CP 2006-08-08
NOTICE OF CITY COUNCIL MEETING AND AGENDA
AUGUST 8, 2006
DOUG STOVER, BILLY FAUGHT, Place 5
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4
JAYNE PETERS, Place 2 MARVIN FRANKLIN, Place 6
BRIANNA HINOJOSA-FLORES, Place 3 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, August 8, 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.
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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.; and City of Dallas vs.
Douglas Stover, et al in the 191st District Court; and City of
Coppell, et al vs. City of Dallas, et al in the 101st District Court.
2. Provide Legal Advice concerning Regulations for Alcoholic
Beverages.
B. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. Economic Development Prospects on the west side of
Coppell.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Underage Drinking and Ordinance.
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.
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ITEM # ITEM DESCRIPTION
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: July 25, 2006 & July 27, 2006.
B. Consider approval of the certification of the 2006 anticipated
collection rate for the period of July 1, 2006, through June 30, 2007,
and the amount of excess debt collections during the period of
July 1, 2005, and June 30, 2006.
C. Consider approval of authorizing the City Manager to execute an
Agreement with the Coppell Independent School District for the
exchange of land at the Town Center Complex and Town Center
Elementary School and authorizing the Mayor to execute the
appropriate conveyance documents.
D. Consider approval of an Ordinance for S-1121R-SF-9, St. Ann
Catholic Parish, zoning change request from S-1121-SF-9 (Special
Use Permit-1121-Single Family-9) to S-1121R-SF-9 (Special Use Permit-
1121 Revised – Single Family 9), to amend the existing SUP site plan
to allow the renovation and expansion of church uses into the
former Georgetown Shopping Center, including stucco exterior,
adding a playground, additional parking and landscaped areas on
approximately 19.52 acres of property located at the northeast
corner of Sandy Lake Road and Samuel Boulevard, and authorizing
the mayor to sign.
END OF CONSENT
9. Consider approval of a proposal to lower the tax rate to .64146 for the
2006 tax year and to set the Public Hearings on the proposed tax rate for
the next regularly scheduled Council Meeting on August 22, 2006 at 7:00
p.m., and at a special called Council Meeting on August 29, 2006 at 6:00
p.m.
10. PUBLIC HEARING:
Consider approval of Case No. PD-208R-LI, Coppell Trade Center, zoning
change request from PD-208-LI (Planned Development-208-Light Industrial)
to PD-208R-LI (Planned Development-208 Revised-Light Industrial) to
approve Detail Plans for three office/warehouse buildings (Buildings A and
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ITEM # ITEM DESCRIPTION
B each containing approximately 150,500-square-feet and Building D
containing approximately 117,737-square-feet) on approximately 27.8
acres of property located along the north side of Sandy Lake Road,
between Northpoint Drive (extended) and the extension of Freeport
Parkway.
11. PUBLIC HEARING:
Consider approval of the Coppell Trade Center, Lot 1R, Block 1, Replat, to
revise the location of fire lanes and utilities to allow the construction of
three office/warehouse buildings, on approximately 40.6 acres of property
located along the north side of Sandy Lake Road, between Northpoint
Drive (extended) and the extension of Freeport Parkway.
12. PUBLIC HEARING:
Consider Approval of Case No. PD-215-LI, Victron Energy, zoning change
request from LI (Light Industrial) to PD-215-LI (Planned Development-215-LI)
to allow the development of a 4,248-square-foot convenience store,
1,414-square-foot restaurant and a 5,104-square-foot canopy over six gas
pumps on 1.68 acres of property within the City of Coppell and an
additional 0.66 acres of lease area (DFW Airport Land outside of Coppell
City Limits) located south of LBJ (IH 635), east of Royal Lane.
13. Consider approval of Victron Stores Addition, Lot 1, Block A, Minor Plat, to
allow the development of a 4,248-square-foot convenience store, 1,414-
square-foot restaurant and a 5,104-square-foot canopy with six gas pumps
on 1.68 acres of property located south of LBJ (IH 635), east of Royal Lane.
14. Consider approval of the Freeport North, Lot 3CR, Quill Corporation, Site
Plan Amendment, to allow the construction of a 33,000-square-foot
building addition to the rear of the existing 146,000-square-foot
office/warehouse building, providing for the extension of the fire lane and
additional landscaping, on 9.5 acres of property located at 440 S. Royal
Lane.
15. PUBLIC HEARING:
Consider approval of the Freeport North, Lot 3CR, Quill Corporation,
Replat, to extend the fire lane and establish additional utility easements to
allow the construction of a 33,000-square-foot building addition to the
rear of the existing 146,000-square-foot office/warehouse building, on 9.5
acres of property, located at 440 S. Royal Lane.
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ITEM # ITEM DESCRIPTION
16. Consider authorization to close Bethel Road (between Loch Lane and
Coppell Road North) for the construction of a portion of the Bethel Road
project.
17. Necessary action resulting from Work Session.
18. Mayor and Council Reports.
A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting.
B. Report by Mayor Stover regarding National Night Out.
C. Report by Councilmember Tunnell regarding New Teacher
Breakfast.
19. Necessary Action Resulting from Executive Session.
Adjournment.
____________________________________
Douglas N. Stover, Mayor
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at
the City Hall of the City of Coppell, Texas on this _________ day of
_________________, 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.
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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).
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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: August 8, 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.;
and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of
Coppell, et al vs. City of Dallas, et al in the 101st District Court.
2. Provide Legal Advice concerning Regulations for Alcoholic Beverages.
B. Section 551.087, Texas Government Code – Economic Development Negotiations.
1. Economic Development Prospects on the west side of Coppell.
Agenda Request Form - Revised 02/04 Document Name: %executivesession
DATE: August 8, 2006
ITEM #:WS-3
AGENDA REQUEST FORM
WORK SESSION
A. Discussion regarding Underage Drinking and Ordinance.
B. Discussion of Agenda Items.
Agenda Request Form - Revised 02/04 Document Name:
%worksession
Draft 07/12/06
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
CHAPTER 9 OF THE COPPELL CITY CODE TO ADD ARTICLE 9-24,
SECTIONS 9-24-1 THROUGH 9-24-4, MAKING IT UNLAWFUL FOR
PROPERTY OWNERS AND PERSONS IN CONTROL OF A RESIDENCE OR
PREMISES TO ALLOW THE PROPERTY TO BE USED FOR A SOCIAL
GATHERING WHERE MINORS MAY BE UNLAWFULLY POSSESSING,
USING OR CONSUMING ALCOHOLIC BEVERAGES OR CONTROLLED
SUBSTANCES; PROVIDING FOR PRESUMPTIONS AND DEFENSES;
PROVIDING A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED
DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell determines and declares that social
gatherings where minors gather to use alcohol and illegal substances are a serious threat to public
safety; and
WHEREAS, the City Council finds and determines that social gatherings often are the
result of a lack of proper supervision by parents and other adults whose property is used as a site
for open parties;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That Chapter 9 of the Coppell Code of Ordinances be and the same is
hereby amended by adding Article 9-24, to be entitled “Maintaining a Premises for Consumption
of Alcohol or Drugs by Minors,” which shall read as follows:
“ARTICLE 9-24. MAINTAINING A PREMISES FOR CONSUMPTION OF ALCOHOL
OR DRUGS BY MINORS
Sec. 9-24-1. Definitions.
For the purposes of this article, the following terms, words, phrases and the
derivations thereof shall have the meanings given herein.
Alcoholic beverage shall have the meaning ascribed to it by Section 1.04(1),
Texas Alcoholic Beverage Code.
Draft 07/12/06
Controlled substance shall have the meaning ascribed to it by Section
§481.002(5) of the Texas Controlled Substances Act, ch. 481, Texas Health & Safety
Code.
Minor shall mean a person younger than twenty-one (21) years of age.
Residence or Premises shall mean: (1) a place where a person abides, lodges, or
resides, including but not limited to a house, apartment, condominium, hotel or motel
room, or other dwelling unit; or, (2) a hall, meeting room, building, or other place of
assembly whether occupied on a temporary or permanent basis or as a dwelling or place
for social functions. The terms Residence or Premises includes the curtilage of a dwelling
unit and, as used in this article, shall have the foregoing meaning whether owned, leased,
rented or used with or without compensation.
Social gathering shall mean a gathering for social or recreational entertainment at
a residence or premises at which nonfamily or unrelated persons are present
Sec. 9-24-2. Offense.
It shall be unlawful for any person owning or having possession or control of a
residence or premises to allow a social gathering to take place at such residence or
premises if an alcoholic beverage or a controlled substance was unlawfully possessed,
used or consumed by minors if such person knew or reasonably should have known that
such would take place.
Sec. 9-24-3. Presumption and Defenses.
A. In the prosecution of an offense under this article, it shall be presumed that a
person knew or reasonably should have known that a social gathering would take place
and that alcoholic beverages or controlled substances would be possessed, used or
consumed by minors if that person owned, possessed or was in control of the residence or
premises during the preceding year and more than three (3) social gatherings have taken
place at that residence or premises in the preceding year, during each of which minors
were present and possessed, used or consumed an alcohol beverage or a controlled
substance.
B. It is a defense to prosecution of an offense under this article if the possession, use
or consumption of alcoholic beverages by a minor was in the visible presence of the
minor’s adult parent, guardian or spouse, or other adult to whom the minor has been
committed by a court, or while in the course and scope of the minor’s employment by a
licensee or permittee of the Texas Alcoholic Beverage Commission.
C. It is a defense to prosecution of an offense under this article if the person did not
know and, through the exercise of reasonable diligence, could not have known that a
social gathering would occur.
Draft 07/12/06
Sec. 9-24-4. Penalty.
An offense under this article shall be deemed to be a misdemeanor and, upon
conviction, is punishable by a fine not to exceed five hundred dollars ($500.00) for each
offense.”
SECTION 2. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be and the same are hereby repealed, and all other
provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall
remain in full force and effect.
SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to
be void or unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and
effect.
SECTION 4. That this ordinance shall take effect immediately from and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2006
APPROVED:
_________________ ____________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_______________________________________
LIBBY BALL, CITY SECRETARY
Draft 07/12/06
APPROVED AS TO FORM:
Robert E. Hager, City Attorney
(67886 07/02/06)
DATE: August 8, 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: August 8, 2006
ITEM #: 8/A
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of minutes: July 25, 2006
July 27, 2006.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: %minutes
MINUTES OF JULY 25, 2006
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, July 25, 2006, at 5:30 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Billy Faught, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember (late arrival)
Marvin Franklin, Councilmember
Bill York, Councilmember
Mayor Stover was absent from the meeting. Also present were City Manager
Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager.
1. Call to order.
Mayor Pro Tem Faught 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.; and
City of Dallas vs. Douglas Stover, et al in the 191st
District Court; and City of Coppell, et al vs. City of
Dallas, et al in the 101st District Court.
