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CP 2004-06-22 NOTICE OF CITY COUNCIL MEETING AND AGENDA JUNE 22, 2004 DOUG STOVER, DIANA RAINES, Place 3 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5 JAYNE PETERS, Place 2 THOM SUHY, Place 6 MARSHA TUNNELL, Place 4 BILL YORK, Place 7 JIM WITT, City Manager MEETING TIME AND PLACE: Call to Order 5:30 p.m. Council Chambers (Open to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:00 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, June 22, 2004, at 5:30 p.m. for Work Session 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. ag062204 Page 1 of 4 ITEM # ITEM DESCRIPTION WORK SESSION (Open to the Public) 2. Convene Work Session A. Presentation by Police Depar tment regarding New Equipment. B. Discussion of Animal Control Ordinance. C. Discussion of CDBG Program. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 3. Invocation. 4. Pledge of Allegiance. 5. Presentation of Cer tificate of Recognition from Texas Comptroller Carole Keeton Strayhorn to the city of Coppell for our effor ts and commitment to energ y efficiency and improving the air quality in the state of Texas. 6. Citizens' Appearances. CONSENT AGENDA 7. Consider approval of the following consent agenda items: A. Consider approval of minutes: June 8, 2004. B. Consider approval of a grant to the Coppell Independent School District in the amount of $127,000.00 for quality library print collections on 13 campuses, and authorizing the City Manager to sign. C. Consider approval of a grant for The Nor th Hills School in the amount of $17,756.26 for computer equipment and textbooks for sixth and seventh grades, and authorizing the City Manager to sign. END OF CONSENT 8. Consider approval of an Ordinance for 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, ag062204 Page 2 of 4 ITEM # ITEM DESCRIPTION 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., and authorizing the Mayor to sign. 9. Consider approval of an Agreement of Cooperation for an Urban County Community Development Block Grant program, and authorizing the Mayor to sign. 10. Necessary action resulting from Work Session. 11. City Manager's Repor t. A. Move-Over Law. 12. Mayor and Council Repor ts. A. Repor t by Mayor Stover regarding 4th of July festivities. B. Repor t by Mayor Stover regarding change in July Council Meeting date. C. Repor t by Mayor Stover regarding PAC comments from Senator Florence Shapiro. D. Report by Mayor Stover regarding Town Hall comments from Commissioner Ken Mayfield. E. Repor t by Mayor Stover regarding Copperhead Baseball. 13. 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. ag062204 Page 3 of 4 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 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. ag062204 Page 4 of 4 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: June 22, 2004 ITEM #: WS-2 AGENDA REQUEST FORM WORK SESSION A. Presentation by Police Department regarding New Equipment. B. Discussion of Animal Control Ordinance. C. Discussion of CDBG Program. D. Discussion of Agenda Items. Agenda Request Form - Revised 02/04 Document Name: %worksession “Sec. 9-1-15. Animal nuisances. The following shall be considered a public nuisance and shall be unlawful: . . . . . F. It shall be unlawful and constitute a public nuisance for any person to maintain any animal which repeatedly roams at large in violation of this chapter on public or private property, attacks another animal(s), or damages public or private property.” DEPT: City Manager DATE: June 22, 2004 ITEM #: 5 AGENDA REQUEST FORM ITEM CAPTION: Presentation of Certificate of Recognition from Texas Comptroller Carole Keeton Strayhorn to the city of Coppell for our efforts and commitment to energy efficiency and improving the air quality in the state of Texas. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: !AirQuality DATE: June 22, 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: %citapp.doc DEPT: City Secretary DATE: June 22, 2004 ITEM #: 7/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of minutes: June 8, 2004 GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: %minutes CM060804 Page 1 of 16 MINUTES OF JUNE 8, 2004 The City Council of the City of Coppell met in Regular Called Session on Tuesday, June 8, 2004, at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Diana Raines, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Thom Suhy, Councilmember Councilmember York was absent from the meeting. Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. REGULAR SESSION (Open to the Public) 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.074, Texas Government Code - Personnel Matters. 1. Requirements for the licensing of an Emergency Medical Services Officer. Mayor Stover convened into Executive Session at 6:09 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 6:26 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion of Sign Ordinance. CM060804 Page 2 of 16 B. Review Council Goals and Objectives for FY 2005. C. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. Councilmember Tunnell led those present in the Invocation. 5. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 6. Citizens' Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 7. Consider approval of the following consent agenda items: A. Consider approval of minutes: May 25, 2004. B. Consider approval of funding the city’s share of the FY 2002 CDBG project, the Golden Triangle Mobile Home Park water line and fire hydrant installation; and authorizing the City Manager to execute the necessary documents to provide escrow funding to the City of Dallas. C. Consider approval of a license agreement between the City of Coppell and Dallas Fort Worth International Airport concerning the reconstruction and widening of Bethel Road adjacent to property owned by DFW Airport; and authorizing the City Manager to sign. CM060804 Page 3 of 16 Action: Councilmember Suhy moved to approve Consent Agenda Items A, B, and C. Councilmember Brancheau seconded the motion, the motion carried 6-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught and Suhy voting in favor of the motion. 8. PUBLIC HEARING: Consider approval of Case No. PD-201-TH-2, Riverchase Townhomes, Lots 1-49, zoning change request from LI (Light Industrial) to PD-201-TH-2 (Planned Development-201, Townhouse-2) to allow the construction of 48 single-family attached homes and common area on 4.42 acres of property located along the east side of MacArthur Boulevard, approximately 1,400 feet north of Riverchase Drive, and consider approval of an amendment to the Land Use Plan of the 1996 Comprehensive Master Plan from Light Industrial/Showroom to Residential High Density. Presentation: Gary Sieb, Planning Director, made a presentation to Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Faught moved to close the Public Hearing and approve Case No. PD-201-TH-2, Riverchase Townhomes, Lots 1-49, zoning change request from LI (Light Industrial) to PD-201-TH-2 (Planned Development-201, Townhouse-2) to allow the construction of 48 single- family attached homes and common area on 4.42 acres of property located along the east side of MacArthur Boulevard, approximately 1,400 feet north of Riverchase Drive, and consider approval of an amendment to the Land Use Plan of the 1996 Comprehensive Master Plan from Light Industrial/Showroom to Residential High Density. Mayor Pro Tem Raines seconded the motion, the motion carried 5-1 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Faught and Suhy voting CM060804 Page 4 of 16 in favor of the motion and Councilmember Tunnell voting against the motion. 9. Consider approval of the Riverchase Townhomes Addition, Lots 1-49, Preliminary Plat, to allow the construction of 48 single- family attached homes and common area on 4.42 acres of property located along the east side of MacArthur Boulevard, approximately 1,400 feet north of Riverchase Drive. Presentation: Gary Sieb, Planning Director, made a presentation to Council. Jason Rose, Applicant, answered questions from Council. Action: Councilmember Peters moved to approve the Riverchase Townhomes Addition, Lots 1-49, Preliminary Plat, to allow the construction of 48 single-family attached homes and common area on 4.42 acres of property located along the east side of MacArthur Boulevard, approximately 1,400 feet north of Riverchase Drive subject to the following conditions: 1) Establish a Homeowners Association to maintain all common areas in this development. 