CM 2004-07-06MINUTES OF JULY 6~ 2004
The City Council of the City of Coppell met in Special Called Session on
Tuesday, July 6, 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
Billy Faught, Councilmember
Thom Suhy, Councilmember
Bill York, Councilmember
Councilmember Tunnell was absent from the meeting. Also present were City
Manager Jim Witt, City Secretary Libby Ball and City Attorney David Dodd.
SPECIAL SESSION
(Open to the Public)
Call to order.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened into Executive Session.
EXECUTIVE SESSION
(Closed to the Public)
Convene 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.
Mayor Stover convened into Executive Session at 5:46 p.m. as allowed under
the above-stated article. Mayor Stover adjourned the Executive Session at 6:13
p.m. and opened the Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion rel/iardinl/[ Board and Commission Interviews.
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Discussion regarding a ban on fishing at Allen Road Park.
Discussion regarding Animal Ordinance.
Discussion regarding Temporary Sign Ordinance
Revisions.
Discussion of Agenda Items.
SPECIAL SESSION
(Open to the Public)
Invocation.
Pastor Ken Hovland, Rejoice Lutheran Church led those present in the
Invocation.
Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
Citizens' Appearances.
There was no one signed up to speak on this item.
Consider approval of the following consent agenda items:
A. Consider approval of minutes: June 22, 2004.
Consider approval of canceling the reE'ular Council
Meeting scheduled for July 13, 2004.
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.
Consider approval of an interlocal agreement with Dallas
County to perform ditch work alonE 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
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work, at a cost not to exceed $11,570 as budEeted in the
IMF; and authorizinE the Mayor to siEn.
Consider approval of a variance to Floodplain
ManaEement Ordinance No. 94-639, Article 4, Section B,
Item 1 l(a), which states that the Floodplain
Administrator must "assure that conditional approvals
are received from the Federal EmerEency ManaEement
AEency before a Floodplain Development Permit is
issued" for the proposed St. Andrews Estates alonE Old
Denton Creek.
Fe
Consider approval of a license aEreement between the
City of Coppell and Windsor Estates of Coppell
Residential Association, Inc. to allow the existinE entry
feature and landscapinE to remain within a portion of the
Deforest Road riEht-of-way; and authorizinE the City
ManaEer to siEn.
Land Use and Development
Consider approval of an Ordinance for Case No. PD-
145R3, WoodridEe, Section 5, Lot 58, Block A, zoninE
chanEe 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 authorizinE the Mayor to siEn.
He
Consider approval of an Ordinance for Case No. S-1211,
Service Star, zoninE chanEe from PD-199-HC (Planned
Development-199-HiEhway Commercial) to PD-199-HC-S-
1211 (Planned Development-199-HiEhway Commercial-
Special Use Permit-1211), to allow the development of
auto repair EaraEe, car wash, convenience store and
Easoline service station on approximately 2 acres of
property located at the southwest corner of S.H. 121 and
MacArthur Blvd., and authorizinE the Mayor to siEn.
Consider approval of an Ordinance for Case No. S-1215,
Kountry Donuts & Cafe, zoninE chanEe from C
(Commercial) to C-S-1215 (Commercial, Special Use
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Action:
Permit-1215), to allow a 1,400-square-foot restaurant
with drive-throuEh service on 0.49 of an acre property
located alonE the west side of S. Denton Tap Road,
approximately 500 feet north of Southwestern Blvd., and
authorizinE the Mayor to siEn.
Councilmember Peters moved to pull Item H and approve Items A, B, C
carrying Ordinance No. 2004-1076, D, E, F, G carrying Ordinance No.
91500-A-378, and I carrying Ordinance No. 91500-A-380.
Councilmember York seconded the motion, the motion carried 6-0 with
Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Faught,
Suhy and York voting in favor of the motion.
7H.
Consider approval of an Ordinance for Case No. S-1211, Service
Star, zoninE chanEe from PD-199-HC {Planned Development-
199-HiEhway Commercial} to PD-199-HC-S-1211 {Planned
Development-199-HiEhway Commercial-Special Use Permit-
1211), to allow the development of auto repair EaraEe, car
wash, convenience store and Easoline service station on
approximately 2 acres of property located at the southwest
corner of S.H. 121 and MacArthur Blvd., and authorizinE the
Mayor to siEn.
Presentation:
Gary Sieb, Planning Director, made a presentation to Council.
Action:
Councilmember York moved to approve 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.
Councilmember Peters seconded the motion, the motion carried 6-0 with
Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Faught,
Suhy and York voting in favor of the motion.
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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.
Action:
Councilmember York moved to approve 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 subject to the following conditions:
A Tree Removal Permit will be required prior to removal of
any protected trees on the site.
°
Contingent upon a revised Landscape Plan and Tree
Preservation Retribution Plan to be brought forth and
submitted in six months and prior to the issuance of the
Certificate of Occupancy.
3. Compliance with Engineering plat comments.
Plat:
No comments
Preliminary Gradintl Plan
A. Regarding the note that says "Contractor to
obtain permission in writing from property
owner prior to commencing offsite grading work"
...the City will need that written permission
before the permit is issued.
