CP 2006-04-11
NOTICE OF CITY COUNCIL MEETING AND AGENDA
APRIL 11, 2006
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, April 11, 2006, 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.
ag041106
Page 1 of 5
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. 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 and City of Coppell vs. CB Parkway Business Center VI, et
al in the County Court at Law No. 3, and CB Parkway Business
Center et al vs. City of Coppell, et al.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Update on Council Retreat.
B. Discussion of Agenda Items.
Adjourn Work Session.
PUBLIC ANNOUNCEMENTS
Public Service Announcements concerning local civic events and no Council
action is required or permitted.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
6. Pledge of Allegiance.
7. Citizens' Appearances.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: March 28, 2006.
B. Consider approval of a proposal from Dallas County, operating
under a previously approved City/County Agreement, to repair and
ag041106
Page 2 of 5
ITEM # ITEM DESCRIPTION
overlay the asphalt paving in the Northlake Woodlands Subdivision,
Phase 7, with Dallas County furnishing labor, materials and
equipment to perform the work; and authorize the City of Coppell
to pay $86,690.80, as budgeted in the IMF.
C. Consider approval of an Ordinance for Case No. S-1094R2-C, Dairy
Queen Restaurant, zoning change from S-1094R-C (Special Use
Permit-1094-Revised-Commercial) to S-1094R2-C (Special Use
Permit-1094 Revision 2-Commercial), to allow for the renovation of
the exterior facade of the existing building on approximately 0.4 of
an acre of property located at 110 Southwestern Boulevard, and
authorizing the Mayor to sign.
END OF CONSENT
9. PUBLIC HEARING (Continued):
Consider approval of Case No. PD-212-LI, Freeport North, northern portion
of Lot 1, Block 1, (CitiFinancial), zoning change request from LI (Light
Industrial) to PD-212-LI (Planned Development-212-Light Industrial), to
amend the approved Site Plan to allow an expansion to the off-street
parking areas; to allow deficits in parking and landscaping, and to allow
additional site modifications on 12.28 acres of property located at 1111
Northpoint Drive (southwest corner of Northpoint Drive and Royal Lane).
10. PUBLIC HEARING:
Consider approval of Case No. PD-213-H, Coppell Commons, zoning
change request from H (Historic) to PD-213-H (Planned Development-213-
Historic) with a Concept Site Plan to allow the development of 39
townhouse units, recreation, open space and common areas on 5.561
acres of property located along the east side of Coppell Road,
approximately 210 feet north of Bethel Road.
11. PUBLIC HEARING:
Consider approval of Case No. PD-199R3-HC, Vista Point II, Lot 2R, Block A,
zoning change request from PD-199-HC (Planned Development-199-
Highway Commercial) to PD-199R3-HC (Planned Development-199
Revision 3-Highway Commercial) to attach a Detail Site Plan to allow the
development of three buildings containing a total of approximately
115,525- square feet on 10.046 acres of property located along the west
side of MacArthur Boulevard, south of S.H. 121.
ag041106
Page 3 of 5
ITEM # ITEM DESCRIPTION
12. PUBLIC HEARING:
Consider approval of the Vista Point II, Lot 2R, Block A, Replat, to revise the
locations of the fire lanes to allow the development of three buildings
containing a total of approximately 115,525-square feet on 10.046 acres
of property located along the west side of MacArthur Boulevard, south of
S.H. 121.
13. PUBLIC HEARING:
Consider approval of Case No. S-1233-LI, T-Mobile, zoning change request
from LI (Light Industrial) to S-1233-LI (Special Use Permit-1233-Light
Industrial), to allow nine (9) flush-mounted panel telecommunication
antennae to be mounted on an existing water tower and an equipment
cabinet within the base of the water tower, located at 510 Southwestern
Boulevard.
14. Necessary action resulting from Work Session.
15. Mayor and Council Reports.
A. Report by Councilmember Peters regarding Metroplex Mayors’
Meeting.
B. Report by Mayor Stover regarding Citizens’ Summit.
C. Report by Mayor Stover regarding Clean Coppell Earthfest 2006.
D. Report by Mayor Stover regarding Employee Banquet.
E. Report by Mayor Stover regarding Budget Meetings.
F. Report by Mayor Stover regarding the Community Egg hunt on
April 15th.
16. Necessary Action Resulting from Executive Session.
Adjournment.
____________________________________
Douglas N. Stover, Mayor
ag041106
Page 4 of 5
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 7th day of April, 2006, at
__________________.
____________________________________
Libby Ball, City Secretary
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON
THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC
DOCUMENTS, COUNCIL PACKETS.
PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or
other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724
Carrying of a concealed handgun on these premises or at any official political meeting
in the City of Coppell is illegal.
Es ilegal llevar consigo un arma de fuego oculta, adentro de este edificio, o en
cualquier junta oficial de politica en la ciudad de Coppell.
ag041106
Page 5 of 5
KEY TO COUNCIL GOALS ICONS
2006
Economic Development
• Aggressively pursue development partnership on Lesley tract
• Analyze large tract development opportunities
• Continue “hot spot” focus
• Develop strategy for use/sale of city-owned property
• Study revenue enhancements
• Continue focus on vacant retail revitalization
Quality Public Facilities & Infrastructure
• Examine funding opportunities for IMF
• Study continued use of ½-cent sales tax for parks
• Continue focus on local and regional transportation efforts
• Provide quality park and recreation facilities for all
Excellent City Services & High Citizen Satisfaction
• Continue strategic planning for future costs of service delivery
• Timely response with quality service delivery
• Initiate review and revisions of Code of Ordinances
• Develop methods to enhance communication efforts
• Promote citizen involvement
• Examine our effectiveness at participating in state/federal legislative process
Sense of Community
• Develop and support community special events
• Develop and support activities for teens
• Embark on a “Coppell 2025” vision effort
• Continue to evaluate cemetery issue
• Evaluate services and programs for our senior adult community
• Continue to partner with taxing entities serving our community, particularly our ISD’s
Fiscal Stability
• Continue and refine financial planning and forecasting
• Continue systematic management and reduction of debt and expenditures
• Balance expenditures with ability to maintain over time
• Perform cost analysis on all approved projects and programs prior to implementation
• Protect the sales tax base from Streamlined Sales Tax initiative
• Remain aware of external factors and developments that potentially impact the financial
condition of the city
Neighborhood Integrity & Code Enforcement
• Maintain communication with neighborhoods and the community
• Update the Master Plan and Zoning as required
• Continue proactive neighborhood integrity programs
• Access HOA common area maintenance expectations and obligations
Safe Community
• Maintain and improve existing excellent level of service
• Continue focus on Homeland Security
• Provide quality public education programs
• Continue traffic/speed control efforts
DATE: April 11, 2006
ITEM #: ES-2
AGENDA REQUEST FORM
EXECUTIVE SESSION
A. Section 551.071, Texas Government Code – Consultation with City Attorney.
1. 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 and City of Coppell vs. CB Parkway Business Center VI, et al in the County
Court at Law No. 3, and CB Parkway Business Center et al vs. City of Coppell, et al.
Agenda Request Form - Revised 02/04 Document Name: %executivesession
DATE: April 11, 2006
ITEM #:WS-3
AGENDA REQUEST FORM
WORK SESSION
A. Update on Council Retreat.
B. Discussion of Agenda Items.
Agenda Request Form - Revised 02/04 Document Name:
%worksession
DATE: April 11, 2006
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: April 11, 2006
ITEM #: 8/A
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of minutes: March 28, 2006.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: %minutes
MINUTES OF MARCH 28, 2006
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, March 28, 2006, 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 (early departure)
Bill York, Councilmember
Also present were City Manager Jim Witt, City Secretary Libby Ball, and City
Attorney Robert Hager.
1. Call to order.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. 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 and City of Coppell
vs. CB Parkway Business Center VI, et al in the
County Court at Law No. 3, and CB Parkway
Business Center et al vs. City of Coppell, et al.
B. Section 551.072, Texas Government Code - Deliberation
regarding Real Property.
1. Discussion regarding Heatley-Moist property.
C. Section 551.087, Texas Government Code - Deliberation
regarding Economic Development Negotiations.
1. Economic Development Prospect on the west side of
Coppell.
cm032806
Page 1 of 12
ITEM # ITEM DESCRIPTION
Mayor Stover convened into Executive Session at 5:43 p.m. as allowed
under the above-stated article. Mayor Stover recessed the Executive
Session at 6:57 p.m. and opened the Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Keep Coppell Beautiful Committee
and the Park Board.
B. Discussion regarding Council Retreat and Citizen
Summit.
C. Discussion of Agenda Items.
Councilmember Suhy departed after the Work Session.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Monsignor Leon Duesman of St. Ann Catholic Church led those present
in the Invocation.
6. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
7. Presentation of the 2005 Achievement of Excellence in
Libraries Award from the Texas Municipal Library Directors
Association.
Presentation:
Mayor Stover presented a plaque for Achievement in Excellence to Kathy
Edwards, Library Director, who spoke regarding the award.
cm032806
Page 2 of 12
ITEM # ITEM DESCRIPTION
8. Recognition of the City of Coppell as a GOLD WELCOA Well
Workplace.
Presentation:
Dee Beasley of Brinson Benefits presented the GOLD WELCOA Award to
Wellness Committee members present.
9. Recognition of Coppell Firefighters who assisted in the West
Texas fires during the week of March 13, 2006.
Presentation:
Mayor Stover recognized firefighters who were dispatched to West Texas.
John Glover, Interim Fire Chief, spoke regarding their work there.
10. Consider approval of a proclamation naming April 2006 as
“Sexual Assault Awareness Month,” and authorizing the Mayor
to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to Tiffany Choate from the Denton County Friends of the Family.
Action:
Councilmember Hinojosa-Flores moved to approve the Proclamation
naming April 2006 as “Sexual Assault Awareness Month,” and
authorizing the Mayor to sign. Councilmember Tunnell seconded the
motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and
Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and York
voting in favor of the motion.
11. Consider approval of a proclamation naming April “Coppell
Sight Month,” and authorizing the Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to Margaret Bryan and local members of the Lions Club.
cm032806
Page 3 of 12
ITEM # ITEM DESCRIPTION
Action:
Councilmember York moved to approve a Proclamation naming the
month of April 2006 as "Coppell Sight Month” and authorizing the Mayor
to sign. Mayor Pro Tem Brancheau seconded the motion; the motion
carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters,
Hinojosa-Flores, Tunnell, Faught and York voting in favor of the motion.
12. Consider approval of a proclamation naming March, 2006 as
“Colorectal Cancer Awareness Month,” and authorizing the
Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to representatives of the Cancer Society.
Action:
Mayor Pro Tem Brancheau moved to approve a proclamation naming
March, 2006 as “Colorectal Cancer Awareness Month,” and authorizing
the Mayor to sign. Councilmember Faught seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers
Peters, Hinojosa-Flores, Tunnell, Faught and York voting in favor of the
motion.
13. Consider approval of a Proclamation naming April 1st as
“Clean Coppell Earthfest 2006,” and authorizing the Mayor to
sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to John Dobson from the Keep Coppell Beautiful Committee.
Action:
Councilmember Faught moved to approve a Proclamation naming April
1st as “Clean Coppell Earthfest 2006,” and authorizing the Mayor to sign.
Councilmember Tunnell seconded the motion; the motion carried 6-0
cm032806
Page 4 of 12
ITEM # ITEM DESCRIPTION
with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-
Flores, Tunnell, Faught and York voting in favor of the motion.
14. Report by Keep Coppell Beautiful Committee.
Presentation:
John Dobson, Chair of Keep Coppell Beautiful, made their semi-annual
report to Council.
15. Presentation by Youth Advisory Committee.
Presentation:
Brady Emerson made the presentation and was joined by fellow
members, Brittany Green and Kylie Lynch.
16. Citizens' Appearances.
There were no citizens signed up to speak under this item.