2. Discussion regarding Alcohol Regulations.
B. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. Economic Development Prospects on the west side
of Coppell.
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ITEM # ITEM DESCRIPTION
Councilmember Tunnell arrived prior to convening Executive Session.
Mayor Pro Tem Faught convened into Executive Session at 5:45 p.m. as
allowed under the above-stated article. Item A1 was discussed. Mayor
Pro Tem Faught recessed the Executive Session at 6:50 p.m. and opened
the Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding a revised Fence Ordinance.
B. Review timetable and design elements for Town Center
Project and status on Senior Center.
C. Discussion of Agenda Items.
Item A was discussed at this time.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Msgr. Leon Duesman of St. Ann’s Catholic Church led those present in
the Invocation.
6. Pledge of Allegiance.
Councilmember Brancheau led those present in the Pledge of Allegiance.
7. Consider approval of a proclamation naming July 25, 2006 as
Governor’s Community Achievement Award Recognition Day
for volunteer efforts related to Keep Coppell Beautiful, and
authorizing the Mayor to sign.
Presentation:
Mayor Pro Tem Faught read the Proclamation for the record and
presented the same to Amanda Vanhoosier and members present from
Keep Coppell Beautiful and the Coppell Community Garden.
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ITEM # ITEM DESCRIPTION
Action:
Councilmember Peters moved to approve a proclamation naming July 25,
2006 as Governor’s Community Achievement Award Recognition Day for
volunteer efforts related to Keep Coppell Beautiful, and authorizing the
Mayor to sign. Councilmember Franklin seconded the motion; the
motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in
favor of the motion.
8. Consider approval of a proclamation proclaiming “National
Night Out” on Tuesday, August 1, 2006, and providing City
Council Support and Endorsement of National Night Out
festivities and authorizing the mayor to sign.
Presentation:
Mayor Pro Tem Faught read the Proclamation for the record and
presented the same to R. J. Harr, McGruff and Knight Out.
Action:
Councilmember Tunnell moved to approve a proclamation proclaiming
“National Night Out” on Tuesday, August 1, 2006, and providing City
Council Support and Endorsement of National Night Out festivities and
authorizing the Mayor to sign. Councilmember Hinojosa-Flores seconded
the motion; the motion carried 7-0 with Mayor Pro Tem Faught and
Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin
and York voting in favor of the motion.
9. Citizens' Appearances.
There were no citizens signed up to speak under this item.
CONSENT AGENDA
10. Consider approval of the following consent agenda items:
A. Consider approval of minutes: July 11, 2006.
B. Consider approval of a grant application between the city
of Coppell, the Coppell Education Development
Corporation, and the Carrollton-Farmers Branch
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ITEM # ITEM DESCRIPTION
Independent School District in the amount of
$115,200.00 and authorizing the City Manager to sign.
C. Consider approval of a grant application between the city
of Coppell, the Coppell Education Development
Corporation, and the Carrollton-Farmers Branch
Independent School District in the amount of $39,600.00
and authorizing the City Manager to sign.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A, B
and C. Councilmember Peters seconded the motion; the motion carried
7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the
motion.
11. Consider approval of a Resolution directing publication of
notice of intention to issue Certificates of Obligations, Series
2006 in an amount not to exceed $3,785,000.00, for the
additional funds required for the new Senior Citizen Center,
the Town Center Master Plan park improvements and related
bond issuance costs, and authorizing the Mayor to sign.
Presentation:
Jennifer Armstrong, Finance Director, made a presentation to the
Council.
Action:
Councilmember Brancheau moved to approve Resolution No.
2006-0725.1 directing publication of notice of intention to issue
Certificates of Obligations, Series 2006 in an amount not to exceed
$3,785,000.00, for the additional funds required for the new Senior
Citizen Center, the Town Center Master Plan park improvements and
related bond issuance costs, and authorizing the Mayor to sign.
Councilmember York seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the
motion.
12. Consider approval of a Resolution calling a Local Option
Election to be held on November 7, 2006 for the purpose of
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ITEM # ITEM DESCRIPTION
submitting to the voters the following propositions: 1) “Shall
the City of Coppell permit the legal sale of beer and wine for
off-premise consumption only;” and 2) “Shall the City of
Coppell permit the legal sale of mixed beverages in restaurants
by food and beverage certificate holders only;” authorizing the
City Manager to enter into and sign a Joint Election
Agreement and Election Service Contract with Dallas County
Elections Department for conducting the election; and
authorizing the Mayor to sign.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Action:
Councilmember York moved to approve Resolution No. 2006-0725.2
calling a Local Option Election to be held on November 7, 2006 for the
purpose of submitting to the voters the following propositions: 1) “Shall
the City of Coppell permit the legal sale of beer and wine for off-premise
consumption only;” and 2) “Shall the City of Coppell permit the legal sale
of mixed beverages in restaurants by food and beverage certificate
holders only;” authorizing the City Manager to enter into and sign a Joint
Election Agreement and Election Service Contract with Dallas County
Elections Department for conducting the election; and authorizing the
Mayor to sign. Councilmember Tunnell seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Faught and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in
favor of the motion.
13. Necessary action resulting from Work Session.
There was no action necessary under this item.
14. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD –
Councilmember Tunnell.
B. Coppell ISD – Mayor Pro Tem Faught and Councilmember
York.
C. Coppell Seniors – Mayor Pro Tem Faught and
Councilmember Brancheau.
D. Dallas Regional Mobility Coalition - Councilmember
Peters.
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ITEM # ITEM DESCRIPTION
E. Economic Development Committee - Councilmembers
Peters and Franklin.
F. Metrocrest Hospital Authority - Councilmember Tunnell.
G. Metrocrest Medical Foundation - Councilmember
Hinojosa-Flores.
H. Metrocrest Medical Services – Councilmember Hinojosa-
Flores.
I. Metrocrest Social Service Center – Councilmember York.
J. North Texas Council of Governments - Councilmember
Peters.
K. NTCOG/Regional Emergency Management -
Councilmember Franklin.
L. North Texas Commission - Councilmember Brancheau.
M. Senior Adult Services – Mayor Pro Tem Faught.
A. Councilmember Tunnell advised that the new teacher breakfast for
Carrollton/Farmers Branch ISD would be held Wednesday, July
26. School starts for CFBISD and LISD on August 14. LISD
superintendent, Dr. Roy, was named “Superintendent of the Year”
for Region 11.
B. Mayor Pro Tem Faught stated that CISD would hold their public
budget hearing on August 14 and school will begin on August 14.
The high school will have a new principal, Principal Hunt.
August 2 will be the date for the new teacher breakfast.
C. Councilmember Brancheau reported there would be a meeting on
Wednesday, July 26 at the Senior Center.
D. Councilmember Peters announced that State Highway 121 was
now open from Coppell to The Colony and would be a toll road but
for the first two months driving on the highway will be free. The
official Grand Ribbon Cutting for that piece of the highway will be
August 29 at Coppell Middle School North. Governor Perry and
other state officials will be in attendance. Councilmember Peters
reminded everyone that the Irving statewide transportation summit
would be August 8 through August 11 at the old Harvey/new
Westin in Irving.
E. Councilmember Franklin stated there would be a meeting on
Wednesday, August 2 and there be a groundbreaking for the Hard
Eight Restaurant on Thursday, July 27.
ag072506
Page 6 of 8
ITEM # ITEM DESCRIPTION
F. Councilmember Tunnell advised that Metrocrest Hospital Authority
would have an operator selected for Trinity and RHD by August 31.
G. Councilmember Hinojosa-Flores reminded everyone that the
annual gala for the Metrocrest Medical Foundation will be
September 23 and she is collecting donations for their silent
auction.
H. There was nothing to report on this item.
I. There was nothing to report on this item.
J. There was nothing to report on this item.
K. There was nothing to report on this item.
L. Councilmember Brancheau reported that the City of Coppell would
be involved in the R&R for the troops welcoming them to DFW
Airport. City Manager Jim Witt advised that Scarlett Hovland was
coordinating this effort for the city.
M. Mayor Pro Tem Faught spoke about the services that Senior Adult
Services offer and he announced that the annual golf tournament
would be held on Monday, October 16.
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.; and
City of Dallas vs. Douglas Stover, et al in the 191st
District Court; and City of Coppell, et al vs. City of
Dallas, et al in the 101st District Court.
2. Discussion regarding Alcohol Regulations.
B. Section 551.087, Texas Government Code – Economic
Development Negotiations.
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Page 7 of 8
ITEM # ITEM DESCRIPTION
1. Economic Development Prospects on the west side
of Coppell.
Mayor Pro Tem Faught reconvened into Executive Session at 7:50 p.m.
as allowed under the above-stated article. Item B1 was discussed.
Mayor Pro Tem Faught adjourned the Executive Session at 8:20 p.m. and
opened the Work Session.
WORK SESSION (Open to the Public)
Convene Work Session
A. Discussion regarding a revised Fence Ordinance.
B. Review timetable and design elements for Town Center
Project and status on Senior Center.
C. Discussion of Agenda Items.
Item B was discussed at this time.
15. Necessary Action Resulting from Executive Session.
There was no action necessary under this item.
__________________________________
Billy Faught, Mayor Pro Tem
ATTEST:
__________________________________
Libby Ball, City Secretary
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Page 8 of 8
MINUTES OF JULY 27, 2006
The City Council of the City of Coppell met in Special Called Session on
Thursday, July 27, 2006, at 6:00 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Doug Stover, Mayor
Billy Faught, Mayor Pro Tem
Tim Brancheau, Councilmember
Marsha Tunnell, Councilmember
Marvin Franklin, Councilmember
Bill York, Councilmember
Councilmembers Peters and Hinojosa-Flores were absent from the meeting.
Also present were City Manager Jim Witt and Deputy City Manager Clay
Phillips.
EXECUTIVE SESSION (Closed to the Public)
1. Convene Executive Session
A. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. Economic Development Prospects on the west side
of Coppell.
Mayor Stover convened into Executive Session at 6:24 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 7:04 p.m. and opened the Work Session.
WORK SESSION (Open to the Public)
2. General Fund Review
A. Final Valuation.
B. General Budget Discussion.
cm072706
Page 1 of 2
ITEM # ITEM DESCRIPTION
3. Mayor and Council Goals
__________________________________
Douglas N. Stover, Mayor
ATTEST:
__________________________________
Libby Ball, City Secretary
ag072706
Page 2 of 2
DEPT: Finance
DATE: August 8, 2006
ITEM #: 8/B
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of the certification of the 2006 anticipated collection rate for the period of
July 1, 2006, through June 30, 2007, and the amount of excess debt collections during the period of July 1, 2005,
and June 30, 2006.