2) Abide by Engineering comments related to this Plat document as follows: a. All off-street parking shall be on HOA owned maintained lots. b. All sidewalks on private property will need to be in sidewalk easement. Drainage Area Map – a. You show a large area of the City Park and ballfields to the NW of this property draining through this development. Indicate how that drainage will be picked up and conveyed through the site to an appropriate outfall. b. The developer will need to obtain written authorization to grade any areas on the adjacent private property. CM060804 Page 5 of 16 c. Additional comments may be generated during full Engineering review. Preliminary Water & Sewer Line – a. Verify that the 24” and 12” lines are shown properly; make sure you are tying into the 12” line, not the 24” line. b. For the connection of the sanitary sewer to the existing stub out: verify that the stub out is really there, and that the elevation works for you’re proposed sewer line. c. Remove the General Note that “water service is ¾” with bullhead connections.” d. Valve spacing needs to be no greater than 500’ per the Subdivision Ordinance. e. The Engineering Dept. will work with the developer to provide a looped fire line during full Engineering review. The developer will need to acquire one easement across our park property, as well as permission to cross a city of Irving water line. 3) Final Plat must be submitted as black-line prints. 4) The Park information disclosure statement will be included on the contract and plat and approved by the Planning Director. Councilmember Suhy seconded the motion, the motion carried 5-1 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Faught and Suhy voting in favor of the motion and Councilmember Tunnell voting against the motion. Councilmember Peters moved to give Final Plat approval to the Planning and Zoning Commission. Mayor Pro Tem Raines seconded the motion, the motion carried 6-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught and Suhy voting in favor of the motion. CM060804 Page 6 of 16 10. PUBLIC HEARING: Consider approval of Case No. S-1030R, Daddy Jack’s, zoning change request from C-S-1030 (Commercial-Special Use Permit- 1030) to C-S-1030R (Commercial, Special Use Permit-1030 Revised), to allow an outdoor seating area along the south side of the existing restaurant and private club located in Suite 101 of the Braewood Shopping Center, 150 S. Denton Tap Road. Presentation: Gary Sieb, Planning Director, made a presentation to Council. Matt Kostial, Applicant, answered questions from Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Suhy moved to close the Public Hearing and approve Case No. S-1030R, Daddy Jack's, zoning change request from C-S-1030 (Commercial-Special Use Permit-1030) to C-S-1030R (Commercial, Special Use Permit-1030 Revised), to allow an outdoor seating area along the south side of the existing restaurant and private club located in Suite 101 of the Braewood Shopping Center, 150 S. Denton Tap Road subject to the following conditions: 1) The development shall be in accordance with the site plan, patio plan and revised floor plan. 2) The hours of operation shall not exceed 6 p.m. to 10 p.m., seven days a week, and lunch service on Friday from 11 a.m. to 2 p.m. 3) There shall be no preparation or staging of food and/or beverages on this patio. 4) Table lighting and outdoor music shall be allowed in accordance with City Ordinance. There shall be no live music allowed on the patio. Outside music level shall not exceed the interior music level. CM060804 Page 7 of 16 5) 4 foot hedge from the East end of fence to middle of arc of fence. Councilmember Faught seconded the motion, the motion carried 5-1 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Faught and Suhy voting in favor of the motion and Councilmember Tunnell voting against the motion. 11. PUBLIC HEARING: Consider approval of Case No. S-1215, Kountry Donuts & Cafe, zoning change request from C (Commercial) to C-S-1215 (Commercial, Special Use Permit-1215), to allow a 1,400- square-foot restaurant with drive-through service on 0.49 of an acre property located along the west side of S. Denton Tap Road, approximately 500 feet north of Southwestern Blvd. Presentation: Gary Sieb, Planning Director, made a presentation to Council. Terry Cunningham, Architect representing the Applicant, addressed Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Brancheau moved to close the Public Hearing and approve Case No. S-1215, Kountry Donuts & Cafe, zoning change request from C (Commercial) to C-S-1215 (Commercial, Special Use Permit-1215) to allow a 1,400-square-foot restaurant with drive-through service on 0.49 of an acre property located along the west side of S. Denton Tap Road, approximately 500 feet north of Southwestern Road subject to the following conditions: 1) The site shall be developed in accordance with the site plan, revised landscape plan, revised monument sign elevations and floor plan. CM060804 Page 8 of 16 2) The hours of operations shall not exceed 5 a.m. to 10 p.m., seven days a week. 3) Compliance with the Engineering plat comments as follows: Plat a. An 18’ x 60’ access easement has been dedicated on the adjacent property, please provide a copy of the filed document for our records. Preliminary Utility Plan a. The City is in the process of designing a replacement for the existing 8” water main that you show to tie into. We need to coordinate on the design to enable you to extend your service to the new line in the future. b. The City would like to see only one tap on that line with some coordination on allowing for domestic and irrigation off a single tap. Preliminary Grading Plan a. In your General Notes you reference site grading subgrade preparation will be done in accordance with the recommendations in the soils report. That is acceptable as long as the minimum Coppell standards are applied. Anything recommended above our minimum standards is acceptable. b. There is some question as to how Drainage Area 2 is picked up and conveyed to the storm sewer. I recommend that an inlet be constructed onsite to capture that drainage. Sheet flow into Denton Tap Road will not be acceptable. c. Include in your drainage data table a discharge point. Additional requirements may be identified during full engineering review. 4. Allow a menu board, maximum size 4’ x 8’, with no speaker. CM060804 Page 9 of 16 Councilmember Peters seconded the motion, the motion carried 6-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught and Suhy voting in favor of the motion. 12. Consider approval of the Kountry Donuts & Cafe Addition, Lot 1, Block 1, Minor Plat, to allow a 1,400-square-foot restaurant with drive-through service on 0.49 of an acre property located along the west side of S. Denton Tap Road, approximately 500 feet north of Southwestern Blvd. Presentation: Gary Sieb, Planning Director, made a presentation to Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Brancheau moved to approve the Kountry Donuts & Cafe Addition, Lot 1, Block 1, Minor Plat, to allow a 1,400-square-foot restaurant with drive-though service on 0.49 of an acre property located along the west side of S. Denton Tap Road, approximately 500 feet north of Southwestern Boulevard subject to the following conditions: 1) Record, by separate instrument, the fire lane easement south of the property. The document and recording information for all adjacent offsite easements will need to be provided to the City Engineer prior to plat release for recordation. (DRAFT OF FIRE LANE EASEMENT SUBMITTED) 2) Compliance with the Engineering comments as follows: Plat a. An 18’ x 60’ access easement has been dedicated on the adjacent property, please provide a copy of the filed document for our records. Preliminary Utility Plan a. The City is in the process of designing a replacement for the existing 8” water main that you show to tie into. We need to coordinate on CM060804 Page 10 of 16 the design to enable you to extend your service to the new line in the future. b. The City would like to see only one tap on that line with some coordination on allowing for domestic and irrigation off a single tap. Preliminary Grading Plan a. In your General Notes you reference site grading subgrade preparation will be done in accordance with the recommendations in the soils report. That is acceptable as long as the minimum Coppell standards are applied. Anything recommended above our minimum standards is acceptable. b. There is some question as to how Drainage Area 2 is picked up and conveyed to the storm sewer. I recommend that an inlet be constructed onsite to capture that drainage. Sheet flow into Denton Tap Road will not be acceptable. c. Include in your drainage data table a discharge point. Additional requirements may be identified during full engineering review. Councilmember Suhy seconded the motion, the motion carried 6-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught and Suhy voting in favor of the motion. 