials; however, they will have a significantly higher percentage of brick veneer, with stone, tilt wall and stucco being utilized as architectural accents. The percentage of masonry on the buildings also needs to be recalculated per Section 12-33-5 of the Zoning Ordinance. Summary: Item # 10 Page 7 of 7 The City has been proactive over the past year in rezoning properties along S.H. 121 from Light Industrial to Highway Commercial to encourage retail/office and commercial uses and prohibit tilt-wall industrial/warehousing along S.H. 121 and adjacent to developed residential areas. As specifically stated in the Zoning Ordinance: “It is the intention of the "highway commercial" zoning district to create an attractive and unique entrance into the city”. This application is in direct conflict with that effort. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending DENIAL based on: • This project does not adhere to the stated purpose and intent, or the regulations, of the Highway Commercial District. • The industrial nature of this project, in terms of uses and choice of building materials and design, including the lack of specificity to the ratio of assembly/warehouse/office, is in direct conflict to the efforts of the City to encourage commercial/office/hotel and similar freeway oriented uses along S.H. 121. • The negative impact that this development (proximity of loading areas and lack of screening) will have on Forest Hill Drive and the residential areas beyond. • The deficits in the proposed landscaping and screening, lack of commitment about site, parking lot and building lighting. 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) Proposed Signage Criteria (2 pages) 2) Color Site Plan and Landscape Plan 3) Elevation for Front and Sides of the office/assembly/warehouse 4) Elevations for the Rear and Side of the office/assembly/warehouse 5) Typical Retail Elevations 6) Color Elevations 7) Tree Survey DEPT: Planning DATE: February 10, 2004 ITEM #: 12 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1211, Service Star, zoning change from PD-199-HC (Planned Development-199- Highway Commercial) to PD-199-HC-S-1211 (Planned Development-199-Highway Commercial-Special Use Permit-1211), to allow the development of Auto Repair Garage, Car Wash, Convenience Store and Gasoline Service Station on approximately 2 acres of property located at the southwest corner of S.H. 121 and MacArthur Blvd. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: December 18, 2003 Decision of P&Z Commission: Denial (5-2) with Commissions McCaffrey, Kittrell, Halsey, Borchgardt and Reese voting in favor of denial. Commissioners Milosevich and Foreman opposed. Denial is recommended, based on: • The inappropriateness of these uses at this important gateway into the City; • Auto repair and tire sales are specifically prohibited uses in the HC District; • Technical issues, including, but not limited to: conflicts with the Sign Ordinance; inadequate fire lanes, need to provide for deceleration lanes, the inclusion of outside storage, metal awnings, insufficient rear-yard setback, lack of details on site and canopy lighting, hours of operation, and building materials. NOTE: A ¾ vote of Council is needed to overturn the Commission’s recommendation of denial. See attached letter of appeal dated December 22, 2003, from Demian Salmon, Dan Anderson & Stacy Standridge. Staff recommends denial. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @4S-1211, SS 1-AR January 21, 2004 TO:Jim Witt, City Manager FROM:Bob Kruse, Fire Chief SUBJECT:Requested Information As requested, on today’s date Interim Fire Marshal Vernon Gilmore and I reviewed the proposed development at the southwest corner of MacArthur and 121. Specifically, we looked at comments that were made relative to fire lane placements for this proposed development. In short, the stubbed out 100 foot fire lane on the east side of the proposed gasoline station does meet fire code requirements. The stubbed out fire lane on the west side of the project is NOT required by our fire code. We did ask the developer to consider providing a fire lane down the length of the west side of the gasoline station for improved access to the fuel pumps. It was our thoughts that the additional fire lane on the west side would be of benefit for two specific reasons: 1. The proposed fire lane on the west side would allow for easier access for personnel responding from Fire Station 123. 