GOAL(S):
EXECUTIVE SUMMARY: Pursuant to Section 26.04 of the Texas Property Tax Code, the Tax
Assessor/Collector has certified the anticipated collection rate for the period of July 1, 2006, through June 30, 2007
to be 99%. The purpose of this law is to permit a taxing unit to adjust the debt portion of its effective rollback tax
rate to account for anticipated delinquencies.
The truth-in-taxation laws of Chapter 26 also require the Tax Assessor/Collector to compare the amount of debt tax
dollars actually collected during the period from July 1, 2005 through June 30, 2006, with the amount of debt tax
dollars that should have been collected according to the 2005 anticipated collection rate. If a taxing unit collects
more debt tax dollars than should have been collected, the collector certifies the excess amount to the governing
body. The adjusted amount of debt tax dollars levied in 2005 was $7,558,555.00, however, the actual debt
collections during the same period was $7,779,917.74. Therefore, the Tax Assessor/Collector has certified that the
$221,362.74 is the full, true and correct amount of excess debt collection
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: $TaxColl-1AR(Consent)
MEMORANDUM
Date: July 25, 2006
To: Jennifer Armstrong, Director of Finance
From: Stephanie Tumlison, Tax Assessor/Collector
Subject: Anticipated Collection Rate for 2006 & Excess Debt Collections in 2005
===========================================
Pursuant to Section 26.04 of the Texas Property Tax Code, I have certified the anticipated collection
rate for the period of July 1, 2006 through June 30, 2007 to be 99%. The purpose of this law is to
permit a taxing unit to adjust the debt portion of its effective/rollback tax rate to account for
anticipated delinquencies.
The truth-in-taxation laws of Chapter 26 also require the Tax Assessor/Collector to compare the
amount of debt tax dollars actually collected during the period from July 1, 2005 through June 30,
2006, with the amount of debt tax dollars that should have been collected according to the 2005
anticipated collection rate. If a taxing unit collects more debt tax dollars than should have been
collected, the collector certifies the excess amount to the governing body. The adjusted amount of
debt tax dollars levied in 2005 was $7,558,555.00, however, the actual debt collections during the
same period was $7,779,917.74. Therefore, I have certified that $221,362.74 is the full, true and
correct amount of excess debt collections.
The above stated anticipated collection rate and the amount of excess debt collections will be used in
the calculation of the effective/rollback tax rate for 2006. Attached is the certification of these two
items to be approved by the City Council.
Sheet1
INTEREST & SINKING COLLECTED
July 1, 2005 thru June 30, 2006
I. 7-1-05 thru 9-30-05
Current $41,243.78
Delinquent ($42.44)
P & I $6,751.59
Rollback ($331.67)
$47,621.26
II. 10-1-05 thru 06-30-06
Current $7,685,630.07
Delinquent ($27,049.23)
P&I $30,298.35
Rollback $43,417.29
$7,732,296.48
Total I&S Collections $7,779,917.74
2005 Adj. Debt Service
(per 05 ETR Calc. Worksheet line 35) $7,558,555.00
EXCESS DEBT COLLECTIONS $221,362.74
Page 1
DEPT: Park & Recreation
DATE: August 8,2006
ITEM #: 8/C
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of authorizing the City Manager to execute an Agreement with the Coppell Independent School
District for the exchange of land at the Town Center Complex and Town Center Elementary School and
authorizing the Mayor to execute the appropriate conveyance documents.
GOAL(S):
EXECUTIVE SUMMARY:
.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: ^Land Exchange
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AGREEMENT OF EXCHANGE OF PROPERTY
THIS AGREEMENT OF EXCHANGE OF PROPERTY ("Agreement") is made by and
between the City of Coppell, Texas ("City"), a Municipal Corporation under the laws of the State
of Texas, and Coppell Independent School District ("CISD"), a political subdivision under the
laws of the State of Texas.
I.
Property Exchange
1.01 City to CISD. City agrees to exchange and convey unto CISD, and CISD agrees
to exchange and accept from City all of that certain tract of real property located in Dallas
County, Texas, consisting of approximately four thousand five hundred eighty-four (4,584)
square feet and being more particularly described in Exhibit “A,” which is attached hereto and
incorporated herein for all purposes, for the consideration and subject to the terms, covenants,
conditions and provisions herein set forth.
1.02 CISD to City. CISD agrees to exchange and convey unto City, and City agrees
to exchange and accept from CISD all of that certain tract of real property located in Dallas
County, Texas, consisting of approximately four thousand five hundred eighty-four (4,584)
square feet and being more particularly described in Exhibit “B,” which is attached hereto and
incorporated herein for all purposes, for the consideration and subject to the terms, covenants,
conditions and provisions herein set forth.
II.
Consideration
2.01 Purchase Price. The purchase price and/or exchange to be paid for the sale,
exchange and conveyance shall be as follows:
(a) For the property described by metes and bounds in Exhibit "A," CISD
shall pay to the City the purchase/exchange price of ten dollars ($10.00); and as further
consideration, CISD shall convey unto City the property described in Exhibit “B”; and
(b) For the property described by metes and bounds in Exhibit "B," City shall
pay to CISD the purchase/exchange price of ten dollars ($10.00); and as further consideration,
City shall convey unto CISD the property described in Exhibit “A.”
III.
Inspection
3.01 Inspection Obligations.
(a) CISD and CISD's Contractors shall: (i) not disturb the tenants, if any, of
the Property; (ii) not damage any part of the Property; (iii) nor injure or otherwise cause bodily
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harm to City, its agents, contractors, employees or tenants; (iv) maintain general liability
(occurrence) insurance in terms and amounts satisfactory to City covering any accident arising in
connection with the presence of the CISD, its agents and representatives on the Property; (v)
promptly pay when due the costs of all tests, investigations, and examinations done with regard
to the Property; (vi) not permit any liens to attach to the Property by reason of the exercise of its
rights hereunder; and, (vii) restore the surface of the Property to the condition in which the same
was found before any permitted inspections or tests were undertaken. The obligations of CISD
created pursuant to this Agreement are called "CISD's Inspection Obligations." Notwithstanding
any provision of this Agreement to the contrary, no termination of this Agreement shall
terminate the CISD's Inspection Obligations, and the limitations of damages as set forth in this
Agreement shall not apply to any cause of action arising out of a breach of the CISD's Inspection
Obligations.
(b) City and City’s Contractors shall: (i) not disturb the tenants, if any, of the
Property; (ii) not damage any part of the Property; (iii) nor injure or otherwise cause bodily harm
to CISD, its agents, contractors, employees or tenants; (iv) maintain general liability
(occurrence) insurance in terms and amounts satisfactory to CISD covering any accident arising
in connection with the presence of the City, its agents and representatives on the Property; (v)
promptly pay when due the costs of all tests, investigations, and examinations done with regard
to the Property; (vi) not permit any liens to attach to the Property by reason of the exercise of its
rights hereunder; and, (vii) restore the surface of the Property to the condition in which the same
was found before any permitted inspections or tests were undertaken. The obligations of City
created pursuant to this Agreement are called "City’s Inspection Obligations." Notwithstanding
any provision of this Agreement to the contrary, no termination of this Agreement shall
terminate the City’s Inspection Obligations, and the limitations of damages as set forth in this
Agreement shall not apply to any cause of action arising out of a breach of the City’s Inspection
Obligations.
3.02 Property Conveyed "AS IS".
(a) CISD ACKNOWLEDGES AND AGREES THAT CITY IS NOT
MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR
REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESSED OR IMPLIED,
WITH RESPECT TO THE PROPERTY, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF TITLE (OTHER
THAN CITY'S WARRANTY OF TITLE SET FORTH IN THE SPECIAL WARRANTY
DEED TO BE DELIVERED AT CLOSING), ZONING, TAX CONSEQUENCES,
PHYSICAL OR ENVIRONMENTAL CONDITIONS, AVAILABILITY OF ACCESS,
INGRESS OR EGRESS, OPERATING HISTORY OR PROJECTIONS , VALUATION,
GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR ANY
OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY
INCLUDING, WITHOUT LIMITATION: (A) THE VALUE, CONDITION,
MERCHANTABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR
FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY; AND (B)
THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE
PROPERTY. CISD AGREES THAT WITH RESPECT TO THE PROPERTY, CISD
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HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR
INDIRECTLY, ANY STATEMENT, REPRESENTATION OR WARRANTY OF CITY
OR ANY AGENT OF CITY. CISD REPRESENTS THAT IT IS A KNOWLEDGEABLE
CISD OF REAL ESTATE AND THAT IT IS RELYING SOLELY ON ITS OWN
EXPERTISE AND THAT OF CISD'S CONTRACTORS, AND THAT CISD WILL
CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY,
INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL
CONDITIONS THEREOF, AND SHALL RELY UPON SAME, AND, UPON CLOSING,
SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING, BUT NOT
LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY
NOT HAVE BEEN REVEALED BY CISD'S INSPECTIONS AND INVESTIGATIONS.
CISD ACKNOWLEDGES AND AGREES THAT UPON CLOSING, CITY SHALL SELL
AND CONVEY TO CISD AND CISD SHALL ACCEPT THE PROPERTY AS IS,
WHERE IS, WITH ALL FAULTS, AND CISD FURTHER ACKNOWLEDGES AND
AGREES THAT THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR
REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY
CITY, ANY AGENT OF CITY OR ANY THIRD PARTY. THE TERMS AND
CONDITIONS OF THIS SECTION SHALL EXPRESSLY SURVIVE THE CLOSING
AND NOT MERGE THEREIN AND SHALL BE INCORPORATED INTO THE
SPECIAL WARRANTY DEED. CITY IS NOT LIABLE OR BOUND IN ANY MANNER
BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS, OR
INFORMATION PERTAINING TO THE PROPERTY FURNISHED BY ANY REAL
ESTATE BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON, UNLESS
THE SAME ARE SPECIFICALLY SET FORTH OR REFERRED TO HEREIN.
(b) CITY ACKNOWLEDGES AND AGREES THAT CISD IS NOT MAKING
AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF
ANY KIND OR CHARACTER, EXPRESSED OR IMPLIED, WITH RESPECT TO THE
PROPERTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR
REPRESENTATIONS AS TO MATTERS OF TITLE (OTHER THAN CISD’S
WARRANTY OF TITLE SET FORTH IN THE SPECIAL WARRANTY DEED TO BE
DELIVERED AT CLOSING), ZONING, TAX CONSEQUENCES, PHYSICAL OR
ENVIRONMENTAL CONDITIONS, AVAILABILITY OF ACCESS, INGRESS OR
EGRESS, OPERATING HISTORY OR PROJECTIONS , VALUATION,
GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR ANY
OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY
INCLUDING, WITHOUT LIMITATION: (A) THE VALUE, CONDITION,
MERCHANTABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR
FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY; AND (B)
THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE
PROPERTY. CITY AGREES THAT WITH RESPECT TO THE PROPERTY, CITY
HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR
INDIRECTLY, ANY STATEMENT, REPRESENTATION OR WARRANTY OF CISD
OR ANY AGENT OF CISD. CITY REPRESENTS THAT IT IS A KNOWLEDGEABLE
CITY OF REAL ESTATE AND THAT IT IS RELYING SOLELY ON ITS OWN
EXPERTISE AND THAT OF CITY’S CONTRACTORS, AND THAT CITY WILL
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CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY,
INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL
CONDITIONS THEREOF, AND SHALL RELY UPON SAME, AND, UPON CLOSING,
SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING, BUT NOT
LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY
NOT HAVE BEEN REVEALED BY CISD'S INSPECTIONS AND INVESTIGATIONS.
