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CP 2005-07-12 NOTICE OF CITY COUNCIL MEETING AND AGENDA JULY 12, 2005 DOUG STOVER, TIM BRANCHEAU, Place 1 Mayor Mayor Pro Tem JAYNE PETERS, Place 2 BILLY FAUGHT, Place 5 BRIANNA HINOJOSA-FLORES, Place 3 THOM SUHY, Place 6 MARSHA TUNNELL, Place 4 BILL YORK, Place 7 JIM WITT, City Manager MEETING TIME AND PLACE: Call to Order 5:30 p.m. Council Chambers (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:00 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, July 12, 2005, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell 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: ITEM #ITEM DESCRIPTION 1. Call to order. ag071205 Page 1 of 7 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion 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. 2. Discussion regarding settlement with TXU Electric Delivery regarding show cause action relating to electric delivery rates. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Board/Commission Interviews. B. Discussion regarding residential streets eligible to be posted at 25 mph. C. Discussion regarding Parade Safety. D. Discussion regarding Electronic Voter and Speaker Que for Council Chambers. E. 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. 6. Pledge of Allegiance. 7. Citizens' Appearances. ag071205 Page 2 of 7 ITEM # ITEM DESCRIPTION CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: June 28, 2005. B. Consider approval of a resolution approving a License Agreement between Dallas Area Rapid Transit (DART) and the City of Coppell for the purpose of constructing, installing, operating and maintaining a 16" water line crossing near Denton Tap Road; and authorizing the City Manager to execute all necessary documents associated with the License Agreement; and authorizing the Mayor to sign. C. Consider approval of an Ordinance for Case No. PD-210-SF-9(CH), Kaye Street, zoning change from SF-12 (Single Family-12) to PD-210- SF-9(CH) (Planned Development-210-Single Family-9, Called Hearing) to allow for the retention of existing homes and permit the development and redevelopment of homes on existing lots and to allow the replatting of lots to a minimum of 9,000-square feet on property located along the north and south sides of Kaye Street, east of Coppell Road, encompassing 35 lots (412 & 420 Coppell Road and 300-426 Kaye Street), and authorizing the Mayor to sign. END OF CONSENT 9. PUBLIC HEARING: Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is the property owned by BCE Specialties, Inc. and BBJ & E Ltd., described as Lot 2R, Four Seasons Addition (4.095 acres) and located at the southeast corner of Sandy Lake Road and Royal Lane. 10. Consider approval of an Ordinance designating BCE Specialties, Inc. and BBJ & E Ltd., Reinvestment Zone No. 46, and authorizing the Mayor to sign. 11. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and BCE Specialties, Inc. and BBJ & E Ltd., and authorizing the Mayor to sign. ag071205 Page 3 of 7 ITEM # ITEM DESCRIPTION 12. PUBLIC HEARING: Consider approval of Case No. S-1036-LI(CH), Gifford Hill Plant #4 (Southern Star Concrete), to consider a change in zoning from the base zoning of HI (Heavy Industrial) to LI (Light Industrial) for S-1036 (Special Use Permit-1036) and allowing for the retention of the existing concrete batch plant on 5.5 acres of property located at 601 S.H. 121, west of Ace Lane. (Planning and Zoning Commission Called Public Hearing). 13. PUBLIC HEARING: Consider approval of Case No. S-1225-LI, Osburn Contractors, to consider a change in zoning from LI (Light Industrial) to S-1225-LI (Special Use Permit-1224-Light Industrial), to allow the operation of a temporary concrete batch plant for a time period not to exceed nine (9) months on 16 acres of property located at the northwest corner of Beltline and Airline Drive (Park West Commerce Center, Lot 2R-3, Block 2). 14. PUBLIC HEARING: Consider approval of the Shadydale Acres, Lots 3R and 4R, Block C, Replat, being a replat of the north half of Tract 3 and the south half of Tract 4, Block C, to allow the construction of two single-family homes on 1.733 acres of property located at 132 and 136 Shadydale Lane. 15. PUBLIC HEARING: Consider approval of Case No. PD-205R-HC, Vista Ridge Addition, Lots 1BR-8X, Block D (The Plaza), zoning change request from PD-205-HC (Planned Development-205-Highway Commercial) to PD-205R-HC (Planned Development-205 Revised-Highway Commercial), to amend the Planned Development to revise the Detail Site Plan to allow: a decrease in the number of buildings from 6 to 5 and number of parking spaces; an increase in the size of the total square footage from approximately 62,600- square feet to approximately 74,300-square feet, a modification of usage and revisions to the elevations for the proposed one- and two-story general and medical office buildings on 7.77 acres of property located along the north side of S.H. 121, approximately 670 feet east of Denton Tap Road. 16. PUBLIC HEARING: Consider approval of Case No. PD-203R-R, Nationwide Insurance, zoning change request from PD-203-R (Planned Development-203-Retail) to PD- 203R-R (Planned Development-203 Revised-Retail) to amend the Planned Development to allow the construction of a 3,028-square-foot office building on 0.42 of an acre of property located at the southwest corner of Sandy Lake and Moore Roads. ag071205 Page 4 of 7 ITEM # ITEM DESCRIPTION 17. PUBLIC HEARING: Consider approval of the Stringfellow Addition, Lot 1R, Block A, Replat, (Nationwide Insurance), being a replat of Tract 1, Block A, to allow the construction of a 3,028-square-foot office building on 0.42 of an acre of property located at the southwest corner of Sandy Lake and Moore Roads. 18. PUBLIC HEARING: Consider approval of Case No. PD-108R6-H, Historic Coppell Properties, Ltd., zoning change request from PD-108-H and H (Planned Development- 108-Historic and Historic) to PD-108R6-H (Planned Development-106 Revision 6-Historic), to amend the Planned Development and attach a Detail Site Plan to allow the development of two medical and office buildings totaling 33,108-square feet on approximately 3.3 acres of property located along the south side of Bethel Road, approximately 185 feet east of Coppell Road. 19. Consider approval of the Historic Coppell Properties, Ltd., Addi tion, Lots 1 and 2, Block 1, Minor Plat, to allow the development of a 16,687-square- foot medical and office building on Lot 1, containing approximately 1.6 acres of property, and platting Lot 2, containing approximately 1.6 acres, for development of a future 16,421-square-foot medical and office building in Phase Two, located along the south side of Bethel Road, approximately 185 feet east of Coppell Road. 20. Consider approval of a resolution adopting the approved preferred alignment of Sandy Lake Road (Coppell Road to Denton Tap Road) as described in the Memorandum of Agreement, and authorizing the Mayor to sign; and consider approval of the Supplemental Agreement to the Master Agreement Governing Transportation Major Capital Improvement Projects between the County of Dallas and the City of Coppell, and authorizing the City Manager to sign. 21. Consider approval of an Ordinance denying the request by Atmos Energy Corporation to implement an annual gas reliability infrastructure program rate increase, providing for notice hereof to said company, and authorizing the Mayor to sign. 22. Consider approval of a Settlement Agreement between the city of Coppell and TXU Electric Delivery regarding show cause action relating to electric delivery rates, and authorizing the City Manager to sign. 23. Necessary action resulting from Work Session. ag071205 Page 5 of 7 ITEM # ITEM DESCRIPTION 24. City Manager's Report. A. Council Goals FY 2006 25. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. 26. 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 DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. ag071205 Page 6 of 7 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. ag071205 Page 7 of 7 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: July 12, 2005 ITEM #: ES-2 AGENDA REQUEST FORM EXECUTIVE SESSION A. Section 551.071, Texas Government Code – Consultation with City Attorney. 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. 2. Discussion regarding settlement with TXU Electric Delivery regarding show cause action relating to electric delivery rates. Agenda Request Form - Revised 02/04 Document Name: %executivesession DATE: July 12, 2005 ITEM #:WS-3 AGENDA REQUEST FORM WORK SESSION A. Discussion regarding Board/Commission Interviews. B. Discussion regarding residential streets eligible to be posted at 25 mph. C. Discussion regarding Parade Safety. D. Discussion regarding Electronic Voter and Speaker Que for Council Chambers. E. Discussion of Agenda Items. Agenda Request Form - Revised 02/04 Document Name: %worksession COPPELL COUNCIL CALENDAR OF EVENTSAUGUST 2005 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 7 AUGUST8 95:30 PM-*(1) CITY COUNCIL MEETING 10 CEDC 11 LIBRARY BOARD 121314 15 First day of School 161718PLANNING & ZONING COMMISSION KEEP COPPELL BEAUTIFUL 192021 22235:30 PM-*(1) CITY COUNCIL MEETING 2425262728 29 3031 1 SEPTEMBER7:30 PM - *(1) BOARD OF ADJUSTMENT 2 3 DATE: July 12, 2005 ITEM #: 7 AGENDA REQUEST FORM CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS ". . . 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %citapp.doc DEPT: City Secretary DATE: July 12, 2005 ITEM #: 8/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of minutes: June 28, 2005 GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: %minutes CM062805 Page 1 of 7 MINUTES OF JUNE 28, 2005 The City Council of the City of Coppell met in Regular Called Session on Tuesday, June 28, 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 Tim Brancheau, Mayor Pro Tem Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Thom Suhy, Councilmember Councilmember York was absent from the meeting. Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. ITEM # ITEM DESCRIPTION 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. Discussion 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. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding sale of land East of Coppell Road and South of Bethel Road. CM062805 Page 2 of 7 Mayor Stover convened into Executive Session at 5:50 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 6:51 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Electronic Voter and Speaker Que in Council Chambers. B. Discussion regarding the 379A Election for September 10, 2005. C. Discussion of Agenda Items. 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. Councilmember Faught led those present in the Invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Report by Parks and Recreation Board. This report was postponed until a later meeting. 8. Appearance by Cary Jay Cross regarding City Integrity/Traffic Enforcement/Municipal Court. CM062805 Page 3 of 7 Mr. Cross made a presentation to Council. 9. Citizens' Appearances. Lee Foreman, 629 Pheasant Lane, spoke regarding Police and Mr. Cross’ presentation. CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: June 14, 2005 June 17, 2005. B. Consider approval of an Agreement of Cooperation for CDBG/Home Program and authorizing the Mayor and City Manager to sign. Action: Councilmember Suhy moved to approve Consent Agenda items A and B. Councilmember Hinojosa-Flores seconded the motion, the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and Suhy voting in favor of the motion. 11. Consider approval of an Ordinance of the City of Coppell, Texas, ordering a Special Election to be held September 10, 2005 to consider the adoption and extension of the one-half of one percent sales and use tax for a period of two (2) years for the purpose of financing authorized programs of the Coppell Education Development Corporation of Coppell; authorizing the City Manager to enter into and sign a Joint Election Agreement and Election Service Contract with Dallas County Elections Department for conducting the Municipal Election; and authorizing the Mayor to sign. Presentation: Mayor Stover made a presentation to Council. CM062805 Page 4 of 7 Action: Councilmember Peters moved to approve Ordinance No. 2005-1100 with the original ballot language. There was a call for an Executive Session at this time. EXECUTIVE SESSION (Closed to the Public) 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 8:30 p.m. and reopened the Regular Session. REGULAR SESSION (Open to the Public) Councilmember Faught seconded the motion, the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa- Flores, Tunnell, Faught and Suhy voting in favor of the motion. 12. Consider Council appointment to the Metrocrest Family Medical Clinic. Action: Councilmember Brancheau moved to appoint Brianna Hinojosa-Flores. Councilmember Peters seconded the motion, the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and Suhy voting in favor of the motion. Item 16 was discussed at this time. Please see Item 16 for minutes. 13. Necessary action resulting from Work Session. There was no action necessary under this item. 14. Mayor and Council Reports. A. Report by Councilmember Peters regarding TML’s Legislative Update. CM062805 Page 5 of 7 A. Councilmember Peters reported on the Texas Municipal League meeting she and Deputy City Manager Phillips attended. The main item of discussion was the legislation being discussed in the Special Called Legislative Session. 15. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell. B. Coppell ISD – Councilmembers Faught and Suhy. C. Coppell Seniors – Mayor Pro Tem Brancheau. D. Dallas Regional Mobility Coalition - Councilmember Peters. E. Economic Development Committee - Councilmembers Suhy and York. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Medical Foundation - Councilmember Hinojosa-Flores. 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 Hinojosa-Flores. A. There was nothing to report on this item. B. Councilmember Faught reminded everyone that it is time to renew the Coppell High School Football Season Tickets and reported that expansion of the High School Cafeteria has been postponed. Councilmember Suhy announced that the students have been chosen to serve on the Coppell Youth Leadership program for this year. C. Mayor Pro Tem Brancheau announced that the monthly luncheon would be held Wednesday, June 29, 2005. D. Councilmember Peters announced that two members of the Texas Transportation Board have resigned. CM062805 Page 6 of 7 E. There was nothing to report on this item. F. Councilmember Tunnell reported they are still working on hiring a new operator for the hospitals. G. There was nothing to report on this item. H. Mayor Pro Tem Brancheau reported on the Metrocrest Social Service Center meeting he attended June 16, 2005. The main item of discussion was United Way funding. I. There was nothing to report on this item. J. There was nothing to report on this item. K. There was nothing to report on this item. L. Councilmember Faught announced that the Senior Adult Services golf tournament would be held in October. 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 B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding sale of land East of Coppell Road and South of Bethel Road. Mayor Stover convened into Executive Session at 9:00 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 9:02 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) CM062805 Page 7 of 7 16. Necessary Action Resulting from Executive Session. There was nothing to report on this item. There being no further business to come before the City Council, the meeting was adjourned. _____________________________________ Douglas N. Stover, Mayor ATTEST: _________________________________ Libby Ball , City Secretary DEPT: Engineering DATE: July 12, 2005 ITEM #: 8/B AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a resolution approving a License Agreement between Dallas Area Rapid Transit (DART) and the City of Coppell for the purpose of constructing, installing, operating and maintaining a 16" water line crossing near Denton Tap Road; and authorizing the City Manager to execute all necessary documents associated with the License Agreement; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of the resolution will approve the license agreement and allow the City Manger to execute the license agreement needed for the installation of a 16" water line, which will cross the Cotton Belt Line at Mile Post 608.35, near Denton Tap Rd. The DART crossing will be constructed with the Denton Tap Road water line project from Bethel Rd. to Airline Dr. Staff will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: #DART Lic Agmt MEMORANDUM TO:Mayor and City Council FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works DATE:July 12, 2005 REF:Consider approval of a resolution approving a License Agreement between Dallas Area Rapid Transit (DART) and the City of Coppell for the purpose of constructing, installing, operating and maintaining a 16" water line crossing near Denton Tap Road; and authorizing the City Manager to execute all necessary documents associated with the License Agreement; and authorizing the Mayor to sign. On April 9, 2002, the City of Coppell approved a design contract with Birkhoff, Hendricks & Conway Consulting Engineers for the design of a 16" water line along Belt Line Rd./Denton Tap Rd. from Airline Dr. to Bethel Rd. Currently, an 8" water line exists in that location. The replacement of the 8" with the 16" water line was identified on the City of Coppell's Water Master Plan. In order to construct the water line, we will need to pass beneath the DART rail line located approximately midway between Southwestern Blvd. and Bethel Rd. Information concerning the crossing was previously submitted to DART, which has subsequently approved the crossing. This agenda item is seeking approval of the license agreement provided by DART and authorizing the City Manager to execute all necessary documents associated with the license agreement. The license agreement is virtually identical to the seven other license agreements that the City has obtained to cross DART rail line at various locations within the City. Staff recommends approval of the license agreement between Dallas Area Rapid Transit and the City of Coppell and approval of the authorization for the City Manager to execute all necessary documents. Staff will be available to answer any questions at the Council meeting. RESOLUTION NO. ________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, APPROVING A LICENSE AGREEMENT BETWEEN DALLAS AREA RAPID TRANSIT AND THE CITY OF COPPELL FOR THE PURPOSE OF CONSTRUCTING, INSTALLING, OPERATING AND MAINTAINING A 16" WATER LINE CROSSING NEAR DENTON TAP ROAD, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS ASSOCIATED WITH THE LICENSE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council of the City of Coppell hereby approves the License Agreement between Dallas Area Rapid Transit and the City of Coppell. SECTION 2. That the City Manager is hereby authorized to execute all documents associated with the License Agreement between Dallas Area Rapid Transit and the City of Coppell for the purpose of constructing, installing, operating and maintaining a 16" water line crossing near Denton Tap Road in association with the installation of the Denton Tap Road Water Line Project No. WA 97-01. SECTION 3. This Resolution shall become effective immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the _______ day of _______________, 2005. APPROVED: DOUGLAS N. STOVER, MAYOR ATTEST: APPROVED AS TO FORM: LIBBY BALL, CITY SECRETARY __________________________________ ROBERT E. HAGER, CITY ATTORNEY DEPT: Planning DATE: July 12, 2005 ITEM #: 8/C AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-210-SF-9(CH), Kaye Street, zoning change from SF-12 (Single Family-12) to PD-210-SF-9(CH) (Planned Development-210-Single Family-9, Called Hearing) to allow for the retention of existing homes and permit the development and redevelopment of homes on existing lots and to allow the replatting of lots to a minimum of 9,000-square feet on property located along the north and south sides of Kaye Street, east of Coppell Road, encompassing 35 lots (412 & 420 Coppell Road and 300-426 Kaye Street), and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On May 19, 2005, the Planning Commission unanimously approved this zoning change (5-0). On June 14, 2005, Council unanimously approved this zoning change (7-0). Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name:@PD-210-SF-9(CH)ORD 1-AR(Con) 1 75470 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 SF-12 (SINGLE FAMILY-12) TO PD-210-SF-9(CH) (PLANNED DEVELOPMENT-210-SINGLE FAMILY-9) TO PERMIT THE DEVELOPMENT AND REDEVELOPMENT OF SINGLE FAMILY RESIDENCES ON EXISTING LOTS AND TO ALLOW THE REPLATTING OF LOTS TO A MINIMUM OF 9,000-SQUARE FEET, ON PROPERTY LOCATED ALONG THE NORTH AND SOUTH SIDES OF KAYE STREET, EAST OF COPPELL ROAD, ENCOMPASSING 35 LOTS (412 & 420 COPPELL ROAD AND 300- 426 KAYE STREET), AND MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE TABLE OF EXISTING CONDITIONS AND EXHIBIT OF EXISTING BUILDING FOOTPRINTS, 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-210-SF-9(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 2 75470 amended, be and the same is hereby amended to grant a change in zoning from SF-12 (Single Family-12) to PD-210-SF-9(CH) (Planned Development-210-Single Family-9) to permit the development and redevelopment of single family residences on existing lots and to allow the replatting of lots to a minimum lot size of 9,000-square feet, on property located along the north and south sides of Kaye Street, east of Coppell Road, encompassing 35 lots (412 & 420 Coppell Road and 300-426 Kaye Street), and more particularly described in Exhibit “A”, providing for development conditions; providing for the Table of Existing Conditions and Exhibit of Existing Building Footprints, attached hereto as Exhibits “B” and “C”, respectively. SECTION 2.That the property shall be developed and used only in accordance with the following development conditions set forth: A. Use regulations. A building or premise shall be used as defined in the Comprehensive Zoning Ordinance only for the following purposes: 1. Any use permitted in the "SF-ED", "SF-18" or the "SF-12" districts. 2. Home occupation. 3. Such uses as may be permitted under provisions of Special Use Permits, Sections 12-30-5 and 12-30-6. B. Maximum height regulations. The maximum height regulations will be thirty-five (35’) feet nor more than two-and-one-half stories high. C. All existing legal residential structures and existing lots are deemed conforming. Additions to the main structure will be permitted without platting the property as long as the addition is in accordance with the SF-9 regulations as herein specified, the addition does not exceed a fifty percent (50%) increase 3 75470 over the existing structure, and maximum lot coverage does not exceed thirty- five percent (35%). D. Platting the property shall be required prior to the issuance of a building permit issued after the effective date for primary structure construction and additions, which exceed a fifty percent (50%) increase over the existing floor area; however, the existing lot dimensions shall be deemed conforming. E. Construction of primary structures under Section D of this ordinance of any lots being replatted shall adhere to the regulations as set forth as follows: 1. Minimum size of yards: (A) Front yard: 25 feet. (B) Side yard: Eight feet. A side yard adjacent to a side street: 15 feet. Allowable non-residential uses: 25 feet. (C) Rear yard: 20 feet. 2. Minimum size of lot: (A) Lot area: 9,000-square feet. (B) Lot width: 70 feet. (C) Lot depth: 100 feet. 3. Minimum dwelling size: 1,600-square feet, exclusive of garages and breezeways and porches. 4. Maximum lot coverage: thirty-five percent (35%) of the total lot area may be covered by the combined area of the main buildings and accessory buildings. 5. Parking regulations. (A) Two enclosed parking spaces per unit are required behind the front yard line for all primary structures constructed after the effective date of this ordinance. 4 75470 (B) Garages may either be attached or detached from the main structure. 6. Type of exterior construction. (A) All structures in existence at the time of the enactment of this ordinance shall be considered conforming as to the masonry requirements. (B) All primary structure construction and additions shall be constructed with the following materials: at least 80 percent of the exterior walls of the first floor of all structures shall be of masonry construction (see Section 12-42-1 of the Zoning Ordinance), exclusive of doors, windows and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least 80 percent masonry, exclusive of doors, windows and the area above the top plate line. F. Site Plans 1. The Exhibit of Existing Building Footprints and the Table of Lot and House Sizes shall be attached to and made a part of this Ordinance, as Exhibits “B” and “C” respectively. These exhibits shall generally indicate the existing conditions within this Planned Development as of the date of its passage. Unless otherwise provided herein, Exhibits shall 5 75470 serve as the basis to determine the requirements for building additions, platting and interpretation of this ordinance and the provisions provided herein. 2. Board of Adjustment has the authority to consider variances to the provisions of this PD. G. Platting 1. Properties must be platted in accordance with Section 12-39-1 of the Code of Ordinances of the City of Coppell prior to the issuance of a building permit for all new home construction and expansions of existing homes, which exceeds fifty percent (50%) of the existing floor area. 2. The plat, if involving four or less lots, and is in compliance with all regulations herein, and the provisions of the Code of Ordinances and the provisions of this ordinance, may be approved administratively as a Minor Amending Plat, as provided by law. 3. Notwithstanding any provisions contained herein, all plats shall provide a minimum of a ten foot (10’) sidewalk and utility easement parallel and adjacent to Kaye Street. H. Alleys 1. Alleys shall not be required. 6 75470 I. Disasters 1. If a primary residential structure is destroyed due to a natural disaster or fire, the primary residential structure as it exists on the date of passage of this ordinance may be rebuilt in the same or better condition and materials without seeking any variances. SECTION 3. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 4. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as 7 75470 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 (REH/cdb [ revised only] 07/27/04) LEGAL DESCRIPTIONPD-210-SF-9412 COPPELL RD J W ANDERSON ABST 18 PG 150 TR 1 CO-DALLAS420 COPPELL RD J W ANDERSON ABST 18 PG 150 VOL82094/0654 DD04271982 CO-DC300 KAYE ST J W ANDERSON ABST 18 PG 150301 KAYE ST J W ANDERSON ABST 18 PG 150 VOL87159/0671 EX080487 CO-DALLAS304 KAYE ST J W ANDERSON ABST 18 PG 150 TR 19 VOL99138/2748 DD061199 CO-DALLAS308 KAYE ST J W ANDERSON ABST 18 PG 150 VOL88912/2494 CO-DALLAS309 KAYE ST J W ANDERSON ABST 18 PG 150 TR 45 140X140 CO-DALLAS312 KAYE ST J W ANDERSON ABST 18 PG 150 TR 17 ACS 0.225 VOL2002144/2927 DD07012002 CO-DC313 KAYE ST J W ANDERSON ABST 18 PG 150 TR 44 ACS 0.215 VOL96235/0227 DD112696 CO-DALLAS316 KAYE ST J W ANDERSON ABST 18 PG 150 TR 16317 KAYE ST J W ANDERSON ABST 18 PG 150 VOL81176 PG1545320 KAYE ST J W ANDERSON ABST 18 PG 150 PT TR 15 60X140 ACS 0.1928 VOL98088/2959 DD050198 CO-DALLAS321 KAYE ST J W ANDERSON ABST 18 PG 150 TR 42 VOL95108/4643 DD053195 CO-DALLAS324 KAYE ST J W ANDERSON ABST 18 PG 150 TR14&10'TR 15;S-2;80X140;0.2571AC CO-DALLAS325 KAYE ST J W ANDERSON ABST 18 PG 150 TR 41328 KAYE ST J W ANDERSON ABST 18 PG 150 TR 13; S-2; 70 X 140 CO-DALLAS329 KAYE ST J W ANDERSON ABST 18 PG 150 TR 40332 KAYE ST ANDERSON BLK 1 LT 12 ACS 0.22 VOL82107/0375 DD05211982 CO-DC333 KAYE ST J W ANDERSON ABST 18 PG 150 TR 39 VOL99042/1031 DD022699 CO-DALLAS336 KAYE ST J W ANDERSON ABST 18 PG 150 TR 11; S-2; 70 X 140 VOL98218/6376 DD102996 CO-DALLAS337 KAYE ST J W ANDERSON ABST 18 PG 150 TR 38 VOL2000216/7911 DD10302000 CO-DC340 KAYE ST J W ANDERSON ABST 18 PG 150 TR 10; S-2; 70X140 VOL99193/7222 DD092399 CO-DALLAS341 KAYE ST J W ANDERSON ABST 18 PG 150 TR 37 CO-DALLAS400 KAYE ST J W ANDERSON ABST 18 PG 150 TR 9 70 X 140 VOL 85076 PG 3668 CO-DALLAS401 KAYE ST J W ANDERSON ABST 18 PG 150 TR 36 49X140 SHT 2 VOL99152/6920 DD072699 CO-DALLAS404 KAYE ST J W ANDERSON ABST 18 PG 150 TR 8 70 X 140 VOL2001144/4680 DD07022001 CO-DC405 KAYE ST J W ANDERSON ABST 18 PG 150 TR 35409 KAYE ST J W ANDERSON ABST 18 PG 150 TR 34 VOL2000029/3348 CO-DC412 KAYE ST J W ANDERSON ABST 18 PG 150 TRS 6 & 7 140 X 140 PROB 90-920-P1 CO-DALLAS413 KAYE ST J W ANDERSON ABST 18 PG 150 TR 33 & 8' TR 32 VOL93189/1980 EX082793 CO-DALLAS416 KAYE ST J W ANDERSON ABST 18 PG 150 TR 5 ACS 0.22 VOL92150/1285 EX072892 CO-DALLAS417 KAYE ST J W ANDERSON ABST 18 PG 150 TR 31 & 62 FT TR 32 VOL71091/1964 CO-DC420 KAYE ST J W ANDERSON ABST 18 PG 150 TR 4 S-2 70 X 140 CO-DALLAS421 KAYE ST J W ANDERSON ABST 18 PG 150 TRS 29 & 30 VOL85105 PG3815 CO-DALLAS426 KAYE ST J W ANDERSON ABST 18 PG 150 TRS 2 & 3 ACS 0.45EXHIBIT 'A' PD-210-SF-9 Kaye Street Existing Conditions Street #Name Living Area Lot Size Year Built 412 COPPELL 1,835 29,490 1958 420 COPPELL 1,274 29,210 1954 300 KAYE 672 10,318 1960 301 KAYE 1,374 11,700 1956 304 KAYE 1,588 9,831 1958 308 KAYE 2,078 9,830 1935 309 KAYE 1,260 17,157 1965 312 KAYE 1,387 9,829 1965 313 KAYE 2,300 9,531 1965 316 KAYE 1,142 9,828 1965 317 KAYE 1,260 9,547 1948 320 KAYE 2,072 9,827 1986 321 KAYE 1,325 10,324 1955 324 KAYE 1,566 9,825 1960 325 KAYE 1,442 9,656 1965 328 KAYE 1,344 9,824 1955 329 KAYE 1,320 8,984 1955 332 KAYE 1,969 9,823 2001 333 KAYE 1,006 9,694 1955 336 KAYE 1,329 9,822 1953 337 KAYE 1,020 9,713 1955 340 KAYE 900 9,821 1958 341 KAYE 1,205 9,732 1956 400 KAYE 945 9,819 1955 401 KAYE 1,014 6,963 1955 404 KAYE 1,032 9,401 1970 405 KAYE 1,913 12,557 1955 409 KAYE 1,024 9,775 1940 412 KAYE 1,854 21,423 1958 413 KAYE 1,184 11,529 1955 416 KAYE 1,719 8,961 1986 417 KAYE 1,133 17,761 1958 420 KAYE 1,892 8,788 1965 421 KAYE 3,396 15,471 1955 426 KAYE 15,745 AVG 1,422 Lot and House Sizes 6/16/2005 Exhibit "B" COPPELLROADPD-210-SF-9Existing BuildingFootprintsMay 2005420 Coppell421 417 413 409 405 401 341 337 333 329325 321317 313 309 301300304308312316320324328332336340400404412416420426412 CoppellExhibit “C” DEPT: City Manager's Office DATE: July 12, 2005 ITEM #: 9 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is the property owned by BCE Specialties, Inc. and BBJ & E Ltd., described as Lot 2R, Four Seasons Addition (4.095 acres) and located at the southeast corner of Sandy Lake Road and Royal Lane. GOAL(S): EXECUTIVE SUMMARY: The Public Hearing notice was published in the Citizens Advocate on July 1, 2005. FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: !BCE Specialties PH - 1 AR NOTICE OF PUBLIC HEARING OF DESIGNATION OF REINVESTMENT ZONE A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, in the Council Chambers, Town Center, 255 Parkway Boulevard, Coppell, Texas on the 12th day of July, 2005, at 7:00 P.M., to consider designation of the property described as Lot 2R, Four Seasons Addition (4.095 acres), located at the southeast corner of Sandy Lake Road and Royal Lane, Coppell, Texas, BCE Specialties, Inc. and BBJ & E Ltd. as a Reinvestment Zone under Chapter 312 of the Texas Property Tax Code. The Council will seek to determine whether the improvements sought to be made in the zone are feasible and practical and will be a benefit to the land included in the zone and to the City after the expiration of a tax abatement agreement to be entered into pursuant to Section 312.204 of the Texas Property Tax Code. At the hearing, interested persons are entitled to speak and present evidence for or against the designation. Citizens Advocate July 1, 2005 PUBLIC NOTICE 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). DEPT: City Manager's Office DATE: July 12, 2005 ITEM #: 10 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance designating BCE Specialties, Inc. and BBJ & E Ltd., Reinvestment Zone No. 46, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: !BCE Specialties Ord - 1 AR 1 73692 ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 46 (BCE SPECIALTIES and BBJ & E Ltd.); PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL- INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be published in a newspaper having general circulation in the City and has delivered such notice to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property described herein; and WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing on the designation of the area described herein as a reinvestment zone; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS THAT: SECTION 1:That the City Council of the City of Coppell, Texas finds that the area described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention or expansion of primary employment, or to attract major investment in the zone that will be of benefit to the property and contribute to the economic development of the City. The City Council further finds that the improvements sought are feasible and practicable and would be of benefit to the land to be included in the zone and to the City after the expiration of a tax abatement agreement. SECTION 2.That pursuant to the provisions of Section 312.201 of the Texas Tax Code, the property described in Exhibit “A” attached hereto and made a part hereof for all purposes is hereby designated as a reinvestment zone and for identification is assigned the name “Reinvestment Zone No. 46 (BCE Specialties and BBJ & E Ltd.)” 2 73692 SECTION 3.That the property within Reinvestment Zone No. 46 is eligible for commercial-industrial tax abatement effective on January 1, 2006. SECTION 4.If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, 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 invalid or unconstitutional. SECTION 5.That all provisions 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 6.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, on the ______ day of ___________________, 2005. APPROVED: DOUGLAS N. STOVER, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ PETER G. SMITH, CITY ATTORNEY (PGS/ajh 6/27/05)(73692) EXHIBIT “A” LEGAL DESCRIPTION OF LAND DEPT: City Manager's Office DATE: July 12, 2005 ITEM #: 11 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and BCE Specialties, Inc. and BBJ & E Ltd., and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: City Council is scheduled to conduct a Public Hearing regarding the designation of the reinvestment zone on July 12, 2005. The Coppell Economic Development Committee unanimously recommended approval of this abatement agreement request on March 3, 2004. FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: !BCE Specialties Res - 1 AR 1 74555 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS AND BCE SPECIALTIES, INC. AND BBJ & E LTD.; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and between the City of Coppell, Texas and BCE Specialties, Inc. and BBJ & E Ltd., a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1.The Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Coppell, Texas. SECTION 2.The City Council finds that the improvements proposed to be built upon the Premises described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3.The tax abatement to be granted by the Agreement will not include inventory, and supplies. SECTION 4.The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Coppell, Texas. 