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CP 2005-05-10 NOTICE OF CITY COUNCIL MEETING AND AGENDA MAY 10, 2005 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 5:00 p.m. Council Chambers (Open to the Public) Joint Ex. Session Immediately Following 2nd Fl. Conf. Room (Closed to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:00 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, May 10, 2005, at 5:00 p.m. for Joint Executive Session with Coppell ISD Trustees; Executive Session and Work Session will follow immediately thereafter, and Regular Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves 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: ag051005 Page 1 of 8 ITEM # ITEM DESCRIPTION 1. Call to order. JOINT EXECUTIVE SESSION WITH (Closed to the Public) COPPELL ISD SCHOOL BOARD TRUSTEES 2. Convene Joint Executive Session A. Section 551.071, Texas Government Code – Consultation with City Attorney and School Board Special Legal Counsel. 1. Concerning the City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107. EXECUTIVE SESSION (Closed to the Public) 3. Convene Executive Session A. Section 551.087, Texas Government Code - Deliberation regarding Economic Development Negotiations. 1. Economic Development Prospects in Old Coppell. WORK SESSION (Open to the Public) 4. Convene Work Session A. Discussion regarding Park Board Attendance and Membership. B. Discussion of Agenda Items. Adjourn Work Session. PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. REGULAR SESSION (Open to the Public) 5. Convene Regular Session. 6. Invocation. 7. Pledge of Allegiance. ag051005 Page 2 of 8 ITEM # ITEM DESCRIPTION 8. Consider approval of a proclamation honoring John Alexander Oldenkamp for his appointment to Annapolis, and authorizing the Mayor to sign. 9. Consider approval of a proclamation honoring Lee Jason Robinson for his appointment to West Point, and authorizing the Mayor to sign. 10. Consider approval of a proclamation proclaiming the week of May 15 through 21, 2005, as Emergency Medical Services Week, and authorizing the Mayor to sign. 11. Consider approval of a proclamation proclaiming Sunday, May 15, 2005, “National Peace Officers’ Memorial Day” and the week of May 15 – 21, 2005 as National Police Week, and authorizing the Mayor to sign. 12. Consider approval of Selection Committee’s recommendation for Coppell Woman of the Year 2005. 13. Citizens' Appearances. CONSENT AGENDA 14. Consider approval of the following consent agenda items: A. Consider approval of minutes: April 26, 2005. B. Consider approval of awarding Bid # Q-0305-02, for Cleaning and Related Services to Municipal Buildings, to Members Building Maintenance in the amount of $107,400 as budgeted, for a 1-year period beginning June 1, 2005, with renewal options of an additional 4-years; and authorizing the City Manager to sign. C. Consider approval of awarding Bid # Q-0405-01 for Interior/Exterior Painting of Municipal Buildings, to Concord Commercial Services, Inc., in the amount of $93,064.70 as budgeted; and authorizing the City Manager to sign. D. Consider approval of a Letter of Intent concerning the future purchase of Police Department vehicles in FY 2005/06 and authorizing the City Manager to sign. ag051005 Page 3 of 8 ITEM # ITEM DESCRIPTION E. Consider approval of an ordinance to adopt the 2005 Standard Construction Details for regulating infrastructure construction within the City of Coppell; and authorizing the Mayor to sign. Land Use and Development F. Consider approval of an Ordinance for Case No. PD-199R2-HC, Vista Point II, Lot 5R, Block A (Bank of Texas), zoning change from PD-199-HC (Planned Development-199-Highway Commercial) to PD-199R2-HC (Planned Development-199 Revision 2-Highway Commercial) to amend the Planned Development to allow the development of an approximate 5,585-square-foot bank facility, with drive-through lanes, on 1.25 acres of property located along the west side of MacArthur Blvd., south of S.H. 121, and authorizing the Mayor to sign. G. Consider approval of an Ordinance for Case No. PD-97R3-R, Corners of Coppell (Universal Academy), zoning change from PD- 97-R (Planned Development-97-Retail) to PD-97R3-R (Planned Development-97 Revision 3-Retail) to amend the Planned Development to allow the occupancy of approximately 73,128- square-feet of the existing building for Universal Academy (grades preK-12th), and the occupancy of the remaining 41,475-square feet for college and/or retail uses, on 10.7 acres of property located at the southeast corner of Sandy Lake Road and MacArthur Blvd., and authorizing the Mayor to sign. H. Consider approval of an Ordinance for Case No. ZC-617(CH) zoning change from HO-C (Historic Overlay-Commercial); HO-C-S-1125R (Historic Overlay-Commercial-Special Use Permit-1125 Revised); HO- R (Historic Overlay-Retail); HO-SF-7 (Historic Overlay-Single Family-7); HO-SF-12 (Historic Overlay-Single Family-12); HO-LI (Historic Overlay- Light Industrial); PD-119-HO-SF-9 (Planned Development-119-Historic Overlay-Single Family-9); PD-108-HO-LI (Planned Development-108- Historic Overlay-Light Industrial); PD-108R5-HO-LI (Planned Development-108R5-Historic Overlay-Light Industrial); PD-188-HO-C (Planned Development-188-Historic Overlay-Commercial); PD-197- HO-TH-1/C (Planned Development-197-Historic Overlay Townhome- 1/Commercial), and PD-206-HO-R (Planned Development-206- Historic Overlay-Retail) to the proposed zoning district H (Historic), replacing the HO (Historic Overlay) district, and authorizing the Mayor to sign. ag051005 Page 4 of 8 ITEM # ITEM DESCRIPTION I. Consider approval of an Ordinance amending Chapter 12 of the Coppell Comprehensive Zoning Ordinance, Section 12-28A, to replace the HO (Historic Overlay) district with H (Historic); to adopt specific uses and development regulations for a Historic district, while retaining development conditions of the existing Planned Developments and Special Use Permits; to add Section 12-30-13A to add the uses permitted by Special Use Permit in the Historic district; to attach the design guidelines as an appendix; to replace Section 12-3-1 HO (Historic Overlay) with H (Historic); to replace Section 12-3- 2 Historic Overlay definition and purpose to the Historic district definition and purpose; to delete Section 12-30-18 in its entirety, and to specifically exclude the Historic district from Section 12-30-14, and authorizing the Mayor to sign. END OF CONSENT 15. PUBLIC HEARING: Consider approval of Case No. PD-194R3-LI, Amberpoint Business Park, Lot 2R, Block A, zoning change request from PD-194R2-LI, (Planned Development-194 Revision 2-Light Industrial) to PD-194R3-LI (Planned Development-194 Revision 3-Light Industrial) to amend the Planned Development to attach a Detail Site Plan to allow the development of three office/warehouse buildings, totaling approximately 714,010-square feet, on 64.3 acres of property located along the south side of Sandy Lake Road, between Freeport Parkway and Northpoint Drive. 16. PUBLIC HEARING: Consider approval of the Amberpoint Business Park, Lot 2R, Block A, Replat, to allow the development of three office/warehouse buildings, totaling approximately 714,010-square feet on 64.3 acres of property located along the south side of Sandy Lake Road, between Freeport Parkway and Northpoint Drive. 17. PUBLIC HEARING: Consider approval of Case No. S-1224-TC, Little Caesars Pizza, zoning change request from TC (Town Center) to S-1224-TC (Special Use Permit- 1224-Town Center), to allow the operation of a 1,350-square-foot restaurant, take-out only, to be located in the Town Center Addition, Lot 2, Block 3, along the east side of Denton Tap Road; north of Town Center Blvd. ag051005 Page 5 of 8 ITEM # ITEM DESCRIPTION 18. Consider approval of the Park West Commerce Center, Lot 2R-3, Block 2, Site Plan, to allow the development of one 137,000-square-foot office/warehouse building and one 153,000-square-foot office/warehouse building on 16.8 acres of property located at the northwest corner of Beltline and Airline Roads. 19. PUBLIC HEARING: Consider approval of the Park West Commerce Center, Lot 2R-3, Block 2, Replat, being a replat of Park West Commerce Center, Lot 2R-2, Block 2, to allow the development of one 137,000-square-foot office/warehouse building and one 153,000-square-foot office/warehouse building on 16.8 acres of property located at the northwest corner of Beltline and Airline Roads. 20. PUBLIC HEARING: Consider approval of Case No. S-1211R, Service Star, zoning change request from PD-199-HC-S-1211 (Planned Development-199-Highway Commercial-Special Use Permit-1211) to PD-199-HC-S-1211R (Planned Development-199-Highway Commercial-Special Use Permit-1211 Revised), to allow the development of an auto repair garage, car wash, convenience store and gasoline service station on 2.24 acres of property located at the southwest corner of S.H. 121 and MacArthur Blvd. 21. Consider approval of the Vista Point II, Lots 1-7, Block A, Amending Plat, to allow for the revision to fire lanes, property dimensions and calls to reflect the approved Site Plans and to correct various errors on 25.81 acres of property located at the southwest corner of S.H. 121 and MacArthur Blvd. 22. Consider approval of the Denton Tap Development, Lot 1, Block A, Site Plan (Wachovia Bank), to allow the construction of a 4,081-square-foot bank facility, with five drive-through lanes on 1.41 acres of property located at the northwest corner of Denton Tap Road and Fitness Court. 23. PUBLIC HEARING: Consider approval of the Denton Tap Development, Lot 1, Block A, Replat (Wachovia Bank), being a replat of the Grandy’s Addition, Lot 1, Block 1, Minor Plat, to allow the construction of a 4,081-square-foot bank facility, with five drive-through lanes on 1.41 acres of property located at the northwest corner of Denton Tap Road and Fitness Court. 24. Consider approval of awarding Bid/Contract # Q-0405-02 to Pavement Services Corp. for the construction of the Brick Paver Replacement ag051005 Page 6 of 8 ITEM # ITEM DESCRIPTION Program in an amount of $247,571, as provided for in IMF funds; and authorizing the City Manager to sign. 25. Consider approval of awarding Bid/Contract # Q-0405-03 to JRJ Paving, L.P., for the construction of the MacArthur Boulevard Widening Project, from Bethel School Rd. to Belt Line Rd., in an amount of $319,988.85, as provided for in CIP funds; and authorizing the City Manager to sign. 26. Necessary action resulting from Work Session. 27. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding the Relay for Life. C. Report by Mayor Stover regarding the Prayer Breakfast. D. Report by Mayor Stover regarding Jim Jackson’s Town Hall Meeting. E. Report by Mayor Stover regarding Election Results. F. Report by Councilmember Peters regarding TML Legislative Update. 28. 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 _________________, 2005, at __________________. ____________________________________ Libby Ball, City Secretary ag051005 Page 7 of 8 DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724 Carrying of a concealed handgun on these premises or at any official political meeting in the City of Coppell is illegal. Es ilegal llevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier junta oficial de politica en la ciudad de Coppell. ag051005 Page 8 of 8 KEY TO COUNCIL GOALS ICONS 2005 Economic Development • Continue "Hot Spot" focus • Develop strategy for use or sale of city-owned property • Study revenue enhancement options • Develop comprehensive Old Town strategy • Entice Dallas County Community College District to locate satellite facility in Coppell • Continue focus on vacant retail revitalization Quality Public Facilities & Infrastructure • Study continued use of ½-cent sales tax for park purposes • Develop permanent funding for IMF • Continue focus on local and regional transportation efforts • Provide quality park and recreation activities for all Excellent City Services & High Citizen Satisfaction • Continue strategic planning for future costs of service delivery • Timely response with quality service delivery • Explore municipal/ISD service synergies • Develop methods to enhance communication and citizen involvement Sense of Community • Develop comprehensive Old Town strategy • Finalize cemetery issue • Develop and support community special events and programs • Develop and support activities for teens • Continue development of trails throughout the community Fiscal Stability • Continue and improve financial planning and forecasting • Continue systematic management and reduction of debt • Balance expenditure decisions with ability to maintain over time • Perform cost analysis on all approved projects and programs prior to implementation • Work to protect sales tax base from Streamlined Sales Tax initiative Neighborhood Integrity & Code Enforcement • Maintain communications with neighborhoods and the community • Update the Master Plan and Zoning as required • Introduce a more proactive neighborhood integrity approach Safe Community • Maintain and improve existing excellent level of service • Continue focus on Homeland Security • Provide quality public safety education programs • Enhance traffic/speed control efforts DATE: May 10, 2005 ITEM #: ES-2 AGENDA REQUEST FORM JOINT EXECUTIVE SESSION with COPPELL ISD A. Section 551.071, Texas Government Code – Consultation with City Attorney and School Board Legal Counsel. 1. Concerning the City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107. Agenda Request Form - Revised 02/04 Document Name: %executivesession DATE: May 10, 2005 ITEM #: ES-3 AGENDA REQUEST FORM EXECUTIVE SESSION A. Section 551.087, Texas Government Code – Deliberation regarding Economic Development Negotiations. 1. Economic Development Prospects in Old Coppell. Agenda Request Form - Revised 02/04 Document Name: %executivesession DATE: May 10, 2005 ITEM #:WS-4 AGENDA REQUEST FORM WORK SESSION A. Discussion regarding Park Board Attendance and Membership. B. Discussion of Agenda Items. Agenda Request Form - Revised 02/04 Document Name: %worksession DEPT: City Manager DATE: May 10, 2005 ITEM #: 8 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation honoring John Alexander Oldenkamp for his appointment to Annapolis, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: !Naval PROCLAMATION WHEREAS, John Alexander Oldenkamp has received an appointment to the Naval Academy at Annapolis; and WHEREAS, Alex has achieved high academic success, and now will combine that with honorable service to his country; and WHEREAS, this high honor recognizes Alex for his academic achievement, his outstanding character, and his leadership abilities; and WHEREAS, the Coppell community is proud to claim John Alexander Oldenkamp as a citizen and wish to recognize his commitment to excellence which has led to this appointment. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do hereby congratulate John Alexander Oldenkamp on his appointment to Annapolis and wish him continued success in the future. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of May 2005. _____________________________________ Douglas N. Stover, Mayor ATTEST: ___________________________ Libby Ball, City Secretary DEPT: City Manager DATE: May 10, 2005 ITEM #: 9 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation honoring Lee Jason Robinson for his appointment to West Point, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: !WestPoint PROCLAMATION WHEREAS, Lee Jason Robinson has received an appointment to West Point; and WHEREAS, Lee has achieved high academic success, and now will combine that with honorable service to his country; and WHEREAS, this high honor recognizes Lee for his academic achievement, his outstanding character, and his leadership abilities; and WHEREAS, the Coppell community is proud to claim Lee Robinson as a citizen and wish to recognize his commitment to excellence which has led to this appointment. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do hereby congratulate Lee Robinson on his appointment to West Point and wish him continued success in the future. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of May 2005. _____________________________________ Douglas N. Stover, Mayor ATTEST: ________________________ Libby Ball, City Secretary DEPT: Fire Department DATE: May 10, 2005 ITEM #: 10 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation proclaiming the week of May 15 through 21, 2005, as Emergency Medical Services Week, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: (Fire Prevention Wk-1AR.doc PROCLAMATION WHEREAS, Emergency medical services is a vital public service; and WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators, and others; and WHEREAS, the members of emergency medical services teams engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, Americans benefit daily from the knowledge and skills of these highly trained individuals; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week; and NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby proclaim the week of May 15th through 21st , 2005, as EMERGENCY MEDICAL SERVICES WEEK IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this ________ day of May, 2005. ____________________________________ Douglas N. Stover, Mayor ATTEST: ___________________________________ Libby Ball, City Secretary DEPT: Police DATE: May 10, 2005 ITEM #: 11 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation proclaiming Sunday, May 15, 2005, “National Peace Officers’ Memorial Day” and the week of May 15 – 21, 2005 as National Police Week, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: In 1962 President John Kennedy recognized the role of law enforcement personnel and proclaimed May 15th of each year as Peace Officers Memorial Day in honor of the Federal, State and municipal officers who have been killed or disabled in the line of duty, further designating the calendar week in which May 15th occurs as National Police Week, in recognition of the service given by the men and women who, night and day, stand guard in our midst to protect us. National Police Week is dedicated to commemorate our law enforcement officers, past and present, who by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: )policeweek Proclamation WHEREAS, the Congress and President of the United States have designated May 15 as Peace Officers’ Memorial Day, and the week of May 15 – 21, 2005 as National Police Week; and WHEREAS, the members of the law enforcement agency of the City of Coppell play an essential role in safeguarding the rights and freedoms of the City of Coppell; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the members of the law enforcement agency of the City of Coppell have through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty; and WHEREAS, the men and women of the law enforcement agency of the City of Coppell unceasingly provide a vital public service; NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby proclaim May 15, 2005 as “National Police Officers’ Memorial Day” in the City of Coppell, Dallas County, Texas, and urge all citizens, government agencies, public and private institutions, and businesses to invest in the power of prevention and work together for the common good. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this ___________ day of May 2005. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary DEPT: City Secretary DATE: May 10, 2005 ITEM #: 12 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of Selection Committee’s recommendation for Coppell Woman of the Year 2005. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: %womanofyear DATE: May 10, 2005 ITEM #: 13 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: May 10, 2005 ITEM #: 14/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of minutes: April 26, 2005. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: %minutes CM042605 Page 1 of 10 MINUTES OF APRIL 26, 2005 The City Council of the City of Coppell met in Regular Called Session on Tuesday, April 26, 2005, 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 Bill York, Councilmember Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. City of Coppell’s opposition to zoning application in the City of Dallas, Z045-107, Northlake Development. 2. City of Coppell vs. Barney Barnett, et al. 3. Agreement for Development of Airport property in the City of Coppell. Mayor Stover convened into Executive Session at 5:40 p.m. as allowed under the above-stated article and discussed Items 1 and 3. Mayor Stover recessed the Executive Session at 5:57 p.m. and opened the Work Session. CM042605 Page 2 of 10 WORK SESSION (Open to the Public) 3. Convene Work Session A. Presentation by City Engineer regarding traffic light timing. B. Coppell Baseball Association Annual Report. C. Discussion regarding possible dates to canvass the results of the May 7th Municipal Election. D. Discussion of Agenda Items. Adjourn Work Session. PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Bishop Greg Brassfield of Church of Jesus Christ of Latter Day Saints led those present in the Invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Consider approval of a proclamation naming April 29, 2005 as Arbor Day and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Brad Reid, Director of Parks and Recreation. CM042605 Page 3 of 10 Action: Councilmember Tunnell moved to approve a proclamation naming April 29, 2005 as Arbor Day and authorizing the Mayor to sign. Councilmember York seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. 8. Consider approval of a proclamation naming the week of May 2-8, 2005 as Public Service Recognition Week, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Clay Phillips, Deputy City Manager. Action: Councilmember Peters moved to approve. a proclamation naming the week of May 2-8, 2005 as Public Service Recognition Week, and authorizing the Mayor to sign. Mayor Pro Tem Raines seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. 9. Consider approval of a proclamation naming Wednesday, April 27 as National Secretary’s/Office Professional’s Day, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Allana Lamberth, Administrative Technician. Action: Councilmember Faught moved to approve a proclamation naming Wednesday, April 27 as National Secretary’s/Office Professional’s Day, and authorizing the Mayor to sign. Councilmember Suhy seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. CM042605 Page 4 of 10 10. Consider approval of a proclamation naming the week of May 1-7, 2005 as Municipal Clerks’ Week, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Kathy Wilkerson, Deputy City Secretary. Action: Mayor Pro Tem Raines moved to approve a proclamation naming the week of May 1-7, 2005 as Municipal Clerks’ Week, and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. 11. Citizens' Appearances. There was no one signed up to speak on this item. CONSENT AGENDA 12. Consider approval of the following consent agenda items: A. Consider approval of minutes: April 12, 2005. B. Consider approval of awarding Bid/Contract #Q-0305-01 to Whitewater Construction, Inc. for the construction of the Oakcrest Drainage project in an amount of $84,407, as provided for in CIP funds; and authorizing the City Manager to sign. C. Consider approval of awarding a contract to Uretek USA, Inc. for the construction of the annual street repair/mud jacking program through the City of Plano’s Interlocal Purchasing Agreement, in an amount of $50,000, as provided for in the Infrastructure Maintenance fund. CM042605 Page 5 of 10 D. Consider approval to award RFP-#0080 Construction Manager at Risk for the public safety building to Harrison, Walker & Harper, LP and authorizing the City Manager to sign all required documents relative to the purchase. Action: Councilmember Suhy moved to approve Items A, B, C and D. Councilmember Peters seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. 13. Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2004-1082, the budget for Fiscal Year October 1, 2004 through September 30, 2005, and authorizing the Mayor to sign. Presentation: Jennifer Armstrong, Finance Director, made a presentation to Council. Action: Councilmember Tunnell moved to approve Ordinance No. 2005-1097 approving an amendment to Ordinance No. 2004-1082, the budget for Fiscal Year October 1, 2004 through September 30, 2005, and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. 14. PUBLIC HEARING: To receive input on possible projects for a Community Development Block Grant (CDBG) from Dallas County. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. CM042605 Page 6 of 10 Presentation: Jim Witt, City Manager, made a presentation to Council. Ken Griffin, Director of Engineering and Public Works, made a presentation to Council. Action: Councilmember York moved to close the Public Hearing on possible projects for a Community Development Block Grant (CDBG) from Dallas County. Councilmember Suhy seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. 15. Consider approval to purchase time and attendance software from Ceridian for an amount not to exceed $124,639.00, and authorizing the City Manager to sign. Presentation: Vivyon Bowman, Director of Administration and Human Resources, made a presentation to Council. Action: Councilmember Peters moved to approve the purchase of time and attendance software from Ceridian for an amount not to exceed $124,639.00, and authorizing the City Manager to sign. Councilmember York seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. 16. Consider calling a Special Council Meeting to canvass the results of the May 7, 2005 Municipal Election. Presentation: Jim Witt, City Manager, made a presentation to Council. CM042605 Page 7 of 10 Action: Councilmember York moved to call a Special Council Meeting to canvass the results of the May 7, 2005 Municipal Election on May 16, 2005 at 7:00 a.m. Councilmember Brancheau seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. 17. Necessary action resulting from Work Session. There was no action necessary under this item. 18. Mayor and Council Reports. A. Report by Mayor Stover regarding May 5th Prayer Breakfast. B. Report by Mayor Stover regarding April 30th Relay for Life. C. Report by Mayor Stover regarding May 7th Election. D. Report by Councilmember Brancheau regarding CHS Boys Soccer Team and the State playoffs. E. Report by Councilmember Suhy regarding Coppell Youth Leadership. A. Mayor Stover discussed the upcoming Prayer Breakfast and National Prayer Observance that will be held at Town Center from 12:00 – 1:00 p.m. B. Mayor Stover invited anyone in the community to contribute to, or participate, in the Relay for Life that will be held on April 30th and discussed the events scheduled during the Relay. C. Mayor Stover announced that the Municipal Election will be held on May 7th and Early Voting is now being held. D. Councilmember Brancheau reported on the CJS Boys Soccer Team and the State playoffs they attended in Austin. E. Councilmember Suhy announced that the 2004-2005 Coppell Youth Leadership would hold its graduation at the Chamber of Commerce luncheon on April 25, 2005. He also reported on the Junior/Senior Prom that the Coppell Youth Leadership sponsored for the seniors in Coppell. CM042605 Page 8 of 10 19. 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 Medical Foundation - Councilmember Brancheau H. Metrocrest Social Service Center - Councilmember Brancheau. I. North Texas Council of Governments - Councilmember Tunnell. J. NTCOG/Regional Emergency Management - Councilmember Suhy K. North Texas Commission - Councilmember Peters. L. Senior Adult Services - Councilmember Faught. M. Town Center/Architectural Committee - Councilmember Faught. N. Trinity River Common Vision Commission - Councilmember Faught. O. Trinity Trail Advisory Commission - Mayor Pro Tem Raines. A. There was nothing to report on this item. B. Mayor Pro Tem Raines announced that the Coppell ISD had received a waiver for their calendar approval, allowing them to start school early on August 15, 2005. C. Councilmember York announced that he had attended the funeral for a long-term resident of Coppell, Bobbie Lou Anderson. D. Councilmember Peters reported on the Dallas Regional Mobility Coalition meeting she attended. The main items of discussion were the Regional Rail Initiative that will not be considered this Legislative Session; the suggestion that cities can join DART at 1/2¢ for just commuter rail only and the fact that a lot of cities are capped out on their taxing ability; the gas tax indexing issue is CM042605 Page 9 of 10 probably dead in the Legislative Session; and Collin County and the cities along 121 from the Dallas North Tollway to McKinney are studying the possibility of tolling that section of 121. E. Councilmember Tunnell reported on the April Economic Development Committee meeting she attended. The main items of discussion were: the new Economic Development Coordinator, Mindi Hurley, was introduced to the Committee; and the Committee will be concentrating on the Strategic Plan. F. Councilmember Tunnell reported on the Metrocrest Hospital Authority meeting she attended. She stated the Authority has requested RFP’s for an operator for the their hospitals. 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. There was nothing to report on this item. K. Councilmember Peters announced that the North Texas Commission is sponsoring the Grand Opening of the new Skylink system at DFW Airport on May 4, 2005. L. Councilmember Faught reported on the Senior Adult Services meeting he attended. The main items of discussion were that GEICO Insurance, a major contributor to Senior Adult Services, would donate approximately $75,000 to the Senior Adult Services for a new van; and Peggy Sham will be leaving the organization due to other commitments. M. There was nothing to report on this item. The Executive Session was reconvened at this time. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session Section 551.071, Texas Government Code - Consultation with City Attorney. 2. City of Coppell vs. Barney Barnett, et al. CM042605 Page 10 of 10 Mayor Stover convened into Executive Session at 8:22 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 8:32 p.m. and opened the Regular Session. 20. Necessary Action Resulting from Executive Session. There was no action necessary on this item. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ , Mayor ATTEST: ______________________________________ City Secretary Douglas N. Stover Libby Ball, DEPT: Engineering DATE: May 10, 2005 ITEM #: 14/B AGENDA REQUEST FORM ITEM CAPTION: Consider approval of awarding Bid # Q-0305-02, for Cleaning and Related Services to Municipal Buildings, to Members Building Maintenance in the amount of $107,400 as budgeted, for a 1-year period beginning June 1, 2005, with renewal options of an additional 4-years; and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: Members Building Maintenance has provided janitorial services to the City of Coppell since 1999. They were the low bid of $107,400 for this contract. Staff recommends the award of this contract to Members Building Maintenance in the amount of $107,400 and will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Funds have been budgeted in the Facilities Maintenance Department for this contract. Agenda Request Form - Revised 09/04 Document Name: #CleaningContract MEMORANDUM TO:Mayor and City Council FROM:Sheri Moino, Facilities Manager DATE:May 10, 2005 REF: Consider approval of awarding Bid # Q-0305-02, for Cleaning and Related Services to Municipal Buildings, to Members Building Maintenance in the amount of $107,400 as budgeted, for a 1-year period beginning June 1, 2005, with renewal options of an additional 4-years; and authorizing the City Manager to sign. Bid Q-0305-02 for Cleaning and Related Services of Municipal Buildings opened on April 7, 2005. There were 20 bids received ranging from $107,400 to $238,230 per year (see attached bid tabulation). Members Building Maintenance was the low bid and has provided janitorial services to the City of Coppell since 1999. Staff is satisfied with their performance. Staff recommends award of Bid # Q-0305-02 for Cleaning and Related Services of Municipal Buildings to Members Building Maintenance in the amount of $107,400 for a 1-year period beginning June 1, 2005, with renewal options for 4 additional years. Staff will be present to answer any questions. CITY OF COPPELL, TEXAS STANDARD FORM PURCHASE CONTRACT City of Coppell, Texas 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 This Agreement is made by and between the City of Coppell, Texas, a home-rule municipality (hereinafter referred to as the "Buyer") and the hereinafter named Seller, referred to as the "Seller," for the sale of the goods, materials and items specified hereinafter, and the Buyer and Seller hereby agree as follows: Seller: _____MEMBER’S BUILDING MAINTENANCE, LTD._ [Name] _____1555 VALWOOD PARKWAY, SUITE 130_____ [Address] _____CARROLLTON, TX 75006________________ [City, State, Zip] _____ 972-241-8131 ____________________________ [Telephone] DESCRIPTION OF GOODS This Contract is for the purchase by the City of Coppell, Texas, of the goods, materials and items described hereinafter as the “Goods” or the subject of this Contract, and such parts, attachments, accessories, devices, and apparatus as may be considered an integral part of the Goods or necessary for the proper use or application of the Goods, whether or not specified herein. The Goods are more specifically described as follows: Description _____ CLEANING AND RELATED SERVICES _____ ______________ _____ ____________________________________________________________ ____________________________________________________________________________ [CHECK ONE:] This Contract is a “fixed price - fixed quantity” Contract for the purchase of the specified quantity at the specified price. The full quantity of the Goods shall be delivered to and received at the designated point or points of delivery no later than the date specified hereinbelow. This date is a material term and condition of this Contract and, in connection with the delivery date, time is and shall be of the essence. _______________________________ [Insert Date of Delivery] OR X This Contract is for a specific duration wherein the Seller will supply, furnish and deliver at the designated point or points of delivery the specified Goods in the quantities requested by Buyer at the time of Buyer’s order. The delivery date(s) shall be set forth in Buyer’s order. This Contract is not intended to be and shall not be construed as an exclusive requirements contract. This Contract is non-exclusive and Buyer may acquire any or all of its requirements for the specified Goods from Seller or any other source deemed appropriate by Buyer. Upon the conclusion of the duration of this Contract, Buyer may renew this agreement for an additional period or periods equivalent to the primary duration upon sending written notice of intent thereof within thirty (30) days prior to the expiration of the last day of the term of this Contract. The failure to send the foregoing notice shall convert this agreement into a “fixed price - fixed quantity” contract as described above. DURATION: From ___JUNE 1, 2005______ to ______JUNE 1, 2006_____. PAYMENT TERMS The purchase price of the Goods shall be that contained in the Seller’s bid and specifically accepted in writing by Buyer. Seller shall submit separate invoices, in duplicate, on each purchase order after each delivery. Invoices shall indicate the purchase order number, and shall be itemized. A copy of the bill of lading should be attached to the invoice. Mail to City of Coppell, Purchasing Department, 255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019. Payment shall not be due until the above instruments are submitted, until the Goods have been received by Buyer, and until Buyer has had sufficient opportunity to inspect and exercise its right to accept or reject. Seller shall keep the purchasing department advised of any changes in their remittance addresses. In no event shall Buyer be responsible for interest of any kind on any funds due to Seller, and no term or provision contained in any Seller’s invoice shall in any way modify, vary or alter the provisions hereof. Buyer’s obligation is payable solely from funds available for the purpose of the purchase. Lack of funds shall render this contract null and void and to the extent funds are not available, any delivered but unpaid for goods will be returned to Seller by Buyer. Do not include federal excise tax, state or city sales tax. The City shall furnish a tax exempt certificate if required. CONTRACT TERMS AND CONDITIONS This Contract is made and entered into between the parties hereto in accordance with and subject to the following additional terms and conditions: 1. SELLER TO PACKAGE GOODS: Seller will package Goods in accordance with good commercial practice. Each shipping container shall be clearly marked and permanently packed as follows: (a) Seller’s name and address; (b) Consignee’s name, address, and purchase order or purchase release number and the supply agreement number if applicable; (c) Container number and total number of containers, e.g. box 1 of 4 boxes; and (d) the number of the container bearing the package slip. Seller shall bear cost of packing unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer’s count or weight shall be final and conclusive on shipment not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED: Seller is not authorized to ship the Goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS: The title and risk of loss of the Goods shall not pass to the Buyer until the Buyer actually receives and takes possession of the Goods at the point or points of delivery. 