CITY ACKNOWLEDGES AND AGREES THAT UPON CLOSING, CISD SHALL SELL
AND CONVEY TO CITY AND CITY SHALL ACCEPT THE PROPERTY AS IS,
WHERE IS, WITH ALL FAULTS, AND CITY FURTHER ACKNOWLEDGES AND
AGREES THAT THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR
REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY
CISD, ANY AGENT OF CISD OR ANY THIRD PARTY. THE TERMS AND
CONDITIONS OF THIS SECTION SHALL EXPRESSLY SURVIVE THE CLOSING
AND NOT MERGE THEREIN AND SHALL BE INCORPORATED INTO THE
SPECIAL WARRANTY DEED. CISD IS NOT LIABLE OR BOUND IN ANY MANNER
BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS, OR
INFORMATION PERTAINING TO THE PROPERTY FURNISHED BY ANY REAL
ESTATE BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON, UNLESS
THE SAME ARE SPECIFICALLY SET FORTH OR REFERRED TO HEREIN.
3.03 Environmental Studies.
(a) As additional consideration for the transactions contemplated herein,
CISD agrees that it will provide to City immediately following the receipt of same by CISD
copies of any and all reports, tests or studies involving hazardous materials (hereafter defined)
on, under or at the Property which reports, tests or studies shall be addressed to both the City and
CISD at no cost to City; provided, however, CISD shall have no obligations to cause any such
tests or studies to be performed on the Property.
(b) As additional consideration for the transactions contemplated herein, City
agrees that it will provide to CISD immediately following the receipt of same by City copies of
any and all reports, tests or studies involving hazardous materials (hereafter defined) on, under or
at the Property which reports, tests or studies shall be addressed to both the CISD and City at no
cost to CISD; provided, however, City shall have no obligations to cause any such tests or
studies to be performed on the Property.
3.04 Termination. Both the City and CISD have the right to terminate the Agreement
before closing if it is determined by either the City, in the City’s sole judgment, or by CISD, in
CISD’s sole judgment, that the Property is not suitable for the intended purposes as a result of
inspection or as a result of reviewing the environmental studies provided under Section 3.03 of
this Agreement.
IV.
Survey
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4.01 CISD Survey. Within fifteen (15) days after the Effective Date, City shall deliver
to CISD the Existing Survey. City shall authorize the person or company (the "Surveyor(s)")
who prepared the Existing Survey to cooperate with CISD in making any changes or additions
(collectively, "Survey Modifications") to the Existing Survey which CISD reasonably requests;
provided, however, (a) City shall not have any obligations to cause any Survey Modifications to
be done, (b) CISD shall pay costs of the Survey Modifications, and (c) the Survey Modifications
shall not be conditions to CISD's obligations pursuant to this Agreement. Additionally, CISD
may engage another surveyor to prepare the CISD's Survey at CISD's expense. CISD must have
an accurate metes and bounds description for the Deed.
4.02 City Survey. Within fifteen (15) days after the Effective Date, CISD shall
deliver to City the Existing Survey. CISD shall authorize the person or company (the
"Surveyor(s)") who prepared the Existing Survey to cooperate with City in making any changes
or additions (collectively, "Survey Modifications") to the Existing Survey which City reasonably
requests; provided, however, (a) CISD shall not have any obligations to cause any Survey
Modifications to be done, (b) City shall pay costs of the Survey Modifications, and (c) the
Survey Modifications shall not be conditions to City’s obligations pursuant to this Agreement.
Additionally, City may engage another surveyor to prepare the City’s Survey at City's expense.
City must have an accurate metes and bounds description for the Deed.
V.
Deed
5.01 Quitclaim Deed.
(a) Within ten (10) days after CISD receives deed approval from the Texas
Education Agency, City shall deliver to CISD a Quitclaim Deed to the property described in
Exhibit “A.”
(b)
Within ten (10) days after CISD receives deed approval from the Texas Education Agency,
CISD shall deliver to City a Quitclaim Deed to the property described in Exhibit “B.”
5.02 Deed Restrictions. At Closing, CISD shall deliver to City a duly executed
Quitclaim Deed conveying the Property according to the legal description prepared by the
surveyor as shown on the Survey, subject to the restrictive covenants required by the court order
in the case styled United States of America v. State of Texas, Civil Action No.5281 (E.D. Tex,
August 9 and 15, 1973). In particular, the Quitclaim Deed shall contain the following restrictive
covenants:
"The further covenant, consideration and condition is that the following
restrictions shall in all things be observed, followed and complied with:
"(a) The above-described realty, or any part thereof, shall not be used in the
operation of, or in conjunction with, any school or other institution of learning,
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study or instruction which discriminates against any person because of his race,
color or national origin, regardless of whether such discrimination be effected by
design or otherwise.
(b) The above described realty, or any part thereof, shall not be used in the
operation of, or in conjunction with, any school or other institution of learning,
study or instruction which creates, maintains, reinforces, renews, or encourages,
or which tends to create, maintain, reinforce, renew or encourage, a dual school
system.
"These restrictions and conditions shall be binding upon grantees, lessee, etc.,
name of grantee, lessee, etc., his heirs, personal representatives and assigns or its
successors and assigns, as the case may be, for a period of fifty (50) years from
the date hereof; and in case of a violation of either or both of the above
restrictions, the estate herein granted shall, without entry or suit, immediately
revert to and vest in the grantor herein and its successors, this instrument shall be
null and void, and grantor and its successors shall be entitled to immediate
possession of such premises and the improvements thereon; and no act or
omission upon the part of grantor herein and its successors shall be a waiver of
the operation or enforcement of such condition.
"The restriction set out in (a) above shall be construed to be for the benefit of any
person prejudiced by its violation. The restriction specified in (b) above shall be
construed to be for the benefit of any public school district or any person
prejudiced by its violation."
VI.
Remedies
6.01 City's Remedies. In the event CISD fails to perform its obligations pursuant to
this Agreement for any reason except failure by City to perform hereunder, City shall be entitled
to terminate this Agreement. In the event of CISD's default under this Agreement, and
notwithstanding anything in this Section to the contrary, City shall have all remedies available at
law or in equity in the event that CISD or any party related to or affiliated with CISD asserts any
claims or right to the City’s Property that would otherwise delay or prevent City from having
clear, indefeasible and marketable title to its Property. Nothing in this Section shall limit City's
recovery arising out of a breach of CISD's Inspection Obligations, CISD's obligations pursuant to
Section 7.04 or any obligations of CISD arising subsequent to the Closing.
6.02 CISD's Remedies. In the event City fails to perform its obligations pursuant to
this Agreement for any reason except failure by CISD to perform hereunder, CISD shall be
entitled to terminate this Agreement. In the event of City’s default under this Agreement, and
notwithstanding anything in this Section to the contrary, CISD shall have all remedies available
at law or in equity in the event that City or any party related to or affiliated with City asserts any
claims or right to the CISD’s Property that would otherwise delay or prevent CISD from having
clear, indefeasible and marketable title to its Property. Nothing in this Section shall limit CISD’s
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recovery arising out of a breach of City’s Inspection Obligations, City’s obligations pursuant to
Section 7.04 or any obligations of City arising subsequent to the Closing.
6.03 Attorney's Fees. In the event any litigation arises out of this Agreement between
the parties hereto, the non-prevailing party shall pay the prevailing party all reasonable attorneys'
fees and expenses expended or incurred in connection with such litigation.
VII.
Miscellaneous
7.01 Entire Agreement. This Agreement contains the entire agreement of the parties
hereto. There are no other agreements, oral or written, and this Agreement can be amended only
by written agreement signed by the parties hereto, and by reference made a part hereof.
7.02 Binding Agreement; Assignment. This Agreement, and the terms, covenants,
and conditions herein contained shall inure to the benefit of and be binding upon the successors
and assigns of each of the parties hereto. CISD may not assign its rights under this Agreement
without City's prior written consent, which consent may be withheld in City's sole discretion.
7.03 Effective Date. The Effective Date of this Agreement shall be the date on which
this Agreement is fully executed by both City and CISD.
7.04 Notice. Any notice required or permitted to be delivered hereunder may be given
by personal delivery to the party entitled thereto, by facsimile transmission with electronic
confirmation, or by any courier service which guarantees overnight, receipted delivery,
addressed to City or CISD, as the case may be, at the address set forth below or at such other
address for a party as such party may specify in writing to the other party from time to time in
accordance with the further provisions of this Section. Any notice given to the proper address
will be deemed to have been received on the earlier of (i) actual receipt, or (ii) the first business
day following deposit with an overnight courier service which guarantees receipted delivery. For
the purposes of notice, the addresses of the parties shall, until changed as hereinafter provided,
be as follows:
City: City of Coppell
ATTN: Jim Witt, City Manager
255 Parkway Boulevard
P. O. Box 9478
Coppell, Texas 75019
with copy to: Robert E. Hager
Nichols, Jackson, Dillard,
Hager & Smith, LLP
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
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Facsimile: 214-965-0010
CISD: Coppell Independent School District
ATTN: Dr. Jeff Turner, Superintendent
Vonita White Administration Building
200 South Denton Tap Road
Coppell, Texas 75019
with copy to: The Law Offices of Robert E. Luna P.C.
Meridith L. Hayes
4411 North Central Expressway
Dallas, Texas 75205-4210
Facsimile: 214-521-1738
The parties hereto shall have the right from time to time to change their respective
addresses, and each shall have the right to specify as its address any other address within the
United States of America by at least five (5) days written notice to the other party.
7.05 Time. Time is of the essence in all things pertaining to the performance of this
Agreement.
7.06 Place of Performance. This Agreement is made and shall be performable in
Dallas County, Texas, and shall be construed in accordance with the laws of Texas.
7.07 Section Headings. The section headings contained in this Agreement are for
convenience only and shall in no way enlarge or limit the scope or meaning of the various and
several sections hereof.