2 74555 SECTION 5.The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6.This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 7.This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ______ day of ________________, 2005. CITY OF COPPELL, TEXAS ___________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ___________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ CITY ATTORNEY (PGS/si 06/27/05) BCE Specialties & BBJ & E/ Tax Abatement Agreement –Page 1 73691 STATE OF TEXAS § § TAX ABATEMENT AGREEMENT COUNTY OF DALLAS § This Tax Abatement Agreement (the “Agreement”) is entered into by and among the City of Coppell, Texas (the “City”), BCE Specialties, Inc. (“BCE”) and BBJ & E Ltd. a Texas limited partnership (“BBJ”), acting by and through their authorized representatives. W I T N E S S E T H: WHEREAS, the City Council of the City of Coppell, Texas, (the “City”), passed an Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 46 (the “Zone”), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement Guidelines”); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, BBJ owns the real property described in Exhibit “A” (“Land”) and intends to construct an office/warehouse building, containing at least 56,700 square feet, (hereinafter defined as the “Improvements”) on the Land; and WHEREAS, BCE intends to locate Tangible Personal Property (hereinafter defined) on the Premises (hereinafter defined); WHEREAS, development efforts of BCE and BBJ described herein will create permanent new jobs in the City; and WHEREAS, the City Council finds that the contemplated use of the Premises, the contemplated Improvements thereto in the amount set forth in this Agreement, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and BCE Specialties & BBJ & E/ Tax Abatement Agreement –Page 2 73691 WHEREAS, the City Council finds that the Improvements sought are feasible and practicable and would be of benefit to the Premises to be included in the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Premises is located; and WHEREAS, the City desires to enter into an agreement with BCE and BBJ for the abatement of taxes pursuant to Chapter 312 of the Tax Code as amended; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for good and other valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Base Year Taxable Value” shall mean the Taxable Value for the Land for the year in which the Tax Abatement Agreement is executed (2005). “Commencement of Construction” shall mean that (i) the construction plans for the Improvements have been prepared and all approvals thereof required by applicable governmental authorities have been obtained; (ii) all necessary permits for construction of the Improvements pursuant to the respective plans therefore having been issued by all applicable governmental authorities; and (iii) preparation of the Land or grading has commenced. “Completion of Construction” shall mean: (i) substantial completion of the of the Improvements; and (ii) the first final certificate of occupancy has been issued for the Improvements. “Effective Date” shall mean the last date of execution of this Agreement. “Event of Bankruptcy or Insolvency” shall mean the dissolution or termination of a party’s existence as a going business, insolvency, appointment of receiver for any part of a party’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such party, and such proceeding is not dismissed within ninety (90) days after the filing thereof. BCE Specialties & BBJ & E/ Tax Abatement Agreement –Page 3 73691 “Expiration Date” shall mean February 1 of the calendar year following the 5th anniversary date of the First Year of Abatement. “First Year of Abatement” shall mean January 1 of the calendar year immediately following the date of issuance of the first final certificate of occupancy for the Improvements. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissions of such party), fires, explosions or floods, strikes, slowdowns or work stoppages. “Improvements” shall mean an office/warehouse building containing at least 56,700 square feet of space (and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by BBJ with the City from time to time in order to obtain a building permit). “Land” means the real property described in Exhibit A. “Premises” shall collectively mean the Land and Improvements, following construction thereof. “Tangible Personal Property” shall mean tangible personal property, equipment and fixtures, other than inventory or supplies, owned or leased by BCE that is added to the Premises subsequent to the execution of this Agreement. “Taxable Value” means the appraised value as certified by the Appraisal District as of January 1 of a given year. Article II Term The term of this Agreement shall begin on the Effective Date and shall continue until the Expiration Date, unless sooner terminated as provided herein. Article III General Provisions 3.1 BBJ is the owner of, or is under contract, to acquire the Land, which Land is located within the city limits of the City and within the Zone, and intends to construct the Improvements on the Land. BCE intends to locate Tangible Personal Property on the Premises. 3.2 The Premises are not in an improvement project financed by tax increment bonds. 3.3 This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. BCE Specialties & BBJ & E/ Tax Abatement Agreement –Page 4 73691 3.4 The Premises is not owned or leased by any member of the Coppell City Council or any member of the Coppell Planning and Zoning Commission. Article IV Tax Abatement Authorized 4.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines, and approved by resolution of the City Council. 4.2 Subject to the terms and conditions of this Agreement, and provided the Taxable Value of the Improvements, excluding the Land, is at least $1.5 Million, as of the First Year of Abatement and as of January 1 of each year thereafter for a total period of five (5) consecutive calendar years, the City hereby grants BBJ an abatement of fifty percent (50%) of the Taxable Value of the Improvements and grants BCE an abatement of fifty percent (50%) of the Taxable Value of the Tangible Personal Property for a period of five (5) consecutive years, beginning with the First Year of Abatement. The actual percentage of Taxable Value of the Improvements, subject to abatement will apply only to the portion of the Taxable Value of the Improvements that exceeds the Base Year Taxable Value. The actual percentage of the Taxable Value of the Tangible Personal Property subject to abatement will apply only to tangible personal property added to the Premises after this Agreement is executed. 4.3 The period of tax abatement for the Improvements shall be for a period of five (5) consecutive years. 4.4 During the period of tax abatement herein authorized, Owner shall be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation. Article V Improvements BBJ owns the Land, and agrees to construct an office/warehouse building containing at least 56,700 square feet of space (and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by BBJ with the City from time to time in order to obtain a building permit) (“Improvements”). Nothing in this Agreement shall obligate BBJ to construct the Improvements on the Land and/or for BCE to locate Tangible Personal Property at the Improvements but said actions are conditions precedent to tax abatement pursuant to this Agreement. Article VI Construction of the Improvements 6.1 As a condition precedent to the initiation tax abatement pursuant to this Agreement, BBJ agrees, subject to events of Force Majeure, to cause Commencement of Construction of the Improvements to occur within six (6) calendar months after the Effective Date, and to cause Completion of Construction of the Improvements to occur within twelve (12) calendar months thereafter, as good and valuable consideration for this Agreement, and that all construction of the BCE Specialties & BBJ & E/ Tax Abatement Agreement –Page 5 73691 Improvements will be in accordance with all applicable state and local laws, codes, and regulations, (or valid waiver thereof). 6.2 BBJ and BCE each agree to maintain the Improvements during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. BBJ and BCE each agree that the Improvements shall be used only as office/warehouse buildings for a period of five (5) years commencing on the date the first final certificate of occupancy is issued for the Improvements. 6.3 The City, its agents and employees shall have the right of access to the Premises during construction to inspect the Improvements at reasonable times and with reasonable notice to Owner, and in accordance with BBJ and BCE’s visitor access and security policies, in order to insure that the construction of the Improvements are in accordance with this Agreement and all applicable state and local laws and regulations (or valid waiver thereof). Article VII General Requirements 7.1 Construction plans for the Improvements to be filed with the City, shall be deemed to be incorporated by reference herein and made a part hereof for all purposes. 7.2 BBJ and BCE shall each before May 1, of each calendar year that the Agreement is in effect, certify in writing to the City that such party is in compliance with each term of the Agreement. 7.3 The Land and the Improvements constructed thereon at all times shall be used in the manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. Article VIII Default: Recapture of Abated Tax 8.1 In the event: (i) BBJ fails to cause Commencement of Construction and/or Completion of Construction of the Improvements in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) BBJ and/or BCE has delinquent ad valorem or sales taxes owed to the City (provided such party retains the right to timely and properly protest such taxes or assessment); (iii) BBJ and/or BCE has an “Event of Bankruptcy or Insolvency”; or (iv) BBJ and/or BCE breaches any of the terms and conditions of this Agreement, then such party after the expiration of the notice and cure periods described below, shall be in default of this Agreement. As liquidated damages in the event of such default, BBJ and BCE shall, within thirty (30) days after demand, pay to the City all taxes which otherwise would have been paid to the City without benefit of a tax abatement for the Improvements and Tangible Personal Property, with interest at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code as amended but without penalty. The parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The BCE Specialties & BBJ & E/ Tax Abatement Agreement –Page 6 73691 parties further agree that any abated tax, including interest as a result of this Agreement, shall be recoverable against BBJ and BCE, and shall constitute a tax lien against the Premises, and shall become due, owing and shall be paid to the City within thirty (30) days after termination. 8.2 Upon breach by BBJ and/or BCE of any obligations under this Agreement, the City shall notify the BBJ and BCE in writing, who shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and the BBJ and/or BCE has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City may extend the period in which the default must be cured. 8.3 If the BBJ and/or BCE fails to cure the default within the time provided as specified above or, as such time period may be extended, then the City at its sole option shall have the right to terminate this Agreement, by written notice to the BBJ and BCE. 8.4 Upon termination of this Agreement by City, all tax abated with respect to the Improvements and the Tangible Personal Property, as a result of this Agreement, shall become a debt to the City as liquidated damages, and shall become due and payable not later than thirty (30) days after a notice of termination is made. The City shall have all remedies for the collection of the abated tax provided generally in the Tax Code for the collection of delinquent property tax. The City at its sole discretion has the option to provide a repayment schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon the full Taxable Value of the Improvements and Tangible Personal Property, without tax abatement for the years in which tax abatement hereunder was received by the BBJ and BCE, as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day payment period. Article IX Miscellaneous 9.1 Annual Application For Tax Exemption. It shall be the responsibility of the BBJ and BCE pursuant to the Tax Code, to each file an annual exemption application form with the Chief Appraiser for the Appraisal District in which the eligible taxable property has situs. A copy of the exemption application shall be submitted to the City upon request. 9.2 Notice. All notices required by this Agreement shall be addressed to the following, or other such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand or overnight delivery: If intended for BCE, to: BCE Specialties, Inc. Attn: Beth Cunningham P.O. Box 1566 Grapevine, Texas 76099 BCE Specialties & BBJ & E/ Tax Abatement Agreement –Page 7 73691 If intended for BBJ & E Ltd., to: BBJ & E Ltd. Attn: Beth Cunningham P.O. Box 1566 Grapevine, Texas 76099 If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 9.3 City Council Authorization. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. 9.4 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 9.5 Applicable Law. This Agreement shall be construed under the laws of the State of Texas. Venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. This Agreement is performable in Dallas County, Texas. 9.6 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 9.7 Entire Agreement. This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this Agreement. BCE Specialties & BBJ & E/ Tax Abatement Agreement –Page 8 73691 9.8 Incorporation of Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 9.9 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 9.10 Chamber of Commerce. During the term of this Agreement, Owner agrees to maintain continuous corporate membership in the Coppell Chamber of Commerce. 9.11 Assignment. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may be assigned with the consent of the City Manager. EXECUTED in duplicate originals this the ____ day of ________, 2005. City of Coppell, Texas By: ______________________________________ Douglas N. Stover, Mayor Attest: By: _______________________________________ Libby Ball, City Secretary Agreed as to Form: By: Peter G. Smith, City Attorney EXECUTED in duplicate originals this the ____ day of ________, 2005. BCE Specialties, Inc. By: ______________________________ Name: Beth Cunningham Title: ____________________________ BCE Specialties & BBJ & E/ Tax Abatement Agreement –Page 9 73691 BBJ & E Ltd. By: ______________________________ Name: Beth Cunningham Title: ____________________________ BCE Specialties & BBJ & E/ Tax Abatement Agreement –Page 10 73691 City’s Acknowledgment State of Texas § § County of Dallas § This instrument was acknowledged before me on the _____ day of _______________, 2005, by Douglas N. Stover, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ BCE’s Acknowledgment State 0f Texas § § County of Dallas § This instrument was acknowledged before me on the _______ day of ___________, 2005, by Beth Cunningham being the ___________________ of BCE Specialties, Inc. a Texas corporation, on behalf of said corporation. Notary Public, State of _________ My Commission Expires: BCE Specialties & BBJ & E/ Tax Abatement Agreement –Page 11 73691 BBJ & E Ltd.’s Acknowledgment State 0f Texas § § County of Dallas § This instrument was acknowledged before me on the _______ day of ___________, 2005, by Beth Cunningham being the ___________________ of BBJ & E Ltd., a Texas limited partnership, on behalf of said partnership. Notary Public, State of _________ My Commission Expires: BCE Specialties & BBJ & E/ Tax Abatement Agreement –Page 12 73691 Exhibit “A” Legal description of the Land To be attached DEPT: Planning DATE: July 12, 2005 ITEM #: 12 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1036-LI(CH), Gifford Hill Plant #4 (Southern Star Concrete), to consider a change in zoning from the base zoning of HI (Heavy Industrial) to LI (Light Industrial) for S-1036 (Special Use Permit-1036) and allowing for the retention of the existing concrete batch plant on 5.5 acres of property located at 601 S.H. 121, west of Ace Lane. (Planning and Zoning Commission Called Public Hearing). GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: June 16, 2005 Decision of P&Z Commission: Approval (6-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Milosevich and Kittrell voting in favor. None opposed. Approval is recommended, subject to the following condition: 1) Appropriate language in the Ordinance allowing for the retention of the existing concrete batch plant as a conforming use. Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @1S-1036-LI(CH) GHP#4 1-AR Item # 4 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1036-LI(CH), Gifford Hill Plant #4 (Southern Star Concrete) P & Z HEARING DATE: June 16, 2005 C.C. HEARING DATE: July 12 , 2005 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: 601 S.H. 121, west of Ace Lane SIZE OF AREA: 5.5 acres of property CURRENT ZONING: HI (Heavy Industrial) REQUEST: A City-initiated Called Hearing to change the base zoning from HI (Heavy Industrial) to LI (Light Industrial) for Special Use Permit-1036 and allowing for the retention of the existing concrete batch plant. APPLICANT: Planning and Zoning Commission authorized Called Public Hearing Property Owner: Tommy Abbott, General Manager Southern Star Concrete, Inc. 8500 Freeport Parkway, Suite 200 Irving, Texas 75063 (972) 621-0999 FAX: (972) 621-3350 HISTORY: In 1988, City Council approved a rezoing from Agriculture to Heavy Industrial, with a Special Use Permit to allow the continued use of the subject property as a concrete batch plant. At that time, the owners of the batch plant desired to make improvements to the property, Item # 4 Page 2 of 4 thereby necessitating appropriate zoning. The improvements included the installation of a retaining wall and a fence around the property. TRANSPORTATION:S.H 121 is an existing four-lane divided highway with two-lane service roads in a 440’-wide right-of-way. SURROUNDING LAND USE & ZONING: North - Flood Plain and mobile home park in the City of Lewisville South - Flood Plain and undeveloped; A (Agriculture) and LI (Light Industrial) East - S.H. 121 West - DFW Trade Center; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for Light Industrial/Showroom and Flood Plain uses. DISCUSSION: As discussed in the HISTORY section of this report, this concrete batch plant has been in existence for over 17 years. A rezoning to a base zoning of Heavy Industrial was approved, with a SUP, to allow for site improvements and the continuation of this use was granted in 1988. Staff recently reviewed the Zoning Ordinance and Zoning Map in terms land uses and zoning districts in which they are permitted and discovered that the subject property is the only HI (Heavy Industrial) district in the City of Coppell. As indicated by its name, this district permits a wide variety of undesirable uses that would not be appropriate on any property in the City. The complete HI Uses permitted by SUP is attached as Exhibit A, which includes uses such as: Blast furnace; Coke ovens; Cotton gins; Distillation of bones, coal or wood and glue manufacture; Fat rendering; Hatchery; Oiled rubber goods manufacture; Pickle manufacturing; Sauerkraut manufacture; Smelting of tin, copper, zinc, or iron ores and other metals; and Stock yard or slaughter of animals or fowls. Staff desires to delete this district from the Zoning Ordinance and map; therefore, the base zoning of this SUP needs to be changed from HI (Heavy Industrial) to LI (Light Industrial). When discussing this proposal with the current owner/operator of this concrete batch plant, Southern Star Concrete, a concern was raised that they Item # 4 Page 3 of 4 be able to retain a permanent status for this use. In discussions with the City Attorney, this provision can, and will, be included in the Ordinance adopting this change in zoning. However, any expansions of and/or revisions to the approved Site Plan will require an amendment to this SUP. Given the location of this site, which is relatively isolated from surrounding land uses due to the creek and mature trees on three sides, and being across the freeway from most of the Light Industrial developments in Coppell (except for the DFW Trade Center, which is separated by the existing tree line), staff can support the continuation of this use. Finally, a recent site visit revealed that this property is very well maintained. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of a change to the base zoning from HI (Heavy Industrial) to LI (Light Industrial) for Special Use Permit-1036, subject to: 1) Appropriate language in the Ordinance allowing for the retention of the existing concrete batch plant. 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) Exhibit “A” SUP uses permitted within the HI district 2) Ordinance No. 297-A-53, with attachments Item # 4 Page 4 of 4 EXHIBIT “A” Uses Permitted by SUP in the Heavy Commercial District S ec. 12-30-13. "HI" Heavy Industrial. 1. Airport, (Public or private). 2. Acetylene gas manufacture or storage. 3. Acid manufacture. 4. Alcohol manufacture. 5. Ammonia, bleaching powder or chlorine manufacture. 6. Arsenal. 7. Asphalt manufacture or refining. 8. Blast furnace. 9. Bag cleaning, unless clearly accessory to the manufacture of bags. 10. Boiler works. 11. Brick, tile pottery or terra cotta manufacture other than the manufacture of handcraft of concrete products. 12. Candle manufacture. 13. Celluloid manufacture or treatment. 14. Cement, lime, gypsum, or plaster of paris manufacture. 15. Central mixing plant for concrete mortar, plaster, or paving materials. 16. Coke ovens. 17. Cotton gins. 18. Cotton seed oil manufacture. 19. Creosote manufacture or treatment. 20. Disinfectants manufacture. 21. Distillation of bones, coal or wood and glue manufacture. 22. Exterminator and insect poison manufacture. 23. Emery cloth and sand paper manufacture. 24. Explosives or fireworks manufacture or storage. 25. Fat rendering. 26. Fertilizer manufacture. 27. Fish smoking and curing. 28. Forge plant. 29. Gas manufacture or storage, for heating or illuminating. 30. Gasoline service station. 31. Glue, size or gelatin manufacture. 32. Hatchery. 33. Iron, steel, brass or copper foundry or fabrication plant. 34. Junk, iron or rag storage or baling. Metal or aluminum exterior siding on buildings. 35. Match manufacture or processing. 36. Oil cloth or linoleum manufacture. 37. Oiled rubber goods manufacture 38. Paint, oil, shellac, turpentine or varnish manufacture. 39. Paper and pulp manufacture. 40. Petroleum or its products, refining or wholesale storage of same, and bulk tank storage. 41. Pickle manufacturing 42. Planing mills. 43. Potash works. 44. Pyroxline manufacture. 45. Rock crusher. 46. Rolling mill. 47. Rubber or gutta-percha manufacture or treatment but not the making of articles out of articles of rubber. 48. Sauerkraut manufacture. 49. Salt works. 50. Shoe polish manufacture. 51. Smelting of tin, copper, zinc, or iron ores and other metals. 52. Soap manufacture other than liquid soap. 53. Soda and compound manufacture. 54. Stock yard or slaughter of animals of fowls. 55. Stone mill or quarry. 56. Stove polish manufacture 57. Tallow grease or lard manufacture or refining from or of animal fat. 58. Tanning, curing or storage of raw hides or skins. 59. Tar distillation or manufacture. 60. Tar roofing or water proofing manufacture. 61. Tobacco (chewing) manufacture or treatment. 62. Vinegar manufacture. 63. Wrecking and junk yards, only on the condition that the premises upon which such activities are conducted are wholly within a building or by a solid fence no less than eight feet in height. 64. Yeast plant. 65. Salvage or reclamation of products. 66. Auto wrecking yard. DEPT: Planning DATE: July 12, 2005 ITEM #: 13 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1225-LI, Osburn Contractors, to consider a change in zoning from LI (Light Industrial) to S-1225-LI (Special Use Permit-1224-Light Industrial), to allow the operation of a temporary concrete batch plant for a time period not to exceed nine (9) months on 16 acres of property located at the northwest corner of Beltline and Airline Drive (Park West Commerce Center, Lot 2R-3, Block 2). GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: June 16, 2005 Decision of P&Z Commission: Approval (6-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Milosevich and Kittrell voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) This facility shall be relocated from this property prior to any vertical wall construction. 2) The applicant shall provide copies of applications and permits from TCEQ. 3) This temporary concrete batch plat shall be permitted to remain operational for a period not to exceed nine (9) months from the date of Ordinance adoption, while maintaining the required permits through the Texas Commission on Environmental Quality. Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @2S-1225-LI OC 1-AR Item # 5 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1225-LI, Osburn Contractors P & Z HEARING DATE: June 16, 2005 C.C. HEARING DATE: July 12 , 2005 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: Northwest corner of Beltline and Airline Drive (Park West Commerce Center, Lot 2R-3, Block 2) SIZE OF AREA: 16.8 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: S-1225-LI (Special Use Permit-1225-Light Industrial), to allow the operation of a temporary concrete batch plant not to exceed nine months. APPLICANT: Ida Rodriguez Osburn Contractors 1917 Copper Street Garland, Texas 75042 (972) 205-9086 FAX: (972) 205-9428 HISTORY: On May 10, 2005 City Council approved a Site Plan and Replat on this 16.8-acre site to allow the development of two warehouse buildings, one of 153,000-square feet adjacent to Belt Line Road and a second building immediately west at 137,000-square feet. The Site Item # 5 Page 2 of 3 Plan and Plat provided a fire lane/access easement, perpendicular to the north property line, for the eventual mutual access from this property to the property to the north. TRANSPORTATION:Belt Line 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 request is to allow for the placement and operation of a temporary concrete batch plant to supply concrete for the construction on this 16.8- acre site. While this use is permitted by right in this district for a period not exceeding 90 days, the applicant anticipates needing to operate for up to nine (9) months, therefore, requiring a Special Use Permit. This facility, proposed to be located approximately 290 feet west of Belt Line Road and 60 feet north of Airline Drive, directly over the designated fire lane, will contain the plant, a cement storage trailer and stockpiles of gravel and sand. As requested by the Fire Marshal, this plant will need to be removed from the fire lane prior to going vertical with any walls on this site. The applicant has agreed to move this plant, most likely off-site, at that time. The Texas Commission on Environmental Quality is the state regulatory agency that will permit and oversee the operation of this facility. Staff is requesting copies of all relevant applications and permits to insure this facility meets all environmental regulations. Item # 5 Page 3 of 3 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of S-1225-LI (Special Use Permit- 1225-Light Industrial), for a temporary concrete batch plant, subject to the following conditions: 1) This facility shall be relocated from the fire lane prior to any vertical wall construction. 2) The applicant shall provide copies of applications and permits from TCEQ. 3) This temporary concrete batch plat shall be permitted to remain operational for a period not to exceed nine (9) months from the date of Ordinance adoption, while maintaining the required permits through the Texas Commission on Environmental Quality. 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 DEPT: Planning DATE: July 12, 2005 ITEM #: 14 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of the Shadydale Acres, Lots 3R and 4R, Block C, Replat, being a replat of the north half of Tract 3 and the south half of Tract 4, Block C, to allow the construction of two single-family homes on 1.733 acres of property located at 132 and 136 Shadydale Lane. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: June 16, 2005 Decision of P&Z Commission: Approval (6-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Milosevich and Kittrell voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Waiver of the alley requirement. 2) A Tree Removal Permit being obtained for each lot prior to the issuance of a Building Permit. Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @3Shadydale Rep1-AR Item # 6 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Shadydale Acres, Lots 3R&4R, Block C, Replat P & Z HEARING DATE: June 16, 2005 C.C. HEARING DATE: July 12 , 2005 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: 132 and 136 Shadydale Lane SIZE OF AREA: 1.733 acres of property CURRENT ZONING: SF-12 (Single Family-12) REQUEST: Replat north half of Tract 3 and the south half of Tract 4, Block C, to allow the construction of two single-family homes. APPLICANT: Kevin Hopson 9801 Hickory Hollow Irving, Texas 75063 (214) 460-5775 FAX: (214) 722-1268 HISTORY: The original plat for Shadydale Acres was established in the 1960’s. Homes on the east side of Shadydale Lane were constructed on “half lots” which have 72.5 feet of frontage. In 1993, a replat of Tract 6, Block B, was approved for two lots. In August of 2001, the Planning and Zoning Commission recommended denial of a request to replat Tract 6A into two lots. At that time, the applicant desired to retain the existing home on a portion of the lot which required that the common lot line be an irregular configuration to meet the zoning requirements. In 2002 a replat was approved to subdivide this Tract 6A into two lots, in accordance with the SF-12 standards, subject to: the house Item # 6 Page 2 of 3 being removed prior to the plat being filed for record, an alley waiver and the Tree Preservation and Retribution Plan being approved prior to the issuance of a building permit. In 1998, PD-172 was established along the west side of Shadydale Lane, north of this property, which allowed for the platting and development of 13 lots ranging in size from 12,320- to 14,720-square feet. These lots were platted generally in accordance with the SF-12 regulations, with an average lot width of 85 feet. Additional conditions included in the PD increased the minimum dwelling size, defined the minimum roof pitches, increased landscaping, regulated garage placements, and granted waivers of the alley, right-of-way and sidewalk requirements. TRANSPORTATION:Both Shadydale and Shadyoak Lanes are substandard, 2-lane asphalt streets, without curb and gutter, built within a 60-foot right of-way. SURROUNDING LAND USE & ZONING: North- single family; SF-12 South – single family; SF-12 East - single family; SF-12 West - single family; SF-12 COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for low density residential, which is defined as 1-3 dwelling units per acre. DISCUSSION: Similar to previous requests for redevelopment in this subdivision, the owner of these two ½ tracts is desiring to replat into two lots to allow the development of two single- family homes. This property contains 1.733 acres (75,489- square feet), which can easily accommodate two lots in accordance with the SF-12 standards. The northern lot is proposed to contain 48,254-square feet (1.1 acres, and the southern lot, 27,237-square feet (0.62 of an acre). These lots exceed the minimum lot width, depth and size as prescribed by SF-12 district regulations. The only variance being required is relief from the alley requirements, which is typical in the Shadydale Acres subdivision. The Item # 6 Page 3 of 3 applicant intends to build his home on the northern lot and sell the southern lot. As indicated on the Tree Survey, these lots contain many mature trees, and the owner intends to preserve as many as possible to enhance the aesthetics of these new homes. However, the homes have yet to be designed; therefore, a Detailed Tree Preservation Plan will be required prior to the issuance of a Building Permit and Tree Removal Permit. It is reasonable to assume that given the number of trees being preserved, a retribution payment will not be required. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the Replat for the north half of Tract 3 and the south half of Tract 4, Block C, (Lots 3R and 4R, Block C) of Shadydale Acres to allow the construction of two single-family homes, subject to: 1) Waiver of the alley requirement. 2) A Tree Removal Permit being obtained for each lot prior to the issuance of a Building Permit. 3) Revise the notations on the lots on the west side of Shadydale Lane from “revised” to “replat” and revise the City Secretary’s Signature Block to note Lot 3R and 4R, Block C, being a replat of… ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Replat 2) Tree Survey REVISED:DOWDEY, ANDERSON & ASSOCIATES, INC.SHADYDALE ACRES June 3, 2005 DEPT: Planning DATE: July 12, 2005 ITEM #: 15 AGENDA REQUEST FORM GOAL(S): ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD-205R-HC, Vista Ridge Addition, Lots 1BR-8X, Block D (The Plaza), zoning change request from PD-205-HC (Planned Development-205-Highway Commercial) to PD-205R-HC (Planned Development-205 Revised-Highway Commercial), to amend the Planned Development to revise the Detail Site Plan to allow: a decrease in the number of buildings from 6 to 5 and number of parking spaces; an increase in the size of the total square footage from approximately 62,600-square feet to approximately 74,300-square feet, a modification of usage and revisions to the elevations for the proposed one- and two-story general and medical office buildings on 7.77 acres of property located along the north side of S.H. 121, approximately 670 feet east of Denton Tap Road. EXECUTIVE SUMMARY: Date of P&Z Meeting: June 16, 2005 Decision of P&Z Commission: Approval (5-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman and Kittrell voting in favor. None opposed. Commissioner Milosevich excused himself by filing an Affidavit of Conflict of Interest before the hearing began. Approval is recommended, subject to the following conditions: 1) Engineering comments will be generated upon detailed engineering review. 2) NOTE: Replat of Lots 3&4 will be required before construction can begin, unless constructed as previously approved (two separate buildings). Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @4PD-205R-HC VR 1-AR Item # 7 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-205R-HC, Vista Ridge Addition, Lots 1BR-8X, Block D (The Plaza) P & Z HEARING DATE: June 16, 2005 C.C. HEARING DATE: July 12 , 2005 STAFF REP.: Gary L. Sieb, Planning Director LOCATION: North side of S.H. 121, approximately 670’ east of Denton Tap Road. SIZE OF AREA: 7.77 acres of property CURRENT ZONING: PD-205-HC (Planned Development-205-Highway Commercial) REQUEST: Amend the Planned Development to revise the Detail Site Plan to allow a decrease in the number of buildings from 6 to 5, increase the size of the project from 62,600-square feet to 74,200-square feet, reduce parking, modify usage and revise the elevations. APPLICANT: Owner: Engineer: JDB Coppell Village Plaza Dowdey, Anderson & Associates, Inc. John Speanburg Casey Ross, EIT 434 Copperstone Trail 5225 Village Creek Drive, Suite 200 Coppell, Texas 75019 Plano, TX. 75093 (972) 745-7307 (972) 931-0694 Fax: (972) 745-7118 Fax: (972) 931-9538 Item # 7 Page 2 of 4 HISTORY: In March of 2004, a 22.5-acre lot was replatted into two lots, the western one being 14.8 acres and the site of a future health care facility. The remaining 7.7-acre lot was proposed to be replatted into six lots for future medical/office uses. The property was replatted and rezoned to a Planned Development in October of 2004. TRANSPORTATION: Denton Tap Road is a P6D, six-lane divided thoroughfare (120 feet of right-of-way). State Highway 121 is under construction and being built to freeway standards. It currently contains one-way service roads, each 33-feet wide within a 450-foot right-of-way. Highland Drive is a four-lane undivided roadway with 75 feet of right-of-way within the City of Lewisville. SURROUNDING LAND USE & ZONING: North- single-family residences; City of Lewisville South- State Highway 121; City of Lewisville East - vacant land under development; City of Lewisville West - vacant land (Presbyterian proposal); HC (Highway Commercial) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for regional retail uses. DISCUSSION: As mentioned in the HISTORY section of this report, this property has had recent development activity, including replatting and rezoning. In March of 2004, the current applicant replatted a 22-acre site into two lots, one containing the 1998 approved Presbyterian Hospital development, the second containing 7.7 acres which detailed an eventual medical/office building complex. In addition to the office development located in the City of Coppell, the proposal showed a townhouse development in Lewisville. Lewisville subsequently approved a residential complex containing 102, 2-3 story townhouses with an office/commercial component located adjacent to the 121 Bypass to a depth of approximately 250 feet. The townhouse development is currently under preliminary Item # 7 Page 3 of 4 construction. In October of 2004, the 7.7-acre lot was rezoned to Planned Development to allow approximately 63,000-square feet of medical/office use in six buildings-- two two-story and the rest one-story structures. The property was also replatted into eight sites, six for the buildings described above, and two into open space and landscaped lots. Since that time, the developer has had numerous conversations with potential users and has recently found interest for developing the property in a slightly different configuration. Basically, the request before you now would increase the total square footage of the project from the above-mentioned 63,000 feet to 74,238 feet. That change would be accommodated by increasing the size of the Lot 1 building from 7,240- to 10,000-square feet; Lot 2 building size from 7,950- to 10,032-square feet; combining Lots 3 and 4 into one building site and changing from a 6,900-square-foot building on Lot 3 and a 6,550- square-foot building on Lot 4 to be combined into one lot with a building size of 19,804-square feet. As a sidebar, to combine Lots 3 and 4 into one lot will require the replatting of these two lots. The applicant is aware of this fact and will replat in the future. Lots 5, 6, 7 and 8 would remain as initially approved. In addition to increasing the size of several buildings, use of the structures has also changed. Office use has replaced medical use for a subsequent reduction in required parking. You will note that medical-use parking must be provided at a ratio of 1:175, whereas office parking is provided at a 1:300 ratio. Therefore, the buildings can be enlarged with subsequent reduction of parking (provided the use changes to a less-intense use) all on the same parcel as initially approved. The single-story buildings have also been redesigned as shown on the elevations and color board and are somewhat more attractive than the original. They meet the design guidelines of our ordinances and require no modification from our current standards. In short, although additional square footage has been added to the Site Plan, adequate parking, appropriate screening, landscaping and traffic circulation all remain unchanged. Item # 7 Page 4 of 4 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of this request, subject to the following conditions: 1) Elevations need to reflect street side appearance, not parking lot side. 2) Engineering comments will be generated upon detailed engineering review. 