4. DELIVERY TERMS AND TRANSPORTATION CHARGES: F.O.B. Destination Freight Prepaid unless delivery terms are specified otherwise in the bid; Seller shall pay for the transportation costs. 5. NO PLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of Goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may seasonable notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 6. PLACE OF DELIVERY: The place of delivery shall be that set forth on the purchase order or in any other written designation by Buyer. The terms of this agreement are “no arrival, no sale.” 7. RIGHT OF INSPECTION: Buyer shall have the right to inspect the goods at delivery before accepting them. 8. REJECTION OF GOODS: It is agreed that if Buyer rejects any of the goods sold pursuant to this agreement, Buyer’s only duty shall be to seasonably notify Seller of the rejection and hold the goods for the disposition of Seller, and it is agreed that under no circumstances shall Buyer be required to resell the rejected goods or incur the cost to deliver same to Seller. 9. GRATUITIES: The Buyer may, by written notice to the Seller, cancel this contract without liability to the Seller if it be determined by the Buyer that gratuities, in the form of entertainment, gifts, or otherwise were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of City of Coppell with view toward securing the contract or securing favorable treatment with respect to awarding or amending, or the making of any determination with respect to the performing of such a Contract. In the event this Contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled in addition to any other rights and remedies, to recover and withhold the amount of the cost incurred by the Seller in providing such gratuities. 10. SPECIAL TOOLS AND TEST EQUIPMENT: If the price stated on the face hereof includes the cost of any special tooling or any special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 11. WARRANTY - PRICE: a. The price to be paid by the Buyer shall be that contained in the Seller’s bid which Seller warrants to be no higher than Seller’s current prices on orders for products of the kind and specification covered by the agreement for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller’s current prices on orders by others, or in the alternative, Buyer may cancel this contract without liability for breach or Seller’s actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of violation of this warranty, the Buyer shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 12. WARRANTY - PRODUCTS: Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. No such attempts to limit, disclaim or exclude any warranties, whether of fitness, merchantability or otherwise, by Seller shall be binding or effective. Seller warranties that the Goods furnished will conform to the specifications, drawings, and descriptions listed in the bid invitation and to the sample(s) furnished by Seller, if any. In the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern. 13. SAFETY WARRANTY: Seller warrants the product sold to the Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event that the products do not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller’s expense. In the event that Seller fails to make the appropriate correction within a reasonable time, any correction made by Buyer will be at Seller’s expense. 14. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS: As part of this contract for sale, Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement or the like. Buyer makes no warranty that the production of goods according to the specifications will not give rise such claim, and in no event shall Buyer be liable to Seller in the event that Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that an infringement or the like will result, he will notify Buyer to this effect in writing or the like, within two weeks after the signing of this agreement. If Buyer does not receive notice and a claim is asserted or Buyer is subsequently held liable for the infringement or the like, Seller will indemnify, defend and save Buyer harmless. If Seller in good faith ascertains that production of the goods in accordance with the specifications will result in infringement or the like, this contract shall be null and void except that Buyer will pay Seller the reasonable cost of his search as to infringements. 15. YEAR 2005 COMPLIANT: The Goods shall in all respects be compatible with the year 2005 and shall not in any way require adjustment, revision, reconfiguration or modification upon the year 2005. Seller warrants that the Goods are fully year-2005 compliant. 16. CANCELLATION: Buyer shall have the right to cancel for default on all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any remedies which Buyer may have at law or equity. The Buyer may for any reason whatsoever terminate performance under this Contract by the Seller for convenience at any time. The Buyer shall give notice of such termination to the Seller specifying when termination becomes effective. Goods received but unopened or unused shall be made available to Seller for delivery. Buyer will, in the event of termination, remit such sums to Seller as may be due only for those Goods retained by Buyer. 17. FORCE MAJEURE: If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligation under the Agreement, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as is effected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereafter provided, but for no longer periods and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term “Force Majeure” as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbance, act of public enemy, orders of any kind of government of the United States or State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably within control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirements that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlements of strikes and lockouts by exceeding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. 18. ASSIGNMENT - DELEGATION: No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. An attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 19. MODIFICATIONS: This contract can be modified or rescinded only in writing signed by both parties or their duly authorized agents. 20. WAIVER: No claim or right arising out of a breach in contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 21. INTERPRETATION - PAROLE EVIDENCE: This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 22. APPLICABLE LAW: This agreement shall be governed by the Uniform Commercial Code. Wherever the term “Uniform Commercial Code” is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 23. ADVERTISING: Seller shall not advertise or publish, without Buyer’s prior written consent, the fact that Buyer has entered into this contract, except to the extent necessary to comply with prior requests for information from an authorized representative of federal, state or local government. 24. RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to question the other party’s intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 25. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer or employee shall have a financial interest, direct or indirect, in any contract with the City, or be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies, or services, except on behalf of the City as an officer or employee. Any knowing and willful violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall forfeit his office or position. Any violation of this section with the knowledge, express or implied, of the person or corporation contracting with the governing body of the City shall render the contract involved voidable by the City Manager or the City Council. 26. ENTIRE AGREEMENT: This Contract, and all Specifications and Addenda attached thereto, constitute the entire and exclusive agreement between the Buyer and Seller with reference to the Goods. Specifically, but without limitation, this Contract supersedes any bid documents and all prior written or oral communications, representations and negotiations, if any, between the Buyer and Seller not expressly made a part hereof. 27. INDEMNITY AND DISCLAIMER: BUYER SHALL NOT BE LIABLE OR RESPONSIBLE FOR, AND SHALL BE INDEMNIFIED, HELD HARMLESS AND RELEASED BY SELLER FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY CHARACTER, TYPE, OR DESCRIPTION, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY OR LOSS TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS, INCLUDING THE SELLER, OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY, DIRECTLY OR INDIRECTLY, THE PERFORMANCE OF SELLER UNDER THIS CONTRACT, INCLUDING CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF BUYER, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE BUYER UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS INDEMNIFICATION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS CONTRACT IS AN INDEMNITY EXTENDED BY SELLER TO INDEMNIFY AND PROTECT BUYER FROM THE CONSEQUENCES OF THE SELLER’S AS WELL AS THE BUYER’S NEGLIGENCE, WHETHER SUCH NEGLIGENCE IS THE SOLE OR PARTIAL CAUSE OF ANY SUCH INJURY, DEATH, OR DAMAGE. IN ADDITION, CONTRACTOR SHALL OBTAIN AND FILE WITH OWNER CITY OF COPPELL A STANDARD CERTIFICATE OF INSURANCE AND APPLICABLE POLICY ENDORSEMENT EVIDENCING THE REQUIRED COVERAGE AND NAMING THE OWNER CITY OF COPPELL AS AN ADDITIONAL INSURED ON THE REQUIRED COVERAGE. 28. GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas. Venue for any causes of action arising under the terms or provisions of this Contract or the Goods to be delivered hereunder shall be in the courts of Dallas County, Texas. 29. SUCCESSORS AND ASSIGNS: The Buyer and Seller bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in this Contract. The Seller shall not assign this Contract without written consent of the Buyer. 30. SEVERABILITY: The provisions of this Contract are herein declared to be severable; in the event that any term, provision or part hereof is determined to be invalid, void or unenforceable, such determination shall not affect the validity or enforceability of the remaining terms, provisions and parts, and this Contract shall be read as if the invalid, void or unenforceable portion had not been included herein. 31. NOTICES: All notices required by this Contract shall be presumed received when deposited in the mail properly addressed to the other party at the address set forth herein or set forth in a written designation of change of address delivered to all parties. EXECUTED this _______ day of _______________________________, _________. SELLER: __________________________________________ (Signature) __________________________________________ (Type/Print Name and Title/Position) __________________________________________ (Address) __________________________________________ (City, State, Zip) _________________________________________ (City Manager) DEPT: Engineering DATE: May 10, 2005 ITEM #: 14/C AGENDA REQUEST FORM ITEM CAPTION: Consider approval of awarding Bid # Q-0405-01 for Interior/Exterior Painting of Municipal Buildings, to Concord Commercial Services, Inc., in the amount of $93,064.70 as budgeted; and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: The low bidder, Rich Color Improvements, did not meet bid specifications related to the type of prep work and number of paint coats required. The second lowest bidder Concord Commercial Services, Inc., met the bid specifications and their references checked gave them a good rating. Staff recommends the award of this contract to Concord Commercial Services, Inc., in the amount of $93,064.70 and will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Funds are budgeted in the Infrastructure Maintenance Fund for this project. Agenda Request Form - Revised 09/04 Document Name: #PaintingContract MEMORANDUM TO:City Council FROM: Sheri Moino, Facilities Manager DATE: May 10, 2005 REF: Consider approval of awarding Bid # Q-0405-01 Interior/Exterior Painting of Municipal Buildings, to Concord Commercial Services, Inc., in the amount of $93,064.70 as budgeted; and authorizing the City Manager to sign. Bid Q-0405-01 for Interior/Exterior Painting of Municipal Buildings opened on April 27, 2005. This bid includes interior and exterior painting projects identified in the Infrastructure Maintenance Fund for fiscal years 2003/04 and 2004/05. There were 9 bids received (see attached bid tabulation). The low bidder “Rich Color Improvements” did not meet bid specifications in relation to the type of prep work and number of paint coats required. The second lowest bidder “Concord Commercial Services, Inc.” met the bid specifications and their references checked gave them a good rating. They are currently doing interior painting for the City of Garland. Staff would like to recommend award of Bid Q-0305-02 for Interior/Exterior Painting of Municipal Buildings to Concord Commercial Services, Inc. in the amount of $93,064.70. Staff will be present to answer any questions. GlobalD Construction ServicesAnchor CommunityServicesConcord CommercialServicesKasper CompanyAritstic PaintingCompany, Inc.Rich Color *ImprovementsPlowman ConstructionTotal Amount$238,000.00 $129,000.00 $219,590.00$93,064.70$134,880.00 $148,680.00 $62,525.00 $118,892.00Days6 months 120 days 5 1/2 months90 days31-Aug-05 80 days 90 days 5 months* Did Not Meet Specifications9-11 Construction, Co.$156,635.00Interior/Exterior Painting of Municipal BuildingsQ-0405-0128-Apr-05Bid Tabulation CITY OF COPPELL, TEXAS STANDARD FORM PURCHASE CONTRACT City of Coppell, Texas 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 This Agreement is made by and between the City of Coppell, Texas, a home-rule municipality (hereinafter referred to as the "Buyer") and the hereinafter named Seller, referred to as the "Seller," for the sale of the goods, materials and items specified hereinafter, and the Buyer and Seller hereby agree as follows: Seller: CONCORD COMMERCIAL SERVICES, INC. [Name] 11400 LONG STREET [Address] BALCH SPRINGS, TX. 75180 [City, State, Zip] 972-557-8789 [Telephone] DESCRIPTION OF GOODS This Contract is for the purchase by the City of Coppell, Texas, of the goods, materials and items described hereinafter as the “Goods” or the subject of this Contract, and such parts, attachments, accessories, devices, and apparatus as may be considered an integral part of the Goods or necessary for the proper use or application of the Goods, whether or not specified herein. The Goods are more specifically described as follows: Description INTERIOR/EXTERIOR PAINTING FOR CITY FACILITIES PER BID SPECIFICATIONS BID NO. Q-0405-01 [CHECK ONE:] X This Contract is a “fixed price - fixed quantity” Contract for the purchase of the specified quantity at the specified price. The full quantity of the Goods shall be delivered to and received at the designated point or points of delivery no later than the date specified hereinbelow. This date is a material term and condition of this Contract and, in connection with the delivery date, time is and shall be of the essence. _______________________________ [Insert Date of Delivery] OR This Contract is for a specific duration wherein the Seller will supply, furnish and deliver at the designated point or points of delivery the specified Goods in the quantities requested by Buyer at the time of Buyer’s order. The delivery date(s) shall be set forth in Buyer’s order. This Contract is not intended to be and shall not be construed as an exclusive requirements contract. This Contract is non-exclusive and Buyer may acquire any or all of its requirements for the specified Goods from Seller or any other source deemed appropriate by Buyer. Upon the conclusion of the duration of this Contract, Buyer may renew this agreement for an additional period or periods equivalent to the primary duration upon sending written notice of intent thereof within thirty (30) days prior to the expiration of the last day of the term of this Contract. The failure to send the foregoing notice shall convert this agreement into a “fixed price - fixed quantity” contract as described above. DURATION: From ___ ___ to _____ ____. PAYMENT TERMS The purchase price of the Goods shall be that contained in the Seller’s bid and specifically accepted in writing by Buyer. Seller shall submit separate invoices, in duplicate, on each purchase order after each delivery. Invoices shall indicate the purchase order number, and shall be itemized. A copy of the bill of lading should be attached to the invoice. Mail to City of Coppell, Purchasing Department, 255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019. Payment shall not be due until the above instruments are submitted, until the Goods have been received by Buyer, and until Buyer has had sufficient opportunity to inspect and exercise its right to accept or reject. Seller shall keep the purchasing department advised of any changes in their remittance addresses. In no event shall Buyer be responsible for interest of any kind on any funds due to Seller, and no term or provision contained in any Seller’s invoice shall in any way modify, vary or alter the provisions hereof. Buyer’s obligation is payable solely from funds available for the purpose of the purchase. Lack of funds shall render this contract null and void and to the extent funds are not available, any delivered but unpaid for goods will be returned to Seller by Buyer. Do not include federal excise tax, state or city sales tax. The City shall furnish a tax exempt certificate if required. CONTRACT TERMS AND CONDITIONS This Contract is made and entered into between the parties hereto in accordance with and subject to the following additional terms and conditions: 1. SELLER TO PACKAGE GOODS: Seller will package Goods in accordance with good commercial practice. Each shipping container shall be clearly marked and permanently packed as follows: (a) Seller’s name and address; (b) Consignee’s name, address, and purchase order or purchase release number and the supply agreement number if applicable; (c) Container number and total number of containers, e.g. box 1 of 4 boxes; and (d) the number of the container bearing the package slip. Seller shall bear cost of packing unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer’s count or weight shall be final and conclusive on shipment not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED: Seller is not authorized to ship the Goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS: The title and risk of loss of the Goods shall not pass to the Buyer until the Buyer actually receives and takes possession of the Goods at the point or points of delivery. 4. DELIVERY TERMS AND TRANSPORTATION CHARGES: F.O.B. Destination Freight Prepaid unless delivery terms are specified otherwise in the bid; Seller shall pay for the transportation costs. 5. NO PLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of Goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may seasonable notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 6. PLACE OF DELIVERY: The place of delivery shall be that set forth on the purchase order or in any other written designation by Buyer. The terms of this agreement are “no arrival, no sale.” 7. RIGHT OF INSPECTION: Buyer shall have the right to inspect the goods at delivery before accepting them. 8. REJECTION OF GOODS: It is agreed that if Buyer rejects any of the goods sold pursuant to this agreement, Buyer’s only duty shall be to seasonably notify Seller of the rejection and hold the goods for the disposition of Seller, and it is agreed that under no circumstances shall Buyer be required to resell the rejected goods or incur the cost to deliver same to Seller. 9. GRATUITIES: The Buyer may, by written notice to the Seller, cancel this contract without liability to the Seller if it be determined by the Buyer that gratuities, in the form of entertainment, gifts, or otherwise were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of City of Coppell with view toward securing the contract or securing favorable treatment with respect to awarding or amending, or the making of any determination with respect to the performing of such a Contract. In the event this Contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled in addition to any other rights and remedies, to recover and withhold the amount of the cost incurred by the Seller in providing such gratuities. 10. SPECIAL TOOLS AND TEST EQUIPMENT: If the price stated on the face hereof includes the cost of any special tooling or any special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 11. WARRANTY - PRICE: a. The price to be paid by the Buyer shall be that contained in the Seller’s bid which Seller warrants to be no higher than Seller’s current prices on orders for products of the kind and specification covered by the agreement for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller’s current prices on orders by others, or in the alternative, Buyer may cancel this contract without liability for breach or Seller’s actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of violation of this warranty, the Buyer shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 12. WARRANTY - PRODUCTS: Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. No such attempts to limit, disclaim or exclude any warranties, whether of fitness, merchantability or otherwise, by Seller shall be binding or effective. Seller warranties that the Goods furnished will conform to the specifications, drawings, and descriptions listed in the bid invitation and to the sample(s) furnished by Seller, if any. In the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern. 13. SAFETY WARRANTY: Seller warrants the product sold to the Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event that the products do not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller’s expense. In the event that Seller fails to make the appropriate correction within a reasonable time, any correction made by Buyer will be at Seller’s expense. 14. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS: As part of this contract for sale, Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement or the like. Buyer makes no warranty that the production of goods according to the specifications will not give rise such claim, and in no event shall Buyer be liable to Seller in the event that Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that an infringement or the like will result, he will notify Buyer to this effect in writing or the like, within two weeks after the signing of this agreement. If Buyer does not receive notice and a claim is asserted or Buyer is subsequently held liable for the infringement or the like, Seller will indemnify, defend and save Buyer harmless. If Seller in good faith ascertains that production of the goods in accordance with the specifications will result in infringement or the like, this contract shall be null and void except that Buyer will pay Seller the reasonable cost of his search as to infringements. 15. YEAR 2005 COMPLIANT: The Goods shall in all respects be compatible with the year 2005 and shall not in any way require adjustment, revision, reconfiguration or modification upon the year 2005. Seller warrants that the Goods are fully year-2005 compliant. 16. CANCELLATION: Buyer shall have the right to cancel for default on all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any remedies which Buyer may have at law or equity. The Buyer may for any reason whatsoever terminate performance under this Contract by the Seller for convenience at any time. The Buyer shall give notice of such termination to the Seller specifying when termination becomes effective. Goods received but unopened or unused shall be made available to Seller for delivery. Buyer will, in the event of termination, remit such sums to Seller as may be due only for those Goods retained by Buyer. 17. FORCE MAJEURE: If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligation under the Agreement, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as is effected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereafter provided, but for no longer periods and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term “Force Majeure” as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbance, act of public enemy, orders of any kind of government of the United States or State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably within control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirements that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlements of strikes and lockouts by exceeding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. 18. ASSIGNMENT - DELEGATION: No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. An attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 19. MODIFICATIONS: This contract can be modified or rescinded only in writing signed by both parties or their duly authorized agents. 20. WAIVER: No claim or right arising out of a breach in contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 21. INTERPRETATION - PAROLE EVIDENCE: This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 22. APPLICABLE LAW: This agreement shall be governed by the Uniform Commercial Code. Wherever the term “Uniform Commercial Code” is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 23. ADVERTISING: Seller shall not advertise or publish, without Buyer’s prior written consent, the fact that Buyer has entered into this contract, except to the extent necessary to comply with prior requests for information from an authorized representative of federal, state or local government. 24. RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to question the other party’s intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 25. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer or employee shall have a financial interest, direct or indirect, in any contract with the City, or be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies, or services, except on behalf of the City as an officer or employee. Any knowing and willful violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall forfeit his office or position. Any violation of this section with the knowledge, express or implied, of the person or corporation contracting with the governing body of the City shall render the contract involved voidable by the City Manager or the City Council. 26. ENTIRE AGREEMENT: This Contract, and all Specifications and Addenda attached thereto, constitute the entire and exclusive agreement between the Buyer and Seller with reference to the Goods. Specifically, but without limitation, this Contract supersedes any bid documents and all prior written or oral communications, representations and negotiations, if any, between the Buyer and Seller not expressly made a part hereof. 27. INDEMNITY AND DISCLAIMER: BUYER SHALL NOT BE LIABLE OR RESPONSIBLE FOR, AND SHALL BE INDEMNIFIED, HELD HARMLESS AND RELEASED BY SELLER FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY CHARACTER, TYPE, OR DESCRIPTION, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY OR LOSS TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS, INCLUDING THE SELLER, OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY, DIRECTLY OR INDIRECTLY, THE PERFORMANCE OF SELLER UNDER THIS CONTRACT, INCLUDING CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF BUYER, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE BUYER UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS INDEMNIFICATION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS CONTRACT IS AN INDEMNITY EXTENDED BY SELLER TO INDEMNIFY AND PROTECT BUYER FROM THE CONSEQUENCES OF THE SELLER’S AS WELL AS THE BUYER’S NEGLIGENCE, WHETHER SUCH NEGLIGENCE IS THE SOLE OR PARTIAL CAUSE OF ANY SUCH INJURY, DEATH, OR DAMAGE. IN ADDITION, CONTRACTOR SHALL OBTAIN AND FILE WITH OWNER CITY OF COPPELL A STANDARD CERTIFICATE OF INSURANCE AND APPLICABLE POLICY ENDORSEMENT EVIDENCING THE REQUIRED COVERAGE AND NAMING THE OWNER CITY OF COPPELL AS AN ADDITIONAL INSURED ON THE REQUIRED COVERAGE. 28. GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas. Venue for any causes of action arising under the terms or provisions of this Contract or the Goods to be delivered hereunder shall be in the courts of Dallas County, Texas. 29. SUCCESSORS AND ASSIGNS: The Buyer and Seller bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in this Contract. The Seller shall not assign this Contract without written consent of the Buyer. 30. SEVERABILITY: The provisions of this Contract are herein declared to be severable; in the event that any term, provision or part hereof is determined to be invalid, void or unenforceable, such determination shall not affect the validity or enforceability of the remaining terms, provisions and parts, and this Contract shall be read as if the invalid, void or unenforceable portion had not been included herein. 