7.08 Authority of City and CISD. City represents, warrants and covenants to and
with CISD that City has full right, power and authority to enter into this Agreement and, at
Closing, will have full right, power and authority to consummate the conveyance provided for
herein. CISD represents, warrants and covenants to and with City that CISD has full right,
power and authority to enter into this Agreement and, at Closing, will have full right, power and
authority to consummate the conveyance provided for herein.
7.09 Closing Costs. With regard to all costs not specifically allocated to a party in this
Contract, each party hereto shall pay its share of the Closing costs which are normally assessed
by the Title Company against Seller and Purchaser in a transaction of this character in the
County where the Property is located.
Page 9
67309
EXECUTED on this ____ day of __________________, 2006.
CITY:
CITY OF COPPELL, TEXAS
By:
Jim Witt, City Manager
EXECUTED on this ____ day of __________________, 2006.
CISD:
COPPELL INDEPENDENT SCHOOL DISTRICT
By:
Dr. Jeff Turner, Superintendent
761341
QUITCLAIM DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS §
That the City of Coppell, a Texas Municipal Corporation, (“Grantor”), for and in
consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid
by the Grantee named below, the receipt and sufficiency of which is acknowledged by Grantor,
has quitclaimed, and by these presents does quitclaim to the Coppell Independent School District
(“Grantee”), whose address is 200 South Denton Tap Road, Coppell, Texas 75019, all of
Grantor’s right, title, and interest in and to the property described in Exhibit A attached to and
made a part of this instrument (“Property”).
To have and to hold all of Grantor’s right, title, and interest in and to the property
together with all and singular the rights and appurtenances belonging in any way to Grantor’s
right, title, and interest in and to the property, to Grantee, its successors and assigns forever, and
neither Grantor nor Grantor’s successors or assigns shall have, claim, or demand any right, title,
or interest in all or any part of the property.
Executed this ______ day of ________________________, 2006.
CITY OF COPPELL, TEXAS
A Texas Municipal Corporation
By: _____________________________________
Jim Witt, City Manager
761342
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of ______________ 2006,
by Jim Witt, City Manager of the City of Coppell, a Texas Municipal Corporation, on behalf of said
Corporation and in the capacity therein stated.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
EXHIBIT "A"
761343
(Property Description to be inserted here)
76134
1
QUITCLAIM DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS §
That the Coppell Independent School District, (“Grantor”), for and in consideration of the
sum of Ten Dollars ($10.00) and other good and valuable consideration paid by the Grantee
named below, the receipt and sufficiency of which is acknowledged by Grantor, has quitclaimed,
and by these presents does quitclaim to the City of Coppell (“Grantee”), whose address is 255
Parkway Boulevard, P.O. Box 9478 Coppell, Texas 75019, all of Grantor’s right, title, and
interest in and to the property described in Exhibit A attached to and made a part of this
instrument (“Property”).
To have and to hold all of Grantor’s right, title, and interest in and to the property
together with all and singular the rights and appurtenances belonging in any way to Grantor’s
right, title, and interest in and to the property, to Grantee, its successors and assigns forever, and
neither Grantor nor Grantor’s successors or assigns shall have, claim, or demand any right, title,
or interest in all or any part of the property.
Executed this ______ day of ________________________, 2006.
COPPELL INDEPENDENT SCHOOL DISTRICT
By: _____________________________________
Dr. Jeff Turner, Superintendent
76134
2
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of ______________ 2006,
by Dr. Jeff Turner, Superintendent of the Coppell Independent School District, on behalf of said
independent school district and in the capacity therein stated.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
EXHIBIT “A”
76134
3
(Property Description to be inserted here)
DEPT: Planning
DATE: August 8, 2006
ITEM #: 8/D
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance for S-1121R-SF-9, St. Ann Catholic Parish, zoning change request from S-
1121-SF-9 (Special Use Permit-1121-Single Family-9) to S-1121R-SF-9 (Special Use Permit-1121 Revised –
Single Family 9), to amend the existing SUP site plan to allow the renovation and expansion of church uses into
the former Georgetown Shopping Center, including stucco exterior, adding a playground, additional parking and
landscaped areas on approximately 19.52 acres of property located at the northeast corner of Sandy Lake Road and
Samuel 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 June 15, 2006, the Planning Commission recommended approval of this zoning change (6-1).
On July 11, 2006, Council unanimously approved this zoning change (7-0).
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name:@?S-1121R, SA (ORD) 1-AR (Con)
1 68454
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-1121-SF-9 (SPECIAL USE PERMIT-1121-
SINGLE FAMILY-9) TO S-1121R-SF-9 (SPECIAL USE PERMIT-1121
REVISED – SINGLE FAMILY 9), TO AMEND THE EXISTING SUP SITE
PLAN TO ALLOW THE RENOVATION AND EXPANSION OF CHURCH
USES INTO THE FORMER GEORGETOWN SHOPPING CENTER,
INCLUDING STUCCO EXTERIOR, ADDING A PLAYGROUND,
ADDITIONAL PARKING AND LANDSCAPED AREAS ON
APPROXIMATELY 19.52 ACRES OF PROPERTY LOCATED AT THE
NORTHEAST CORNER OF SANDY LAKE ROAD AND SAMUEL
BOULEVARD, AND BEING MORE PARTICULARLY DESCRIBED IN
EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN;
PROVIDING FOR THE APPROVAL OF THE INDEX, ELEVATIONS, SITE
PLAN, FLOOR PLAN, LANDSCAPE PLAN AND PERSPECTIVES,
ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, ”E”, ”F” AND “G” ;
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-1121R-SF-9 should be approved, and
in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and
Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1.That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and
2 68454
the same is hereby amended by granting a change in zoning from S-1121-SF-9 (Special Use Permit-
1121-Single Family-9) to S-1121R-SF-9 (Special Use Permit-1121 Revised – Single Family 9), to
amend the existing Special Use Permit site plan to allow the renovation and expansion of church
uses into the former Georgetown Shopping Center, including resurfacing the exterior elevations
with stucco, adding a playground, providing additional parking and landscaped areas on
approximately 19.52 acres of property located at the northeast corner of Sandy Lake Road and
Samuel Boulevard, 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 allow the renovation and expansion of
church uses into the former Georgetown Shopping Center, including resurfacing the exterior
elevations with stucco, adding a playground, additional parking and landscaped areas, 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-150, which is incorporated herein as set forth in full and hereby
republished.
(B) The development shall be in accordance with the amended site plan, landscape plan and
elevations, which shall be attached to and made a part of this ordinance as provided in
Section 3.
(C) The interiors of the structures as depicted on the attached Exhibits to be remodeled for
church facilities (former shopping center) shall be equipped with an approved fire
sprinkler system.
3 68454
SECTION 3.That the Index, Elevations, Site Plan, Floor Plan, Landscape Plan and
Perspectives shall be attached hereto as Exhibits “B”, “C”, “D”, ”E”, ”F” and “G”; and made a part
hereof for all purposes, are hereby approved.
SECTION 4.That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5.That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not
in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to
be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
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 68454
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: Finance
DATE: August 8, 2006
ITEM #: 9
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a proposal to lower the tax rate to .64146 for the 2006 tax year and to set
the Public Hearings on the proposed tax rate for the next regularly scheduled Council Meeting on August 22, 2006
at 7:00 p.m., and at a special called Council Meeting on August 29, 2006 at 6:00 p.m.
GOAL(S):
EXECUTIVE SUMMARY: Pursuant to Section 26.06 of the Texas Property Tax Code, when a proposed tax rate
exceeds the notice-and-hearing tax rate limit as calculated in the effective/rollback tax rate worksheets, the taxing
unit's governing body must take a record vote on the desired rate. The governing body must also announce the date,
time and place of the two (2) public hearings to be held on the proposed tax rate.
According to the 2006 Effective & Rollback Tax Rate calculations, the City of Coppell has a notice-and-hearing tax
rate limit of $0.63543. Even though the City of Coppell is proposing to lower the tax rate to $0.64146, this rate does
exceed the notice-and-hearing limit established in the effective/rollback tax rate calculations. The “Notice of Public
Hearing" to be published in the newspaper will include how each member of the City Council voted on the proposed
tax rate of $0.64146. At these two (2) public hearings, taxpayers must have the opportunity to express their views on
the proposed tax rate. The governing body may not adopt the tax rate at these hearings; and, must announce the date
and time of the meeting at which it will vote on the tax rate. The meeting to adopt the 2006 tax rate must be at least
three (3) days but no more than fourteen (14) days after the second public hearing.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: $TaxRate-1AR
DEPT: Planning
DATE: August 8, 2006
ITEM #: 10
AGENDA REQUEST FORM
GOAL(S):
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. PD-208R-LI, Coppell Trade Center, zoning change request from PD-208-LI
(Planned Development-208-Light Industrial) to PD-208R-LI (Planned Development-208 Revised-Light Industrial)
to approve Detail Plans for three office/warehouse buildings (Buildings A and B each containing approximately
150,500-square-feet and Building D containing approximately 117,737-square-feet) on approximately 27.8 acres
of property located along the north side of Sandy Lake Road, between Northpoint Drive (extended) and the
extension of Freeport Parkway.
EXECUTIVE SUMMARY:
Date of P&Z Meeting: July 20, 2006
Decision of P&Z Commission: Approval (5-0) with Commissioners Hall, Foreman, Haas, Kittrell and
Reese voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) Comply with the attached Departmental Comment Sheet.
2) Tree Mitigation Fee in the amount of $120,000 was agreed to be paid in two phases of $60,000 each,
payable prior to the issuance of C.O. for each phase, or in full within five years. Phase one tree
mitigation was paid on 2/15/06.
3) Rectify inconsistencies between what is shown in the landscape tabulations and the plant list (quantities
and size).
4) Revise perimeter landscaping note to read that one tree is required per 40 linear feet along Sandy Lake.
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @1PD-208R-LI, CTC 1-AR
Item # 4 Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case No. PD-208R-LI, Coppell Trade Center
P&Z HEARING DATE: July 20, 2006
C.C. HEARING DATE: August 8, 2008
STAFF REP.: Matt Steer, City Planner
LOCATION: North side of Sandy Lake Road, between Northpoint Drive
(extended) and the extension of Freeport Parkway
SIZE OF AREA: 27.8 acres
CURRENT ZONING: PD-208-LI (Planned Development-208-Light Industrial)
REQUEST: Zoning change request to PD-208R-LI (Planned Development-208 Revised-Light
Industrial) to approve Detail Plans for three office/warehouse buildings
(Buildings A and B each containing approximately 150,500-square-feet and
Building D containing approximately 117,737-square-feet).
APPLICANT: Holt Lunsford Commercial Merriman Associates/Architects
Kenneth Newman Brian Degravelle
5055 Keller Springs Rd., Suite 300 300 N. Field St.
Addison, Texas, 75001 Dallas, Texas 75202
(972) 280-8355 (214) 987-1299
Fax: (972) 241-7955 Fax: (214) 987-2138
HISTORY: A Minor Plat and a Planned Development (PD-208-LI) were approved in
December 2004, for a 40-acre warehousing project that would eventually house
approximately 645,000-square-feet of total floor space in four buildings. Planned
at that time was a development to occur in three phases. Phase One, consisting of
a 195,845-square-foot building on 12.97 acres, was approved as a Detailed Plan.