3) Although difficult to determine from Site Plan drawing, all dumpsters must be screened with a masonry-screening wall. 4) Elevation footprints and Site Plan footprints need to match. 5) NOTE: Replat of Lots 3&4 will be required before construction can begin. 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) Planned Development Regulations 2) Site Plan 3) Landscape Plan 4) Color Elevations SHEETDRAWNDESIGNCHECKEDDATESCALEJOBDOWDEY, ANDERSON & ASSOCIATES, INC.1103072C1"=40'5/17/04JCRJCRWAACITY OF COPPELLDALLAS/DENTON COUNTY, TEXAS DEPT: Planning DATE: July 12, 2005 ITEM #: 16 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD-203R-R, Nationwide Insurance, zoning change request from PD-203-R (Planned Development-203-Retail) to PD-203R-R (Planned Development-203 Revised-Retail) to amend the Planned Development to allow the construction of a 3,028-square-foot office building on 0.42 of an acre of property located at the southwest corner of Sandy Lake and Moore Roads. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: June 16, 2005 Decision of P&Z Commission: Approval (4-2) with Commissioners Borchgardt, McCaffrey, Foreman and Kittrell voting in favor. Commissioners Hall and Milosevich opposed. Approval is recommended, subject to the following condition: 1) The size and style of each tenant’s lettering will need to match. Replace “Lease Space Available” with “Additional Leasee Signage”. 2) Show 10’ x 20’ water easement on Site Plan. Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @5PD-203R-R NI 1-AR Item # 8 Page 1 of 5 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-203R-R, Nationwide Insurance P & Z HEARING DATE: June 16, 2005 C.C. HEARING DATE: July 12 , 2005 STAFF REP.: Matt Steer, City Planner LOCATION: Southwest corner of Sandy Lake and Moore Roads. SIZE OF AREA: 0.42 of an acre of property CURRENT ZONING: PD-203-R (Planned Development-203-Retail) REQUEST: Amend the Planned Development to allow the construction of a 3,028- square-foot office building. APPLICANT: Applicant: Engineer: Architect: David King Jim Dewey, Jr. Bob Anderson Nationwide Insurance JDJR Engineers Plan Solutions Architects 110 W Sandy Lake #116 2500 Texas Dr. #100 393 E Las Colinas Blvd #169 Coppell, TX 75019 Irving, TX 75062 Irving, TX 75039 Phone: (972) 393-3311 Phone: (972) 252-5357 Phone: (972) 373-9999 Fax: (972) 393-4945 Fax: (972) 252-8958 Fax: (972) 373-9001 HISTORY: This property is currently Lot 1, Block A, of the Stringfellow Addition, a residential subdivision filed in November 1961. Since the initial subdivision, different portions have been replatted. Nash Manor divided one of the original lots into multiple lots, and the Stringfellow Addition Replat amended the lot line between Lots 4 & 5, Block B. In August 2004, a replat was approved by the City Council for this lot; however, it was not filed and has since expired. At that time, the property was rezoned to PD-203-R to allow for a florist to occupy a 2,700-square-foot building with 12 parking spaces. Item # 8 Page 2 of 5 TRANSPORTATION:Sandy Lake Road has recently been improved to a four-lane divided thoroughfare, built generally within 95-feet of right-of-way. Moore Road is a two-lane undivided collector street, built within 60-feet of right-of-way. SURROUNDING LAND USE & ZONING: North – Medical/Office building; C (Commercial) South – Residential; SF-12 (Single Family-12) East – Retail shopping center with gas pumps; R (Retail) West - Residential; SF-12 (Single Family-12) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for Neighborhood Retail. DISCUSSION: This request is to allow for the development of a one-story, 3,028-square- foot office building. As discussed in the HISTORY section of this report, this was originally platted as a residential subdivision. Office development is permissible within the current Planned Development and is in compliance with the 1996 Comprehensive Plan, which depicts Neighborhood Retail as an appropriate use. The proposed Site Plan is in compliance with the zoning regulations in terms of parking, signage and building height. There are 11 parking spaces required and 12 proposed. There is a carport shown that does not conform to the Zoning Ordinance’s required setbacks for accessory structures. Within a nonresidential district, the structure is required to be setback the same distance as the main building. Staff does not feel that this warrants an exception due to the residential adjacency and should be removed from the plans. As shown on the Tree Mitigation & Landscape Plan, the perimeter and interior landscaping requirements are not completely met. The perimeter landscape area along Moore Road is only 10-feet wide (15’ is required). This is acceptable to staff and may be approved as part of this Planned Development, due to the following unusual circumstances of the lot: 1. The applicant is required to have 11 parking spaces on-site. 2. The applicant is preserving three of the four existing trees (36” Red Oak and 24” & 29” Post Oaks). Item # 8 Page 3 of 5 3. The applicant is providing access points along both Sandy Lake and Moore Roads. In addressing staff’s concern about the alignment of the proposed drive on Moore Road to that of the shopping center’s drive across the street in the previously approved Site Plan, the applicant reduced the offset to 4’; therefore, slightly reducing the required 10’ perimeter landscaping on the south property line. An additional 1.5’ can be gained for landscaping if the proposed carport is removed from the plans and the parking spaces are reduced in length to 17’. Because this is a Planned Development, a concession to this requirement is again recommended. A minor reduction will allow for a closer alignment of the drives and leave enough area for the proposed trees along the property line. Originally, the easternmost of these parking spaces on the south end was shown as a dumpster location. Once the applicant discovered that a dumpster was not required, it was converted into an additional parking space. Staff recommends that this be converted to landscaping and a tree added. The trees along this property line will help screen this business use from the abutting residential use in addition to the required six-foot masonry-screening wall. The Zoning Ordinance calls for interior (parking lot) landscaping to be increased by the same corresponding distance if the parking space is reduced from 19’ to 17’ minimum. This reduction allows for the vehicle to overhang additional landscaping in place of pavement. On this proposal there are two instances in which this requirement is not met. Due to the overhang being accommodated by the perimeter landscaping, staff feels this is a reasonable exception to be granted. There are two proposed dead-end fire lane easements, one off Sandy Lake and one off Moore Road. These will allow for a fire truck to park and not block either of the roadways. There is a proposed fire hydrant located in the drive-island off of Sandy Lake. The easements and the hydrant are acceptable to the Fire Marshal and are in accordance with the Fire Code. The height of the building is approximately 29’. The elevations show the majority of the building to be “oxford red” brick with the facades along Sandy Lake and Moore Roads each having “natural stone” at the entry and window, respectively. There will be sunbrella-style awnings that are black in color on the north and east elevations. Each window will have black shutters on the Moore and Sandy Lake elevations with cast stone for the lintels and sills. The front entry is proposed to be a brown wood door with glass. The monument sign will match the building having both Item # 8 Page 4 of 5 “natural stone” and the “oxford red” brick with two tenants listed on the sign. The size and style of each tenant’s lettering will need to match. The phone number and “David H. King Agency” will also need to be removed. The proposed attached signage is as follows: 1. 23-square-foot logo and “Nationwide Insurance” on the east elevation. 2. 36-square-foot logo and “David H. King Insurance Agency” on the north elevation. 3. Nine-square-feet allowed for tenant on north elevation. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of this request, subject to the following conditions: 1) Remove the proposed carport from the plans as this does not meet the minimum setback requirements within a nonresidential district. 2) Include a landscape area in place of the proposed parking space on the southeast corner of the lot. This will reduce proposed parking by one. Ensure this is reflected in all notes. 3) Replace the “Existing Transformer” note with “Existing Drainage Inlet”. 4) Shield lights on rear and side elevations and ensure it meets the Glare and Lighting Standards of the Zoning Ordinance. 5) The size and style of each tenant’s lettering will need to match. The phone number and “Lease Space Available” will need to be removed. 6) The monument sign needs to be setback 15’ from the property line. 7) Ensure the dimensions on the Engineering Plans are the same as those submitted on the Site Plan. 8) Show the band of stamped concrete at the entry along Moore Road. 9) The Brick Screening Wall detail calls out "Wall design per City of Coppell Standards." Remove this call-out. The wall should be designed and sealed by a licensed P.E. and submitted to Building Inspections for review. ALTERNATIVES Item # 8 Page 5 of 5 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) Detail Site Plan 2) Specifications 3) Tree Mitigation and Landscape Plan 4) Elevations 5) Floor Plan DEPT: Planning DATE: July 12, 2005 ITEM #: 17 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of the Stringfellow Addition, Lot 1R, Block A, Replat, (Nationwide Insurance), being a replat of Tract 1, Block A, to allow the construction of a 3,028-square-foot office building on 0.42 of an acre of property located at the southwest corner of Sandy Lake and Moore Roads. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: June 16, 2005 Decision of P&Z Commission: Approval (6-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Milosevich and Kittrell voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Contact Larry Redick at 972-323-8917 to discuss electric easement requirements. 2) Compliance with the attached Engineering comments. Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @6Stringfellow Rep 1-AR Item # 9 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Stringfellow Addition, Lot 1, Block A, Replat (Nationwide Insurance) P & Z HEARING DATE: June 16, 2005 C.C. HEARING DATE: July 12 , 2005 STAFF REP.: Matt Steer, City Planner LOCATION: Southwest corner of Sandy Lake and Moore Roads. SIZE OF AREA: 0.42 of an acre of property CURRENT ZONING: PD-203-R (Planned Development-203-Retail) REQUEST: Replat approval to allow the construction of a 3,028-square-foot office building. APPLICANT: Applicant: Engineer: Architect: David King Jim Dewey, Jr. Bob Anderson Nationwide Insurance JDJR Engineers Plan Solutions Architects 110 W Sandy Lake #116 2500 Texas Dr. #100 393 E Las Colinas Blvd #169 Coppell, TX 75019 Irving, TX 75062 Irving, TX 75039 Phone: (972) 393-3311 Phone: (972) 252-5357 Phone: (972) 373-9999 Fax: (972) 393-4945 Fax: (972) 252-8958 Fax: (972) 373-9001 HISTORY: This property is currently Lot 1, Block A, of the Stringfellow Addition, a residential subdivision filed in November 1961. Since the initial subdivision, different portions have been replatted. Nash Manor divided one of the original lots into multiple lots, and the Stringfellow Addition Replat amended the lot line between Lots 4 & 5, Block B. In August 2004, a replat was approved by the City Council for this lot; however, it was not filed and has since expired. At that time, the property was Item # 9 Page 2 of 3 rezoned to PD-203-R to allow for a florist to occupy a 2,700-square-foot building with 12 parking spaces. TRANSPORTATION:Sandy Lake Road has recently been improved to a four-lane divided thoroughfare, built generally within 95-feet of right-of-way. Moore Road is a two-lane undivided collector street, built within 60-feet of right-of-way. . SURROUNDING LAND USE & ZONING: North – Medical/Office building; C (Commercial) South – Residential; SF-12 (Single Family-12) East – Retail shopping center with gas pumps; R (Retail) West - Residential; SF-12 (Single Family-12) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for Neighborhood Retail. DISCUSSION: The purpose of this replat is to add drainage easements and a fire lane. Because this is a residential replat, a notification to those property owners within 200’ within the existing subdivision was required. This notification was sent out to four additional property owners within the subdivision. None of the notices were returned in favor or opposition. The current drainage of the surrounding property to the south and west is through this lot. The applicant is proposing drainage improvements on the west property line; therefore, a 20’ drainage easement is proposed. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of the Replat, subject to the following conditions being met: 1) Please contact Larry Redick at 972-323-8917 to discuss electric easement requirements. 2) Ensure all easements shown on the plat are shown on the site plan and vice versa. 3) Refer to the attached Engineering Comments. Item # 9 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) Engineering comment sheet 2) Replat DEPT: Planning DATE: July 12, 2005 ITEM #: 18 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD-108R6-H, Historic Coppell Properties, Ltd., zoning change request from PD- 108-H and H (Planned Development-108-Historic and Historic) to PD-108R6-H (Planned Development-106 Revision 6-Historic), to amend the Planned Development and attach a Detail Site Plan to allow the development of two medical and office buildings totaling 33,108-square feet on approximately 3.3 acres of property located along the south side of Bethel Road, approximately 185 feet east of Coppell Road. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: June 16, 2005 Decision of P&Z Commission: Approval (6-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Milosevich and Kittrell voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) A Tree Removal Permit is required at the time of construction. 2) Include legend on Site Plan. 3) Re-evaluate trees to be preserved on Landscape Plan. 4) Recalculate landscape areas. 5) Remove vinyl windows (Typ.) and label all colors and materials on elevations. 6) Include chart on Tree Survey sheet. Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @7PD-108R6-H HCP 1-AR Item # 10 Page 1 of 5 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-108R6-H, Historic Coppell Properties, Ltd. P & Z HEARING DATE: June 16, 2005 C.C. HEARING DATE: July 12, 2005 STAFF REP.: Matt Steer, City Planner LOCATION: South side of Bethel Road, approximately 185 feet east of Coppell Road. SIZE OF AREA: 3.3 acres of property CURRENT ZONING: PD-108-H (Planned Development-108-Historic) REQUEST: PD-108R6-H (Planned Development-108 Revision 6-Historic), to attach a Detail Site Plan to allow the development of two medical and office buildings totaling 33,108-square feet. APPLICANT: Applicant: Roger (Skip) Blake, Architect Blake Architects 1202 S. White Chapel Rd., Ste. A Southlake, Texas 76092 Phone: (817) 488-9397 Fax: (817) 251-3205 HISTORY: In 1989, 115 acres were rezoned from PD-Recreation Center to PD-108 (known as the Springs of Coppell) for institutional, office, retail, commercial and light industrial uses. This property was owned by the Baptist Foundation, and their Concept Plan indicated a proposed university site east of Grapevine Creek. To the west of Grapevine Creek was a proposed park. The balance of the PD was Item # 10 Page 2 of 5 envisioned for light industrial/tech uses, with commercial and office buildings proposed along Denton Tap Road. In 1995, this PD was amended to allow for the development of The Summit at the Springs, a 46-lot SF-9 residential subdivision on approximately 30 acres located roughly 500 feet west of Denton Tap Road, south of Bethel Road. In 1998, this PD was amended to allow for The Reserve, a 23-lot residential subdivision on 9.7 acres of land located to the west of The Summit at the Springs. In 1998 a request to rezone a 37-acre tract (which now includes the Service Center site) from PD-LI and R to PD-SF-9 for 102 single- family lots (to be known as Westchase) was denied by City Council. This 37-acre tract was subsequently sold to the City of Coppell for future use. Recently, the base zoning of this area was rezoned to H (Historic), which incorporates specific development standards and use regulations. TRANSPORTATION: Bethel Road is two-lane asphalt road contained within a variable width right-of-way. Freese and Nichols has prepared the construction plans, which are now 90% complete, showing variable right-of-way widths and approximately 28’ of pavement with angled parking along the north side, adjacent to this request. Construction is scheduled to begin late 2006. SURROUNDING LAND USE & ZONING: North-single-family residential: SF9 South – vacant; H (Historic) & PD-108-H East - vacant; PD-108-H West -single-family residence; H (Historic) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for a use allowed in the Historic district (office uses are allowed). DISCUSSION: A Planned Development (PD) revision is necessary due to this property already being included within a larger PD. It is part of the recently approved Historic district that falls under the Design Guidelines of the Zoning Ordinance. The Site Plan package was evaluated under these guidelines and generated more comments than usual. This was expected, as the district regulations were being formulated when this project was being designed. Staff has worked with the applicant for an extended period of time and feels the majority of the issues have been addressed. Item # 10 Page 3 of 5 The outstanding technical issues are outlined as conditions within the STAFF RECOMMENDATION section. Site Plan This request is for a two-phased office and medical office development. Phases I & II encompass 16,687-square-foot- and 16,421-square-foot- buildings (including porch areas). The parking area is proposed to be concrete, although asphalt is acceptable in this district. The applicant feels the greater life span of concrete far outweighs the less expensive asphalt construction. The first phase requires 89 parking spaces, calculated at a ratio of 1 space per 175-square-feet of building area; 89 are provided. The parking is shown at the rear of the building, as outlined in the Design Guidelines. There are 90 parking spaces required for the Phase II building, and the applicant is meeting this requirement. One of the PD conditions being requested is to locate Phase II parking in front of the building, which is a variance to the recently approved Historic district development standards. Staff recommends including this as a condition because the parking area will be screened with landscaping. There is a shared drive extending south into the site from Bethel Road. This is located along the mutual property line between Phases I and II. A fire lane extending to Coppell Road is required to be constructed within two years from completion of the Phase I structure. The applicant has an option to purchase the land for Phase II within two years from the issuance of a Certificate of Occupancy for Phase I. Therefore, the delayed construction of the fire lane will allow for this decision to be made. The fire lane will give the EMS a second point of access from a different road. It will also serve as valuable access during the construction of the proposed improvements to Bethel Road. Victorian-style street lamps are proposed for the parking area. These are approximately 14’ in height and will match those approved for the Historic district (already installed in the Old Coppell Townhomes development). Landscaping Plan and Tree Preservation The interior landscaping, or parking lot landscaping, is in compliance with the requirements of the Historic district. The applicant is requesting a PD condition allowing for a reduction to the required perimeter landscaping along the south side of Phase II. Staff can support this reduction as the adjacent property is currently owned by the City of Coppell and is designated as green/open space with a trail system in the Old Coppell Master Plan. Item # 10 Page 4 of 5 There are nine trees being removed within Phase I, totaling 153-caliper inches. Tree mitigation fees of $11,530 are required to be paid at time of removal; however, some of this cost can be reduced if the proposed trees shown on the Landscape Plan are increased in size over the minimum 3- caliper inches. The Tree Survey for Phase II shows 1,007- caliper inches, and the applicant is analyzing ways to preserve some of the trees and also to reduce the cost by increasing the proposed tree sizes. Elevations / Signage The structures exceed the 5,000-square-foot threshold specified in the Historic district that would require a Special Use Permit; however, this variance can be included as a condition within this Planned Development. The proposed building materials are brick, stone and cedar. Brown brick is the primary building material with natural stone used on the gables and at entry points. Cedar is used on the lintels above the windows and as an accent on the dormers and building. The height of the proposed structures is 26.5’and is in compliance with the maximum allowable height of 35’. The first phase is oriented to the street, with entries shown on both the north and south elevations. The north elevation for this phase has several roof line variations and multiple gable ends fronting the street. Although vinyl windows are shown on the black and white elevations, the applicant has agreed to the more traditional bronze aluminum. The windows are vertically oriented with clear panes as outlined in the Design Guidelines. The dormers on the roof break up the expanse. There is brick proposed along the bottom of the buildings to meet the brick foundation requirement. The proposed letters of the sign are to be of bronze material, black in color. The attached sign areas depicted are 12’ wide by 2.5’ tall. The signs will read “Historic Coppell Properties” and will be located on each end of the structure. The letters are black and will be externally lit with a spotlight shining down on the sign, so as not to spill over into the surrounding properties. No monument sign is permitted. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of this request, subject to the following conditions: 1) A Tree Removal Permit is required at the time of construction. Item # 10 Page 5 of 5 2) Label various materials on Elevations. 3) Show proposed sign area with dimensions and total square footage. Sign shall be bronze material, black in color. 4) Show details of proposed on-site sidewalk (color, paver type) as encouraged within the Old Coppell Design Guidelines. 5) All windows shall be bronze aluminum (not vinyl) with clear panes. 6) Enlarge the PD Conditions Note. 7) Include legend on Site Plan. 8) Remove hatching from Site Plan. 9) A registered Landscape Architect is required to seal Landscape Plans. 10) Show trees to be preserved on the Landscape Plan. 11) Recalculate landscape areas. 12) Remove the majority of the random information from the proposed Bethel Road improvements (Leave proposed pavement, proposed sidewalk, existing fire hydrants). ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Site Plan 2) Elevations 3) Tree Survey 4) Landscape Plan Area Surveying, Inc. R EGISTERED P ROFESSIONAL L AND S URVEYORS 135 Sheffield Drive Fort Worth, TX 76134 817-293-5684 T REE C HART H ISTORIC C OPPELL P ROPERTIES Tree No. DBH-Species Canopy Points Crown Class % Live Crown 401 15IN-CEDAR 15-10-16-14 D 60 402 16IN-CEDAR 15-15-12-12 D 60 403 30IN-PECAN 30-45-42-40 D 95 404 11IN-TREE 15-15-15-9 D 80 405 17IN-PECAN 18-27-31-12 C 90 406 14IN-PECAN 31-15-27-18 C 90 407 13IN-BOIS D’ARC 15-20-24-12 D 80 408 10IN-HACKBERRY 20-12-4-10 C 40 409 12IN-MESQUITE 20-0-0-0 C 70 410 10IN-HACKBERRY 10-12-16-18 D 70 411 12IN-BOIS D’ARC 18-12-18-20 C 80 412 9IN-CEDAR 12-12-14-10 D 50 413 10IN-HACKBERRY 10-18-12-15 C 50 414 12IN-HACKBERRY 18-18-14-10 D 80 415 19IN-MESQUITE 27-7-12-25 D 60 416 20IN-TREE 10-10-8-12 D 30 417 24IN-PECAN 22-35-29-30 D 90 418 18IN-PECAN 24-20-15-15 C 70 419 13IN-HACKBERRY 21-0-15-18 S 80 420 10IN-HACKBERRY 24-3-6-10 D 70 421 13IN-MESQUITE 20-20-16-14 D 50 422 13IN-MESQUITE 12-0-0-3 D 40 423 12IN-BOIS D’ARC 20-15-10-10 C 50 424 8IN-PECAN 15-10-0-8 C 80 425 15IN-ELM 25-25-16-16 D 80 426 8IN-CEDAR 5-12-10-8 C 50 427 18IN-PECAN 20-18-22-25 D 80 428 10IN-PECAN 8-8-10-12 C 60 429 10IN-MESQUITE 20-3-0-6 I 30 430 15IN-CEDAR 18-7-10-10 D 70 431 19IN-MESQUITE 20-22-12-10 D 50 432 8IN-ELM 6-10-15-10 D 60 433 10IN-MESQUITE 0-0-20-15 C 30 434 6IN-CEDAR 10-10-8-12 C 60 435 14IN-MESQUITE 24-4-0-0 C 50 436 9IN-CEDAR 10-8-10-12 C 60 437 10IN-TREE 10-20-15-0 C 60 Page 1 of 2 Area Surveying, Inc. R EGISTERED P ROFESSIONAL L AND S URVEYORS 135 Sheffield Drive Fort Worth, TX 76134 817-293-5684 438 7IN-ELM 20-0-0-0 C 30 439 7IN-CEDAR 8-10-8-6 C 30 440 14IN-HACKBERRY 12-9-15-20 C 90 441 12IN-HACKBERRY 27-15-12-9 C 80 442 17IN-PECAN 18-15-15-21 D 95 443 10IN-HACKBERRY 10-15-14-10 D 75 444 22IN-PECAN 24-21-18-24 C 90 445 22IN-PECAN 15-14-18-15 D 90 446 20IN-PECAN 21-18-18-15 C 90 447 18IN-PECAN 24-15-24-27 C 90 448 30IN-PECAN 25-26-21-18 C 90 449 18IN-PECAN 27-15-16-15 C 95 450 20IN-PECAN 30-25-18-24 C 95 451 18IN-PECAN 27-21-12-15 C 90 452 20IN-TREE 20-24-18-18 C 95 453 19IN-TREE 20-22-18-16 D 80 454 24IN-PECAN 35-30-32-30 D 80 455 14IN-PECAN 21-15-24-18 C 90 456 26IN-PECAN 22-20-24-22 C 85 457 20IN-PECAN 24-21-22-18 C 95 458 16IN-PECAN 21-18-24-15 C 90 459 12IN-PECAN 24-21-18-20 C 80 460 16IN-PECAN 15-21-18-18 C 50 461 6IN-CEDAR 12-10-12-8 S 60 462 24IN-PECAN 24-21-18-18 D 80 463 16IN-PECAN 18-15-18-12 D 80 464 20IN-MESQUITE 10-20-16-8 D 60 467 16IN-CEDAR 12-10-14-18 D 60 468 14IN-MESQUITE 12-18-15-14 D 60 469 14IN-MESQUITE 6-15-12-0 C 50 470 10IN-HACKBERRY 14-12-10-12 D 70 471 22IN-MESQUITE 0-0-20-10 C 50 472 14IN-MESQUITE 25-12-10-15 D 50 473 10IN-MESQUITE 25-16-0-12 D 50 474 24IN-PECAN 35-34-30-38 D 80 475 35IN-PECAN 30-35-32-30 D 70 476 20IN-PECAN 30-20-15-20 D 70 477 10IN-HACKBERRY 22-16-25-20 I 80 478 16IN-MESQUITE 18-15-14-15 D 90 Crown Class: I=Intermediate; S=Supressed; C=CoDominate; D=Dominate C:\Projects\44605\Tree Chart.doc Page 2 of 2 DEPT: Planning DATE: July 12, 2005 ITEM #: 19 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the Historic Coppell Properties, Ltd., Addition, Lots 1 and 2, Block 1, Minor Plat, to allow the development of a 16,687-square-foot medical and office building on Lot 1, containing approximately 1.6 acres of property, and platting Lot 2, containing approximately 1.6 acres, for development of a future 16,421-square-foot medical and office building in Phase Two, located along the south side of Bethel Road, approximately 185 feet east of Coppell Road. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: June 16, 2005 Decision of P&Z Commission: Approval (6-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Milosevich and Kittrell voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Contact Larry Redick at (972) 323-8917 to discuss electric easement requirements. 2) A Tree Removal Permit is required at time of construction. 3) Under Developer Contact Information, rename to “Historic Coppell Properties”. 4) Remove all random lines (Lot 2 and Bethel). 5) Dimension all property line segments (southwest end of Lot 1). 6) Compliance with Engineering comments. Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @8HCP, L1&2,B1 MP 1-AR Item # 11 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Historic Coppell Properties, Ltd., Addition, Lots 1&2 Block 1, Minor Plat P & Z HEARING DATE: June 16, 2005 C.C. HEARING DATE: July 12, 2005 STAFF REP.: Matt Steer, City Planner LOCATION: South side of Bethel Road, approximately 185 feet east of Coppell Road. SIZE OF AREA: 3.3 acres of property CURRENT ZONING: PD-108-H (Planned Development-108-Historic) REQUEST: Minor Plat approval to allow the development of an approximate 16,687-square-foot medical and office building on Lot 1 (Phase I) and development of a 16,421–square-foot medical and office building on Lot 2 (Phase II). Both phases contain approximately 1.6 acres. APPLICANT: Applicant: Roger (Skip) Blake, Architect Blake Architects 1202 S. White Chapel Rd., Ste. A Southlake, Texas 76092 Phone: (817) 488-9397 Fax: (817) 251-3205 HISTORY: In 1989, 115 acres were rezoned from PD-Recreation Center to PD-108 (known as the Springs of Coppell) for institutional, office, retail, commercial and light industrial uses. This property was owned by the Baptist Foundation, and their Item # 11 Page 2 of 3 Concept Plan indicated a proposed university site east of Grapevine Creek. To the west of Grapevine Creek was a proposed park. The balance of the PD was envisioned for light industrial/tech uses, with commercial and office buildings proposed along Denton Tap Road. In 1995, this PD was amended to allow for the development of The Summit at the Springs, a 46-lot SF-9 residential subdivision on approximately 30 acres located roughly 500 feet west of Denton Tap Road, south of Bethel Road. In 1998, this PD was amended to allow for The Reserve, a 23-lot residential subdivision on 9.7 acres of land located to the west of The Summit at the Springs. In 1998 a request to rezone a 37-acre tract (which now includes the Service Center site) from PD-LI and R to PD-SF-9 for 102 single- family lots (to be known as Westchase) was denied by City Council. This 37-acre tract was subsequently sold to the City of Coppell for future use. Recently, the base zoning of this area was rezoned to H (Historic), which incorporates specific development standards and use regulations. TRANSPORTATION: Bethel Road is a two-lane asphalt road contained within a variable width right-of-way. Freese and Nichols has prepared the construction plans, which are now 90% complete, showing variable right-of-way widths and approximately 28’ of pavement with angled parking along the northwest side, adjacent to this request. Construction is scheduled to begin late 2006. SURROUNDING LAND USE & ZONING: North-single-family residential: SF9 South – vacant; H (Historic) & PD-108-H East - vacant; PD-108-H West -single-family residence; H-Historic COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for a use allowed in the Historic district (office uses are allowed). DISCUSSION: The purpose of this Minor Plat is to allow for the development of a two lot, 3.3-acre subdivision containing two office and medical office buildings. Both lots are approximately 1.6 acres in size. Fire lane, mutual access and utility easements are shown throughout. There is a proposed fire lane to be extended to Coppell Road within two years of the issuance Item # 11 Page 3 of 3 of a Certificate of Occupancy for Phase I. There is a small portion of right-of-way being dedicated for right-of-way for Bethel Road. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of the Minor Plat, subject to the following conditions being met: 1) Contact Larry Redick at (972) 323-8917 to discuss electric easement requirements. 2) A Tree Removal Permit is required at time of construction. 3) Under Developer Contact Information, rename to “Historic Coppell Properties”. 4) Reduce the circle symbol size at the end of each line segment. 5) Show bearings on the south property line with distances. 6) Move floating circle to end of C2 curve. 7) Include all radii not already reflected in curve table. 8) Remove all random lines (Lot 2 and Bethel). 9) Show acreage of right-of-way dedication. 10) Dimension all property line segments. 11) Compliance with Engineering comments (attached). ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Engineering comments 2) Minor Plat CITY OF COPPELL 2nd DRC REPORT Project ID MP-05-0018 Project Type Minor Plat Project Name Bethel Historical Properties Addition, Lots 1, 2 Project Description to allow the development of a 16,677 square foot medical office on Lot 1 containing 1.615 acres of property and platting Lot 2, containing 1.641 acres for Phase Two Application Date 4/22/2005 Case Manager Matt Steer 1 Address Bethel Rd of 1 CommentsAgency Preliminary Utility Plan 1. Provide a manhole or clean-out, as appropriate, where the private sanitary sewer meets the public system. 