CONSENT AGENDA
17. Consider approval of the following consent agenda items:
A. Consider approval of minutes: March 9, 2006.
B. Consider approval of a Resolution of the City of Coppell,
Texas, amending Resolution No. 2006-0228.3, Ordering
the General and Special Election for May 13, 2006, by
providing for Early Voting by Personal Appearance at
Mobile Voting Locations, dates and times and amending
the Address for Ballots by Mail; and authorizing the
Mayor to sign.
C. Consider approval of a Resolution amending Resolution
No. 010996.3, as heretofore amended, with regard to
meter testing fees, roll off container fees, the Coppell
cm032806
Page 5 of 12
ITEM # ITEM DESCRIPTION
City Code (Building) fees, fire prevention fees, general
fees, special event fees and the solid waste collection
fees, and authorizing the Mayor to sign.
D. Consider approval of a Resolution authorizing the
execution of the Gas Standing Steering Committee
Participation Agreement, and authorizing its execution by
the City Manager; and authorizing the Mayor to sign the
Resolution.
E. Consider approval of the Annual Standards of Care for
Day Camp Programs and authorizing the Mayor to sign.
F. Consider approval of a Professional Services Agreement to
GreenPlay, LLC, for consulting services to prepare a Parks
and Recreation Master Plan, in the amount of
$74,925.00, as budgeted, and authorizing the City
Manager to sign.
G. Consider approval of awarding bid No. Q-0206-01 for the
installation of the Wagon Wheel Park Drainage Outfall
Structure, to Vortex Construction, Inc., in the amount of
$109,443.00, and authorizing the President of the CRDC
and the City Manager to sign.
Action:
Councilmember York moved to approve Consent Agenda Items A, B
carrying Resolution No. 2006-0328.1, C carrying Resolution No.
2006-0328.2, D carrying Resolution No. 2006-0328.3, E, F and G.
Councilmember Peters seconded the motion; the motion carried 6-0 with
Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores,
Tunnell, Faught and York voting in favor of the motion.
18. Consider approval of an Ordinance of the City of Coppell,
Texas, approving an amendment to Ordinance No. 2005-1106,
the budget for Fiscal Year October 1, 2005 through September
30, 2006, and authorizing the Mayor to sign.
cm032806
Page 6 of 12
ITEM # ITEM DESCRIPTION
Presentation:
Jennifer Armstrong, Director of Finance, made a presentation to the
Council.
Action:
Councilmember York moved to approve Ordinance No. 2006-1122
approving an amendment to Ordinance No. 2005-1106, the budget for
Fiscal Year October 1, 2005 through September 30, 2006, and
authorizing the Mayor to sign. Councilmember Peters seconded the
motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and
Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and York
voting in favor of the motion.
19. Consider approval of a Resolution of the City of Coppell, Texas,
approving the formation of the Coppell Local Government
Corporation; authorizing the Mayor to sign.
Presentation:
Jim Witt, City Manager, made a Presentation to the Council.
Action:
Councilmember Peters moved to approve Resolution No. 2006-0328.4
approving the formation of the Coppell Local Government Corporation;
authorizing the Mayor to sign. Councilmember York seconded the
motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and
Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and York
voting in favor of the motion.
20. A. Consider approval of resignation of Lori Pierson from the
Library Board; and
B. Consider approval of appointment of a member to fill the
vacant unexpired Regular term on the Library Board; term to
expire October 2006.
cm032806
Page 7 of 12
ITEM # ITEM DESCRIPTION
Action:
Councilmember Tunnell moved to approve the resignation of Lori Pierson
from the Library Board; and consider approval of appointment of
Alternate, Wendy Dunn to fill the vacant unexpired Regular term on the
Library Board; term to expire October 2006. Councilmember Faught
seconded the motion; the motion carried 6-0 with Mayor Pro Tem
Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell,
Faught and York voting in favor of the motion.
21. A. Consider approval of resignation of David Goodner from
the Keep Coppell Beautiful Committee; and
B. Consider approval of appointment of a member to fill the
vacant unexpired Regular term on the Keep Coppell Beautiful
Committee, term to expire October 2007.
Action:
Councilmember Faught moved to approve the resignation of David
Goodner from the Keep Coppell Beautiful Committee; and consider
approval of appointment of Joyce Whitbread to fill the vacant unexpired
Regular term on the Keep Coppell Beautiful Committee; term to expire
October 2007. Councilmember Tunnell seconded the motion; the motion
carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters,
Hinojosa-Flores, Tunnell, Faught and York voting in favor of the motion.
22. Consider approval of a Clean Fleet Vehicle ordinance as
requested by the North Central Texas Council of Government
to remain eligible for future funding of various types of
projects by the North Central Texas Council of Government;
and authorizing the Mayor to sign.
Presentation:
Ken Griffin, Director of Engineering and Public Works, made a
presentation to the Council.
cm032806
Page 8 of 12
ITEM # ITEM DESCRIPTION
Action:
Councilmember Peters moved to approve Ordinance No. 2006-1123,
Clean Fleet Vehicle ordinance as requested by the North Central Texas
Council of Government to remain eligible for future funding of various
types of projects by the North Central Texas Council of Government; and
authorizing the Mayor to sign. Councilmember Hinojosa-Flores seconded
the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and
Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and York
voting in favor of the motion.
23. Necessary action resulting from Work Session.
This item moved to follow the second Executive Session after Item #25.
24. Mayor and Council Reports.
A. Report by Mayor Stover regarding May 13th Election.
B. Report by Mayor Stover regarding lunch with Jim
Jackson.
A. Mayor Stover reported on the specifics of the election
concerning mobile voting, early voting and voting by mail.
B. Mayor Stover reported that he and City Manager Jim Witt,
along with the Mayors and City Managers of Addison,
Carrollton and Farmers Branch had met with State
Representative Jim Jackson.
25. 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 and
Councilmember Peters.
D. Dallas Regional Mobility Coalition - Councilmember
Peters.
E. Economic Development Committee - Councilmembers
Suhy and York.
F. Metrocrest Hospital Authority - Councilmember Tunnell.
cm032806
Page 9 of 12
ITEM # ITEM DESCRIPTION
G. Metrocrest Medical Foundation - Councilmember
Hinojosa-Flores.
H. Metrocrest Medical Services – Councilmember Hinojosa-
Flores.
I. Metrocrest Social Service Center – Mayor Pro Tem
Brancheau.
J. North Texas Council of Governments - Councilmember
Tunnell.
K. NTCOG/Regional Emergency Management -
Councilmember Suhy
L. North Texas Commission - Councilmember Peters.
M. Senior Adult Services - Councilmember Faught.
A. Councilmember Tunnell advised that there would be a
candidate forum on April 26, 2006, at 6:30 p.m. at the Irving
City Hall featuring candidates for the Carrollton-Farmers
Branch School Board. April 13th is a make-up day for school
but students will still have the 14th off. April is Health Fair
Month for CFBISD and LISD.
B. Councilmember Faught reported on Coppell ISD. The 3rd and
4th grade TAKS Test results are in and CISD has reached the
rating of Excellent. CISD had a job fair last weekend and
there were over 500 attendees.
C. Mayor Pro Tem Brancheau stated he had attended the Pot
Luck Dinner last week and that the next one would be held
on the 26th of April. He added that the 25th will be a Meet
Your Candidates gathering at the Senior Center at 11 a.m.
(after lunch) and all candidates were encouraged to attend.
D. Councilmember Peters reported on the Dallas Regional
Mobility Commission. The Regional Transportation Council
has been holding several public meetings regarding tolling
policies for the region.
E. There was nothing to report on this item.
F. There was nothing to report on this item.
cm032806
Page 10 of 12
ITEM # ITEM DESCRIPTION
G. Councilmember Hinojosa-Flores announced that several
grants were available to agencies that serve Coppell residents.
Clarification was given as to the distinction between the two
agencies; Metrocrest Medical Foundation and Metrocrest
Medical Services are not associated with one another. MMF
funds agencies such as Metrocrest Medical Services but is not
affiliated with them.
H. There was nothing to report on this item.
I. Mayor Pro Tem Brancheau reported that he and
Councilmember Peters, Councilmember Hinojosa-Flores, Matt
Steer and Mindi Hurley attended the Metrocrest Social
Services Breakfast in which the City of Coppell was an
honoree.
J. There was nothing to report on this item.
K. There was nothing to report on this item.
L. There was nothing to report on this item.
M. Councilmember Faught read out loud the invitation to attend
the Senior Adult Services Volunteer Appreciation Luncheon
on April 8, 2006, at 12 noon.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. 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 and City of Coppell
vs. CB Parkway Business Center VI, et al in the
County Court at Law No. 3, and CB Parkway
Business Center et al vs. City of Coppell, et al.
cm032806
Page 11 of 12
ITEM # ITEM DESCRIPTION
Mayor Stover re-convened into Executive Session at 8:51 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 8:56 p.m. and re-opened the Work Session.
WORK SESSION (Open to the Public)
Convene Work Session
B. Discussion regarding Council Retreat and Citizen
Summit.
26. Necessary action resulting from Work Session.
There was no action necessary under this item.
27. Necessary Action Resulting from Executive Session.
There was no action necessary under this item.
There being no further business to come before the City Council, the meeting
was adjourned.
__________________________________
Douglas N. Stover, Mayor
ATTEST:
__________________________________
Libby Ball, City Secretary
cm032806
Page 12 of 12
DEPT: Engineering
DATE: April 11, 2006
ITEM #: 8/B
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a proposal from Dallas County, operating under a previously approved City/County Agreement, to
repair and overlay the asphalt paving in the Northlake Woodlands Subdivision, Phase 7, with Dallas County furnishing
labor, materials and equipment to perform the work; and authorize the City of Coppell to pay $86,690.80, as budgeted in
the IMF.
GOAL(S):
EXECUTIVE SUMMARY:
In September 2003 an agreement with Dallas County was approved by City Council for Dallas County to provide
services for maintenance and improvement of city streets by the County. Working under this agreement, approval
of this proposal will allow the repair and overlay of Northlake Woodlands Subdivision, Phase 7, as identified in the
Infrastructure Maintenance Fund 5-year plan for FY 05/06.
Staff recommends approval of the proposal submitted by Dallas County and will be available for any questions at
the Council meeting
FINANCIAL COMMENTS: Funds have been budgeted in the Infrastructure Maintenance Fund for this project.
Agenda Request Form - Revised 09/04 Document Name: #Dallas Co Agmt
MEMORANDUM
TO:Mayor and City Council
FROM:Keith R. Marvin, P.E., Assistant City Engineer
DATE:April 11, 2006
REF: Consider approval of a proposal from Dallas County, operating under a previously
approved City/County Agreement, to repair and overlay the asphalt paving in the
Northlake Woodlands Subdivision, Phase 7, with Dallas County furnishing labor, materials
and equipment to perform the work; and authorizing the City of Coppell to pay
$86,690.80, as budgeted in the IMF.
The City of Coppell has budgeted funds in the Infrastructure Maintenance Fund for rehabilitation of
the asphalt streets within the Northlake Woodlands Subdivision. This is the final phase of the program
to rehabilitate all the streets within this area. As you may remember, we had an extensive amount of
concrete curb and gutter to repair within this area prior to being able to resurface the pavement. The
majority of this curb and gutter work has been completed, and the balance will be completed shortly.
The concrete curb and gutter repair was performed by Pavement Services, Inc. under our annual
concrete pavement repair contract.
Dallas County has provided a cost proposal of $86,690.80 to perform spot repair as necessary, milling
the existing asphalt along the edge of the concrete gutter and the asphalt overlay. Dallas County
proposes to complete the work under an Interlocal Agreement approved by both the City of Coppell
and Dallas County in October of 2003. That agreement is attached herewith, and allows for the
County to perform maintenance on City streets in exchange for payment of County costs by the City.
Dallas County has completed several asphalt paving projects within the City recently, and we have
been pleased with the results.
The attached exhibit shows the streets within the Northlake Woodlands Subdivision, including those
completed in prior phases, and those to be resurfaced under this agreement.
Staff recommends approval of this proposal from Dallas County for repair and asphalt overlay of
various streets within the Northlake Woodlands Subdivision, Phase 7, in the amount of $86,690.80 as
budgeted in IMF funds.