31. NOTICES: All notices required by this Contract shall be presumed received when deposited in the mail properly addressed to the other party at the address set forth herein or set forth in a written designation of change of address delivered to all parties. EXECUTED this _______ day of _______________________________, _________. SELLER: __________________________________________ (Signature) __________________________________________ (Type/Print Name and Title/Position) __________________________________________ (Address) __________________________________________ (City, State, Zip) _________________________________________ (City Manager) DEPT: Engineering DATE: May 10, 2005 ITEM #: 14/D AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Letter of Intent concerning the future purchase of Police Department vehicles in FY 2005/06 and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of this Letter of Intent will authorize GM to manufacture Police Tahoe’s to City of Coppell specifications for purchase in FY 2005/06. Staff recommends approval of the letter and will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: #PoliceVehicles MEMORANDUM TO:Mayor and City Council FROM:Kenneth M. Griffin, P.E., Director of Engineering/Public Works DATE:May 10, 2005 REF: Consider approval of a Letter of Intent concerning the future purchase of Police Department vehicles in FY 2005/06 and authorizing the City Manager to sign. In our current Five-Year Plan and in the preliminary budget submitted, it is noted that FY 2005/06 is the year to replace the current Police Department Tahoe’s. The city’s Fleet Manager, Mark Brochtrup, has been notified by our GM government account representative, that final orders for any 2006 Tahoe’s are due in mid-2005. The account representative also stated that the Tahoe’s would be built to general specifications, unless the city commits that they will be purchasing Tahoe’s and provides detailed specifications for the City of Coppell Police Tahoe’s. The problem with the timetable provided by GM is that they are seeking commitments from the City prior to the approval of the budget by City Council. The solution offered by GM is for the city to provide a ‘Letter of Intent’ to purchase a certain number of Tahoe’s and provide our detailed specifications. GM would then manufacture those Tahoe’s to our specifications and allow us to provide an official purchase order after the approval of the City of Coppell’s FY 2005/06 budget. While the city could wait until mid-September 2005 to submit a ‘Letter of Intent’, we have a concern that there will be numerous municipalities across the nation submitting requests for Tahoe’s and that our order may not make the list of Tahoe’s manufactured by GM for the year. In an attempt to insure that we are able to replace the current Police Department Tahoe’s, we are requesting approval of this agenda item to provide GM with a ‘Letter of Intent’ to purchase the required number of Police Tahoe’s. Staff will be available to answer questions at the Council meeting. DEPT: Engineering DATE: May 10, 2005 ITEM #: 14/E AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an ordinance to adopt the 2005 Standard Construction Details for regulating infrastructure construction within the City of Coppell; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of this ordinance will adopt the 2005 Standard Construction Details that were last revised in 1992. Staff recommends approval of the ordinance and will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: #ConstDetails MEMORANDUM TO:Mayor and City Council FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works DATE:May 10, 2005 REF: Consider approval of an ordinance to adopt the 2005 Standard Construction Details for regulating infrastructure construction within the City of Coppell; and authorizing the Mayor to sign. On May 12, 1992, City Council approved the city’s current Standard Construction Details. Since that time there have been various changes to specific parts of the details, most notably the use of stamped concrete in the right-of-way, as opposed to brick pavers. Also since the approval in 1992, the North Central Texas Council of Governments (NCTCOG) has provided, ‘Standard Drawings’ as a section to their ‘Standard Specifications for Public Works Construction’. These ‘Standard Drawings’ were introduced in 1997 by NCTCOG. Council may recall that the City of Coppell has adopted the ‘Standard Specifications for Public Works Construction’ produced by NCTCOG. On each project built within the City of Coppell, those standards are referenced and then we note local exceptions to the standards as part of our detailed construction specifications. In lieu of just adopting the ‘Standard Drawings’ provided by the NCTCOG, and then producing a separate document of local exceptions, we have taken the time to revise the drawings provided by NCTCOG to include items that we require within the City of Coppell (see attached Construction Details Revision Summary). These details will differ from our 1992 details, therefore, on December 15, 2004 we mailed a letter to 44 Engineering and/or construction companies that routinely work within the City of Coppell inviting them to visit the Engineering Department to review the revisions and then offer any comments that they may have. To date, not one Engineering and/or construction company has stopped by to review the proposed changes or offer any comments. Because the construction details are so large, they have been provided to you on a separate CD for your review. We have also provided a letter to the same 44 Engineering and/or construction companies alerting them that the revised Standard Construction Details will be presented to City Council on May 10, 2005 for approval. Staff recommends approval of the revised Standard Construction Details and will be available to answer any questions. Construction Details Revision Summary SECTION 1000: Erosion Control • Added requirement to conform to TPDES and TCEQ regulations • Encouraged the use of silt fence over other sediment control methods • Added detail for the use of fiber filled “wattle” for inlet protection SECTION 2000: Pavement Systems • Revised paving subgrade requirements • Revised paving reinforcement spacing from 24” to 18” • Revised traffic button layout • Revised joint spacing detail • Revised asphalt paving detail to reflect historic overlay requirements • Added median nose paving details • Added drive and alley approach details • Added ramp and accessible route details for intersections • Revised sidewalk construction detail • Added pavement construction testing procedures detail • Added fire lane paving and striping detail • Added driveway decorative paving detail SECTION 3000: General Underground Conduit • Revised details to reflect City requirements for water line, sewer line and storm drain embedment • Added roadway crossing bore detail • Added irrigation conduit and electrical conduit detail SECTION 4000: Water Distribution • Revised details for 4” – 12” gate valve installation • Added details for 16” and larger gate valve installation • Revised air release valve details to eliminate soldered joints, compression fittings and wheel valves • Revised fire hydrant installation detail • Added details for installation of water services from ¾” to 2” • Added details for DDC valve installation • Added details for DDC vault installation • Added details for FDC and fire sprinkler line installation • Added details for water line crossing at sewer and storm drain lines • Added detail for the identification of water line valve and meter locations • Added water system testing procedures detail SECTION 5000: Sanitary Sewer • Revised manhole installation details • Added details for sanitary sewer service connection • Revised detail for manhole abandonment • Added aerial crossing detail • Added detail for the identification of sanitary sewer manhole and cleanout locations • Added sanitary sewer system testing procedures detail SECTION 6000: Storm Drain • Revised storm drain general notes and testing detail PAGE 1 74082 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO._____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING THE CODE OF ORDINANCES BY REPEALING ORDINANCE NO. 92554 AND BY REPEALING ARTICLE 15-12, STANDARD CONSTRUCTION DETAILS, AND BY REPLACING WITH A NEW ARTICLE 15-12 TO ADOPT THE 2005 STANDARD CONSTRUCTION DETAILS AS THE CITY OF COPPELL STANDARD CONSTRUCTION DETAILS; PROVIDING FOR INFRASTRUCTURE CONSTRUCTION AND IMPROVEMENTS; PROVIDING FOR EROSION CONTROL; PROVIDING FOR PAVEMENT SYSTEMS; PROVIDING FOR GENERAL UNDERGROUND CONDUIT; PROVIDING FOR WATER DISTRIBUTION; PROVIDING FOR SANITARY SEWER; PROVIDING FOR STORM DRAIN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00); AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That Ordinance No. 92554 be, and the same is, hereby repealed in its entirety. SECTION 2.That the Code of Ordinances of the City of Coppell, Texas be and the same is, hereby amended by repealing Article 15-12, Standard Construction Details, and by replacing with a new Article 15-12, Standard Construction Details Code, to adopt the 2005 Standard Construction Details Code, which shall read as follows: "ARTICLE 15-12. STANDARD CONSTRUCTION DETAILS CODE Sec. 15-12-1. Coppell Standard Construction Details Code Adopted There is hereby adopted the 2005 Standard Construction Details Code, which is attached hereto and incorporated herein as Exhibit “A” and made a part hereof for all purposes, the same as if fully copied in full herein. PAGE 2 74082 Sec. 15-4-2. The Coppell Standard Construction Details Code of the City of Coppell adopted by this Ordinance, and as may hereafter be amended, shall be maintained in the office of the city secretary as a separate code apart from this General Code.” SECTION 3.That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense and each and every day such offense is continued shall constitute a new and separate offense. SECTION 5. That this ordinance shall become effective immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of Coppell, Texas, this the __________ day of ___________________, 2005. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: PAGE 3 74082 ______________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _______________________________ ROBERT HAGER, CITY ATTORNEY (REH/cdb [Revised] 5/4/05) DEPT: Planning DATE: May 10, 2005 ITEM #: 14/F AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-199R2-HC, Vista Point II, Lot 5R, Block A (Bank of Texas), zoning change from PD-199-HC (Planned Development-199-Highway Commercial) to PD-199R2-HC (Planned Development-199 Revision 2-Highway Commercial) to amend the Planned Development to allow the development of an approximate 5,585-square-foot bank facility, with drive-through lanes, on 1.25 acres of property located along the west side of MacArthur Blvd., south of S.H. 121, 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 March 17, 2005, the Planning Commission unanimously approved this zoning change (6-0). On April 12, 2005, Council unanimously approved this zoning change (5-0). Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @PD-199R2 ORD 1-AR (Con) 1 73917 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-199-HC” (PLANNED DEVELOPMENT-199-HIGHWAY COMMERCIAL) TO “PD-199R2-HC” (PLANNED DEVELOPMENT-199 REVISION 2-HIGHWAY COMMERCIAL) TO AMEND THE PLANNED DEVELOPMENT TO INCLUDE A DETAILED SITE PLAN FOR LOT 5, TO ALLOW FOR THE CONSTRUCTION OF AN APPROXIMATE 5,585-SQUARE-FOOT BANK ON 1.25 ACRES OF PROPERTY LOCATED ALONG THE WEST SIDE OF MACARTHUR BLVD. SOUTH OF S.H. 121, BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO, AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR DEVELOPMENT STANDARDS; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN, LANDSCAPE PLAN, AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B, C, AND D”, RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-199R2- 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 “PD-199-HC” (Planned Development-199-Highway Commercial) to “PD-199R2-HC” (Planned Development-199 Revision 2-Highway Commercial) to amend to include a Detailed Site Plan for Lot 5, which shall constitute 2 73917 the development standards for Lot 5 as depicted on Exhibit “B”, to allow for the construction of an approximate 5,585 square-foot-bank on 1.25 acres of property located along the west side of MacArthur Blvd., south of S.H. 121, being more particularly described in Exhibit “A”, attached hereto and incorporated herein for all purposes. SECTION 2.That Lot 5 of said Planned Development shall be developed and used only in accordance with the development standards, which are as follows: A. Accept as amended herein, the property shall be developed in accordance with Ordinance 91500-A-381, which is incorporated herein as set forth in full and hereby republished. B. Prior to the issuance of a Certificate of Occupancy for this bank, either the fire lane on Lot 2, adjacent to this site, or a hammerhead (turn-around) on the northern fire lane shall be constructed, as approved by the Fire Marshal. C. Submission of a letter from the City of Lewisville approving the deceleration lanes adjacent to this site and/or related issues as depicted in the attached exhibits. SECTION 3.That THE Site Plan, Landscape Plan and Elevations, attached hereto as Exhibits “B,” “C,” and “D”, respectively, and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. 3 73917 SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. 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 ___________________, 2005. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: 4 73917 _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 04/26/05) TREE NO.DBH REMOVE / MAINTAIN BOTANICAL AND COMMON NAME TREE MITIGATION SCHEDULE TREE NO.DBH REMOVE / MAINTAIN BOTANICAL AND COMMON NAME QUANTITY ID AND GRAPHIC SYMBOL DESCRIPTION BOTANICAL AND COMMON NAME COMMENTS LANDSCAPE PLANTING SCHEDULE TREES BY LANDSCAPE REQUIREMENT SHRUBS & GROUNDCOVER TREES OTHER ALL QUANTITIES ARE FOR BIDDING PURPOSES. CONTRACTOR RESPONSIBLE FOR ACTUAL QUANTITIES REQUIRED IN FIELD 15' UTILITY EASEMENT (CABINET U, PAGE 276, M.R.D.C.T.) SC (37 S.F.) SC (26 S.F.) MB (21) PG (4) BW (8) BW (8) SC (37 S.F.) SC (26 S.F.) MB (21) PG (4) BW (8) BW (8) AJ (156 S.F.) AJ (125 S.F.) AJ (560 S.F.) PG (3) PG (3) PG (3) PG (3) WS (3) WS (3) WS (3) WS (3) BW (7) IH (7) BW (8) IH (9) YH (1) BW (7) IH (7) BW (8) IH (9) YH (1) MB (15) IH (3) BW (7) IH (3) IH (3) IH (3) IH (3) BW (5) SC (28 S.F.) SC (28 S.F.) BW (5) MB (17) SC (16 S.F.) RR (104 S.F.) BW (3) IH (3) BW (7) MB (16) BB (54 S.F.) BB (111 S.F.) BB (136 S.F.) BB (61) LO (1) LO (1) LO (1) LO (1) LO (1) LO (1) LO (1) LO (1) BC (3) BC (3) BC (1) AJ (210 S.F.) AJ (198 S.F.) RC (5) CM (6) CM (3) CROWN ISLAND 2' CROWN ISLAND 2' CROWN ISLAND 2' CROWN ISLAND 2' BC (1) EP (11) CROWN ISLAND 2' 1 LANDSCAPE LAYOUT PLAN OF TEXASBANK TEXASBANKOF N.A. OF TEXASBANK TEXASBANKOF N.A. DEPT: Planning DATE: May 10, 2005 ITEM #: 14/G AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-97R3-R, Corners of Coppell (Universal Academy), zoning change from PD-97-R (Planned Development-97-Retail) to PD-97R3-R (Planned Development-97 Revision 3- Retail) to amend the Planned Development to allow the occupancy of approximately 73,128-square-feet of the existing building for Universal Academy (grades preK-12th), and the occupancy of the remaining 41,475-square feet for college and/or retail uses, on 10.7 acres of property located at the southeast corner of Sandy Lake Road 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 March 17, 2005, the Planning Commission unanimously approved this zoning change (6-0). On April 12, 2005, Council unanimously approved this zoning change (5-0). Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @PD-97R3-R ORD 1-AR (Con) 1 73915 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-97- R (PLANNED DEVELOPMENT-97-RETAIL) TO PD-97R3-R (PLANNED DEVELOPMENT-97 REVISION 3-RETAIL) TO ALLOW THE OCCUPANCY OF APPROXIMATELY 73,128- SQUARE-FEET OF THE EXISTING BUILDING FOR UNIVERSAL ACADEMY (GRADES PRE K-12TH), AND THE OCCUPANCY OF THE REMAINING 41,475-SQUARE FEET FOR COLLEGE AND/OR RETAIL USES, ON 10.7 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SANDY LAKE ROAD AND MACARTHUR BLVD. AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR DEVELOPMENT STANDARDS; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN AND LANDSCAPE PLAN AND SIGN PLAN, ATTACHED HERETO AS EXHIBITS “B AND C”, RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-97R3-R 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 2 73915 from PD-97-R (Planned Development-97-Retail) to PD-97R3-R (Planned Development-97 Revision 3-Retail) to allow the occupancy of approximately 73,128-square-feet of the existing building for Universal Academy (grades pre K-12th), and the occupancy of the remaining 41,475-square feet for college and/or retail uses, on 10.7 acres of property located at the southeast corner of Sandy Lake Road and MacArthur Blvd. and being more particularly described in Exhibit “A”, attached hereto and incorporated herein for all purposes. SECTION 2.That the property shall be developed and used only in accordance with the development standards, which are as follows: A. Engineering Department review of the proposed circulation patterns and directional signage prior to opening and during the operation of this school. B. The applicant re-evaluate the necessity of fencing in the future retail areas. C. Provision of a letter from a registered structural engineer proving the bridges/box culverts will support a vehicle weighing a minimum of 80,000 lbs. D. The hours of operation shall not exceed 6:30 a.m. to 6:30 p.m. Monday through Friday and 6 a.m. until 7 p.m. on Saturdays. SECTION 3.That the Site and Landscape Plan and Sign Plan, attached hereto as Exhibits “B” and “C”, respectively, and made a part hereof for all purposes, are hereby approved. 3 73915 SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. 4 73915 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 ___________________, 2005. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 04/26/05) DEPT: Planning DATE: May 10, 2005 ITEM #: 14/H AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for Case No. ZC-617(CH) zoning change from HO-C (Historic Overlay-Commercial); HO-C-S-1125R (Historic Overlay-Commercial-Special Use Permit-1125 Revised); HO-R (Historic Overlay-Retail); HO-SF-7 (Historic Overlay-Single Family-7); HO-SF-12 (Historic Overlay-Single Family-12); HO-LI (Historic Overlay-Light Industrial); PD-119-HO-SF-9 (Planned Development-119-Historic Overlay-Single Family-9); PD- 108-HO-LI (Planned Development-108-Historic Overlay-Light Industrial); PD-108R5-HO-LI (Planned Development- 108R5-Historic Overlay-Light Industrial); PD-188-HO-C (Planned Development-188-Historic Overlay-Commercial); PD- 197-HO-TH-1/C (Planned Development-197-Historic Overlay Townhome-1/Commercial), and PD-206-HO-R (Planned Development-206-Historic Overlay-Retail) to the proposed zoning district H (Historic), replacing the HO (Historic Overlay) district, 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 February 17, 2005, the Planning Commission approved (4-1) this zoning change with Commissioners Borchgardt, Foreman, Kittrell and Reese voting in favor. Commissioner Milosevich opposed. Commissioners Hall and McCaffrey were absent. On March 8, 2005, Council unanimously approved this zoning change (7-0). Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @ZC-617(CH) ORD 1-AR (Con) 1 73069 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 HO-C (HISTORIC OVERLAY-COMMERCIAL); HO-R (HISTORIC OVERLAY-RETAIL); HO-SF-7 (HISTORIC OVERLAY-SINGLE FAMILY-7); HO-SF-12 (HISTORIC OVERLAY-SINGLE FAMILY-12), AND HO- LI (HISTORIC OVERLAY-LIGHT INDUSTRIAL) TO H (HISTORIC); FROM PD- 119-HO-SF-9 (PLANNED DEVELOPMENT-119-HISTORIC OVERLAY-SINGLE FAMILY-9) TO PD-119-H (PLANNED DEVELOPMENT-119-HISTORIC); FROM PD-108-HO-LI (PLANNED DEVELOPMENT-108-HISTORIC OVERLAY-LIGHT INDUSTRIAL) TO PD-108-H (PLANNED DEVELOPMENT-108-HISTORIC); FROM PD-108R5-HO-LI (PLANNED DEVELOPMENT-108R5-HISTORIC OVERLAY-LIGHT INDUSTRIAL) TO PD-108R5-H (PLANNED DEVELOPMENT- 108R5-HISTORIC); FROM PD-188-HO-C (PLANNED DEVELOPMENT-188- HISTORIC OVERLAY-COMMERCIAL) TO PD-188-H (PLANNED DEVELOPMENT-188-HISTORIC); FROM PD-197-HO-TH-1/C (PLANNED DEVELOPMENT-197-HISTORIC OVERLAY-TOWNHOME-1/COMMERCIAL) TO PD-197-H (PLANNED DEVELOPMENT-197-HISTORIC); FROM PD-206-HO- R (PLANNED DEVELOPMENT-206-HISTORIC OVERLAY-RETAIL) TO PD-206- H (PLANNED DEVELOPMENT-206-HISTORIC), AND FROM HO-C-S-1125R (HISTORIC OVERLAY-COMMERCIAL-SPECIAL USE PERMIT-1125 REVISED) TO H-S-1125R (HISTORIC-SPECIAL USE PERMIT-1125 REVISED) ON APPROXIMATELY 100 ACRES LOCATED ALONG COPPELL AND BETHEL ROADS, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. ZC-617(CH) should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is 2 73069 hereby amended to grant a change in HO-C (Historic Overlay-Commercial); HO-R (Historic Overlay- Retail); HO-SF-7 (Historic Overlay-Single Family-7); HO-SF-12 (Historic Overlay-Single Family-12). and HO-LI (Historic Overlay-Light Industrial) to H (Historic); from PD-119-HO-SF-9 (Planned Development-119-Historic Overlay-Single Family-9) to PD-119-H (Planned Development-119- Historic); from PD-108-HO-LI (Planned Development-108-Historic Overlay-Light Industrial) to PD- 108-H (Planned Development-108-Historic); from PD-108R5-HO-LI (Planned Development-108R5- Historic Overlay-Light Industrial) to PD-108R5-H (Planned Development-108R5-Historic); from PD- 188-HO-C (Planned Development-188-Historic Overlay-Commercial) to PD-188-H (Planned Development-188-Historic); from PD-197-HO-TH-1/C (Planned Development-197-Historic Overlay- Townhome-1/Commercial) to PD-197-H (Planned Development-197-Historic); from PD-206-HO-R (Planned Development-206-Historic Overlay-Retail) to PD-206-H (Planned Development-206-Historic), and from HO-C-S-1125R (Historic Overlay-Commercial-Special Use Permit-1125 Revised) to H-S- 1125R (Historic-Special Use Permit-1125 Revised) on approximately 100 acres located along Coppell and Bethel Roads, and more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2.That the property shall be used only in the manner and the purpose provided in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 3.That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 4.That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. 3 73069 SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 8.That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2005. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ________________________________ ROBERT E. HAGER, CITY ATTORNEY EXHIBIT AST NUM ST NAME ST TYPE SURVEY OR PLAT PROPERTY DESCRIPTION ZONING DISTRICT305 BETHEL RD JAMES A SIMMONS ABST 1296 PG 850 TR 2 ACS 0.226 H408 BETHEL RD J W ANDERSON ABST 18 PG 460 TR 55 ACS 0.28 H412 BETHEL RD J W ANDERSON ABST 18 PG 460 TR 56 T-S-2 H416 BETHEL RD J W ANDERSON ABST 18 PG 460 TR 54 ACS 0.96 247X172.9X247X164.7 OT COPPELL H416 BETHEL RD J W ANDERSON ABST 18 PG 460 TR 76 H417 BETHEL RD JAMES A SIMMONS ABST 1296 PG 455 TR 4 T-S-1 H420 BETHEL RD J W ANDERSON ABST 18 PG 460 TR 77 TS-2 H440 BETHEL RD J W ANDERSON ABST 18 PG 460 TR 58 0.092 ACS ORIG TOWN COPPELL H442 BETHEL RD J W ANDERSON ABST 18 PG 470 TR 59 ACS 0.06 25X100 H446 BETHEL RD J W ANDERSON ABST 18 PG 460 TR 60 O T COPPELL H448 BETHEL RD J W ANDERSON ABST 18 PG 460 TR 61 TS-2 30 X 100; 0.0688 AC H449 BETHEL RD JAMES A SIMMONS ABST 1296 PG 465 TR 14 ACS 0.1111 LOC ON ORIG TOWN SH 3 COPPELL H450 BETHEL RD J W ANDERSON ABST 18 PG 460 TR 62 0.07 AC 30X100 H452 BETHEL RD J W ANDERSON ABST 18 PG 460 TR 64 0.124 AC H454 BETHEL RD J W ANDERSON ABST 18 PG 460 TR 65 0.01 AC 20X25 H454 BETHEL RD J W ANDERSON ABST 18 PG 460 TR 83 ACS 0.02 OT SHT 2 20X45 H456 BETHEL RD J W ANDERSON ABST 18 PG 460 TR 66 TS-2 ACS 0.1607 H460 BETHEL RD J W ANDERSON ABST 18 PG 460 TR 67 ACS 0.0287 25X50 H461 BETHEL RD JAMES A SIMMONS ABST 1296 PG 465 TR 16 ACS 0.546 LOC OT COPPELL SH 3 H501 BETHEL RD JAMES A SIMMONS ABST 1296 PG 465 TR 16.1 ACS 0.392 CALC LOC OT COPPELL SH 3 H509 BETHEL RD JAMES A SIMMONS ABST 1296 PG 465 TR 17 ACS 0.876 H511 BETHEL RD JAMES A SIMMONS ABST 1296 PG 465 TR 18 ACS 0.5372 LOC N OT COPPELL SH 3 H515 BETHEL RD JAMES A SIMMONS ABST 1296 PG 465 TR 19 ACS 0.37 H516 BETHEL RD JOHN VEST ABST 1508 PG 656 TR 3 H500 COPPELL RD J W ANDERSON ABST 18 PG 460 TR 69 0.0923 ACS CALC H512 COPPELL RD J W ANDERSON ABST 18 PG 150 TR 18 S-2 70X180 H556 COPPELL RD COPPELL ROAD BUSINESS PARK LOT 2 ACS 0.468 H557 COPPELL RD JOHN VEST ABST 1508 PG 656 TR 6.1 ACS 0.284 CALC H557 COPPELL RD JOHN VEST ABST 1508 PG 656 TR 33 75X165 H558 COPPELL RD J W ANDERSON ABST 18 PG 460 TR 81 50X122.4X159.2X2X122 OT H559 COPPELL RD JOHN VEST ABST 1508 PG 656 TR 28 H560 COPPELL RD COPPELL ROAD BUSINESS PARK LOT 1 ACS 5.140 H569 COPPELL RD ROBERTSON COMMERCIAL POOLS EAST PORTION OF BLK A LT 1 1.790 ACS H572 COPPELL RD J W ANDERSON ABST 18 PG 460 TR 71 H595 COPPELL RD JOHN VEST ABST 1508 PG 656 TR 5 0.58 ACS H597 COPPELL RD JOHN VEST ABST 1508 PG 656 TR 2 50X140 H615 COPPELL RD JOHN VEST ABST 1508 PG 656 TR 1 H1 EXHIBIT AST NUM ST NAME ST TYPE SURVEY OR PLAT PROPERTY DESCRIPTION ZONING DISTRICT616 COPPELL RD J W ANDERSON ABST 18 PG 460 TR 68 0.48 AC H701 COPPELL RD JAMES A SIMMONS ABST 1296 PG 465 TR 13 ACS 0.1066 LOC ON ORIG TOWN SH 3 COPPELL H705 COPPELL RD JAMES A SIMMONS ABST 1296 PG 465 TRS 26 & PT 25 T-S-3 50X100 H709 COPPELL RD JAMES A SIMMONS ABST 1296 PG 465 TR 15 & PT TR 25 61.175X81XAVG H713 COPPELL RD JAMES A SIMMONS ABST 1296 PG 850 110X175 H718 COPPELL RD JAMES A SIMMONS ABST 1296 PG 455 TR 5 0.447 AC H720 COPPELL RD JAMES A SIMMONS ABST 1296 PG 455 TR 6 ACS 0.295 H726 COPPELL RD JAMES A SIMMONS ABST 1296 PG 455 TR 7 2.52 ACS H732 COPPELL RD JAMES A SIMMONS ABST 1296 PG 455 TR 15 0.27 AC H756 COPPELL RD JAMES A SIMMONS ABST 1296 PG 850 TR 9 1.0442 ACS H798 COPPELL RD JAMES A SIMMONS ABST 1296 PG 455 TR 8 0.14 AC (NORTH PORTION) H799 COPPELL RD JAMES A SIMMONS ABST 1296 PG 850 PORTION OF TR 15 H816 COPPELL RD COPPELL SERVICE CENTER BLK 1 LT 1 ACS 7.507 (NORTH EAST PORTION) H100 HARRIS ST J W ANDERSON ABST 18 PG 150 TR 20 ACS 4.1302 179911 SF H604 LOCH LN JOHN VEST ABST 1508 PG 656 PORTION OF 1.79 AC H600 MITCHELL ST J W ANDERSON ABST 18 PG 460 TR 80 H601 MITCHELL ST J W ANDERSON ABST 18 PG 460 TR 78 O T COPPELL SH 2 H604 MITCHELL ST J W ANDERSON ABST 18 PG 460 TR 79 134X85 H605 MITCHELL ST J W ANDERSON ABST 18 PG 460 TR 57 ACS 0.4165 H528 COPPELL RD J W ANDERSON ABST 18 PG 150 TR 67 55X180 H-C-S-1125R532 COPPELL RD J W ANDERSON ABST 18 PG 150 TR 15 0.10 AC 90X50 H-C-S-1125R532 COPPELL RD J W ANDERSON ABST 18 PG 150 TR 69 90X50 H-C-S-1125R536 COPPELL RD J W ANDERSON ABST 18 PG 150 TR 14 ACS 0.2111 H-C-S-1125R301 BETHEL RD JAMES A SIMMONS ABST 1296 PG 850 TR 1 O.15AC PD-108-H-LI313 BETHEL RD JAMES A SIMMONS ABST 1296 PG 850 S- TR 3 75X175 PD-108-H-LI317 BETHEL RD JAMES A SIMMONS ABST 1296 PG 850 TR 4 S-1 75X125 PD-108-H-LI401 BETHEL RD JAMES A SIMMONS ABST 1296 PG 455 TR 1 85X175 PD-108-H-LI407 BETHEL RD JAMES A SIMMONS ABST 1296 PG 455 TR 2 0.50 AC PD-108-H-LI413 BETHEL RD JAMES A SIMMONS ABST 1296 PG 455 TR 3 100X175 T-S-1 PD-108-H-LI736 COPPELL RD JAMES A SIMMONS ABST 1296 PG 455 10,019 SQ FT PD-108-H-LI740 COPPELL RD JAMES A SIMMONS ABST 1296 PG 455 TR 9 50X90 T-S-1 PD-108-H-LI742 COPPELL RD JAMES A SIMMONS ABST 1296 PG 455 TR 10 T-S-1 PD-108-H-LI750 COPPELL RD JAMES A SIMMONS ABST 1296 PG 455 TR 11 0.44 AC PD-108-H-LI752 COPPELL RD JAMES A SIMMONS ABST 1296 PG 455 TR 12 ACS 0.96 LOC ON OT COPPELL SHT 1 PD-108-H-LI756 COPPELL RD JAMES A SIMMONS ABST 1296 PG 850 TR 8.2 ACS 0.7760 CALC PD-108-H-LI756 COPPELL RD JAMES A SIMMONS ABST 1296 PG 850 TR 8.1 ACS 2.3073 CALC PD-108-H-LI798 COPPELL RD JAMES A SIMMONS ABST 1296 PG 455 TR 8 0.14 AC (SOUTH PORTION) PD-108-H-LI2 EXHIBIT AST NUM ST NAME ST TYPE SURVEY OR PLAT PROPERTY DESCRIPTION ZONING DISTRICT798 COPPELL RD JAMES A SIMMONS ABST 1296 PG 455 TR 13 0.10 ACS PD-108-H-LI816 COPPELL RD COPPELL SERVICE CENTER BLK 1 LT 1 ACS 7.507 (PORTION OF) PD-108R5-H-LI700 PARK RD JAMES A SIMMONS ABST 1296 PG 856 TR 7.3 ACS 15.5375 SHEET 2A PD-108-H-LI701 PARK LN JAMES A SIMMONS ABST 1296 PG 850 TR 5 S-1 PD-108-H-LI702 PARK LN JAMES A SIMMONS ABST 1296 PG 850 TR 10 ACS 8.2627 CALC SHEET 1 PD-108-H-LI702 PARK LN JAMES A SIMMONS ABST 1296 PG 856 TR 7 ACS 0.3975 CALC SHEET 2-A PD-108-H-LI705 PARK LN JAMES A SIMMONS ABST 1296 PG 850 TR 23 PD-108-H-LI709 PARK LN JAMES A SIMMONS ABST 1296 PG 850 TR 6 S-1 100X175 PD-108-H-LI713 PARK LN JAMES A SIMMONS ABST 1296 PG 850 TR 7 S-1 PD-108-H-LI9008 PARK LN JAMES A SIMMONS ABST 1296 PG 850 TR 8 ACS 14.6255 S-1 PD-108-H-LI300 BROCK ST BIG CEDAR BLK 1 LOT 41 PD-119-SF-9514 COPPELL RD JWI BLK 1 LT 1.1 ACS 0.244 PD-188-H-C520 COPPELL RD JWI BLK 1 PT LT 1 ACS 0.477 PD-188-H-C524 COPPELL RD JWI BLK 1 LT 1.2 ACS 0.345 PD-188-H-C524 COPPELL RD JWI BLK 1 LT 1.3 ACS 0.204 PD-188-H-C544 COPPELL RD J W ANDERSON ABST 18 PG 150 TR 70 ACS 0.4223 PD-197R-H-TH-1/C548 COPPELL RD J W ANDERSON ABST 18 PG 150 TR 62 ACS 0.2380 PD-197R-H-TH-1/C552 COPPELL RD J W ANDERSON ABST 18 PG 150 TR 12 ACS 3.163 PD-197R-H-TH-1/C717 COPPELL RD CONOBOY ADDITION BLK 1 LT 1 PD-206-H-R3 B E T H E L S C H O O L R O A D MITCHELLCOPPELL ROADPLAKAYE ST SADDLE T REEDAKOTA LN HARRIS DRCOUNTRY LNWALES CTCOOPER LANE SCOTT ST.PARISH PLCOZBY AVE. BROOK LANE ANDERSON AVEDILLARD LN DLLARD CT.HUNTERWOOD CTMELINDA STLYNN CTB R O C K ST BETHEL ROAD ARMSTRONG BLVDLEXINGTON AVEE D M O N D S O N DR STANTON CT ROSEMOUNT CT PENFOLDS LNBENSON LN BULLOCK DRHOWELL DRFREEPORT PKWYCOPPELL ROADBURN S STREETHAMMOND STHEARTHSTONE LN LOCH LNH PD-197R-H H PD-119- H PD-108-H HH PD-188-H H PD-197R-H H PD-206-H PD-108-H PD-108R5-H H PD-119- H H-S-1125R PD-108-H PD-108- H N EW SEXHIBIT "A-4" DEPT: Planning DATE: May 10, 2005 ITEM #: 14/I AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance amending Chapter 12 of the Coppell Comprehensive Zoning Ordinance, Section 12-28A, to replace the HO (Historic Overlay) district with H (Historic); to adopt specific uses and development regulations for a Historic district, while retaining development conditions of the existing Planned Developments and Special Use Permits; to add Section 12-30-13A to add the uses permitted by Special Use Permit in the Historic district; to attach the design guidelines as an appendix; to replace Section 12-3-1 HO (Historic Overlay) with H (Historic); to replace Section 12-3-2 Historic Overlay definition and purpose to the Historic district definition and purpose; to delete Section 12-30-18 in its entirety, and to specifically exclude the Historic district from Section 12-30-14, 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 February 17, 2005, the Planning Commission approved (4-1) the above changes with Commissioners Borchgardt, Foreman, Kittrell and Reese voting in favor. Commissioner Milosevich opposed. Commissioners Hall and McCaffrey were absent. On March 8, 2005, Council unanimously approved the above changes (7-0). Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @HO ORD 1-AR (Con) 1 73229 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 12, COMPREHENSIVE ZONING ORDINANCE, SECTION 12-28A TO REPLACE THE HISTORIC OVERLAY DISTRICT WITH THE HISTORIC DISTRICT, TO ADOPT SPECIFIC USES AND DEVELOPMENT REGULATIONS FOR A HISTORIC DISTRICT, WHILE RETAINING THE DEVELOPMENT CONDITIONS OF THE EXISTING PLANNED DEVELOPMENTS AND SPECIAL USE PERMITS, TO ADD SECTION 12-30-13A TO ADD THE USES PERMITTED BY SPECIAL USE PERMIT IN THE HISTORIC DISTRICT, TO ATTACH THE DESIGN GUIDELINES AS AN APPENDIX, TO REPLACE SECTION 12-3-1 HO, HISTORIC OVERLAY, WITH H, HISTORIC DISTRICT, TO REPLACE SECTION 12-3-2 HISTORIC OVERLAY DEFINITION AND PURPOSE TO THE HISTORIC DISTRICT DEFINITION AND PURPOSE, TO DELETE SECTION 12-30-18 IN ITS ENTIRETY, AND TO SPECIFICALLY EXCLUDE THE HISTORIC DISTRICT FROM SECTION 12-30-14; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council approved the rezoning of over 100 acres of property to replace the existing HO prefix with the Historic District prefix to the existing Planned Developments and Special Use Permits and to replace the zoning of properties that currently have the Historic Overlay prefix with a Historic (H) zoning designation within the area of Bethel Road, Coppell Road and Grapevine Springs Park; and WHEREAS, the purpose and intent of the Historic District is to: 1. Provide special development standards compatible with the unique character of Old Coppell, as defined herein. 2. Preserve and enhance the area's special historic, architectural and aesthetic features. 3. Ensure that new construction and alterations to existing structures are compatible with the unique character of the area. 4. Provide an area for living, shopping, dining, working, recreation and entertainment. 5. Promote pedestrian activity within Old Coppell to encourage an atmosphere of a by- gone era; and WHEREAS, development standards and guidelines have been established for this unique character of Old Coppell. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS; 2 73229 SECTION 1. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be, and the same is, hereby amended by amending the Section 12-28A, which shall read as follows: ARTICLE 28A. "H" HISTORIC DISTRICT Sec. 12-28A-0. General purpose and description. The historic district "H" is intended to: 1. Provide special development standards compatible with the unique character of Old Coppell, as defined herein. 2. Preserve and enhance the area's special historic, architectural and aesthetic features. 3. Ensure that new construction and alterations to existing structures are compatible with the unique character of the area. 4. Provide an area for living, shopping, dining, working, recreation and entertainment. 5. Promote pedestrian activity within Old Coppell to encourage an atmosphere of a by-gone era. Sec. 12-28A-1. Use regulations. A building or premise shall be used only for the following purposes: 1. Artisan’s Workshop. 2. Barber and beauty shop. 3. Building material sales. (no outside storage) 4. Bus/Transportation stop 5. Business or trade school. 6. Business support services. 7. Church, Synagogue, or other places of worship 8. Communications services (other than telecommunication towers and facilities). 9. Community centers (public or private). 10. Consumer repair services. 11. Drug store or pharmacy. 12. Dry cleaning and laundry. 13. Equipment sales.(no outside storage or display) 14. Film developing and printing. 15. Financial services. 16. Fix-it shops for such items as bicycles and lawn mowers (no outside storage). 17. Florist (no outside storage). 18. Fraternal club or lodge. 19. Furniture stores. 20. Hardware store. 21. Heating and air conditioner shop. 22. Hotel or motel, including Bed and Breakfast. 23. Incidental retail and service uses. 24. Jeweler, retail. 25. Laboratory: Scientific, research, testing, medical, dental, or optical so long as all operations are conducted indoors. 26. Meat market (retail only). 27. Movie theater. (indoor) 28. Municipal buildings. 3 73229 29. Museum. 30. Other general retail sales of similar nature and character provided that the business establishment is subject to the following conditions; conducted wholly within an enclosed building; required yards not be used for display, sale of storage or merchandise or for the storage of vehicles, equipment, containers or waste material; all merchandise be first- hand and be sold at retail on the premises; such use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance . 31. Personal services. 32. Pet services. 33. Photography studio. 34. Postal facilities. 35. Printing shop or company (retail only). 36. Professional and administrative offices where services are provided only and no goods are offered for sale on the premises, including but not limited to doctors, dentists, attorneys, architects, engineers, urban planners, insurance, real estate, banks and similar offices. 37. Public buildings. 38. Television studio. 39. Temporary buildings for use incidental to construction work on the premises, which said building shall be removed.(no living quarters are permitted) 40. Veterinarian or animal hospital (no outside kennels). 41. Parks and Open Space. 42. Uses permitted by Special Use Permit according to Section 12-30-14. Sec. 12-28A-2. Maximum height regulations. The maximum height regulations will be: 35 feet nor more than two and one-half stories high, not including architectural elements such as cupolas, chimneys and steeples. Sec. 12-28A-3. Area regulations. The structure shall conform to the existing setback pattern along the same street. The size and shape of new buildings -shall be consistent with the general massing of the existing “character defining” buildings. 1. Size of yards: (A) Front yard: To be measured from back of curb, generally, 15’-25’ total on public and private property comprising of: (1) 7’ wide area of street trees, landscaping and lighting. (2) Minimum 5’ wide concrete sidewalk with stamped concrete bands. (3) 5’ to 10’ wide area with plants and other amenities (benches, trash receptacles, bike racks, etc…) if appropriate. (4) The front yard may also contain a patio (outside of the sidewalk) if a restaurant or similar use is proposed. A larger front yard is permitted for institutional uses. (B) Side yard: 0’ to 8’ maximum unless: (1) Adjacent to a roadway, then it shall be treated as a front yard (this shall follow the same architectural guidelines as the primary façade). (2) Adjacent to a residential district, then it shall equal the side yard requirements of that residential district. (3) A fire lane or drive is included in the side yard, and then a side yard can extend to the limits of such fire lane or drive. 4 73229 (C) Rear yard: no rear yard is required unless adjacent to a residential zoning district, then a 10’ minimum landscape buffer is required in accordance with Section 12- 33-1. (Rear yards shall provide for parking.) 2. Minimum size of lot: (A) Lot area: None. (B) Lot width: None. (C) Lot depth: None. 3. Maximum Building Size: (A) Building footprint may not exceed 5,000 square feet without a Special Use Permit. Sec. 12-28A-4. Parking regulations. Parking shall be in accordance with the off-street parking regulations of Article 31 of the Zoning Ordinance. Special considerations and requirements specifically for the Historic district are as follows: 1. No parking area shall be allowed within five feet of the rear property line, when abutting a nonresidential district. 2. Parking is not permitted to be located in the front yard. 3. No property shall be converted to exclusive parking usage without being approved through the Special Use Permit process. 4. Asphalt shall be permitted for parking areas within the Historic district. 5. Parking lots shall be screened through plantings of hedges, shrubs, trees, or fences at edges and in medians within the parking area. The screening and landscaping of parking areas shall be in accordance with Articles 33 and 12-34-8b, respectively. 6. Parking lots between buildings shall align edge screening with front façades of adjacent buildings. 7. Parking lots on comer lots shall have edge screening on both the front and side street. 8. On-street, valet and/or shared parking (Section 12-31-8) may be credited to the parking requirements. Sec. 12-28A-5. Standards of construction. 1. All on-site asphalt pavement shall comply with City design criteria and standards for parking lots. (For City Design Criteria and Standards see Appendix C, Section I, paragraph E(1)(j), of Ordinance No. 94643, Subdivision Regulations, as amended.) 2. Driveways: (A) Shall not exceed 24’ maximum width. (B) Shall be located to the side with garages sited in the rear yards unless original garage was located to the side. (C) May be constructed of concrete, patterned concrete, brick or asphalt outside the public right-of-way; patterned concrete within the public right-of-way. (D) Shall have parking pads located in the rear yard and screened with hedges, shrubs, or fences where visible from the street. 