2. Coordinate the future connections to Coppell Road with the easements dedicated on the plat. Engineering DEPT: Engineering DATE: July 12, 2005 ITEM #: 20 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a resolution adopting the approved preferred alignment of Sandy Lake Road (Coppell Road to Denton Tap Road) as described in the Memorandum of Agreement, and authorizing the Mayor to sign; and consider approval of the Supplemental Agreement to the Master Agreement Governing Transportation Major Capital Improvement Projects between the County of Dallas and the City of Coppell, and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of this agenda item will allow the City and Dallas County to proceed with the implementation of the Supplemental Agreement necessary to obtain partial funding from Dallas County for the construction of Sandy Lake Road, Phase 'B'. Staff will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: #WSandy Lk MEMORANDUM TO:Mayor and City Council FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works DATE:July 12, 2005 REF:Consider approval of a resolution adopting the approved preferred alignment of Sandy Lake Road (Coppell Road to Denton Tap Road) as described in the Memorandum of Agreement, and authorizing the Mayor to sign; and consider approval of the Supplemental Agreement to the Master Agreement Governing Transportation Major Capital Improvement Projects between the County of Dallas and the City of Coppell, and authorizing the City Manager to sign. In March 2000, the Engineering Department submitted Sandy Lake Road (S.H. 121 to Denton Tap Road) to Dallas County for consideration of partial funding through the Major Capital Improvement Program (MCIP). The project was approved and received funding in the amount of $1,300,000 for the fiscal year (FY) 2006. The City Council approved the Master Agreement that defined the partnership and roles of the County and the City in association with the project on December 12, 2000. An engineering contract with Teague Nall and Perkins (TNP) for the design of the project was also approved during the same City Council meeting. The County authorized the Master Agreement by court order dated April 24, 2001. Teague Nall and Perkins was directed to prepare the construction plans in two phases, Phase 'A' (S.H. 121 to Coppell Road N.) and Phase 'B' (Coppell Road N. to Denton Tap Road). The City realized that the eastern section of Sandy Lake Road had numerous issues that would affect construction. These included tree removal, right-of-way acquisition, existing landscaping and irrigation, and the relocation of four of the smaller TXU electric transmission lines. Phasing the project allowed the City the opportunity to start construction of Phase 'A' prior to FY 2006 since this section of Sandy Lake Road provides commercial traffic access to the facilities located along Royal Lane, Sandy Lake Road, and Freeport Parkway. The City met with the County several times regarding this project and they were aware that the project would be designed and constructed in two phases. They requested that the City complete and submit the required Design and Construction Criteria sheets for both phases of the roadway. In February 2003, the City requested the County consider moving all or a portion of the $1,300,000 forward for use on the construction of Phase 'A'. The City contacted the County again in October 2004, to inquire if a decision had been made and to ensure that we were following the necessary steps for funding. We were told that Dallas County staff had decided not to participate on Phase 'A' and that the entire amount would be available for Phase 'B', which was scheduled to start construction after FY 2006. The City then held a public meeting for Phase 'B' on December 7, 2004 for the purpose of reaching a consensus on the design and alignment of the project as presented in the schematic design plans dated December 2001. Design of Phase 'A' is now 95% complete and TNP is ready to start the preliminary design of Phase 'B'. The next step in the funding process is for the City to enter into a Supplemental Agreement with the County. The supplemental Agreement incorporates the Memorandum of Agreement (MOA) and Attachment 'A' - Design and Construction Criteria. It establishes the contractual rights and responsibilities of both entities and must be accompanied by a resolution adopting the preferred alignment as described in the MOA. The MOA incorporated the results of the public meeting and identifies the funding requirements and basic scope of the project. With this agenda item, a copy of the resolution and the Supplemental Agreement with attached Memorandum of Agreement and Attachment 'A' - Design and Construction Criteria for Section 'B' are provided. Staff recommends approval of the resolution and Supplemental Agreement necessary to obtain partial funding from Dallas County for the construction of Sandy Lake Road, Phase 'B'. Staff will be available to answer any questions at the Council meeting. 1 MEMORANDUM OF AGREEMENT ST 99-02B SANDY LAKE ROAD (Coppell Road N. To Denton Tap Road) DECEMBER 7, 2004 The following items summarize the consensus developed at the December 7, 2004 Public Meeting on the Schematic Design Plans for Sandy Lake Road Plans dated December 2001. CITY OF COPPELL Ken Griffin Keith Marvin Suzan Taylor TEAGUE NALL AND PERKINS Michael Jones Mark Holliday Matt Atkins OAKBEND ADDITION Jack Clark Julio Len John Kellen Sandra Scott WOODLANDS OF COPPELL Andrew Felder Shannon Norris Robert Green Leslie Cardenus Michele Vowell SHADOW WOODS EST. James Braun KIRBY ADDITON Walter Pettyjohn SUMMERPLACE R.W. Keeping Nancy Petterson FOREST COVE Patrick Ferguson Jason Holz Cliff Hall John Fer Chuck/Netty Beaupre Michelle Moate Shawnda Lombardozzi Steven Smith COTTONWOOD EST. Alex Pier Rodger Anderson GEORGIAN PLACE Jayesh Patel Atul Barve Jorge Aguirre Ken Langston WHISPERING HILLS Ed/Nancy Healy SHADYDALE ACRES Kelly Durso VILLAGE @ COTTONWOOD CREEK April/David Terry Mike Gayler Vickie Lundquist John Sanders Susan Clark Kevin Lindbloom Steve Johnson Don Gant R.K. Jones John Walker Bill/Becky Miel Barney Barnett Tom Shapley 1. The scope for the ST 99-02B Sandy Lake Road Project is defined in the attached Design and Construction Criteria (Scope Items dated July 20, 2004, Attachment A). 2. City of Coppell will be the LEAD AGENCY for the project and provide project management including management of the design engineering consultant contract with Teague Nall and Perkins, Inc., consultant for the project. The City of Coppell Project Manager for the project will be Ken Griffin, P.E., Director of Public Works/Engineering. 3. A consensus regarding ST 99-02B Sandy Lake Road typical section alignment and known issues was reached at the Public Meeting 4. Funding allocations will be as specified in the attached “Current Cost Estimates and Funding Sources.”(Attachment B) In the event that the estimated costs need to be revised, the percentages reflected in the dollar amounts shown will remain constant, subject to approval from the City of Coppell and Dallas County. 2 5. The proposed schedule was established in the attached “Proposed Project Schedule.” (Attachment C) The consultant will review shortening the schedule in each place where it is possible. 6. All issues as resolved in the attached “Public Meeting Notes” (Attachment D) are incorporated into this MEMORANDUM OF AGREEMENT for all purposes. ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: 3 W. Sandy Lake Road (Coppell Road N. to Denton Tap) ST 99-02B Date: 07-01-05 PROJECT LENGTH: ±5786' PAVEMENT AND ALIGNMENT TOPICS PAVEMENT SECTION PAVING DESIGN CRITERIA: City of Coppell Construction Design Standards North Central Texas Council of Governments Standard Specifications for Public Works ROW WIDTH: Existing : Varies from 55' to 120' Proposed : 90' Minimum PAVEMENT WIDTH: Existing: 24' Proposed: 66' (4 lanes @ 12.5' + 16' median) No. of lanes proposed: 4-Lane Divided PARKWAY: Proposed Width: 12' minimum Proposed Sidewalk Width: 5' sidewalks & 8' hike and bike trail Parkway cross fall slope maximum: 3" per foot GRADE REQUIREMENTS: Is TC 6” below adjacent ground criteria to be followed? No Any deep cuts, high fills ? Yes PAVEMENT CROSS FALL PROPOSED; ¼ " per foot MINIMUM : ¼ " per foot MAXIMUM: ¼ "per foot ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: 4 W. Sandy Lake Road (Coppell Road N. to Denton Tap) ST 99-02B VERTICAL GRADE: MINIMUM: 0.5% MAXIMUM: 5.13% CENTERLINE ALIGNMENT POSITION: IN CENTER OF EXISTING ROW ? No OFFSET FROM CENTER: Varies ON BRAND NEW ALIGNMENT? No LEFT TURN LANES: 15 left turn lanes MINIMUM LENGTH: 155.5' MINIMUM STORAGE: 60' WIDTH: 11' ANY DUAL LEFT TURN LANES? No ANY FREE RIGHT TURN LANES? Yes (Denton Tap /Sandy Lake Road Intersection) CRASH CUSHIONS / ATTENTUATORS INVOLVED: No RAILROAD CROSSINGS INVOLVED: No ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: 5 W. Sandy Lake Road (Coppell Road N. to Denton Tap) ST 99-02B PAVEMENT STRUCTURE DESIGN WHEEL LOAD: 18 kip single axle load BUS AND HEAVY TRUCK TRAFFIC: YES X NO ROADWAY CLASSIFICATION: Major arterial MINIMUM PAVEMENT STRUCTURE THICKNESS: 8" MINIMUM PAVEMENT BASE OR SUBGRADE THICKNESS: 8" DESIGN SPEED: 50 MPH (40 MPH @ Coppell Road N. intersection and 45 MPH @Coppell S. intersection POSTED SPEED: 35 MPH MEDIANS MEDIAN WIDTH: 16' ANY MID BLOCK OPENINGS TO CONSIDER? YES NO X ANY SIDE STREETS TOO CLOSE FOR OPENING? YES X (Oak Trail & Georgian Drive) NO STANDARD TURN LANE WIDTH: 11' minimum & 12' maximum STANDARD NOSE WIDTH: 6' ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: 6 W. Sandy Lake Road (Coppell Road N. to Denton Tap) ST 99-02B DRIVEWAYS: MAXIMIMUM RESIDENTIAL GRADE: 6% MAXIMIMUM COMMERCIAL GRADE: 6% MINIMUM COMMERCIAL DRIVEWAY WIDTH: Width = 20' / 15' one-way Radius = 10' SIDE STREET CONSIDERATIONS: TURNING RADIUS MINIMUM: 35' major / 25' residential and minor streets PAVEMENT THICKNESS: 8" COMMERCIAL DRIVEWAY THICKNESS: 6" DRAINAGE TOPICS STORM SEWER DESIGN CRITERIA: TxDOT _____________ CITY City of Dallas Drainage Design Criteria HYDRO-35 _____X______ TP-40 _____________ INLET DEPTHS (APPROPRIATE FOR PAVEMENT THICKNESS): 4.5' (Typical) MINIMUM COVER LATERALS: 2' below subgrade (Typical) BRIDGES/BOX CULVERTS INVOLVED YES X NO 100 YEAR FLOOD PLAIN CONSIDERATION yes / 2 FT FREEBOARD ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: 7 W. Sandy Lake Road (Coppell Road N. to Denton Tap) ST 99-02B PERMITS COE 404 PERMITS NEEDED YES may be required because of Cottonwood Cr. NO ______ TNRCC 401 PERMIT YES may be required as part of the 404 permit NO ______ CDC PERMIT YES______ NO ___X__ EIS YES ______ NO __X___ ADA PERMIT YES __X___ NO ______ ANY OTHER PERMITS FROM OTHER AGENCIES SUCH AS TXDOT, DFW AIRPORT, DART ETC.? YES Texas Historical Commission NO UTILITIES LIST OF ALL KNOWN UTILITIES 1. SBC Communications, 2. TXU Electric Delivery, 3. Atmos Gas, 4. Verizon, 5. Comcast, 6. AboveNet, 7. 360networks (USA) DOCUMENT KNOWN RISKS FOR OUR UTILITY PARTNERS: roadway alignment moved to the south between S.H. 121 and Coppell Road N. to miss Brazos Electric transmission towers ARE UTILITIES ON EXISTING STREET R.O.W.? Yes DO UTILITIES OWN THEIR R.O.W. OR HAVE PREVIOUS EASEMENTS ? TXU has 40' utility easement HAS WORK ORDER BEEN ISSUED FOR SUE (Subsurface Utility Engineering) ? No ANY SPECIAL CONSIDERATIONS ? No ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: 8 W. Sandy Lake Road (Coppell Road N. to Denton Tap) ST 99-02B R-O-W ACQUISITION RIGHT OF WAY CONSTRAINTS, IF ANY, PROVIDE A LIST AND DESCRIPTION ALONG WITH DATA FOR RISK ASSESSMENT: Many of the newer residential developments have dedicated the right-of-way to accommodate the roadway widening. In addition, they have utility, landscape, and open space easements established beyond the right-of- way dedication. In the case of most older subdivisions, individual properties, and undeveloped tracts, the existing right-of-way is not sufficient for the proposed widening. There does not appear to be any right-of-way constraints. ANY NON-ROUTINE, i.e., CEMETARY, JUNK YARD, OLD CHURCHES, SERVICE STATIONS, CONTAMINATED SOILS, LANDFILLS, NOISE WALL CONSIDERATIONS, TRAILER PARKS, TREE ORDINANCES? YES NO __X__ ANY NON-CONFORMING ISSUES ? YES NO __X__ R-O-W MAP NEEDED YES completed NO ________ FIELD NOTES NEEDED YES completed NO ______ R-O-W PLATS NEEDED YES __X__ NO ______ RELOCATION ASSISTANCE INVOLVED YES ______ NO __X___ PARKING/LOSS OF PARKING CONSIDERATIONS YES ______ NO __X___ HISTORICAL SITE CONSIDERATION YES ______ NO ___X__ ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: 9 W. Sandy Lake Road (Coppell Road N. to Denton Tap) ST 99-02B USUAL CITY TOPICS OF CONCERN DESIGN STANDARDS TO BE USED ? City of Coppell Construction Design Standards & NCTCOG Standard Specifications for Public Works Construction ORDER OF PRECEDENCE OF STANDARDS: (1) City of Coppell Standards (2) NCTCOG AUXILIARY LANES? None PROVISIONS FOR FUTURE WIDENING? No LANDSCAPING? Under separate contract – Parks and Recreation Department EXPOSED AGGREGATE DRIVEWAYS, SIDEWALKS?No STAMPED/COLORED CONCRETE? Yes IRRIGATION? Yes – installation of the conduit is included in this project BRICK PAVERS? No STREET LIGHTING? Streetlights will be placed in the median – installation of the foundations and conduit will be included in this project. TXU will install wiring and streetlights. TRAFFIC SIGNALS? Yes at the Coppell Road North and Coppell Road South intersections PAVEMENT MARKINGS? Yes BIKE LANES (EXTRA WIDTH)? No NEW SIDEWALKS ? Yes DART BUS TURNOUTS? No BUS STOPS OR BUS SHELTERS? No ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: 10 W. Sandy Lake Road (Coppell Road N. to Denton Tap) ST 99-02B WATER UTILITY BETTERMENTS? No WATER UTILITY RELOC.? Yes SAN. SEWER BETTERMENTS? Yes SAN. SEWER RELOC.? Yes RETAINING WALLS? Decorative stacked-block retaining wall system (STONE, BLOCKS, GABIONS, PROPRIETARY TYPES) SOD, SEEDING, TOPSOIL? Yes DRAINAGE IMPROVEMENTS? Enclosed drainage system improvements and bridge RR CROSSING IMPROVEMENTS? No GRADE SEPARATIONS? No RAMPS OR CONNECTORS TO TXDOT FACILITIES? No SPECIAL SCHOOL OR EMERGENCY VEHICLE CONSIDERATIONS ANY NEARBY OR ADJACENT SCHOOLS, CITY HALL, FIRE OR POLICE DEPARTMENT REQUIRING SPECIAL CONSIDERATION? No PUBLIC INVOLVEMENT CITY COUNCIL APPROVAL OF ALIGNMENT, REQUIRED ? YES __X__ (approval of preliminary plans and award of construction contract) NO ______ HAVE ALL NEIGHBOR GROUPS PROVIDED EARLY INPUT? YES __X___ (citizen input solicited on 12/07/04) NO ______ ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: 11 W. Sandy Lake Road (Coppell Road N. to Denton Tap) ST 99-02B NEIGHBORHOOD MEETING, REQUIRED YES ___X __ (conducted on 12/07/04) NO _______ IF REQUIRED WHO CONDUCTS, CITY OR COUNTY? City CONSTRUCTIBILITY REPORT FROM INSPECTION STAFF, DOCUMENT ANY AND ALL ISSUES THAT MAY AFFECT PROJECT SCOPE, BUDGET, CONSTRUCTIBILTY, THE PROJECT SCHEDULE AND/OR THE SAFETY OF PROJECT ? Sandy Lake Road, from Coppell Road North to Denton Tap, is almost completely developed with residential subdivisions. Right-of-way will be required on both sides of the existing roadway. The existing irrigation and landscaping adjacent to the right-of-way, and currently maintained by an HOA, is an issue that will have to be addressed. Four of the smaller TXU Electric transmission poles will need to be relocated. They are located within an exclusive TXU easement and the relocation will be an expense of the City. There are overhead power lines on the south of Sandy Lake and five underground power line crossings that will need to be relocated. There is an overhead power line on the north side of the roadway that will need to be relocated. There are several underground lines that feed off of this line that will have to be evaluated. There is a high-pressure 24-inch gas line that crossed the roadway that may require lowering. There are gas distribution lines on both the north and south side of the roadway that will need to be relocated. Access across construction areas will need to be provided throughout all phases of construction. Temporary pavement will be needed to accommodate construction and to allow the existing roadway to remain in use. Most intersections will need to be constructed in phases to facilitate ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: 12 continuous access to and from Sandy Lake Road. Access to private drives will also have to be maintained. W. Sandy Lake Road (Coppell Road N. to Denton Tap) ST 99-02B The interconnect system of the proposed traffic signals will need to be addressed. Tree removal will be a major issue. MASTER AGREEMENT FUNDING On October 17, 2000, Dallas County Commissioners Court approved participation in Transportation Major Capital Improvement Projects for the Program Years 2004, 2005, and a portion of 2006 by Court Order 2000-2117 with a list of proposed accepted projects attached to the Court Order. A MASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS was executed by the City of Coppell and Dallas County pursuant to Court Order No. 2001- 814 dated April 24, 2001 which authorized transportation improvements. TOTAL ESTIMATED PROJECT COSTS $5,538,725 CITY AND/OR OTHERS PARTICIPATION $4,238,725 DALLAS COUNTY PARTICIPATION $1,300,000 13 ATTACHMENT "B" CURRENT COST ESTIMATES AND FUNDING SOURCES COST ESTIMATE Paving Improvements $3,289,140 Bridge Improvements 701,892 Water & Sanitary Sewer Improvements 188,000 Utility Adjustments 40,000 Storm Drain Improvements 614,693 Traffic Signal Improvements 155,000 Landscaping/Irrigation $550,000 TOTAL PROJECT COST $5,538,725 FUNDING SOURCE Dallas County $1,300,000 City of Coppell $4,238,725 TOTAL PROJECT FUNDING $5,538,725 14 ATTACHMENT "C" PROPOSED PROJECT SCHEDULE Award Consultant Contract December 2000 Schematic Design Complete December 2001 Public Meeting December 2004 Preliminary Design Complete (60%)October 2005 ROW Documents Complete March 2006 Primary Design Complete (90%)March 2006 Final Plans Complete August 2006 ROW Acquisition Complete December 2007 Utility Relocations Complete June 2008 Advertise For Bids July 2008 Award Construction Contract September 2008 Construction Complete March 2010 15 ATTACHMENT "D" WEST SANDY LAKE ROAD (COPPELL ROAD N. to DENTON TAP ROAD) ST 99-02B PUBLIC MEETING NOTES On December 7, 2004, the City of Coppell Engineering Department hosted a public meeting concerning design aspects of W. Sandy Lake Road. Over 1000 notices were sent to citizens in the adjacent subdivisions, and information was posted on the website and published in the local paper. Forty-four citizens attended the meeting along with three members of the consulting firm, Teague Nall and Perkins, Inc., and three city staff members Prior to the meeting, there was discussion on a one-to-one basis with citizens. The schematic design plans, dated December 2001, were available for review. The number one concern was the removal of trees adjacent to Sandy Lake Road. Most citizens seemed resolved to the fact that trees would have to be removed to complete the project. The formal part of the public meeting started with a review of how the city got to where it is today, which included information from the City of Coppell’s Thoroughfare Plan dating back to 1985 and leading up to the bond election in 1999. The schematic design plans were presented for discussion. The timetable for construction was discussed. Sandy Lake Road (from S.H. 121 to Coppell Road N.) is anticipated to go out to bid in the second quarter of 2005 and Sandy Lake Road (from Coppell Road N. to Denton Tap Road) is anticipated to go out to bid in the third quarter of 2007. The following issues were either resolved during the meeting or will be taken into further consideration by City staff as design of the roadway progresses: 1. There was a question about the placement of the proposed trail system on the south side of the roadway within a subdivision’s common area. The city will contact the president of the Home Owner’s Association (HOA) to determine how decisions are made for that particular HOA, either by the board or by the body. The city will make a presentation at a future HOA meeting and let the HOA determine if and where the trail can be constructed in the common area. 2. There was concern about overall tree removal and the proposed landscape plan. There were several questions concerning what type of landscaping will be planted. 