13. PUBLIC HEARING: Consider approval of Case No. PD-145R3, Woodridge, Section 5, Lot 58, Block A, zoning change request from PD-145R (Planned Development-145 Revised) to PD-145R3 (Planned Development-145 Revision-3), to allow the construction of a carport to extend to the rear property line (a variance of 3 feet) located at 1040 Mapleleaf Lane. Presentation: Gary Sieb, Planning Director, made a presentation to Council. CM060804 Page 11 of 16 Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Faught moved to close the Public Hearing and approve Case No. PD-145R3, Woodridge, Section 5, Lot 58, Block A, zoning change request from PD-145R (Planned Development-145 Revised) to PD- 145R3 (Planned Development-145 Revision 3), to allow the construction of a carport to extend to the rear property line (a variance of 3 feet) located at 1040 Mapleleaf Lane subject to the following conditions: 1) Closely match the brick used for the columns with the material on the home. 2) Engineered foundation plans will be required as part of the building permit submittal. Councilmember Tunnell seconded the motion, the motion carried 6-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught and Suhy voting in favor of the motion. 14. Consider approval of the Sandy Lake Crossing Addition, Lot 2R, Block 1, Site Plan, to allow the construction of an approximate 7,200-square-foot retail building on 0.737 of an acre of property located along the south side of Sandy Lake Road, approximately 200 feet west of Denton Tap Road. Presentation: Gary Sieb, Planning Director, made a presentation to Council stating Applicant asked for item to be continued. Action: Councilmember Tunnell moved to postpone Sandy Lake Crossing Addition, Lot 2R, Block 1, Site Plan, to allow the construction of an approximate 7,200-square foot retail building on 0.737 of an acre of property located along the south side of Sandy Lake Road, approximately 200 feet west of Denton Tap Road until July 6, 2004. Councilmember Suhy seconded the motion, the motion carried 6-0 with Mayor Pro Tem CM060804 Page 12 of 16 Raines and Councilmembers Brancheau, Peters, Tunnell, Faught and Suhy voting in favor of the motion. 15. PUBLIC HEARING: Consider approval of the Sandy Lake Crossing Addition, Lot 2R, Block 1, Replat, being a replat of Lot 2, Block 1 of the Sandy Lake Crossing Addition, to allow the construction of an approximate 7,200-square-foot retail building on 0.737 of an acre of property located along the south side of Sandy Lake Road, approximately 200 feet west of Denton Tap Road. Presentation: Gary Sieb, Planning Director, made a presentation to Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Tunnell moved to close the Public Hearing and deny Sandy Lake Crossing Addition, Lot 2R, Block 1, Replat, being a replat of Lot 2, Block 1 of the Sandy Lake Crossing Addition, to allow the construction of an approximate 7,200-square-foot retail building on 0.737 of an acre of property located along the north side of Sandy Lake Road, approximately 1,300 feet east of S.H. 121 and direct staff to re- advertise this item for consideration on July 6, 2004. Mayor Pro Tem Raines seconded the motion, the motion carried 6-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught and Suhy voting in favor of the motion. 16. Consider approval of the West Sandy Lake Road Addition, Lot 1, Block 1 (Ferguson), Site Plan, to allow the construction of an approximate 604,800-square-foot office/warehouse on 31.6 acres of property located along the north side of Sandy Lake Road, approximately 1,300 feet east of SH 121. Presentation: Gary Sieb, Planning Director, made a presentation to Council. CM060804 Page 13 of 16 John Taylor, Applicant, addressed questions of Council. Ken Griffin, Director of Engineering, addressed questions of Council. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session Section 551.071, Texas Government Code – Consultation with City Attorney. Mayor Stover convened into Executive Session at 8:28 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 8:40 p.m. and reopened the Regular Session. REGULAR SESSION (Open to the Public) Action: Councilmember Brancheau moved to approve the West Sandy Lake Road Addition, Lot 1, Block 1 (Ferguson), Site Plan, to allow the construction of an approximate 604.800-square-foot office/warehouse on 31.6 acres of property located along the north side of Sandy Lake Road, approximately 1,300 feet east of S.H. 121 subject to the following conditions: 1) TxDOT approval for the access to S.H. 121. 2) Contingent that the revised Landscape Plan and Tree Preservation Retribution Plan be brought and submitted in six (6) months and prior to the issuance of the Certificate of Occupancy. Councilmember Peters seconded the motion, the motion carried 6-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught and Suhy and voting in favor of the motion. 17. Consider approval of the West Sandy Lake Road Addition, Lot 1, Block 1 (Ferguson), Minor Plat, to allow the construction of an approximate 604,800-square-foot office/warehouse on 31.6 acres of property located along the north side of Sandy Lake Road, approximately 1,300 feet east of SH 121. CM060804 Page 14 of 16 Presentation: Gary Sieb, Planning Director, made a presentation to Council. Action: Councilmember Tunnell moved to approve the West Sandy Lake Road Addition, Lot 1, Block 1 (Ferguson), Site Plan, to allow the construction of an approximate 604,800-square-foot office/warehouse on 31.6 acres of property located along the north side of Sandy Lake Road, approximately 1,300 feet east of S.H. 121 subject to the following conditions: 1) Compliance with Engineering Department comments as follows: a. The flag-shaped lot that allows access to S.H. 121 – the driveway will need to be approved and permitted by TxDOT, and it will impact the surrounding properties. Only certain driveway spacing is allowed which means that shared access may be a consideration for the benefit of future developments along that corridor. b. We request a copy for our files of the 50’ mutual access and fire lane easement granted by separate instrument on the property to the east. c. We need to have for our files some type of easement or agreement on the drainage situation. We are concentrating a lot of water into a small point and discharging it onto the property to the east of this development. Has this been addressed with the adjacent property owner? Preliminary Water & Waterwater Plan a. Proposed sanitary sewer line needs to tie into the line in Sandy Lake Road rather than the line on the adjacent private property. Additional comments may be generated during full engineering review. CM060804 Page 15 of 16 Mayor Pro Tem Raines seconded the motion, the motion carried 6-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught and Suhy voting in favor of the motion. 18. PUBLIC HEARING (continued): Consider approval of a text amendment to Chapter 12, Zoning, of the Code of Ordinances, Section 12-29-4.2(A) regarding Sign Regulations for Business districts. Presentation: Gary Sieb, Planning Director, made a presentation to Council. Action: Councilmember Suhy moved to continue hearing until July 6, 2004. Councilmember Peters seconded the motion, the motion carried 6-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught and Suhy voting in favor of the motion. 19. Necessary action resulting from Work Session. There was no action necessary on this item. 20. City Manager's Report. A. Update on Fire Chief selection process. A. City Manager Jim Witt announced that Robert Halton has been appointed as the Coppell Fire Chief. 21. Mayor and Council Reports. A. Report by Mayor Stover regarding Graduation. B. Report by Mayor Stover regarding Ken Mayfield Town Hall. C. Report by Mayor Pro Tem Raines regarding Metroplex Mayors' Breakfast Meeting. D. Report by Councilmember Peters regarding Partners in Mobility Conference. CM060804 Page 16 of 16 A. Mayor Stover reported on the recent Coppell High School Graduation. B. Mayor Stover announced that Commissioner Ken Mayfield will hold a Town Meeting at 7:00 p.m. on Monday, June 14, 2004 at Coppell Town Center. C. Mayor Pro Tem Raines reported on the Metroplex Mayor’s Meeting she attended where the speaker was Representative Fred Hill who spoke on school finance. D. Councilmember Peters reported on the Partners in Mobility Conference she attended May 29, 2004 in Austin. Some items discussed were regional rail and toll conversions. 