2. We would be able to address any emergencies involving the fuel pumps without blocking the customer parking on the east side of this project. The second portion of your requested information involved how many stories a 70-foot building may encompass. Frankly, that information would depend upon the project itself. Typically, building heights use a “rule of thumb” of 10 feet per story. However, in some instances I have seen story heights vary from 8 to 12 feet per story. Please know the fire department does not regulate the height of a particular building, however the height of a building may affect the required kind and types of fixed fire protection systems. If you need any additional information please feel free to contact me. Item # 11 Page 1 of 6 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1211, Service Star P & Z HEARING DATE: December 18, 2003 C.C. HEARING DATE: January 13, 2004 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: Southwest corner of S.H. 121 and MacArthur Boulevard. SIZE OF AREA: Approximately 2 acres of property. CURRENT ZONING: PD-199-HC(Planned Development-199-Highway Commercial) REQUEST: PD-199-HC-S-1211 (Planned Development-199-Highway Commercial, Special Use Permit-1211), to allow the development of Auto Repair Garage, Car Wash, Convenience Store and Gasoline Service Station on approximately 2 acres of property located at the southwest corner of S.H. 121 and MacArthur Blvd. APPLICANTS: Demian Salmon Jeff Libby Jackson Shaw Company Standridge Companies 4890 Alpha Road, Suite 100 14860 Monfort Dr. # 241 Dallas, Texas 75244 Dallas, Texas 75254 972-628-7400 214-363-1998 FAX: 972-628-7444 FAX: 214-363-1997 HISTORY: The subject property is part of Lot 3, Block G, a 49.20-acre tract within the Vista Ridge Addition. The property lies within Denton County and was originally part of the City of Lewisville when recorded in September of 1986. Since that time, the City of Coppell has annexed this and other portions of the Vista Ridge Business Park. Item # 11 Page 2 of 6 In September 2001, City Council approved a Site Plan and Final Plat to allow for the construction of a one-story, 71,000 square-foot office building on seven acres of this of this 26-acre parcel of land. The Site Plan would have expired on September 11, 2003; however, on September 9, 2003, Council approved a six-month extension. The approved Site Plan will now expire in March 2004. In September 1999, a request for a PD for a gas station, convenience store and car wash on 1.5 acres at this corner of S.H. 121 and MacArthur Boulevard was recommended for denial by staff. Due to this recommendation, the applicant requested a postponement until December of that year to allow for a redesign of the site plan and elevations to address staff design concerns, but staff still strongly opposed the use at this location. On December 16, 1999, the Planning and Zoning Commission recommended denial of this request, and it was not appealed to City Council. TRANSPORTATION:S.H. 121 is under construction to freeway standards with access roads, within 450 feet of right-of-way. SURROUNDING LAND USE & ZONING: North - S.H. 121, City of Lewisville South – PD-132-SF-9, The Peninsulas of Coppell, and PD-149-SF-7, Vistas of Coppell East - vacant; HC-(Highway Commercial) and office park; LI (Light Industrial), City of Lewisville West - Vistas of Coppell, PD149 -SF-7 (Single-Family) DISCUSSION: This request is for a Shell gas station, convenience store, car wash and a Great American auto repair facility, including lube and tire sales. A request for a service station (gas pumps, car wash and convenience store) on this tract of property was recently denied, based on the inappropriateness of the use at this important gateway into the City, and its potential impact on the development of the abutting properties to the south and west. As discussed in more detail in PD-199-HC, which incorporates this tract, the stated purpose of the HC District zoning, in part is: The "HC" highway commercial district is intended primarily as a high intensity area permitting a mixed-use for office, commercial- retail, and highway oriented uses, such as hotels, restaurants, and low and mid-rise office… create an attractive appearance from… S.H. 121, and an impressive gateway into the community…. It is the intention of the "highway commercial" zoning district to create an attractive and unique entrance into the city”. Item # 11 Page 3 of 6 To ensure that this goal is achieved Sec. 12-22-2. Non-permitted uses, in the HC district specifically states: “For clarity, the following uses, though not limited to the following, are specifically not permitted uses within the "HC" district even with a special use permit. … 7. Used automobile sales or display, repair garages, tire and seat cover shops, or auto laundries unless incidental to a service station”, … Therefore, the HC zoning does not permit automobile repair garage and tire shop, even with a Special Use Permit. In the event that PD- 199-HC (which includes the entire property) requests a variance to the HC regulations to allow this use, then the following technical issues will apply. Great American is an auto repair facility and proposes to have two bay doors facing west and seven bay doors facing east, all visible from S.H. 121 and MacArthur Blvd, a Primary Image Zone in Coppell. The north elevation of this facility, directly facing onto S.H. 121, is proposed to have a door and four signs. These signs are in conflict with the City’s Sign Ordinance and the sign criteria for this PD, in terms of color (color logos not exceeding 20% of the area of the sign) and size. Section 12-29-4.