Staff will be available to answer any questions at the Council meeting.
1 INCH = FT.
0 600
600
300
MA04-01 Asphalt Pavement and
Curb & Gutter Replacement. North
Lake Woodlands Section VII
Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\MA04-01 NLW 05-06_2
Created on: 31 March 2006 by Scott Latta
PHASE 1 & 2 REPAIR OF
PAVING, COMPLETE OR IN PROGRESS
PROPOSED PHASE 3 REPAIR OF
CONCRETE CURB AND GUTTER
WITH ASPHALT PAVINGCreated by AcroPlot Evaluation Version.
DEPT: Planning
DATE: April 11, 2006
ITEM #: 8/C
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1094R2-C, Dairy Queen Restaurant, zoning change from S-
1094R-C (Special Use Permit-1094-Revised-Commercial) to S-1094R2-C (Special Use Permit-1094 Revision 2-
Commercial), to allow for the renovation of the exterior facade of the existing building on approximately 0.4 of an
acre of property located at 110 Southwestern Boulevard, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On February 16, 2006, the Planning Commission recommended approval of this zoning change (5-0).
On March 9, 2006, Council unanimously approved this zoning change (6-0).
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @S-1094R2-C ORD 1-AR(Con)
1 64854
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 S-1094R-C (SPECIAL USE PERMIT-1094-
REVISED-COMMERCIAL) TO S-1094R2-C (SPECIAL USE PERMIT-1094
REVISION 2-COMMERCIAL), TO ALLOW FOR THE RENOVATION OF
THE EXTERIOR FACADE OF THE EXISTING BUILDING ON
APPROXIMATELY 0.4 OF AN ACRE OF PROPERTY LOCATED AT 110
SOUTHWESTERN BOULEVARD, IN COPPELL, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED
HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE
APPROVAL OF THE SITE PLAN AND ELEVATIONS, ATTACHED
HERETO AS EXHIBITS “B” AND “C”; PROVIDING FOR SPECIAL
CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive
Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property owners generally,
and to all persons interested and situated in the affected area and in the vicinity thereof, the said
governing body is of the opinion that Zoning Application No. S-1094R2-C 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:
2 64854
SECTION 1.That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and
the same is hereby amended to grant a change in zoning from S-1094R-C (Special Use Permit-1094-
Revised-Commercial) to S-1094R2-C (Special Use Permit-1094 Revision 2-Commercial), to allow
for the renovation of the exterior facade of the existing building on approximately 0.4 of an acre of
property located at 110 Southwestern Boulevard, in Coppell, Texas, for the property described in
Exhibit “A” attached hereto and made a part hereof for all purposes, subject to special conditions.
SECTION 2.That the revised Special Use Permit to allow for renovations to the exterior of
the building , is hereby approved subject to the following special conditions:
(A) Except as amended herein, the property shall be developed in accordance with
Ordinance 91500-A-114, which is incorporated herein as set forth in full and hereby
republished.
(B) The development shall be in accordance with the site plan and elevations which shall be
attached to and made a part of this ordinance.
(C) The hours of operation shall not exceed: 10:30 a.m. to 10 p.m., Monday through
Thursday; Friday and Saturday from 10:30 a.m. to 11 p.m.; and Sunday 11 a.m. to
10 p.m.
SECTION 3.That site plan and the elevations shall be attached hereto as Exhibits “B” and
“C”, and made a part hereof for all purposes, are hereby approved.
3 64854
SECTION 4.That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5.That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not
in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to
be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 8. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 9.That any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
4 64854
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10.That this ordinance shall take effect immediately from and after its passage and
the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2006.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb) [JDD reviewed only 03/21/06]
DEPT: Planning
DATE: April 11, 2006
ITEM #: 9
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING (Continued):
Consider approval of Case No. PD-212-LI, Freeport North, northern portion of Lot 1, Block 1, (CitiFinancial),
zoning change request from LI (Light Industrial) to PD-212-LI (Planned Development-212-Light Industrial), to
amend the approved Site Plan to allow an expansion to the off-street parking areas; to allow deficits in parking and
landscaping, and to allow additional site modifications on 12.28 acres of property located at 1111 Northpoint Drive
(southwest corner of Northpoint Drive and Royal Lane).
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: January 19, 2006
Decision of P&Z Commission: Approval and Denial (7-0) with Commissioners Borchgardt, Hall,
McCaffrey, Foreman, Haas, Kittrell and Reese voting in favor of both approval and denial, as follows:
1) APPROVAL of the provision of the 35 parking spaces along the western property line, subject
to confirmation from TU Electric Delivery Company, allowing for the relocation of the 12 Cedar Elm
trees into their easement. (Condition partially met – need to verify in the field at the time of
transplanting.)
2) DENIAL of the variance to the parking requirements, to allow a 264-parking space deficit.
(See parking study submitted 2/1/06.)
A ¾ vote of Council (6 out of 7) is necessary to overturn the Planning Commission’s vote of denial of
Condition No. 2, above.
Staff recommends APPROVAL of Condition #1 and DENIAL of the variance regarding a parking variance of
24%.
On February 7, 2006, staff received a letter from Jeffrey Neal, Duke Construction, requesting that Council
table consideration to its meeting of March 9, 2006. Council granted this request on February 14th.
On March 8, 2006, staff received a letter from Jeffrey Neal, Duke Construction, requesting that Council
table consideration to its meeting of April 11, 2006. Council granted this request on March 9th.
Agenda Request Form - Revised 09/04 Document Name: @1PD-212-LI, FN 1-AR
75'-0"10'-0"EXISTING AUSTRIAN PINESEXISTING OAK TREESLINE OF EXISTING BUILDINGALIGN W/ EXISTING PANEL REVEALSSCREEN WALL LEAVE-OUT FOR AREA DRAINPILASTER AT 8'-0" O.C.Phone: (972) 361-6700FREEPORT IV - COPPELL, TEXASPROPOSED SCREEN ELEVATION FROM SE PARKING AT ROYAL LNFax: (972) 361-6800Dallas, TX 752545495 Belt Line RdSuite 3608 MARCH 2006ELEVATIONSCALE: 1/8" = 1'-0"
Item # 6
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-212-LI, Freeport North,
northern portion of Lot 1, Block 1, (CitiFinancial)_
P & Z HEARING DATE: January 19, 2006
C.C. HEARING DATE: February 14, 2006
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: 1111 Northpoint Drive (southwest corner of Northpoint Drive and
Royal Lane)
SIZE OF AREA: 12.28 acres of property
CURRENT ZONING: LI (Light Industrial)
REQUEST: Zoning change request from LI (Light Industrial) to PD-212-LI
(Planned Development-212-Light Industrial), to amend the approved
Site Plan to allow an expansion to the off-street parking areas; to
allow deficits in parking and landscaping, and to allow additional site
modifications.
APPLICANT: Duke Realty Corporation Engineer:
Jeff Neal Chad Jackson
5495 Beltline Road Pacheco Koch Consulting Engineers
Suite 360 8350 N. Central Expressway, #100
Dallas, TX 75254 Dallas, TX 75206
(972) 361-6709 (972) 235-3031
Fax (972) 361-6800 Fax (972) 235-9544
HISTORY: This property was developed with a one-story, 125,000-square-foot
tilt-wall building in 1998. It is currently occupied by CitiFinancial, a
mortgage services center.
Item # 6
Page 2 of 4
TRANSPORTATION: Royal Lane is a C4D/6, four-lane divided thoroughfare in a right-of-
way containing 110 feet of dedication (adequate for a six-lane
divided thoroughfare). Northpoint Drive is a C4D four-lane divided
roadway contained within 80-feet of right-of-way.
SURROUNDING LAND USE & ZONING:
North –warehouse/distribution facility; LI (Light Industrial) zoning
South – office/warehouse building; LI (Light Industrial) zoning
East – office/warehouse; LI (Light Industrial) zoning
West – small, vacant parcel; LI (Light Industrial) zoning
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as
suitable for light industrial/showroom uses.
DISCUSSION: This request was originally submitted as a Site Plan Amendment to allow
for the addition of 35-parking spaces along the western property line to
serve the existing tenant of the building, CitiFinancial. However, upon
review of the as-built conditions in relation to the Site Plan approved in
1999, major discrepancies became apparent. Also, during this review
process, a Building Permit was applied for to allow a relocation of an
existing generator and the addition of a patio on the east side of the
building, adjacent to Royal Lane. Therefore, it was determined that
rezoning was necessary.
Existing Conditions
As mentioned in the HISTORY section of this report, this building was
constructed in 1998. The approved Site and Landscape Plans indicated
that 30% of the building was to be used for office and the remaining 70%
for warehousing uses. Based on this ratio, 213 parking spaces were
required, and 596 parking spaces were originally provided. As indicated
on the attached letter dated January 10, 2006, from Jeffrey Neal of Duke
Construction, The Associates were the first occupants of this building,
employing 600 employees (with 596 parking spaces). However, since that
time, additional portions of the building were finished-out for a call center
use (from warehousing), increasing the employee count by 185 in 2000
and 300 employees in 2003, for a total of 1,085 employees. There are
currently 160 vacant positions in this company.
At some point in time, the loading dock area, which was originally
designed to serve the warehouse function, was re-striped to accommodate
employee parking. Approximately 180 spaces were added; however, the
required landscaped areas and trees were not installed. There are currently
780 parking spaces for the existing 925 employees.
Item # 6
Page 3 of 4
The purpose of this PD is to allow:
• deficits in total number of parking spaces provided;
• deficits in landscaping areas and number of trees;
• a revision to the Site Plan to add 35 parking spaces, and
• the relocation of a generator with screening wall and the addition of a
patio area.
Deficit in number of parking spaces
The Zoning Ordinance requires parking to be provided at a ratio of “one
parking space for each employee on the maximum working shift, plus
space to accommodate all trucks and other vehicles.” Per information
provided by the applicant, the maximum number of employees at this
facility is projected to be 1,085, thus requiring 1,085 parking spaces. Only
821 spaces are being provided, resulting in a deficit of 264 parking spaces.
Staff cannot support this 24% deficit. It is reasonable to assume that the
overflow parking will end up on the street, which could potentially cause
unsafe conditions.
Deficit in landscaping
All parking areas are required to have 10% of the area devoted to
landscaping, including planting islands with trees, one tree per 400-square
feet, etc. The former loading area, which was striped for additional 180
parking spaces, does not meet any landscape requirements. The applicant
is requesting a PD condition, which waives all of these requirements.
Staff would prefer, as provided for in the Landscape Ordinance, that this
parking be legally exempted from the Ordinance as permitted in Section
12-34-8. This provision allows parking lot areas not to be landscaped if
they are visually screened with masonry walls at least six-feet high, have
limited access, etc.
Additional parking along the western property line
As mentioned, the original request was simply to add 35 parking spaces
along the western property line. This would require the relocation of 12
existing 6- to 8-caliper inch Cedar Elm trees into an existing 10-foot-wide
TU Electric easement. Assurances need to be provided from TU that they
will permit the planting of trees in their easement. Historically, there has
been an issue with over-story trees in this type of easement, and it is
assumed that is why they were originally planted 10 feet off of the
property line.
Replacement of a generator with screening and addition of a patio area
The applicant is also requesting additional Site Plan modifications that
include the replacement of an existing generator on the south side of the
building. It appears from the documents submitted with the Building
Item # 6
Page 4 of 4
Permit, that the new generator will be screened with an approximate 12’-
tall screening wall. Elevations of this wall, with materials and colors, etc.,
need to be included in this PD Site Plan, with assurances that the new wall
will match the existing structure.
Also being requested is a new patio area at the southeast corner of the
building. There are no structures being proposed; however, this will
necessitate the relocation of an existing tree. Where this tree will be
relocated needs to be specified.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending:
1) APPROVAL of the parking spaces in the former loading area, subject
to the area being brought into compliance with either Section 12-34-
8(A) (areas exempt from landscaping) or provision of the required
landscaping.