3. Building Materials and Paint Colors: (A) Wood or other siding shall consist of or closely resemble painted horizontal clapboard, horizontal shiplap, vertical tongue-in-groove or vertical board and batten siding. Materials other than wood shall consist of masonite, metal or vinyl. Metal and vinyl siding shall have a baked-on, non-glossy enamel surface or other factory finish which requires no additional coat(s) of paint at time of installation. (B) Aluminum or clad chimneys are prohibited. 5 73229 (C) Commercial buildings shall have a minimum of 60% glazed area (window and door openings) for ground floor primary façades. (D) Glass shall be transparent rather than tinted or reflective. (E) Paint colors shall be compatible with the building’s style and design. (F) Generally no more than 3 colors shall be applied per building. (G) Brick, stone or other naturally unpainted materials shall not be painted unless the material has been painted previously. 4. Roof form and pitch: (A) The predominant roof form should be a gable. Gable ends fronting the street are particularly appropriate based on historic precedents. (B) Exceptions to the gable roof form are most appropriate for institutional buildings that warrant distinction. Architectural features such as cupolas and steeples are appropriate for institutional buildings. (C) Roofs can be screened by parapet façades. (D) Dormers shall be traditional in design and compatible with the character and scale of the structure. 5. Orientation to the street: (A) Building façades shall be parallel with the street. (B) All buildings shall have the main entrance fronting the primary adjacent street, and entrances shall be well articulated through design. Corner entrances are acceptable for corner buildings. (C) Commercial buildings shall be built in close proximity to the sidewalk, with the exceptions being restaurants with front outdoor dining. (D) Institutional buildings can be set back from the street to distinguish themselves as special buildings. 6. Location and proportion of entrances, windows, columns, porches, and divisional bays: (A) Buildings having façades longer than those historically found in the district shall utilize distinct vertically oriented bays to break up the massing. (B) Massing shall be broken up through the use of façade plane projections and recesses, pilasters, roofline variations, color and material variations, and canopies. (C) All window and door openings shall be vertically oriented and shall be vertically aligned between floors. 7. Windows: (A) Display window mullion or framing shall be of wood, copper, or bronze metal. (B) Clear, rather than tinted glass shall be used for storefronts. If privacy or shade is required, use interior shades or blinds. (C) Window panes shall be vertically oriented. 8. Doors: (A) Doors located on the primary façade shall be traditional in design (stamped metal doors are not appropriate). (B) Screen doors shall be preserved and maintained if original, and constructed with wood frame if new. (C) Storm doors shall be full-view and baked-on enamel or anodized aluminum in compatible colors. Silver Aluminum storm doors on the primary façade are discouraged. 9. Canopies/Awnings: (A) Shall be individually located within major bays, not continuous. (B) Shall not cover architectural features of the façade. (C) Shall be of colors to compliment the structure. (D) Shall be made to fit opening and shall be of a style appropriate to the building. (E) When adding to a building, use traditional designs, materials, and placement. 6 73229 (F) Canopies shall be at least 8’ above grade. (G) Canopies shall be wooden and parallel with the sidewalk. (H) Awnings shall be angled and made of fabric (canvas) or similar materials (sunbrella). Plastic and metal are prohibited. (I) Awnings shall not be internally lit. 10. Shutters (A) Shall be of louvered wood construction, and shall fit the window opening (so that if closed, they would cover the window opening). 11. Foundations (A) Shall be raised and constructed of brick (Brick veneer is acceptable). 12. Gutters (A) Shall be half-rounded. 13. Electrical and gas meters and other mechanical equipment (A) Shall be located on the rear facades and shall be screened from view. Refer to Article 33 for additional screening regulations. 14. Skylights (A)Shall not be located where visible from the street. 15. Staircases (A) Shall be enclosed and not open to the street. 16. Additions (A) Shall be of a compatible design in keeping with the original structure’s character, roof shape, materials, color, and alignment of window, door, and cornice height, etc. (B) Generally, shall be secondary (subordinate) to the original structure in scale, design, and placement. (C) Shall be attached to the rear façade, not the front façade or visible portions of secondary façades. 17. Accessory Structures: (A) Shall conform to the setback standards of 12-28A-3. (B) Shall be smaller in scale than the primary building. (C) Shall be compatible in design, shape, materials, and roof shape and reflect the general character of the primary building. 18. Fences and Walls: (A) Wooden picket fences may be located in the front yard on private property and constructed to a height of three-and-a-half feet; have pickets no wider than four inches and set no further apart than three inches; and of a design compatible and appropriate with the house. (B) Wood board fences for privacy shall only be located in rear yards; generally no taller than six feet; set back from the front façade (wall plane) of the structure at least half-way back from the front to the back walls, and shall be stained or painted to blend with the structure; and of a design compatible with the structure. (C) Walls of freestanding brick are not permitted in front yards but are acceptable at rear yards and side yards not visible from the street. (D) Fences of railroad ties or timbers, whether freestanding or as a retaining wall, are not permitted. 19. All construction shall be in general conformance with the Old Coppell Design Guidelines, as outlined in Appendix A. Sec. 12-28A-6. Landscape requirements. 1. Landscaped areas shall be provided according to Article 34. Considerations for additional streetscaping/hardscaping in lieu of required nonvehicular and/or perimeter landscaping 7 73229 within Article 34 can be considered at time of the site plan approval process. All of the interior landscaping (12-34-8(B)) requirements shall be met. 2. Trees shall be planted with similar species and patterns to the adjacent property, if applicable. 3. Landscaping shall be used to buffer parking areas from public view. Sec. 12-28A-7. Signage requirements. Article 29 is not applicable to the Historic district. All elements (board, bracket, posts, mounting devises, etc…) of the sign must be approved by the Planning and Zoning Commission and the City Council. 1. Signage shall not obscure the building’s façade or hide the building’s character. Signage shall reflect or compliment the architectural features of the structure. 2. Some examples of compatible signs are: (A) Signs painted directly on window glass. (B) Signs placed in the original sign board area. (C) Individual letter signs incorporated in the primary façade. (D) Temporary and appropriate freestanding signs in yards. (E) Projecting signs or hanging signs as approved through the site plan approval process. 3. Colors and materials: (A) Colors shall compliment those used on the structure. (B) Fluorescent colors and reflective paints or materials are specifically excluded. 4. Signs shall be pedestrian in scale. 5. Signs shall not use motion or flashing lights. 6. Signs shall be lit top-down style with the lighting well aimed with little or no spill over. Sec. 12-28A-8. Lighting requirements. Lighting in the Historic District shall provide an adequate level of safety while illuminating buildings, signage, parking areas and walkways. 1. Fixtures to be added should be from the period of the structure, or if new, simple in design, based on traditional designs of the early twentieth century, and mounted on porch ceilings or on the exterior wall adjacent to the primary entrance. 2. Security lighting, such as floodlights, shall only be mounted on secondary and rear façades. 3. Parking lot lighting shall be appropriate to the district and shall not exceed 20 feet in height. 4. Small walkway lights rather than freestanding post-mounted lights are more appropriate for private sidewalks and driveways. 5. Signs shall be top lit down with the lighting well aimed having little or no spillover. 6. Streetlights shall be compatible with those previously approved within this district. Sec. 12-28A-9. Refuse container (dumpster) requirements. 1. For institutional and commercial structures, refuse containers (dumpsters) shall be located in the rear and screened from street view with screening/fencing and/or shrubbery. 2. For residential areas in the Historic District, it is not permitted for a single-family home to have a permanent refuse container. If (as in the case of a multi-family residential building), a refuse container is necessary, it shall be to the rear of the structure, or movable to the location of garbage pickup, and screened from street view with screening/fencing and/or shrubbery. 3. If proposing a trash receptacle, then it shall be designed as outlined in Appendix A, Subsection R – Streetscape Furnishings. Sec. 12-28A-10. Demolition. 1. Planning and Zoning Commission and City Council approval is required. 8 73229 Sec. 12-28A-11. Moving Buildings. 1. Planning and Zoning Commission and City Council approval is required for moving any building in or out of the district. SECTION 2. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be, and the same is, hereby amended by amending Section 12-30, (Uses permitted only by Special Use Permit) to add Section 12-30-13A to read as follows: Sec. 12-30-13A. “H” Historic 1. Auto Parking Lot. 2. Auto parts sales (new). 3. Broadcasting facilities, radio or television {for towers see Sec. 12-32A – Telecom. Ordinance}. 4. Carpentry, painting or, plumbing shops. 5. Cemetery. 6. College, university, or parochial school, private school and related facilities. 7. Day nursery or day care centers (children or adult). 8. Drive-in theater (outdoor ) 9. Electric substation, transmission line or other public utilities. 10. Grocery and convenience stores. 11. Hospital. 12. Limited warehousing and distribution shall be limited to a maximum of 20 percent of the floor area of the building. 13. Mortuary or funeral services. 14. Multi-story garage (commercial). 15. Nursing home, convalescent home, home for the aged, assisted living, etc. 16. Office warehouse – with less than 20% of the floor area being devoted to warehousing. 17. Radio broadcasting towers. 18. Radio, television or microwave receiving dish (subject to screening regulations; see section 12-33-1). 19. Sports, Recreation and Entertainment – indoor or outdoor 20. Office, Retail, or Commercial with Residential on second floor. 21. Residential development in general conformance with Old Coppell Concept Plan. 22. Building footprint exceeding 5,000 square feet. SECTION 3. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be, and the same is, hereby amended by adding the Old Coppell Design Guidelines, as approved by the City Council on March 8, 2005, as an Appendix, SECTION 4. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be, and the same is, hereby amended by amending the Section 12-3-1, to replace HO, Historic Overlay, with H, Historic District, 9 73229 SECTION 5. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be, and the same is, hereby amended by amending the Section 12-3-2, to replace Historic Overlay Definition and Purpose to read as follows: H-Historic District. This district is intended to: 1. Provide special development standards compatible with the unique character of Old Coppell, as defined herein. 2. Preserve and enhance the area's special historic, architectural and aesthetic features. 3. Ensure that new construction and alterations to existing structures are compatible with the unique character of the area. 4. Provide an area for living, shopping, dining, working, recreation and entertainment. 5. Promote pedestrian activity within Old Coppell to encourage an atmosphere of a by-gone era. SECTION 6. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be, and the same is, hereby amended by deleting Section 12-30-18 in its entirety, SECTION 7. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be, and the same is, hereby amended by revising Section 12-30-14.2 Business Use within a Residential Structure to add “Within the H District, a business use within a residential structure shall not require a Special Use Permit as specified herein.”, SECTION 8. That the property shall be used only in the manner and the purpose provided in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and is amended herein. 10 73229 SECTION 9. 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 10.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 11.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 ___________________, 2005. APPROVED: ______________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _______________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb [Reviewed & Revised] 5/3/05) Prepared by the Planning Department Old Coppell Design Guidelines Revised: 2/11/05 Design Guidelines TABLE OF CONTENTS City of Coppell Historic District1 INTRODUCTION:....................................................................................................................................... 3 MAP OF DISTRICT:................................................................................................................................... 3 PERMITTED USES:.................................................................................................................................... 4 A. TARGETED & PERMITTED USES......................................................................................................... 4 B. EVENTS ENCOURAGED ...................................................................................................................... 4 NEW CONSTRUCTION:............................................................................................................................ 5 A. NEW CONSTRUCTION ........................................................................................................................ 5 B. ADDITIONS........................................................................................................................................ 8 ACCESSORY STRUCTURES:................................................................................................................... 9 A. EXISTING STRUCTURES ..................................................................................................................... 9 B. NEW CONSTRUCTION OF SECONDARY STRUCTURES .......................................................................... 9 DEMOLITION:........................................................................................................................................... 9 MOVING BUILDINGS:............................................................................................................................ 10 A.MOVING A BUILDING INTO THE HISTORIC DISTRICT ......................................................................... 10 B. NEW FOUNDATION WALLS .............................................................................................................. 10 C. MOVING A BUILDING OUT OF THE DISTRICT. ................................................................................... 10 NON-HISTORIC BUILDINGS:............................................................................................................... 10 ON-SITE (REQUIREMENTS FOR NEW CONSTRUCTION, ADDITIONS AND RENOVATIONS):...................................................................................................................................... 10 A. CURB CUTS ..................................................................................................................................... 10 B. DRIVEWAYS .................................................................................................................................... 10 C. FENCES AND WALLS ....................................................................................................................... 11 D. FIRE SAFETY……………………………………………………………………………………….12 E. HANDICAP ACCESS ......................................................................................................................... 11 F. LANDSCAPING ................................................................................................................................. 11 G. LIGHTING ........................................................................................................................................ 12 H. MECHANICAL SYSTEMS .................................................................................................................. 13 I. PARKING & PARKING LOTS:........................................................................................................... 14 J. PARKS / PLAYGROUNDS .................................................................................................................. 14 K. PAVING ........................................................................................................................................... 15 L. REFUSE CONTAINERS ...................................................................................................................... 15 M. SIDEWALKS ..................................................................................................................................... 15 N. SIGNS .............................................................................................................................................. 15 O. STEPS & WALKS ............................................................................................................................. 16 P. STREET WIDTHS/RIGHTS-OF-WAY ................................................................................................. 17 Q. STREETSCAPE FURNISHINGS ........................................................................................................... 16 APPENDIX A – ARCHITECTURAL DESIGN DETAILS:................................................................A-1 A. ARCHITECTURAL DETAILS AND FEATURES ...................................................................................A-1 B. AWNINGS ......................................................................................................................................A-1 C. CHIMNEYS ....................................................................................................................................A-2 D. DECKS...........................................................................................................................................A-3 E. DOORS ..........................................................................................................................................A-3 F. FENCES AND WALLS .....................................................................................................................A-3 G. FOUNDATIONS...............................................................................................................................A-3 H. GUTTERS .......................................................................................................................................A-4 Design Guidelines TABLE OF CONTENTS City of Coppell Historic District2 I. LIGHT FIXTURES ON COMMERCIAL BUILDINGS ............................................................................A-4 J. PORCHES .......................................................................................................................................A-3 K. ROOFS ...........................................................................................................................................A-4 L. SCREENS .......................................................................................................................................A-5 M. SECURITY DOORS & WINDOWS ....................................................................................................A-5 N. SHUTTERS .....................................................................................................................................A-5 O. SKYLIGHTS ...................................................................................................................................A-5 P. STAIRCASES ..................................................................................................................................A-6 Q. STOREFRONTS ON COMMERCIAL BUILDINGS ................................................................................A-6 R. WINDOWS .....................................................................................................................................A-6 APPENDIX B – REPAIR AND MAINTENANCE:...............................................................................B-1 A. AWNINGS .......................................................................................................................................B-1 B. BRICK AND MASONRY ...................................................................................................................B-1 C. CHIMNEYS .....................................................................................................................................B-2 D. ENTRANCES ...................................................................................................................................B-2 E. FOUNDATIONS................................................................................................................................B-2 F. GUTTERS AND DOWNSPOUTS .........................................................................................................B-2 G. PORCHES & EXTERIOR ORNAMENTATION......................................................................................B-2 H. ROOF, CORNICES ...........................................................................................................................B-3 I. SIDING ...........................................................................................................................................B-3 J. SIGNS .............................................................................................................................................B-4 K. WINDOWS ......................................................................................................................................B-5 L. WOOD ............................................................................................................................................B-5 APPENDIX C – PROCEDURAL DEFINITIONS................................................................................C-1 APPENDIX D – TECHNICAL DEFINITIONS....................................................................................D-1 APPENDIX E – GLOSSARY OF ARCHITECTURAL TERMS……………………………………..E-1 APPENDIX F – BIBLIOGRAPHY..........................................................................................................F-1 Design Guidelines INTRODUCTION City of Coppell Historic District3 Introduction: A. These guidelines are intended to be helpful in development and redevelopment of the Historic District. These do not provide exact formulas for design. The desired results of the Historic District are as follows: 1. Provide special development standards compatible with the unique character of Old Town Coppell, as defined herein. 2. Preserve and enhance the area's special historic, architectural and aesthetic features. 3. Ensure that new construction and alterations to existing structures are compatible with the unique character of the area. 4. Provide an area for living shopping, dining, working, recreation and entertainment. 5. Promote pedestrian activity within Old Coppell to encourage an atmosphere of a by-gone era. Map of District: Design Guidelines PERMITTED USES City of Coppell Historic District4 Targeted & Permitted Uses: A. As stated in the Old Coppell Master Plan, The proposed mechanism for regulating land uses within the study area is mixed use zoning that will accommodate a rich variety of uses. While this proposed land use plan should remain flexible to adapt to changing market conditions, as the proposed zoning will achieve, the following land uses are currently considered optimal. A complete list of Permitted Uses is contained in Sec. 12-28A-1 of the Zoning Ordinance. 1. Artisan’s Workshop 2. Bakery 3. Family Restaurant 4. Fine Dining Restaurant 5. Bookstore 6. Gift Shop 7. Coffee House 8. Antiques 9. Theme Restaurant 10. Hobby/Craft Store 11. Florist 12. Bed-n-Breakfast 13. Hotel 14. Theater 15. Shoe Repair 16. Jewelry Shops 17. Retail on First Floor 18. Office and Residential on Second Floor and/or Rear 19. Institutional 20. Parks and Open Space 21. Residential B. Events encouraged are: 1. Festivals/Parties 2. Concerts 3. Farmers Market Activities 4. Arts and Craft Shows 5. Children’s Events (Puppet Shows, Easter Egg Hunts, etc…) 6. Book Signings… Design Guidelines Accessory Structures & Demolition City of Coppell Historic District5 New Construction (Planning and Zoning Commission and City Council approval required): A. New construction of primary buildings shall maintain, not disrupt, the existing pattern of surrounding historic buildings along the street by being similar in the following: 1. Scale (height and width) – Maximum height is to be 35’ or two and one-half stories, not including architectural elements such as cupolas, chimneys and steeples. 2. Shape – The massing of new buildings should be consistent with the general massing of the existing “character defining” buildings, and shall generally not exceed 5,000 square feet in size. 3. Roof form and pitch a. The predominant roof form should be a gable. Gable ends fronting the street are particularly appropriate based on historic precedents. b. Exceptions to the gable roof form are most appropriate for institutional buildings that warrant distinction. Architectural features such as cupolas and steeples are appropriate for institutional buildings. c. Roofs can be screened by parapet façades d. Dormers shall be traditional in design and compatible with the character and scale of the structure. 4. Orientation to the street a. Building façades should be parallel with the street. b. All buildings should have the main entrance fronting the primary adjacent street, and entrances should be well articulated through design. Corner entrances are acceptable for corner buildings. c. Commercial buildings should be built in close proximity to the sidewalk, with the exceptions being restaurants with front outdoor dining. d. Institutional buildings can be set back from the street to distinguish themselves as special buildings. e. Townhouses should front directly onto the sidewalk, although a shallow lawn can be bridged with a front stoop. 5. Location and proportion of entrances, windows, columns, porches, and divisional bays: Design Guidelines Accessory Structures & Demolition City of Coppell Historic District6 a. Buildings having façades longer than those historically found in the district should utilize distinct vertically oriented bays to break up the massing. b. Massing should be broken up through the use of façade plane projections and recesses, pilasters, roofline variations, color and material variations, and canopies. c. All window and door openings should be vertically oriented and should be vertically aligned between floors. 6. Windows: a. Display window mullion or framing shall be of wood, copper, or bronze metal. b. Clear, rather than tinted glass shall be used for storefronts. If privacy or shade is required, use interior shades or blinds. c. Windowpanes shall be vertically oriented.. 7. Foundation/first floor height – Foundations should be raised and constructed of brick (Brick veneer is acceptable). 8. Porch height and depth – Porches should encourage street activity. 9. Canopies/Awnings – When adding canopies or awnings to a building, use traditional designs, materials, and placement. a. Shall be individually located within major bays, not continuous. b. Shall not cover architectural features of the façade. c. Shall be of colors to compliment the structure. d. Shall be made to fit opening and shall be of a style appropriate to the building. e. When adding to a building, use traditional designs, materials, and placement. f. Canopies shall be at least 8’ above grade. g. Canopies shall be wooden and parallel with the sidewalk. h. Awnings shall be angled and made of fabric (canvas) or similar materials (sunbrella). Plastic and metal are prohibited. i. Awnings shall not be internally lit. 10. Material, Material Color and Texture a. Commercial buildings should have a minimum of 60% glazed area (window and door openings) for ground floor primary façades. b. Glass should be transparent rather than tinted or reflective. c. Exterior façade material should be wood siding or other siding consisting of or closely resembling painted horizontal clapboard, horizontal shiplap, vertical tongue-in-groove or vertical board and batten siding. Materials used for siding other than wood shall consist of masonry, metal or vinyl. Metal and vinyl siding shall have a baked-on, non-glossy enamel surface or other factory finish, which requires no additional coat(s) of paint at time of installation. d. Aluminum if clad chimneys are prohibited. e. Paint Colors 1. Paint colors should highlight architectural details based on historic tradition for the building's type and style. Design Guidelines Accessory Structures & Demolition City of Coppell Historic District7 2. Keep colors compatible with the building's style and design. 3. Loud, garish, or harsh colors, and bright hues are prohibited. 4. . Generally no more than 3 colors are applied per building 5. Brick, stone or other naturally unpainted materials shall not be painted unless the material has been painted previously. 6. Color determination should be based on historic schemes appropriate for the style of the building. Reference materials and assistance is available from the Planning Department and the Texas Historical Commission in determining appropriate paint colors. 7. Oil based paints are recommended for exterior siding. 11. Placement on the Lot (Setbacks) a. The structure shall conform to the existing setback pattern along the same street. Too close to roadway Too far from roadway Too close to existing structure b. Front Yard 1. To be measured from back of curb. 2. Generally, 15’-25’ total comprising of: a. 7’ wide area of street trees, landscaping and lighting. b. Minimum 5’ concrete sidewalk with stamped concrete bands. c. 5’ to 10’ wide area with plants area other amenities (benches, trash receptacles, bike racks, etc…) if appropriate. 3. The front yard may also contain a patio if a restaurant or similar use is proposed. A larger front yard is permitted for institutional uses. Front yard with 10’ planting area adjacent to façade Front yard without planting area adjacent to façade Design Guidelines Accessory Structures & Demolition City of Coppell Historic District8 c. Side Yard – 0’ to 8’ unless: 1. Adjacent to a roadway, then it shall be treated as a front yard (this shall follow the same architectural guidelines as the primary façade). 2. Adjacent to a residential district, then it shall equal the side yard requirements of that residential district. 3. A fire lane or drive is included in the side yard, then a side yard can extend to the limits of such fire lane or drive. d. Rear Yard – no rear yard is required unless adjacent to a residential zoning district, then a 10’ minimum landscape buffer is required in accordance with Section 12-33-1 of the Zoning Ordinance. Rear yards shall provide for parking. B. Additions 1. Additions shall be of a compatible design in keeping with the original structure’s character, roof shape, materials, color, and alignment of window, door, and cornice height, etc. 2. Generally, additions should be secondary (subordinate) to the original structure in scale, design, and placement. 3. Additions should be attached to the rear façade, not on front façade or visible portions of secondary façades. 4. Additions should not attempt to imitate an earlier historic style or architectural period than that of the existing structure. 5. Additions should be constructed in a manner that avoids extensive removal or loss of historic materials, and which does not damage or destroy character-defining features. 6. It is recommended that the exterior walls of the original structure be kept intact and existing openings utilized for connecting an addition with the original structure. 7. Additions should not be created through enclosure of a front porch or architecturally important prominent side porch. 8. Excavation adjacent to historic foundations should take care to avoid undermining the structural stability of the historic building. Kitchen addition on left side of building (Good example of an addition being subordinate to main structure) Design Guidelines Accessory Structures & Demolition City of Coppell Historic District9 Accessory Structures (Administrative approval available): Includes garages, storage buildings and outbuildings. A. Existing structures: 1. Should be maintained in good condition. 2. If visible from street should maintain original style and scale. B. New construction of secondary structures such as garages, storage buildings and other outbuildings: 1. Should be smaller in scale than the primary building. 2. Should be compatible in design, shape, materials, and roof shape and reflect the general character of the primary building (wood allowed). 3. Should be located where such a structure would have historically been located (near the alley, not close to or attached to the primary building). 4. Shall conform to the setback standards of Section 12-28A-3 of the Zoning Ordinance. Demolition (Planning and Zoning Commission and City Council approval required): A. Demolition of any original feature or part of a historic building should be avoided. B. Demolition of a building which contributes to the historic or architectural integrity of the Historic District should not occur, unless: 1. Public safety and welfare requires the removal of a building or structure due to severe structural instability, deterioration or other factors as determined by the building code inspector and concurring reports acceptable to the Planning and Zoning Commission from an engineer, architect, or other person expert in historic preservation. 2. The building has lost its original architectural integrity and no longer contributes to the district. 