(B) of the Zoning Ordinance regulates the size of attached sign based of the linear footage of the frontage of the building. This building has 42.5 feet of frontage on S.H. 121; therefore, a total of 42.5-square footage of attached signage will be permitted for this entire building. However, the color and sizes were not specified on the elevation sheet and, therefore, specific compliance cannot be determined. The signage on the proposed gray metal canopy or sign band may also not be permitted. The building is setback 10 feet from the southern property line. HC zoning requires a 20-foot rear-yard setback, yet another conflict with the regulations of the Zoning Ordinance. Staff is also concerned about the proposed outside storage of used tires and potentially other automobile parts along the southern property line of this tract. Information was also required concerning site and security lighting, and hours of operation, but has yet to be provided. The building materials are essentially the same as proposed for the office/assembly/warehouse buildings, except that there is more masonry, limited stone, stucco and metal being used as accent materials. These materials need to be specified on the elevation Item # 11 Page 4 of 6 sheets and not just referred to on the color board, especially for those materials that are not on the color board, such as the aluminum composite metal material and the stucco. The development proposed for the corner is a Shell gas station. Specifically, this is proposed to include a 2,107 square-foot convenience store and 1,075 square-foot car wash, behind a 3,120 square-foot canopy with five pump islands, which is large enough to accommodate 20 cars at one time. Again, this use is in conflict with the stated general purpose and description of the HC District, although not expressly prohibited as are the car repair and tire sale uses. The aesthetics of this use will largely depend on the gas pumps and their canopy in that they will be the most visible features of this land use. The standing seam metal roof and the masonry veneer will be the same as used on the other buildings of this development; however, the two-foot canopy fascia is proposed to be yellow with a red stripe. The fuel dispensers will also be very visible from S.H. 121, and the color has not been indicated on the plans. Lighting under the canopy will also have a major impact on the aesthetics of this project, as well as its impact on surrounding land uses. The building materials for the convenience store and car wash are, again, essentially the same as proposed for the office/assembly/warehouse buildings, except that there is more masonry, and limited stone is being used as an accent material. Metal canopies are included on the front and rear elevations of the building. Per Section 12-22-5.5 of the Zoning Ordinance, awnings (canopies) on buildings are required to be “non-metal material that closely resembles canvass”. Therefore the metal canopies are another variance to the HC District regulations. The materials need to be specified on the elevation sheets, and not just referred to on the color board, especially for those materials that are not on the color board and for materials not proposed for this particular building. Two 60 square-foot monument signs are proposed on this one lot. Per Sec. 12-29-4. Provisions for business zoning districts, only one sign is permitted. This section of the Zoning Ordinance further states that “Can signs made of plastic or similar materials are not permitted as detached (monument) signs”. The color and materials proposed for these signs are not stated on the plans, but they appear to be full color, can (plastic) signs. It also appears that under Great American’s logo, there is a reader board, with Item # 11 Page 5 of 6 interchangeable letters, This, also, is prohibited by the provisions of Sec. 12-29-4. Access to this property is proposed via mutual-access easements, with direct access points on S.H. 121 and MacArthur Blvd. Driveway spacing and locations along the S.H. 121 frontage road must be approved and permitted by TxDOT. Based on the proposed uses of this tract, a deceleration/right-turn lane is required on MacArthur Blvd. It appears that there is adequate space to allow for approximately 100' of transition and 75' of vehicle storage. This may require the dedication of additional right-of-way, the removal of some trees, and the reconstruction of a storm sewer inlet. The fire lane configurations are inadequate. The applicant is proposing several 100-foot long stubbed-out fire lanes. As currently designed, fire trucks cannot fully circulate around the buildings or gas pumps and will be required to back out of the proposed stub-outs. Finally, hours of operation, which is a requirement of a SUP submittal, were not provided. To summarize, the current request is to expand the previously denied auto related uses beyond gas pumps/car wash and c-store to include auto repair and tire sales (which are not allowable uses), none of which were envisioned as an “attractive and unique entrance into the city” nor are supported or permitted by the existing HC zoning. It appears that the purpose of the underlying PD was not to enhance, but request variances to the HC regulations in terms of building materials, signage, setback as well as uses. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending DENIAL of SUP-1211 for Auto Repair Garage, Car Wash, Convenience Store and Gasoline Service Station, based on: • The inappropriateness of these uses at this important gateway into the City; • Auto repair and tire sales are specifically prohibited uses in the HC District; • Technical issues, including, but not limited to: conflicts with the Sign Ordinance; inadequate fire lanes, need to provide for deceleration lanes, the inclusion of outside storage, metal awnings, insufficient rear-yard setbacks, lack of details on site and canopy lighting, hours of operation, and building materials. Item # 11 Page 6 of 6 ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Site Plan 2) Landscape Plan 3) Elevations of Great American 4) Elevations of the Convenience Store 5) Elevations of the Car Wash 6) Elevations of the gas pumps and canopy 7) Monument signs 8) Floor Plan for Convenience Store 9) Floor Plan for Great American DEPT: Planning DATE: February 10, 2004 ITEM #: 13 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of the Shadydale Acres, Lot 1-B-1 and 1-B-2, being a replat of the south half of Tract 1, Block A, to allow the construction of two single-family homes on 28,470-square feet of property located at the northwest corner of Sandy Lake Road and Oak Trail. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: January 15, 2004 Decision of P&Z Commission: Denied (6-0) with Commissions Milosevich, Kittrell, Halsey, Borchgardt, Foreman and Reese voting in favor of denial. None opposed. Denial is recommended unless Replat is revised to provide for the dedication 17 feet of R.O.W. with a 9-foot sidewalk and utility easement and the following conditions are met: 1) The 30-foot building setback line along Sandy Lake being measured from the north line of the 9-foot easement line adjacent to the future R.O.W., and shall also be a fence setback line. 2) A legally platted mutual access easement shall be provided from Lot 1-B-1 to Lot 1-B-2, and indicated on the plat as such. 3) No access/driveways being provided to Sandy Lake Road. 4) The following notes being added to the replat: • The City shall have the right to remove any trees or other encumbrances within the 9-foot sidewalk and utility easement. • Prior to the issuance of a building permit for the new home on Lot 1-B-2, the existing home on Lot 1-B-1 needs to be removed. 5) Inclusion of the Finished Floor Elevations on each lot. 6) Adding the metes and bounds description. 7) Provision of the Flood Plain Administrator’s signature block. 8) City Council approving a waiver of the alley requirement. Staff recommends denial unless the Replat is corrected as stated above. See Christina Lawson’s appeal letter dated January 27, 2004. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @5ShadydaleR 1-AR Item # 4 Page 1 of 6 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Shadydale Acres, Lot 1-B-1 and 1-B-2, being a replat of the south half of Tract 1, Block A P & Z HEARING DATE: January 15, 2004 C.C. HEARING DATE: February 10, 2004 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: Northwest corner of Sandy Lake Road and Oak Trail. SIZE OF AREA: 28,470-square feet (0.56 of an acre of property) CURRENT ZONING: SF-12 (Single Family-12) REQUEST: To replat the existing lot into two lots. APPLICANT: Owner: Christina Lawson 101 Oak Trail Coppell, Texas 75019 (972) 393-4373 Architect: Surveyor: Tony Wagner JPH Land Surveying, Inc. 16051 Addison Rd., #206 200 North Rufe Snow #123 Addison, Texas 75001 Keller, Texas 76248 (972) 991-4475 (817) 431-4971 FAX: (972) 991-4243 FAX: (817) 431-4924 Item # 4 Page 2 of 6 HISTORY: The existing home was built in 1967 on the southern one-half of Tract one, Block A, of the original Shady Dale Acres, recorded in Dallas County in 1983. TRANSPORTATION:Sandy Lake Road currently is a substandard, two-lane asphalt road, which is designated on the Thoroughfare Plan to be a four-lane divided thoroughfare. The schematic design to improve this road is complete, and a total of 100 feet of right-of-way will be required adjacent to this property. The subdivisions to the south (Georgian Place and Forest Cove) dedicated their portion of the right-of-way when they were platted. Approximately 4,829-square feet (26 feet in width) is required when this property is replatted. Oak Trail is a substandard, asphalt street, built within 60 feet of R.O.W. SURROUNDING LAND USE & ZONING: North – single-family home on an approx. one acre lot; SF-12 South – Georgian Place – single-family subdivision; SF-7 East - single-family home on an approx. one-half acre lot; SF-12 West - single-family home on an approx. one-third acre lot; SF-12 COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for Residential Low Density. DISCUSSION: The western portion of this lot contains an approximate 1,700 square-foot home, built in 1967, which fronts Oak Trail. Many mature trees exist on the eastern portion of this property. The applicant desires to subdivide this lot into two, allowing for a new home on the eastern portion and the eventual demolition and rebuilding of the home on the western portion. While this appears to be a fairly straightforward replatting request, there are significant technical and legal issues with this replat. Staff has worked diligently to come up with various compromises and variances, where legally permitted, to allow the applicant to proceed with this replat. However, as detailed in the attached letter from the owner, she