2) APPROVAL of the provision of the 35 parking spaces along the
western property line, subject to confirmation from TU Electric
Delivery Company, allowing for the relocation of the 12 Cedar Elm
trees into their easement.
3) APPROVAL of the relocation of the generator, subject to the
submission of elevations of the screening wall and assurance that the
wall will match the existing building.
4) APPROVAL of the patio area, subject to specification of the location
of the relocated tree.
5) DENIAL of the variance to the parking requirements, to allow a 264-
parking space deficit.
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) Detail Site Plan
2) Landscape Plan
Consulting Engineers
8350 N. CENTRAL EXPWY., SUITE 1000
DALLAS, TEXAS 75206
PH. 972.235.3031
FAX 972.235.9544
ISSUESREVISIONSSOUTHGENERATORWALLELEVATIONJOB: 05176.0000DATE: 2.3.2006SHEET:11246 3 February 2006 G:\CAD\05176\0000\SP0.01 SOUTH GENERATOR WALL ELEVATION.dwg
CORGANCITIGROUP
1111 NORTHPOINT DR.
COPPELL, TXSP0.01METAL COPINGLINE OF GENERATORBEYOND CMU SCREEN WALL SHALL RECEIVE STUCCO AND BE PAINTED TO MATCHCOLOR OF PRE-CAST CONC. PANELS10'-10"1'-6"
9'-4"
'8"SCREEN ELEV. SOUTH1SCREEN ELEV. EAST2SCREEN ELEV. WEST3
KEY PLANNORTHISSUESREVISIONSNEW SMOKINGAREA PLANSJOB: 05176.0000DATE: 12.02.05SHEET:11226 26 January 2006 G:\CAD\05176\0000\A2.3 SMOKING AREA PLAN.dwg
CORGANCITIGROUP
1111 NORTHPOINT DR.
COPPELL, TXA2.30SCALE: 1/4" = 1'-0"02ENLARGED PLAN6'-0"SCALE: 1/4" = 1'-0"01ENLARGED PLANEL.100'-0"F.F.EL.99'-11 1/2"ELEV.EL.97'-5 1/2"ELEV.GRASSGRASSGRASSGRASSGRASSGRASSGRASSDESIGNATED SMOKING AREAFIRE LANE
FIR
E
L
A
N
E
FIRE LANEFIRE LANE
RA5445LEGENDELEVATION FLAGCOLUMN TAGDOOR TAG000000PARTITION TYPE00EQUIPMENT TAG0DELTA REVISION TAGEXIST. TO BE REMOVEDEXISTING TO REMAIN104'-0"H PICNIC AREA BY OTHERSGRASSCEDARCEDARCEDARCEDARCEDARCYPRESSOAKOAKOAKOAK5'-0"4'-0"5'-0"9'-0"8'-2 1/4"4'-0"4'-0"5'-0
"EXIST. RAMPNEW SIDEWALK NEW SIDEWALK NEW LANDSCAPING BY OTHERSEXIST. SHRUBSEXIST. ELEC. CONDUITSEXIST. GAS METERSEXISTING DESIGNATED SMOKING AREA ASHTRAY/TRASHCAN6' METAL BENCHCONC. STEPPING STONESCONC. SLABEXISTING SIDEWALKCONC. SLABEXIST. TREE TO BE RELOCATED AS SHOWN GRASSSLOPE MAX.1:20 EL.99'-0"ELEV.ASHTRAY/TRASHCANEXISTING 6' METAL BENCHSHIM UNDER BENCHTO LEVELEL.98'-10"ELEV.EL.98'-0"ELEV.EL.98'-4"ELEV.5'-0"EL.99'-11 1/2"ELEV.REGRADE AND RELANDSCAPE INTHIS AREA TO ALIGN WITH SIDEWALK3'-0"4" WIDE x 4" HIGHCONCRETE CURB5'-0"HANDICAP PARKING SIGNTHE WORK SHOWN IN THIS DRAWING IS OUTSIDE THE SCOPE OF THIS PROJECT IT IS SHOWN ONLY AS A COURTESY FOR THE OWNER.NOTEH01CONSTRUCTION PACKAGE12.02.05RELOCATED TREE
DEPT: Planning
DATE: April 11, 2006
ITEM #: 10
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. PD-213-H, Coppell Commons, zoning change request from H (Historic) to PD-
213-H (Planned Development-213-Historic) with a Concept Site Plan to allow the development of 39 townhouse
units, recreation, open space and common areas on 5.561 acres of property located along the east side of Coppell
Road, approximately 210 feet north of Bethel Road.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: March 16, 2006
Decision of P&Z Commission: Denial (5-1) with Commissioners Borchgardt, Foreman, Haas, Kittrell
and Reese voting in favor of denial. Commission Hall opposed.
The basis for denial includes the following:
• Does not comply with the Old Coppell Master Plan
• Density is too great
• Ignores Commercial Land Use along Coppell Road
• Backs/sides residential uses to the street.
• Introduces a stone wall adjacent to the street – provides minimal landscaping
• Proposes residential uses directly across the street from commercial activities
• Violates TH (Townhouse) Development Standards – lot depth and number of attached units
• Parking layout
Staff recommends denial.
Please see the attached appeal letter from Scott Shipp, Scarborough Lane Development, dated March 29, 2006.
A ¾ vote of Council (6 out of 7) is needed to overrule the Commission’s action.
Agenda Request Form - Revised 09/04 Document Name: @2PD-213-H, CC 1-AR
Item # 4
Page 1 of 5
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-213-H, Coppell Commons
P & Z HEARING DATE: March 16, 2006
C.C. HEARING DATE: April 11, 2006
STAFF REP.: Gary L. Sieb, Planning Director
LOCATION: Along the east side of Coppell Road, approximately 210 feet north of
Bethel Road.
SIZE OF AREA: 5.561 acres of property
CURRENT ZONING: H (Historic)
REQUEST: Zoning change request from H (Historic) to PD-213-H (Planned
Development-213-Historic), with a Concept Site Plan to allow the
development of 39 townhouse units, recreation, open space and
common areas.
APPLICANT: Owner: Engineer:.
Jay Khorrami Mardy Brown
335 Martel Lane Dowdey, Anderson & Assoc., Inc.
Coppell, TX. 75019 5225 Village Creek, Suite 200
(214) 734-3604 Plano, TX 75093
Fax: None (972) 931-0694
Fax: (972) 931-9538
HISTORY: This property was zoned Historic Overlay some time back. In April
of 2002, the City Council accepted the Old Coppell Master Plan. In
August of that same year, Council questioned the residential
component of the Plan, particularly as it related to D/FW Airport
flight patterns. In December of 2002, Council and the Planning
Commission held a joint workshop to discuss the airport issue,
Item # 4
Page 2 of 5
among others. D/FW Airport staff was in attendance and at the
conclusion of the meeting, it was determined that there was no
compelling reason to discourage residential development here, based
upon airport noise issues. On May 13, 2003, Council amended the
Land Use component of the 1996 Comprehensive Plan and enlarged
the Historic district to include roughly 100 acres. Subsequently,
residential development was begun on the property just north of the
subject tract. In May of 2005, Council changed the zoning in the area
from Historic Overlay to simply Historic.
.
TRANSPORTATION: Coppell Road is an unimproved, two-lane asphalt road contained
within a 50- to 60-foot right-of-way. It is projected to be improved to
a concrete two-lane undivided road with a 60-foot right-of-way
beginning in 2007.
SURROUNDING LAND USE & ZONING:
North – single-family townhouses; H (Historic)
South – single-family house, Senior Center; H (Historic)
East – single-family residences, (PD-89-SF-7)
West – retail/commercial buildings; H (Historic)
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended and including
the Old Coppell Master Plan, indicates the property should be
used for medium-density residential uses on the interior of the
parcel; office/commercial uses along the Coppell Road frontage.
DISCUSSION: In 2002 the 1996 Comprehensive Master Plan was updated in an area
known as Old Coppell. This plan, the Old Coppell Master Plan, outlined
uses appropriate for Old Coppell, an approximate 100-acre land area, and
elaborated on such topics as urban design, streetscape enhancements,
landscape features, access/parking, and land use, among others. An
important element of the study was a density parameter. Included in the
Plan was a residential component suggesting densities of approximately
six-dwelling units per acre and retail/commercial uses along Coppell
Road. Since Council’s acceptance of this study, there has been increasing
interest and development proposals for the area—all in compliance with
the Plan.
One such proposal is located just north of the case before you tonight—
Old Coppell Townhomes. A developer began implementation of a portion
Item # 4
Page 3 of 5
of the residential component of the Plan, respecting the land uses
proposed. Reflecting success in complying with the Plan, that
development is now approaching residential build-out. Densities are 6.5
du’s per acre, slightly above those recommended in the Plan. In addition,
potential development of the commercial sites adjacent to Coppell Road is
being contemplated, and staff is currently reviewing a submittal for an
approximate 2500-square-foot commercial/retail building on the north side
of Mobley Way. In addition, the Vaughn building has recently been
remodeled, the Hard Eight Bar-B-Que restaurant is about to begin, the
Historic Coppell Properties project is under construction, and talks are
continuing on an adaptive reuse for the Kirkland house. These examples
are cited to bring attention to the fact that the Old Coppell Master Plan is
working and projects being occupied, constructed, completed or
contemplated all conform to the Master Plan.
With regard to the application before you, it violates the Plan in a variety
of important ways. It is too dense, the Tree Survey is incomplete, street
names need further alteration, it violates the Old Coppell Master Plan land
use proposal, and if allowed, violates the premises of a
residential/office/retail mixed-use project. To elaborate, staff has
reviewed several proposals for this property, all exceeding the
development densities suggested in the Old Coppell Master Plan. In each
instance, we have advised this landowner (through his development
agents) to refine and reduce his density, to no avail. The current request is
no different but also includes a component that violates the land use
proposed along Coppell Road. In its current form, this applicant is asking
for unit counts and densities in excess of seven-dwelling units per acre.
Staff cannot support this increased density. More alarming is the request
to modify the land uses of the Plan and allow residential development
along Coppell Road across the street from heavy commercial activities.
The proposal would back/side residences to the street and screen them
from Coppell Road by a six-foot tall masonry wall. This would be in
violation of the Plan’s directive to have individual businesses locate in
commercial/retail structures close to the street, creating an interesting
front door to the roadway. The introduction of a brick wall creates
nothing but monotony, does not establish a vibrancy along the street,
violates the Land Use Plan, and does not make good land planning sense.
In addition, the proposed Landscape Plan adjacent to the wall is totally
inadequate. By eliminating the residential use along Coppell Road and
extending the commercial/retail uses to a depth of 100-110 feet (as shown
in the Plan and as was approved to the north), this application would fall
more in line with Council’s vision for ultimate development of this area.
In addition to eliminating the residential use adjacent to the road, the
density would fall into an acceptable dwelling-unit count per acre. The
decreased density would allow deeper lots, eliminate the seven-dwelling
units in a row (another violation of Townhouse zoning), and reduce the
required parking substantially. In general terms, by following the Old
Item # 4
Page 4 of 5
Coppell Master Plan, ten-dwelling units would be removed, bringing this
Concept Plan in line with the overall plan for Old Town development.
In addition, the street system, as designed, needs some modification to
bring it into conformance with the one outlined in the Old Coppell Plan.
Street rights-of-way of 50 feet and pavement widths of 27 feet would be
easily accommodated with the proposed density reduction and would
remove some of the awkward parking bays shown on the applicant’s plan.
The overall street layout itself is acceptable as it continues the existing
dead-end Mobley Way south and west to tie back into Coppell Road.
That said, the proposal before you is not without some merit. We like the
open space element. Design of the units is compatible with Old Town
guidelines. We could support a development with lower densities,
elimination of the units that side and back up to Coppell Road, redefined
guest parking areas, compliance with townhouse standards and assurance
that street furniture, address identification, street lights, sidewalk
dimensions, curb and gutter construction matches the development to the
north.