Phases Two (Building D, 148,022-square-feet) and Three (Building A, 150,500-
Item # 4 Page 2 of 4
square-feet & Building B, 150,500-square-feet) were approved at a conceptual
stage and are being brought forward for Detail Plan approval at this time.
TRANSPORTATION: West Sandy Lake Road is currently under construction and
scheduled to be a C4D/6, four-lane, divided roadway in a 110-foot
right–of-way.
SURROUNDING LAND USE & ZONING:
North – vacant; “LI” Light Industrial
South – Amberpoint Office/Warehouse under construction; “PD-194-LI”
Planned Development-194-Light Industrial
East – vacant; “LI” Light Industrial
West – Office/Warehouse; “LI” Light Industrial
COMPREHENSIVE PLAN:The Comprehensive Plan of May 1996 shows the property as
suitable for light industrial and showroom uses.
DISCUSSION: This request is for approval of the Second and Third Phases within a 40-
acre office/warehousing project which will eventually house
approximately 614,500-square-feet of floor space in four buildings. The
First Phase (Building A) has recently been completed. The front portion
of Building A is currently vacant and the rear portion is occupied by Axis
Dental, a medical distribution company. As mentioned in the History
Section, Phase One was approved as a detailed plan, and Phases Two and
Three were approved as conceptual plans. This request is for detail plan
approval for the second and third phases.
The proposed Detail Plan is in general conformance with the previously
approved Conceptual Planned Development (PD). There are only two
minor changes between the Conceptual PD and this Detail Plan. First, the
phasing of the buildings is different. Previously, the two rear buildings
were to be constructed in the second phase. These have been shifted to the
third phase and Building D, the front building, is proposed for the second
phase. Second, Building D has decreased in size from 148,022-square-
feet to 117,737-square-feet. The reason for this change was to increase the
space allocated for loading/dock area to allow for easier truck
maneuverability behind the building.
Tree mitigation was resolved during the conceptual plan approval. Per
City Council Ordinance, adopted in January 2005, the tree mitigation fee
in the amount of $120,000 was to be paid in two phases of $60,000 each.
Phase One Tree Mitigation was paid February 2006 and Phase Two shall
be paid prior to Certificate of Occupancy of Building D, or in January
2010, whichever comes first.
Item # 4 Page 3 of 4
The Landscape Plan is in conformance with the Landscaping Section of
the Zoning Ordinance. The plan shows perimeter landscaping between
phase lines and appears to have been designed to allow for future
replatting, if needed.
Since the first submittal, the applicant has enhanced the proposed entry
features on the south side of Building D at staff’s request. Currently
proposed, the elevations are almost identical to those approved for the east
side of Building A (already constructed) in design, materials and colors,
although there is still slightly more glazing on Building A. Staff
recommends additional fenestration between the entries to further breakup
the expanse of the south elevation, as Sandy Lake is a primary image zone
and a major gateway into the city. This will be a condition of approval.
Also, the applicant is showing alternate elevations for building D. Staff
recommends that after the revisions are made to the previously discussed
elevations, these be removed from the proposal. The majority of the
remaining conditions are drafting issues, and staff is recommending
approval.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of this request subject to the following
conditions:
1) Include additional fenestration along the south elevation of Building D
and remove alternate elevations.
2) Comply with the attached Departmental Comment Sheet.
3) Tree Mitigation Fee in the amount of $120,000 was agreed to be paid
in two phases of $60,000 each, payable prior to the issuance of C.O.
for each phase, or in full within five years. Phase one tree mitigation
was paid on 2/15/06.
4) On the Site Plan, Reference detail of monument sign as “See
elevations Building D” in place of “RE: 11/A1.02”.
5) Revise the floor area ratio to reflect the floor area of the building per
same unit of site area.
6) Revise inconsistencies in eastern fire lane easement shown on the plat
and all other plans.
7) Rectify inconsistencies between what is shown in the landscape
tabulations and the plant list (quantities and size).
8) Revise perimeter landscaping note to read that one tree is required per
40 linear feet along Sandy Lake.
Item # 4 Page 4 of 4
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 Comment Sheet
2) Site Plan
3) Landscape Plan
4) Elevations
DEPT: Planning
DATE: August 8, 2006
ITEM #: 11
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of the Coppell Trade Center, Lot 1R, Block 1, Replat, to revise the location of fire lanes and
utilities to allow the construction of three office/warehouse buildings, on approximately 40.6 acres of property
located along the north side of Sandy Lake Road, between Northpoint Drive (extended) and the extension of
Freeport Parkway.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: July 20, 2006
Decision of P&Z Commission: Approval (5-0) with Commissioners Hall, Foreman, Haas, Kittrell and
Reese voting in favor. None oppose.
Approval is recommended, subject to the following conditions:
1) Contact Jeff Curry at 972-888-1330, to discuss easement requirements.
2) Additional comments may be generated upon detailed engineering review.
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @2CTC, LIR, Bl, Rep 1-AR
Item # 5 Page 1 of 2
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case: Coppell Trade Center, Lot 1R, Block 1, Replat
P&Z HEARING DATE: July 20, 2006
C.C. HEARING DATE: August 8, 2006
STAFF REP.: Matt Steer, City Planner
LOCATION: North side of Sandy Lake Road, between Northpoint Drive
(extended) and the extension of Freeport Parkway
SIZE OF AREA: 40.6 acres
CURRENT ZONING: PD-208-LI (Planned Development-208-Light Industrial)
REQUEST: To revise the location of fire lanes and utilities to allow the
construction of three office/warehouse buildings.
APPLICANT: Holt Lunsford Commercial Merriman Associates/Architects
Kenneth Newman Brian Degravelle
5055 Keller Springs Rd., Suite 300 300 N. Field St.
Addison, Texas, 75001 Dallas, Texas 75202
(972) 280-8355 (214) 987-1299
Fax: (972) 241-7955 Fax: (214) 987-2138
HISTORY: A Minor Plat and a Planned Development (PD-208-LI) were approved in
December 2004, for a 40-acre warehousing project that would eventually house
approximately 645,000-square-feet of total floor space in four buildings. Planned
at that time was a development to occur in three phases. Phase One, consisting of
a 195,845-square-foot building on 12.97 acres, was approved as a Detailed Plan.
Phases Two (Building D, 148,022-square-feet) and Three (Building A, 150,500-
square-feet & Building B, 150,500-square-feet) were approved at a conceptual
stage and are being brought forward for Detail Plan approval at this time.
Item # 5 Page 2 of 2
TRANSPORTATION: West Sandy Lake Road is currently under construction and
scheduled to be a C4D/6, four-lane, divided roadway in a 110-foot
right–of-way.
SURROUNDING LAND USE & ZONING:
North – vacant; “LI” Light Industrial
South – Amberpoint Office/Warehouse under construction; “PD-194-LI”
Planned Development-194-Light Industrial
East – vacant; “LI” Light Industrial
West – Office/Warehouse; “LI” Light Industrial
COMPREHENSIVE PLAN:The Comprehensive Plan of May 1996 shows the property as
suitable for light industrial and showroom uses.
DISCUSSION: This proposal is the companion piece to the warehousing site plan
discussed immediately prior to this case. There are not a lot of additional
comments to be made regarding this request. The only changes from the
previously recorded plat are the shifts in electric easements and the
dedication of small drainage easements.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request, subject to the following
conditions:
1) Contact Jeff Curry at 972-888-1330, to discuss easement requirements.
2) Replace “date of approval” with “date” in the Planning and Zoning
Commission Chairman signature block.
3) Replace the approval date with a blank in the City Secretary’s
signature block.
4) Additional comments may be generated upon detailed engineering
review.
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) Replat
DEPT: Planning
DATE: August 8, 2006
ITEM #: 12
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider Approval of Case No. PD-215-LI, Victron Energy, zoning change request from LI (Light Industrial) to
PD-215-LI (Planned Development-215-LI) to allow the development of a 4,248-square-foot convenience store,
1,414-square-foot restaurant and a 5,104-square-foot canopy over six gas pumps on 1.68 acres of property within
the City of Coppell and an additional 0.66 acres of lease area (DFW Airport Land outside of Coppell City Limits)
located south of LBJ (IH 635), east of Royal Lane.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: July 20, 2006
Decision of P&Z Commission: Approval (5-0) with Commissioners Hall, Foreman, Haas, Kittrell and
Reese voting in favor. None opposed.
Approval was recommended, subject to the following conditions:
1) Submit evidence of all required approvals from the DFW Airport Board as they relate to the “Lease
Area” prior to the issuance of any permits from the City of Coppell.
2) Provide a copy of all-necessary permits and documentation from TCEQ for the proposed on-site sewage
disposal system.
3) Provide a copy of all-necessary permits and documentation from TXDOT allowing for drainage and
utility construction in their right-of-way and under the existing overhead lines.
4) Recognition of the existing billboard as a legal, non-conforming use.
5) Submission of written confirmation from TXU that all uses as proposed on the site plan are permissible
within their easement.
6) Hours of operation shall not exceed 6:00 a.m. to 11:00 p.m., 7 days a week.
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @3PD-215-LI, VE 1-AR
Item # 9 Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case No.: PD-215-LI, Victron Energy
P&Z HEARING DATE: July 20, 2006
C.C. HEARING DATE: August 8, 2006
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: South of LBJ (IH 635), east of Royal Lane
SIZE OF AREA: 1.68 acres of property within the City of Coppell and an additional
0.66 acres of lease area (DFW Airport Land outside of Coppell city
limits)
CURRENT ZONING: Light Industrial
REQUEST: Zoning change request to PD-215-LI (Planned Development-215-
LI) to allow the development of a 4,248-square-foot convenience
store, 1,414-square-foot restaurant and a 5,104-square-foot canopy
over six gas pumps.
APPLICANT: Prospective Purchaser: Engineer:
Victron Stores, LP Michael Alturk, P.E.
901 Ferris Avenue MA Engineering & Construction
Waxahachie, TX 75165 1120 S. Freeway, Suite 118
972-938-3920 Fort Worth, Texas 76104
FAX: 972-937-0271 817-885-8600
FAX: 817-796-1042
HISTORY: There has been no rezoning or replatting activity on this tract. In February 2002,
City Council approved a request by the current property owner to abandon the
right-of-way for Cotton Road, which previously abutted this property to the south.