has rejected the replat conditions, many of which are required by state law and the City’s subdivision regulations; therefore, this request for replat must be denied. The following is a summary of the issues and how staff has offered to address these issues: LOT SIZE/DEDICATION OF R.O.W. Item # 4 Page 3 of 6 This property is zoned SF-12, requiring a minimum lot size of 12,000 square feet. This property currently contains 28,470-square feet of land. As discussed above, to allow for the scheduled improvements to Sandy Lake Road, 4,829-square feet of right-of-way will be required to be dedicated at the time of replatting. This dedication will result in a net acreage of 23,641-square feet, slightly less than the 24,000-square feet that would be required to legally plat this property into two conforming lots. To address the issue of lot size, the City has offered to only acquire 17 feet of the required 26 feet, as a dedication, with the remaining 9 feet being established as a sidewalk and utility easement. This will allow for the area of the lots, after dedication, to be in compliance with the SF-12 regulations. However, this compromise would be contingent upon: • The building setback lines along Sandy Lake being measured from the north line of the 9-foot easement adjacent to the future R.O.W. This condition is based on Article 32, Special and Additional Regulations, Sec. 12-32-2.9 of the Zoning Ordinance which states: “Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front or side yard shall be measured from the future right-of-way line.” • Given that this scenario will significantly reduce width of the right- of-way, leaving only one foot of parkway adjacent to the pavement adherence, the following two conditions are also required: A) The building setback line parallel to Sandy Lake also needs to be platted as fence line to preserve the view corridors and sight distances adjacent to this arterial thoroughfare, and B) The City shall have the right to remove any trees or other encumbrances within the 9-foot sidewalk and utility easement. SETBACK LINES The owner has stated that she intends to retain the existing home until after the home on the “new” lot is constructed and sold. This results in additional legal issues. First, the City cannot legally approve a replat that would render the existing home to be non-conforming. The existing home fronts on Oak Trail. To attempt to be in compliance with the SF-12 regulations, the setbacks have been drawn so that the front yard of this lot is on Sandy Lake and the side yard is towards Oak Trail. The re-designation of front and side yards of the existing home is in direct conflict with Sec. 12-32-2. of the Zoning Ordinance, which, in part, states “…..The front yard shall be measured from the property line to the front face of the building …..” As Item # 4 Page 4 of 6 shown on the attached pictures of the existing home, the actual front of the home is towards Oak Trail, and the only portion of the home visible from Sandy Lake is the garage, clearly not being the “front face” of the building. Additionally, when the new home is built on the eastern lot, the rear of the new house will back up to, and be within 31 feet of the front of the existing home, this is an inappropriate development pattern. To address this issue, staff had added a condition that prior to the issuance of a building permit for the new home on Lot 1-B-2, the existing home on Lot 1-B-1 needs to be removed. ACCESS/DRIVEWAYS Access to the existing and new home(s) is another issue. There are currently two access points serving this lot, one on Oak Trail and one on Sandy Lake. The access to Sandy Lake is a gravel drive, which has been added over an existing drainage area. The main access point is the existing concrete drive to Oak Trail. When this lot is replatted and redeveloped, adherence to current standards will be required. Specifically, Section 1.A.12 of the Subdivision Ordinance states: “Lots shall be so arranged that there will be no direct access from residential lots to collector and arterial streets”. This is a safety issue, and as such, no residential driveways shall be permitted from Sandy Lake Road. A legally platted mutual access easement shall be required to be provided from Lot 1-B-1 to Lot 1-B-2, and indicated on the plat as such. The existing concrete drive serving the existing home (Lot 1-B-1) must be relocated and/or placed in an dedicated access easement. ADHERENCE TO PLATTING OTHER REQUIREMENTS Normally, when a plat or replat is submitted for review and approval, preliminary drainage and utility plans and a full tree survey and mitigation plan are required. Given that the construction plans have not been prepared for either lot, staff has agreed to allow the fulfillment of these requirements be delayed prior to the issuance of a building permit for either lot. Notes to this effect have been added to the plat. Staff must note, however, that there are significant drainage issues associated with the development of these lots and that given the quantity and quality of trees existing on the eastern portion of this lot, the financial impact of the adherence to these ordinances will be significant. TECHNICAL DRAFTING ISSUES The plat document is also deficient due to not providing the following technical information required by the Subdivision Ordinance: 1. Inclusion of the Finished Floor Elevations on each lot. Item # 4 Page 5 of 6 2. Adding the metes and bounds description. 