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CP 2006-09-12 NOTICE OF CITY COUNCIL MEETING AND AGENDA SEPTEMBER 12, 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, September 12, 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. ag091206 Page 1 of 6 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. Texas Open Meetings Act. B. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Sale of land south of Bethel and west of Denton Tap. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Board & Commission Appointments. 1. Selection Process. 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. ag091206 Page 2 of 6 ITEM # ITEM DESCRIPTION CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: August 22, 2006 August 29, 2006. B. Consider approval of a Memorandum of Understanding for Bioterrorism or Health Emergency Assistance between Dallas County and the city of Coppell, and authorizing the Mayor and City Manager to sign. C. Consider approval of awarding Bid # Q-0706-03 for the purchase of water meters in the following manner: 100 Series 5/8" x 3/4" meters to Actaris US Liquid Management; 100 Series 1" and 1 1/2" meters to Master Meter, Inc; 100 Series 2" and 300 Series 3" and 4" to Amco Water Metering Systems; 300 Series 6", 8" and 10" to B20 and Associates; and all of the 400 Series to Badger Meter, Inc., in a combined estimated total of $90,300; as budgeted. D. Consider approval of an Ordinance for 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, being a part of a 40.6 acre tract of land, located along the north side of Sandy Lake Road, between Northpoint Drive (extended) and the extension of Freeport Parkway, and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. 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. END OF CONSENT ag091206 Page 3 of 6 ITEM # ITEM DESCRIPTION 9. Consider approval of an Ordinance approving and adopting the budget for the City of Coppell for the Fiscal Year of October 1, 2006 through September 30, 2007, and authorizing the Mayor to sign. 10. Consider approval of an Ordinance of the City of Coppell, Texas levying the ad valorem taxes for the year 2006 at .64146/$100 taxable valuation of which .48278 for operations and maintenance and .15868 for interest and sinking, an authorizing the Mayor to sign. 11. Consider appointments to the City’s Boards, Commissions and Committees. 12. PUBLIC HEARING: Consider approval of Case No. S-1235-TC, Healthy Me Marketplace, zoning change request from TC (Town Center) to S-1235-TC (Special Use Permit-1235-Town Center), to allow the operation of a 2,995-square-foot grocery, restaurant and cooking school, to be located in the Town Center Addition, Lot 2, Block 3, along the east side of Denton Tap Road; north of Town Center Blvd. 13. PUBLIC HEARING: Consider approval of Case No. PD-200R-SF-12, Petterson Addition, Lots 1-4, Block A, zoning change request from 2F-9 (Two Family-9) to PD-200-SF-12 (Planned Development Revised -200, Single Family-12) to allow the construction of four single-family homes on 2.27 acres of property located along the north side of Sandy Lake Road, approximately 120 feet west of Summer Place Drive, at the request of John Margetis, Endeavor Custom Homes. 14. PUBLIC HEARING: Consider approval of Petterson Addition, Lots 1-4, Block A, Replat, being a replat of Lots 1 and 2, to allow the construction of four single-family homes on 2.27 acres of property located along the north side of Sandy Lake Road, approximately 120 feet west of Summer Place Drive, at the request of John Margetis, Endeavor Custom Homes. 15. PUBLIC HEARING: Consider approval of the Case No. S-1236-A, MetroPCS, zoning change request from A (Agriculture) to S-1236-A (Special Use Permit-1236- Agriculture), to allow for a wireless communication antenna to be mounted to an existing electric transmission tower, with an accessory cabinet with enclosure at the base of the tower, located approximately ag091206 Page 4 of 6 ITEM # ITEM DESCRIPTION 1,700-feet southwest of the intersection of MacArthur Boulevard and the transmission line easement; north of Belt Line Road. 16. PUBLIC HEARING: Consider approval of Case No. S-1234-SF-12, ARK Church, zoning change request from SF-12 (Single Family-12) to S-1234-SF-12 (Special Use Permit- 1234-Single Family-12), to allow the construction of a 4,255-square-foot church on approximately 0.6 acres of property located at E. 517 Sandy Lake Road at the southwest corner of Holly Street. 17. PUBLIC HEARING: Consider approval of the Stringfellow Addition, Lot 1, Block B, Replat, to allow the construction of a 4,255-square-foot church on approximately 0.6 acres of property located at 517 E. Sandy Road at the southwest corner of Holly Street. 18. PUBLIC HEARING: Consider approval of Case No. PD-214-TH-1, TH-2, C and SF-9, The Ellington, zoning change request from C (Commercial), R (Retail) and SF-9 (Single Family–9) to PD-214-TH-1, TH-2, C and SF-9 (Planned Development- 214-Townhouse-1, Townhouse-2, Commercial and Single-Family), with a Concept Site Plan to allow the development of 125 townhouse units (67 TH-1 units on approximately 11.6 acres of Tract A.1 and 58 TH-2 units on approximately 7.5 acres of Tract A.2); Commercial uses on Tract A.3 (approximately 2 acres) along Sandy Lake Road; and on Tracts A.4 and A.5 (4.4 acres) along Denton Tap Road; SF-9 on 3.3 acres for park/open space, on Tract B for a total of approximately 29.05 acres of property located south of Sandy Lake Road, and west of Denton Tap Road. 19. Consider approval of Council Goals for 2006/2007. 