22. Necessary Action Resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. ___________________________ Douglas N. Stover, Mayor ATTEST: ______________________________________ Libby Ball, City Secretary DEPT: City Manager DATE: June 22, 2004 ITEM #: 7/B AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a grant to the Coppell Independent School District in the amount of $127,000.00 for quality library print collections on 13 campuses, and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: !Library _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 1 STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION § COUNTY OF DALLAS § GRANT AGREEMENT This Educational Development Grant Agreement (“Agreement”) is made by and between the city of Coppell, Texas (“CITY”), Coppell Education Development Corporation (“CEDC”) and the Coppell Independent School District (the “CISD”), acting by and through their respective authorized officers. W I T N E S S E T H : WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide educational development grants to publicly funded institutions through the CEDC for the promotion of literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the CITY seeks to support programs for promoting literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the CISD has submitted a grant application No. 2004-L01 to provide funding for quality library print collections (the PROJECT), to serve students residing in Coppell at thirteen (13) campuses in the CISD; and WHEREAS, the CISD has developed the PROJECT using the Crew Method of expanded guidelines for collection evaluation and weeding, and increased collaboration among students, teachers, and librarians; and WHEREAS, the PROJECT will allow CISD libraries to impact the literacy level of every student by providing additional, meaningfully selected print resources; and WHEREAS, CISD is in need of funding quality library print collections, and seeks the assistance of the CEDC for such assistance; and WHEREAS, the CITY has determined that making an education development grant to the CISD in accordance with this Agreement will further the objectives of the CITY, will benefit the CITY and CITY’S inhabitants and will promote literacy in the CITY. NOW THEREFORE, in consideration of the foregoing, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged on the terms and conditions hereinafter set forth, the parties agree as follows: _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 2 GENERAL PROVISIONS 1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to provide the CISD an education development grant (the “GRANT”) in an amount of One Hundred Twenty-seven Thousand Dollars and no cents ($127,000.00) subject to availability of funds. 2.CISD agrees to utilize the GRANT to fund quality library print collections to serve students residing in Coppell at thirteen (13) campuses in the CISD. 3.CITY agrees to provide the GRANT of One Hundred Twenty-seven Thousand Dollars and no cents ($127,000.00) subject to availability of funds payable on a quarterly basis with the first payment to be made on or before August 1, 2004. Funds to be expended in accordance with the budget categories set forth in the GRANT application. 4. On a quarterly basis beginning no later than November 15, 2004 the CISD shall submit a detail list of expenditures for this GRANT to the CEDC. The detailed list of expenditures shall include all purchase orders and other financial documents, which address the GRANT expenditures by category as approved by the CEDC, and reflected in Item 3 of this AGREEMENT. CISD shall also provide documentation related to the number of students served, grade level served, as well as any other information that reflects the success of the Library Print Collection Program. 5. In the event the CISD breaches any of the terms of this AGREEMENT or fails to use the GRANT for the purposes set forth herein, then the CISD, after expiration of the notice and cure period described herein, shall be in default of this AGREEMENT. As liquidated damages in the event of such default, the CISD shall, within thirty (30) days after demand, repay to the CITY, the GRANT with interest at the rate of eight percent (8%) per annum from the date of receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of default would be speculative and difficult to determine. Upon breach by CISD of any obligations under this AGREEMENT, the CITY shall notify the CISD in writing, who shall have thirty (30) days from receipt of the notice in which to cure such default. If CISD fails to cure the default within the time provided herein, or, as such time period may be extended, then the CITY at its sole option, shall have the right to terminate this AGREEMENT without further notice to the CISD. 6. The terms and conditions of this AGREEMENT are binding upon the successors and assigns of all parties hereto. This AGREEMENT may not be assigned without the express written consent of CITY and CEDC. 7. It is understood and agreed between the parties that CISD, in the use of the GRANT and in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with these actions. CISD agrees to indemnify and hold harmless the CITY and the CEDC from all such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 3 fees, of any nature whatsoever arising out of the CISD’S performance of the conditions under this AGREEMENT. 8. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage pre-paid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the signature of the party. 9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for any action concerning this AGREEMENT shall be in the State District Court of Dallas County, Texas. 10. In the event any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. EXECUTED this _______ day of _____________________, 2004. CITY OF COPPELL, TEXAS By: ______________________________________ JIM WITT, CITY MANAGER 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 ATTEST: By: ______________________________________ LIBBY BALL, CITY SECRETARY EXECUTED this _______ day of _____________________, 2004. COPPELL EDUCATION DEVELOPMENT CORPORATION By: ______________________________________ Betty Carter, PRESIDENT 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 4 ATTEST: By: ______________________________________ SIGNED this ______ day of ________________, 2004. COPPELL INDEPENDENT SCHOOL DISTRICT By: ______________________________________ DR. JEFF TURNER, SUPERINTENDENT Coppell Independent School District 200 S. Denton Road Coppell, Texas 75019 ATTEST: By: ______________________________________ CITY’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of _______________, 2004, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 5 COPPELL EDUCATION DEVELOPMENT CORPORATION STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2004, by Betty Carter, President of Coppell Education Development Corporation, on behalf of said corporation. Notary Public, State of Texas My Commission expires: COPPELL INDEPENDENT SCHOOL DISTRICT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2004, by Dr. Jeff Turner, Superintendent of Coppell Independent School District, on behalf of said district. Notary Public, State of Texas My Commission expires: DEPT: City Manager DATE: June 22, 2004 ITEM #: 7/C AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a grant for The North Hills School in the amount of $17,756.26 for computer equipment and textbooks for sixth and seventh grades, and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: !NorthHills _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 1 STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION § COUNTY OF DALLAS § GRANT AGREEMENT This Educational Development Grant Agreement (“Agreement”) is made by and between the City of Coppell, Texas (“CITY”), Coppell Education Development Corporation (“CEDC”) and The North Hills School (the “NHS”), acting by and through their respective authorized officers. W I T N E S S E T H : WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide educational development grants to publicly funded institutions through the CEDC for the promotion of literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the CITY seeks to support programs for promoting literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the NHS has submitted a grant application No. 2004-T01 to provide funding for computer equipment and textbooks for the NHS sixth and seventh grades (the PROJECT) for the purpose of learning Microsoft Office Applications; and WHEREAS, the NHS has developed the PROJECT in order to purchase 21 new computers and 21 Microsoft Office Applications: Introductory textbooks; and WHEREAS, NHS is in need of funding the equipment and textbooks for their middle school technology teachers, and seeks the assistance of the CEDC; and WHEREAS, the CITY has determined that making an education development grant to the NHS in accordance with this Agreement will further the objectives of the CITY, will benefit the CITY and the CITY’S inhabitants and will promote career technology in the CITY; NOW THEREFORE, in consideration of the foregoing, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged on the terms and conditions hereinafter set forth, the parties agree as follows: GENERAL PROVISIONS 1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to provide the NHS an education development grant (the “GRANT”) in an amount not to exceed Seventeen Thousand Seven Hundred Fifty-six Dollars and Twenty-six cents ($17,756.26). 