All in all, however, we cannot support this request, as submitted. It is too
dense, violates the Old Coppell Master Plan, ignores the concept of
“street friendly” retail/commercial development as described and
illustrated in the Plan and disregards basic townhouse guidelines, such as
lot depth/maximum number of attached units. The applicant submitted an
incomplete tree survey, requests development standards that ignore the
Plan and existing construction to the north and attempts to create a
development project in conflict with good planning principles. Perhaps
most importantly, the Old Coppell Master Plan has been followed by
applicants who have built in the district, be they residential, commercial or
retail developers since its inception almost three years ago. That the Plan
is viable can be seen by what’s been built in the area. Staff has worked
hard with developers to ensure the integrity of the Plan was followed,
with the utmost cooperation from these builders. They followed the Plan,
why should this developer not? It is for these reasons that staff cannot
endorse the application before you tonight.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending DENIAL of the request, as submitted.
ALTERNATIVES
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
Item # 4
Page 5 of 5
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Concept, Landscape/Wall, Tree Survey, Elevations Packet
2) Coppell Commons PD Conditions Exhibit “A”
3) Draft HOA Agreement (Title page only)
4) Departmental comments (Parks, Engineering, Fire)
COPPELL COMMONS
COPPELL, TEXAS
MIDPOINTMIDPOINT
Not to
exceed
35'
MIDPOINTMIDPOINT
Not to
exceed
35'
Not to
exceed
35'
Not to
exceed
35'
DEPT: Planning
DATE: April 11, 2006
ITEM #: 11
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. PD-199R3-HC, Vista Point II, Lot 2R, Block A, zoning change request from PD-
199-HC (Planned Development-199-Highway Commercial) to PD-199R3-HC (Planned Development-199
Revision 3-Highway Commercial) to attach a Detail Site Plan to allow the development of three buildings
containing a total of approximately 115,525- square feet on 10.046 acres of property located along the west side of
MacArthur Boulevard, south of S.H. 121.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: March 16, 2006
Decision of P&Z Commission: Approval (6-0) with Commissioners Borchgardt, Hall, Foreman, Haas,
Kittrell and Reese voting in favor. None opposed.
Approval is recommended; all conditions have been met.
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @4PD-199R3-HC,VPII 1-AR
Item # 6
Page 1 of 6
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-199R3-HC, Vista Point II, Lot 2R, Block A
P & Z HEARING DATE: March 16, 2006
C.C. HEARING DATE: April 11, 2006
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: Along the west side of MacArthur Boulevard, south of S.H. 121.
SIZE OF AREA: 10.046 acres of property
CURRENT ZONING: PD-199-HC (Planned Development-199-Highway Commercial)
REQUEST: Zoning change request from PD-199-HC (Planned Development-
199-Highway Commercial) to PD-199R3-HC (Planned
Development-199, Revision 3-Highway Commercial) to attach a
Detail Site Plan to allow the development of three buildings,
containing. 37,800 square-feet, 41,475 square-feet and 36,250 square-
feet, respectively.
APPLICANT: Christopher Gardner Eric Hauglie
Jackson Shaw Company Pacheco Koch
4890 Alpha Road, Suite 100 8350 N. Central Expressway
Dallas TX 75244 Dallas, TX 75206
(972) 628-7421 (972) 235-3031
FAX: (972) 628-7444 FAX: (972) 235-9544
HISTORY: The subject property was originally part of Lot 3, Block G, a 49.20-
acre tract within the Vista Ridge Addition. The property lies within
Denton County and was part of the City of Lewisville when the first
plat was recorded in September of 1986. Since that time, the City of
Item # 6
Page 2 of 6
Coppell annexed this and other portions of the Vista Ridge Business
Park.
In September 2001, City Council approved a Site Plan and Final Plat
to allow for the construction of a one-story, 71,000-square-foot office
building on seven acres of this 26-acre parcel of land. The Site Plan
would have expired September 11, 2003; however, on September 9,
2003, City Council approved a six-month extension. This Site Plan
expired in March 2004.
In December 1999, a request for a PD for a gas station, convenience
store and car wash on 1.5 acres at this corner of S.H. 121 and
MacArthur Boulevard was denied by the Planning and Zoning
Commission, and it was not appealed to City Council.
On April 13, 2004, Council overruled staff’s and Planning and
Zoning Commission’s recommendation for denial and approved the
Concept Planned Development to allow the construction of 210,000-
square feet of office/warehouse/assembly buildings and five retail
pad sites. Council also approved SUP-1211 for a gas station and car
repair on Lot 4 of this PD.
In July 2004, Council approved PD-199R-HC, which attached a
Detail Site Plan to Tract 1 to allow the construction of the first phase
of this development, which included three office/assembly/warehouse
buildings with a total of 93,550-square feet. Phase 1 is currently
fully constructed and is in the process of being leased.
In April 2005, Council approved a Detail Plan to allow the
construction of a bank facility on Lot 5 of this development. Bank of
Texas should be open in the near future.
An Amending Plat was approved in May 2005 which revised the
location of various fire lanes, added lot dimensions and updated the
owner information. During the same meeting, Council approved a
request to re-establish S-1211 permitting the development of a gas
station, car wash and car repair facility on Tract 4 of this PD.
TRANSPORTATION:S.H. 121 is under construction to freeway standards with access roads, within
450 feet of right-of-way. Forest Hill Drive is a residential street built
within 50 feet of right-of-way.
SURROUNDING LAND USE & ZONING:
North - S.H. 121; City of Lewisville
Item # 6
Page 3 of 6
South - PD-132-SF-9; The Peninsulas of Coppell, and PD-149-SF-7,
Vistas of Coppell
East - Bank of Texas (currently under construction) and vacant
property; PD-199-HC (Planned Development-199-Highway
Commercial)
West - three office/warehouse buildings; PD-199R-HC (Planned
Development-199 Revised-Highway Commercial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for mixed-
use development, including retail/commercial, office parks, schools,
churches and other compatible non-residential uses.
DISCUSSION: As mentioned in the HISTORY section of this report, Council approved a
Concept Plan for this property to allow the development of six
office/warehouse/assembly uses in April of 2004. This request is to
approve the Detail Plan for the second and final phase of this
development, consisting of three buildings, totaling 115,525-square feet.
While this Detail Plan is in general conformance with the Concept Plan
and conditions approved by Council, there are several technical and
drafting issues and refinements that need to be addressed.
SITE PLAN
The Site Plan indicates three buildings ranging in size from 35,750 to 40,900-
square feet. Per the PD conditions, a maximum of 30% of the aggregate
square footage of this entire tract (115,525 x .30) or 34,657-square feet may
be devoted to warehouse/distribution in this phase. Additionally, no
individual building shall exceed 50% of the floor area being devoted to
warehouse/distribution. A note to this effect has been added to the Site Plan;
however, the occupancy ratios of the individual buildings have not been
specified, given the speculative nature of this development.
Another PD condition allows for the inclusion of dock-high doors to serve
the warehouse/distribution nature of the future tenants of this development.
The condition specifically states the following:
“The dock high service doors shall not exceed a ratio of one (1) dock
high door for every eight thousand (8,000) square feet of the total
aggregate building square footage of each respective Tract.”
This permits 14 dock-high doors within this phase. The elevations
indicate four dock-high doors, plus a potential for three additional dock-
high doors serving Building 4. Given the layout of the buildings, only the
loading area of this building is deep enough to accommodate large trucks.
The other two buildings indicate overhead and entry doors along the rear
elevations.
Access to this second phase will be via two driveways along S.H. 121 and
two along Forest Hill Drive, all being mutual access easements with
Item # 6
Page 4 of 6
abutting tracts. As indicated on the Plat, the fire lanes are designated as
fire lanes and mutual access easements. Once this “mixed use” PD is
fully developed, it will be appropriate to encourage traffic to circulate
internally from the place of employment to the retail and restaurants area,
without having to access S.H. 121, MacArthur Boulevard or Forest Hill
Drive. The driveways along Forest Hill Drive will have “headache bars”
over the driveways to prohibit 18-wheeler trucks from accessing Forest
Hill Drive; therefore, these two driveways cannot be designated as fire
lanes.
There are several drafting issues and typos that need to be addressed prior
to sending this case forward to City Council:
• Remove the shading to clarify that the fire lanes do not extend over
the driveways to Forest Hill Drive, where the “headache” bars are
proposed.
• Add the parking space striping, which is missing at the northeast
portion of the Site Plan.
• Under Notes and Conditions, delete “in use of most major
thoroughfares.”
• Include the maximum heights of the buildings in the Notes and
Conditions.
• Correct S.H. 127 to S.H. 121 under the Site Plan title block, and
correct the lot designation from Lot 2 to Lot 2R.
• Delete the sign note along S.H. 121. It appears to be an existing sign
that is not intended to be a part of the official PD Site Plan.
• Rectify all inconsistencies in the designation of Lot 2R, not Lot IIR.
• All plans need to be consistent with regard to fire hydrant locations.
• All fire hydrants need to be within three to five feet of the fire lane.
• Correct the spelling of accordance on all Elevation Sheets.
LANDSCAPE PLAN
The Landscape Plan is also in general conformance with the approved
Concept Plan. An original PD condition allowed for a variance to the
requirement to provide landscape buffers along internal lot lines, as well as to
permit the calculation of the landscape areas on an overall versus a tract-by-
tract basis. As part of this submission, staff requested an update to the
landscape calculations for the entire PD. Per their calculations, the entire PD
is still over by 1,408-square feet of total landscaped areas.
Given the amount of retribution required due to the significant tree loss, the
applicant has chosen to upsize the trees at the time of planting from 3- to 4-
caliper inches. Instead of extending the screening wall adjacent to the first
phase into this development, the applicant was permitted, by Council, to
plant 52 additional over-story trees on the north side of Forest Hill Drive.
There will be approximately 70 trees along this 552-liner feet, where only 11
would normally be required. These trees are proposed to be a variety of
Item # 6
Page 5 of 6
evergreen, over-story and ornamental, thus providing adequate screening to
the project.
ELEVATIONS
The proposed elevations are utilizing the same materials, color and general
design as approved in the Concept Plan, which is a combination of painted
tilt-wall, cultured stone veneer, brick and some standing-seam metal roofs.
The ratio of tilt-wall to masonry is within the minimums required by the PD
Ordinance. The percentage of masonry is proposed as follows:
% provided on Detail PlanElevation% required
by PD Building 4 Building 5 Building 6
Front 35-40% 35% 45% 41%
Side 25-30% 25-33% 29-39% 25-28%
Rear 0% 0 6% 0%
General signage area for attached signs have been indicated on the facades
of the buildings. To be consistent with Phase 1, all attached signs shall be
black. Reflective of City Ordinance, logos of any color will also be
permitted up to 20% of the area of the sign.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of PD-199R3-HC, Vista Point II, Lot
2R, Block A, subject to the following technical issues and drafting errors
being addressed:
1) Remove the shading to clarify that the fire lanes do not extend over
the driveways to Forest Hill Drive, where the “headache” bars are
proposed.
2) Add the parking space striping, which is missing at the northeast
portion of the Site Plan.
3) Under Notes and Conditions, delete “in use of most major
thoroughfares.”
4) Include the maximum heights of the buildings in the Notes and
Conditions.
5) Correct S.H. 127 to S.H. 121 under the Site Plan title block, and
correct the lot designation from Lot 2 to Lot 2R.
Item # 6
Page 6 of 6
6) Delete the sign note along S.H. 121. It appears to be an existing sign
that is not intended to be a part of the official PD Site Plan.
7) Rectify all inconsistencies in the designation of Lot 2R, not Lot IIR.
8) All plans need to be consistent with regard to fire hydrant locations.
9) All fire hydrants need to be within three to five feet of the fire lane.
10) Correct the spelling of accordance on all Elevation Sheets.