3. Provision of the Flood Plain Administrators signature block. SUMMARY To summarize, legally, this plat cannot be approved without providing for the required right-of-way for the improvements to Sandy Lake Road. If the full right-of- way is provided, as required by state laws and local ordinances, (refer to Sec. 13-1-3, Definition of Replat in the Subdivision Ordinance and §212.010 and §212.0115 of the Local Government Code) then the resultant lots would not be in conformance with the existing zoning on the property, and therefore this property needs to remain as one legal conforming lot. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending DENIAL of the replat, UNLESS the plat is revised to provide for the dedication 17 feet of R.O.W. with a 9-foot sidewalk and utility easement and the following conditions are met: 1) The 30-foot building setback line along Sandy Lake being measured from the north line of the 9-foot easement line adjacent to the future R.O.W., and shall also be a fence setback line. 2) A legally platted mutual access easement shall be provided from Lot 1- B-1 to Lot 1-B-2, and indicated on the plat as such. 3) No access/driveways being provided to Sandy Lake Road. 4) The following notes being added to the replat: • The City shall have the right to remove any trees or other encumbrances within the 9-foot sidewalk and utility easement. • Prior to the issuance of a building permit for the new home on Lot 1-B-2, the existing home on Lot 1-B-1 needs to be removed. 5) Inclusion of the Finished Floor Elevations on each lot. 6) Adding the metes and bounds description. 7) Provision of the Flood Plain Administrator’s signature block. 8) City Council approving a waiver of the alley requirement. Item # 4 Page 6 of 6 ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Pictures of existing conditions 2) Letter from Property Owner 3) Replat Dallas County, Texas - 28,470 square feet.as recorded in Volume 83102, Page 2642 of the Plat Records ofBlock A, of Shadydale Acres, an addition to the City of Coppell, Dallas County, Texasbeing a replat of Lot 1-B, The Replat of the South One-Half of Tract One,The Replat of the South One-Half ofLots 1-B-1 & 1-B-2November 2003Replat(Not to Scale)(Dallas Mapsco Page 1A-S)Vicinity MapN200 North Rufe Snow, Suite 123, Keller, Texas 76248 Tel: (817)431-4971 Fax: (817)431-4924Tel: (972)991-4475 Fax: (972)991-4243Surveyor:Danny Tosh Management Co, Inc.16051 Addison Road, Suite 206, LB 4Architect:Addison, Texas 75001N04020Scale: 1" = 20'60STATE OF TEXAS§COUNTY OF TARRANT§Before me, the undersigned authority, on the day personally appeared Jon P. Hoebelheinrich, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed, and in the capacity therein stated.GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ___ day of _____________, 2003.__________________________________Notary Public, in and for the State of TexasSurveyor's Certificate:That I, Jon P. Hoebelheinrich, a Registered Professional Land Surveyor of the State of Texas, do hereby state, to the best of my knowledge and belief, that I prepared this plat from an actual on the ground survey of the land as described, and that the corner monuments shown thereon were properly placed under my personal supervision.___________________Jon P. HoebelheinrichRegistered ProfessionalLand Surveyor No. 5478Date: PRELIMINARY: THIS DOCUMENT IS NOT TO BE RECORDED FOR ANY PURPOSE.Notes:1. The basis of bearings for this survey is the South line of Lots 1-A and 1-B of the Replat of the South One-Half of Tract One, Block A, of Shadydale Acres, an addition to the City of Coppell as recorded in Volume 83102, Page 2642 of the Plat Records of Collin County, Texas.2. The purpose of this replat is to subdivide Lot 1-B into two equal parts.3. The subject property lies within OTHER AREAS - ZONE X - Areas determined to be outside 500-year floodplain as shown on the National Flood Insurance Program's Flood Insurance Rate Map (FIRM) for Dallas County, Texas and Incorporated Areas, Panel 155 of 725, Map Number 48113C0155 J, effective August 23, 2001 as published by the Federal Emergency Management Agency (FEMA).Addison, Texas 75001Owner/Developer:16051 Addison Road, Suite 206AIMM Group (Christina Lawson)Tel: (214)632-6708 Fax: (972)991-4243Tract One, Block A, of Shadydale AcresSOUTH123.21' NORTH 148.21'NORTH 148.21'EAST193.00'WEST168.00'TR 1-C, Block C Rogers Auld Subdivision Volume 928, Page 2251 P.R.D.C.T. P.R.D.C.T. Volume 928, Page 2251 Rogers Auld Subdivision TR 1-A, Block CLot 1-AThe Replat of the South One-Halfof Tract One, Block A, of Shadydale AcresVolume 83102, Page 2642P.R.D.C.T.Lot 1-B-114,235 square feet14,235 square feetLot 1-B-2Tract No. 1, Block AShadydale AcresVolume 42, Page 95P.R.D.C.T.Lot 1, Block BGeorgian PlaceVolume 99119, Page 1P.R.D.C.T.P.R.D.C.T.Volume 99119, Page 1Georgian PlaceLot 2, Block BLot 3, Block BGeorgian PlaceVolume 99119, Page 1P.R.D.C.T.P.R.D.C.T.Volume 99119, Page 1Georgian PlaceLot 4, Block BLot 5, Block BGeorgian PlaceVolume 