One-half of the right-of-way was acquired by the property owner to the north and
Item # 9 Page 2 of 4
the remaining one-half to the property owner to the south, DFW Airport. During
this abandonment process, all utility companies were contacted. All signed off
with no conditions except for TXU (which was Oncor at that time), who requested
an easement be retained due to the active facilities that were within this right-of-
way. This abandonment action increased the size of the subject tract by
approximately 0.3902 of an acre or 16,995 square feet.
TRANSPORTATION: Lyndon B. Johnson Freeway (IH-635) is a freeway with variable
width right-of-way. Royal Lane is designated as a 6-lane divided
thoroughfare with 110 ‘ R.O.W.
SURROUNDING LAND USE & ZONING:
North – Lyndon B. Johnson Freeway (IH 635, LBJ Freeway)
East – Lyndon B. Johnson Freeway (IH 635, LBJ Freeway)
South – Undeveloped; DFW Airport Property
West - Undeveloped; DFW Airport Property
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for Light
Industrial/Showroom uses.
DISCUSSION: This proposal is for a 4,248-square-foot convenience store, 1,414
Subway restaurant and a 5,104-square-foot canopy with six gas
pumps. This property is unique, in that it is the only property
located on the south side of LBJ Freeway within the city limits of
Coppell and not a part of the DFW Airport holdings. It appears this
property was originally carved-out to allow a billboard to be
erected on the site. The prospective purchaser desires to develop
the site, while retaining the billboard. A combination of its
location, shape and size present several development challenges
including the provision of utilities, circulation and access.
DFW Land:
To support all of the proposed uses, and meet circulation, queuing
and landscaping requirements, the applicant has been negotiating
with the DFW Airport Board to lease a portion of their land
(28,971 square feet) for parking and circulation. We also have been
in close contact with the DFW Airport real estate planning staff
throughout this process and have committed to condition Coppell’s
approval on Airport Board’s approvals. Staff understands the
proposed lease will have a 40-year life. Therefore, a condition has
been added to the PD that in the event DFW terminates the lease,
the uses will be terminated and these buildings will be demolished.
Utilities:
The provision of utilities has also been a challenge for this site.
Item # 9 Page 3 of 4
Water -A 12-inch water line will be extended from the north side
of IH-635 by boring under this freeway. The size of the line has
been increased to assure sufficient capacity for both domestic
needs and fire protection.
Preliminary Grading and Drainage Plan – The Plan currently
indicates the drainage from this site will be into the TXDot right-
of-way. The applicant will need to provide written confirmation
from TxDot for this to be allowed.
Sanitary Sewer – Addressing sanitary sewer is the largest utility
issue. The owner’s engineer analyzed several alternatives resulting
in the findings that the most viable and economically feasible
alternative is to provide for an on-site sewerage disposal system
(see attached e-mail from Michael Alturk). While this is not the
preferred option, it could be supported in this unique situation. It
also must be noted that this system is also regulated by TCEQ, and
a copy of the permit must be provided to the city. The City of
Coppell’s and DFW Airport’s Environmental Departments will
also be reviewing this proposed septic system.
Billboard:
There is currently a billboard on the site, which is a legal, non-
conforming use, whereas it was legal when constructed, but is
currently non-compliant with the sign ordinance of the City of
Coppell. Now that this site is being redeveloped, it is reasonable to
request this non-conforming issue be cured. Therefore, part of
staff’s recommendation will be the removal of the billboard.
Building Elevations:
The colors, signage, roof slopes, windows, architectural accents
and overall design of this development are not typical of those
found in similar buildings in Coppell. Even though physically
separated from most of Coppell, the building design should reflect
the standards adhered to by the rest of the development in the city.
Finally, discrepancies exist in the notes for the attached signage.
Dual notes exist indicating white channel letters as well as various
colors, and it appears that proposed colors for “Tiger Mart” do not
comply with the logo being no larger than 20% of the area of the
sign. It is assumed that the letters in the Subway are all white.
Although staff does have concerns relating to the proposed on-site
sewage disposal system, the need to coordinate and receive
approval from so many other agencies (DFW Airport Board,
TxDOT, TCEQ, TXU) and the architectural character of the
building, staff can conditionally support this request to bring this
difficult site into development.
Item # 9 Page 4 of 4
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of PD-215-Victron Engergy, subject to the
following conditions:
1) Submit evidence of all required approvals from the DFW
Airport Board as they relate to the “Lease Area” prior to the
issuance of any permits from the City of Coppell.
2) Provide a copy of all necessary permits and documentation
from TCEQ for the proposed on-site sewage disposal system.
3) Provide a copy of all necessary permits and documentation
from TXDOT allowing for drainage and utility construction in
their right-of-way and under the existing overhead lines.
4) Removal of the billboard prior to the issuance of a building
permit.
5) Submission of written confirmation from TXU that all uses as
proposed on the site plan are permissible within their easement.
6) Landscape Plan must signed by the Landscape Architect who
sealed the plan, and notes need to be corrected.
7) Revise the building design to reflect the retail standards in the
City of Coppell.
8) Resolve the discrepancies in the notes for the attached signage,
and assure compliance with the Sign Ordinance.
9) Corrected mitigation calculations and a tree removal permit
will be required prior to the removal of any trees.
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) E-mail from Michael Alturk concerning Sewer Service
2) Site Plan
3) Landscape Plan
4) Tree Survey
5) Elevations
DEPT: Planning
DATE: August 8, 2006
ITEM #: 13
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of Victron Stores Addition, Lot 1, Block A, Minor Plat, to allow the development of a 4,248-
square-foot convenience store, 1,414-square-foot restaurant and a 5,104-square-foot canopy with six gas pumps on
1.68 acres of property located south of LBJ (IH 635), east of Royal Lane.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: July 20, 2006
Decision of P&Z Commission: Approval (5-0) with Commissioners Hall, Foreman, Haas, Kettrell and
Reese voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) Submit evidence of all required approvals from the DFW Airport Board as they relate to the “Lease
Area” prior to the issuance of any permits from the City of Coppell.
2) Provide a copy of all-necessary permits and documentation from TCEQ for the proposed on-site sewage
disposal system.
3) Provide a copy of all-necessary permits and documentation from TXDOT allowing for drainage and
utility construction in their right-of-way and under the existing overhead lines.
4) Submission of written confirmation from TXU that all uses as proposed on the site plan are permissible
within their easement.
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @4VSA, L1, BA, MP 1-AR
Item # 10 Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case: Victron Store Addition, Lot 1, Block A, Minor Plat
P&Z HEARING DATE: July 20, 2006
C.C. HEARING DATE: August 8, 2006
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: South of LBJ (IH 635), east of Royal Lane
SIZE OF AREA: 1.68 acres of property
CURRENT ZONING: Light Industrial
REQUEST: To allow the development of a 4,248-square-foot convenience
store, 1,414-square-foot restaurant and a 5,104-square-foot canopy
with six gas pumps.
APPLICANT: Prospective Purchaser: Engineer:
Victron Stores, LP Michael Alturk, P.E.
901 Ferris Avenue MA Engineering & Construction
Waxahachie, TX 75165 1120 S. Freeway, Suite 118
972-938-3920 Fort Worth, Texas 76104
FAX: 972-937-0271 817-885-8600
FAX: 817-796-1042
HISTORY:There has been no rezoning or replatting activity on this tract. In February
2002, City Council approved a request by the current property owner to
abandon the right-of-way for Cotton Road, which previously abutted this
property to the south. One-half of the right-of-way was acquired by the
property owner to the north and the remaining one-half to the property
owner to the south, DFW Airport. During this abandonment process, all
utility companies were contacted. All signed off with no conditions
Item # 10 Page 2 of 3
except for TXU (which was Oncor at that time), who requested an
easement be retained due to the active facilities that were within this right-
of-way. This abandonment action increased the size of the subject tract by
approximately 0.3902 of an acre or 16,995 square feet.
TRANSPORTATION: Lyndon B. Johnson Freeway (IH-635) is a freeway with variable
width right-of-way. Royal Lane is designated as a 6-lane, divided
thoroughfare with 110‘ R.O.W.
SURROUNDING LAND USE & ZONING:
North – Lyndon B. Johnson Freeway (IH-635, LBJ Freeway)
East – Lyndon B. Johnson Freeway (IH-635, LBJ Freeway)
South – Undeveloped; DFW Airport Property
West - Undeveloped; DFW Airport Property
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for Light
Industrial/Showroom uses.
DISCUSSION: The purpose of this plat is to create a building site and provide
necessary easements to allow the proposed development of a
convenience food store, restaurant and gas pumps on this tract of
land. As discussed in detail in the PD zoning request for this site, a
portion of the land to be developed is actually part of the DFW
Airport’s landholdings, and as such, they have complete police
power in terms of approving development proposals, and no
zoning or platting is required. Even though this land is within the
corporate limits of both Coppell and Irving, municipalities do not
have approval authority over development on the airport
properties. Therefore, this plat does not include the “lease area” as
discussed in the rezoning request.
Also as discussed in detail in the rezoning request, there are a
significant number of interagency approvals required to allow this
development (DFW Airport Board, TxDOT, TCEQ, TXU). Those
conditions of approval have been reiterated as part of this plat
approval.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of Victron Stores Addition, Lot 1, Block A, Minor
Plat, subject to the following conditions:
1) Submit evidence of all required approvals from the DFW
Airport Board as they relate to the “Lease Area” prior to the
issuance of any permits from the City of Coppell.
2) Provide a copy of all necessary permits and documentation
from TCEQ for the proposed on-site sewage disposal system.
Item # 10 Page 3 of 3
3) Provide a copy of all necessary permits and documentation
from TXDOT allowing for drainage and utility construction in
their right-of-way and under the existing overhead lines.
4) Submission of written confirmation from TXU that all uses as
proposed on the site plan are permissible within their easement.
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) Minor Plat
DEPT: Planning
DATE: July 8, 2006
ITEM #: 14
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of the Freeport North, Lot 3CR, Quill Corporation, Site Plan Amendment, to allow the
construction of a 33,000-square-foot building addition to the rear of the existing 146,000-square-foot
office/warehouse building, providing for the extension of the fire lane and additional landscaping, on 9.5 acres of
property located at 440 S. Royal Lane.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: July 20, 2006
Decision of P&Z Commission: Approval (5-0) with Commissioners Hall, Foreman, Haas, Kittrell and
Reese voting in favor. None opposed.
Approval is recommended, with no conditions.
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @5FN, L3CR, QC, SPA 1-AR
Item # 6 Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case: Freeport North, Lot 3CR, Quill Corporation,
Site Plan Amendment
P&Z HEARING DATE: July 20, 2006
C.C. HEARING DATE: August 8, 2006
STAFF REP.: Matt Steer, City Planner
LOCATION: 440 S. Royal Lane
SIZE OF AREA: 9.5 acres
CURRENT ZONING: LI (Light Industrial)
REQUEST: To allow the construction of a 33,000-square-foot building
addition to the rear of the existing 146,000-square-foot
office/warehouse building, providing for the extension of the fire
lane and additional landscaping.