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) Departmental comments
2) Site Plan
3) Landscape Plan ( 2 sheets)
4) Building Elevations (6 sheets)
DEPT: Planning
DATE: April 11, 2006
ITEM #: 12
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of the Vista Point II, Lot 2R, Block A, Replat, to revise the locations of the fire lanes to allow
the development of three buildings containing a total of approximately 115,525-square feet on 10.046 acres of
property located along the west side of MacArthur Boulevard, south of S.H. 121.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: March 16, 2006
Decision of P&Z Commission: Approval (6-0) with Commissioners Borchgardt, Hall, Foreman, Haas,
Kittrell and Reese voting in favor. None opposed.
Approval is recommended; all conditions have been met.
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @5VPII,L2R,BA, Rep 1-AR
Item # 7
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Vista Point II, Lot 2R, Block A, Replat
P & Z HEARING DATE: March 16, 2006
C.C. HEARING DATE: April 11, 2006
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: Along the west side of MacArthur Boulevard, south of S.H. 121.
SIZE OF AREA: 10.046 acres of property
CURRENT ZONING: PD-199-HC (Planned Development-199-Highway Commercial)
REQUEST: Replat approval to revise the locations of fire lanes to allow the
development of three buildings containing 37,800-square feet,
41,475-square feet and 36,250-square feet, respectively
APPLICANT: Christopher Gardner Eric Hauglie
Jackson Shaw Company Pacheco Koch
4890 Alpha Road, Suite 100 8350 N. Central Expressway
Dallas TX 75244 Dallas, TX 75206
(972) 628-7421 (972) 235-3031
FAX: (972) 628-7444 FAX: (972) 235-9544
HISTORY: The subject property was originally part of Lot 3, Block G, a 49.20-
acre tract within the Vista Ridge Addition. The property lies within
Denton County and was part of the City of Lewisville when the first
plat was recorded in September of 1986. Since that time, the City of
Coppell annexed this and other portions of the Vista Ridge Business
Park.
Item # 7
Page 2 of 4
In December 1999, a request for a PD for a gas station, convenience
store and car wash on 1.5 acres at this corner of S.H. 121 and
MacArthur Boulevard was denied by the Planning and Zoning
Commission, and it was not appealed to City Council.
In September 2001, City Council approved a Site Plan and Final Plat
to allow for the construction of a one-story, 71,000-square-foot office
building on seven acres of this 26-acre parcel of land. The Site Plan
would have expired September 11, 2003; however, on September 9,
2003, Council approved a six-month extension. This Site Plan
expired in March 2004.
On April 13, 2004, Council overruled staff’s and Planning and
Zoning Commission’s recommendation for denial and approved the
Concept Planned Development to allow the construction of 210,000-
square feet of office/warehouse/assembly buildings and five retail
pad sites. Council also approved SUP-1211 for a gas station and car
repair on Lot 4 of this PD.
In July 2004, Council approved PD-199R-HC, which attached a
Detail Site Plan to Tract 1 to allow the construction of the first phase
of this planned development, which included three office/assembly/
warehouse buildings with a total of 93,550-square feet. Phase 1 is
currently fully constructed and is in the process of being leased.
In April 2005, Council approved a Detail Plan to allow the
construction of a bank facility on Lot 5 of this development. Bank of
Texas should be open in the near future.
An Amending Plat was approved in May 2005, which revised the
location of various fire lanes, added lot dimensions and updated the
owner information. During the same meeting, Council approved a
request to re-establish S-1211 permitting the development of a gas
station, car wash and car repair facility on Tract 4 of this PD.
TRANSPORTATION:S.H. 121 is under construction to freeway standards with access roads within
450 feet of right-of-way. Forest Hill Drive is a residential street built
within 50 feet of right-of-way.
Item # 7
Page 3 of 4
SURROUNDING LAND USE & ZONING:
North - S.H. 121; City of Lewisville
South – residential, single family; PD-132-SF-9, The Peninsulas of
Coppell, and PD-149-SF-7, Vistas of Coppell
East - Bank of Texas (currently under construction) and vacant
property; PD-199-HC (Planned Development-199-Highway
Commercial)
West - three office/warehouse buildings; PD-199R-HC (Planned
Development-199 Revised-Highway Commercial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for mixed-
use development, including retail/commercial, office parks, schools,
churches and other compatible non-residential uses.
DISCUSSION: The purpose of this Replat is to adjust the alignment of the fire lanes to
serve the development as indicated on the Detail Plan. As discussed in the
review of the Detail Site Plan, access through the two driveways onto
Forest Hill Drive is limited to vehicular traffic. Large, 18-wheel trucks
are prohibited due to the “headache bars” being erected. Therefore, fire
trucks also may not use these driveways. These driveways need to remain
as mutual access easements, but the fire lane designation must be removed
from the plat.
When the Replat and Amending Plat were approved, there were
unresolved issues relating to locations of various driveway and
deceleration lanes. Approvals were needed from both TxDOT and the
City of Lewisville. It has since been determined that the right-of-way for
the deceleration lane along S.H. 121 to serve the eastern-most driveway
will not be permitted by TxDOT. Therefore, if the applicant so chooses,
this R.O.W. could be abandoned via this Replat due to the fact that this
deceleration lane is in the City limits of the City of Coppell and was
established previously by plat. Additional landscaping could be provided
in this area.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of Vista Point II, Lot 2R, Block A,
subject to:
1) Correct the designation of the western-most driveway on Forest Hill
Drive to be a 30’ mutual access easement (not fire lane), as recorded on
Replat filed in Cab. V, page 952, and as reflected on the Amended Plat
filed in Cab. W, page 598.
Item # 7
Page 4 of 4
2) Correct the name of the plat in the City Secretary’s signature block.
ALTERNATIVES
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
1) Department comments
2) Replat
DEPT: Planning
DATE: April 11, 2006
ITEM #: 13
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. S-1233-LI, T-Mobile, zoning change request from LI (Light Industrial) to S-1233-
LI (Special Use Permit-1233-Light Industrial), to allow nine (9) flush-mounted panel telecommunication antennae
to be mounted on an existing water tower and an equipment cabinet within the base of the water tower, located at
510 Southwestern Boulevard.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: March 16, 2006
Decision of P&Z Commission: Approval (6-0) with Commissioners Borchgardt, Hall, Foreman, Haas,
Kittrell and Reese voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) Approval of the License for Communication Facilities between the City and T-Mobile.
2) Agreement that installation, removal and reinstallation of the T-Mobile equipment due to tower
maintenance will be at T-Mobile’s expense. Language to be used shall be as follows and added to
Section 2 of the Lease Agreement:
“In the event that the City needs to perform maintenance of any type in the area where the antennae
are located, T-Mobile shall be responsible for removing and replacing its property. T-Mobile shall
move its property no more than 30 days after notice. T-Mobile will also be notified by the City when
the property can be replaced at its former location.”
3) Compliance with the attached departmental comments (Parks and Engineering).
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @3S-1233-LI,T-M 1-AR
Item # 5
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: S-1233-LI, T-Mobile
P & Z HEARING DATE: March 16, 2006
C.C. HEARING DATE: April 11, 2006
STAFF REP.: Gary L. Sieb, Planning Director
LOCATION: On a City water tower located at 510 Southwestern Boulevard, Suite
100, for address purposes.
SIZE OF AREA: Less than an acre of property
CURRENT ZONING: LI (Light Industrial)
REQUEST: Zoning change request from LI (Light Industrial) to S-1233-LI
(Special Use Permiti-1233-Light Industrial) to allow nine (9) flush-
mounted panel telecommunication antennae to be mounted on an
existing water tower and an equipment cabinet interior to the base.
APPLICANT: T-Mobil USA
David Kirk
11830 Webb Chapel
Dallas, TX 75234
(214) 523-4148
Fax: (214) 523-4101
HISTORY: There has been no recent zoning history on the subject parcel,
although there have been several construction projects on nearby
properties. The water tower was built in 1986. Since that time a Fire
Administration/Building Inspection office has been constructed
(1992), a Fire Station has been built (1995) and most recently (1999)
an Animal Services and Adoption Center has been added adjacent to
the water tower site.
Item # 5
Page 2 of 3
TRANSPORTATION: Southwestern Boulevard is a C4U, four-lane undivided thoroughfare
contained within a 70-foot right-of-way. The road in front of the
subject property is built to standard, although to the east, there is an
asphalt two-lane road.
SURROUNDING LAND USE & ZONING:
North–warehouse and vacant; LI (Light Industrial)
South –vacant; LI (Light Industrial)
East – municipal building; LI (Light Industrial)
West – fire station; LI (Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as
suitable for public and institutional uses.
DISCUSSION: Over the last year or so, T-Mobile has been looking for a cell tower site in
this part of Coppell and had submitted zoning requests on at least two
other locations nearby. The first proposed site was along Freeport
Parkway, but easement restrictions eliminated its possibility. The second
site was at Wagon Wheel Park, adjacent to our soccer fields. Again,
easement restrictions, coupled with site and parking limitations, forced its
rejection.
T-Mobile now proposes a site on our existing water tower located behind
and northwest of the Fire Administration/Building Inspection office and
east of Fire Station Number One. Proposed are nine antennae, roughly
six-feet long by eight-inches wide and three-inches thick that would be
placed on the outside surface of the water tower at approximately 95 feet
above grade. From an appearance standpoint, T-Mobil proposes to locate
all cabinets and equipment inside the base of the water tower, thus
creating no visual outside clutter. Although there was some initial staff
concern regarding access to the tower equipment, T-Mobil has agreed to
reimburse the City for any expenses incurred if T-Mobile needs access
after hours. That provision is specified in Section 11 (E) of the License
Agreement (attached).
A second concern related to the amount of space to be allocated to the T-
Mobile cabinets and equipment. As seen in the exhibits included with the
zoning application, this equipment will take up an area of approximately
10-feet by 20-feet, leaving over 90% of the interior space for other
storage.
Item # 5
Page 3 of 3
A final concern relates to the possibility of this water tower being painted
in the near future. T-Mobile has acknowledged that if the painting occurs
within the next three months or so, they will delay installation of the
antennae. Because we have not yet gone out for bids on repainting the
tower, it appears that T-Mobile will install their equipment before the
painting begins. When we have the tower painted, T-Mobile agrees to
find an alternate site for operation during the repaint, remove the antennae
from the face of the tower, replace the antennae after painting is
completed -- all at their expense. This will be a condition of approval of
the zoning request.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request subject to the following
conditions:
1) Approval of the License for Communication Facilities between
the City and T-Mobile.
2) Agreement that installation, removal and reinstallation of the T-
Mobile equipment due to tower painting will be at T-Mobile’s
expense.
3) Compliance with the attached departmental comments (Parks and
Engineering)
4) Change address on Sheet T-1 to reflect 510 Southwestern.
5) A locational listing of all T-Mobile antennae locations in
Coppell.
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, Elevations, Details (Sheets T-1,C1-4)
2) Copy of Draft Lease Agreement.
Item # 5
Page 4 of 3
3) Departmental comments (Parks and Engineering)
C-1
510 SOUTHWESTERN BLVD, STE 100
COPPELL, TX 75019
DALLAS COUNTY
NOT VALID WITHOUT
P.E. STAMP & SIGNATURE
C-2
ENLARGED SITEPLAN
510 SOUTHWESTERN BLVD, STE 100
COPPELL, TX 75019
DALLAS COUNTY
NOT VALID WITHOUT
P.E. STAMP & SIGNATURE
COAX CABLE IDENTIFICATION
C-3
510 SOUTHWESTERN BLVD, STE 100
COPPELL, TX 75019
DALLAS COUNTY
NOT VALID WITHOUT
P.E. STAMP & SIGNATURE
C-4
510 SOUTHWESTERN BLVD, STE 100
COPPELL, TX 75019
DALLAS COUNTY
NOT VALID WITHOUT
P.E. STAMP & SIGNATURE
C-5
510 SOUTHWESTERN BLVD, STE 100
COPPELL, TX 75019
DALLAS COUNTY
NOT VALID WITHOUT
P.E. STAMP & SIGNATURE
LICENSE FOR COMMUNICATIONS FACILITIES - Page 1 55575
STATE OF TEXAS §
§ KNOWN ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS §
LICENSE FOR COMMUNICATIONS FACILITIES
This non-exclusive License for Communications Facilities ("Agreement") is made by and
between the City of Coppell (hereinafter referred to as the "CITY") and T-Mobile Texas LP, a
Delaware limited partnership (hereinafter referred to as "LICENSEE"), for the use of certain
premises and/or facilities according to the following terms and conditions:
WITNESSETH:
WHEREAS, the CITY desires to provide LICENSEE with facilities for housing and
operating certain communications equipment, including the installation of antennas or antenna
systems and the space required to run cable between the equipment and the antenna or antenna
systems and an equipment cabinet; and
WHEREAS, the CITY owns the premises and facilities described below and desires to
allow the LICENSEE to enter and utilize these facilities and premises;
NOW, THEREFORE, for the consideration and on the terms and conditions hereinafter set
forth, the parties agree as follows:
Location
1. The premises and facilities (the "PREMISES") to be provided by the CITY are
located at 51020 Southwestern Boulevard, Coppell, TX 75019 and are further defined as situated on
the tract of land described on Exhibit "A", which is attached and incorporated herein by reference as
if set forth in full.