16 The landscape plan (drought tolerant plants) will replicate what is placed along Sandy Lake Road (Denton Tap Road to MacArthur Boulevard). Several citizens expressed an opinion that they did not like what was planted in Sandy Lake Road. 3. There was concern for the spacing of the median openings and the fact that not every street can have a median opening. Every subdivision will have some type of median opening at one of the access points into the subdivision. 4. There was some concern expressed by several residents along the north side of the existing road that more of the proposed roadway was being built towards the north than the south. There are existing TXU transmission lines on the south side and the city is limited in its ability to work within their easement. The city will explore the possibility of moving the transmission poles to the median and then shifting the road south approximately eight to ten feet. The moving of the transmission poles will take City Council approval. The city will have to pay additional design fees for the consultant to redesign the roadway and the city will have to pay TXU to relocate their poles to the median. 5. Several citizens in the Woodlands of Coppell subdivision requested that a walkway be constructed beneath the proposed bridge on Cottonwood Creek so that children could cross Sandy Lake Road at that location and then walk down Winding Hollow to Cottonwood Creek Elementary. The city has some concerns on whether a walkway beneath the bridge will be utilized by children. In order to comply with the American with Disabilities Act, it will require a lengthy meandering walkway from the street section to the section beneath the bridge. The city does have several of these walkways in place and will take this request into consideration as the design progresses. The city anticipates having a follow-up public meeting in 2006. 51405 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, ADOPTING THE APPROVED PREFERRED ALIGNMENT OF SANDY LAKE ROAD PHASE 'B' (COPPELL ROAD NORTH TO DENTON TAP ROAD) AS DESCRIBED IN THE MEMORANDUM OF AGREEMENT ATTACHED TO THE SUPPLEMENTAL AGREEMENT TO MASTER AGREEMENT GOVERNING TRANSPORATION MAJOR CAPITAL IMPROVEMENT PROJECTS AND AUTHORIZING THE MAYOR TO EXECUTE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Sandy Lake Road project (S.H. 121 to Denton Tap Road) was approved for partial funding through the Major Capital Improvement Program for fiscal year (FY) 2006, and the Master Agreement was implemented on April 24, 2001; and WHEREAS, the design consultant, Teague Nall and Perkins, was directed to prepare the construction plans in two phases, Phase 'A' (S.H. 121 to Coppell Road N.) and Phase 'B' (Coppell Road N. to Denton Tap Road) in order to initiate construction of Phase 'A' prior to FY 2006; and WHEREAS, Dallas County made the decision not to participate in the construction of Phase 'A' and the entire funding amount is available for construction of Phase 'B', and WHEREAS, a public meeting for Phase 'B' was held on December 7, 2004 for the purpose of reaching a consensus on the design and alignment of the project as presented in the schematic design plans dated December 2001; and WHEREAS, the approved preferred alignment for Sandy Lake Road Phase 'B' is described in the memorandum of Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the City Council of the City of Coppell hereby adopts the approved preferred alignment for Sandy Lake Road, Phase 'B', which is attached hereto, and incorporated herein as Memorandum of Agreement, and that the Mayor is hereby authorized to execute the resolution providing for such adoption. 514 SECTION 2.This Resolution shall become effective immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the _______ day of _______________, 2005. APPROVED: DOUGLAS N. STOVER, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY DEPT: Finance DATE: July 12, 2005 ITEM #: 21 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance denying the request by Atmos Energy Corporation to implement an annual gas reliability infrastructure program rate increase, providing for notice hereof to said company, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: On December 17, 2004, Atmos Energy Corp. filed with the city of Coppell a request for an annual gas reliability infrastructure program (GRIP) rate increase for our customers. Based on our gas rate attorney’s recommendation, the city of Coppell passed a resolution on January 25, 2005 suspending Atmos’ request to implement this new type of rate increase referred to as GRIP surcharges. Based on our legal counsel’s recommendation and our consultant’s review of the rate increase filings, staff believes Atmos’ rate increase request is unjustified, unreasonable and is not in compliance with the GRIP statute. Therefore, staff is recommending the Ordinance denying Atmos’ GRIP rate increase request be approved. FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: $AtmosEnergy-1AgendaReq 1 ORDINANCE DENYING ATMOS’ GRIP REQUEST AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE COMPANY’S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; APPROVING COOPERATION WITH OTHER CITIES WITHIN THE ATMOS ENERGY CORP., MID-TEX DIVISION DISTRIBUTION SYSTEM AS PART OF THE ATMOS CITIES STEERING COMMITTEE (ACSC); AUTHORIZING ACSC TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; AUTHORIZING INTERVENTION AS PART OF ACSC IN ANY APPEAL OF THE CITY’S ACTION TO THE RAILROAD COMMISSION; APPROVING COSTS INCURRED AS REASONABLE AND PROVIDING A REQUIREMENT FOR PROMPT REIMBURSEMENT OF COSTS; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORP., MID-TEX DIVISION. WHEREAS, on or about December 17, 2004, Atmos Energy Corp., Mid-Tex Division, (the “Company”) filed with the City of Coppell (“City”), a request pursuant to Texas Utilities Code § 104.301 for an annual gas reliability infrastructure program (GRIP) rate increase for customers on the Company’s statewide gas utility system to be effective February 15, 2005, and subsequently extended that effective date until March 4, 2005, for some cities on its system ; and WHEREAS, the City has exclusive original jurisdiction to evaluate the Company’s request as it pertains to the distribution facilities located within the City, pursuant to Texas Utilities Code §§ 102.001(b) and 103.001; and WHEREAS, the City timely acted to suspend the effective date of Atmos’ proposed rate increase; and WHEREAS, it is reasonable for the City of Coppell to cooperate with other cities in a coalition of cities in opposition to the Company’s filing at the Railroad Commission (“Commission”), said coalition being known as Atmos Cities Steering Committee (“ACSC”), in any appeal of the cities’ actions to the Commission; and WHEREAS, the Gas Utility Regulatory Act grants local regulatory authorities the right to intervene in rate proceedings filed at the Railroad Commission; and WHEREAS, the Texas Utilities Code § 103.022 provides that costs incurred by the City in ratemaking activities are to be reimbursed by the regulated utility; and 2 WHEREAS, ACSC’s rate case expenses incurred in this proceeding are reasonable and should be reimbursed by the Company; and WHEREAS, counsel for ACSC, upon review of the Company’s filing and upon consultation with various consultants, recommends finding that the Company’s proposal is unjustified, unreasonable and is not in compliance with the GRIP statute (Texas Utilities Code § 104.301) either in fact or in law; and WHEREAS, information provided by the Company in response to ACSC’s requests for information indicates that the Company actually decreased per-customer investment in infrastructure during calendar year 2003; and WHEREAS, the Company has publicly stated that it will receive substantial profit in 2005 over that approved by the Commission in GUD No. 9400; and WHEREAS, the Company’s GRIP request fails to account for growth in numbers of customers, thereby undercounting the revenues it will receive from its proposed GRIP rate increase; and WHEREAS, the Company’s GRIP request fails to recognize that GUD No. 9400 rates included profit based on TXU Corporation’s capital structure rather than Atmos Energy Corp.’s current capital structure, which justifies a lower rate of return; and WHEREAS, the information reviewed by the ACSC consultants indicates that implementation of the Company’s GRIP request would result in further over-earning by the Company above that approved by the Commission in GUD No. 9400; and WHEREAS, in consideration of the city taking action before August 12, 2005, on the currently pending GRIP request, the Company has agreed not to file any additional GRIP requests before September 15, 2005. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Company’s GRIP rate increase request is found to be unjustified, unreasonable and in violation of the GRIP statute and is therefore denied in all respects. The defects in the request include, but are not limited to, the following: (a) the Company improperly calculated its 2003 rate base; (b) the Company included in its calculation projects unrelated to system improvement; (c) the Company failed to recognize the increased revenues it is now receiving due to increased rates approved by the Commission in GUD No. 9400 and due to customer growth; (d) information supplied by the Company indicated that the Company actually decreased its per-customer investment in infrastructure in calendar year 2003; (e) approval of the Company’s GRIP request would result in over-earning by the Company in the year of implementation; and (f) the Company has failed to demonstrate that it meets the statutory 3 prerequisites to qualify for a GRIP rate increase or that its proposed method of implementation of the GRIP statute constitutes a constitutional application of the statute. SECTION 2. That the City is authorized to cooperate with other Cities within the Company’s Distribution System that have formed ACSC to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations to the City regarding reasonable rates and to direct any necessary litigation associated with an appeal of this ordinance to the Commission. SECTION 3. That the costs incurred by ACSC in reviewing the Company’s GRIP request and representing ACSC in this proceeding are hereby found to be reasonable and, upon submission to the Company, shall be promptly reimbursed by the Company. SECTION 4. That the City is authorized to intervene in any appeal of the city’s action filed at the Commission, and to participate in any such appeal as a member of ACSC. SECTION 5. That this Ordinance shall become effective immediately from and after its passage, as the law and charter in such cases provide. SECTION 6. That it is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. SECTION 7. That a copy of this ordinance, constituting final action on the Company’s application, shall be forwarded to the appropriate designated representative of the Company within 10 days as follows: Richard Reis, Manager, Gas Regulation, Atmos Energy Corp., Mid- Tex Division, Lincoln Center II, 18th Floor, 5420 LBJ Freeway, Dallas, Texas, 75240. DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the ______ day of __________, 2005. APPROVED: ____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _____________________________ CITY ATTORNEY DEPT: City Manager DATE: July 12, 2005 ITEM #: 22 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Settlement Agreement between the city of Coppell and TXU Electric Delivery regarding show cause action relating to electric delivery rates, and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: !TXU DATE: July 12, 2005 ITEM #: 23 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork DATE: July 12, 2005 ITEM #: 24 AGENDA REQUEST FORM CITY MANAGER'S REPORT A. Council Goals FY 2006. Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork 05-06 Council Goals Calendarby DateRevised 06/13/2005Council Goal Work Plan Element Due Date ResponsibilityOCTOBER 05Public Facilities & Infrastructure Finalize project scope for the new Senior Center 10/05 CMO, ParksNOVEMBER 05Public Facilities & Infrastructure Present update Parks Master Plan Project Priority List to council 11/05 ParksPublic Facilities & Infrastructure Develop a list of uses for future 4B½-cent sales taxes 11/05 ParksPublic Facilities & Infrastructure Re-examine definition of public facilities and eligible projects associated with the IMF 11/05 CMO, FinanceDECEMBER 05Economic Development Present recommendation for development of DFW Airport property and revenue sharing 12/05 CMOPublic Facilities & Infrastructure Develop plan to integrate park maintenance into the IMF plan 12/05 Parks, FinanceJANUARY 06Economic Development Report to Council regarding retail strip center development / re-development 01/06 CMO, PlanningEconomic Development Develop master list of large tract properties (20+ acres) for commercial development 01/06 CMOFiscal Stability Annual review of outstanding debt; recommendations on refundable or callable debt 01/06 FinancePublic Facilities & Infrastructure Study impact of converting 379A and 4B½-cent to ½-cent tax for IMF & Parks 01/06 CMO, Finance, Parks, EngSafe Community 1st qrtly report on use of Traffic Speed Trailer and Directed Patrols 01/06 PoliceSafe Community Facilitate "Coppell 2025" process and solicit citizen involvement 01/06 CMO, PlanningPage 1 of 3 05-06 Council Goals Calendarby DateRevised 06/13/2005Council Goal Work Plan Element Due Date ResponsibilityFEBRUARY 06Neighborhood Integrity Identify maintenance obligations in common areas and subdivision improvements 02/06 PlanningFiscal Stability Update 5-Year Plan include expanded trend analysis section as needed 02/06 CMO, FinancePublic Facilities & Infrastructure Present annual update of IMF Plan to council 02/06 EngineeringMARCH 06Safe Community Implement the Code Red citizen notification system 03/06 CMO, Police, IS, FireCity Services/Citizen Satisfaction Explore opportunities to hire a lobbyist to assist in state and federal legislative efforts 03/06 AllAPRIL 06Safe Community 2nd qrtly report on use of Traffic Speed Trailer and Directed Patrols 04/06 PoliceSense of Community Define programs and services for proposed Senior Citizens Center 04/06 ParksJULY 06Safe Community 3rd qrtly reports on use of Traffic Speed Trailer and Directed Patrols 07/06 PoliceSEPTEMBER 06Neighborhood Integrity Assess condition of HOA and PO maintained properties by subdivision 09/06 Fire, EngineeringNeighborhood Integrity Create GIS layer of HOA/PO common areas and identified maintenance obligations 09/06 EngineeringPublic Facilities & Infrastructure Complete construction of the Town Center Commons project 09/06 ParksSafe Community Implementation of HB87, local residential speed limit modifications 09/06 EngineeringOCTOBER 06Safe Community 4th qrtly reports on use of Traffic Speed Trailer and Directed Patrols 10/06 PolicePage 2 of 3 05-06 Council Goals Calendarby DateRevised 06/13/2005Council Goal Work Plan Element Due Date ResponsibilityON GOING EFFORTSEconomic Development Periodic "Hot Spot" activity updates to council ongoing CMOEconomic Development Continue working with EDC on implementation of business retention plan ongoing CMOEconomic Development Work with Leslie Trust/BoA to develop strategy of development of property to maximize revenueongoing CMO, PlanningEconomic Development Recommendations regarding uses or sale of Heatly-Moist and Carter-Crowley ongoing CMONeighborhood Integrity Continue Neighborhood Integrity Communication Program ongoing FireNeighborhood Integrity Monitor master plan and zoning to ensure both are updated as needed ongoing PlanningNeighborhood Integrity Continue to meet with HOA officers to ensure information and issues are discussed ongoing CMONeighborhood Integrity Continue to send CoppellClips to HomeOwner Association Officers ongoing CMOFiscal Stability Implement program/policy financial impact form for projects not included in current budget or CIPongoing AllFiscal Stability Continue to monitor Streamlined Sales Tax (SST) initiative ongoing CMO, FinanceFiscal Stability Work on legislative issues that pose a threat to municipal revenues including SST ongoing CMOFiscal Stability Continue to work to influence the development of the North Lake Property ongoing CMOPublic Facilities & Infrastructure Proper representation on the Regional Transportation Committee ongoing CMOSafe Community Continue expansion of Citizen Emergency Response Teams ongoing FireSafe Community Use HOA's to educate public and provide information on emergency incidents and preparednessongoing CMO, Fire, PoliceSafe Community Develop information on Website to assist citizens with disaster preparedness ongoing CMO, FireSafe Community Continue Public Safety education classes ongoing Fire, PoliceSafe Community Facilitate emergency preparedness assistance to ISDs as required ongoing FireSense of Community Complete a feasibility study on ownership and operation of a municipal cemetery ongoing CMOSense of Community Address activities and programs for teens in community; work with Youth Advisory Committeeongoing Parks, Library, HR, CMOSense of Community Host & televise 3 Town Hall forums providing information on important city matters ongoing CMOSense of Community Explore joint cooperative maintenance and purchasing efforts with other taxing entities ongoing AllCity Services/Citizen Satisfaction Conduct two on-line citizen satisfaction surveys (early spring and late summer) ongoing IS, AllCity Services/Citizen Satisfaction Provide qtrly reports to council on department specific customer satisfaction surveys ongoing AllCity Services/Citizen Satisfaction Initiate a review and revision of the Code of Ordinances for completion in FY 07 ongoing AllPage 3 of 3 DATE: July 12, 2005 ITEM #: 25 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: July 12, 2005 ITEM #: 26 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: July 12, 2005 Department Submissions: Item Nos. 8/B and 20 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. 8/C, 12, 13, 14, 15, 16, 17, 18 and 19 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