Bo
There is an existing inlet at a low point in Royal
Lane where you are showing to construct your
driveway. Due to the fact that it is a low point,
the driveway should be relocated to avoid the
inlet.
ao
Preliminary Drainatle Plan
Relocate driveway out of the way of the low point
inlet in Royal Lane.
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Bo
The timing of this project needs to be taken into
consideration with the timing for the Sandy Lake
Road widening project. We expect that the road
will be under construction beginning in October
of this year. If the drainage that is to be
constructed with that project is not in place, you
will need temporary headwall structures on your
outfalls, and some type of temporary bridge
structure for your driveways. Alternatively, you
can construct the driveways at a later day, but
at any rate, coordination is a must for these
projects.
Additional comments may be generated during full
engineering review.
Mayor Pro Tem Raines seconded the motion, the motion carried 6-0 with
Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Faught,
Suhy and York voting in favor of the motion.
PUBLIC HEARING:
Consider approval of the Four Seasons Addition, Lot 2R, (BCE
Specialties, Inc.), Replat, beint[ 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 alont[ at the southeast corner of Sandy Lake Road and
Royal Lane.
Presentation:
Gary Sieb, Planning Director, made a presentation to Council.
Public Hearinti:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember York moved to close the Public Hearing and approve 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
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property located along at the southeast corner of Sandy Lake Road and
Royal Lane subject to the following condition:
1. Compliance with Engineering comments
Plat
No comments
Preliminary Gradintl Plan
A. Regarding the note that says "Contractor to obtain
permission in writing from property owner prior to
commencing offsite grading work" ...the City will need
that written permission before the permit is issued.
Bo
There is an existing inlet at a low point in Royal Lane
where you are showing to construct your driveway.
Due to the fact that it is a low point, the driveway
should be relocated to avoid the inlet.
Preliminary Drainatle Plan
A. Relocate driveway out of the way of the low point inlet
in Royal Lane.
Bo
The timing of this project needs to be taken into
consideration with the timing for the Sandy Lake Road
widening project. We expect that the road will be
under construction beginning in October of this year.
If the drainage that is to be constructed with that
project is not in place, you will need temporary
headwall structures on your outfalls, and some type of
temporary bridge structure for your driveways.
Alternatively, you can construct the driveways at a
later date, but at any rate, coordination is a must for
these projects.
Councilmember Brancheau seconded the motion, the motion carried 6-0
with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters,
Faught, Suhy and York voting in favor of the motion.
10.
PUBLIC HEARING:
Consider approval of Case No. S-1216, Cold Stone Creamery,
zonintl chantle request from PD- 157R6-C {Planned
Development-157 Revision 6-Commercial) to PD-157R6-C-S-
1216 {Planned Development-157 Revision 6-Commercial-
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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).
Presentation:
Gary Sieb, Planning Director, made a presentation to Council.
Leroy Ho, 2405 Clear Springs Drive South, Irving, Applicant, addressed
Council questions.
Public Hearinti:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Mayor Pro Tem Raines moved to close the Public Hearing and approve
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)
subject to the following conditions:
The property shall be developed in accordance with the site
plan, floor plan and sign plan.
The hours of operation shall not exceed 11 a.m. to 11 p.m.
seven days a week.
3. Raceway shall match color of building.
Councilmember Suhy seconded the motion, the motion carried 6-0 with
Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Faught,
Suhy and York voting in favor of the motion.
11.
PUBLIC HEARING:
Consider approval of Case
zoninl/[ chanl/ie request
No. PD-186R6-LI, Duke-Freeport,
from PD- 186R3-LI (Planned
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Development-186 Revision 3-LiEht Industrial) to PD-186R6-LI
(Planned Development-186 Revision 6-LiEht Industrial), to
attach a Detail Site Plan to Lots 6 and 7 (formally BuildinE 3),
to allow the construction of a 140,000-square-foot buildinE on
Lot 6 and a 70,000-square-foot buildinE on Lot 7, totalinE
approximately 14.13 acres of property located alonE the west
side of Freeport Parkway, south of Creekview Drive.
Presentation:
Gary Sieb, Planning Director, made a presentation to Council.
Public Hearinti:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Faught moved to close the Public Hearing and approve
Case No. PD-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 subject to the following conditions:
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.
Councilmember York seconded the motion, the motion carried 6-0 with
Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Faught,
Suhy and York voting in favor of the motion.
12.
PUBLIC HEARING:
Consider approval of the Duke-Freeport Addition, Lots 6 and 7,
Block A, Replat, beinE a replat of a portion of Lot 2, Block A, to
allow the construction of a 140,O00-square-foot buildinE on Lot
6 and a 70,O00-square-foot buildinE on Lot 7, totalinE
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approximately 14.13 acres of property located alonE the west
side of Freeport Parkway, south of Creekview Drive.
Presentation:
Gary Sieb, Planning Director, made a presentation to Council.
Brian Straley, 5495 Belt Line, Irving, Applicant, answered questions from
Council.