Equipment
2. The CITY agrees to allow installment and maintenance of LICENSEE’S equipment
and/or improvements as described and illustrated in Exhibit "B", which is attached hereto and
incorporated herein by reference as if set forth in full (also referred to as the "Site Plan"), in
accordance with the terms of this Agreement.
Term
3. This Agreement shall be for an initial term of five (5) years, commencing on the
effective date of execution and said Agreement may be terminated during this period or any
extension period, pursuant to paragraphs 5, 7 and 12. This Agreement will automatically terminate
if LICENSEE is unable to obtain all necessary Governmental Approvals for LICENSEE’S intended
use of and improvements to the PREMISES. Upon expiration of the initial 5-year term, the CITY
LICENSE FOR COMMUNICATIONS FACILITIES - Page 2 55575
or LICENSEE shall have the right to terminate this agreement at any time upon providing written
notice of not less than ninety (90) days, without further obligation hereunder.
4. Unless sooner terminated, LICENSEE is granted the option to renew this license for
two (2) additional five (5) year periods, after the initial term expires. LICENSEE must give written
notice of a decision to exercise this option to CITY no less than ninety (90) days prior to the
expiration of the current term or period. All the terms and covenants of this Agreement apply to all
extension periods, subject to Section 9, and subject to amendment by the mutual agreement of the
parties, in writing and signed by both parties, as provided by this Agreement. At the expiration of
all of the extension periods provided herein, unless renewed or superseded, this Agreement shall
continue from month to month under the terms and conditions set forth herein, and it may be
terminated by either party upon at least thirty (30) days notice to the other party.
Licensee Default
5. The occurrence of any one or more of the following events shall constitute an “Event
of Default” hereunder by LICENSEE:
(a) The failure by LICENSEE to make any payment of rent or any other
payment required to be made by LICENSEE hereunder, as and when due, where such
failure shall continue for a period of twenty (20) days after written notice thereof is received
by LICENSEE from CITY. Time shall be and is of the essence with regard to
LICENSEE’S obligation to timely remit all rentals required herein.
(b) The failure by LICENSEE to observe or perform any of the covenants or
provisions of this Agreement to be observed or performed by LICENSEE, other than as
specified in Paragraph 5(a), where such failure shall continue for a period of thirty (30) days
after written notice thereof is received by LICENSEE from CITY; provided, however, that it
shall not be deemed an Event of Default by LICENSEE if LICENSEE shall commence to
cure such failure within said thirty (30) day period and thereafter diligently prosecute such
cure to completion.
(c) Filing of bankruptcy or declaration of insolvency shall constitute an act of
default.
6. If there occurs an Event of Default by LICENSEE, in addition to any other remedies
available to CITY at law or in equity, CITY shall have the option to terminate this Agreement and
all rights of LICENSEE hereunder.
Nuisance and Overriding Public Need
7. The CITY may terminate this License in the event the use of the Leased Site shall
have been found to be a public or private nuisance, under the law of the State of Texas. In the event
of termination by CITY, the CITY shall give LICENSEE notice in writing at least one (1) year prior
to the termination date. Notwithstanding the foregoing, in the event of an overriding public need, as
determined by the CITY in its sole discretion, then the CITY may terminate this Agreement upon
LICENSE FOR COMMUNICATIONS FACILITIES - Page 3 55575
written notice, delivered not less than ninety (90) days prior to termination. In the event that the
facilities and water tower upon which LICENSEE’S equipment, antenna systems and structures will
be placed are permanently destroyed, removed or taken down, this Agreement shall terminate
automatically without prior notice, in the absence of any overriding public need.
Title and Quiet Possession
8. CITY represents and agrees (a) that it is the owner of the Site; (b) that it has the right
to enter into this Agreement; (c) that the person signing this Agreement has the authority has the
authority to sign; (d) that LICENSEE is not in default beyond the expiration of any cure period; and
(e) that CITY shall not have unsupervised access to the Site or to the LICENSEE'S equipment,
subject to CITY'S right of eminent domain.
Use and Sublet of Premises
9. The use of the provided PREMISES by the LICENSEE in conjunction with the
terms of this Agreement, is for the sole purpose of installation, operation and maintenance, removal,
replacing, modifying of communications equipment, being personal communication service system
facility, in strict compliance with this Agreement and the attached Exhibits "A" and “B”. The
LICENSEE may not sublet to or license others to use the PREMISES without the prior written
consent of the CITY; provided however, LICENSEE may without the consent of CITY assign this
license to any party that is a parent company, wholly-owned subsidiary, or affiliate of LICENSEE.
Consideration
10. In consideration for providing the PREMISES for use by the LICENSEE, the
LICENSEE shall pay to the CITY a rental fee of $2,000.00 per month, partial months to be
prorated, and payable on the first day of each month thereafter throughout the term of this
agreement. Rent shall be increased at the rate of 3% annually over the term of the lease and upon
renewal for subsequent terms, rent shall be increased at a rate of no less than 3% annually.
Access
11.(A) Subject to the provisions below, LICENSEE shall have twenty-four (24) hours a
day, seven (7) days a week access to Premises during the term of the Lease and any renewal
term, upon telephonic notice to the Fire Department on (972) or Department of Public Works on
(972)- 462-5150 _____________ Monday – Friday 8 am to 5 pm excluding holidays. Such
access for routine maintenance shall not require more that 24 hour’s advance notice. In the case
of emergencies, LICENSEE shall notify City in advance of entering Premises, giving as much
notice as reasonably possible.
(B) For purposes of this section, emergency means a condition that (1) CITY determines
may pose a danger to life or health, or a significant loss of property; or (2) requires immediate
repair or replacement of facilities by the LICENSEE in order to restore service to its customers.
(C) Failure of LICENSEE, LICENSEE’S employees, contractors, subcontractors, or
agents to adhere to the notice and supervision requirements of this section voids LICENSEE’S
LICENSE FOR COMMUNICATIONS FACILITIES - Page 4 55575
permission to access the Tower site. Such persons will be trespassers, and shall be subject to
criminal charges and/or arrest for such violation. In the event such person is found to be
trespassing on the Tower site repeatedly, such violation would constitute a material breach of the
Lease.
(D) A City of Coppell employee is required to be on site at all times during LICENSEE’S
access to the Tower site. LICENSEE, LICENSEE’S contractors or subcontractors shall present
photographic identification at all times during access to the Tower site. LICENSEE shall
provide to CITY a list of authorized personnel for maintenance. Such list shall be updated
periodically by LICENSEE and provided to CITY, and is attached hereto as Exhibit C.
(E) CITY and LICENSEE agree that LICENSEE shall reimburse CITY for any
reasonable charges associated with any City of Coppell employee being required to be on the
Premises solely for benefit of LICENSEE during LICENSEE’S access to the Tower site for
construction and/or maintenance needs. LICENSEE agrees to reimburse the CITY double time
for any employee that must be on site outside normal business hours.
(F) Only qualified and adequately insured agents, contractors or persons under
LICENSEE’S direct supervision will be permitted to climb the water tower or to install or
remove LICENSEE’S antennas and/or transmission lines from the water tower. Landlord retains
the right to permit its own employees and agents of subsequent users of the water tower to climb
the tower for the purpose of repair and maintenance. CITY shall notify LICENSEE within a
reasonable period of time prior to performing any scheduled maintenance on the water tower and
inform LICENSEE of the nature and duration of said maintenance. If said maintenance will
interfere with LICENSEE’S operations, LICENSEE shall be permitted with CITY’S approval to
erect a temporary tower on the property in a location satisfactory to both LICENSEE and CITY
for the duration of said maintenance and shall promptly remove the temporary tower upon
CITY’S completion of said maintenance. Notwithstanding anything to the contrary herein, in the
event that City needs to perform maintenance of any type in the area where LICENSEE’S
ANTENNAE are located, LICENSEE shall, upon written request of CITY, relocate
LICENSEE’S property at its sole cost and expense within 30 days after said notice. Said 30 days
may be increased if it becomes necessary to erect a temporary tower. CITY will notify
LICENSEE when the property can be replaced at its former location. The LICENSEE shall
notify the CITY of any repairs on the antennas.
Interference
12. LICENSEE shall not cause electrical interference to the CITY or to any other
licensee who is using the PREMISES at the time of LICENSEE'S installation or operation of its
equipment. Should such interference occur, LICENSEE will take all steps necessary to correct such
interference and, if such interference cannot be corrected, LICENSEE will cease its operations from
the site, and this Agreement shall be terminated. The CITY will not grant a license to any other
party for the use of the CITY'S property without including in that license a provision stating that the
party's use will not in any way adversely affect or interfere with the LICENSEE'S signal operation
of its communication system. Furthermore, the LICENSEE shall have the right to terminate this
Agreement upon thirty (30) days notice to the CITY if another user of the facilities causes
LICENSE FOR COMMUNICATIONS FACILITIES - Page 5 55575
significant interference with LICENSEE'S operations, and such interference is not corrected within
thirty (30) days following the notice.
13. LICENSEE shall have the sole burden of, and be responsible for all costs associated
with, alleging and proving that another user of the PREMISES is causing significant interference, or
for otherwise enforcing LICENSEE'S rights under this Agreement. The CITY shall not be
responsible for the costs associated with the resolution of any dispute between users of the
PREMISES, or enforcement of any of LICENSEE'S rights under this Agreement.
Utility Easements and Utility Cost
14. The LICENSEE will be responsible for any and all costs associated with electrical
hookup, maintenance and service, which is due to the LICENSEE'S operations at the PREMISES.
The CITY shall provide and grant to LICENSEE any easements necessary for the provision of
electric and telephone hookup and service to this PREMISES and LICENSEE'S equipment.
Taxes
15. LICENSEE agrees to reimburse the CITY for all such taxes which are assessed
against the CITY due to the personal property improvements constructed or maintained by
LICENSEE on or about the PREMISES; provided however, the CITY shall use its best efforts to
provide prior notification of any taxes for which LICENSEE is to be charged, so the LICENSEE
will have the opportunity to appear before the taxing authority and contest any assessment.
Liability, Release and Indemnification
16. LICENSEE shall at all times comply with all laws and ordinances and all rules and
regulations of municipal, state and federal government authorities relating to the installation,
maintenance, height, location, use, operation, and removal of the equipment, antenna systems, and
other alterations or improvements authorized herein, and SHALL FULLY INDEMNIFY THE
CITY AGAINST ANY LOSS, DAMAGE, COST, OR EXPENSE WHICH MAY BE
SUSTAINED OR INCURRED BY THE CITY AS A RESULT OF THE INSTALLATION,
MAINTENANCE, OPERATION, OR REMOVAL OF SAID IMPROVEMENTS, EXCEPT
WHERE CAUSED IN WHOLE OR IN PART BY THE GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT OF THE CITY, ITS AGENTS, SERVANTS OR EMPLOYEES.