2.NHS agrees to utilize the GRANT to purchase textbooks for students in grades sixth and seventh within the NHS. _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 2 3.CITY agrees to provide the GRANT of Seventeen Thousand Seven Hundred Fifty-six Dollars and Twenty-six cents ($17,756.26) funds payable semiannually with first payment due no earlier than August 1, 2004. Funds to be expended in accordance with the budget categories set forth in the GRANT application. 4. No later than November 15, 2004 the NHS shall submit the receipts for 21 computers and 21 textbooks purchased for this GRANT to the CEDC. The detailed expenditures shall include, but not be limited to, copies of invoices. 5. In the event the NHS breaches any of the terms of this AGREEMENT or fails to use the GRANT for the purposes set forth herein, then the NHS, after expiration of the notice and cure period described herein, shall be in default of this AGREEMENT. As liquidated damages in the event of such default, the NHS shall, within thirty (30) days after demand, repay to the CITY, the GRANT with interest at the rate of eight percent (8%) per annum from the date of receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of default would be speculative and difficult to determine. Upon breach by NHS of any obligations under this AGREEMENT, the CITY shall notify the NHS in writing, who shall have thirty (30) days from receipt of the notice in which to cure such default. If NHS fails to cure the default within the time provided herein, or, as such time period may be extended, then the CITY at its sole option, shall have the right to terminate this AGREEMENT without further notice to the NHS. 6. The terms and conditions of this AGREEMENT are binding upon the successors and assigns of all parties hereto. This AGREEMENT may not be assigned without the express written consent of CITY and CEDC. 7. It is understood and agreed between the parties that NHS, in the use of the GRANT and in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with these actions. NHS agrees to indemnify and hold harmless the CITY and the CEDC from all such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s fees, of any nature whatsoever arising out of the NHS’S performance of the conditions under this AGREEMENT. 8. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage pre-paid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the signature of the party. 9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for any action concerning this AGREEMENT shall be in the State District Court of Dallas County, Texas. 10. In the event any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 3 EXECUTED this _______ day of _____________________, 2004. CITY OF COPPELL, TEXAS By: ______________________________________ JIM WITT, CITY MANAGER 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 ATTEST: By: ______________________________________ EXECUTED this _______ day of _____________________, 2004. COPPELL EDUCATION DEVELOPMENT CORPORATION By: ______________________________________ BETTY CARTER, PRESIDENT 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 ATTEST: By: ______________________________________ _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 4 SIGNED this ______ day of ________________, 2004. NORTH HILLS SCHOOL By: ______________________________________ RAYMOND E. DOERGE DIRECTOR OF STUDENT LIFE North Hills School 606 E. Royal Lane Irving, Texas 75039 ATTEST: By: ______________________________________ CITY’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of _______________, 2004, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 5 COPPELL EDUCATION DEVELOPMENT CORPORATION STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2004, by Betty Carter, President of Coppell Education Development Corporation, on behalf of said corporation. Notary Public, State of Texas My Commission expires: NORTH HILLS SCHOOL STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2004, by Raymond E. Doerge, Director of Student Life, North Hills School, on behalf of said school. Notary Public, State of Texas My Commission expires: DEPT: Planning DATE: June 22, 2004 ITEM #: 8 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for 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., 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 denied this zoning change (5-2). On April 13, 2004, Council approved the appeal of this zoning change (6-1). Agenda Request Form - Revised 02/04 Document Name: @ 1PD-199 ORD 1-AR 1 63036 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 “HC” (HIGHWAY COMMERCIAL) TO “PD-199- HC” (PLANNED DEVELOPMENT-199-HIGHWAY COMMERCIAL) TO ALLOW FOR THE DEVELOPMENT OF SIX OFFICE/ASSEMBLY/WAREHOUSE BUILDINGS TOTALING APPROXIMATELY 210,000-SQUARE FEET ON TRACTS 1 AND 2 AND FIVE RETAIL/RESTAURANT PAD SITES FOR TRACTS 3, 5, 6 AND 7, LOCATED AT THE SOUTHWEST CORNER OF S.H. 121 AND MACARTHUR BOULEVARD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE CONCEPT SITE PLAN, CONCEPT FRONT ELEVATIONS, CONCEPT ELEVATIONS FOR REAR OF OFFICE/ASSEMBLY/WAREHOUSE BUILDINGS, CONCEPT ELEVATIONS FOR RETAIL BUILDINGS, ELEVATIONS OF “HEADACHE BARS,” LANDSCAPE PLAN, TREE SURVEY, TREE LIST, PERMITTED USE LIST, AND SIGN CRITERIA, WHICH ARE ATTACHED HERETO AS EXHIBITS “B,” “C,” “D,” “E,” “F,” “G,” “H,” “I,” “J” AND “K” RESPECTIVELY; PROVIDING FOR DEVELOPMENT STANDARDS; 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-199-HC 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 “HC” (Highway Commercial) to “PD-199-HC” 2 63036 (Planned Development-199-Highway Commercial) to allow for the development of six (6) office/assembly/warehouse buildings, totaling approximately 210,000-square feet, on Tracts 1 and 2 and five retail/restaurant pad sites on Tracts 3, 4, 5, 6 and 7 for the property located on the southwest corner of S.H. 121 and MacArthur Boulevard, 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 in accordance with the Concept Site Plan, Concept Front Elevations, Concept Elevations for Rear of Office/Assembly/Warehouse Buildings, Concept Elevations for Retail buildings, Elevations of Headache Bars, Landscape Plan, Tree Survey, Tree List, Permitted Use List and Sign Criteria which are attached hereto as Exhibits “B,” “C,” “D,” “E,” “F,” “G,” “H,” “I,” “J,” and “K” respectively and the following development standards prior to detail site plan approval for Tract 1 and 2 shall be executed as follows: A. A minimum of fifty-two (52) trees, with species selected by the Parks Department, shall be planted along the northern property line of Forest Hills Drive. These trees shall be placed within Tract 2 of this development, as depicted on the Landscape Plan attached as Exhibit G. B. The proposed uses shall be developed in accordance with the Color Board as presented to the City Council on April 13, 2004, and the materials and colors as depicted on the color board will be further specified with the submission of Detail Site Plans for each respective tract. C Prior to the issuance of a Certificate of Occupancy for the first building constructed on Tracts 2 through 7, a deceleration lane shall be constructed between Tracts 4 and 5 off MacArthur Boulevard, subject to the approval of the City Engineer. D. That the Planned Development shall meet all perimeter landscape buffer requirements along street frontages and along the residential adjacency, except the ten-foot (10’) landscape setbacks between interior property lines shall be eliminated for tracts 1, 2, 3, 4, 5, 6, and 7. The landscaping requirements shall be calculated on the overall acreage of the Planned Development as opposed to a tract-by-tract basis. E. The Planned Development Tree Retribution for the site shall be calculated and applied towards the acreage of the entire Planned Development district, being Tracts 1 through 7, and not on an individual tract-by-tract basis. Tree Retribution for all protected trees that 3 63036 are removed shall be mitigated by new tree plantings of either increased caliper inches or individual trees in lieu of the 50% tree planting and 50% monetary payment. In the event that a tree mitigation payment is required, it shall be made at the time of a Tree Removal Permit, and the revised tree quantities and caliper sizes shall be reflected on a revised landscape plan. F. The screen wall required along the southern property line with the residential adjacency shall be eight feet (8’) in height and extend along the entire length of the residential area, as shown on the Concept Site Plan and shall be in accordance with Section 12-33-1.6(A) of the Zoning Ordinance. This entire wall shall be constructed prior to the issuance of a Certificate of Occupancy (CO) for the 1st building on Tracts 1 or 2. G. The awnings may be constructed of canvas, metal or other material approved by the City so long as materials are primed, painted and/or otherwise conditioned to minimize future maintenance and prevent rusting. TRACTS 1 AND 2 A. Developers shall install headache bars at both of the driveways onto Forest Hill Drive, as depicted on Exhibit B and Exhibit F. B. The eighty percent (80%) masonry (brick or stone of earth tone colors) exterior requirements shall be reduced for Tracts 1 and 2 only, and the following percentages shall apply: (1) Minimum of 35% to 40% Masonry on Front elevations (2) Minimum of 25% to 30% Masonry on Side elevations (3) 0% Masonry shall be required on Rear elevations. C. In addition to the use regulations set forth in Article 22, Section 12-22-1 of the current Highway Commercial Zoning District, attached as Exhibit J, the following uses may be permitted as provided below: (1) Tracts 1 and 2 (only): (a) The “storage and warehousing areas” of the Warehouse/Distribution use shall not exceed thirty percent (30%) of the total aggregate square footage of building area for each respective Tract. In addition, no more than fifty (50%) of any one (1) building shall be used for “storage and warehousing. (b) Limited Assembly and Manufacturing use, and Warehouse/Distribution use shall be permitted uses as defined herein. 4 63036 (i) Warehouse/Distribution use shall be defined as, “A use devoted to storage, warehousing and distribution of goods, merchandise, supplies and equipment. Accessory uses not considered to be part of the storage and warehouse area may include, but are not limited to, retail and wholesale sales area, office, sales offices, research and development, and display areas for products sold and distributed from the storage and warehousing areas.” Parking for all herein- defined accessory uses shall be provided on a gross square- foot basis in accordance with Section 12-13-6 of the Coppell Zoning Ordinance. (ii) Limited Assembly and Manufacturing use shall be defined as, “The assembly, repair, disassembly 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 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.” (c) Service doors for the respective buildings may be either drive-in (grade level), double personal doors, or dock high. The dock high service doors shall not exceed a ratio of one (1) dock high service door for every eight thousand (8,000) square feet of the total aggregate building square footage of each respective Tract. In addition, no one (1) building shall have more that ten (10) dock high service doors. (2) Tract 4 (only): The following uses shall be permitted by Special Use Permit: i. Automobile Repair Garage, including tire sales (no overnight outside storage of vehicles), ii. Gasoline Service Station, and iii. Grocery and Convenience Store. (3) Tract 3, 5, 6, and 7(only): i. Restaurant Use, which shall not exceed an aggregate total of 19,600 square feet, provided a Special Use Permit is granted on each tract. A. The sign regulations shall be governed by Exhibit K, except as provided below: i. The side yard signage setback shall be reduced by five feet (5’) from seventy- five feet (75’) to seventy feet (70’) such that Tract 3 shall be entitled to a monument sign along S.H. 121; and 5 63036 ii. Tract 4 shall be allowed two (2) monument signs each of which will display the name of both the gas station/convenience store and the automotive service center. The square footage of each above referenced sign shall not exceed sixty (60) square feet. iii. The 40-square foot attached sign located on the corner of the auto repair building on Tract 4 shall be allocated equally on both sides. SECTION 3.That the Concept Site Plan, Concept Front Elevations, Concept Elevations for Rear of Office/Assembly/Warehouse Buildings, Concept Elevations for Retail Buildings, Elevations of “Headache Bars,” Landscape Plan, Tree Survey, Tree List, Permitted Use List, and Sign Criteria, which are attached hereto as Exhibits “B,” “C,” “D,” “E,” “F,” “G,” “H,” “I,” “J,” and “K,” respectively, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. 6 63036 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 6/12/04) PD-199-HC LEGAL DESCRIPTION BEING a tract of land situated in the C.G. Woolsey Survey, Abstract No. 1402, the Thomas B. Garvin Survey, Abstract No. 506, the J.H. Donald Survey Abstract No. 1696 and the W.M. Trimble Survey, Abstract No. 1268 in Denton County, Texas, and being a part of Lot 3R, Block G, Vista Ridge Addition, an addition to the City of Coppell, Texas, as recorded in Cabinet U, Page 276 of the Plat Records of Denton County, Texas (P.R.De.C.T.), and being part of a 25.93 acre tract of land described in deed to Centex Land Holdings, L.P., as recorded in Volume 5062, Page 761, Deed Records of Denton County, Texas (D.R.De.C.T.), and being more particularly described as follows: COMMENCING at a 1/2-inch found iron rod with a yellow plastic cap stamped “HALFF ASSOC. INC.” (hereinafter referred to as “with cap”) at the northwesterly corner of a corner clip at the intersection of the southeasterly right-of-way line of State Highway 121 (a variable width right-of- way) as dedicated by deed recorded in file # 94-R0000002, of the County Clerk Records Denton County, Texas (C.C.R.De.C.T) with the southwesterly right-of-way line of MacArthur Boulevard (a 120 foot wide right-of-way) same being the northerly corner of the aforementioned 25.93 acre tract of land, and being the beginning of a circular curve to the left, having a radius of 3,804.72 feet and whose chord bears South 66 degrees 56 minutes 58 seconds West, a distance of 455.85 feet; THENCE in a Southwesterly direction, along said southeasterly right-of-way line, and along said circular curve to the left, through a central angle of 06 degrees 52 minutes 08 seconds, an arc distance of 456.13 feet to a 1/2-inch found iron rod with cap for the POINT OF BEGINNING of the herein described tract of land; THENCE South 26 degrees 29 minutes 06 seconds East, departing said southeasterly right of way line, a distance of 33.17 feet to a 1/2-inch found iron rod with cap for corner; THENCE South 36 degrees 50 minutes 26 seconds East, a distance of 36.90 feet to a 1/2-inch found iron rod with cap for corner; THENCE South 23 degrees 06 minutes 57 seconds East, a distance of 189.00 feet to a 1/2-inch found iron rod with cap for corner; THENCE North 66 degrees 53 minutes 03 seconds East, a distance of 216.34 feet to a 1/2-inch found iron rod with cap for corner; THENCE South 23 degrees 06 minutes 57 seconds East, a distance of 82.64 feet to a 1/2-inch found iron rod with cap for corner; THENCE South 07 degrees 25 minutes 00 seconds East, a distance of 351.45 feet to a 1/2-inch found iron rod with cap for corner; THENCE South 02 degrees 47 minutes 00 seconds East, a distance of 133.96 feet to a 1/2-inch found iron rod with cap for corner, said point being on the northerly right-of-way line of Forest Hill Drive (50 foot wide right-of-way) as dedicated by deed recorded in Volume 97215, Page 4849 of the Deed Records of Dallas County, Texas (D.R.D.C.T.); THENCE South 87 degrees 13 minutes 00 seconds West, along said northerly right-of-way line, a distance of 25.44 feet to a 5/8-inch found iron rod with “C&B"cap for the point of curvature of a circular curve to the left, having a radius of 837.60 feet and whose chord bears South 68 degrees 20 minutes 06 seconds West, a distance of 542.12 feet; THENCE in a Southwesterly direction, continuing along said northerly right-of-way line and along said circular curve to the left, through a central angle of 37 degrees 45 minutes 48 seconds, an arc distance of 552.06 feet to a 5/8-inch found iron rod with C&B cap for corner, said point being on the south line of said 25.93 acre tract of land and the north line of Vista of Coppell Phase 1B Addition, an addition to the City of Coppell, Texas as recorded in Volume 98043, Page 66, D.R.D.C.T.; THENCE North 89 degrees 05 minutes 26 seconds West, along the common line of said 25.93 acre tract and said Vista of Coppell Phase 1B Addition, a distance of 1,142.02 feet to a 1/2-inch found iron rod for corner in said southeasterly right-of-way line of State Highway 121, same being the southwest corner of said 25.93 acre tract of land, also being on the common city limit line between the City of Lewisville, Denton County, Texas and the City of Coppell, Denton County, Texas; THENCE North 61 degrees 55 minutes 50 seconds East, along said southeasterly right-of-way line, departing said common city limit line, a distance of 73.93 feet to a 1/2-inch set iron rod with cap for corner; THENCE North 52 degrees 35 minutes 20 seconds East, continuing along said southeasterly right-of- way line, a distance of 163.74 feet to a 1/2-inch set iron rod with cap for corner; THENCE North 07 degrees 35 minutes 20 seconds East, continuing along said southeasterly right-of- way line, a distance of 16.97 feet to a 1/2-inch set iron rod with cap for corner on said common city limit line; THENCE North 52 degrees 35 minutes 20 seconds East, continuing along said southeasterly right-of- way line, a distance of 271.31 feet to a 1/2-inch set iron rod with cap for corner; THENCE North 61 degrees 55 minutes 50 seconds East, along said southeasterly right-of-way line, departing said common city limit line, a distance of 73.93 feet to a 1/2-inch set iron rod with cap for corner; THENCE North 52 degrees 35 minutes 20 seconds East, continuing along said southeasterly right-of- way line, a distance of 191.86 feet to a 1/2-inch set iron rod with cap for corner; THENCE North 07 degrees 35 minutes 20 seconds East, continuing along said southeasterly right-of- way line, a distance of 16.97 feet to a 1/2-inch set iron rod with cap for corner on said common city limit line; THENCE North 52 degrees 35 minutes 20 seconds East, continuing along said southeasterly right-of- way line, a distance of 36.62 feet to a 5/8-inch found iron rod with “C&B” cap for the beginning of a circular curve to the right, having a radius of 3,804.72 feet and whose chord bears North 58 degrees 03 minutes 07 seconds East, a distance of 724.45 feet; THENCE in a Northeasterly direction, along said southeasterly right-of-way line, and said northwesterly line of the 25.93 acre tract of land, and said common city limit line, curving to the right, through a central angle of 10 degrees 55 minutes 34 seconds, an arc distance of 725.55 feet to THE POINT OF BEGINNING and CONTAINING 820,430 square feet or 18.83 acres of land more or less. SITE DATA TOTALSEXISTING ZONING HC - HIGHWAY COMMERCIALPROPOSED USE OFFICE / ASSEMBLY / WAREHOUSE, RETAIL/ RESTAURANT/AUTO REPAIR/GAS SERVICE STATION/CONVENIENCE STORESITE AREA TOTAL 1,128,584 SF (25.91 AC)BUILDING AREA TOTAL 251,243 SFTOTAL F.A.R. 22 %TOTAL SITE COVERAGE 22 %PARKING SPACES OFFICE / ASSEMBLY / WAREHOUSE 710 SP RETAIL, RESTAURANT 262 SP TOTAL 972 SPNOTE:PRIOR TO ANY DEVELOPMENT ON THESE TRACTS,DETAIL SITE PLAN APPROVAL WILL BE REQUIRED FOR EACH BUILDING AND THAT ALL RESTAURANTS AND SOME TYPESOF RETAIL WILL REQUIRE APPROVAL OF AN SUP. - REVISION - 04.12.04TRACT ONE:SITE AREA ± 8.63 AC (+/- 376,131 SF)BUILDING 1 AREA 27,760 SFBUILDING 2 AREA 30,000 SFBUILDING 3 AREA 35,790 SFTOTAL 93,550 SF BUILDING ONE USE - OFFICE / ASSEMBLY / WAREHOUSEBUILDING TWO USE - OFFICE / ASSEMBLY / WAREHOUSEBUILDING THREE USE - OFFICE / ASSEMBLY / WAREHOUSECOVERAGE 25%F.A.R. 25%BUILDING 1 HEIGHT 26.5 FT TOP OF PARAPETBUILDING 2 HEIGHT 26.5 FT TOP OF PARAPETBUILDING 3 HEIGHT 30.5 FT TOP OF PARAPETPARKING REQUIRED 312 SP = 1 SP / 300 SFPARKING PROVIDED 312 SP (3.33 SP / 1,000 SF)TRACT TWO:SITE AREA ± 10.33 AC (+/- 443,962 SF)BUILDING 4 AREA 36,400 SFBUILDING 5 AREA 40,445 SFBUILDING 6 AREA 43,500 SFTOTAL 120,345 SFBUILDING FOUR USE - OFFICE / ASSEMBLY / WAREHOUSEBUILDING FIVE USE - OFFICE / ASSEMBLY / WAREHOUSEBUILDING SIX USE - OFFICE / ASSEMBLY / WAREHOUSECOVERAGE 27%F.A.R. 27% BUILDING 4 HEIGHT 30.5 FT TOP OF PARAPETBUILDING 5 HEIGHT 26.5 FT TOP OF PARAPETBUILDING 6 HEIGHT 30.5 FT TOP OF PARAPETPARKING REQUIRED 402 SP = 1 SP / 300 SFPARKING PROVIDED 402 SP (3.33 SP / 1,000)TRACT THREE:SITE AREA ± 0.84 AC (+/- 36,494 SF)BLDG AREA 5,200 SFCOVERAGE 14%F.A.R. 14% BUILDING HEIGHT 24.0 FTPARKING REQUIRED 26 SP = 1 SP / 200 SF (RETAIL)PARKING PROVIDED 31 SP TRACT FOUR:SITE AREA ± 2.23 AC (+/- 97,338 SF)BUILDING 1 AREA 5,956 SFBUILDING 2 AREA 3,182 SFTOTAL 9,138 SFCOVERAGE 9%F.A.R. 9%BUILDING 1 HEIGHT 30.0 FTBUILDING 2 HEIGHT 25.2 FTPARKING REQ'D 30 SP = 1 / 200 SF (RETAIL)PARKING REQ'D 6 SP MIN = GAS STATIONPARKING PROVIDED 51 SP TRACT FIVE:SITE AREA ± 1.26 AC (+/- 54,701 SF)BUILDING AREA 9,800 SFCOVERAGE 18%F.A.R. 18% BUILDING HEIGHT 24.0 FTPARKING REQUIRED 49 SP = 1 SP / 200 SF (RETAIL)PARKING PROVIDED 49 SP TRACT SIX:SITE AREA ± 1.23 AC (+/- 53,969 SF)BUILDING AREA 11,000 SFCOVERAGE 20%F.A.R. 20% BUILDING HEIGHT 24.0 FTPARKING REQUIRED 110 SP = 1 SP / 100 SF (RESTAURANT)PARKING REQUIRED 55 SP = 1 SP / 200 SF (RETAIL)PARKING PROVIDED 52 SP TRACT SEVEN:SITE AREA ± 1.38 AC (+/- 60,123 SF)BUILDING AREA 6,400 SFCOVERAGE 11%F.A.R. 11% BUILDING HEIGHT 24.0 FTPARKING REQ'D 64 SP = 1 SP / 100 SF (REST.)PARKING REQ'D 32 SP = 1 SP / 200 SF (RETAIL)PARKING PROVIDED 82 SP BUILDING 127,760 SFSTATE HWY 12FOREST HILL DR .1211615119941261010109995125'14 0 'TRACT 2TRACT 161546510115514999290'260'4BUILDING 540,445 SFBUILDING 643,500 SFMac ARTHUR BLVD24 0 '79914 0 '115'250' 34 5 '120'117656150'476260'121311111110151597710101114468898481010996679999799888844448888641211911968810TRACT 3TRACT 5TRACT 6TRACT 7TRACT 4102VISTA OF COPPELLPHASE 1BVOL. 98043 PG 66DENTON COUNTYLEVEE IMPROVEMENT DIST #1CC #95-R0058729955BUILDING 230,000 SFBUILDING 335,790 SFBUILDING 436,400 SF6510'-0"15'-0"A0.01 VISTA POINT II / MacARTHUR RIDGEJACKSON SHAW COMPANY STANDRIDGE COMPANIES4890 ALPHA ROAD, SUITE 100 14860 MONTFORT DRIVE, SUITE 241DALLAS, TEXAS 75244 DALLAS, TEXAS 75254CONTACT: DEMIAN SALMON CONTACT: STACY STANDRIDGETEL: 972.628.7400 TEL: 214.363.1998FAX: 972.628.7444 FAX: 214.363.1997PART OF LOT 3 BLOCK G, VISTA RIDGE, CAB F, PG 271CITY OF COPPELL DENTON COUNTY, TEXAS Coppell, Texas 1/16" = 1'-0" Vista Point II / MacArthur Ridge ARCHITECTS G F FOOD ULTON ARRELL& 2808 Fairmount Suite 300 Dallas, Texas, 75201 P 214.303.1500 F 214.303.1512 EXHIBIT “J” "HC" HIGHWAY COMMERCIAL DISTRICT REGULATIONS Use regulations. A building or premise shall be used only for the following purposes: 1. Any use permitted in the "O" office district. (See section 12-22-2 for exceptions). 2. Any use permitted in the "R" retail district. 3. Temporary amusement activity (approved by city council resolution). 4. Exhibition hall. 5. Equipment sales. 6. Hotel or motel. 7. Newspaper printing. 8. Radio, television or microwave receiving dish (subject to screening regulations; see section 12-33-1). 9. University, college, or parochial school and related facilities. 10. Any use permitted by special use permit, as listed in sections 12-30-7, 12-30-8 or 12-30- 9. (See section 12-22-2 for exceptions). Non-permitted uses. 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. 1. Airport. 2. Crop production. 3. Kennels. 4. Any use requiring outside storage. 5. Pawn shops. 6. Seed store. 7. Used automobile sales or display, repair garages, tire and seat cover shops, or auto laundries unless incidental to a service station, except as provided herein. 8. Self-storage or mini-warehouses. EXHIBIT “K” VISTA POINT II / MACARTHUR RIDGE PRELIMINARY SIGN CRITERIA The purpose of this sign criteria is to create a graphic environment which is individual and distinctive in identity for the Tenant and also compatible with other signs in the center. The total concept should give an impression of quality and professionalism and instill a good business image. Lettering shall be well proportioned, and its design, spacing and legibility shall be a major criterion for approval. The following specifications are to be used for the design of tenants’ signage; however, in all cases final written approval must be obtained from the Lessor prior to the manufacturing or installation of any signage. Lessor shall make all final and controlling determinations concerning any questions of interpretation of this sign policy. REQUIRED SIGNS 1. Tenant shall identify its premises by erecting one (1) facia sign which shall be attached directly to the building fascia as described hereinafter. Subject to the restrictions under “Size of Sign: below, for buildings and leaseholds with one (1) front façade, (front façade being defined as the building surface directly facing a dedicated street, or where street frontage does not exist, it shall be defined as the width of the lease space which contains the main entry), attached signs located at a height of 36 feet or less are permitted a maximum aggregate effective area equal to one-square foot per lineal foot of leasehold frontage, as applicable, or 300 square feet, whichever is less. TYPE OF FASCIA SIGN Non-illuminated or reverse lighted individually pin mounted channel letters. SIZE OF SIGN 1. Depth – 5 ½”; height – not-to-exceed 36”. Multiple Rows – not-to-exceed 36” in total height including spaces between rows. Minimum Letter Size – 10”. 2. In any case the overall length or spread of the sign cannot exceed 70% of the total linear measurement of the main entry storefront of leased space or 40’-0”, whichever is less. 3. In the case of an irregularly shaped sign or logo sign with letters and/or symbols directly affixed to the wall of a building, the area of the sign shall be the entire area within a single continuous rectilinear perimeter of not more than the proportional maximum height and width limitations noted above. TYPE OF SIGN 1. Lessor will have final review over letter font, style and height. 2. Logos in addition to signage must be approved. They must be proportionate to height of fascia and sign. 3. Box type signs will not be allowed. COLOR 1. Colors are subject to approval by Landlord or its representative. 2. Matte is finish required. 3. Colors are limited to white, ivory, or black. Limited logo color variation maybe allowed at Landlords and City of Coppell discretion. CONSTRUCTION OF LETTERS 1. Returns and Fronts - .063 aluminum gauge (minimum) 2. Back of letters shall have a minimum of 1/8” clear Plexiglass face. 3. No exposed trim caps are permitted 4. Letters are to be pin mounted 1” off building fascia. 5. U.L. label is required. ILLUMINATION AND WIRING 1. If illuminated individual letters are to be backlit with neon tubing, such tubing must be concealed in the letter and project the light source back on the building fascia. 2. Secondary Wiring – All transformers and secondary wiring are to be concealed behind parapets or within soffits. 3. Electrical power shall be brought to required location at Lessee’s expense. Routing of conduit shall be below roof deck and not visible. PLACEMENT AND INSTALLATION General Notes 1. Tenant signage shall be as close to a center-of-frontage location as possible, subject to allowance for corner positioning. 2. Attachment of signage is to be U.L. approved. No exposed wiring is permitted. 3. All fasteners used are to be non-corrosive stainless steel. 4. Tenant will be responsible for all damage to the building incurred during sign installation and removal. Tenant is responsible for painting needed to correct fading and must patch and paint holes in the fascia caused by signage attachment and wiring upon Lease termination. SUBMITTAL FOR APPROVAL 1. Prior to awarding a contract for fabrication and installation, Tenant shall submit three (3) scaled drawings for final review to Lessor. No construction may occur until Lessor has approved acceptable drawings and specifications. 2. Elevation of building fascia and sign shall be drawn using a minimum ¼” = 1’-0” scale. 3. Drawing shall indicate the following specifications: Type, color, and thickness of Plexiglass, type of materials, color and finish used on front and return, type of illumination and mounting and wiring methods. Tenant’s sign contractor shall first visit the site to verify existing conditions prior to preparation of drawings and specifications; information needed to prepare submittals shall also be obtained during the visit. 4. Drawings must include fascia cross section showing electrical connections. PERMITS All city permits and approvals from the City of Coppell are required prior to sign fabrication. TRAILER SIGNS OR TEMPORARY SIGNS WILL NOT BE PERMITTED. THE FOLLOWING ARE NOT PERMITTED 1. Roof signs or box signs 2. Exposed seam tubing 3. Animated or moving components 4. Intermittent or flashing illumination 5. Iridescent or fluorescent painted signs 6. Letters mounted or painted on illuminated panels 7. Signs or letters painted directly on any surface except as herein provided 8. Signs installed or placed along perimeter of shopping center EXHIBIT K Page 1 of 2 EXHIBIT “K” VISTA POINT II / MACARTHUR RIDGE SIGN CRITERIA The purpose of this sign criteria is to create a graphic environment which is individual and distinctive in identity for the Tenant and also compatible with other signs in the center. The total concept should give an impression of quality and professionalism and instill a good business image. Lettering shall be well proportioned, and its design, spacing and legibility shall be a major criterion for approval. REQUIRED SIGNS 1. Tenant shall identify its premises by erecting one (1) facia sign which shall be attached directly to the building fascia as described hereinafter. Subject to the restrictions under “Size of Sign” below, for buildings and leaseholds with one (1) front façade, (front façade being defined as the building surface directly facing a dedicated street, or where street frontage does not exist, it shall be defined as the width of the lease space which contains the main entry), attached signs located at a height of 36 feet or less are permitted a maximum aggregate effective area equal to one-square foot per lineal foot of leasehold frontage, as applicable, or 300 square feet, whichever is less. TYPE OF FASCIA SIGN Non-illuminated or reverse lighted individually pin mounted channel letters. SIZE OF SIGN 1. Depth – 5 ½”; height – not to exceed 36”. Multiple Rows – not to exceed 36” in total height including spaces between rows. Minimum Letter Size – 10”. 2. In any case the overall length or spread of the sign cannot exceed 70% of the total linear measurement of the main entry storefront of leased space or 40’-0”, whichever is less. 3. In the case of an irregularly shaped sign or logo sign with letters and/or symbols directly affixed to the wall of a building, the area of the sign shall be the entire area within a single continuous rectilinear perimeter of not more than the proportional maximum height and width limitations noted above. TYPE OF SIGN 1. Box type signs will not be allowed. COLOR 1. Matte is finish required. 2. Colors are limited to white, ivory, or black. All signs on any building shall be a consistent color, expect for logos as provided for herein. Logos are permitted up to a maximum of 20% of the area of the sign. CONSTRUCTION OF LETTERS 1. Returns and Fronts - .063 aluminum gauge (minimum) 2. Back of letters shall have a minimum of 1/8” clear Plexiglass face. EXHIBIT K Page 2 of 2 3. No exposed trim caps are permitted 4. Letters are to be pin mounted 1” off building fascia. 5. U.L. label is required. ILLUMINATION AND WIRING 1. If illuminated individual letters are to be backlit with neon tubing, such tubing must be concealed in the letter and project the light source back on the building fascia. 2. Secondary Wiring – All transformers and secondary wiring are to be concealed behind parapets or within soffits. 3. Routing of conduit shall be below roof deck and not visible. PLACEMENT AND INSTALLATION General Notes 1. Tenant signage shall be as close to a center-of-frontage location as possible, subject to allowance for corner positioning. 2. Attachment of signage is to be U.L. approved. No exposed wiring is permitted. 3. All fasteners used are to be non-corrosive stainless steel. TRAILER SIGNS AND/OR TEMPORARY SIGNS WILL NOT BE PERMITTED. THE FOLLOWING ARE NOT PERMITTED 1. Roof signs or box signs 2. Exposed seam tubing 3. Animated or moving components 4. Intermittent or flashing illumination 5. Iridescent or fluorescent painted signs 6. Letters mounted or painted on illuminated panels 7. Signs or letters painted directly on any surface except as herein provided DEPT: City Manager DATE: June 22, 2004 ITEM #: 9 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Agreement of Cooperation for an Urban County Community Development Block Grant program, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: !CDBG DATE: June 22, 2004 ITEM #: 10 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork DATE: June 22, 2004 ITEM #: 11 AGENDA REQUEST FORM CITY MANAGER'S REPORT A. Move-Over Law. Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: June 22, 2004 ITEM #: 12 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Repor t by Mayor Stover 4th of July festivities. B. Repor t by Mayor Stover regarding change in July Council Meeting date. C. Repo r t by Mayor Stover regarding PAC comments from Senator Florence Shapiro D. Repor t by Mayor Stover regarding Town Hall comments from Commissioner Ken Mayfield. E. Repor t by Mayor Stover regarding Copperhead Baseball. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: June 22, 2004 ITEM #: 13 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 CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: June 22, 2004 Department Submissions: Item No. 8 was placed on the Agenda for the above-referenced City Council meeting by the Planning Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Planning Department Financial Review: I certify that I have reviewed all the items submitted for consideration on the Agenda for the above-referenced City Council Meeting and have inserted any financial comments where appropriate. ____________________ Finance Department City Manager Review: I certify that I have reviewed the complete Agenda and Packet for the above-referenced City Council Meeting and hereby submit the same to the City Council for consideration. ____________________ City Manager