3. No other reasonable alternative is feasible, including relocation. C. Demolition of pre-1945 secondary (accessory) buildings (garages, storage sheds, etc.) may be appropriate if substantially deteriorated (requiring well over 50% replacement of exterior siding, roof rafters, surface material, and structural members). Design Guidelines ON-SITE REQUIREMENTS FOR NEW CONSTRUCTION City of Coppell Historic District10 Moving Buildings (Planning and Zoning Commission and City Council approval required): A. It may be appropriate to move a building into the historic district if that building is compatible with the district architectural character through style, use, period, height, scale, materials, setting, and placement on the lot. B. New foundation walls should be compatible with the architectural style of the building. C. Moving existing buildings out of the district that contribute to the historic and architectural character should be avoided unless demolition is the only alternative. Non-Historic Buildings: Although a building may not be historic at this time, some day it will be (it is generally accepted that a building is considered "historic" when it reaches fifty years of age). Each building period has its own details and characteristics, which contribute towards its uniqueness. Non-historic buildings should be maintained as close to their original design as possible. On-Site (Requirements for New Construction, Additions and Renovations): A. Curb Cuts 1. Curb cuts should generally be avoided unless necessary to access new parking for commercial and institutional structures. 2. Curb cuts should be constructed to match the curb cuts of the district in size, color, materials, and configuration. 3. Curb cuts should conform to the City of Coppell standards for allowable locations. B. Driveways 1. Generally, no more than one driveway should exist per building. 2. Maximum driveway widths should not exceed 24’. 3. Shared driveways are encouraged. 4. The original design, materials and placement of driveways should be preserved. 5. Driveways shall be located to the side with garages sited in the rear yards unless original garage was located to the side. 6. Concrete, patterned concrete, brick or asphalt are permitted for driveways outside of the public right-of-way, patterned concrete within the public right-of-way. 7. Driveways should have their parking pads located in the rear yard nearer the alley than the structure and screened with hedges, shrubs, or fences where visible from the street. 8. Front yards should not be paved, covered with gravel, or used as a parking area. Design Guidelines ON-SITE REQUIREMENTS FOR NEW CONSTRUCTION City of Coppell Historic District11 C. Fences and Walls 1. Wooden picket fences in the front yard may be constructed to a height of three-and-a-half feet; have pickets no wider than four inches and set no further apart than three inches; and of a design compatible and appropriate design with the house. 2. Wood board fences for privacy shall only be located in rear yards; generally no taller than six feet; set back from the front façade (wall plane) of the structure at least half-way back from the front to the back walls, and should be stained or painted to blend with the structure; and of a design compatible with the structure. 3. Walls of freestanding brick are not permitted in front yards but are acceptable at rear yards and side yards not visible from the street. 4. Fences of railroad ties or timbers, whether freestanding or as a retaining wall, are not permitted. Within nonresidential zones of the historic district, alternative fencing and fence materials, aside from vinyl, may be acceptable providing these types of fences are not easily visible from the street. This shall be determined on a case by case basis. D. Fire Safety 1. Fire Lanes a. Required if any portion of a building is in excess of 150’ from dedicated fire lane or street. 2. Coverage Requirements a. Fire hydrants required to be spaced every 300 linear feet along the right-of-way (street and/or fire lane). b. Automatic fire sprinkler system is required if building size exceeds 5,000 square feet. Additions of wooden (combustible) canopies are included within the building size. c. Fire Department connection shall be located at a minimum distance of 1.5 x height of building, unless otherwise deemed acceptable by the Fire Marshal. 3. Fire escapes are not permitted unless required by the Fire Marshal, and no other means of fire escape is reasonably feasible. Fire escapes are required to be located where not readily visible from the street. E. Handicap Access 1. Ramps should be located on secondary or rear façades. 2. Ramps are encouraged to be of stained or painted wood construction. 3. Ramps should be screened with landscaping or low shrubbery to soften their appearance. 4. Shall comply with the Texas Accessibility Standards. F. Landscaping 1. Landscaped areas shall be provided according to Article 34 of the Zoning Ordinance. Considerations for additional streetscaping/hardscaping in lieu of required nonvehicular and/or perimeter landscaping within Article 34 can be considered at time of Design Guidelines ON-SITE REQUIREMENTS FOR NEW CONSTRUCTION City of Coppell Historic District12 the site plan approval process. All of the interior landscaping (12-34- 8(B)) requirements shall be met. 2. Landscaping should not overwhelm a dwelling or conceal or obscure its primary façade. It is important to maintain large trees which line streets of the Historic District through regular pruning. Missing trees should be replaced when possible in similar patterns to the original. Trees should be planted in similar patterns to the adjacent property if applicable. 3. Landscaping must conform to the requirements of the City of Coppell governing tree preservation, tree removal, and site clearing. 4. Landscaping should be considered an important part of any site rehabilitation or new construction. In such cases, continuing the planting strip of trees at the street edge, use of landscaping to buffer parking, and landscaping to accent the scale, proportion, and massing of a building is encouraged. 5. Features that are original such as sidewalks, planned green space, retaining walls, curbs, stepping blocks, etc. should be preserved. 6. Plant beds of railroad ties, cut wood, concrete, or any other structural material should be avoided unless appropriate to the architectural style of the house. 7. Trees shall be planted with similar species and patters to the adjacent property, if applicable. 8. Landscaping shall be used to buffer parking areas from public view. Note: Maintain, do not remove, historic or early landscaping, especially trees. Prune and regularly maintain mature shade trees. Keep new landscaping patterns to those traditional to the neighborhood and avoid concealing architectural features of the historic building. G. Lighting shall provide adequate level of safety while illuminating buildings, signage, parking areas and walkways. 1. Lighting fixtures original to the building should be preserved. 2. Fixtures to be added should be from the period of the structure, or if new, simple in design, based on traditional designs of the early twentieth century, and mounted on porch ceilings or on the exterior wall adjacent to the primary entrance. 3. Security lighting, such as floodlights, should be mounted on secondary and rear façades. 4. Small walkway lights rather than freestanding post-mounted lights are more appropriate for private sidewalks and driveways. 5. Fixtures to be avoided are carriage lamps or any fixtures evocative of a period earlier than the building. Refer to historical photographs and research for light fixtures appropriate to the period of the building. 6. Street lighting in a residential district should provide effective security for the neighborhood without compromising the trees lining the streets. 7. Parking lot lighting shall be appropriate to the district and shall not exceed 20 feet in height. Design Guidelines ON-SITE REQUIREMENTS FOR NEW CONSTRUCTION City of Coppell Historic District13 8. Signs shall be lit top-down style with the lighting well aimed having very little or no spill over. 9. Street Lights shall be representative of the Victorian lighting styles often found in historic downtowns. The street light shown below has been approved within the Old Coppell historic district and is appropriate for the area. Typical Street Light H. Mechanical Systems 1. Mechanical equipment shall be constructed, located and screened so as not to interfere with the peace, comfort and repose of the occupant(s) of any adjacent building or residence. 2. Window air-conditioners should be located in windows on the rear or side façades and should not result in the removal or replacement of the original window sash or surround. 3. Electrical and gas meters and other mechanical equipment shall be located on the rear façade and screened from view. 4. Refer to Article 33 of the Zoning Ordinance for additional screening regulations. Inappropriate location of meters on the primary façade (Taken from the Secretary of the Interior’s Standards for rehabilitation) Design Guidelines ON-SITE REQUIREMENTS FOR NEW CONSTRUCTION City of Coppell Historic District14 I. Parking & Parking Lots: Parking shall be in accordance with the off-street parking regulations of Article 31 of the Zoning Ordinance. Special considerations and requirements specifically for the Historic District are as follows: 1. No parking area shall be allowed within five feet of the rear property line, when abutting a nonresidential district. 2. Parking is not permitted to be located in the front yard. 3. No property shall be converted to exclusive parking usage without being approved through the Special Use Permit Process. 4. Asphalt shall be permitted for parking areas within the Historic District. 5. Parking lots shall be screened through plantings of hedges, shrubs, trees, or fences at edges and in medians within the parking area. The screening and landscaping of parking areas shall be in accordance with Articles 33 and 12-34-8b, respectively. 6. Parking lots between buildings shall align edge screening with front façades of adjacent buildings. 7. Parking lots on comer lots shall have edge screening on both the front and side street. 8. On street, valet and/or shared parking (Section 12-31-8) may be counted towards the parking requirements. Inappropriate alteration of a site for parking (Taken from the Secretary of the Interior’s Standards for Rehabilitation) J. Parks / Playgrounds 1. In an existing park (Grapevine Springs Park), original pre-1945 elements, site features (such as benches, walls, etc.) and park layout should be preserved, if possible. 2. New park space should conform to its location. If in a residential area, a low-impact park with playground equipment and benches is appropriate. Landscaping should conform to the surrounding area with as many original shade trees as possible. Design Guidelines ON-SITE REQUIREMENTS FOR NEW CONSTRUCTION City of Coppell Historic District15 The Parks & Recreation Department shall review proposed playground equipment. K. Paving 1. All on-site pavement shall comply with city design criteria and standards for parking lots. (For City Design Criteria and Standards see Appendix C, Section I, paragraph E (1)(j), of Ordinance No. 94643, Subdivision Regulations, as amended.) L. Refuse Containers 1. For institutional and commercial structures, refuse containers (dumpsters) should be located in the rear and screened from street view with screening/fencing and/or shrubbery. 2. For residential areas in the historic district, it is not permitted for a single family home to have a permanent refuse container. If (as in the case of a multi-family residential building), a refuse container is necessary, it should be to the rear of the structure, or movable to the location of garbage pickup. 3. In no case should bagged, boxed or any other garbage other than in permanent garbage collectors be placed on the street before regular pickup days longer than 24 hours. Refer to Article 3-5 of the Coppell Code of Ordinances. 4. If proposing a trash receptacle, then it shall be designed as outlined in Subsection R – Streetscape Furnishings. M. Sidewalks 1. Refer to Section VIII of Appendix C of the City of Coppell Subdivision Regulations for sidewalk requirements. A wider sidewalk may be needed if abutting on-street parking or an existing wider sidewalk system. 2. Concrete texturing is encouraged within the Historic District. N. Signs Article 29 is not applicable to the Historic District. All elements (board, bracket, posts, mounting devises, etc…) of the sign must be approved by the Planning and Zoning Commission and the City Council. 1. Signage should not obscure the building’s façade or hide the building’s character. Signage should reflect or compliment the architectural features of the structure. 2. The placement of new signage in the same location as early 20th century signage on a particular structure is encouraged. This may be determined from historic photographs. 3. Some examples of compatible signs are: a. Signs painted directly on window glass. b. Signs placed in the original sign board area. c. Individual letter signs incorporated in the primary façade. d. Temporary and appropriate freestanding signs in yards. e. Projecting signs or hanging signs as approved through the site plan approval process Design Guidelines ON-SITE REQUIREMENTS FOR NEW CONSTRUCTION City of Coppell Historic District16 Appropriate Inappropriate 4. Signage, which was successfully integrated into the building’s design, can be considered a historic addition and may be retained as a historic element. 5. Colors and materials. a. Colors should compliment those used on the structure. b. Fluorescent colors and reflective paints or materials are specifically excluded. c. Gold and metal leaf is appropriate for lettering and design elements but not as a background or major surface. 6. Signs should be pedestrian in scale. 7. Signs may not use motion or flashing lights. 8. The shape of signs, design elements and style of lettering should be complimentary to the structure. 9. Signs shall be lit top-down style with the lighting well aimed with little or no spill over. O. Steps & Walks Steps and walks original to a property should be retained and maintained. P. Street Widths/Right-of-Way Street widths and right-of-way shall be in accordance with the Subdivision Ordinance unless alternative widths are deemed appropriate by the City Engineer. Q. Streetscape Furnishings 1. Shall be located in accordance with the Old Coppell Master Plan. 2. Benches – Shall be constructed of wood and simple in design and compatible with the architecture. Design Guidelines ON-SITE REQUIREMENTS FOR NEW CONSTRUCTION City of Coppell Historic District17 Typical Wooden Bench 3. Trash Receptacles – The receptacle should be a dark color (black or dark green). It is recommended that the same color be used for the trash receptacles and the street lights in order to achieve some level of uniformity. Typical Trash Receptacle 4. Street Lights- Shall be representative of the Victorian lighting styles often found in historic downtowns. The street light shown below has been approved within the Old Coppell Historic District and is appropriate for the area. Typical Street Light Design Guidelines APPENDICIES City of Coppell Historic District Appendices: A – Architectural Design Details B – Repair and Maintenance C – Procedural Definitions D – Technical Definitions E – Glossary of Architectural Terms Design Guidelines ARCHITECTURAL DESIGN DETAILS City of Coppell Historic DistrictA-1 Appendix A – Architectural Design Details: A. Architectural Details and Features (Eaves, brackets, dentils, cornices, molding, trimwork, shingles, columns, pilasters, balustrades, or any decorative or character-defining features) 1. In new construction, all details and features shall be traditional in design. 2. It is preferable to repair rather than replace an original architectural detail or feature. 3. Substituting original materials in making repairs or in replacing missing features should be avoided. 4. Saving deteriorated parts that must be replaced may later assist in matching reconstructed features. Items such as wood siding, soffits, fascias, brackets, ornamental shingles, wooden sash windows and doors can often be restored or duplicated. 5. It is not appropriate to add details unless original and authentic to the structure and accurately based on physical, pictorial, or historical evidence (not conjecture) in materials, scale, location, proportions, form and detailing. 6. Original details should not be removed or changed. B. Awnings/Canopies 1. Canopies shall be at least 8’ above grade. 2. Canopies shall be wooden and parallel with the sidewalk. 3. Shall be individually located within major bays, not continuous. 4. Shall not cover architectural features. 5. Shall be of colors to compliment the structure. 6. When adding to a building, use traditional designs, materials and placement. 7. Shall be made to fit opening and shall be of a style appropriate to the building. Design Guidelines ARCHITECTURAL DESIGN DETAILS City of Coppell Historic DistrictA-2 8. Fabric awnings (canvas or sunbrella type) are most appropriate in the Historic District. Note: Awnings have traditionally been used more for function (shade) than for decoration. In terms of decoration, awnings have fallen in and out of favor over the years. If too many awnings are used on a structure or if awnings are used on too many dwellings in an area, the result can be visual clutter. For commercial buildings, historic storefronts often have awnings and a row of commercial buildings with storefront awnings is appropriate. Awning used to reduce heat gain (Taken from the Secretary of the Interior’s Standards for Rehabilitation) C. Chimneys 1. In new construction, chimneys shall be traditional in design. 2. Chimneys that are prominent features of the structure should not be removed or changed, if original. Non-functional chimneys should be maintained and not removed above the roofline. It may be appropriate to remove nonfunctional secondary chimneys. 3. Chimneys should be repointed and cleaned according to brick and masonry guidelines (outlined in Appendix B) to match original materials, colors, shape, brick pattern and tooling. 4. If reconstruction of a chimney is necessary due to structural instability or deterioration, it should be rebuilt in the original configuration. 5. Aluminum or clad chimneys are prohibited. Design Guidelines ARCHITECTURAL DESIGN DETAILS City of Coppell Historic DistrictA-3 D. Decks 1. Decks should be located on the rear and be screened from street view with fencing and/or plants and shrubs where visible. 2. Decks should be stained or painted to match or blend with the house if visible from street view. 3. The style of the deck and its balusters and railing should match the style of the house. 4. Decks should be kept to a minimum and subordinate to house and yard in size and scale. Inappropriate decks shall be made compatible with the building or must be removed prior to the approval of any new decks. E. Doors 1. Doors located on the primary façade should be traditional in design (stamped metal doors are not appropriate). 2. Original doors and/or their entranceway surrounds, sidelights, transoms, and detailing shall not be removed or changed. 3. Replacement of missing original doors should be like or very similar to the original in style, materials, glazing (glass area) and lights (pane configuration) 4. Extra doors should not be added to the primary façade or to secondary façades where readily visible from the street. 5. Doors, if added where inconspicuous on secondary or rear façades, should be similar to the original doors, not of a style or period earlier than the original building. 6. Screen doors should be preserved and maintained if original, and constructed with wood frame if new. 7. Storm doors should be full-view and baked-on enamel or anodized aluminum in compatible colors. Silver aluminum storm doors on the primary façade are discouraged. 8. Security doors should be simple, without excessively ornate or decorative grillwork. F. Fences and Walls 1. Iron, wood, stone, or brick fences or walls that are original to the structure should be preserved, or if missing, may be reconstructed based on physical or pictorial evidence. 2. For new construction, refer to On Site Requirements for New Construction – Subsection C. G. Foundations 1. Foundations should be preserved in the original design and with original materials and detailing. 2. Foundation alterations, if required, shall not be made at the primary façade or readily visible side façades. 3. Foundations should be raised and constructed of brick (no concrete, plywood, corrugated metal, or shingles). Design Guidelines ARCHITECTURAL DESIGN DETAILS City of Coppell Historic DistrictA-4 4. Foundations should be cleaned, repaired, or repainted according to the brick and masonry guidelines outlined in Appendix B – Repair and Maintenance. H. Gutters 1. New gutters shall be half-rounded and traditional in design. 2. Boxed or built-in type gutters should be repaired rather than replaced if possible. 3. Downspouts should be located away from significant architectural features on the front of the house. 4. Gutters should provide proper drainage through use of downspouts and flashing if needed to avoid water damage to the building. I. Light Fixtures on Commercial Buildings 1. Preserve, maintain, or repair exterior historic light fixtures. If historic light fixtures do not exist or require replacement use concealed light fixtures, fixtures of simple design, or fixtures appropriate to the period of the building. 2. For new construction, refer to On Site Requirements for New Construction – Subsection G. J. Porches 1. Porches on front and side façades should be maintained in their original configuration and with original materials and detailing. 2. The porch in its original design was intended as a focal point for the entrance to the house and should not be removed if original. Enclosure of a porch changes the overall character of a house and should be avoided. 3. Enclosure or removal of a porch can make a building façade seem flat. Without a porch there is no transition from sidewalk to house. If a porch must be enclosed, the manner of the enclosure should not destroy the original openness, focus and transition from outside to inside. The use of materials and details compatible with the original character of the house is important in any necessary porch enclosure. 4. Porch details should be retained intact with repair work and replacement of missing parts, such as columns, posts, railings, balusters, decorative molding and trimwork, to match the original in design, materials, scale, and placement. 5. Porch columns and rails should not be replaced by decorative wrought iron. K. Roofs 1. The original shape and pitch of the roof with original features (such as cresting, chimneys, finials, dormers, etc.) should be preserved and if previously altered, replaced with original form and detailing. 2. The use of fiberglass shingles is appropriate if the use of original material is not economically feasible. Dark colors are best for historic buildings. Design Guidelines ARCHITECTURAL DESIGN DETAILS City of Coppell Historic DistrictA-5 3. Unless original to the house, dormers should not be placed in front rooflines. The addition of dormers to secondary and rear façades is appropriate if in keeping with the character and scale of the house. 4. Skylights, decks, or balconies should not be added to a roof where visible from the street. 5. For new construction, refer to New Construction – Subsection A3. L. Screens 1. Screening of front porches is not appropriate. 2. Side and rear porches may be screened, although discouraged, if the structural framework for the screen panels is minimal and the open appearance of the porch is maintained. 3. Screen doors should be preserved and maintained if original. 4. Screen doors if new, should be wood and full-view or with structural members aligned with those of the original door. 5. Window screens should be wood or baked-on or anodized aluminum and fit within the window frames, not overlap the frames. M. Security Doors & Windows 1. Security doors located on primary façades should be simple and without excessively ornate or decorative grillwork. 2. The use of security bars on primary façade windows is discouraged, but if necessary, consider internal bars. N. Shutters Shutters shall be of louvered wood construction, and shall fit the window opening (so that if closed, they would cover the window opening). Appropriate (Shutters fit window) Inappropriate (Shutters do not fit) O. Skylights Skylights should not located where visible from the street. Design Guidelines ARCHITECTURAL DESIGN DETAILS City of Coppell Historic DistrictA-6 P. Staircases Staircases should be enclosed and not open to the street. Q. Storefronts on Commercial Buildings 1. Commercial buildings shall have a minimum of 60% glazed area (window and door openings) for ground floor primary facades. 2. Storefronts should be traditional in design. For new construction, refer to the section entitled - New Construction. 3. Multi-paned storefronts are encouraged. 4. Preserve (maintain or restore, not remove or alter) existing original storefronts. 5. Storefront features that are deteriorated should be repaired rather than replaced. 6. If replacement of the original storefront is necessary due to significant deterioration, replace with features to match the original in design and materials. 7. Storefronts that were remodeled after the 1940's should be rebuilt based on pictorial or physical evidence of the original design. If the original storefront design and features cannot be determined, install a traditional storefront arrangement with features, materials, and proportions typical of similar buildings of the same style or period. 8. Original storefront doors should be preserved and maintained. Traditional entrance arrangements such as recessed or flush with the sidewalk should be maintained. 9. If the original door design is unknown, replace with a single light (glass area) door design, not solid paneled door, decorative doors, or any kind of door based on a different historical period or style. 10. Preserve, maintain, or repair original display windows. If a storefront is missing display windows, new windows should match the original in location, design, size, and materials. 11. Display window mullion or framing should be of wood, copper, or bronze metal. 12. Clear, rather than tinted glass should be used for storefronts. If privacy or shade is required, use interior shades or blinds. 13. Preserve, maintain, or repair bulkheads (kickplates) where they exist. Original bulkhead panels should not be removed. 14. Paint color on commercial buildings should conform to original color and general streetscape. Unpainted brick should not be painted. R. Windows 1. Display window mullion or framing shall be of wood, copper, or bronze metal. 2. Clear, rather than tinted glass shall be used for storefronts. If privacy or shade is required, use interior shades or blinds. 3. In new construction, windows and window treatments shall be traditional in design. 4. Windowpanes shall be oriented vertically. Design Guidelines ARCHITECTURAL DESIGN DETAILS City of Coppell Historic DistrictA-7 5. All window openings shall be vertically oriented and should be vertically aligned between floors. Vertically oriented windows may be ganged (grouped side-by-side) in a manner that has a collective horizontal orientation. 6. Windows should be preserved in their original location, size, and design and with their original materials and numbers of panes. 7. Window sashes should be preserved, maintained, or repaired including size, number and arrangement of lights, materials, and decorative detailing. Windows should not be concealed, enclosed or covered. 8. Non-original windows should not be added to primary façades or to secondary façades where readily visible. 9. Windows should be repaired rather than replaced, but if replacement is necessary due to severe deterioration, the replacement should, as close as possible, match the original in material and design. Inappropriate Window change (Taken from the Secretary of the Interior’s Standards for Rehabilitation) 10. The use of jalousie windows, awning windows or picture windows on houses within the historic district is inappropriate. Glass block should only be used on buildings where it may have originally existed. 11. Storm windows should be wood or aluminum with baked-on or anodized finish and fit in the window frames, not overlap the frames. 12. Security bars that are visible from the street are discouraged. Design Guidelines REPAIR AND MAINTENANCE City of Coppell Historic DistrictB-1 Appendix B – Repair and Maintenance: A. Awnings 1. Should be washed periodically and kept in good repair. 2. Hardware should be regularly checked for rust or loose mechanisms. 3. Torn or deteriorated awnings should be replaced. B. Brick and Masonry 1. Materials original to the building should be preserved. 2. Brick and masonry should not be sandblasted or subjected to any kind of abrasive cleaning. Do not clean with high-pressure water, which exceeds 450 pounds per square inch. These processes damage brick surfaces and erode mortar joints. Brick damaged by sandblasting (Taken from the Secretary of the Interior’s Standards for Rehabilitation) 3. Brick and Masonry should be cleaned with detergent cleansers or chemical agents. 4. To avoid needlessly introducing moisture or chemicals into the building, brick and masonry should be cleaned only when necessary to remove heavy soiling and to stop deterioration. 5. Paint removal should not be done if the paint is firmly adhered to, and therefore protecting the masonry surface. 6. Water-repellent coatings should not be added unless masonry repairs have failed to stop water penetration problems. 7. As a general rule, brick and masonry should not be painted unless in the case of brick, the brick is extremely mismatched from earlier alterations or cannot withstand weather. (Stone shall not be painted.) 8. Keep exterior brick clean of mildew, efflorescence and dirt. Also keep exterior brick clean of vines, ivy, and other plant material. 9. Repointing of historic mortar should be with a mortar, which matches the original in appearance and composition. The use of Portland cement is generally not appropriate due to the hardness of the mortar versus the softness of the brick. Most mortar prior to 1900 was composed of lime and sand. Mortar with similar content should be applied on buildings of that era. 10. Repointing should be done with original compounds, if it can be determined, or with a historic compound such as one part lime and two Design Guidelines REPAIR AND MAINTENANCE City of Coppell Historic DistrictB-2 parts sand. Original type mortar compounds allow for expansion and contraction while hard mortar or cement prevents the expansion and contraction process. 11. Repointing should match original width, depth, color, raking profile, composition and texture. 12. Most silicone based or waterproof coatings have limited effectiveness and may actually add to moisture problems by not allowing the brick to breathe. The use of these products is discouraged. 13. Brick and masonry should not be stuccoed. 14. Mortar should be removed by hand tools, not electric power saws, for repairs. Electric tools can damage older brick. 15. Features that are missing may be replaced where extensive deterioration requires, if it is accurately duplicated. 16. Repair existing stucco and stucco texture. It is inappropriate to remove stucco from any originally stuccoed surface or to add stucco as a major wall material to any building, which did not originally use stucco as the dominant exterior wall material. C. Chimneys 1. Chimneys should be regularly checked for cracking, leaning, spalling, and infestation by birds and insects. The use of chimney caps over chimneys or flue openings is recommended to keep out moisture. D. Entrances 1. Doors, transoms, and sidelights should be kept clean and the glass should be washed. 2. Original locks and hardware should be kept oiled and in good repair. If original hardware is missing or is deteriorated, the use of reproduction locks and hardware suitable for the building is recommended. 3. Doors with stained wood finish should be kept varnished and paint over the wood finish is not recommended. E. Foundations 1. All water should drain away from a building and should not enter the foundation. 2. Trees, shrubs and other plants should be kept well away from the foundation to prevent damage from moisture and root movement. F. Gutters and Downspouts 1. Keep gutters and downspouts in good repair. Make sure they are properly connected, are clean of leaves and other debris, and channel water away from the building. Seal all cracks in downspouts with silicone caulk or sealants. 2. The use of splash blocks to keep water away from the foundation is recommended. 3. Gutters and downspouts that are deteriorated should be replaced with new gutters and downspouts. Half-round gutters and round downspouts are preferable to corrugated designs. G. Porches & Exterior Ornamentation 1. Use pressure treated wood for exterior repairs and replacement. Design Guidelines REPAIR AND MAINTENANCE City of Coppell Historic DistrictB-3 2. Keep all porch and trim elements painted. H. Roof, Cornices 1. Check the roof regularly for leaks, deterioration of flashing, and worn roof surfaces such as rolled asphalt shingles. An inspection of the upper floor or attic space during or following a rainstorm can also assist in detection of water related problems. 2. Know what metals are used in cornice or roof's flashing and use only similar metals during replacement or repair. Different metals should not touch each other or a galvanic reaction may occur leading to corrosion. 3. Metal roofs and cornices should be kept painted to prevent rust and deterioration. Appropriate paints include those with an iron oxide oil base. Asphalt based paints and aluminum paints should not be use on historic metals as they could accelerate the rusting process. I. Siding 1. Siding original to the building should be repaired and maintained. Replacement is permitted only when necessary due to deterioration. Limited clapboard replacement (Taken from the Secretary of the Interior’s Standards for Rehabilitation) 2. Where exterior siding has to be replaced, the use of pressure treated wood is recommended to prevent deterioration. Replacement siding should match the profile of the existing siding. 3. When original flashing materials are replaced, the new siding should match the original as closely as possible, especially with respect to board size. Original corner boards should be duplicated to their full original width. 4. Repairs for wood siding such as cracks can be made through the use of waterproof glue or plastic wood. Large cracks may be filled with caulk followed by putty or plastic wood. The surface should then be sanded, allowed to dry, and painted. Design Guidelines REPAIR AND MAINTENANCE City of Coppell Historic DistrictB-4 5. Oil based paints are recommended for exterior siding. 6. Prevent water from making contact with exterior wood siding. Keep all gutters and downspouts in good repair to keep water from infiltrating the wood-surface. 7. Siding of artificial or substitute materials such as steel, vinyl or aluminum is discouraged unless the board width, corner boards, cornice and window trim are of the same proportion as the original. If artificial siding is used, retention of original wood window trim, rafter tails, and ornamental wood detailing is encouraged. 