99119, Page 1P.R.D.C.T.P.R.D.C.T.Volume 99119, Page 1Georgian PlaceLot 14, Block BRight-of-Way Dedication, Volume 99119, Page 1, P.R.D.C.T.73.0' 72.1' 73.6'Sandy Lake Road(Variable Width R.O.W.)Oak Trail (60' R.O.W.)96.05'71.95'96.05'96.95'SET 5/8 INCH ALUMINUMCAPPED REBAR STAMPED"JPH LAND SURVEYING""JPH LAND SURVEYING"CAPPED REBAR STAMPEDSET 5/8 INCH ALUMINUMSET 5/8 INCH ALUMINUMCAPPED REBAR STAMPED"JPH LAND SURVEYING""JPH LAND SURVEYING"CAPPED REBAR STAMPEDSET 5/8 INCH ALUMINUMFOUNDONE INCHREBARWEST102.00'FOUND3/8 INCHREBARFOUND 5/8 INCHREBAR AT POINTOF INTERSECTION"JPH LAND SURVEYING"CAPPED REBAR STAMPEDSET 5/8 INCH ALUMINUMFOUND1/2 INCHREBAR40' Building Setback, Volume 42, Page 95, P.R.D.C.T.35' Building Setback, Volume 42, Page 95, P.R.D.C.T.5' Utility EasementVolume 42, Page 95P.R.D.C.T.Oak Trail Shadydale Sandy Lake RoadDenton Tap Rd. Summer Place Georgian SITECu rve - 1 Curve - 1Radius = 25.00'Arc Length = 39.27'Delta Angle = 90°00'00"Chord Length = 35.36'Chord Bearing = S45°00'00"WBill E. Mills, Jr.Volume 95046, Page 3384D.R.D.C.T.D.R.D.C.T.Volume 88118, Page 4111Dennis William Moss and wife, Karin Elizabeth MossThe developer, builder, seller, or agent shall inform in writing, each prospective buyer of subdivision lots or property located within special flood hazard areas of this site that such property is an an identified flood hazard area and that all development must conform to the provisions of the City of Coppell Floodplain Management Ordinance. The written notice shall be filed for record in the Deed Records of Dallas County, Texas and a copy of the notice must accompany the application for development permit.Floodplain Development Permit, Application No. ______ has been filed with the City of Coppell Floodplain Administrator.______________________________________Floodplain AdministratorDateUTILITY CERTIFICATEThis replat correctly presents the required utility easements for the developmentUTILITY COMPANYDATESIGNATUREVERIZONONCOR ELECTRICTXU GASCOMCASTThe undersigned, the City Secretary of the City of Coppell, Texas hereby certifies that the foregoing replat of LOTS 1-B-1 & 1-B-2, THE REPLAT OF THE SOUTH ONE-HALF OF TRACT ONE, BLOCK A, OF SHADYDALE ACRES, an addition to the City of Coppell, Dallas County, Texas was submitted to the City Council on the ___ day of ___________, 2003, and the Council, by formal action, then and there accepted the dedication of streets, alleys, parks, easements, public places, and water and sewer lines, as shown and set forth in and upon said replat and said Council further authorized the Mayor to note the acceptance thereof by signing his name as herein above subscribed.WITNESS MY HAND, this ___ day of ________________, 2003._____________________________City Secretary, City of Coppell, TexasRecommended for Approval:__________________________________________________________________Drew Halsey, Chairman, Planning and Zoning CommissionDateCity of CoppellApproved and Accepted:_____________________________________________________Doug Stover, Mayor, City of CoppellDate DEPT: Planning DATE: February 10, 2004 ITEM #: 14 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance to amend the Land Use Plan of the 1996 Comprehensive Master Plan from Neighborhood Retail to Residential Low Density on approximately 16.5 acres of property located north of Bethel Road; west of Denton Tap Road, and a zoning change for Case No. ZC-612(CH), from C (Commercial) to SF-12 (Single Family-12) on approximately 2.1 acres of property located north of Bethel, west of Denton Tap Roads, 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 approved these changes. Councilwoman Raines opposed the land use amendment and zoning change regarding ZC-612(CH) on approximately 2.1 acres of property (the McDowell tract). Councilmembers Peters, Raines and Suhy opposed the land use amendment for Case No. ZC-612.1(CH) on approximately 14.6 acres of property (the Alexander tract). Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @6LUPZC612(CH) ORD 1-AR 1 61611 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM C (COMMERCIAL) TO SF-12 (SINGLE FAMILY-12) ON APPROXIMATELY 2.1 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 NEIGHBORHOOD RETAIL TO RESIDENTIAL LOW DENSITY DESIGNATION ON THE TRACT OF LAND AS DESCRIBED HEREIN, AND AUTHORIZING THE DIRECTOR OF PLANNING TO AMEND THE LAND USE MAP IN ACCORDANCE WITH EXHIBIT “B”, ON APPROXIMATELY 16.5 ACRES LOCATED NORTH OF BETHEL ROAD, WEST OF DENTON TAP 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-612(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 C (Commercial) to SF-12 (Single Family-12) on approximately 2.1 acres of property being more particularly described in Exhibit “A” and further amending, in part, the Comprehensive Plan and the Land Use Map thereof by changing 2 61611 the designation from Neighborhood Retail to Residential Low Density designation on the tract of land as described herein, on approximately 16.5 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 61611 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 1/30/04 Reviewed & Revised) EXHIBIT A Page 1 of 2 ZC-612(CH) LEGAL DESCRIPTION Being a tract of land situated in the J.W. Anderson Survey, Abstract No. 18, City of