Public Hearinti:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember York moved to close the Public Hearing and approve 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 subject to the
following conditions:
1. Refer to the Engineering comments.
Water and Sewer Plan
A. The fire line on Sheet C4.0 shows tying into the existing
system on Lot 5 Block A. That is a privately owned and
maintained system and as such needs to remain
independent of this fire line. Loop your fire line exclusive of
this property.
Bo
The same is true of the fire line on Lot 6 versus Lot 7 - those
also need to be independent of each other.
Co
This is also true of the
buildings. You cannot
independent which will
8" sanitary sewer onto
Lot 7 and one for Lot 6.
water and sewer service to these two
combine the services, they must be
require the extension of the existing
Lot 7 and two service lines, one for
Do
Water service will need to be relocated from Lot 7 to Lot 6 to
serve the Lot 6 building as well.
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Additional comments may be forthcoming during the full engineering
review.
Councilmember Suhy seconded the motion, the motion carried 6-0 with
Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Faught,
Suhy and York voting in favor of the motion.
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 north side of the existing building located at
1111 Freeport Parkway.
Presentation:
Gary Sieb, Planning Director, made a presentation to Council.
Action:
Councilmember York moved to approve 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 subject to the
following condition:
A tree removal permit will be required if the five trees are
removed.
Within 90 days of the occupant vacating the premises, it will be up
to the Fire Department's discretion on how to handle the diesel
storage tanks.
Councilmember Peters seconded the motion, the motion carried 6-0 with
Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Faught,
Suhy and York voting in favor of the motion.
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
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development six office/assembly/warehouse buildings, totaling
approximately 200,O00-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.
Presentation:
Gary Sieb, Planning Director, made a presentation to Council.
Steve Golding, 837 Castle Creek Drive, Applicant, addressed questions
from Council.
Action:
Councilmember Faught moved to approve Ordinance No. 91500-A-381
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, Faught,
Suhy and York voting in favor of the motion.
Item 7H was discussed at this time. Please see Item 7H for minutes.
15.
Consider approval of an Ordinance for Case No. S-1030R,
Daddy Jack's, zoning change from C-S-1030 (Commercial-
Special Use Permit-lO30) to C-S-1030R (Commercial, Special
Use Permit-lO30 Revised), to allow an outdoor seating area
alonE 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.
Presentation:
Gary Sieb, Planning Director, made a presentation to Council.
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Action:
Councilmember Suhy moved to approve Ordinance No. 91500-A-382 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. Mayor Pro Tem Raines seconded the
motion, the motion carried 6-0 with Mayor Pro Tem Raines and
Councilmembers Brancheau, Peters, Faught, Suhy and York voting in
favor of the motion.
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
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.
Presentation:
Gary Sieb, Planning Director, made a presentation to Council.
Action:
Councilmember Brancheau moved to approve Ordinance No. 91500-A-
383 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.
Councilmember Faught seconded the motion, the motion carried 6-0
with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters,
Faught, Suhy and York voting in favor of the motion.
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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
ReE'ulations for Business districts.
Presentation:
Gary Sieb, Planning Director, made a presentation to Council.
Public Hearinti:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Peters moved to close the Public Hearing and bring back
the Ordinance at the August 10, 2004 City Council meeting.
Councilmember Faught seconded the motion, the motion carried 6-0
with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters,
Faught, Suhy and York voting in favor of the motion.
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
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.
Presentation:
Jim Witt, City Manager, made a presentation to Council.
Councilmember Peters called for an Executive Session at this time.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
Section 551.071, Texas Government Code - Consultation
with City Attorney.
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Mayor Stover convened into Executive Session at 8:14 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 8:23 p.m. and reopened the Regular Session.
REGULAR SESSION
(Open to the Public)
Action:
Councilmember Suhy moved to approve Ordinance No. 2004-1077
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 subject to the following conditions:
Limit signs for athletic events at public facilities to the day of
the event.
Add a definition of event to be a competition, not a clinic,
camp or practice.
o
The intersection of Beltline and Wrangler be added to the
sign zone areas.
Councilmember Faught seconded the motion, the motion carried 4-2
with Councilmembers Brancheau, Faught, Suhy and York voting in favor
of the motion and Mayor Pro Tem Raines and Councilmember Peters
voting against the motion.
19.
Necessary action resulting from Work Session.
There was no action necessary under this item.
20.
City Manager's Report.
A. Vector Control.
A. Jim Witt, City Manager, discussed the mosquito control situation.
21.
Mayor and Council Reports.
A. Report by Mayor Stover
Celebration.
regarding the 4th of July
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Report by Mayor Stover regarding Aquatic Center Update.
Report by Councilmember Peters regarding National Night
Out.
Mayor Stover thanked the City staff for the nice job they did on the
Fourth of July activities.
Mayor Stover announced that there was nothing to report on the
Aquatic Center.
Councilmember Peters announced that the National Night Out
Activities will be held on Tuesday, August 3rd and encouraged all
citizens to participate in the activities. She also announced all
upcoming National Night Out activities that will be held prior to
August 3rd.
22. Necessary Action Resulting from Executive Session.
There was no action necessary under this item.
There being no further business to co--City Council, the meeting
was adjourned.
Do, las N.~tover, Mayor
ATTEST:
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