APPLICANT: Owner: Architect:
Coppell Mills Ltd. Partnership Mayse & Associates, Greg Daspit
John Whitney 14850 Quorum Dr., Suite 201
Dallas, Texas 75220 Dallas, Texas 75254
508-253-8437 972-386-0338
Fax: 508-253-8961 Fax: 972-386-0578
HISTORY: The final plat for Freeport North was approved by City Council on August 8,
1984. A reduction in required parking for this use from 188 to 96 was granted by
the Board of Adjustment on April 4, 1996. A replat of Lot 3C and a portion of 5R
(Quill Corporation) was approved on April 9, 1996.
Item # 6 Page 2 of 3
TRANSPORTATION: Royal Lane is designated as a C4D/6 four-lane, divided collector
built to standard in a 100’ right-of-way capable of accommodating a
six-lane, divided thoroughfare.
SURROUNDING LAND USE & ZONING:
North – ADP (Auto Data Processing) Office/Warehouse, “LI” Light Industrial
South – Lam Lee Group Office/Warehouse, “LI” Light Industrial
East – Wagon Wheel Park, “LI” Light Industrial
West – Duke Realty Corp. Office/Warehouse, “LI” Light Industrial
COMPREHENSIVE PLAN:The Comprehensive Plan of May 1996 shows the property as
suitable for light industrial/showroom uses.
DISCUSSION: This request is to allow for a 33,000-square-foot addition to the rear of the
existing 146,000-square-foot office/warehouse building. Two fire hydrants
and a fire lane extending east to encircle the building, are proposed to
fulfill the Fire Department requirements. As mentioned in the History
Section, the Board of Adjustment granted an exception to the required
number of parking spaces in April 1996, allowing for a total of 96 parking
spaces to accommodate the office/warehouse use. The current proposal is
solely to add warehouse space; therefore, only 33 additional parking
spaces are required (one parking space per 1,000-square-feet of building
area), bringing the total required to 129 spaces. The applicant is providing
a total of 150 spaces, utilizing the parking spaces that were striped after
the site was initially constructed.
Additional landscaping is being provided to bring the site up to today’s
standards. The Landscape Plan/Tree Survey shows 76 existing and 23
proposed trees.
Strict attention to the paint color of the proposed addition will be required,
as the existing paint color has faded with exposure to the elements and
might be difficult to match. The applicant has provided the specifications
for what was original to the building, but has noted that the existing,
somewhat faded, paint color will be matched.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request with no outstanding
conditions.
Item # 6 Page 3 of 3
ALTERNATIVES:
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Site Plan
2) Landscape Plan/Tree Survey
3) Elevations
DEPT: Planning
DATE: August 8, 2006
ITEM #: 15
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of the Freeport North, Lot 3CR, Quill Corporation, Replat, to extend the fire lane and establish
additional utility easements to allow the construction of a 33,000-square-foot building addition to the rear of the
existing 146,000-square-foot office/warehouse building, on 9.5 acres of property, located at 440 S. Royal Lane
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: July 20, 2006
Decision of P&Z Commission: Approval (5-0) with Commissioners Hall, Foreman, Haas, Kittrell and Reese
voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) Additional comments may be generated at the time of final engineering review.
2) A Construction Development Permit will be required.
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @6FN, L3CR, QC, REP 1-AR
Item # 7 Page 1 of 2
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case: Freeport North, Lot 3CR, Quill Corporation, Replat
P&Z HEARING DATE: July 20, 2006
C.C. HEARING DATE: August 8, 2006
STAFF REP.: Matt Steer, City Planner
LOCATION: 440 S. Royal Lane
SIZE OF AREA: 9.5 acres
CURRENT ZONING: LI (Light Industrial)
REQUEST: To extend the fire lane and establish additional utility easements to
allow the construction of a 33,000-square-foot building addition to
the rear of the existing 146,000-square-foot office/warehouse
building.
APPLICANT: Owner: Architect:
Coppell Mills Ltd. Partnership Mayse & Associates, Greg Daspit
John Whitney 14850 Quorum Dr., Suite 201
Dallas, Texas 75220 Dallas, Texas 75254
508-253-8437 972-386-0338
Fax: 508-253-8961 Fax: 972-386-0578
HISTORY: The final plat for Freeport North was approved by City Council on August 8,
1984. A reduction in required parking for this use from 188 to 96 was granted by
the Board of Adjustment on April 4, 1996. A replat of Lot 3C and a portion of 5R
(Quill Corporation) was approved on April 9, 1996.
Item # 7 Page 2 of 2
TRANSPORTATION: Royal Lane is designated as a C4D/6 four-lane, divided collector
built to standard in a 100’ right-of-way capable of accommodating a
six-lane, divided thoroughfare.
SURROUNDING LAND USE & ZONING:
North – ADP (Auto Data Processing) Office/Warehouse, “LI” Light Industrial
South – Lam Lee Group Office/Warehouse, “LI” Light Industrial
East – Wagon Wheel Park, “LI” Light Industrial
West – Duke Realty Corp. Office/Warehouse, “LI” Light Industrial
COMPREHENSIVE PLAN:The Comprehensive Plan of May 1996 shows the property as
suitable for light industrial/showroom uses.
DISCUSSION: This proposal is the companion piece to the Site Plan Amendment discussed
immediately prior to this case. The Replat is intended to extend the fire
lane/access easement, abandon a portion of the existing fire lane easement and
establish additional waterline easements to accommodate a 33,000-square-foot
warehousing addition to the existing Quill Facility.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request, subject to the following conditions:
1) Include a vicinity map on the first sheet.
2) Additional comments may be generated at the time of final
engineering review.
3) A Construction Development Permit will be required.
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) Replat
DEPT: Engineering
DATE: August 8, 2006
ITEM #: 16
AGENDA REQUEST FORM
ITEM CAPTION:
Consider authorization to close Bethel Road (between Loch Lane and Coppell Road North) for the construction
of a portion of the Bethel Road project.
GOAL(S):
EXECUTIVE SUMMARY:
The authorization to close Bethel Road will allow for the expeditious and safe construction of the culverts beneath
Bethel Road.
Staff will be available for any questions at the Council meeting.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: #Bethel Rd.
MEMORANDUM
TO:Mayor and City Council
FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works
DATE:August 8, 2006
REF:Consider authorization to close Bethel Road (between Loch Lane and Coppell Road
North) for the construction of a portion of the Bethel Road project.
On August 4, 2006, the city began advertising for bids for the reconstruction of Bethel Road
(from Freeport Pkwy. to the west city limits) in the City of Coppell and from the west city limits
to S.H. 121 in the City of Grapevine. As Council may recall, the City's of Coppell and
Grapevine are working together to jointly bid the Bethel Road project as one project so that one
contractor will be responsible for coordination of all events of the reconstruction.
A large part of the Bethel Road project is construction of drainage improvements. Recently, we
completed the box culvert improvements at the southeast corner of Royal Lane and Bethel Road,
so that the Hard 8 Restaurant could proceed with their construction. The continuation of those
drainage improvements will require the removal and replacement of the culvert beneath Bethel
Road, east of Loch lane.
Currently, there is one 5'x10' box culvert beneath Bethel Road, east of Loch Lane. That culvert
will be removed and replaced with four 5'x10' box culverts in a slightly different location to the
east. The box culverts beneath Bethel Road are being designed and constructed for future
conditions. There are approximately 468-acres that drain to the box culverts beneath Bethel
Road, east of Loch Lane. However, of that amount, approximately 240-acres are on DFW
Airport property, south of Bethel Rd., and west of Royal Lane. Those 240-acres are currently
undeveloped, so the flow into the box culverts for the foreseeable future will be less than what
will ultimately be there once the DFW property develops.
To construct the box culverts beneath Bethel Road, the road will need to be closed for a period of
time. The current asphalt roadway is approximately 22 feet wide and to have equipment
removing the existing box culvert and forming up and installing new box culverts would not
leave adequate room for traffic to cross in this area. Again, because of the width of the current
asphalt there is not even an opportunity to safely have one-way traffic through this area during
construction of the box culverts. The ability to close the roadway during the construction of the
culverts will also impact the way the contractors bid on this work. If they were required to keep
Bethel Road open during construction of the culverts, there would need to be extensive
temporary drainage work performed and then a temporary road built either north or south of the
current Bethel Road and then the new culverts built one-half at a time. The ability to close
Bethel Road will expedite the work, reduce the cost and create a safer work environment.
If Council approves the closure of Bethel Road for the construction of the box culverts, then
detour information will be provided so that westbound traffic will be routed south on Coppell
Road to Burns and then back north on Freeport Pkwy. to Bethel Road; and eastbound traffic will
be routed south on Freeport Pkwy. to Burns and then north on Coppell Road to Bethel Road.
Unfortunately, because of the width of Bethel Road, this is the first of several requests that will
be presented to Council for closures on Bethel Road for various components of the construction.
I anticipate that the next closure request will be for the bridge over Grapevine Creek immediately
west of Denton Tap Road, by the Summit at the Springs Subdivision. Following that, there will
more than likely be a request to close down Bethel Road, (between Coppell Rd. N and Coppell
Rd. S.) to construct that portion of Bethel Road with the adjacent parking. Closure of that
section of Bethel Road will be much more complicated as we will need to address not only
traffic, but also parking concerns in the area during construction.
However I am getting ahead of myself on the future construction of Bethel Road. At this time,
we do need the ability to close Bethel Road, between Loch Lane and Coppell Road North, to
allow for the expeditious and safe construction of the culverts beneath Bethel Road.
Staff recommends approval of this road closure and will be at the Council meeting to answer any
questions.
1 INCH = FT.
0 500
500
250
Proposed Bethel Road
Closure. City of Coppell
Project ST99-05
Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST99-05 ROAD CLOSURE
Created on: 01 August 2006 by Scott Latta
PROPOSED DETOUR
ROUTE
1 INCH = FT.
0 1500
1500
750
Drainage Area Extents
City of Coppell
Project ST99-05
Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST99-05 DRG AREA
Created on: 02 August 2006 by Scott Latta
APPROXIMATE
DRAINAGE AREA
DATE: August 8, 2006
ITEM #: 17
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
DATE: August 8, 2006
ITEM #: 18
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting.
B. Report by Mayor Stover regarding National Night Out.
C. Report by Councilmember Tunnell regarding New Teacher Breakfast.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
DATE: August 8, 2006
ITEM #: 19
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: August 8, 2006
Department Submissions:
Item No. 8/C was placed on the Agenda for the above-referenced City
Council meeting by the Parks Department. I have reviewed the Agenda
Request (and any backup if applicable) and hereby submit this item to the
City Council for consideration.
____________________
Parks Department
Item No. 16 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/D, 10, 11, 12, 13, 14 and 15 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)