8. Application of such uncharacteristic material as steel siding, aluminum siding, vinyl siding, imitation stucco, and metal frame windows obscures the original character of the building and of the neighborhood. This should be avoided. Note: The application of synthetic wall material such as aluminum and vinyl siding has long been discouraged by preservationists due to the fact that the placement of these materials may seal the wall and cause the wood to rot. In many cases, existing rotted wood is not removed and the structural integrity of the house is at risk due to unseen progressive decay. Setting altered by vinyl siding (Taken from the Secretary of the Interior’s Standards for Rehabilitation) J. Signs 1. Abandoned signs and sign hardware should be removed from a building, unless historic. 2. Signs should be kept painted and mounting bolts should be checked periodically to make sure they are secure. 3. Light fixtures, conduits, and wiring for signs should be inspected and replaced when necessary. Design Guidelines REPAIR AND MAINTENANCE City of Coppell Historic DistrictB-5 K. Windows 1. Windows should be kept clean and free of dirt and grime. Wood sash surfaces should be painted regularly. 2. Windows should be kept caulked and sealed to aid in energy conservation. 3. Shutters should be kept painted and in good repair. 4. Old or deteriorated curtains or shades behind house windows should be removed or replaced. L. Wood 1. Wood and wood details original to a building should be repaired rather than replaced. 2. Exposed structural elements such as beams and rafter rails should be retained and maintained. 3. Replacement of wood features and details should match the original in dimension, size and profile. 4. Wood should always be treated and kept in good order (including paint, stain, nailing, etc.). Wood features on porch repaired and preserved during rehabilitation (Taken from the Secretary of the Interior’s Standards for Rehabilitation) Design Guidelines PROCEDURAL DEFINITIONS City of Coppell Historic DistrictC-1 Appendix C – Procedural Definitions Certified Local Government: Any city, county, parish, township, municipality, or other general purpose sub division enacted by the National Preservation Act Amendments of 1980 to further delegate responsibilities and funding to the local level. Due Process: The established procedure by which legal action is carried out. Normally Required: Actions, summarized in the guidelines, whose compliance is enforced by the Planning and Zoning Commission and the City Council. Planning and Zoning Commission: A recommending body to the City Council on planning issues including zoning, platting, site plan review, Zoning Ordinance Amendments, and related planning matters. City Council: The legislative and governing body of the city consisting of a mayor and seven councilmembers. The mayor and councilmembers are the ultimate authority of Old Coppell in granting approval of new construction, renovation, demolition, and moving buildings. Public Notice: The advertisement of an event, such as a Planning and Zoning Commission meeting, that is published in the local newspaper and posted in the city government building in order to notify the general public of the upcoming event. Recommended: Suggested, but not mandatory actions summarized in these guidelines. Design Guidelines TECHNICAL DEFINITIONS City of Coppell Historic DistrictD-1 Appendix D – Technical Definitions Adaptive Use: Rehabilitation of a historic structure for use other than its original use such as a residence converted into offices. Addition: New construction added to an existing building or structure. Alteration: Work which impacts any exterior architectural feature including construction, reconstruction, repair, or removal of any building element. Appropriate: Especially suitable or compatible. Building: A structure used to house human activity such as a dwelling, office, or garage. Character: The qualities and attributes of any structure, site, street or district. Commission: The Planning and Zoning Commission. Configuration: The arrangement of element and details on a building or structure which help to define its character. Contemporary: Reflecting characteristics of the current period. Contemporary denotes characteristics which illustrate that a building, structure, or detail was constructed in the present or recent past rather than being imitative or reflective of a historic design. Compatible: In harmony with location and surroundings. Context: The existing in which a historic element, site, structure, street or district exists. Demolition: Any act which destroys in whole or in part a building or structure. Demolition by Neglect: The destruction of a building or structure through abandonment or lack of maintenance. Design: The creation and organization of formal elements in a work of art. Design Guidelines: Criteria developed to identify design concerns in an area and to help property owners ensure that rehabilitation and new construction respect the character of designated buildings and structures. Element: A material part or detail of a site, structure, street or district. Elevation: Any one of the external faces or façades of a building. Fabric: The physical material of a building, structure, or community, connoting an interweaving of component parts. Harmony: Pleasing or congruent arrangements. Design Guidelines TECHNICAL DEFINITIONS City of Coppell Historic DistrictD-2 Height: The distance from the bottom to the top of a building or structure. Historic District: A geographically definable area with a significant concentration of buildings, structures, sites, spaces, or objects unified by past events, physical development, design, setting, materials, workmanship, sense of cohesiveness or related historical aesthetic associations. The significance of a district may be recognized through listing in a local, state, or national landmarks register and may be protected legally through enactment of a local historic district ordinance administered by the Planning and Zoning Commission. Historic Imitation: New construction or rehabilitation where elements or components mimic an architectural style but are not of the same historic period as the existing building (historic replica). Infill: New construction in historic districts on vacant lots or to replace existing buildings. Integrity: of sound being. Landmark: A building, structure, object or site which is identified as an historic resource of particular significance. Maintain: To keep in an existing state of preservation or repair. Material Change: A change that will affect either the exterior architectural or environmental features of an historic property or any structure, site or work of art within an historic district. New Construction: Construction which is characterized by the introduction of new elements, sites, buildings, or structures or additions to existing buildings and structures in historic areas and sites. Obscured: Covered, concealed, or hidden from view. Period: A specified division of time. Preservation: Generally, saving from destruction or deterioration old and historic Buildings, sites, structures, and objects and providing for their continued use by means of restoration, rehabilitation, or adaptive use. Primary: Main or principal part Proportion: Harmonious relation of parts to one another or to the whole. Reconstruction: The act or process of reproducing by new construction the exact form and detail of a vanished building, structure, or object, or a part thereof, as it appeared at a specific period of time. Rehabilitation: The act or process of returning a property or building to usable condition through repair, alteration, and/or preservation of its features which are significant to its historical, architectural, and cultural values. Design Guidelines TECHNICAL DEFINITIONS City of Coppell Historic DistrictD-3 Restoration: The act or process of accurately taking a building's appearance back to a specific period of time by removing later work and by replacing missing earlier features to match the original. Retain: To keep secure and intact. In the guidelines, "retain" and "maintain" describe the act of keeping an element, detail, or structure and continuing the same level of repair to aid in the preservation of elements, sites and structures. Re-use: To use again. An element, detail, or structure might be reused in the historic district. Rhythm: Movement or fluctuations marked by the regular occurrence or natural flow of related elements. Scale: Proportional elements that demonstrate the size, materials, and style of building. Secondary: Subordinate, not primary. Setting: The sum of attributes of a locality, neighborhood, or property that defines its character. Shape: The outline or surface configuration of a particular form or figure. While form usually refers to the principle that gives unity to a whole, and often includes a sense of mass or volume, shape suggests an outline with some emphasis on the enclosed area or mass. Significant: Having particularly important associations within the contexts of architecture, history and culture. Stabilization: The act or process of applying measures essential to the maintenance of deteriorated building as it exists at present, establishing structural stability and a water resistant enclosure. Streetscape: The distinguishing character of a particular street as created by its width, degree of curvature, paving materials, destiny of the street, and rooms of surrounding buildings. Style: A type of architecture distinguished by special characteristics of structure and ornament and often related in time; also a general quality of a distinctive character. Design Guidelines ARCHITECTURAL TERMS City of Coppell Historic DistrictE-1 Appendix E – Glossary of Architectural Terms Addition: New construction added to an existing building or structure. Alteration: Work which impacts any exterior architectural feature including construction, reconstruction, or removal of any building or building element. Apron: A decorative, horizontal trim piece on the lower portion of an architectural element. Arch: A curved construction of wedge-shaped stones or brick which spans an opening and supports the weight above it. See net arch, jack arch, segmental arch and semicircular arch. Attic: The upper level of a building, not of full ceiling height, directly beneath the roof Awning Window: A window having one or more sashes swinging outward on hinges generally attached to the top of the frame. Baluster: One of a series of short, vertical, often vase-shaped members used to support a stairs or porch handrail, forming a balustrade. Balustrade: An entire rail system with top rail and balusters. Bargeboard: A board which hangs from the projecting end of a gable roof, covering the end rafters, and often sawn into a decorative pattern. Bay: The portion of a façade between columns of piers providing regular divisions and usually marked by windows. Bay Window: A projecting window that forms an extension to the floor space of the internal room; usually extending to the ground level. Belt Course: A horizontal band usually marking the floor levels of the exterior façade of a building. Board and Batten: Siding fashioned of boards set vertically and covered where their edges join by narrow strips called battens. Bond: A term used to describe the various pattern in which brick, or stone is laid, such as "common bond" or "Flemish bonds". Bracket: A projecting element of wood, stone or metal which spans between horizontal and vertical surfaces (eaves, shelves, overhangs) as decorative support. Bulkhead: The structural panels just below display windows on storefronts. Bulkheads can be both supportive and decorative in design. Nineteenth century bulkheads are often of wood construction with rectangular raised panels. Design Guidelines ARCHITECTURAL TERMS City of Coppell Historic DistrictE-2 Twentieth century bulkheads may be of wood, brick, tile, or marble construction. Bulkheads are also referred to as kickplates. Bungalow: Common house form of the early 20th century distinguished by horizontal emphasis, wide eaves, large porches and multi-light doors and windows. Capital: The head of a column or pilaster. Casement Window: A window with one or two sashes which are hinged at the sides and usually open outward. Certified Local Government: Any city, county, parish, township, municipality, or borough or any other general purpose subdivision enacted by the National Preservation Act Amendments of 1980 to further delegate responsibilities and funding to the local level. Clapboards: Horizontal wooden boards, thinner at the top edge, which are overlapped to provide a weatherproof exterior wall surface. Classical Order: Derived from Greek and Roman architecture, a column with its base, shaft, capital and entablature, having standardized details and proportions, according to one of the five canonized modes; Doric, Tuscan, Ionic, Corinthian, or Composite. Chopped Gable: A gable roof where the ends of the ridge are terminated in a small, diagonal roof surface. Colonial Revival: Style of the early 20th century based on interpretations of architectural forms of the American colonies prior to the Revolutionary War. Column: A circular or square vertical structural member. Common bond: A brickwork pattern where most courses are laid flat, with the long "stretcher" edge exposed, but every fifth to eighth course is laid perpendicularly with the small "header" end exposed, to structurally tie the wall together. Corbel: In masonry, a projection, or one of a series of projections, each stepped progressively farther forward with height and articulating a cornice or supporting an overhanging member. Corinthian Order: Most ornate classical order characterized by a capital with ornamental acanthus leaves and curled fern shoots. Cornice: The uppermost, projecting part of an entablature, or feature resembling it. Any projection ornament molding along the top of a wall, building, etc. Cresting: A decorated ornamental finish along the top of a wall or roof, often made of ornamental metal. Design Guidelines ARCHITECTURAL TERMS City of Coppell Historic DistrictE-3 Cross-gable: A secondary gable roof which meets the primary roof at right angles. Cupolas: A dome-shaped ornamental structure placed on the top of a larger roof or dome. In some cases, the entire main roof of a tower or spire can be a cupola. More frequently, however, the cupola is a smaller structure which sets on top of the main roof. Dentils: A row of small tooth-like blocks in a classical cornice. Doric Order: A classical order with simple, unadorned capitals, and with no base. Dormer Window: A window that projects from a roof. Double-hung Window: A window with two sashes, one sliding vertically over the other. Eaves: The edge of a roof that projects beyond the face of a wall. Elevation: Any of the external faces of a building. Eli: The rear wing of a house, generally one room wide and running perpendicular to the principal building. Engaged Column: A round column attached to a wall. Entablature: A part of a building of classical order resting on the column capital; consists of an architrave, frieze, and cornice. Façade: The face or front elevation of a building. Fanlight: A semi-circular window usually over a door with radiating muntins suggesting a fan. Fascia: A projecting flat horizontal member or molding; forms the trim of a flat roof or a pitched roof; also part of a classical entablature. Fenestration: The arrangement of windows on a building. Finial: A projecting decorative element, usually of metal, at the top of a roof turret or gable. Fishscale Shingles: A decorative pattern of wall shingles composed of staggered horizontal rows of wooden shingles with half-round ends. Flashing: Thin metal sheets used to prevent moisture infiltration at joints of roof planes and between the roof and vertical surfaces. Flat Arch: An arch whose wedge-shaped stones or bricks are set in a straight line; also called a jack arch. Design Guidelines ARCHITECTURAL TERMS City of Coppell Historic DistrictE-4 Flemish Bond: A brickwork pattern where the long "stretcher" edge of the brick is alternated with the small "header" end for decorative as well as structural effectiveness. Fluting: Shallow, concave grooves running vertically on the shaft of a column, pilaster, or other surface. Form: The shape and structure of something as distinguished from its substance or material. Foundation: The lowest exposed portion of the building wall, which supports the structure above. Frieze: The middle portion of a classical cornice; also applied decorative elements on an entablature or parapet wall. Front Façade: means one of the following: (A) The façade (as defined herein) which faces the public street, where the lot on which the façade is located adjoins only one public street right-of-way; (B) The combination of façades (as defined herein) each of which faces a public street, where the lot on which the façades are located adjoins more than one public street right-of-way; or (C) The façades (as defined herein) which contain one or more doors open to the public during conduct of business, where no façade faces a public street. Gable: The triangular section of a wall to carry a pitched roof. Gable Roof: A pitched roof with one downward slope on either side of a central, horizontal ridge. Gambrel Roof: A ridge roof with two slopes on either side. Ghosts: Outlines or profiles of missing buildings or building details. These outlines may be visible through stains, paint, weathering, or other residue on a building's façade. Greek Revival Style: Mid-nineteenth century revival of forms and ornament of architecture of ancient Greece. Hipped Roof: A roof with uniform slopes on all sides. Hood Molding: A projecting molding above an arch, doorway, or window, originally designed to direct water away from the opening; also called a drip mold. Ionic Order: One of the five classical orders used to describe decorative scroll capitals. Design Guidelines ARCHITECTURAL TERMS City of Coppell Historic DistrictE-5 Infill: New construction where there had been an opening before, such as a new building between two older structures; or block infill between porch piers or in an original window opening. Inlaid Brick: brick set into a surface, usually at the same level. Jack Arch: See flat arch Jalousie Window: A window having horizontal glass or wood louvers which pivot simultaneously in a common frame, used primarily in mild climates to control ventilation and to cut off visibility from the outside. Keystone: The wedge-shaped top or center member of an arch. Kick Plate: A protective metal plate fastened to the bottom of a door to resist blows and scratches. Knee Brace: An oversized bracket supporting a cantilevered or projecting element. Lattice: An open work grill of interlacing wood strips used as screening. Lintel: The horizontal top member of a window, door or other opening. Mansard Roof: A roof with a double slope on all four sides, with the lower slope being almost vertical and the upper almost horizontal. Masonry: Exterior wall construction of brick, stone or adobe laid up in small units. Massing: The three-dimensional form of a building. Metal Standing Seam Roof: A roof composed of overlapping sections of metal such as copper-bearing steel or iron coated with a terne alloy of lead and tin. These roofs were attached or crimped together in various raised seams for which the roof is named. Modillion: A horizontal bracket, often in the form of a plain block, ornamenting, or sometimes supporting, the underside of a cornice. Molding: Any of various long, narrow, ornamental surfaces with uniform cross sections and a profile shaped to produce modulations of light, shade, and shadow. Mortar: A mixture of sand, lime, cement, and water used as a binding agent in masonry construction. Mullion: A heavy vertical divider between windows or doors. Multi-light Window: A window sash composed of more than one pane of glass. Design Guidelines ARCHITECTURAL TERMS City of Coppell Historic DistrictE-6 Muntin: A secondary framing member to divide and hold the panes of glass in multilight window or glazed door. Neo-Classical Revival: Early 20th Century style which combines features of ancient, Renaissance, and Colonial architecture; characterized by imposing buildings with large columned porches. Oriel Window: A bay window which emerges above the ground floor level. Paired Columns: Two columns supported by one pier, as on a porch. Palladian Window: A window with three openings, the central one arched and wider than the ranking ones. Paneled Door: A door composed of solid panels (either raised or recessed) held within a framework of rails and stiles. Parapet: A low horizontal wall at the edge of a roof. Pediment: A triangular crowning element forming the gable of a roof; any similar triangular element used over windows, doors, etc. Pier: A vertical structural element, square or rectangular in cross-section. Pilaster: A square pillar attached, but projecting from a wall, resembling a classical column. Pitch: The degree of the slope of a roof. Portico: A roofed space, open or partly enclosed, forming the entrance and centerpiece of the façade of a building, often with columns and a pediment. Portland Cement: A strong, inflexible hydraulic cement used to bind mortar. Mortar or patching materials with a high Portland cement content should not be used on old buildings. The Portland cement is harder than the masonry, thereby causing serious damage over annual freeze-thaw cycles. Posts: A stiff vertical support. Preservation: The act of maintaining the original form and character of a building. Preservation stops deterioration and stabilizes structures. Pressed Tin: Decorative and functional metalwork made of molded tin used to sheath roofs, bays, and cornices. Pyramidal Roof: A roof with four identical sides rising to a central peak. Queen Anne Style: Popular late 19th century revival style of early 18th century English architecture, characterized by irregularity of plan and massing add a variety of texture. Design Guidelines ARCHITECTURAL TERMS City of Coppell Historic DistrictE-7 Quoms: A series of stone, bricks, or wood panels ornamenting the outside of a wall. Rafter Tails: The lower, sometimes exposed, end of a rafter that overhangs a wall. Railing: A barrier composed of one or more horizontal rails supported by spaced uprights or balusters. Rear Façade: The face of a building seen from the rear of the lot. Reconstruction: The accurate recreation of a vanished, or irreplaceably damaged structure, or part thereof; the new construction recreates the building's exact form and details as they appeared at some point in history. Rehabilitation: The act of returning a building to usable condition through repair, alteration, and/or preservation of its features. Restoration: The process of accurately taking a building's appearance back to a specific period of time by removing later work and by replacing missing earlier features to match the original. Ridge: The top horizontal member of a roof where the sloping surfaces meet. Rusticated: Roughening of stonework of concrete blocks to give great articulation to each block. Sash: The moveable framework containing the glass in a window. Secondary: Subordinate, not primary. Segmental Arch: An arch whose profile or radius is less than a semicircle. Semi-circular Arch: An arch whose profile or radius is a half-circle the diameter of which equals the opening width. Sheathing: An exterior covering of boards or other surface applied to the frame of the structure. (see Siding) Shed Roof: A gently pitched, almost flat roof with only one slope. Sidelight: A vertical area of fixed glass on either side of a door or window. Siding: The exterior wall covering or sheathing of a structure. Sill: The bottom crosspiece of a window frame. Soffit: The underside of an architectural element, as an arch, beam, cornice, or staircase. Spalling: Chipping or flaking. Design Guidelines ARCHITECTURAL TERMS City of Coppell Historic DistrictE-8 Spindles: Slender, elaborately turned wood dowels or rods often used in screens and porch trim. Stabilization: The essential maintenance of a deteriorated building as it exists at present, establishing structural stability and a weather-resistant enclosure. Steeple: A tall ornamental structure, usually ending in a spire and surmounting the tower of a church or other public building. Streetscape: The over façade, not of a single structure, but of the many buildings which define the street. Surround: An encircling border or decorative frame, usually at windows or doors. Swag: Carved ornament in the form of a cloth draped over supports, or in the form of a garland of fruits and flowers. Transom: A horizontal opening (or bar) over a door or window. Trim: The decorative framing of an opening and other features on a façade. Turret: A small slender tower. Veranda: A covered porch or balcony on a building's exterior. Vergeboard: The vertical face board following and set under the roof edge of a gable, sometimes decorated by carving. Vernacular: A regional form or adaptation of an architectural style. Wall dormer: Dormer created by the upward extension of a wall and a breaking of the roofline. Water Table: A projecting horizontal ledge, intended to prevent water from running down the face of walls lower section. Weatherboard: Wood siding, consisting of overlapping boards usually thicker at one edge than the other. Design Guidelines BIBLIOGRAPHY City of Coppell F-1 Historic Overlay District Appendix F - Sources used: Sources used for the drafting of the design guidelines for Old Coppell were the Old Coppell Master Plan, the Secretary of the Interior’s Standards for Rehabilitation, Traditional Construction Patterns, and the following cities’ guidelines: • Ames, IA • Blacksburg, VA • Boston, MA • Chicago, IL • Denver, CO • Eureka Springs, AK • Iowa City, IA • Washington, NC • Wichita, KA DEPT: Planning DATE: May 10, 2005 ITEM #: 15 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD-194R3-LI, Amberpoint Business Park, Lot 2R, Block A, zoning change request from PD-194R2-LI, (Planned Development-194 Revision 2-Light Industrial) to PD-194R3-LI (Planned Development-194 Revision 3-Light Industrial) to amend the Planned Development to attach a Detail Site Plan to allow the development of three office/warehouse buildings, totaling approximately 714,010-square feet, on 64.3 acres of property located along the south side of Sandy Lake Road, between Freeport Parkway and Northpoint Drive. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: April 21, 2005 Decision of P&Z Commission: Approval (7-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Milosevich, Kittrell and Reese voting in favor; none opposed. Approval is recommended, subject to the following conditions: 1) Revise Elevations to show the screen walls located on the west elevation for Building 5 and the east elevation for Building 6 as shown on the Site Plan. Revise elevations of Buildings 5 and 6, which appear to be transposed. 2) Enhance the north elevation for Building 6 to include articulation in the center to meet the requirement of the Zoning Ordinance. (CONDITION MET) 3) Note on plans that the southeastern drive will not be used until Freeport Parkway is improved. Submit proposed barricade, and indicate that a headache bar will be installed upon tie-in. This headache bar can be removed upon the completion of the Freeport Parkway extension from Sandy Lake Road to S.H. 121. (CONDITION MET) 4) Revise perimeter landscape numbers to read 1,872’ in place of 11,872’ for the east Freeport frontage. (CONDITION MET) 5) Revise the Sandy Lake perimeter landscaping to read 35 trees. This is due to Sandy Lake being a Primary Image Zone and it requiring one tree per 40’. (CONDITION MET) 6) Comply with the attached Engineering and Fire Department comments. Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @4PD-194R3-LI, ABP 1-AR Item # 7 Page 1 of 6 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-194R3-LI, Amberpoint Business Park Lot 2R, Block A P & Z HEARING DATE: April 21, 2005 C.C. HEARING DATE: May 10, 2005 STAFF REP.: Matt Steer, City Planner LOCATION: South side of Sandy Lake Road, between Freeport Parkway & Northpoint Drive. SIZE OF AREA: 64.3 acres of property CURRENT ZONING: PD-194R2-LI (Planned Development-194 Revision 2-Light Industrial) REQUEST: PD-194R3-LI (Planned Development-194 Revision 3-Light Industrial) to amend the Planned Development to attach a Detail Site Plan to allow the development three office/warehouse buildings, totaling approximately 714,010-square feet. APPLICANT: Applicant: Architect: Jim Gaspard John O’Brien Transwestern Commercial Services O’Brien & Associates 5001 Spring Valley Rd., Suite 600W 5310 Harvest Hill Rd., Suite 136 Dallas, TX 75244 Dallas, TX 75230 Phone: (972) 774-2544 Phone: (972) 788-1010 Fax: (972) 991-4247 Fax: (972) 788-4828 Engineer: Mark McGraw Halff Associates, Inc. 8616 Northwest Plaza Dr. Item # 7 Page 2 of 6 Dallas, TX 75225 Phone: (214) 346-6200 Fax: (214) 361-5573 HISTORY: In November 2001, City Council approved PD-194 to allow for the development of six buildings, totaling approximately 1,775,600-square feet, on 110 acres of property, which would be served by an 8.6-acre detention pond in the southeast corner of the site (adjacent to Wagon Wheel Park and Freeport Parkway, formerly State Road). The following variations to the Zoning Ordinance were approved as part of the Planned Development: • Multiple monument signs, including business park signs at Royal Lane and Sandy Lake Road, • Variances to the Tree Mitigation requirements, • Variances to the Perimeter Landscape Requirements, and • The provision of a living screen in lieu of a wall. A Detail Site Plan and Final Plat for 308,000-square feet of speculative office/warehouse on the southwestern lot were also approved at that time. The building has since been constructed and is occupied by Somera Communications. In October 2002, Council approved PD-194R, to allow a Detail Site Plan and Replat for the Staples 228,250-sq.-ft. office/warehouse facility with future expansion of 161,750-sq. ft. In February 2003, Council approved PD-194R2, which amended the Amberpoint PD to modify the industrial park identification sign location and design and to incorporate an additional 9.102 acres into this PD. TRANSPORTATION:The Thoroughfare Plan shows Sandy Lake as a C4D/6 four-lane divided thoroughfare in a right-of-way containing 110 feet of dedication (adequate for a six-lane divided thoroughfare). Northpoint Drive is a 41’ C2U two-lane undivided thoroughfare within 60’ right-of-way. Freeport Parkway, formerly State Road, east of the subject property, is an existing two-lane roadway. The Thoroughfare Plan shows it improved within the alignment for the connection of the existing Freeport Parkway from Ruby Road to a segment northwest of State Highway 121, at the entrance to DFW Trade Center. The standards for this future Freeport Parkway connection are a 120’-wide right-of- way containing a C4D/6 four-lane divided collector street capable of expansion to six lanes. SURROUNDING LAND USE & ZONING: Item # 7 Page 3 of 6 North -under construction, PD-208-LI (Planned Development-208-Light Industrial) South - Wagon Wheel Park, LI (Light Industrial) East - Coppell Fellowship Bible Church, R (Retail), Residential, PD-109-SF9 (Planned Development-109-Single Family-9, and LI (Light Industrial) West - existing office/warehouse facilities, part of this PD COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for light industrial/showroom uses. DISCUSSION: This request is for approval of an application to amend the Planned Development to attach a Detail Site Plan to allow the construction of three speculative office warehouse buildings totaling 714,010-square-feet on Lot 2R, containing 64.3-acres. The future Amberpoint 3 is not considered within this phase and, therefore, is not included in this review. The previously granted conditions of the PD listed within the HISTORY section are included within the requested Planned Development along with the following: • Applicant is proposing one additional 60-square-foot monument sign located east of Building 4 on Freeport Parkway; staff recommends moving one of the two proposed 60-square-foot monument signs currently approved to be located on Sandy Lake Road to east of Building 4 on Freeport Parkway, and • The ingress/egress point southwest of Building 4 as depicted on the Site Plan, not aligning with the existing drive across the street. Site Plan: The proposed buildings’ sizes have been modified since the initial Concept Plan was approved. The two buildings fronting Sandy Lake, Buildings 5 and 6, were both originally proposed at 108,000-sq. ft., and Building 4 was 501,600-sq. ft. This proposal shows the front two at 101,581 and 62,581-sq. ft., respectively, and Building 4 at 549,848-sq. ft., thus reducing the overall size by 3,590-sq. ft. The sizes were adjusted due to the relocation of the future median opening on Sandy Lake. There are seven proposed ingress/egress points to serve these three buildings. The one located southeast of Building 4 is proposed to be constructed at this time, but barricaded until Freeport Parkway is improved. Staff has concerns about truck traffic entering and exiting at this point and the close proximity of residences, and would recommend that a headache bar be installed at the time of tie-in to limit this access to vehicular traffic only. Item # 7 Page 4 of 6 Staff will evaluate the proposed barricade for safety and aesthetic issues prior to City Council consideration. The southwest ingress/egress point will not directly align with the existing drive across Northpoint, and an exception to this requirement is being requested. Parking: The parking required and provided for each proposed use (office and warehouse) is broken down as follows: Bldg. # Total Area (Sq. Ft.) Office Area (Sq. Ft.) Warehouse Area (Sq. Ft.) Parking Required Parking Provided 4 549,848 54,000 10% 495,847 90% 676 679 5 101,581 50,700 50% 50,881 50% 220 229 6 62,581 31,200 50% 31,381 50% 135 137 714,010 135,900 19% 578,109 81% 1,031 1,045 There are 220 spaces required for Building 5, provided are 229 with 22 located on the west side of Building 6. The other parking areas proposed are directly abutting or adjacent to each of their respective buildings. The difference from the approved Concept Plan and this proposal is a substantial increase in proposed office space. The previous plan indicated that 46,680-sq. ft. would be devoted to office whereas this plan shows 135,900-sq. ft. and a subsequent increase in parking spaces required. Landscaping: The applicant is using a portion of the detention area for the required nonvehicular landscape area. In a previous phase with the construction of the detention area, trees were planted along the berm on the outer edge. The majority have died and some were never installed in accordance with the previous plan. Trees will be replanted along with the required perimeter landscaping on Freeport. There is an existing 10’ Hike and Bike and Utility easement adjacent to Freeport Parkway. This is proposed to be expanded to 20’ to allow for the future construction of a 12’-wide Hike and Bike Trail. The perimeter landscaping will be planted west of and adjacent to the easement. The perimeter landscaping on the south end of the lot (south end of the Future Phase) will be constructed during the construction of that phase. The landscaping along Freeport, Northpoint and Sandy Lake will be a continuation of the landscaping provided in the previous phase to the west (Staples) with alternating Red Oaks and Live Oaks. There are 41 Bald Cypress and 33 Cedar Elms shown on the Plant Table at 6 caliper inches. Unfortunately, this was a mistake per the Landscape Architect and will be corrected to read 3 caliper inches. Elevations: Item # 7 Page 5 of 6 The architecture of the buildings is similar to that of the Somera and Staples buildings. The building materials are tilt wall with accents and reveals throughout. The end entries are to be constructed of simulated stone with cast stone caps, metal canopies and windows. Staff is recommending that the north elevation for Building 6 be considered for enhancement with one additional entry in the middle to break up the expanse, as Sandy Lake is a primary image zone and the north elevation for Building 5 shows multiple entries. The front two buildings screen the dock high doors of Building 4 from Sandy Lake Rd. There are 12’-high screening walls along the west elevation of Building 5 and the east elevation of Building 6 to screen their loading areas. The perimeter landscaping (6-caliper inch Red Oaks and Live Oaks, spaced 25’ on center) along Freeport and the addition of approximately 17 Eastern Red Cedars at the north end of the detention area is intended to screen the dock high doors of the south elevation of Building 4 from view from Freeport Parkway. Future Building 3 will also screen the south elevation from view from Northpoint Drive. Signs: The final issue relating to this development is the proposed monument signs. As part of the approved Concept Site Plan for this PD and subsequent revisions, specific locations and design criteria for monument signs were designated. Four 60-sq.ft. and one 150-sq. ft. monument signs were approved for this site. As part of this Detail Site Plan approval, the applicant is requesting that an additional 60-sq. ft. monument sign be located along Freeport. Staff recommends that this sign be permitted on Freeport, but in exchange, one of the two proposed signs be subtracted from Sandy Lake Road. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-194R3-LI, Amberpoint Business Park Detail Site Plan and PD revision, subject to: 1) Revise Elevations to show the screen walls located on the west elevation for Building 5 and the east elevation for Building 6 as shown on the Site Plan. 2) Enhance the north elevation for Building 6 to include one additional entry in the center to meet the articulation requirement of the Zoning Ordinance. 3) Note on plans that the southeastern drive will not be used until Freeport Parkway is improved. Submit proposed barricade, and indicate that a headache bar will be installed upon tie-in. Item # 7 Page 6 of 6 4) Revise perimeter landscape numbers to read 1,872’ in place of 11,872’ for the east Freeport frontage. 5) Eliminate one of the proposed monument signs on Sandy Lake. 6) Sandy Lake perimeter landscaping required is 35 trees. This is due to Sandy Lake being a Primary Image Zone and it requiring one tree per 40’. 7) Comply with the attached Engineering 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) Engineering comments 2) Site Plan 3) Tree Survey and Landscape Plan 4) Elevations DEPT: Planning DATE: May 10, 2005 ITEM #: 16 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of the Amberpoint Business Park, Lot 2R, Block A, Replat, to allow the development of three office/warehouse buildings, totaling approximately 714,010-square feet on 64.3 acres of property located along the south side of Sandy Lake Road, between Freeport Parkway and Northpoint Drive. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: April 21, 2005 Decision of P&Z Commission: Approval (7-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Milosevich, Kittrell and Reese voting in favor; none opposed. Approval is recommended, subject to the following conditions: 1) Contact Jeff Curry at 972-570-4126 to discuss easement requirements. 2) Correct Vicinity Map to read “Freeport Parkway (formerly State Road)” in place of “State Road”. (CONDITION MET) 3) Show boundaries of the T.P. & L. easement. (CONDITION MET) 4) The southeast ingress/egress shall be identical to the northern point of access. (CONDITION MET ON SITE PLAN) 5) Compliance with the attached Engineering and Fire Department comments. Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @5AmbrptBP, RPL 1-AR Item # 8 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Amberpoint Business Park, Lot 2R, Block A, Replat P & Z HEARING DATE: April 21, 2005 C.C. HEARING DATE: May 10, 2005 STAFF REP.: Matt Steer, City Planner LOCATION: South side of Sandy Lake Road, between Freeport Parkway & Northpoint Drive. SIZE OF AREA: 64.3 acres of property CURRENT ZONING: PD-194R2-LI (Planned Development-194 Revision 2-Light Industrial) REQUEST: Replat approval to allow the development three office/warehouse buildings, totaling approximately 714,010-square feet. APPLICANT: Applicant: Architect: Jim Gaspard John O’Brien Transwestern Commercial Services O’Brien & Associates 5001 Spring Valley Rd., Suite 600W 5310 Harvest Hill Rd., Suite 136 Dallas, TX 75244 Dallas, TX 75230 Phone: (972) 774-2544 Phone: (972) 788-1010 Fax: (972) 991-4247 Fax: (972) 788-4828 Engineer: Mark McGraw Halff Associates, Inc. 8616 Northwest Plaza Dr. Dallas, TX 75225 Phone: (214) 346-6200 Fax: (214) 361-5573 Item # 8 Page 2 of 3 HISTORY: In November 2001, City Council approved PD-194 to allow for the development of six buildings, totaling approximately 1,775,600-square feet, on 110 acres of property, which would be served by an 8.6-acre detention pond in the southeast corner of the site (adjacent to Wagon Wheel Park and Freeport Parkway, formerly State Road). The following variations to the Zoning Ordinance were approved as part of the Planned Development: • Multiple monument signs, including business park signs at Royal Lane and Sandy Lake Road, • Variances to the Tree Mitigation requirements, • Variances to the Perimeter Landscape Requirements, and • The provision of a living screen in lieu of a wall. A Detail Site Plan and Final Plat for 308,000-square feet of speculative office/warehouse on the southwestern lot were also approved at that time. The building has since been constructed and is occupied by Somera Communications. In October 2002, Council approved PD-194R, to allow a Detail Site Plan and Replat for the Staples 228,250-sq.-ft. office/warehouse facility with future expansion of 161,750-sq. ft. In February 2003, Council approved PD-194R2, which amended the Amberpoint PD to modify the industrial park identification sign location and design and to incorporate an additional 9.102 acres into this PD. TRANSPORTATION:The Thoroughfare Plan shows Sandy Lake as a C4D/6 four-lane divided thoroughfare in a right-of-way containing 110 feet of dedication (adequate for a six-lane divided thoroughfare). Northpoint Drive is a 41’ C2U two-lane undivided thoroughfare within 60’ right-of-way. Freeport Parkway, formerly State Road, east of the subject property, is an existing two-lane roadway. The Thoroughfare Plan shows it improved within the alignment for the connection of the existing Freeport Parkway from Ruby Road to a segment northwest of State Highway 121, at the entrance to DFW Trade Center. The standards for this future Freeport Parkway connection are a 120’-wide right-of- way containing a C4D/6 four-lane divided collector street capable of expansion to six lanes. Item # 8 Page 3 of 3 SURROUNDING LAND USE & ZONING: North -under construction, PD-208-LI (Planned Development-208-Light Industrial) South - Wagon Wheel Park, LI (Light Industrial) East - Coppell Fellowship Bible Church, R (Retail), Residential, PD-109-SF9 (Planned Development-109-Single Family-9, and LI (Light Industrial) West - existing office/warehouse facilities, part of this PD COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for light industrial/showroom uses. DISCUSSION: This proposal is the companion piece to the Amberpoint amended Planned Development 194R3-Light Industrial zoning case to attach a Detailed Site Plan. The plat is showing a 20’ Hike and Bike and Utility easement along Freeport Parkway. A 24’ fire lane encircling the buildings is proposed. There is also a TXU Electric Delivery easement proposed to serve the buildings. With the exception of two proposed 20’x20’ Utility easements on Northpoint, all other easements are existing. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of this Replat, subject to the following conditions: 1) Contact Jeff Curry at 972-570-4126 to discuss easement requirements. 2) Correct Vicinity Map to read “Freeport Parkway (formerly State Road)” in place of “State Road”. 3) Show boundaries of the T.P. & L. easement. 4) Compliance with the 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) Plat DEPT: Planning DATE: May 10, 2005 ITEM #: 17 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1224-TC, Little Caesars Pizza, zoning change request from TC (Town Center) to S-1224-TC (Special Use Permit-1224-Town Center), to allow the operation of a 1,350-square-foot restaurant, take- out only, to be located in the Town Center Addition, Lot 2, Block 3, along the east side of Denton Tap Road; north of Town Center Blvd. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: April 21, 2005 Decision of P&Z Commission: Approval (4-3) with Commissioners Hall, Foreman, Milosevich and Reese voting in favor; Commissioners Borchgardt, McCaffrey and Kittrell opposing. Approval is recommended, subject to the following condition: 1) Hours of operation shall not exceed 11 a.m. – 11 p.m. Sunday through Thursday and 11 a.m. – 12 midnight Friday and Saturday. Staff recommends denial for the following reasons: 1) A rear entrance is needed because of limited parking along the Denton Tap side of this building. It is important that customers have a direct way of entering this establishment. The majority of parking is behind the shopping center and there’s no sidewalk for customers to access the business without having to walk totally around the building or cut through another business to get to the intended destination. Both Taco Del Mar and Carvel have rear entrances. 2) Staff has concern regarding the appearance of the east side of the building if a restroom and food service storage racks are located against the glass. This center was designed to complement both street frontages (Denton Tap Road and Town Center Boulevard), having been constructed with large plate glass windows on both streets. Agenda Request Form - Revised 09/04 Document Name: @3S-1224-TC, LCP 1-AR Item # 6 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1224-TC, Little Caesars Pizza P & Z HEARING DATE: April 21, 2005 C.C. HEARING DATE: May 10, 2005 STAFF REP.: Gary L. Sieb, Planning Director LOCATION: East side of Denton Tap Road, north of Town Center Blvd., (Town Center Addition, Lot 2, Block 3) SIZE OF AREA: 1,350-square-foot restaurant (take-out only) CURRENT ZONING: TC (Town Center) REQUEST: Special Use Permit-1224 for the operation of a Little Caesars Pizza take-out-only restaurant. APPLICANT: Great Lakes Management, Inc., dba Little Caesar’s Pizza Robert Suarez 2445 W. Northwest Hwy. Suite 108 Dallas, TX. 75220 (214) 902-8508 Fax: (972) 966-8554 HISTORY: There is no development history within the lease space of this recently opened shopping center. The 14,000-square-foot center was completed in early 2005 and has two tenants at the current time. Taco Del Mar received a SUP for a 1,650-square-foot restaurant with outside seating in October of 2004 and obtained their CO in February of this year. Carvel, a 1,500-square-foot ice cream parlor, received its CO in March of 2005. Item # 6 Page 2 of 3 TRANSPORTATION:Denton Tap Road is a P6D, six-lane, divided thoroughfare built to standard. Town Center Boulevard, on the opposite side of the building, is a standard-sized local street built to standard. SURROUNDING LAND USE & ZONING: North -bank building: TC (Town Center) South – retail strip center; TC (Town Center) East - Coppell Justice Center; TC (Town Center) West - Huntington Ridge subdivision (PD-129-Single Family-9) COMPREHENSIVE PLAN: The Comprehensive Plan recommends neighborhood retail use on this parcel. DISCUSSION: This is a pretty straightforward case with only one potential area of disagreement, which relates to the fact that this center has two frontages—one on Denton Tap Road and another on Town Center Boulevard. Little Caesar’s Pizza restaurant is proposing to occupy 1,350-75-square feet of this shopping strip center but does not provide the needed two-front door design. Their floor plan shows the east side of the space restricted from customer access. From the Site Plan drawings, it appears that the rear entrance is employee only. Staff cannot support that plan for a variety of reasons. First, because of limited parking along the Denton Tap side of this building, it is important that customers have a direct way of entering a business established here. With the majority of parking behind the center (read: the Town Center side) and no sidewalk, customers need access to a business without having to walk totally around the building or cut through another business to get to the intended destination. Second, we have concern with the appearance of the east side of the building if a restroom and food service storage racks are located against the glass there. In addition, the building was designed to complement both street frontages, having been constructed with large plate glass windows on both streets, and ignoring that design element is not in keeping with the building’s integrity. Finally, there are two businesses in the center today, and both reflect the two-entrance principle. This user should do the same. Just as Taco Del Mar and Carvel have done, Little Caesar’s needs to “open up” the rear portion of their site and convey a front-door image. Signage is in conformance with code although the Storefront Elevation calls out an orange sign. The photo exhibits show white Item # 6 Page 3 of 3 signage, and as long as all exterior signs (with the exception of the logo) comply with the existing signage color, we can support their design. Interior neon signage must comply with Building Inspection guidelines. The applicant provided staff with a parking analysis (attached) which reflects adequate parking remaining for the remainder of this retail center. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of this request ONLY if the rear of the lease space is redesigned to allow both customer and employee access. If not, we recommend DENIAL of the request, as submitted. ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Floor Plan, Interior and Exterior Elevations (2 sheets) 2) Proposed Interior and Exterior Signage (4sheets) 3) Parking Analysis Little Caesar’s 240 N. Denton Tap Rd. Coppell, TX 0503-079p1 03-17-05 R. Hayner (1) 20amp 120v circuit required N.T.S. Construct & Install Using Only U.L. Listed Components & In Accordance w/ National Electrical Sign Code N/A Rick Sutton WEST (FRONT) ELEVATION N.T.S. 18’-0” Storefront 14380 1’-6” x 11’-9”= 17.63 0503-079p2 R. Hayner (1) 20amp 120v circuit required N.T.S. Construct & Install Using Only U.L. Listed Components & In Accordance w/ National Electrical Sign Code N/A Rick Sutton EAST (REAR) ELEVATION N.T.S. 18’-0” Storefront 03-17-05 Little Caesar’s 240 N. Denton Tap Rd. Coppell, TX 14380 1’-6” x 11’-9”= 17.63 (As Shown) 2.6 + 15.0= 17.6 12’-0”18 ½”LETTERLOK CHANNEL LETTERS- TWO SETS REQUIRED SCALE:3/4”= 1'-0" 0503-079p3 R. Hayner (1) 20amp 120v circuit required Construct & Install Using Only U.L. Listed Components & In Accordance w/ National Electrical Sign Code N/A Rick Sutton 03-17-05 Little Caesar’s 240 N. Denton Tap Rd. Coppell, TX 14380 WALL A C D E F G H J K L M P Q B O I SECTION N.T.S. 5” .040 ALUM. RETURN PREFINISHED BLACK 1” BLACK JEWELITE TRIM NON-CORROSIVE MOUNTING SCREW IN ANCHOR 30MA TRANSFORMER FLEXIBLE CONDUIT WESTRIM INSULATING END CAP/BOOT VINYL GRAPHICS APPLIED 1st SURFACE (SEE LIST FOR COLORS) STD. GLASS TUBE SUPPORT FLEXIBLE CONDUIT CONNECTOR 3” x 8” ALUM. WIREWAY PTD. SPRAYLAT #440 BRICK RED METAL TRANSFORMER CONTAINMENT BOX LOCATED BEHIND WALL 15MM 6500 WHITE NEON .063 ALUM. BACK- INTERIOR PTD. REFLECTIVE WHITE LETTERLOK CHANNEL LETTERS WITH REMOTE TRANSFORMERS HI-FLEX MAX GTO-15 WIRE A C E G K M O P L J H F D B I WEEP HOLES FOR DRAINAGEQ 1 /8” #7328 WHITE ACRYLIC FACE w/ APPLIED BLACK & #44 ORANGE VINYL 20 ½” 2.6 SQ. FT. 9’-8 ½” 15.0 SQ. FT. (As Shown) NEON SIGN- TWO REQUIRED SCALE: ¾"= 1'-0” R. Hayner N/A Rick Sutton N/A (1) 20amp 120v circuit required Construct & Install Using Only U.L. Listed Components & In Accordance w/ National Electrical Sign Code A C E G H F D B I SIGN 12 121 2 NEON COLORS 3” CLEAR ACRYLIC RETURN CHAIN & MOUNTING HARDWARE 30MA TRANSFORMER PLASTIC TUBE SUPPORT HI-FLEX MAX GTO-15 WIRE METAL TRANSFORMER CONTAINMENT BOX LOCATED ABOVE CEILING 30MA NEON (SEE LIST FOR COLORS & SIZES) 3/16” CLEAR ACRYLIC BACK WESTRIM INSULATING END CAP/BOOT 6500 WHITE TANGERINE A B C D E F G H I 3’-3”3’-3”1 2 3’-5” 0503-079p4 SECTION N.T.S. 3’-5” V.O. 3’-3”1’-1”5”21 CORRECT # TO BE SUPPLIEDCORRECT # TO BE SUPPLIED 03-17-05 Little Caesar’s 240 N. Denton Tap Rd. Coppell, TX 14380 NEON SIGN- TWO REQUIRED SCALE: ¾"= 1'-0” DEPT: Planning DATE: May 10, 2005 ITEM #: 18 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the Park West Commerce Center, Lot 2R-3, Block 2, Site Plan, to allow the development of one 137,000-square-foot office/warehouse building and one 153,000-square-foot office/warehouse building on 16.8 acres of property located at the northwest corner of Beltline and Airline Roads. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: April 21, 2005 Decision of P&Z Commission: Approval (4-3) with Commissioners Borchgardt, McCaffrey, Foreman and Kittrell voting in favor; Commissioners Hall, Milosevich and Reese opposing. Approval is recommended, subject to the following conditions: 1) Relocate fire hydrant on north side of building ”A” to a landscape island. (We understand this has been accomplished.) (CONDITION MET) 2) Obtain permission from property owner to the west to connect into that owner’s fire line. (We need written confirmation.) 3) Inclusion of the 24-foot mutual access/fire lane easement to the property to the north. 4) Abide by the attached departmental comments (Engineering). Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @1PWCC, SP 1-AR Item # 4 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Park West Commerce Center, Lot 2R-3, Block 2, Site Plan P & Z HEARING DATE: April 21, 2005 (Withdrawn from consideration March 17, 2005) C.C. HEARING DATE: May 10, 2005 STAFF REP.: Gary L. Sieb, Planning Director LOCATION: Northwest corner of Beltline and Airline Roads. SIZE OF AREA: 16.8 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: Site Plan approval to allow the development of one 137,000-square- foot office/warehouse building and one 153,000-square-foot office/warehouse building. APPLICANT: Majestic Realty Architect: 5000 Quorum Dr. Hardy McCullah/MLM Suite 100 12221 Merit Dr. #280 Dallas, TX. 75254 Dallas, TX. 75251 (972) 726-0700 (972) 385-1900 Fax: (972) 726-0710 Fax: (972) 385-1937 HISTORY: Although there has been no recent development history on the subject tract, there have been a number of proposed development schemes presented over the last ten years or so. All proposals have suggested industrial use and fit into the general-use category outlined and recommended by the Comprehensive Plan. The applicant requested that this case be withdrawn from the March hearing because of concerns with staff‘s position that access be provided Item # 4 Page 2 of 3 to the property to the north through a mutual access/ fire lane easement. TRANSPORTATION:Beltline Road is a P6D six-lane divided major thoroughfare built to standard in a 120-foot right-of-way. Airline Road is a paved, concrete two- way street built within a 60-foot right-of-way. SURROUNDING LAND USE & ZONING: North -vacant; LI (Light Industrial) South – office/warehousing; LI (Light Industrial) East - auto parts, gas station, oil/lube shop; C (Commercial) West - warehousing; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for warehousing. DISCUSSION: This property is one of the last parcels immediately adjacent to Beltline Road to be developed. Over the years there have been any number of proposals for its use—all warehousing—but none were carried out to development. The proposal before you this evening proposes two warehouse buildings, one of 153,000-square feet adjacent to Beltline Road and a second building immediately west at 137,000-square feet, to be built on this almost 17-acre site. Because of its proximity to Beltline Road and the fact that Beltline/Denton Tap is a primary image zone, it is very important that the design of these buildings reflect the high standard created by the existing development. This plan retains much of the streetscape along both Beltline and Airline. It respects the architectural feature existing at the corner of Beltline and Airline and provides needed interest in the long facades through the design of vision glass, multiple entrances and a varying building footprint across the frontages and sides of these two buildings. Detailing also includes the addition of accent squares at the entrances of the buildings and stone veneer columns at these same entrances. The Landscape Plan meets our requirements, and masonry walls on both the south and north property lines physically screen the interior service area. The height of these walls is 10 feet at finished floor level, thus screening the concrete truck courts from the exterior of the site. With regard to the north screening wall, it cannot interfere with a 72-inch storm drain located in a 30- foot utility/drainage easement, all along the north property line. A condition contained within the Replat of this property (which follows this Site Plan Item # 4 Page 3 of 3 review), specifies where the screening wall can be located and not interfere with our easements. The Site Plan reflects that general location. We have also included a condition regarding the construction of a new 16”-water line scheduled for construction in mid-2005. With the applicant acknowledging these conditions, we can support this request. Just prior to the Planning Commission meeting of March 17, we received correspondence from the applicant asking that this case be withdrawn and resubmitted for the April hearing. The reason for the withdrawal related to a staff position that a mutual 24-foot access/fire lane easement be provided on the north end of this property. Although both the Site Plan and Replat documents showed this easement and all conversations with the applicant prior to the day of the Planning Commission hearing had been mutually agreeable, upon re-review, the applicant no longer agreed and requested its elimination. The resubmittal package eliminates the common access easement. Staff feels this easement is needed, and strongly recommends that it be a condition of approval of both the Site Plan and Replat. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of this request subject to the following conditions: 1) Relocate fire hydrant on north side of building ”A” to a landscape island. 2) Obtain permission from property owner to the west to connect into that owner’s fire line. 3) Abide by departmental comments (Fire and Engineering). 4) Inclusion of the 24-foot mutual access/fire lane easement to the property to the north. 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. Item # 4 Page 4 of 3 ATTACHMENTS: 1) Perspective, Site Plan, Floor Plan, Elevations 2) Landscape Plan, Existing Tree Inventory 3) Departmental comments (Engineering, Fire) DEPT: Planning DATE: May 10, 2005 ITEM #: 19 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of the Park West Commerce Center, Lot 2R-3, Block 2, Replat, being a replat of Park West Commerce Center, Lot 2R-2, Block 2, to allow the development of one 137,000-square-foot office/warehouse building and one 153,000-square-foot office/warehouse building on 16.8 acres of property located at the northwest corner of Beltline and Airline Roads. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: April 21, 2005 Decision of P&Z Commission: Approval (4-3) with Commissioners Borchgardt, McCaffrey, Foreman and Kittrell voting in favor; Commissioners Hall, Milosevich and Reese opposing. Approval is recommended, subject to the following conditions: 1) Delete “proposed” from the easement note connecting this property to property to the north. 2) Inclusion of the 24-foot mutual access/fire lane easement to the property to the north. 3) Abide by Engineering’s comments including those relative to a 30-foot utility/drainage easement (see attached Engineering comment). Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @2PWCC, RPL 1-AR Item # 5 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Park West Commerce Center, Lot 2R-3, Block 2, Replat P & Z HEARING DATE: April 21, 2005 (Denied March 17, 2005, because Site Plan was withdrawn at applicant’s request) C.C. HEARING DATE: May 10, 2005 STAFF REP.: Gary L. Sieb, Planning Director LOCATION: Northwest corner of Beltline and Airline Roads. SIZE OF AREA: 16.8 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: Replat approval to allow the development of one 137,000-square foot-office/warehouse building and one 153,000-square-foot office/warehouse building. APPLICANT: Majestic Realty Architect: 5000 Quorum Dr. Hardy McCullah/MLM Suite 100 12221 Merit Dr. #280 Dallas, TX. 75254 Dallas, TX. 75251 (972) 726-0700 (972) 385-1900 Fax: (972) 726-0710 Fax: (972) 385-1937 HISTORY: Although there has been no recent development history on the subject tract, there have been a number of proposed development schemes presented over the last ten years or so. All proposals have suggested industrial use and fit into the general-use category outlined and recommended by the Comprehensive Plan. This case was denied at the March hearing as the applicant withdrew for one month the Site Plan request, which relates to this replat. Item # 5 Page 2 of 3 TRANSPORTATION:Beltline Road is a P6D, six-lane divided major thoroughfare built to standard in a 120-foot right-of-way. Airline Drive is a paved, concrete two- way street built within a 60-foot right-of-way. SURROUNDING LAND USE & ZONING: North -vacant; LI (Light Industrial) South – office/warehousing; LI (Light Industrial) East - auto parts, gas station, oil/lube shop; C (Commercial) West – warehousing; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for warehousing. DISCUSSION: This proposal is the companion piece to the warehousing Site Plan discussed immediately prior to this case. For the most part, there are not a lot of additional comments to be made regarding this request. The applicant must contact TXU for easement requirements, provide a mutual assess easement, obtain Engineering permission to place the 10-foot screening wall along the north side of the project, and move a fire hydrant. By complying with these conditions, staff can support this Replat. The Replat resubmittal has removed the easement from the plat exhibit. Staff continues to recommend approval with the stated conditions listed below. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of this Replat, subject to the following conditions: 1) Delete “proposed” from the easement note connecting this property to property to the north. 2) Abide by Engineering’s comments including those relative to a 30-foot utility/drainage easement (see attached Engineering comment). 3) Inclusion of the 24-foot mutual access/fire lane easement to the property to the north. Item # 5 Page 3 of 3 ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Replat document 2) Departmental comments (Engineering) DEPT: Planning DATE: May 10, 2005 ITEM #: 20 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1211R, Service Star, zoning change request from PD-199-HC-S-1211 (Planned Development-199-Highway Commercial-Special Use Permit-1211) to PD-199-HC-S-1211R (Planned Development-199-Highway Commercial-Special Use Permit-1211 Revised), to allow the development of an auto repair garage, car wash, convenience store and gasoline service station on 2.24 acres of property located at the southwest corner of S.H. 121 and MacArthur Blvd. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: April 21, 2005 Decision of P&Z Commission: Approval (6-1) with Commissioners Hall, McCaffrey, Foreman, Milosevich, Kittrell and Reese voting in favor; Commissioner Borchgardt opposed. Approval is recommended, subject to the following conditions: 1) City of Lewisville’s approval of the location and design of the driveways and deceleration lanes on MacArthur Boulevard. 2) Update the Data Table on the Landscape Plan to reflect 48 instead of 49 parking spaces. (CONDITION MET) 3) The offsite utility and paving work to support this project needs to be approved prior to receiving any permits for the development. 4) Contact Larry Redick at 972-323-8917 to discuss electric load requirements. Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @6S-1211R. SS 1-AR Item # 9 Page 1 of 5 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1211R, Service Star P & Z HEARING DATE: April 21, 2005 C.C. HEARING DATE: May 10, 2005 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: Southwest corner of S.H. 121 and MacArthur Boulevard. SIZE OF AREA: 2.2 acres of property. CURRENT ZONING: PD-199-HC-S-1211 (Planned Development-199-Highway Commercial-Special Use Permit-1211) REQUEST: PD-199-HC-S-1211R (Planned Development-199-Highway Commercial, Special Use Permit-1211 Revised) to allow the development of an auto repair garage, car wash, convenience store and gasoline service station. APPLICANT: Representative: Applicant: Bennett Ratliff Service Star Development Company PO Box 949 5670 Greenwood Plaza Blvd. Coppell, Texas 75019 Greenwood Village, Co 80111 (214 707-2924 (303) 529-2800 FAX: (972) 462-0020 FAX: (303) 529-2841 HISTORY: The subject property is part of Lot 3, Block G, a 49.20-acre tract within the Vista Ridge Addition. The property lies within Denton County and was originally part of the City of Lewisville when recorded in September of 1986. Since that time, the City of Coppell has annexed this and other portions of the Vista Ridge Business Park. Item # 9 Page 2 of 5 In September 1999, a request for a PD for a gas station, convenience store and car wash on 1.5 acres at this corner of S.H. 121 and MacArthur Boulevard was recommended for denial by staff. Due to this recommendation, the applicant requested a postponement until December of that year to allow for a redesign of the Site Plan and Elevations to address staff design concerns, but staff still strongly opposed the use at this location. On December 16, 1999, the Planning and Zoning Commission recommended denial of this request, and it was not appealed to City Council. In September 2001, Council approved a Site Plan and Replat to allow for the construction of a one-story, 71,000-square-foot office building on seven acres of this 26-acre parcel of land. The Site Plan would have expired on September 11, 2003; however, on September 9, 2003, Council approved a six-month extension. This extension expired in March 2004. On April 13, 2004, City Council overruled staff’s and Planning and Zoning Commission’s recommendation for denial and approved a Concept Planned Development to allow the construction of 210,000- square feet of office/warehouse/assembly buildings and five retail pad sites. In August 2004, Council approved the Detail Plan for the first phase of this development, consisting of three buildings, totaling 93,550-square feet. This first phase of development is currently under construction. Council also approved a Replat for the entire 25.81-acre tract at the same Public Hearing. Also approved in April of last year was SUP-1211 for a gas station and car repair on Lot 4 of this PD. However, per Sec. 12-30-2.5 of the Zoning Ordinance, “A building permit shall be applied for and secured within six months from the time of granting the special use permit provided; however, the city council may authorize an extension of this time upon recommendation by the planning and zoning commission”. The applicant did not seek an extension prior to the expiration of the SUP, therefore a new application is currently being considered here. On April 12, 2005, Council approved a rezoning request to amend PD-199-HC to allow for the development of the Bank of Texas on Lot 5 of this subdivision, subject to requesting that the City of Lewisville consider a deceleration lane to serve the southern driveway of this tract. Per staff’s request, Council denied the Replat for that property, because the Vista Point II, Lots 1-7, Block A, Amending Plat (which follows), incorporates all necessary revisions to Lot 5 to allow for the construction of this bank. Item # 9 Page 3 of 5 TRANSPORTATION:S.H. 121 is under construction to freeway standards with access roads, within 450 feet of right-of-way. MacArthur Boulevard, abutting this site, is in the City of Lewisville and is built as a six-lane divided thoroughfare. The City of Lewisville has the approval authority over driveway locations, deceleration lanes, median openings, etc. SURROUNDING LAND USE & ZONING: North - S.H. 121, City of Lewisville South –vacant (future Bank of Texas); PD-199-HC-R2 (Planned Development-Highway Commercial-Revision 2) East - office development, City of Lewisville West - vacant; PD-199-HC (Planned Development-199-Highway Commercial) COMPREHENSIVE PLAN: The Comprehensive Plan indicates this property suitable for mixed uses. DISCUSSION: This request is for a Shell gas station, convenience store, car wash and a Great American auto repair facility, including lube and tire sales, referred to as a one-stop auto repair. Specifically, this gas station is proposed to include a 2,107-square-foot convenience store and 1,075-square-foot car wash, behind a 3,120-square-foot canopy with five pump islands, which is large enough to accommodate 20 cars at one time. The Great American auto repair is proposed to be 6,150-square feet, with 42.5 feet of frontage along S.H. 121. As discussed in the HISTORY section, a SUP for the gas station/car wash/ car repair expired in October of last year, thus requiring a new SUP. The resubmitted Site Plan, Landscape Plan and Elevations are essentially as previously approved; however, they now reflect the configurations as indicated on the Amending Plat, which follows. This resubmitted SUP also addresses several of the outstanding conditions addressed in the original SUP, including: • Extension of the fire lane to encircle the gas pump canopy, further requiring that this entire fire lane from MacArthur to SH 121 be constructed prior to the issuance of a building permit for this development. • Reduction in the size of the lot by approximately 1,700 square feet to accommodate the deceleration lane along MacArthur Boulevard. • Addressed several drafting errors, such as location of the monument sign, deletion of random notes, correction of dimensions, etc. • Specified that the building materials and light standards will be the same as the balance of the tract (Lots 1 & 2). Item # 9 Page 4 of 5 • Includes all required landscape islands in the parking lot and enlarged them to meet the City’s minimum standards. This resulted in a reduction of number of parking spaces from 51 to 48, which still exceeds, by one parking space, the number of parking spaces required for these uses. The previously approved SUP also specified the following hours of operation: The Great American – 7:00 a.m. to 7:00 p.m., Monday through Friday, 7:00 a.m. to 5:00 p.m. Saturday, and closed on Sunday, and the Shell gas station and convenience store was approved to be open 24 hours a day/seven days a week. Other technical issues were addressed via PD-199-HC conditions include variances to location, number and size of monument and attached signs, landscape requirements, building setbacks, allowing metal awnings (canopies), etc. One outstanding issue remains, which was a condition when this property was rezoned over a year ago. The entire MacArthur Boulevard right-of- way, adjacent to this tract, is within the City of Lewisville. Therefore, their approval is required for the location and design of driveways and deceleration lanes adjacent to this tract. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Although staff has the same concerns over the appropriateness of the land use at this location as the original application, essentially, this is the same SUP that was approved by Council one year ago. Therefore, staff is recommending the re-issuance of this SUP-1211R for an auto repair garage, car wash, convenience store and gasoline service station, subject to: 1) City of Lewisville’s approval of the location and design of the driveway and deceleration lane on MacArthur Boulevard. 2) Update the Data Table on the Landscape Plan to reflect 48 instead of 49 parking spaces. 3) The offsite utility and paving work to support this project needs to be approved prior to receiving any permits for the development. 4) Contact Larry Redick at 972-323-8917 to discuss electric load requirements. Item # 9 Page 5 of 5 ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Site Plan 2) Landscape Plan 3) Building Elevations (4 sheets) 4) Floor Plans (2 sheets) 5) Monument Sign Elevations DEPT: Planning DATE: May 10, 2005 ITEM #: 21 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the Vista Point II, Lots 1-7, Block A, Amending Plat, to allow for the revision to fire lanes, property dimensions and calls to reflect the approved Site Plans and to correct various errors on 25.81 acres of property located at the southwest corner of S.H. 121 and MacArthur Blvd. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: April 21, 2005 Decision of P&Z Commission: Approval (7-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Milosevich, Kittrell and Reese voting in favor; none opposed. Approval is recommended, subject to the following conditions: 1) The City of Lewisville’s approval of the location and design of the driveways and deceleration lanes along MacArthur Boulevard and S.H. 121. 2) Contact Larry Redick at 972-323-8917 to discuss electric easement requirements. Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @7VPII, AP 1-AR Item # 10 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Vista Point II, Lots 1-7, Block A, Amending Plat P & Z HEARING DATE: April 21, 2005 C.C. HEARING DATE: May 10, 2005 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: Southwest corner of S.H. 121 and MacArthur Boulevard. SIZE OF AREA: 25.81 acres of property CURRENT ZONING: PD-199-HC (Planned Development-199-Highway Commercial) REQUEST: Approval of Amending Plat to allow for the revision to fire lanes, property dimensions and calls to reflect the approved Site Plans and to correct various errors. APPLICANT: Owner: Engineer: Jeff Libby David Littleton Standridge Companies Halff Associates 14860 Monfort Drive #241 8616 Northwest Plaza Drive Dallas, Texas 75254 Dallas, Texas 75225-4292 (214) 363-1998 (214) 346-6213 FAX: (214) 363-1997 FAX: (214) 361-5573 HISTORY: The subject property is part of Lot 3, Block G, a 49.20-acre tract within the Vista Ridge Addition. The property lies within Denton County and was originally part of the City of Lewisville when recorded in September of 1986. Since that time, the City of Coppell has annexed this and other portions of the Vista Ridge Business Park. In September 1999, a request for a PD for a gas station, convenience store and car wash on 1.5 acres at this corner of S.H. 121 and Item # 10 Page 2 of 4 MacArthur Boulevard was recommended for denial by staff. Due to this recommendation, the applicant requested a postponement until December of that year to allow for a redesign of the Site Plan and Elevations to address staff design concerns, but staff still strongly opposed the use at this location. On December 16, 1999, the Planning and Zoning Commission recommended denial of this request, and it was not appealed to City Council. In September 2001, Council approved a Site Plan and Replat to allow for the construction of a one-story, 71,000-square-foot office building on seven acres of this 26-acre parcel of land. The Site Plan would have expired on September 11, 2003; however, on September 9, 2003, Council approved a six-month extension. This extension expired in March 2004. On April 13, 2004, Council overruled staff’s and Planning and Zoning Commission’s recommendation for denial and approved the Concept Planned Development to allow the construction of 210,000- square feet of office/warehouse/assembly buildings and five retail pad sites. In August 2004, Council approved the Detail Plan for the first phase of this development, consisting of three buildings, totaling 93,550-square feet. This first phase of development is currently under construction. Council also approved a Replat for the entire 25.81-acre tract at the same Public Hearing. Also approved in April of last year was SUP-1211 for a gas station and car repair on Lot 4 of this PD. However, per Sec. 12-30-2.5 of the Zoning Ordinance, “A building permit shall be applied for and secured within six months from the time of granting the special use permit provided; however, the city council may authorize an extension of this time upon recommendation by the planning and zoning commission”. The applicant did not seek an extension prior to the expiration of the SUP; therefore, a new application is currently being considered on this agenda. On April 12, 2005, Council approved a rezoning request to amend PD-199-HC to allow for the development of the Bank of Texas on Lot 5 of this subdivision, subject to requesting that the City of Lewisville consider a deceleration lane to serve the southern driveway of this tract. Per staff’s request, Council denied the Replat for that property, because this Amending Plat incorporates all necessary revisions to Lot 5 to allow for the construction of this bank. Item # 10 Page 3 of 4 TRANSPORTATION:S.H. 121 is under construction to freeway standards with access roads, with 450 feet of right-of-way. MacArthur Boulevard, abutting this site, is in the City of Lewisville and is built as a six-lane divided thoroughfare. The City of Lewisville has the approval authority over driveway locations, deceleration lanes, median openings, etc. SURROUNDING LAND USE & ZONING: North - S.H. 121, City of Lewisville South – PD-132-SF-9, The Peninsulas of Coppell, and PD-149-SF-7, Vistas of Coppell East - PD-202-TH-1 and office park within the City of Lewisville West - Vistas of Coppell, PD-149-SF-7 (Single-Family) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for mixed-use development, including retail/commercial, office parks, schools, churches, and other compatible non- residential uses. DISCUSSION: This Amending Plat encompasses the entire 25.81 acres of property, which was originally, replatted in August of last year. The previous re-plat established the fire and deceleration lanes, revised lot lines, and reduced lot sizes due to required dedications. Since that time, construction began on three office/warehouse/assembly buildings on Lot 1; a Site Plan for a bank was approved on Lot 5; and, also on this agenda, is a request to re- approved the SUP for the gas station/convenience store/car wash and car repair on Lot 4, which expired in October of last year. These activities required that detailed engineering be completed. It became apparent that minor modifications are required to the existing filed plat to accommodate the proposed developments. This qualifies as a Minor Amending Plat per Section 212 of the Local Government Code and, therefore, neither notice nor hearing is required for the approval of this Amending Plat. However, given that there has been significant coordination issues among all parties involved, whereas the various Site Plans and Plats did not match, it was determined that this Plat be reviewed concurrently with the SUP for the service station, etc., and closely follow the Site Plan approval for the bank. The proposed Replat for the bank was, per staff’s request, denied by Council so that all current information could be reflected on this Amending Plat. In sum, this Amending Plat: Item # 10 Page 4 of 4 • Relocates the fire lanes approximately eight feet south to match approved Site Plans; • Revises and adds various lot dimensions; • Reflects revisions to the fire lanes and location of the mutual access driveway for the bank on Lot 5, and • Updates the Owner, Utility and City signature blocks, as necessary. As discussed in the companion SUP request, the entire MacArthur Boulevard right-of-way, adjacent to this tract, is within the City of Lewisville. An outstanding issue, which was a condition when this property was rezoned over a year ago, is the location of the driveways and deceleration lanes. At its meeting on April 12th, the Mayor and Council urged that the City of Lewisville approve a deceleration lane for lots along MacArthur Boulevard. If approved by the City of Lewisville, this deceleration lane needs to be reflected on this Amending Plat, prior to it’s filing with Denton County. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the Amending Plat for Vista Point II, Lots 1 –7, Block A, subject to: 1) The City of Lewisville’s approval of the location and design of the driveways and deceleration lanes along MacArthur Boulevard. 2) Contact Larry Redick at 972-323-8917 to discuss electric easement requirements. ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Amending Plat ...\dgn\223CFP01(rev).DGN 4/11/2005 2:48:53 PM ...\dgn\223CFP02(rev).dgn 4/11/2005 2:47:33 PM DEPT: Planning DATE: May 10, 2005 ITEM #: 22 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the Denton Tap Development, Lot 1, Block A, Site Plan (Wachovia Bank), to allow the construction of a 4,081-square-foot bank facility, with five drive-through lanes on 1.41 acres of property located at the northwest corner of Denton Tap Road and Fitness Court. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: April 21, 2005 Decision of P&Z Commission: Approval (5-2) with Commissioners Borchgardt, Hall, Foreman, Milosevich, and Reese voting in favor; Commissioners McCaffrey and Kittrell opposed. Approval is recommended, subject to the following conditions: 1) The bank facility be fully sprinkled. 2) Correction of the vicinity map. (CONDITION MET) 3) Assure compliance with Section 12-23-5.4 of the Zoning Ordinance, which states “Glass should not exceed 50 percent of the total area of any one façade of a building”. (CONDITION MET) 4) The addition of manufacture specs to elevation sheets, as provided on the color board. (CONDITION MET) Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @8DTD, SP (Wach) 1-AR Item # 11 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Denton Tap Development, Lot 1, Block A, Site Plan (Wachovia Bank) P & Z HEARING DATE: April 21, 2005 C.C. HEARING DATE: May 10, 2005 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: Northwest corner of Denton Tap Road and Fitness Court. SIZE OF AREA: 1.41 acres of property CURRENT ZONING: C (Commercial) REQUEST: Approval of a Site Plan to allow the construction of a new, 4,081 square foot Wachovia bank building, with five drive-through lanes. APPLICANT: Engineer: Applicant: Rhett Niewinski Ken Clausen Lawrence A. Cates & Assoc. Wachovia Bank, National Association 14800 Quorum Dr., Suite 200 5080 Spectrum Drive, Suite 400 Dallas, Texas 75254 Addison, Texas 75001 (972) 385-2272 (972) 419-3140 FAX: (972) 980-1627 HISTORY: A Preliminary Plat for the Denton Tap Development Addition was approved in 1997, which encompassed this tract, as well as the Everybody Fits lot and lot for the proposed Ballet Academy of Texas. In December 2001, Council approved a plat and Special Use Permit-1193 for Grandy’s restaurant. The approved Site Plan indicated a mutual access to the property to the north. However, due to issues with the abutting property owner, the site plan was revised, limiting access to two driveways along Fitness Court. Grandy’s closed in July of 2004. Item # 11 Page 2 of 4 TRANSPORTATION:Denton Tap Road is an improved six-lane divided thoroughfare (P6D) contained within a 100-foot wide right-of-way. SURROUNDING LAND USE & ZONING: North – Town Center West (PD-178-C) (Commercial) South - Taco Bell (S-1093-C) (Commercial-Special Use Permit) East - Shopping center; TC (Town Center) West - vacant; C (Commercial) COMPREHENSIVE PLAN: The Comprehensive Plan shows the properly suitable for neighborhood retail uses. DISCUSSION: The applicant, Wachovia bank, desires to demolish the existing vacant building, which formally housed a Grandy’s restaurant, and construct a 4,081-square-foot bank with 43 parking spaces and five drive-through lanes. The Landscape Plan exceeds the minimum requirements by providing additional buffers along the property lines and adding 15 ornamental trees to enhance the aesthetics of the site. While this use is appropriate and permitted by the existing zoning on the property, there are technical issues related to access, topography, and elevations which need to be addressed. As mentioned in the HISTORY section, the access and fire lanes for this property will be via two driveways along Fitness Court. However, given that the grades of the driveways exceed the maximum slope for fire lanes, this bank needs to be fully sprinkled. The architecture of the building has been substantially revised since the initial submittal. The applicant has made an effort to incorporate the design characteristics of Coppell while retaining the architectural elements of the prototypical Wachovia bank. Specifically, they have: increased the pitch of the standing seam metal roof; extended the roof line over the drive-through canopy; added a roof peak over the main entry doors, and are utilizing a combination of earth-tone brick and stone veneers, which are typical building materials used along Denton Tap Road. However, staff still has concerns with horizontal stone elements and the amount of glass utilized on the front façade. Per the provisions of the Zoning Ordinance, “glass should not exceed 50% of the total area of any one facade of the building”. The architect’s Item # 11 Page 3 of 4 calculations indicate that glass accounts for 42.3% of the front façade, facing Denton Tap Road; however, staff questions this calculation. Similar to the building design, Wachovia has revised their typical sign package to be in compliance with the City of Coppell Sign Ordinance. The proposed attached signage, which typically would be blue letters, has been changed to white individually- mounted letters, with a full color blue, green and white logo, which does not exceed 20% of the area of the sign. The 40-square-foot monument sign will be externally lit and will also contain white, individually pin-mounted letters with full color logo. The brick on this monument sign will match the brick on the building. Finally, the vicinity map needs to be corrected to indicate I-635 instead of S.H. 121 to the south of this property. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of Denton Tap Development, Lot 1, Block A, Site Plan for Wachovia bank, subject to the following conditions: 1) The bank facility be fully sprinkled. 2) Correction of the vicinity map. 3) Re-evaluation of the amount of glass and horizontal features in the front façade. 4) The addition of manufacture specs to elevation sheets, as provided on the color board. 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) Sign package 2) Site Plan 3) Landscape Plan 4) Elevations (2 sheets) Item # 11 Page 4 of 4 DEPT: Planning DATE: May 10, 2005 ITEM #: 23 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of the Denton Tap Development, Lot 1, Block A, Replat (Wachovia Bank), being a replat of the Grandy’s Addition, Lot 1, Block 1, Minor Plat, to allow the construction of a 4,081-square-foot bank facility, with five drive-through lanes on 1.41 acres of property located at the northwest corner of Denton Tap Road and Fitness Court. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: April 21, 2005 Decision of P&Z Commission: Approval (6-1) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Milosevich, and Reese voting in favor; Commissioner Kittrell opposed. Approval is recommended, subject to the following conditions: 1) Revise the City Secretary’s signature block to indicate this being a Replat, which is Lot 1, Block A, of the Denton Tap Development. (CONDITION MET) 2) Contact Larry Redick at (972) 323-8917 to discuss electric easement requirements. 3) The addition of a sprinkler system for fire protection has modified the plans. The modification may generate additional comments upon detailed Engineering review. Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @9DTD, RPL (Wach) 1-AR Item # 12 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Denton Tap Development, Lot 1, Block A, Replat (Wachovia Bank) P & Z HEARING DATE: April 21, 2005 C.C. HEARING DATE: May 10, 2005 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: Northwest corner of Denton Tap Road and Fitness Court. SIZE OF AREA: 1.41 acres of property CURRENT ZONING: C (Commercial) REQUEST: Approval of a Replat, being a replat of the Grandy’s Addition, Lot 1, Block 1, to allow the construction of a 4,081-square-foot Wachovia bank facility, with five drive-through lanes. APPLICANT: Engineer: Applicant: Rhett Niewinski Ken Clausen Lawrence A. Cates & Assoc. Wachovia Bank, National Association 14800 Quorum Dr., Suite 200 5080 Spectrum Drive, Suite 400 Dallas, Texas 75254 Addison, Texas 75001 (972) 385-2272 (972) 419-3140 FAX: (972) 980-1627 HISTORY: A Preliminary Plat for the Denton Tap Development was approved in 1997, which encompassed this tract, as well as the Everybody Fits and Ballet Academy of Texas tracts. In December 2001, Council approved a plat and Special Use Permit-1193 for Grandy’s restaurant. The approved Site Plan indicated a mutual access to the property to the north. However, due to Item # 12 Page 2 of 3 issues with the abutting property owner, the Site Plan was required to be revised to limit the access to two driveways along Fitness Court. Grandy’s closed in July of 2004. TRANSPORTATION:Denton Tap Road is an improved six-lane divided thoroughfare (P6D) contained within a 100-foot wide right-of-way. SURROUNDING LAND USE & ZONING: North -Town Center West (PD-178-C) (Commercial) South -Taco Bell (S-1093-C) (Commercial-Special Use Permit) East - Shopping center; TC (Town Center) West - vacant; C (Commercial) COMPREHENSIVE PLAN: The Comprehensive Plan shows the properly suitable for neighborhood retail uses. DISCUSSION: This is the companion request to the Site Plan approval for Wachovia bank. As discussed, this property was previously platted to allow the construction of a Grandy’s restaurant. Therefore, various easements, both utility and fire lane, need to be revised to accommodate this new bank development. Since the utility plans were submitted and reviewed, a condition has been added which requires the sprinkling of the building due to the grades of the fire lanes. Therefore, the Engineering Department noted that additional comments during engineering review might be forthcoming. One correction is needed to the City Secretary’s signature block to include the specific name of the Replat being approved. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Denton Tap Development, Lot 1, Block A, Replat, subject to: 1) Revise the City Secretary’s signature block to indicate this being a Replat, which is Lot 1, Block A, of the Denton Tap Development. 2) Contact Larry Redick at (972) 323-8917 to discuss electric easement requirements. Item # 12 Page 3 of 3 3) The addition of a sprinkler system for fire protection has modified the plans. The modification may generate additional comments upon detailed Engineering review. ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Replat DEPT: Engineering DATE: May 10, 2005 ITEM #: 24 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of awarding Bid/Contract # Q-0405-02 to Pavement Services Corp. for the construction of the Brick Paver Replacement Program in an amount of $247,571, as provided for in IMF funds; and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: This project consists of crosswalk improvements in various intersections along MacArthur Blvd. Two bids were received and open on April 26, 2005. Pavement Services Corp. submitted the low bid of $237,571. The city is offering a $10,000 bonus if the project is complete in 40 Calendar Days. Pavement Services Corp. has worked in the city for several years on our annual pavement replacement program. Staff recommends approval of the contract with Pavement Services Corp. for the construction of the Brick Paver Replacement Program and will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Funds have been provided in the Infrastructure Maintenance Fund for this contract. Agenda Request Form - Revised 09/04 Document Name: #Brick Paver MEMORANDUM TO:Mayor and City Council FROM:Kenneth M. Griffin, P.E., Director of Engineering/Public Works DATE:May 10, 2005 REF: Consider approval of awarding Bid/Contract #Q-0405-02 to Pavement Services Corp. for the construction of the Brick Paver Replacement Program in an amount of $247,571, as provided for in IMF funds; and authorizing the City Manager to sign. On March 8, 2005, City Council approved a resolution to allow the closure of one lane of MacArthur Blvd. during the reconstruction of the various brick paver bands along MacArthur Blvd. Subsequent to that action, the city placed the project out to bid. On April 26, 2005, the City received two bids for the removal and replacement of the brick pavers along MacArthur Blvd. at Bethel School Rd., Condor Dr., Village Parkway South, Village Parkway North, Parkway Blvd., and Samuel Blvd. Also, during the March 8, 2005 City Council meeting, the City Council granted permission to bid the project, not only with our approved Stamped Concrete and an alternate product of stamped and dyed asphalt. The two bids received were from Pavement Services and North Texas Bomanite. There was a substantial disparity between the two bids, with North Texas Bomanite being twice the cost of Pavement Services. Pavement Services has been working for the City of Coppell for numerous years under a renewable contract to remove and replace various sections of streets and alleys as part of our yearly infrastructure maintenance program. Even though they have been working for the city for numerous years, we still scheduled a meeting with them prior to a recommendation of the award of this project to ensure that they had a full and comprehensive understanding of the scope of the project. During the course of the meeting, there were no concerns generated about whether or not they could complete this project as bid. They seemed to have a full understanding of the project and had already started the process of thinking through how they would route traffic and construct the project. Even though they bid 60 Calendar Days on this project, they indicated that their intention is to complete this project in 40 or less days to be eligible to obtain the early completion bonus. This project, as previously mentioned, was bid with not only Stamped Concrete, but also with Stamped and Dyed Asphalt. The Stamped Concrete was approximately $27,000 higher in cost than the Stamped and Dyed Asphalt. However, going into this project we had already made a determination that whatever was used in this brick paver replacement project would also be utilized for the brick paver band at Riverchase Drive, which is a part of the MacArthur Blvd. widening project. That project is also being considered for award this evening. In reviewing the bids for the MacArthur Blvd. widening, it is noted that the Stamped and Dyed Asphalt was actually $10,000 higher than the Stamped Concrete. Comparing both bids together, in regard to Stamped and Dyed Asphalt and Stamped Concrete, there is only approximately $17,000 difference between the two products. Because there was only approximately a $17,000 difference between the two products and the fact that Stamped Concrete is the city’s approved standard, we are recommending that the Brick Paver Replacement Program be awarded using Stamped Concrete in the amount of $247,571. This total includes the $10,000 bonus if the project is completed in 40 or less days. If the contractor takes the entire 60 days then the total cost of the project would be $237,571. This Brick Paver Replacement project is actually a compilation of the FY 2002/03, 2003/04 and 2004/05 Brick Paver Replacement projects as identified in the Infrastructure Maintenance Fund. From conception to construction, this project took a substantial amount of time to try to ascertain the approach to the project in regard to traffic. In the final analysis, as noted by the March 8, 2005 agenda item, the only reasonable solution for the reconstruction of the Brick Pavers was to close off one lane of MacArthur Blvd. during the summer months. Staff recommends the award of the Brick Paver Replacement Program in an amount of $247,571 to Pavement Services Corp. Staff will be available to answer any questions at the Council meeting. BID TABULATION: BRICK PAVER REPLACEMENT PROGRAM # MA 04/05 ALTERNATE ‘A’ItemQuantityUnitDescriptionPavement ServicesNorth Texas BomaniteUnit PriceTotal PriceUnit PriceTotal PriceA-16EAMobilization & Demobilization2,531.0015,186.0015,855.0095,130.00A-21472SYBrick Paver Removal5.007,360.0019.5028,704.00A-31428SYConcrete Pavement Removal22.0031,416.0066.0094,248.00A-499SY8” Concrete Pavement60.005,940.00190.0018,810.00A-51324SY8” Concrete Pavement108.00142,992.00120.00158,880.00A-61193SYFlexible Base (Type ‘A’, Grade 1)19.0022,667.0018.0021,474.00A-758SYBrick Paver Replacement85.004,930.001,035.0060,030.00A-86EAImplementation of Traffic Control600.003,600.0010,600.0063,600.00A-960CYSubgrade Failure Repair58.003,480.00115.006,900.00Calendar Days6073$ 237,571.00$ 547,776.00BONUS / Complete in Less than 40 Days$ 10,000.00$ 10,000.00$ 247,571.00$ 557,776.00 BID TABULATION: BRICK PAVER REPLACEMENT PROGRAM # MA 04/05 ALTERNATE ‘B’ItemQuantityUnitDescriptionPavement ServicesNorth Texas BomaniteUnit PriceTotal PriceUnit PriceTotal PriceB-16EAMobilization & Demobilization2,531.0015,186.0015,855.0095,130.00B-21472SYBrick Paver Removal5.007,360.0019.5028,704.00B-31428SYConcrete Pavement Removal22.0031,416.0066.0094,248.00B-499SY8” Concrete Pavement60.005,940.00190.0018,810.00B-51324SY2” Stamped Asphalt47.0062,228.0051.5068,186.00B-61324SY4” Type ‘B’ HMAC22.0029,128.0024.5032,438.00B-71400SYFlowable Backfill27.0037,800.0031.5044,100.00B-858SYBrick Paver Replacement85.004,930.001,036.0060,030.00B-96EAImplementation of Traffic600.003,600.0010,600.0063,600.00B-1060CYSubgrade Failure Repair58.003,480.00115.006,900.00Calendar Days6073$ 201,068.00$ 512,146.00BONUS / Complete in Less than 40 Days$ 10,000.00$ 10,000.00$ 211,068.00$ 522,146.00 DEPT: Engineering DATE: May 10, 2005 ITEM #: 25 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of awarding Bid/Contract # Q-0405-03 to JRJ Paving, L.P., for the construction of the MacArthur Boulevard Widening Project, from Bethel School Rd. to Belt Line Rd., in an amount of $319,988.85, as provided for in CIP funds; and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: This project consists of the construction of a third southbound lane from Bethel School Rd. to a point approximately 430 feet north of Belt Line Rd. The low bidder on the project was JRJ Paving, L.P. with a bid amount of $319,988.85. Staff recommends approval of the contract with JRJ Paving L.P. for the construction of the MacArthur Boulevard Widening project and will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Funds are available in the Street CIP accounts for this project. Agenda Request Form - Revised 09/04 Document Name: #MacArthur MEMORANDUM TO:Mayor and City Council FROM:Keith Marvin, P.E., Civil Engineer DATE:May 10, 2005 REF: Consider approval of awarding Bid/Contract # Q-0405-03 to JRJ Paving, L.P., for the construction of the MacArthur Boulevard Widening Project, from Bethel School Rd. to Belt Line Rd., in an amount of $319,988.85, as provided for in CIP funds; and authorizing the City Manager to sign. On April 26, 2005 the City of Coppell received and opened three bids for the construction of the MacArthur Boulevard Widening project. This project consists of the construction of a third southbound lane from Bethel School Road to a point approximately 430 feet north of Belt Line Road. This point corresponds to the recently completed Congestion Mitigation and Air Quality (CMAQ) project constructed by Dallas County in conjunction with TxDOT. See the attached exhibit for additional information on the location of the project. In 1997, City of Coppell staff began design work on a project to widen MacArthur Blvd. from Bethel School Rd. to Belt Line Rd. Once the CMAQ intersection improvements were completed by Dallas County, city staff finished the design of the widening and we are now ready to proceed with construction. In addition to the widening we have included the brick paver replacement at the intersection of Riverchase Drive and MacArthur Boulevard in this project. Since this intersection is in the middle of the widening project we did not want to have two different contractors trying to work in the same area. The low bidder on the project was JRJ Paving, L.P., of Denton, Texas, with a bid amount of $319,988.85. This bid was for ‘Alternate A’ which includes stamped concrete to replace the brick pavers as opposed to ‘Alternate B’ which was for stamped asphalt. The stamped concrete was a lower priced option under this bid, and there was no difference in the length of time bid for the two alternates. This contractor has not performed work within the City of Coppell in the recent past, however references were checked, and there was no indication that they would not be able to complete the job. The Engineering Department designed this project in-house, and our estimate of cost was $320,854 for the construction. The bids ranged from the low bid of $319,988.85 to a high bid of $364,936. Staff recommends award of the contract for the construction of the MacArthur Boulevard Widening project to JRJ Paving, L.P., in an amount of $319,988.85, with an estimated completion time of 75 calendar days. Staff will be available to answer any questions at the Council BID TABULATION: MacARTHUR BLVD. WIDENING (from Bethel School to Belt Line) PROJECT # ST 97-03 Alternate ‘A' (STAMPED CONCRETE)ItemQuantityUnitDescriptionEngineer’sEstimateJRJ PavingTiseo PavingRebcon, Inc.Total PriceUnit PriceTotal PriceUnit PriceTotal PriceUnit PriceTotal PriceI-11LSMobilization & Demobilization35,000.0022,000.0022,000.0012,000.0012,000.0018,000.0018,000.00I-21884LFRemove & Dispose of Concrete Curb &Paving15,072.006.2211,718.4810.0018,840.007.0013,188.00I-31299CYExcavation /Removal of Excess Material10,392.0010.1713,210.8311.0014,289.0017.0022,083.00I-42EARelocation of Air Release Valves16,000.0010,000.0020,000.0011,000.0022,000.008,400.0016,800.00I-51LSExtension of Irrigation Conduit at MedianOpenings500.004,600.004,600.0016,000.0016,000.003,00.003,000.00I-62579SYSubgrade Preparation25,790.008.0620,786.745.0012,895.007.0018,053.00I-72374SY8” Concrete Pavement with MonolithicCurb118,700.0041.2097,808.8042.0099,708.0058.00137,692.00I-8164SYStamped Concrete for Median Noses16,400.00126.0020,664.0085.0013,940.0080.0013,120.00I-91LSStriping & Signage5,000.004,200.004,200.004,000.004,000.002,000.002,000.00I-101LSRestore Irrigation System20,000.0010,000.0010,000.0016,000.0016,000.0035,000.0035,000.00I-111LSFinal Shaping and Sodding of Median5,000.0013,000.0013,000.0040,000.0040,000.0011,000.0011,000.00I-121LSFurnish, Install, Maintain & RemoveTraffic Control Devices5,000.006,000.006,000.006,000.006,000.0016,000.0016,000.00I-131LSFurnish, Install, Maintain & RemoveErosion Control Devices3,000.005,000.005,000.006,000.006,000.002,000.002,000.00I-141LSBrick Paver Replacement at RiverchaseDr.45,000.0071,000.0071,000.0040,000.0040,000.0057,000.0057,000.00 Calendar Days75 Days60 Days90 Days$ 320,854.00$ 319,988.85$ 321,672.00$ 364,936.00 BID TABULATION: MacARTHUR BLVD. WIDENING (from Bethel School to Belt Line) PROJECT # ST 97-03 Alternate ‘B' (STAMPED AND DYED ASPHALT)ItemQuantityUnitDescriptionEngineer’sEstimateJRJ PavingTiseo PavingRebcon, Inc.Total PriceUnit PriceTotal PriceUnit PriceTotal PriceUnit PriceTotal PriceI-11LSMobilization & Demobilization35,000.0022,000.0022,000.0012,000.0012,000.0018,000.0018,000.00I-21884LFRemove & Dispose of Concrete Curb &Paving15,072.006.2211,718.4810.0018,840.007.0013,188.00I-31299CYExcavation /Removal of Excess Material10,392.0010.1713,210.8311.0014,289.0017.0022,083.00I-42EARelocation of Air Release Valves16,000.0010,000.0020,000.0011,000.0022,000.008,400.0016,800.00I-51LSExtension of Irrigation Conduit at MedianOpenings500.004,600.004,600.0016,000.0016,000.003,00.003,000.00I-62579SYSubgrade Preparation25,790.008.0620,786.745.0012,895.007.0018,053.00I-72374SY8” Concrete Pavement with MonolithicCurb118,700.0041.2097,808.8042.0099,708.0058.00137,692.00I-8164SYStamped Concrete for Median Noses16,400.00126.0020,664.0085.0013,940.0080.0013,120.00I-91LSStriping & Signage5,000.004,200.004,200.004,000.004,000.002,000.002,000.00I-101LSRestore Irrigation System20,000.0010,000.0010,000.0016,000.0016,000.0035,000.0035,000.00I-111LSFinal Shaping and Sodding of Median5,000.0013,000.0013,000.0040,000.0040,000.0011,000.0011,000.00I-121LSFurnish, Install, Maintain & RemoveTraffic Control Devices5,000.006,000.006,000.006,000.006,000.0016,000.0016,000.00I-131LSFurnish, Install, Maintain & RemoveErosion Control Devices3,000.005,000.005,000.006,000.006,000.002,000.002,000.00I-141LSBrick Paver Replacement at RiverchaseDr.45,000.0081,000.0081,000.0094,000.0094,000.0053,000.0053,000.00 Calendar Days75 Days60 Days90 Days$ 320,854.00$ 329,988.85$ 375,672.00$ 360,936.00 DATE:May 10, 2005 ITEM #: 26 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork DATE: May 10, 2005 ITEM #: 27 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding the Relay for Life. C. Report by Mayor Stover regarding the Prayer Breakfast. D. Report by Mayor Stover regarding Jim Jackson’s Town Hall Meeting. E. Report by Mayor Stover regarding Election Results. F. Report by Councilmember Peters regarding TML Legislative Update. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: May 10, 2005 ITEM #: 28 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: May 10, 2005 Department Submissions: Item No. 10 was placed on the Agenda for the above-referenced City Council meeting by the Fire Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Fire Department Item No. 11 was placed on the Agenda for the above-referenced City Council meeting by the Police Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Police Department Item Nos. 14/B, 14/C, 14/D, 14/E, 24 and 25 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. 14/F, 14/G, 14/H, 14/I, 15, 16, 17, 18, 19, 20, 21, 22 and 23 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