17. LICENSEE AGREES AND IS BOUND TO INDEMNIFY, DEFEND, AND
HOLD THE CITY WHOLE AND HARMLESS AGAINST ANY AND ALL CLAIMS FOR ANY
LOSS OR DAMAGES THAT MAY ARISE OUT OF THE USE, MAINTENANCE, AND
OCCUPANCY OF LICENSEE'S INSTALLATIONS AND IMPROVEMENTS BY LICENSEE
ON THE ABOVE DESCRIBED PROPERTY, EXCEPT WHERE CAUSED IN WHOLE OR IN
PART BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY, ITS
AGENTS, SERVANTS OR EMPLOYEES.
LICENSE FOR COMMUNICATIONS FACILITIES - Page 6 55575
18. LICENSEE AGREES THAT LICENSEE SHALL INDEMNIFY, DEFEND,
RELEASE, ACQUIT, AND HOLD FREE AND HARMLESS THE CITY, ITS AGENTS,
REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS,
DEMANDS, CAUSES OF ACTION, LIABILITIES, LOSSES, AND DAMAGE, WHETHER
ASSERTED BY LICENSEE, ITS AGENTS, REPRESENTATIVES OR EMPLOYEES, OR ANY
THIRD PARTY WHICH IN ANY WAY RELATE TO OR ARISE FROM LICENSEE’S
EQUIPMENT OR THE INSTALLATION OR MAINTENANCE THEREOF, OR FROM
LICENSEE’S ENTRY ONTO AND UTILIZATION OF THE CITY’S PREMISES AND
FACILITIES, INCLUDING BUT NOT LIMITED TO CLAIMS OR CAUSES OF ACTION
ALLEGING THAT LOSS, INJURY OR DAMAGE WERE CAUSED IN WHOLE OR IN PART
BY THE CITY’S NEGLIGENCE.
IN ADDITION, LICENSEE SHALL BE LIABLE FOR ANY AND ALL DAMAGE TO
THE PREMISES CAUSED BY LICENSEE OR ITS AGENTS, REPRESENTATIVES, OR
EMPLOYEES, INCLUDING BUT NOT LIMITED TO CALIMS OR CAUSES OF ACTION
ALLEGING THAT LOSS, INJURY OR DAMAGE WERE CAUSED IN WHOLE OR IN PART
BY THE LICENSEE'S NEGLIGENCE.
Insurance
19. LICENSEE shall obtain and maintain in full force and effect for the duration of this
Agreement, and any extension or renewal thereof, at LICENSEE'S sole expense, liability insurance
and workman's compensation insurance, and a certificate of insurance shall be submitted to and
approved by the CITY prior to the commencement of any performance under this Agreement. The
required insurance must provide a minimum of $1,000,000 single occurrence coverage for bodily
injury (including death), and a minimum of $1,000,000 single occurrence coverage for property
damage. The CITY shall be named as an additional insured under said policy of insurance.
Condition of Site
20(A). LICENSEE accepts the PREMISES as is, in its current condition, and the CITY
makes no representations or warranties, and hereby disclaims any and all such representations or
warranties, express or implied, of any kind or nature, with regard to the facilities and the
PREMISES. The CITY shall maintain the PREMISES in compliance with all applicable statutes,
regulations and rules, and in a manner which will not interfere with LICENSEE'S reasonable use of
the site. Upon expiration, cancellation, or termination of this Agreement, the LICENSEE shall
remove its equipment, antenna systems and structures from the PREMISES at LICENSEE'S sole
cost and expense. However, upon vacation of this site, LICENSEE shall surrender the PREMISES
in substantially the same condition as received, except for ordinary wear and tear, as determined by
the CITY. If, as determined by the CITY, the PREMISES are not surrendered in satisfactory
condition, the LICENSEE shall be liable to the CITY for an amount representing the actual cost to
restore the PREMISES to substantially the same condition as received. In the event of
LICENSEE’S timely failure to remove its equipment, antenna systems, and structures, the CITY
may do so at its expense and retain and sell any such equipment, antenna systems, and structures in
compensation for any past due obligations. LICENSEE hereby grants and conveys a lien on all
equipment, antenna systems and structures installed and used at the PREMISES for such purposes,
LICENSE FOR COMMUNICATIONS FACILITIES - Page 7 55575
enforceable without judicial intervention, perfected by written notice to LICENSEE to cure its
default within thirty (30) days of such notice, notwithstanding the provisions of paragraph 5(b),
hereinabove. Any permanent improvements or fixtures installed on the PREMISES by LICENSEE
shall become the property of the CITY upon the expiration of this Agreement.
B. In addition to the conditions of the site, LICENSEE shall:
1. locate, at its sole expense, the antennae on the existing water tower stand pipe
subject to prior approval by the City Manager or his designee;
2. cause the equipment cabinets to be placed inside said water tower stand pipe
structure and to be secured by an appropriate gate, lock, and/or appropriate security
device(s);
3. initial construction, installation and location or relocation of any structure, cabinet
antenna, or equipment shall be completed by May 31,----------------, 2006 except upon
express written consent of the City Manager or his designee.
Tower Maintenance
21. It is understood that periodic maintenance and repair of the CITY’S facilities on the
PREMISES is necessary. The LICENSEE agrees that its rights under this Agreement are
subordinate to the CITY’S rights to conduct and perform such maintenance and repairs. For such
purposes, the CITY may reasonably and temporarily interfere with, hinder and interrupt
LICENSEE’S use of the facilities and PREMISES.
Notice
22. All notices to the parties shall be in writing and shall be sent by certified or
registered mail, or hand delivered, to the address of the party as it appears in this Agreement.
Marking, Lighting and Radio Frequency Requirements
23. The LICENSEE acknowledges that it shall be responsible for compliance with all
building marker and lighting requirements which may be required by the Federal Aviation
Administration or the Federal Communication Commission in conjunction with LICENSEE'S
installation of improvements under this Agreement, as well any expenses, fees or fines associated
with compliance or non-compliance. Should the CITY be cited by either the FCC or FAA because
the location is not in compliance, due to LICENSEE'S installation of improvements under this
Agreement, and if the LICENSEE does not cure the conditions of noncompliance within the time
frame allowed by the citing agency, the CITY may terminate this Agreement.
24. LICENSEE agrees to comply with the Federal Communications Commission
(“FCC”) radio frequency (“RF”) exposure rules and requirements for RF exposure to humans.
LICENSEE will not cause radio frequency and/or electrical interference to the existing equipment
of CITY or to any other tenant who is using the Site upon earlier of the Commencement Date or at
the time LICENSEE installs its Communications Equipment, provided that the equipment used by
CITY or other licensee is operating within the technical parameters specified by its manufacturer
LICENSE FOR COMMUNICATIONS FACILITIES - Page 8 55575
and/or as defined by the FCC (see Schedule attached hereto for a list of existing and/or known users
on the Site). Upon written notice from CITY to LICENSEE of such interference, LICENSEE will
take all reasonable steps to correct such interference in a timely manner. If such interference cannot
be reasonably corrected within five (5) business days from receipt of CITY’s notice, LICENSEE
will cease using its Communication Equipment, except for testing, until such time as LICENSEE
corrects the interference.
25. CITY represents that it has no knowledge of any substance, chemical or waste
(collectively, "substance") on the Site that is identified as hazardous, toxic or dangerous in any
applicable federal, state or local law or regulation. LICENSEE will not introduce or use any such
substance on the Site in violation of any applicable law.
Site Plan
26. The Site Plan (attached as "Exhibit B") has been approved by the CITY prior to the
execution of this Agreement, with approval or disapproval not to be unreasonably delayed or
withheld. The Site Plan shall describe and illustrate the location of the equipment, fixtures,
antennas, cables, wiring and other structures to be installed, maintained and operated under this
Agreement. The Site Plan shall include a scale drawing and inventory analysis of the proposed
installations, as well as an elevation of the PREMISES with the proposed installations.
PERFORMANCE UNDER THIS AGREEMENT SHALL BE IN STRICT COMPLIANCE WITH
THE APPROVED SITE PLAN. IF THE LICENSEE'S INSTALLATION, MAINTENANCE, OR
OPERATION OF EQUIPMENT, FIXTURES, ANTENNAS, CABLES, WIRING AND OTHER
STRUCTURES FAILS TO COMPLY WITH THE APPROVED SITE PLAN AND SPECIAL
USE PERMIT,IF REQUIRED BY AND ISSUED BY CITY, AT ANY TIME, AS DETERMINED
BY THE CITY, THEN THE CITY SHALL HAVE THE RIGHT TO TERMINATE THIS
AGREEMENT UPON THIRTY (30) DAYS NOTICE TO LICENSEE.
Entire Agreement
27. This Agreement, together with Exhibits "A" and “B” attached, is the entire
agreement between the parties with respect to the subject matter covered in this Agreement. There
is no other collateral oral or written agreement between the parties that in any matter relates to the
subject matter of this Agreement.
LICENSE FOR COMMUNICATIONS FACILITIES - Page 9 55575
Representation
28. Both the LICENSEE and the CITY represent that they have full capacity and
authority to grant all rights and assume all obligations they have granted and assumed under this
Agreement.
Governing Law
29. The validity of this Agreement and any of its terms or provisions, as well as the
rights and duties of the parties, shall be governed by the laws of the State of Texas, and any venue
for any action concerning this Agreement shall be in Dallas County, Texas.
Amendment
30. This Agreement may be amended only by the written mutual agreement of the
parties hereto.
Legal Construction
31. In the event that any one or more of the provisions contained in this Agreement shall
for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect the other provisions, and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
Termination
32. Except as otherwise provided herein, this License may be terminated upon one
hundred eighty (180) days written notice by LICENSEE if the PREMISES or the LICENSEE'S
equipment is, or becomes, unacceptable under LICENSEE'S design or engineering specifications
for its equipment or the communications system to which the equipment belongs. Upon the
termination of the License under these conditions, LICENSEE shall pay to the CITY a buyout fee
equivalent to six (6) months rent under the terms and conditions of the License at the time of the
termination.
EXECUTED in single or multiple originals on the ____ day of _________________, 2006,
in Dallas County, Texas.
LICENSE FOR COMMUNICATIONS FACILITIES - Page 10 55575
LICENSEE: CITY:
T-Mobile Texas, LP CITY OF COPPELL, TEXAS
a Delaware limited partnership a Texas Municipal Corporation
By: T-Mobile West Corporation
Its: General Partner
By: _____________________________ By: ________________________________
Jeff Hooper Jim Witt
Director of Engineering and Operations City Manager
11830 Webb Chapel Road, Ste. 5000 255 Parkway Boulevard
Dallas, Texas 75234 P.O. Box 478
Coppell, Texas 75019
ATTEST:
____________________________________
Libby Ball
City Secretary
Exhibit "A"
LEGAL DESCRIPTION TO BE ATTACHED
Exhibit “B”
SITE PLAN TO BE ATTACHED (4 pages—C1,C2,C3,C4
“Exhibit C”
LICENSEE’SAuthorized Personnel for Maintenance
Johnny Jones
John Rodriguez
Chris Coltrain
James Perry
Leyla Hammonds
Brad Cauley
Page Graham
Chris Barry
Craig Gandy
Brian Waldron
DATE: April 11, 2006
ITEM #: 14
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
DATE: April 11, 2006
ITEM #: 15
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Report by Councilmember Peters regarding Metroplex Mayors’ Meeting.
B. Report by Mayor Stover regarding Citizens’ Summit.
C. Report by Mayor Stover regarding Clean Coppell Earthfest 2006.
D. Report by Mayor Stover regarding Employee Banquet.
E. Report by Mayor Stover regarding Budget Meetings.
F. Report by Mayor Stover regarding the Community Egg hunt on April 15th.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
DATE: April 11, 2006
ITEM #: 16
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: APRIL 11, 2006
Department Submissions:
Item No. 8/B was placed on the Agenda for the above-referenced City
Council meeting by the Engineering Department. I have reviewed the
Agenda Request (and any backup if applicable) and hereby submit this item
to the City Council for consideration.
____________________
Engineering Department
Item Nos. 8/C, 9, 10, 11, 12 and 13 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
(or Deputy City Manager)