Coppell, Dallas County, Texas; said tract of land being conveyed R.L. McDowell and Ruby McDowell according to the deed recorded in Volume 2368, Page 3, Deed Records, Dallas County, Texas, and a 20’ strip abandoned by the City of Coppell to the adjacent landowner to the south, according to the Big Cedar Addition Plat recorded in Volume 92125, Page 3455, Map Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a set 1/2 inch iron rod found at the north line of Bethel Road (a 75 foot R.O.W.) and the southeast corner of Lot 2, Block 1, Bethel Road Estates, an addition to the City as recorded in the Volume 2000134, Page 02875, Map Records, Dallas County, Texas; THENCE N 00°17’22” W, along the east line of said Bethel Road Estates, 372.25 feet to a set ½ inch iron rod with a plastic cap in the southeast line of Lot 2, Block 1, of the said Big Cedar Addition; THENCE N 84° 15’ 45” E, along the south line of the said Big Cedar Addition 128.46 feet to a set P.K. Nail; THENCE N 13°37’51”E, continuing along the said Big Cedar Addition and the westerly line of an abandoned 20 foot strip of land by the City of Coppell, a distance of 48.21 feet to a point for corner; THENCE N 37°23’05” E, a distance of 68.2 feet to set 1/2 inch iron rod at the south right of way line of the cul-de-sac at the end of Harris Road; THENCE along the curve to the right of Harris Road with a radius of 50 feet, a central angle of 51°02’34”, a chord bearing N 65°02’35” E, and a chord length of 43.08 feet; THENCE continuing along the said R.O.W. an arc length of 44.54 feet to a set 1/2 inch rod at the east R.O.W. line of an abandoned 20 foot strip of land by the City of Coppell; THENCE S 37°23’09” W, along the easterly R.O.W. of the abandoned 20 foot strip of land by the City of Coppell, a distance of 38.16 feet to a set 1\2 inch iron rod; THENCE S 37°23’05” W, along the abandoned easterly R.O.W. a distance of 64 feet to a set P.K. Nail; THENCE S 13°37’51” W, along the abandoned easterly R.O.W. a distance of 43.62 feet to a set P.K. nail; EXHIBIT A Page 2 of 2 THENCE N 89°42’38” E, a distance of 74.36 feet to a point for corner; THENCE S 00°57’02” E, along the east line of the said Ruby McDowell Tract and J.W. Anderson Survey , a distance of 380.03 feet to a set 1/2 inch iron rod in the northerly R.O.W. line of Bethel Road; THENCE S 89°42’38” W, a distance of 226.12 feet to the POINT OF BEGINNING and containing 87,404 square feet or 2.01 acres of land more or less. c i t y o f c o p p e l l Planning Department Neighborhood Retail to Residential Low Density NEXHIBIT “B” DEPT: Planning DATE: February 10, 2004 ITEM #: 15 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for 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, 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 December 18, 2003, the Planning Commission unanimously approved this zoning change (7-0). On January 13, 2004, Council approved this zoning change (4-3) with Councilmembers Tunnell, Suey and York voting for denial. Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @7PD-131R5 ORD 1-AR 1 62287 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 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, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF A REVISED SITE PLAN AND FLOOR PLAN, ATTACHED HERETO AS EXHIBITS “B” AND “C”, 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-131R5 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 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 2 62287 Court 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 following development conditions set forth: A. That accept as amended herein, the property shall be developed in accordance with Ordinance 91500-A-119, which is incorporated herein as set forth in full and hereby republished. B. The site shall be developed in accordance with the site plan and floor plan which are attached hereto as a further condition. SECTION 3.That the Site Plan and Floor Plan, 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 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 62287 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 1/28/04) [reviewed & revised only] EXHIBIT “A” Legal Description of 829 Kings Canyon Court Being Lot 7, Block B of the Estates of Cambridge Manor, an addition to the City of Coppell, Dallas County, Texas, according to the Plat thereof recorded in Volume 94250, Page 346, Map Records Dallas County. DATE: February 10, 2004 ITEM #: 16 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: February 10, 2004 ITEM #: 17 AGENDA REQUEST FORM CITY MANAGER'S REPORT A. Streamline Sales Tax and Public School Finance Update. Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: February 10, 2004 ITEM #: 18 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Repor t by Mayor Stover regarding Father/Daughter and Mother/Son Dance. B. Repor t by Mayor Pro Tem Peters regarding Joint Mayors' Meeting with Tarrant County Mayors. C. Repor t by Mayor Pro Tem Peters regarding Historical Marker at Grapevine Springs Pa r k . Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: February 10, 2004 ITEM #: 19 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: February 10, 2004 ITEM #: 20 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec