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CP 2004-07-06 NOTICE OF SPECIAL CITY COUNCIL MEETING AND AGENDA JULY 6, 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) 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 Special Called Session on Tuesday, July 6, 2004, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Special 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 SPECIAL SESSION (Open to the Public) 1. Call to order. ag070604 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 east of Coppell Road and south of Bethel Road. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Board and Commission Interviews. B. Discussion regarding a ban on fishing at Allen Road Park. C. Discussion regarding Animal Ordinance. D. Discussion regarding Temporary Sign Ordinance Revisions. E. Discussion of Agenda Items. SPECIAL SESSION (Open to the Public) 4. Invocation. 5. Pledge of Allegiance. 6. Citizens' Appearances. CONSENT AGENDA 7. Consider approval of the following consent agenda items: A. Consider approval of minutes: June 22, 2004. B. Consider approval of canceling the regular Council Meeting scheduled for July 13, 2004. C. Consider approval of an ordinance amending the Code of Ordinances by amending Chapter 9, Section 9-1-15, by adding Subsection F to provide for additional animal nuisances by making the owner of such animal(s) responsible; and authorizing the Mayor to sign. D. Consider approval of an interlocal agreement with Dallas County to perfor m ditch work along Sandy Lake Road (from Denton Tap Rd. to Coppell Rd.) with Dallas County and the City of Coppell equally sharing the cost of materials, equipment and labor necessary to ag070604 Page 2 of 6 ITEM # ITEM DESCRIPTION perfor m the work, at a cost not to exceed $11,570 as budgeted in the IMF; and authorizing the Mayor to sign. E. Consider approval of a variance to Floodplain Management Ordinance No. 94-639, Ar ticle 4, Section B, Item 11(a), which states that the Floodplain Administrator must “assure that conditional approvals are received from the Federal Emergency Management Agency before a Floodplain Development Permit is issued” for the proposed St. Andrews Estates along Old Denton Creek. F. Consider approval of a license agreement between the City of Coppell and Windsor Estates of Coppell Residential Association, Inc. to allow the existing entry feature and landscaping to remain within a por tion of the Deforest Road right-of-way; and authorizing the City Manager to sign. Land Use and Development G. Consider approval of an Ordinance for Case No. PD-145R3, Woodridge, Section 5, Lot 58, Block A, zoning change from PD-145R (Planned Development-145 Revised) to PD-145R3 (Planned Development-145 Revision-3), to allow the construction of a carpor t to extend to the rear proper ty line (a variance of 3 feet) located at 1040 Mapleleaf Lane, and authorizing the Mayor to sign. H. Consider approval of an Ordinance for 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 Per mit-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., and authorizing the Mayor to sign. I. Consider approval of an Ordinance for Case No. S-1215, Kountry Donuts & Cafe, zoning change from C (Commercial) to C-S-1215 (Commercial, Special Use Per mit-1215), to allow a 1,400-square-foot restaurant with drive-through ser vice on 0.49 of an acre proper ty located along the west side of S. Denton Tap Road, approximately 500 feet nor th of Southwestern Blvd., and authorizing the Mayor to sign. END OF CONSENT ag070604 Page 3 of 6 ITEM # ITEM DESCRIPTION 8. Consider approval of the Four Seasons Addition, Lot 2R, (BCE Specialties, Inc.), Site Plan, to allow the construction of an approximate 57,302-square- foot office/warehouse on 4.1 acres of proper ty located at the southeast corner of Sandy Lake Road and Royal Lane. 9. PUBLIC HEARING: Consider approval of the Four Seasons Addition, Lot 2R, (BCE Specialties, Inc.), Replat, being a replat of Lot 2 of the Four Seasons Addition, to allow the construction of an approximate 57,302-square-foot office/warehouse on 4.1 acres of proper ty located along at the southeast corner of Sandy Lake Road and Royal Lane. 10. PUBLIC HEARING: Consider approval of Case No. S-1216, Cold Stone Creamer y, zoning change request from PD-157R6-C (Planned Development-157 Revision 6- Commercial) to PD-157R6-C-S-1216 (Planned Development-157 Revision 6- Commercial-Special Use Permit-1216), to allow the operation of an approximate 1,600-square-foot restaurant to be located at 809 S. MacAr thur, Suite 125 (southwest corner of Belt Line Road and MacAr thur Boulevard). 11. PUBLIC HEARING: Consider approval of Case No. PD-186R6-LI, Duke-Freepor t, zoning change request from PD-186R3-LI (Planned Development-186 Revision 3-Light Industrial) to PD-186R6-LI (Planned Development-186 Revision 6-Light Industrial), to attach a Detail Site Plan to Lots 6 and 7 (formally Building 3), to allow the construction of a 140,000-square-foot building on Lot 6 and a 70,000-square-foot building on Lot 7, totaling approximately 14.13 acres of proper ty located along the west side of Freepor t Parkway, south of Creekview Drive. 12. PUBLIC HEARING: Consider approval of the Duke-Freepor t Addition, Lots 6 and 7, Block A, Replat, being a replat of a por tion of Lot 2, Block A, to allow the construction of a 140,000-square-foot building on Lot 6 and a 70,000- square-foot building on Lot 7, totaling approximately 14.13 acres of proper ty located along the west side of Freepor t Parkway, south of Creekview Drive. 13. Consider approval of the Gateway Business Park No. 2, Lot 2, Block A (Avaya), Site Plan Amendment, to allow the construction of a 2,204-square- foot enclosed equipment yard to house two diesel generators and two diesel fuel storage tanks along the nor th side of the existing building located at 1111 Freepor t Parkway. ag070604 Page 4 of 6 ITEM # ITEM DESCRIPTION 14. 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 proper ty located at the southwest corner of S.H. 121 and MacAr thur Blvd., and authorizing the Mayor to sign. 15. Consider approval of an Ordinance for Case No. S-1030R, Daddy Jack’s, zoning change from C-S-1030 (Commercial-Special Use Per mit-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, and authorizing the Mayor to sign. 16. Consider approval of an Ordinance for Case No. PD-201-TH-2, Riverchase Townhomes, Lots 1-49, zoning change 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 all common areas on 4.42 acres of proper ty located along the east side of MacAr thur Boulevard, approximately 1,400 feet nor th of Riverchase Drive, and an amendment to the Land Use Plan of the 1996 Comprehensive Master Plan from Light Industrial/Showroom to Residential High Density, and authorizing the Mayor to sign. 17. PUBLIC HEARING: 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. 18. Consider approval of an ordinance amending the Code of Ordinances by amending Chapter 6, Section 6-15-7, Subsection 3, to provide for additional information to be included on temporar y off-premise signs for religious institutions and by amending Subsection 6 to provide for school- sponsored events and athletic events, and authorizing the Mayor to sign. 19. Necessary action resulting from Work Session. 20. City Manager's Repor t. A. Vector Control. 21. Mayor and Council Repor ts. A. Repor t by Mayor Stover regarding the 4th of July Celebration. B. Repor t by Mayor Stover regarding Aquatic Center Update. ag070604 Page 5 of 6 ITEM # ITEM DESCRIPTION ag070604 Page 6 of 6 C. Report by Councilmember Peters regarding National Night Out. 22. Necessary Action Resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I certify 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 Secretary 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. 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: July 6, 2004 ITEM #: ES-2 AGENDA REQUEST FORM EXECUTIVE SESSION A. Section 551.072, Texas Government Code - Deliberation Regarding Real Property. 1. Discussion regarding the sale of city property east of Coppell Road and south of Bethel Road. Agenda Request Form - Revised 02/04 Document Name: %executivesession DATE: July 6, 2004 ITEM #: WS-3 AGENDA REQUEST FORM WORK SESSION A. Discussion regarding Board and Commission Interviews. B. Discussion regarding a ban on fishing at Allen Road Park. C. Discussion regarding Animal Ordinance. D. Discussion regarding Temporary Sign Ordinance Revisions. E. Discussion of Agenda Items. Agenda Request Form - Revised 02/04 Document Name: %worksession WORK SESSION The following needs input from Council: NAME OF BOARD/COMMISSION DATE/TIME INTERVIEW INTERVIEW COMMITTEE AMERICAN RED CROSS _____________ _______________________________ _______________________________ _______________________________ BOARD OF ADJUSTMENT _____________ _______________________________ _______________________________ _______________________________ COPPELL EDUCATION DEV. CORP. _____________ _______________________________ _______________________________ _______________________________ ECONOMIC DEV. COMMITTEE _____________ _______________________________ _______________________________ _______________________________ KEEP COPPELL BEAUTIFUL. _____________ _______________________________ _______________________________ _______________________________ LIBRARY BOARD _____________ _______________________________ _______________________________ _______________________________ LIBRARY BOARD – YOUTH ADVISOR _____________ _______________________________ _______________________________ _______________________________ Interview schedule for work session 2004.doc Interview schedule for work session 2004.doc PARK BOARD. _____________ _______________________________ _______________________________ _______________________________ PLANNING & ZONING COMM. _____________ _______________________________ _______________________________ _______________________________ DATE: July 6, 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: July 6, 2004 ITEM #: 7/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of minutes: June 22, 2004 GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: %minutes ag062204 Page 1 of 6 MINUTES OF JUNE 22, 2004 The City Council of the City of Coppell met in Regular Called Session on Tuesday, June 22, 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 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, Deputy City Secretary Kathy Wilkerson and City Attorney Robert Hager. REGULAR SESSION (Open to the Public) 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Work Session. WORK SESSION (Open to the Public) 2. Convene Work Session A. Presentation by Police Department 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. Reverend Dale Patterson, Hackberry Creek Presbyterian Church, led those present in the Invocation. ag062204 Page 2 of 6 4. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 5. 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. Presentation: Mayor Stover presented a Certificate of Recognition from Texas Comptroller Carole Keeton Strayhorn to Sheri Moino, Facilities Manager, for the City of Coppell’s efforts and commitment to energy efficiency and improving the air quality in the state of Texas. 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: 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 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. Action: Councilmember Suhy moved to approve Consent Agenda Items A, B, and C. Councilmember Tunnell seconded the motion, the motion carried 6-0 ag062204 Page 3 of 6 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught and Suhy voting in favor of the motion. 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, 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. Action: Councilmember Peters moved to postpone until the July 6, 2004 City Council meeting the consideration 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. 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. 9. Consider approval of an Agreement of Cooperation for an Urban County Community Development Block Grant program, and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, made a presentation to Council. Action: Councilmember Tunnell moved to approve an Agreement of Cooperation for an Urban County Community Development Block Grant program, and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion, the motion carried 6-0 with Mayor Pro Tem Raines ag062204 Page 4 of 6 and Councilmembers Brancheau, Peters, Tunnell, Faught and Suhy voting in favor of the motion. 10. Necessary action resulting from Work Session. There was no action necessary under this item. 11. City Manager's Report. A. Move-Over Law. A. Jim Witt, City Manager, updated Council on the new Move-Over Law that was recently passed by the State of Texas. B. Jim Witt, City Manager, updated Council on the molestation that occurred at the Coppell Aquatic and Recreation Center. 12. Mayor and Council Reports. A. Report by Mayor Stover regarding 4th of July festivities. B. Report by Mayor Stover regarding change in July Council Meeting date. C. Report by Mayor Stover regarding PAC comments from Senator Florence Shapiro. D. Report by Mayor Stover regarding Town Hall comments from Commissioner Ken Mayfield. E. Report by Mayor Stover regarding Copperhead Baseball. A. Mayor Stover announced the activities and the times for the 4th of July festivities. B. Mayor Stover announced that the regularly scheduled City Council meeting for July 13, 2004 has been moved and will be held on July 6, 2004. C. Mayor Stover reported on PAC comments from Senator Florence Shapiro. Some items discussed were the economy, school finances, and taxes. D. Mayor Stover reported that Commissioner Ken Mayfield had held a Town Hall meeting and encouraged the public to watch the replay of the program. The main items of discussion were the Dallas Cowboy’s, the Dallas Zoo, Parkland Hospital and the tax cap issue. ag062204 Page 5 of 6 E. Mayor Stover reported on the Copperhead Baseball games and how much fun everyone that attended the games were having. 13. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD – Mayor Pro Tem Raines. B. Coppell ISD – Mayor Pro Tem Raines and Councilmember Suhy. C. Coppell Seniors - Councilmember York. D. Dallas Regional Mobility Coalition - Councilmember Peters. E. Economic Development Committee - Councilmembers Faught and Tunnell. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Social Service Center - Councilmember Brancheau. H. North Texas Council of Governments - Councilmember Tunnell. I. NCTCOG/Regional Emergency Management – Councilmember Suhy. J. North Texas Commission - Councilmember Peters. K. Senior Adult Services - Councilmember Faught. L. Town Center/Architectural Committee - Councilmember Faught. M. Trinity River Common Vision Commission - Councilmember Faught. N. Trinity Trail Advisory Commission – Mayor Pro Tem Raines. O. Metrocrest Medical Foundation – Councilmember Brancheau. A. Mayor Pro Tem Raines announced that Carrollton/Farmer’s Branch ISD are currently going through the budget process. B. There was nothing to report on this item. C. There was nothing to report on this item. D. Councilmember Peters reminded everyone that the 7th Annual Texas Transportation Summit meeting will be held August 10 – 13, 2004 in Irving and to contact Mr. Witt’s office if you would like to attend. ag062204 Page 6 of 6 E. There was nothing to report on this item. F. There was nothing to report on this item. G. There was nothing to report on this item. H. There was nothing to report on this item. I. There was nothing to report on this item. J. Councilmember Peters announced that the 2004 Annual Membership luncheon is scheduled for Monday, August 30th at noon. The luncheon will be held at the Hyatt Regency DFW it is a Celebration of the 30th Anniversary of DFW. Please contact Mr. Witt’s office if you would like to attend. 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. N. There was nothing to report on this item. O. Councilmember Brancheau announced that the liaisons met with the staff on June 22nd and the regularly scheduled meeting will be held on July 13th. There being no further business to come before the City Council, the meeting was adjourned. ___________________________ Douglas N. Stover, Mayor ATTEST: ______________________________________ Kathy Wilkerson, Deputy City Secretary DEPT: City Secretary DATE: July 6, 2004 ITEM #: 7/B AGENDA REQUEST FORM ITEM CAPTION: Consider approval of cancelling the regular Council Meeting scheduled for July 13, 2004. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: %cancelmeeting DEPT: City Manager DATE: July 6, 2004 ITEM #: 7/C AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an ordinance amending the Code of Ordinances by amending Chapter 9, Section 9-1-15, by adding Subsection F to provide for additional animal nuisances by making the owner of such animal(s) responsible; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: !Animal AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 9, SECTION 9-1-15, BY ADDING SUBSECTION F. TO PROVIDE FOR ADDITIONAL ANIMAL NUISANCES BY MAKING THE OWNER OF SUCH ANIMAL(S) RESPONSIBLE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City answers numerous calls for animal related incidences; and WHEREAS, the City desires to make the owner of animals responsible for additional acts which shall constitute a public nuisance; and, WHEREAS, adopting such provision is in the interest of the public health, safety and welfare of its citizens; and, WHEREAS, the City Council has determined that it is in the best interest of the City and its citizens to adopt additional provisions that make the owners of animals responsible for the acts of animals; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS; SECTION 1. That Chapter 9 of the City of Coppell Code of Ordinance, be, and the same is, hereby amended by amending section 9-1-15 by adding subsection F., which shall read as follows: “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 or harbor any animal which: (1) repeatedly roams at large in violation of this chapter on public or private property; 1 65855 (2) attacks another domestic animal(s); or (3) damages public or private property. SECTION 3. 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 of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 5. That this ordinance 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 6/29/04) 2 65855 DEPT: Engineering DATE: July 6, 2004 ITEM #: 7/D AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an interlocal agreement with Dallas County to perform ditch work along Sandy Lake Road (from Denton Tap Rd. to Coppell Rd.) with Dallas County and the City of Coppell equally sharing the cost of materials, equipment and labor necessary to perform the work, at a cost not to exceed $11,570 as budgeted in the IMF; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of this agreement will allow the city to have the necessary work performed at 50% of the actual cost by partnering with Dallas County. Staff recommends approval of the interlocal agreement with Dallas County and will be available to answer any questions at the council meeting. FINANCIAL COMMENTS: Funds for this contract have been provided in the Infrastructure Maintenance Fund. Agenda Request Form - Revised 02/04 Document Name: #DallasCoInter-1AG "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works Date: July 6, 2003 RE: Consider approval of an interlocal agreement with Dallas County to perform ditch work along Sandy Lake Road (from Denton Tap Rd. to Coppell Rd.) with Dallas County and the City of Coppell equally sharing the cost of materials, equipment and labor necessary to perform the work , at a cost not to exceed $11,570 as budgeted in the IMF; and authorizing the Mayor to sign. One maintenance project identified in the infrastructure maintenance fund program for this year is ditch work at various locations in the city. The city has previously leased a maintainer and performed some ditch work at various locations. This interlocal will continue the ditch work program along both sides of Sandy Lake Road (from Denton Tap Rd. to Coppell Rd.) We have been in contact with Dallas County and because Sandy Lake Road is classified as a county Type “B” road, Dallas County shares in the cost of the work at a 50% rate. The goal of this program is to provide the necessary ditch work to help alleviate the standing water immediately west of Denton Tap Road, generally adjacent to the Exxon Mobil station. Approval of the interlocal agreement will allow the city to have the necessary work performed at 50% of the actual cost by partnering with Dallas County. It is estimated that the work will take approximately nine workdays to complete. Dallas County typically works four-day workweeks; therefore, the project would take approximately 2 ½ weeks, barring any bad weather days. Staff recommends approval of the interlocal agreement between Dallas County and the City of Coppell to provide for ditch work along Sandy Lake Road between Denton Tap Rd. and Coppell Rd. Staff will be available to answer any questions at the council meeting. Road & Bridge District ILA (AM 11-1997)1 STATE OF TEXAS § COUNTY OF DALLAS § INTERLOCAL AGREEMENT BETWEEN DALLAS COUNTY AND CITY OF COPPELL FOR DITCH WORK ALONG SANDY LAKE ROAD WHEREAS, the City of Coppell, Texas, hereinafter called "City", and the County of Dallas, Texas, hereinafter called "County", desire to enter into an interlocal agreement for the purpose of ditch work, as further described by Exhibit "A"; and, WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for local governments to enter into interlocal contracts; NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by City and County for the mutual consideration stated herein: W I T N E S S E T H I. City has requested and County agrees to perform ditch work on Sandy Lake Road, beginning at its intersection with Coppell Road to its intersection with Denton Tap Road, located in Coppell, Dallas County, Texas hereinafter called the "Project", as further described in Exhibit "A" attached hereto and incorporated herein for all purposes. The Project is classified as a County Type "B" road project. II. County agrees to furnish materials, labor and equipment necessary and to perform the Project construction at a cost not to exceed $23,140.00, hereinafter called the "Not to Exceed Amount." County agrees pursuant to Exhibit “A” , to furnish all traffic control materials. III. City agrees to pay to County the sum of $11,570.00 as City's portion of the cost of the Project. Such amount will be paid to County prior to the commencement of construction. Such amount will be deposited with County prior to the commencement of construction and County is authorized to expend such amount for periodic payments of Project cost. IV. City agrees to accomplish the following items, if required by the project, in a timely manner to insure that such items will not delay the County construction schedule; (1) inform the public of the proposed reconstruction of the Project; (2) locate all manholes, water valves, and other utilities within the Project; and (3) make or cause to be made all utility relocations or adjustments necessary for the Project at no cost to County. Road & Bridge District ILA (AM 11-1997)2 V. In the event that the cost of the Project shall exceed the Not to Exceed Amount, City and County agree to either reduce the scope of construction or seek additional funding to complete the project. At the termination of the Project, County will do a final cost accounting of the Project. In the event that the amount paid by City exceeds the actual cost, the difference will be remitted to City. In the event that additional funds are due, County will bill City who agrees to pay such funds within thirty (30) days of receipt of such billing. VI. The term of this agreement shall be from the date of the last signature approving the agreement until the completion of the Project and final payment as provided herein. VII. The City agrees that County shall have the right to enter upon the Project area for the time period necessary for the completion of the Project. City agrees to furnish such police personnel as requested by County for traffic control or other public safety matters at no cost to County. VIII. The County agrees to be responsible for any liability or damages the County may suffer as a result of claims, demands, costs or judgments, including all reasonable attorneys fees, against the County, including workers compensation claims, arising out of the performance of the construction and services under this agreement, or arising from any accident, injury or damage, whatsoever, to any person or persons, or to the property of any person(s) or corporation(s) occurring during the performance of this agreement and caused by the sole negligence of the County, its agents, officers and/or employees. IX. The City agrees to be responsible for any liability or damages the City may suffer as a result of claims, demands, costs or judgments, including reasonable attorneys fees, against the City, including workers compensation claims, arising out of the performance of the construction and services under this agreement, or arising from any accident, injury or damage, whatsoever, to any person or persons, or to the property of any person(s) or corporations(s) occurring during the performance of the agreement and caused by the sole negligence of the City, its agents, officers and/or employees. X. City and County agree that any liability or damages as stated above occurring during the performance of this agreement caused by the joint or comparative negligence of their employees, agents and officers shall be determined in accordance with the comparative responsibility laws of the State of Texas. XI. City and County agree that County's obligation to perform the Project construction is contingent upon the receipt of City's payment of $11,570.00. and no construction on the Project will commence prior to the receipt by County of such payment. Road & Bridge District ILA (AM 11-1997)3 XII. This Agreement shall be expressly subject to the sovereign immunity of County and the governmental immunity of City, Title 5 of the Texas Civil Practice and Remedies Code, as amended, and all applicable federal and state law. This Agreement shall be governed by and construed in accordance with the laws and case decisions of the State of Texas. Exclusive venue for any legal action regarding this Agreement filed by either City or County shall be in Dallas County, Texas. The City of Coppell, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution ____________, Minutes__________ dated the ____day of ________, 2004. The County of Dallas, State of Texas, has executed this agreement pursuant to Commissioners Court Order Number __________ and passed on the ____day of __________, 2004. CITY OF COPPELL COUNTY OF DALLAS BY_______________________________ BY__________________________________ MAYOR MARGARET KELIHER, COUNTY JUDGE ATTEST: APPROVED AS TO FORM: CITY SECRETARY \ ATTORNEY Robert Schell, Chief, Civil Section Dallas County District Attorney DEPT: Engineering DATE: July 6, 2004 ITEM #: 7/E AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a variance to Floodplain Management Ordinance No. 94-639, Article 4, Section B, Item 11(a), which states that the Floodplain Administrator must “assure that conditional approvals are received from the Federal Emergency Management Agency before a Floodplain Development Permit is issued” for the proposed St. Andrews Estates along Old Denton Creek. GOAL(S): EXECUTIVE SUMMARY: Approval of this variance to Floodplain Management Ordinance No. 94-639 will allow the developer to begin the reclamation process now for St. Andrews Estates while the study is being reviewed by FEMA. Staff recommends approval and will be available to answer any questions at the council meeting. FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: #FloodplainVar-1AG "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works Date: July 6, 2003 RE: Consider approval of a variance to Floodplain Management Ordinance No. 94-639, Article 4, Section B, Item 11(a), which states that the Floodplain Administrator must “assure that conditional approvals are received from the Federal Emergency Management Agency before a Floodplain Development Permit is issued” for the proposed St. Andrews Estates along Denton Creek. St. Andrews Estates is located north of Deforest Road with Denton Creek being both north and west of the proposed development. Currently, a portion of the floodplain of Denton Creek encroaches on the property. In May 2004, a floodplain study for reclamation was submitted to this office and on May 10, 2004, the flood study was processed to our consultant for review for compliance with the city’s floodplain ordinance and with Federal Emergency Management Agency (FEMA) guidelines. The flood study meets our requirements and has been sent to FEMA. Prior to work beginning on the project, the City must issue a Floodplain Development Permit to the developer. However, the Floodplain Management Ordinance states that a permit cannot be issued until conditional approvals are received from FEMA. The developer is requesting a variance from the Floodplain Ordinance so that the reclamation process can begin now. As stated to the developer, the reclamation cannot begin until a Conditional Letter of Map Revision (CLOMR) has been received from FEMA and the city has issued a Floodplain Development Permit. The study has been sent to FEMA and it typically takes six to eight weeks to receive the CLOMR from FEMA. This variance request is submitted with the following stipulations: 1) a letter is provided from FEMA stating that they have all the necessary information to proceed with the review of the flood study; 2) any changes requested by FEMA during the flood study be complied with prior to acceptance by the city; and 3) no building permits will be issued on any lots within the subdivision until the study has been approved by FEMA. Previously, the City has granted similar variances to Big Cedar subdivision and Villages of Coppell Phase 3B. Compliance with the above stipulations will be monitored by staff. Therefore, staff recommends approval of this request and will be available to answer any questions at the council meeting. DEPT: Engineering DATE: July 6, 2004 ITEM #: 7/F AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a license agreement between the City of Coppell and Windsor Estates of Coppell Residential Association, Inc. to allow the existing entry feature and landscaping to remain within a portion of the Deforest Road right-of-way; and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of this license agreement will allow the existing entry feature and landscaping to remain with a portion of the Deforest Road right-of-way. Staff recommends approval of the license agreement with Windsor Estates of Coppell Residential Association, Inc. and will be available to answer any questions at the council meeting. FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: #LAWindsor-1AG "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works Date: July 6, 2003 RE: Consider approval of a license agreement between the City of Coppell and Windsor Estates of Coppell Residential Association, Inc. to allow the existing entry feature and landscaping to remain within a portion of the Deforest Road right-of-way; and authorizing the City Manager to sign. On July 22, 2003, City Council approved license agreements between the City of Coppell and six property owners in the Villages of Coppell Phase IIIB concerning the usage of excess right-of- way associated with Deforest Road. During the process of doing the background work to ascertain whether or not the right-of-way could be used for other purposes, it was noted that the entry feature and landscaping associated with the Windsor Estates subdivision had been constructed within the right-of-way of Deforest Road. In reviewing information provided at the time the development was proceeding through the Planning and Zoning Commission and City Council, it was shown that the entry feature and landscaping would be within the right-of-way, however; no official approvals or licenses agreements were ever executed between the City and the home owners association. To insure that the city’s rights are protected and the city is not held liable for any damage to the entry feature in the future, a license agreement should be executed between the City of Coppell and the Windsor Estates of Coppell Residential Association, Inc. The license agreement will allow the existing entry feature and landscaping to remain within a portion of a 10-foot right-of-way dedicated with the final plat of Villages of Coppell Phase III and within a portion of the right-of-way dedicated with the Windsor Estates plat for the realignment of Deforest Road. Copies of both plats are provided with the license agreement. Staff offers no objections to the license agreement between the City of Coppell and the Windsor Estates of Coppell Residential Association, Inc. Staff will be available to answer any questions at the Council meeting. ____________________________________ License Agreement - Page 1 STATE OF TEXAS § § LICENSE AGREEMENT COUNTY OF DALLAS § THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter referred to as “CITY”) and Windsor Estates of Coppell Residential Association, Inc. (hereinafter collectively referred to as “LICENSEE”) acting by and through their authorized representatives. WITNESSETH: WHEREAS, LICENSEE own the real property know as Lot 19X, Block A Windsor Estates which is adjacent to the right-of-way of Deforest Road; and WHEREAS, LICENSEE previously constructed entry feature and landscaping (hereinafter referred to as the “IMPROVEMENTS”) within a ten-foot City right-of-way easement for Deforest Road dedicated with the final plat of Villages of Coppell Phase IIIB, Volume 92218, Page 3565, as shown on the attached plat marked Exhibit ‘A’, and within a portion of City right-of-way easement for Deforest Road dedicated with the final plat of Windsor Estates, Volume 2001077, Page 02283, as shown on the attached plat marked Exhibit ‘B’ and shown on attached Exhibits ‘C1’, and ‘C2’, and incorporated herein for all purposes; and WHEREAS, LICENSEE has requested the CITY allow the continued use and occupancy of the easement for LICENSEE IMPROVEMENTS; NOW THEREFORE, in consideration of the covenants contained herein and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1.Purpose: CITY hereby grants LICENSEE an irrevocable license, for the purpose of maintaining the entry feature and landscaping previously constructed within the City right-of- way easement (the “PERMITTED IMPROVEMENTS”) and being more particularly depicted on Exhibit ‘C1’ and Exhibit ‘C2’ attached hereto and incorporated herein for all purposes. With the exception of the existing entry feature, no additional permanent structures shall be allowed within the City right-of-way easement. 2.Term: The term of this License shall be perpetual, subject, however, to termination by the CITY as provided herein. 3.Non-exclusive: This License is nonexclusive and is subject to any existing utility, drainage or communications facilities located in, on, under or upon the easement or property owned by CITY, any utility or communication company, public or private, to all vested rights presently owned by any utility or communication company, public or private for the use of the CITY easement for facilities presently located within the boundaries of the easement and to any existing lease, license, or other interest in the easement granted by CITY to any individual, corporation or other entity, public or private. ____________________________________ License Agreement - Page 2 4.Environmental Protection: LICENSEE shall not use or permit the use of the property for any purpose that may be in violation of any laws pertaining to the health of the environment, including without limitation, the comprehensive environmental response, compensation and liability act of 1980 (“CERCLA”), the resource conservation and recovery act of 1976 (“RCRA”), the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE warrant that the PERMITTED use of the property will not result in the disposal or other release of any hazardous substance or solid waste on or to the property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the property or adjoining property by LICENSEE. The terms “hazardous substance and waste” shall have the meaning specified in CERCLA and the term solid waste and disposal (or dispose) shall have the meaning specified in the RCRA; provided, however, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and provided further, at the extent that the laws of the State of Texas establish a meaning for hazardous substance, release, solid waste, or disposal which is broader then that specified in the CERCLA or RCRA, such broader meaning shall apply. LICENSEE shall indemnify and hold CITY harmless against all costs, environmental clean up to the property and surrounding CITY property resulting from LICENSEE’ use of the property under this License. 5.Mechanic’s liens not permitted: LICENSEE shall fully pay all labor and materials used in, on or about the property and will not permit or suffer any mechanic’s or material man’s liens of any nature be affixed against the property by reason of any work done or materials furnished to the property at LICENSEE’ instance or request. 6.Duration of License: This License shall terminate and be of no further force and effect in the event LICENSEE shall discontinue or abandon the use of the PERMITTED IMPROVEMENTS or in the event LICENSEE shall remove the PERMITTED IMPROVEMENTS from the property or upon termination by CITY whichever event first occurs; or, in the event that the City abandons the property depicted as an easement on Exhibits ‘A’ and ‘B’, then this agreement shall be of no further effect. 7.Compliance with laws: LICENSEE agree to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the LICENSEE. 8.Indemnification: LICENSEE shall defend, protect and keep CITY forever harmless and indemnified against and from any penalty, or any damage, or charge, imposed for any violation of any law, ordinance, rule or regulation arising out of the use of the property by the LICENSEE, whether occasioned by the neglect of LICENSEE, its employees, officers, agents, contractors or assigns or those holding under LICENSEE. LICENSEE shall at all times defend, protect and indemnify and it is the intention of the parties hereto that LICENSEE hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fee, arising out of or from any accident or other occurrence on or about the property causing personal injury, death or property damage resulting from use of property by LICENSEE, its agents, employees, customers and invitees, except when caused by the willful misconduct or negligence of CITY, its ____________________________________ License Agreement - Page 3 officers, employees or agents, and only then to the extent of the proportion of any fault determined against CITY for its willful misconduct or negligence. LICENSEE shall at all times defend, protect, indemnify and hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fees arising out of or from any and all claims or causes of action resulting from any failure of LICENSEE, their officers, employees, agents, contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof. 9.Action upon termination: At such time as this License may be terminated or canceled for any reason whatsoever, LICENSEE, upon request by CITY, shall remove all PERMITTED IMPROVEMENTS and appurtenances owned by it, situated in, under or attached to the CITY utility easement and shall restore such property to substantially the condition of the property prior to LICENSEE’ encroachment at LICENSEE sole expense. 10.Termination: This Agreement may be terminated in any of the following ways: a. Written agreement of both parties; b. By CITY upon failure of LICENSEE to perform its obligations as set forth in this Agreement; c. By the CITY abandoning any interest in the right-of-way easement. 11.Notice: When notice is permitted or required by this Agreement, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid in the United States mail, certified return receipt requested, and addressed to the parties at the address set forth opposite their signature. Either party may designate from time to time another and different address for receipt of notice by giving notice of such change or address. 12.Attorney’s fees: Any signatory to this Agreement, who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agreement shall be entitled to recover court cost and reasonable attorney’s fees from the non-prevailing party. 13.Governing law: This Agreement is governed by the laws of the State of Texas; and venue for any action shall be in Dallas County, Texas. 14.Binding effect: This Agreement shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 15.Entire Agreement: This Agreement embodies the entire agreement between the parties and supersedes all prior agreements, understandings, if any, relating to the property and the matters addressed herein and may be amended or supplemented only by written instrument executed by the party against whom enforcement is sought. 16.Recitals: The recitals to this Agreement are incorporated herein by reference. 17.Legal construction: The provisions of this Agreement are hereby declared covenants running with the property and are fully binding on all successors, heirs, and assigns of ____________________________________ License Agreement - Page 4 LICENSEE who acquire any right, title, or interest in or to the property or any part thereof. Any person who acquires any right, title, or interest in or to the property, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this agreement with respect to the right, title or interest in such property. EXECUTED this ______ day of _________________, 2004. CITY OF COPPELL, TEXAS By: JIM WITT, CITY MANAGER ATTEST: By: ____________________________________________ LIBBY BALL, CITY SECRETARY ACCEPTANCE ACKNOWLEDGED BY: LICENSEE: WINDSOR ESTATES of COPPELL RESIDENTIAL ASSOCIATION, INC. By: ____________________________________________ NAME TITLE ____________________________________ License Agreement - Page 5 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: _________________________ ____________________________________ License Agreement - Page 6 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____________________ day of ____________________, 2004, by _______________________________________________ , _________________________________________ of Windsor Estates of Coppell Residential Association, Inc. , a __________________________ , corporation, on behalf of said corporation. __________________________________________ NOTARY PUBLIC, State of Texas My Commission Expires: _________________________ DEPT: Planning DATE: July 6, 2004 ITEM #: 7/G AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-145R3, Woodridge, Section 5, Lot 58, Block A, zoning change 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, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On May 20, 2004, the Planning Commission unanimously approved this zoning change (6-0). On June 8, 2004, Council unanimously approved this zoning change (6-0). Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: @PD-145R3 ORD 1-AR (Con) 1 65773 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-145R” (PLANNED DEVELOPMENT-145 REVISED) TO “PD-145R3” (PLANNED DEVELOPMENT - 145 REVISION 3) TO ALLOW FOR THE CONSTRUCTION OF A CARPORT TO EXTEND TO THE REAR PROPERTY LINE ON PROPERTY LOCATED AT 1040 MAPLELEAF LANE; MORE PARTICULARLY DESCRIBED AS WOODRIDGE, SECTION 5, LOT 58, BLOCK A; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF CARPORT PLAN, ATTACHED HERETO AS EXHIBITS “A-1”, “A-2” AND “A-3”, 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-145R3 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-145R” (Planned Development 145 Revised) to PD-145R3 (Planned Development - 145 Revision 3) to allow for the 2 65773 construction of a carport to extend to the rear property line on property located at 1040 Mapleleaf Lane, being more particularly described as Woodridge, Section 5, Lot 58, Block A. SECTION 2.That the property shall be developed and used only in accordance with the following development conditions set forth: A. That the property shall be developed in accordance with the development conditions contained in PD-145R, Ordinance 91500-A-143, except as herein amended. B. Closely match the brick used for the columns with the material on the home. C. Engineered foundation plans will be required as part of the building permit submittal. SECTION 3.That the Carport Plan, attached hereto as Exhibits “A-1”, “A-2” and "A-3", respectively, and made a part hereof for all purposes, are hereby, approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so 3 65773 decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9.That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2004. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: 4 65773 _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 6/22/04) DEPT: Planning DATE: July 6, 2004 ITEM #: 7/H AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for 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., 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 12/18/03, the P&Z Commission recommended denial of this Special Use Permit (5-2). On 4/13/04, Council unanimously approved this Special Use Permit (7-0). Agenda Request Form - Revised 02/04 Document Name: @S-1211 ORD 1-AR (Consent) 1 65921 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING ORDINANCE NO. 91500, THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM “PD-199-HC” (PLANNED DEVELOPMENT-199-HIGHWAY COMMERCIAL) TO “PD-199- HC-S-1211” (PLANNED DEVELOPMENT-133 -HIGHWAY COMMERCIAL- SPECIAL USE PERMIT-1211 TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF AN AUTO REPAIR GARAGE, CAR WASH, CONVENIENCE STORE AND A GASOLINE SERVICE STATION TO BE CONSTRUCTED AT THE SOUTHWEST CORNER OF S.H. 121 AND MACARTHUR BOULEVARD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, ELEVATIONS OF THE GREAT AMERICAN, ELEVATIONS OF THE FOOD MART, ELEVATIONS OF THE CAR WASH, ELEVATIONS OF THE CANOPY, ELEVATIONS OF THE MONUMENT SIGN, FLOOR PLAN OF GREAT AMERICAN, FLOOR PLAN OF THE CONVENIENCE STORE AND SIGN CRITERIA, ATTACHED HERETO AS EXHIBITS “B,” “C,” “D,” “E,” “F,” “G,” “H,” “I,” “J,” and “K,” 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. PD-199-HC-S-1211 should be approved, and in the exercise of legislative discretion have concluded that Ordinance No. 91500, the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That Ordinance No. 91500, the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from “PD-199- 2 65921 HC” (Planned Development-199-Highway Commercial) to “PD-199-HC-S-1211” (Planned Development-133 -Highway Commercial-Special Use Permit-1211) to allow for the construction of an Auto Repair Garage, Car Wash, Convenience Store and a Gasoline Service Station to be constructed at the southwest corner of S.H. 121 And MacArthur Boulevard on approximately 2.24 acres of property described in the attached Exhibit "A", subject to special conditions. SECTION 2.That the Special Use Permit to allow for the construction of an Auto Repair Garage, Car Wash, Convenience Store and a Gasoline Service Station is hereby approved subject to the following special conditions: (A) The site shall be developed in accordance with site plan, landscape plan, elevations of the Great American, elevations of the food mart, elevations of the car wash, elevations of the canopy elevations of the monument sign, floor plan of Great American, floor plan of the convenience store, and sign criteria which are attached hereto as a further condition in accordance with the Exhibits as provided in Section 3 of this Ordinance. (B) That the hours of operation of such facility shall be as follows: i. The Great American – 7:00 a.m. to 7:00 p.m., Monday through Friday, 7:00 a.m. to 5 p.m. Saturday, and closed on Sunday. ii. Service Star/convenience store - 24 hours a day/seven days a week. (C) That a deceleration lane between Tract 4 and 5 off MacArthur Boulevard , as approved by the City Engineer shall be completed prior to issuance of a certificate of occupancy. (D) Fire Marshal approval of the fire lane configuration as depicted on the Exhibits in Section 3 of this Ordinance. (E) 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. 3 65921 (F) The sign regulations shall be governed by Exhibit K, except as provided below: i. 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. ii. 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 Site Plan, Landscape Plan, Elevations of The Great American, Elevations of the Food Mart, Elevations of the Car Wash, Elevations of the Canopy, Elevations of the Monument Sign, Floor Plan of Great American, Floor Plan of the Convenience Store, and Sign Criteria, attached hereto as Exhibits “B,” “C,” “D,” “E,” “F,” “G,” “H,” “I,” “J,” and “K,” 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. 4 65921 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 TRACT 4 - 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, and the J.H. Donald Survey Abstract No. 1696 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 6.973 acre tract of land described in deed to MacArthur Ridge Partners, L.T.D., as recorded in Volume 5404, Page 5138, Deed Records of Denton County, Texas (D.R.De.C.T.), and being more particularly described as follows: BEGINNING 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 6.973 acre tract of land; THENCE South 63 degrees 57 minutes 11 seconds East, along said corner clip a distance of 105.72 feet to a 5/8-inch found iron rod with a cap stamped “CARTER & BURGESS” (hereinafter referred to as “with C&B cap”) for corner, said point being on the southwesterly right-of-way line of MacArthur Boulevard, same being the northeasterly line of said 6.973 acre tract of land; THENCE South 18 degrees 14 minutes 48 seconds East, along said southwesterly right-of-way line, a distance of 95.74 feet to a 5/8-inch found iron rod for the point of curvature of a circular curve to the right, having a radius of 2,804.79 feet and whose chord bears South 17 degrees 17 minutes 10 seconds East, a distance of 94.05 feet; THENCE in a Southeasterly direction, continuing along said southwesterly right-of-way line, and along said circular curve to the right, through a central angle of 01 degree 55 minutes 16 seconds, an arc distance of 94.05 feet to a 1/2-inch set iron rod with cap for corner; THENCE South 66 degrees 53 minutes 03 seconds West departing said right-of-way line, a distance of 280.26 feet to a 1/2-inch set iron rod with cap for corner; THENCE North 23 degrees 06 minutes 57 seconds West, a distance of 11.50 feet to a 1/2-inch found iron rod with cap for corner; THENCE South 66 degrees 53 minutes 03 seconds West, a distance of 79.02 feet to a 1/2-inch found iron rod with cap for corner; THENCE North 22 degrees 53 minutes 59 seconds West, a distance of 263.80 feet to a 1/2-inch found iron rod with cap for corner in said southeasterly right-of-way line of State Highway 121, same being the northwest line of said 6.973 acre tract of land, also being on the common city limit line between the City of Lewisville, Texas and the City of Coppell, Texas, said point also being the beginning of a non-tangent circular curve to the right, having a radius of 3,804.72 feet and whose chord bears North 68 degrees 04 minutes 21 seconds East, a distance of 306.90 feet; THENCE in a Northeasterly direction, along said southeasterly right-of-way line, and said northwesterly line of the 6.973 acre tract of land, and said common city limit line, curving to the right, through a central angle of 04 degrees 37 minutes 22 seconds, an arc distance of 306.98 feet to THE POINT OF BEGINNING and CONTAINING 97,621 square feet or 2.241 acres of land more or less. 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: Planning DATE: July 6, 2004 ITEM #: 7/I AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1215, Kountry Donuts & Cafe, zoning change 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., and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On May 20, 2004, the Planning Commission unanimously approved this Special Use Permit (6-0). On June 8, 2004, Council unanimously approved this Special Use Permit (6-0). Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: @S-1215 ORD 1-AR (Consent) 1 65772 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 “C-S-1215” (COMMERCIAL-SPECIAL USE PERMIT - 1215) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT WITH DRIVE-THROUGH TO BE LOCATED ALONG THE WEST SIDE OF SOUTH DENTON TAP ROAD, APPROXIMATELY 500 FEET NORTH OF SOUTHWESTERN BOULEVARD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN, ELEVATIONS, AND LANDSCAPE PLAN ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, AND "E”, RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. S-1215 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 “C-S-1215” (Commercial - Special Use Permit-1215) to grant a special use permit for the operation of a restaurant to be located along the west side of South Denton Tap Road, approximately 500 feet north of Southwestern Boulevard and being more particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to special conditions. 2 65772 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 5:00 a.m. to 10:00 p.m., seven days a week. (B) The site shall be developed in accordance with the approved Site Plan, Floor Plan, Elevations and Landscape Plan, which are attached hereto as conditions to the use granted herein. SECTION 3.That the Site Plan, Floor Plan, Elevations and Landscape Plan, attached hereto as Exhibits “B”, “C”, “D”, and "E", respectively, and made a part hereof for all purposes, are hereby approved. SECTION 4.That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5.That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. 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 65772 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 [reviewed only] 6/22/04) DEPT: Planning DATE: July 6, 2004 ITEM #: 8 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the Four Seasons Addition, Lot 2R, (BCE Specialties, Inc.), Site Plan, to allow the construction of an approximate 57,302-square-foot office/warehouse on 4.1 acres of property located at the southeast corner of Sandy Lake Road and Royal Lane. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: June 17, 2004 Decision of P&Z Commission: Approved (6-0) with Commissioners McCaffrey, Milosevich, Kittrell, Halsey, Borchgardt and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) A Tree Removal Permit will be required prior to removal of any protected trees on the site. 2) Tree Mitigation Tabulations on Existing Tree Plan are correct. A contribution to the City of Coppell Reforestation and Natural Areas Fund in the amount of $18,650 will be required. 3) Compliance with the Engineering plat comments. Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: @ 1Four Seasons SP 1-AR Item # 4 Page 1 of 5 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Four Seasons Addition, Lot 2R (BCE Specialties, Inc.), Site Plan P & Z HEARING DATE: June 17, 2004 (Continued from the Commission’s May 20, 2004, meeting.) C.C. HEARING DATE: July 6, 2004 STAFF REP.: Matt Steer, City Planner LOCATION: Southeast corner of Sandy Lake Road and Royal Lane. SIZE OF AREA: 4.1 acres of property. CURRENT ZONING: LI (Light Industrial) REQUEST: Site Plan approval to allow the construction of an approximate 57,302-square-foot office/warehouse. APPLICANT: Owner Architect Beth Cunningham Hardy McCullah/MLM Architects, Inc. 2860 Market Loop Kyle McCullah Southlake, TX 76092 12221 Merit Drive, Suite 280 Phone: (817) 949-2030Dallas, TX 75251 Fax: (817) 488-9158 Phone: (972) 385-1900 Fax: (972) 385-1937 Engineer Pacheco Koch Consulting Engineers C. Jack Evans 8350 N Central Expressway, Suite 1000 Dallas, TX 75206 Phone: (972) 235-3031 Fax: (972) 235-9544 Item # 4 Page 2 of 5 HISTORY: In 1990, a Final Plat and Site Plan were approved for a 13.7-acre tract of property. The original plans included the construction of a 152,000-square-foot building (existing) and a proposed Phase 2 expansion to include a 138,000-square-foot building on the property adjacent to Sandy Lake Road, which was never constructed. In 1999, City Council approved a replat for the northern 4.1 acres to make this tract a separate lot. This approval was subject to a condition that any modification to the existing building would require a site plan review and a replat. The Planning Commission reviewed a Site Plan package on May 20, 2004, and continued the case to June 17, 2004, in order for the applicant to provide revised north and west elevations. TRANSPORTATION:Both Royal Lane and Sandy Lake Road are projected to be C4D/6, four-lane divided thoroughfares in a six-lane divided right-of-way. SURROUNDING LAND USE & ZONING: North- Vacant: LI (Light Industrial) South - Stone Panels, Inc., LI (Light Industrial) East - AmberPoint Business Park, LI (Light Industrial) West - Vacant: LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for Light Industrial/Showroom. DISCUSSION: A 57,302-square-foot office warehouse with seven lease spaces is proposed to be erected on this 4.1-acre site. The primary tenant will be BCE Specialties, Inc., an elevator finish-out company (occupying 22,761- square feet). The remaining six lease spaces will range from 5,000- to 7,515-square feet. The tenants are unknown at this time. There are three 9’x10’ sheltered dock high doors (four feet above ground level) located on the southeast corner of the proposed warehouse to support BCE Specialties, Inc. Each of the smaller lease spaces will have one 10’x10’ grade-level overhead door. These are designed for smaller trucks. All loading will be screened with a 10’ wall on the east and west Item # 4 Page 3 of 5 and with landscaping (45 Eastern Red Cedars and 18 Cedar Elms) along the south property line. The access point and median opening along Sandy Lake are being coordinated with the developers to the north. The access point along Royal is shown at the south end of the property but will have to be relocated due to drainage concerns regarding the location of a storm water inlet. The parking space requirement is calculated with the inclusion of 27,600-square-feet of office space. The building total usage will be limited to 48% office space with the remainder to be warehousing. The access point along Royal will not need to be relocated provided that the Engineering Department approves a modified drainage plan. The Landscape Plan should be modified to reflect the Streetscape Plan and should reflect certain criteria related to the following: 1. Primary Image Zone, 2. Secondary Intersection, and 3. Industrial land use. Within the primary image zones, “Cedar Elms are the dominant street tree in the median and the edges, accented with Redbud and Wild Plum and accent overstory trees of Sweet Gum or Chinese Pistache.” The secondary intersection should have “consistent landscape elements to include a 12” high planting bed for annual and perennial flowers, background plantings of pink and white Crape Myrtles to highlight the bed, and accent overstory trees of Sweet Gum and Chinese Pistache.” The edge design should reflect an industrial land use. This calls for Live Oaks to “soften the edge and provide year-round screening.” Approval will be contingent upon the Landscape Architect revising the plans. The Landscape Architect has modified the plans to reflect the requirements listed in the Streetscape Ordinance. The elevations show two shades of gray with aqua accent squares. Staff requested the applicant to show additional reveals, articulations and windows along the north elevation due to the size of the building and its frontage along Sandy Lake. The Zoning Ordinance makes this a requirement if a building exceeds 100’ in length. The entrance fronting the intersection of Sandy Lake and Royal is recommended to be enhanced as this is one of the major entryways into Coppell. Item # 4 Page 4 of 5 The Architect has changed the following: 1. The soffits were raised from 10’ to 12’ in height. 2. The columns at each entry were extended 2’ from the main structure vertically and horizontally; therefore, the longest expanse without articulation is 69.5’. 3. Canopies were added to each of the entry features, except the east elevation. 4. Can lights were added at each entry to provide shadows, which add interest to the building at night (on original submittal). 5. More accent squares were added (two on each side of the entry). 6. The future entry was added to create a continuous rhythm. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: The Planning staff recommends APPROVAL of the Site Plan, subject to the following conditions being met: 1) Revise the 60’ building setback with parking easement shown in the wrong location parallel with the jog in the property line. 2) Include all dimensions of the property. 3) Due to frontage onto Sandy Lake, a Primary Image Zone, show additional architectural accents to break up the expanse of the wall. These may include items such as reveals, windows, and wall articulations, among others. 4) Enhance the entrance abutting Sandy Lake and Royal. A canopy was added to both sides of the entrance. 5) The Landscape Plan should be modified to reflect the Streetscape Plan and should reflect certain criteria related to the following: a. Primary Image Zone, b. Secondary Intersection, and c. Industrial land use. 6) A Tree Removal Permit will be required prior to removal of any protected trees on the site. Item # 4 Page 5 of 5 7) Tree Mitigation Tabulations on Existing Tree Plan are correct. A contribution to the City of Coppell Reforestation and Natural Areas Fund in the amount of $18,650 will be required. 8) Compliance with the attached Engineering plat comments. 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) Elevations 3) Tree Survey 4) Landscape Plan 5) Engineering Plat Comments DEPT: Planning DATE: July 6, 2004 ITEM #: 9 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of the Four Seasons Addition, Lot 2R, (BCE Specialties, Inc.), Replat, being a replat of Lot 2 of the Four Seasons Addition, to allow the construction of an approximate 57,302-square-foot office/warehouse on 4.1 acres of property located along at the southeast corner of Sandy Lake Road and Royal Lane. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: June 17, 2004 Decision of P&Z Commission: Approved (6-0) with Commissioners McCaffrey, Milosevich, Kittrell, Halsey, Borchgardt and Reese voting in favor. None opposed. Approval is recommended, subject to the following condition: 1) Compliance with the Engineering comments. Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: @ 2Four Seasons RPL 1-AR Item # 5 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Four Seasons Addition, Lot 2R (BCE Specialties, Inc.), Replat P & Z HEARING DATE: June 17, 2004 (Continued from the Commission’s May 20, 2004, meeting.) C.C. HEARING DATE: July 6, 2004 STAFF REP.: Matt Steer, City Planner LOCATION: Southeast corner of Sandy Lake Road and Royal Lane. SIZE OF AREA: 4.1 acres of property. CURRENT ZONING: LI (Light Industrial) REQUEST: Replat approval to allow the construction of an approximate 57,302-square-foot office/warehouse. APPLICANT: Owner Architect Beth Cunningham Hardy McCullah/MLM Architects, Inc. 2860 Market Loop Kyle McCullah Southlake, TX 76092 12221 Merit Drive, Suite 280 Phone: (817) 949-2030Dallas, TX 75251 Fax: (817) 488-9158 Phone: (972) 385-1900 Fax: (972) 385-1937 Engineer Pacheco Koch Consulting Engineers C. Jack Evans 8350 N Central Expressway, Suite 1000 Dallas, TX 75206 Phone: (972) 235-3031 Fax: (972) 235-9544 Item # 5 Page 2 of 4 HISTORY: In 1990, a Final Plat and Site Plan were approved for a 13.7-acre tract of property. The original plans included the construction of a 152,000-square-foot building (existing) and a proposed Phase 2 expansion to include a 138,000-square-foot building on the property adjacent to Sandy Lake Road, which was never constructed. In 1999, City Council approved a replat for the northern 4.1 acres to make this tract a separate lot. This approval was subject to a condition that any modification to the existing building would require a site plan review and a replat. The Planning and Zoning Commission denied the replat for this property on May 20, 2004, due to changes that needed to be made to the north and west elevations of the Site Plan package. TRANSPORTATION:Both Royal Lane and Sandy Lake Road are projected to be C4D/6, four-lane divided thoroughfares in a six-lane divided right-of-way. SURROUNDING LAND USE & ZONING: North- Vacant, LI (Light Industrial) South - Stone Panels, Inc., LI (Light Industrial) East - AmberPoint Business Park, LI (Light Industrial) West - Vacant, LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for Light Industrial/Showroom. DISCUSSION: This is a 4.1-acre replat of the Four Seasons Addition, Lot 2. A 57,302- square-foot office/warehouse is proposed. BCE Specialties, Inc., an elevator finishing company, will be the primary tenant and occupy 22,761- square feet. The business does the interior finish-out of elevators, then ships them to their final destination. The remaining six lease spaces will range from 5,000- to 7,515-square feet, and the tenants are currently unknown. There are three proposed ingress/egress points (two from Sandy Lake and one from Royal). The access point along Royal is shown at the south end of the property, but will have to be relocated due to drainage concerns regarding the location of a storm water inlet. The fire lane easement encircles the building and is accessible off two of the three ingress/egress points. The location of the fire lane easement will be need to be revised to reflect the Item # 5 Page 3 of 4 access point relocation along Royal. It will be reevaluated by the Fire Marshal to ensure conformance with the City of Coppell standards. The access point along Royal will not need to be relocated provided the Engineering Department approves a modified drainage plan. There is a 24’ access easement depicted on the northeast corner of the property. This will need to be extended to connect with the fire lane and be renamed a fire lane and access easement. There is a 24’ fire lane and access easement shown connected by an access easement to the east. There are other minor technical details outlined in the plat conditions. After those are met, the subdivision will meet the Subdivision Ordinance requirements. The technical details outlined in the plat conditions were met. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of the Replat, subject to the following conditions being met: 1) Extend access easement located on the northeast corner of the plat to the proposed fire lane easement, and rename to “fire lane and access easement.” 2) Clearly identify the fire lane easement (shade or bold). 3) Change the Flood Plain Administrator’s signature block to read 2004 in place of 2003. 4) Exclude the specific names under the signature blocks of the utility providers. 5) Show bearings and distances of the fire lane and drainage easements. 6) Indicate turning radii for fire lane (30’ inside, 54’ outside are the minimum required). 7) Compliance with the attached Engineering comments. ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request Item # 5 Page 4 of 4 ATTACHMENTS: 1) Final plat 2) Engineering Comments DEPT: Planning DATE: July 6, 2004 ITEM #: 10 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1216, Cold Stone Creamery, zoning change request from PD-157R6-C (Planned Development-157 Revision 6-Commercial) to PD-157R6-C-S-1216 (Planned Development-157 Revision 6- Commercial-Special Use Permit-1216), to allow the operation of an approximate 1,600-square-foot restaurant to be located at 809 S. MacArthur, Suite 125 (southwest corner of Belt Line Road and MacArthur Boulevard). GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: June 17, 2004 Decision of P&Z Commission: Approved (6-0) with Commissioners McCaffrey, Milosevich, Kittrell, Halsey, Borchgardt and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) The property shall be developed in accordance with the site plan, floor plan and sign plan. 2) The hours of operation shall not exceed 11 a.m. to 11p.m. seven days a week. 3) Raceway shall match color of building. Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: @ 3S-1216, CSC 1-AR Item # 6 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1216, Cold Stone Creamery P & Z HEARING DATE: June 17, 2004 C.C. HEARING DATE: July 6, 2004 STAFF REP.: Matt Steer, City Planner LOCATION: 809 S. MacArthur Boulevard, Suite 125 (southwest corner of Beltline & MacArthur). SIZE OF AREA: 1,600-square-foot restaurant. CURRENT ZONING: PD-157R6-C (Planned Development-157 Revision 6-Commercial) REQUEST: PD-157R6-C-S-1216 (Planned Development-157 Revision 6- Commercial-Special Use Permit-1216) to allow the operation of a 1,600-square-foot restaurant. APPLICANT: Yon-Hui Ho & Leroy Ho 2405 Clearspring Drive South Irving, Texas 75063 PHONE: (214) 673-3443 FAX: (972) 409-9594 HISTORY: This property was platted in 1987 and replatted in 1992. City Council granted approval of a 10,000-square-foot retail building site plan of Phase II on May 11, 1999. On November 9, 1999, Council approved a revised plan, reducing the building size of Phase II to 8,000-square feet. The PD condition for the entire shopping center limited the restaurant usage on the 4.6 acres of property (McDonalds & Phase I & II) to a total of 17,300-square feet of both interior/exterior space, provided parking requirements were met. On January 13, 2004, City Council approved S-1210 for a 1,500-square foot Subway restaurant in this retail building (Phase II). Item # 6 Page 2 of 3 TRANSPORTATION:MacArthur Boulevard is a P6D divided major thoroughfare built to standard in a 110’ right-of-way. Beltline Road is shown on the Thoroughfare Plan as a P6D divided major thoroughfare built to standard in a 120’ right-of-way. SURROUNDING LAND USE & ZONING: North - shopping center , C (Commercial) South - restaurant; PD-157R6 (Planned Development-157R6) East - shopping center; LI (Light Industrial) West - vacant; C (Commercial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for regional retail uses. DISCUSSION: This request is to allow a 1,600-square-foot Cold Stone Creamery restaurant to occupy one of the lease spaces in the 8,000 square-foot building (Phase II) west of McDonalds, off Beltline Road. This is a typical ice cream shop, without a drive-through (only dine-in and/or carry- out). There are proposed to be four two-seat tables (8 seats total). The applicant has requested that the hours of operation not exceed 11 a.m. to 11 p.m., seven days a week. Per the requirements of the Zoning Ordinance, parking for this use is required at a ratio of one space per 100-square feet, thus requiring 16 parking spaces. Prior to the Cold Stone Creamery proposal, the remainder of square footage devoted to restaurant use for the entire 4.6 acre development (McDonalds & Phase I & II) was 3,300-square feet after Subway was added. Including the Cold Stone Creamery would bring the future allowable restaurant uses to 1,700-square feet for the entire PD (McDonalds & Phase I & II), provided that none of the current restaurant uses cease. This lease space will have 19’ 7” of frontage along Beltline Road; therefore, the requested 18.75-square-foot sign is allowable per the Sign Ordinance. The sign face is proposed to be white-channel letters and the logo will be limited to 20% of the total area. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Item # 6 Page 3 of 3 Staff is recommending APPROVAL of PD-157R6-C-S-1216, subject to the following conditions: 1) The property shall be developed in accordance with the site plan, floor plan and sign plan. 2) The hours of operation shall not exceed 11 a.m. to 11p.m. seven days a week. 3) Raceway shall match color of building. 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) Floor Plan 3) Sign Plan DEPT: Planning DATE: July 6, 2004 ITEM #: 11 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD-186R6-LI, Duke-Freeport, zoning change request from PD-186R3-LI (Planned Development-186 Revision 3-Light Industrial) to PD-186R6-LI (Planned Development-186 Revision 6-Light Industrial), to attach a Detail Site Plan to Lots 6 and 7 (formally Building 3), to allow the construction of a 140,000-square-foot building on Lot 6 and a 70,000-square-foot building on Lot 7, totaling approximately 14.13 acres of property located along the west side of Freeport Parkway, south of Creekview Drive. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: June 17, 2004 Decision of P&Z Commission: Approved (6-0) with Commissioners McCaffrey, Milosevich, Kittrell, Halsey, Borchgardt and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Make sure visibility issues are addressed for the median openings when the left turn lanes are completed. Some of the trees may be within a visibility area. 2) Show all proposed easements (public or private) on the Site Plan. (CONDITION MET) 3) Reflect the correct zoning information (PD-186R3-LI) in the reference to the parking requirement variance. (CONDITION MET) 4) Specify color and material to be used on the black-and-white elevations. (CONDITION MET) 5) Revise the building elevations to pop-out the building panels to create additional articulation and relief where the wall expanse exceeds 100’ in length, as required by the Zoning Ordinance. (CONDITION MET) Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: @ 4PD-186R6-LI 1-AR Item # 7 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-186R6-LI, Duke-Freeport P & Z HEARING DATE: June 17, 2004 C.C. HEARING DATE: July 6, 2004 STAFF REP.: Matt Steer, City Planner LOCATION: West side of Freeport Parkway, south of Creekview Drive. SIZE OF AREA: 14.13 acres of property. CURRENT ZONING: PD-186R3-LI (Planned Development-186 Revision 3-Light Industrial) REQUEST: PD-186R6-LI (Planned Development-186 Revision 6-Light Industrial) to attach a Detail Site Plan allow the construction of buildings on Lots 6 and 7. APPLICANT: Applicant: Engineer: Brian Straley Jack Evans Duke Construction, L.P. Pacheco Koch 5495 Beltline Road, Suite 360350 N Central Expressway, Ste. 1000 Dallas, Texas 75254 Dallas, Texas 75206 PHONE: (972) 361-6723 PHONE: (972) 235-3031 FAX: (972) 361-6800 FAX: (972) 235-9544 Architect: Chad Speas Corgan Associates 501 Elm Street, Suite 500 Dallas, Texas 75202 PHONE: (214) 757-1749 FAX: (214) 761-0719 Item # 7 Page 2 of 4 HISTORY: On September 12, 2000, City Council approved a Conceptual Planned Development district (PD-186-LI) for industrial uses to allow the development of seven office/warehouse facilities on approximately 143 acres of property. Also approved was a Final Plat for this property to allow the construction of the extension of Freeport Parkway from Bethel Road to Ruby Road. On January 9, 2001, Council approved a Detail Plan for Tracts 4 and 4X (along the eastside of Freeport, north of Bethel Road) for this PD. Part of this approval was a condition to prepare a Tree Mitigation Plan. In October 2001, Council approved a reduction of parking required for warehouse uses on Tract 1 from one space per 1,000- square feet to one space per 5,000-square feet (across Freeport to the east of this property); allowed for additional monument signage for the entire PD, and attached a Tree Reparation/Landscape Plan to the PD. In May 2002, Council approved PD-186R3 for a Concept Plan for a 195,000-square-foot building, with reduced parking for Tract 3 of the original PD (Proposed Lots 6 & 7). Also that evening, Council approved PD-186R4, for a Detail Plan for Tract 4 (tract southeast of this property) to allow the development of an approximate 160,000-square-foot building for Uline, Inc. This building is currently occupied with potential expansion of the structure approved. In January 2003, a Detail Plan was attached for Tract 1 of this PD (across Freeport to the east) to allow for the construction of a 1,101,500-square-foot office/warehouse building. The Container Store now occupies 653,500-square feet, with a future expansion area of 150,000-square feet. The remaining 298,000-square feet is available for lease to another tenant. TRANSPORTATION:The construction of Freeport Parkway is complete through this property as a C4D/6 four-lane divided built in a six-lane (120-foot) R.O.W. Bethel Road is proposed to be a C4D, (four-lane divided within a 110-foot R.O.W) west of Freeport Parkway. East of Freeport Parkway, Bethel Road is a C2U, two-lane undivided street within 50 feet of right-of- way. There is a 34’ Hike and Bike easement along the western property line (17.5’ actually on the property). A 12-foot-wide trail will be constructed in the future (date uncertain). Item # 7 Page 3 of 4 SURROUNDING LAND USE & ZONING: North- Wagon Wheel Park; LI (Light Industrial) South - Uline, Inc.; PD-186R-LI (Tracts 4 and 4X) (Light Industrial) East – Container Store; PD-186R5-LI (Light Industrial) West - Champion; PD- 185-LI, Tradepoint (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for office, showroom, light industrial and warehousing uses. DISCUSSION: This request is to attach a Detail Plan to this PD to allow for the construction of two office/warehouse buildings, 140,000-square-feet and 69,000-square-feet on Lots 6 and 7, respectively. The tenants are currently unknown. Parking As discussed in the HISTORY section, an amendment to this PD was approved in May 2002 to allow for the required parking to be reduced from one space per 1,000-square feet for warehouse use to one space per 5,000-square feet. Under this ratio, 208 parking spaces would be required for this development, which includes 25% devoted to office space (one space per 300-square feet) and 75% for warehouse. This plan indicates 431 parking spaces, which equates to one space per 618-square feet of warehouse use, which exceeds the standard parking requirements for warehouse use. The future parking locations on the west side of the structures (located in the potential loading areas) is not included in these calculations. Given that the user is unknown at this time, this future parking and excess parking is provided to accommodate any additional unforeseen intensity. Monument Sign The 2001 revision to this PD also allowed for additional monument signage to be included in this PD. Specifically, this tract, now two lots, was permitted to have one 60- square-foot monument sign to advertise the occupant of the one building. The current request is for two 60-square foot monument signs to be permitted, one for the north and one on the south. These are proposed to be located within each site along the common drive at the split. These will amend the proposed signage of the 148-acre master sign plan to add one additional sign and allow for less separation between them and the adjacent property line than is required. The signage will need to match the typical sign elevation attached with the elevations. Furthermore, it must be noted that these buildings will also be allowed to have signage attached to the buildings to advertise their occupants. Item # 7 Page 4 of 4 Landscape Plan The Landscape Plan submitted meets the City’s minimum requirements. The building proposed on Lot 6 will be partially screened by the existing Uline, Inc., building. Along the eastern boundary of Lot 6, there are proposed Cedar Elms every 50’. East of this property line are existing trees already spaced at 50’ intervals. The proposed Cedar Elms will be placed in between the view of the existing trees and will provide a continuous screen for the eastern boundary. Along the north, south and western boundaries of Lot 6 are 9 Bald Cypress, 12 Bald Cypress and 22 Cedar Elms, respectively. In addition, the western boundary has 66 Eastern Red Cedars to screen the truck loading area. The landscaped entry at the east side of the lot provides a visual buffer between the northwestern building and Freeport Parkway. This will have 10 Live Oaks, 5 Chinese Pistache, 3 Cedar Elms and 7 Redbuds. The western property line of Lot 7 is to be landscaped similarly to the western property line of Lot 6. The southern property line will mirror the northern property line of Lot 6. The property line running along Freeport will have the following spaced adjacent to the right-of-way on a grassy berm: 7 Bald Cypress, 13 Live Oaks, 12 Wax Myrtle’s, 5 Chinese Pistache, 6 Cedar Elms, and 7 Redbuds Access There are three access points proposed. One is located at the north end, one toward the middle and one at the south boundary of Freeport. The southernmost drive will be a fire lane and mutual access drive with Uline, Inc., and each of the proposed buildings. The two proposed lots will share a drive in the middle and be served by a median break. The trees lost within the median by the construction will be relocated/replaced. The northernmost entry will serve the northern building. Architecture The previously approved Concept Plan for this site showed a 194,000-square-foot building on one lot. Due to the excess capacity of the pond located east of this property (The Container Store), the detention pond previously proposed is not needed; therefore, the current proposal is for two smaller buildings located on two lots that partially drain to the eastern property. The north building is 70,000-square feet and the south building is 140,000-square feet, totaling 210,000-square feet. Multiple buildings are preferred over the previously proposed single building in order to break up the building expansiveness. The colors proposed are earth-tone colors. The main colors are Egret white (cream) and Stucco Greige (beige), with an accent color of Victoria Falls (seafoam green). The elevations of the buildings give dimensions between the proposed articulation of each building’s façade. There are several distances between articulation changes that do not meet the 100’ maximum distance requirement set forth in the Zoning Ordinance. Staff, in meeting with the applicant, pointed out the deficiency in articulation. The applicant Item # 7 Page 5 of 4 deferred the architectural change to the Planning and Zoning Commission for their recommendation. Staff recommends enhancing the visible sections of the buildings from the roadway with the necessary articulation and additional entryway features in order to meet this requirement. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of this request, subject to the following conditions: 1) Make sure visibility issues are addressed for the median openings when the left turn lanes are completed. Some of the trees may be within a visibility area. 2) Show all proposed easements (public or private) on the Site Plan. 3) Reflect the correct zoning information (PD-186R3-LI) in the reference to the parking requirement variance. 4) Revise elevations to show additional articulation, reveals and accent materials. 5) Specify color and material to be used on the black-and-white elevations. 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) Elevations for Lot 6 Building 3) Elevations for Lot 7 Building 4) Tree Mitigation and Landscape Plan for Lot 6 5) Tree Mitigation and Landscape Plan for Lot 7 DEPT: Planning DATE: July 6, 2004 ITEM #: 12 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of the Duke-Freeport Addition, Lots 6 and 7, Block A, Replat, being a replat of a portion of Lot 2, Block A, to allow the construction of a 140,000-square-foot building on Lot 6 and a 70,000-square-foot building on Lot 7, totaling approximately 14.13 acres of property located along the west side of Freeport Parkway, south of Creekview Drive. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: June 17, 2004 Decision of P&Z Commission: Approved (6-0) with Commissioners McCaffrey, Milosevich, Kittrell, Halsey, Borchgardt and Reese voting in favor. None opposed. Approval is recommended, subject to the following condition: 1) Refer to the Engineering comments. Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: @ 5Duke-Freept RPL 1-AR Item # 8 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Duke-Freeport Addition, Lots 6&7, Block A, Replat P & Z HEARING DATE: June 17, 2004 C.C. HEARING DATE: July 6, 2004 STAFF REP.: Matt Steer, City Planner LOCATION: West side of Freeport Parkway, south of Creekview Drive. SIZE OF AREA: 14.13 acres of property. CURRENT ZONING: PD-186R3-LI (Planned Development-186 Revision 3-Light Industrial) REQUEST: Replat approval of a portion of Lot 2, Block A, to allow the construction of buildings on Lots 6 and 7. APPLICANT: Applicant: Engineer: Brian Straley Jack Evans Duke Construction, L.P. Pacheco Koch 5495 Beltline Road, Suite 360 350 N Central Expressway, Ste. 1000 Dallas, Texas 75254 Dallas, Texas 75206 PHONE: (972) 361-6723 PHONE: (972) 235-3031 FAX: (972) 361-6800 FAX: (972) 235-9544 HISTORY: On September 12, 2000, Council approved a Conceptual Planned Development district (PD-186-LI) for industrial uses to allow the development of seven office/warehouse facilities on approximately 143 acres of property. Also approved was a Final Plat for this property to allow the construction of the extension of Freeport Parkway from Bethel Road to Ruby Road. Item # 8 Page 2 of 3 On January 9, 2001, Council approved a Detail Plan for Tracts 4 and 4X (along the eastside of Freeport, north of Bethel Road) for this PD. Part of this approval was a condition to prepare a Tree Mitigation Plan. In October 2001, Council approved a reduction of parking required for warehouse uses on Tract 1 from one space per 1,000- square feet to one space per 5,000-square feet (across Freeport to the east of this property), allowed for additional monument signage for the entire PD and attached a Tree Reparation/Landscape Plan to the PD. On May 2002, Council approved PD-186R3-LI for a Concept Plan for a 195,000-square-foot building, with reduced parking for Tract 3 of the original PD (Proposed Lots 6 & 7). Also that evening, Council approved PD-186R4-LI, for a Detail Plan for Tract 4 (tract southeast of this property) to allow the development of an approximate 160,000- square-foot building for Uline, Inc. This building is currently occupied with potential expansion of the structure approved. In January 2003, a Detail Plan was attached for Tract 1 of this PD (across Freeport to the east) to allow for the construction of a 1,101,500-square- foot office/warehouse building. The Container Store now occupies 653,500-square feet, with a future expansion area of 150,000-square feet. The remaining 298,000-square feet is available for lease to another tenant. TRANSPORTATION:The construction of Freeport Parkway is complete through this property as a C4D/6 four-lane divided built in a six-lane (120-foot) R.O.W. Bethel Road is proposed to be a C4D, (four-lane divided within a 110-foot R.O.W) west of Freeport Parkway. East of Freeport Parkway, Bethel Road is a C2U, two-lane undivided street within 50-feet of right-of- way. There is a 34’ Hike and Bike easement along the western property line (17.5’ actually on the property). A 12-foot wide trail will be constructed in the future (date uncertain). SURROUNDING LAND USE & ZONING: North- Wagon Wheel Park; LI (Light Industrial) South - Uline, Inc.; PD-186R-LI (Tracts 4 and 4X) (Light Industrial) East – Container Store; PD-186R5-LI (Light Industrial) West - Champion; PD- 185-LI, Tradepoint (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for office, showroom, light industrial and warehousing uses. Item # 8 Page 3 of 3 DISCUSSION: This is a replat of Lot 2, Block A, Duke-Freeport Addition. It is establishing two lots (Lots 6 & 7). Both lots will be served by the same two mutual access and fire lane easements encircling each of the proposed structures. Lot 6 has two private drainage easements to accept the runoff from Lot 7. This will allow Lot 7 to drain to the south into a larger drainage easement already established along the southern property line. There is a 10’ utility easement along the south end of the property adjacent to this larger drainage easement. Along the west property line is a Hike and Bike Trail easement overlaying a TXU utility easement and a TXU gas/electric easement. There is a 10’ utility easement along Freeport to be established by this plat. Also, there is a 15’ private sewer easement proposed to serve Lot 7 through Lot 6. Staff recommends extending the public sewer along Freeport; therefore, this easement will not be necessary. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of this request, subject to the following condition: 1) Refer to the attached Engineering comments. ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Engineering comments 2) Replat DEPT: Planning DATE: July 6, 2004 ITEM #: 13 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the Gateway Business Park No. 2, Lot 2, Block A (Avaya), Site Plan Amendment, to allow the construction of a 2,204-square-foot enclosed equipment yard to house two diesel generators and two diesel fuel storage tanks along the north side of the existing building located at 1111 Freeport Parkway. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: June 17, 2004 Decision of P&Z Commission: Approved (6-0) with Commissioners McCaffrey, Milosevich, Kittrell, Halsey, Borchgardt and Reese voting in favor. None opposed. Approval is recommended, subject to the following condition: 1) A tree removal permit will be required if the five trees are removed. Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: @ 6GBP2 SPA 1-AR Item # 11 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Gateway Business Park No. 2, Lot 2, Block A (Avaya), Site Plan Amendment P & Z HEARING DATE: June 17, 2004 C.C. HEARING DATE: July 6, 2004 STAFF REP.: Gary L. Sieb, Planning Director LOCATION: 1111 Freeport Parkway. SIZE OF AREA: 2,204-square feet of property. CURRENT ZONING: LI and HC (Light Industrial and Highway Commercial) REQUEST: Site Plan amendment to allow the construction of an approximate 2,000-square foot enclosed equipment yard to house two diesel generators and two diesel fuel storage tanks along the north side of the existing building. APPLICANT: Mr. Brion Sargent 1A Interior Architects 3232 McKinney Ave., Suite 970 Dallas, Texas 75204 (214) 740-1922 Fax: (214) 740-1933 HISTORY: This property was platted and developed with a 100,000-square-foot, two-story building in 1998-99. At that time, it was the home of Lucent Technologies. In 2000 ownership changed, and today, the building is occupied by Avaya Communications. Item # 11 Page 2 of 2 TRANSPORTATION:Freeport Parkway is a C4D/6, four-lane divided thoroughfare within a 95- foot wide right-of-way. SURROUNDING LAND USE & ZONING: North – vacant; HC (Highway Commercial) South – vacant: HC (Highway Commercial) and LI (Light Industrial) East – vacant; LI (Light Industrial) West - LBJ Freeway; A (Agriculture) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for freeway commercial uses. DISCUSSION: This property was developed as a 99,495-square-foot, two-story building to house Lucent Technologies in 1998-99. In 2000, the building was acquired by Avaya Communications and is one of its regional offices. The generators and fuel tanks are needed for back up to the existing power grid serving the building. As explained to staff, if there is a power outage, these back-up generators would ensure 24-hour-per-day, seven-day-per- week service to the building, with no interruption in service. Based on the fact that the structure surrounding these facilities is the same design and is constructed of the same material as the building itself, staff can support this request. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of this request, subject to the following condition: 1) A tree removal permit will be required if the five trees are removed. 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 with structure elevations DEPT: Planning DATE: July 6, 2004 ITEM #: 14 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). See attached fax from the applicant requesting a postponement till July 6th. Agenda Request Form - Revised 02/04 Document Name: @ 7PD-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: Planning DATE: July 6, 2004 ITEM #: 15 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1030R, Daddy Jack’s, zoning change 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, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On May 20, 2004, the P&Z Commission approved this Special Use Permit revision (5-1). Commissioner Reese opposed. On June 8, 2004, Council approved this Special Use Permit revision (5-1). Councilwoman Tunnell opposed. Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: @ 8S-1030R ORD 1-AR 1 65786 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM “C-S-1030” (COMMERCIAL-SPECIAL USE PERMIT-1030) TO “C-S-1030R” (COMMERCIAL-SPECIAL USE PERMIT – 1030 REVISED) TO REVISE THE SPECIAL USE PERMIT TO ALLOW FOR OUTDOOR SEATING AREA ALONG THE SOUTH SIDE OF THE BUILDING, LOCATED AT 150 S. DENTON TAP ROAD, SUITE 101 IN COPPELL, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN FOR BRAEWOOD CENTRE, SITE PLAN FOR THE PATIO AREA, AND FLOOR PLAN FOR EXISTING RESTAURANT, ATTACHED HERETO AS EXHIBITS “B”, “C” AND "D"; 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-1030R should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from “C-S-1030” (Commercial - Special Use Permit-1030) to “C-S-1030R” (Commercial - Special Use Permit-1030 Revised) to allow for outdoor 2 65786 seating area along the south side of the building, located at 150 S. Denton Tap Road, Suite 101 in Coppell, Texas, for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to special conditions. SECTION 2.That the revised Special Use Permit to allow for outdoor seating area, is hereby approved subject to the following special conditions: (A) That accept as amended herein, the property shall be developed in accordance with Ordinance 297-A-41, which is incorporated herein as set forth in full and hereby republished. (B) The development shall be in accordance with the site plan, patio plan and revised floor plan. (C) 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. (D) There shall be no preparation and/or staging of food and/or beverages on this patio. (E) Table lighting and outdoor music (not exceeding the music level inside the restaurant) shall be allowed. There shall be no live music allowed on the patio. (F) Provide a four-foot hedge from the fence opening at the east end of the building to the middle of the arc of the fence as depicted on Exhibit “B.” SECTION 3.that site plan for Braewood Centre, site plan for the patio area, and floor plan for existing restaurant attached hereto as Exhibits “B”, “C” and "D", and made a part hereof for all purposes, are hereby approved. 3 65786 SECTION 4.That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5.That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. 4 65786 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) [reviewed only 06/22/04] DEPT: Planning DATE: July 6, 2004 ITEM #: 16 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-201-TH-2, Riverchase Townhomes, Lots 1-49, zoning change 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 all common areas on 4.42 acres of property located along the east side of MacArthur Boulevard, approximately 1,400 feet north of Riverchase Drive, and an amendment to the Land Use Plan of the 1996 Comprehensive Master Plan from Light Industrial/Showroom to Residential High Density, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On May 20, 2004, the Planning Commission approved both the zoning change and Land Use Plan amendment (6- 0). On June 8, 2004, Council approved both the zoning change and Land Use Plan amendment (5-1), with Councilwoman Tunnell opposing. Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: @ 9PD-201 ORD 1-AR 1 65936 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 “PD-201-TH-2” (PLANNED DEVELOPMENT – 201 – TOWNHOUSE-2) TO ALLOW FOR THE DEVELOPMENT OF FORTY-EIGHT(48) SINGLE-FAMILY ATTACHED HOMES AND ALL COMMON AREAS ON 4.42 ACRES OF PROPERTY LOCATED ALONG THE EAST SIDE OF MACARTHUR BOULEVARD, APPROXIMATELY 1,400 FEET NORTH OF RIVERCHASE DRIVE AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; AND FURTHER AMENDING, IN PART, THE LAND USE MAP OF THE COMPREHENSIVE PLAN CHANGING THE DESIGNATION FROM LIGHT INDUSTRIAL/SHOWROOM TO A HIGH DENSITY RESIDENTIAL DESIGNATION ON THE TRACT OF LAND AS DESCRIBED HEREIN, AND AUTHORIZING THE DIRECTOR OF PLANNING TO AMEND THE LAND USE MAP IN ACCORDANCE THE EXHIBIT “B”, PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, AND ELEVATIONS, AND COLOR RENDERING, ATTACHED HERETO AS EXHIBITS “C”, “D”, “E” AND “F,” 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-201-TH-2 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. 2 65936 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 “PD-201- TH-2”(Planned Development – 201 –Townhouse-2) to provide the appropriate zoning district for the development of forty-eight (48) single family attached homes and all common areas on 4.42 acres of property located along the east side of MacArthur Boulevard, approximately 1,400 feet north of Riverchase Drive, and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes and further amending, in part, the Land Use Map of the Comprehensive Plan changing the designation from Light Industrial/Showroom to a High Density Residential designation on the tract of land as described herein, and authorizing the Director of Planning to amend the Land Use Map in accordance the Exhibit “B”. SECTION 2.That the property shall be developed in accordance with TH development standards under the Coppell Zoning Ordinance except as amended in the special conditions, which are as follows: A) Lot #49 must conform to the provisions of Sec. 33-1-8-C of the Zoning Ordinance. B) Provide rear-yard fencing around project, preferable decorative metal with brick columns matching brick of buildings. C) A disclosure statement, as approved by the Director of Planning, must be made at the time of the signing of the purchase contract that this development is adjacent to a lighted public park with night time use until 11 p.m. 3 65936 SECTION 3.That Site Plan, Landscape Plan, Elevations, and Color Rendering attached hereto as Exhibits “C”, “D”, “E”, and “F” respectively, and made a part hereof for all purposes, are hereby, approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a 4 65936 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 6/29/04) 22EXHIBIT “B”LAND USE AMENDMENTFrom: Light Industrial/ShowroomTo: Residential High Density DEPT: Planning DATE: July 6, 2004 ITEM #: 17 AGENDA REQUEST FORM ITEM CAPTION: 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. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: March 18, 2004 Decision of P&Z Commission: Approved (6-0) with Commissioners McCaffrey, Milosevich, Kittrell, Borchgardt, Foreman and Reese voting in favor. None opposed. Approval is recommended to revise Sec. 12-29-4. Provisions for business zoning districts, subject to adding additional language to revise Sec. 12-29-4.2(A) to read as follows: Signs are permitted in any business zoning district, subject to the following restrictions. ……. 2. Monument signs: Monument signs are permitted in business zoning districts as follows. (A) Monument signs must be built on a monument base, as opposed to a pole base, with no separation between the base of the sign and natural grade. A monument sign shall contain only the name, logo, address, product or service of the establishment, and in the case of gasoline service stations only, the price per gallon of gasoline, and in the case of governmental and religious organizations only, information concerning forthcoming public events. In the case of a multi-tenant office or retail/ commercial building, the monument sign shall only advertise the name/address of the building or retail center, and not the individual tenants of the building. No other advertising or promotional information is permitted thereon. Such sign may be single or double-faced. Can signs made of plastic or similar materials are not permitted as detached (monument) signs. Backlit plastic is not permitted within detached (monument) signs. ……. On April 13, 2004, Council voted to continue its discussion of Section 12-29-4.2(A) to its meeting of June 8, 2004. On June 8, 2004, Council voted to continue consideration to its July 6, 2004, meeting. Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: @10TA 12-29-4 1-AR Item # 9 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Text Amendments to Sign Regulations for Business Districts P & Z HEARING DATE: March 18, 2004 C.C. HEARING DATE: April 13, 2004 STAFF REP.: Marcie Diamond, Assistant Planning Director DISCUSSION: As the City of Coppell matures and various areas develop and redevelop, sign regulations need to be reviewed and revised. These revisions address advertising on monument signs, new signs in existing retail and office buildings and attached signs in the industrial areas. The first revision to the Sign Ordinance is to formalize a long-standing policy, which is based on an interpretation of the existing ordinance, to discourage multi-tenant office and retail building owners from placing individual tenant names on the monument signs. This revision will limit the verbiage on the sign to the name/address of the building only. The rationale for this change is based on long-term maintenance, safety and aesthetic issues. Typically, when a tenant moves out, the building owner retains the nameplate on the monument sign until a new tenant moves in. This results in businesses, no longer at that location, being advertised. When a new tenant moves in, and the nameplate is replaced, it generally does not match the other tenant nameplates, in terms of color, font and materials. These signs then become unsightly. In addition, older monument signs have so many businesses listed that driving along adjacent streets, at the posted speed limit, makes reading the sign difficult. The proposed revisions to this provision are indicated with double underline. Item # 9 Page 2 of 4 “Sec. 12-29-4. Provisions for business zoning districts. Signs are permitted in any business zoning district, subject to the following restrictions. …. 2. Monument signs: Monument signs are permitted in business zoning districts as follows. (A) Monument signs must be built on a monument base, as opposed to a pole base, with no separation between the base of the sign and natural grade. A monument sign shall contain only the name, logo, address, product or service of the establishment, and in the case of gasoline service stations only, the price per gallon of gasoline, and in the case of governmental and religious organizations only, information concerning forthcoming public events. In the case of a multi-tenant office or retail/ commercial building, the monument sign shall only advertise the name/address of the building or retail center, and not the individual tenants of the building. No other advertising or promotional information is permitted thereon. Such sign may be single or double-faced. Can signs made of plastic or similar materials are not permitted as detached (monument) signs. Backlit plastic is not permitted within detached (monument) signs. The intent of the second revision is to allow a new sign to match the existing color of all of the existing signs on a building, although not compliant with the current color palette of the Ordinance. For example, the medical office/retail building at 580 S. Denton Tap Road, all of the signs are red. A new sign being white, ivory, black or neutral colors would not be aesthetically pleasing. The option of changing all signs to be compliant with the existing color palette is also encouraged. All new signage Item # 9 Page 3 of 4 in existing retail centers, which have a variety of multi- colored signs, shall be compliant with the color pallet of the existing Sign Ordinance. …. “3. Attached signs: Attached signs are permitted in business areas in accordance with the following provisions: i. Attached signs shall consist of individually-mounted channel letters in white, ivory, black or neutral colors. In the event that a building has existing attached signs of all one color, not compliant with the colors specified herein, then the new sign may either match the color of the existing signs on the building, or be white, ivory, black or neutral. It is the intent of this provision that all tenant signage be the same color in any individual building. Raceways shall match the color of the materials to which they are mounted. All illumination shall be limited to white or off-white. Logos in any color shall be permitted, but shall not exceed 20 percent of the area of the sign. Attached signs in areas zoned Light Industrial are exempt from the color and logo size restrictions and the requirement for individually-mounted letters. Refer to 12-29-4.3(D) for additional regulations on attached signs in Industrial zoned areas. …. This revision also includes an exemption to the provisions of this Ordinance for buildings constructed in areas zoned Light Industrial. Given the size and massing of the typical buildings in our industrial areas, attached signs actually provide architectural relief and interest in an otherwise Item # 9 Page 4 of 4 unadorned wall. No revisions are being recommended to the permitted height, effective area, location of attached signs, etc. in the industrial areas. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of the above revisions to Section 12-29- 4.2(A), and 4.3(A)i. 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) Examples of Monument Signs in Retail Areas. 2) Existing Signs at 580 S. Denton Tap 3) Examples of Attached Signs in the Industrial District Proposed Revisions to Section 12-29-4.2(A)WOULD NOT BEPERMITTEDPERMITTED DEPT: City Manager DATE: July 6, 2004 ITEM #: 18 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an ordinance amending the Code of Ordinances by amending Chapter 6, Section 6-15-7, Subsection 3, to provide for additional information to be included on temporary off-premise signs for religious institutions and by amending Subsection 6 to provide for school-sponsored events and athletic events, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: !Sign AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 6, SECTION 6-15-7, SUBSECTION 3, TO PROVIDE FOR ADDITIONAL INFORMATION TO BE INCLUDED ON TEMPORARY OFF-PREMISE SIGNS FOR RELIGIOUS INSTITUTIONS AND BY AMENDING SUBSECTION 6 TO PROVIDE FOR SCHOOL SPONSORED EVENTS AND ATHLETIC EVENTS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 6-15-7 of the City of Coppell Code of Ordinances provides contains the provisions for temporary off-premise signs; and WHEREAS, the City desires to expand those provisions to provide for school sponsored events and athletic events; and, WHEREAS, adopting such provision is in the interest of the City and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS; SECTION 1. That Chapter 6 of the City of Coppell Code of Ordinance, be, and the same is, hereby amended by amending section 6-15-7, which shall read as follows: “Sec. 6-15-7. Provisions for temporary off-premise signs. . . . . . 3. Religious institutions: Religious institutions may erect temporary off-premise signs which refer to location, service schedules, telephone number or internet web site. . . . . . . . . . . 6. Community event notices: Bonafide non-profit organizations, school sponsored events, or athletic events conducted at a local public facility may erect temporary off-premise signs which refer to an activity or function. Such signs shall not be erected for more than ten consecutive days. Sign faces shall not exceed six square feet in effective area or 36 inches in height as measured from grade, as depicted in Figure 1. Signs 1 65933 for events benefiting non-profit organizations that are sponsored by a private business shall use a font for the name of the non-profit that is three (3) times the size of the font used for the name of the private business as depicted in Figure 1. Signs may only be placed with the city’s right-of- ways as listed in Section 6-15-8 Sign Zones, of this Article. No sign will be otherwise allowed within any street median or attached to any tree, public utility pole, street sign, traffic control sign or devise or other sign. A permit shall be required for these signs; however, no permit fee will be assessed to any non-profit organization or public school sponsored event, all other organizations must pay the fee otherwise required for on premise signs. SECTION 3. 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 of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 5. That this ordinance 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 2 65933 ATTEST: _______________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 6/29/04) 3 65933 DATE: July 6, 2004 ITEM #: 19 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork DATE: July 6, 2004 ITEM #: 20 AGENDA REQUEST FORM CITY MANAGER'S REPORT A. Vector Control. Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: July 6, 2004 ITEM #: 21 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Repor t by Mayor Stover regarding 4th of July Celebration. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: July 6, 2004 ITEM #: 22 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: July 6, 2004 Department Submissions: Item Nos. 7/D, 7/E and 7/F were placed on the Agenda for the above- referenced City Council meeting by the Engineering Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Engineering Department Item Nos. 7/G, 7/H, 7/I, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 were placed on the Agenda for the above-referenced City Council meeting by the Planning Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items 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