20. Necessary action resulting from Work Session. 21. City Manager's Report. A. Legislative Update. 22. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding the S.H. 121 Dedication and Tolling Update. C. Report by Mayor Pro Tem Faught regarding meeting with Senator Harris. ag091206 Page 5 of 6 ITEM # ITEM DESCRIPTION 23. 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. 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). ag091206 Page 6 of 6 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: September 12, 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. Texas Open Meetings Act. B. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Sale of land south of Bethel and west of Denton Tap. Agenda Request Form - Revised 02/04 Document Name: %executivesession DATE: September 12, 2006 ITEM #:WS-3 AGENDA REQUEST FORM WORK SESSION A. Discussion regarding Board & Commission Appointments. 1. Selection Process. B. Discussion of Agenda Items. Agenda Request Form - Revised 02/04 Document Name: %worksession DATE: September 12, 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: September 12, 2006 ITEM #: 8/A  AGENDA REQUEST FORM ITEM CAPTION: Consider approval of minutes: August 22, 2006 August 29, 2006. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: %minutes MINUTES OF AUGUST 22, 2006 The City Council of the City of Coppell met in Regular Called Session on Tuesday, August 22, 2006, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor (late arrival) Billy Faught, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Marvin Franklin, Councilmember (late arrival) Bill York, Councilmember Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney David Dodd. 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. Provide Legal Advice concerning Regulations for Alcoholic Beverages. cm082206 Page 1 of 12 ITEM # ITEM DESCRIPTION B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. Economic Development Prospects on the west side of Coppell. Councilmember Franklin arrived prior to the opening of Executive Session. Mayor Pro Tem Faught convened into Executive Session at 5:40 p.m. as allowed under the above-stated article. Mayor Stover arrived during Executive Session. Mayor Stover adjourned the Executive Session at 6:35 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding the Fence Ordinance. B. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. Mayor Stover welcomed Boy Scout Troop 807 who were in attenance at the meeting. 5. Invocation. Councilmember Faught led those present in the Invocation. 6. Pledge of Allegiance. James Halpin with Boy Scout Troop 807 led those present in the Pledge of Allegiance. ag082206 Page 2 of 12 ITEM # ITEM DESCRIPTION 7. Report by Library Board. Tom Trahan, Chair of the Library Board, made a report to Council. 8. Citizens' Appearances. Brian Stark, 629 Glen Lakes Drive, had signed up to speak for Citizens’ Appearances but was not present when the item was called. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: August 8, 2006. B. Consider approval of a Resolution authorizing the City Manager to execute a Joint Election Agreement with Denton County for the November 7, 2006 Local Option Election; providing early voting dates and locations for citizens of Coppell residing in Denton County; providing for the appointment of an Early Voting Clerk for Denton County voters; providing for times and location for Election Day Voting; and authorizing the Mayor to sign. C. Consider approval of a Resolution authorizing the City Manager to Execute a lease or rental agreement for the rental of one or more Hart Intercivic “System 5” Voting System or other approved accessible voting system from the County of Denton or other qualified providers; and authorizing the Mayor to sign. D. Consider approval of the resignation of Melissa Hall from the Library Board. E. Consider approval of an ordinance to adopt the 2006 Standard Construction Details for regulating infrastructure construction within the City of Coppell; and authorizing the Mayor to sign. ag082206 Page 3 of 12 ITEM # ITEM DESCRIPTION F. Consider approval of the annual review of the written Investment Policy of the City of Coppell as provided by the Public Funds Investment Act, Chapter 2256, Texas Government Code. G. Consider approval of an Amendment to the Professional Services Agreement with Halff Associates, Inc., for Design, Construction Documentation and Construction Administration for the Town Center Plaza, in the amount of $95,304.00 as provided in C.I.P. funds, and authorizing the City Manager to sign. H. Consider approval of a contract with INX, Inc. for the purchase and installation of a new data communication router for the city network in the amount of $95,497.20, as budgeted, and authorizing the City Manager to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A with amendments, B carrying Resolution 2006-0822.1, C carrying Resolution No. 2006-0822.2, D, E carrying Ordinance No. 2006-1129, F, G and H. 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. 10. PUBLIC HEARING: To receive public comment concerning the Proposed 2006- 2007 Municipal Budget. Presentation: Jennifer Armstrong, Finance Director, made a presentation to the Council. City Manager Jim Witt made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. ag082206 Page 4 of 12 ITEM # ITEM DESCRIPTION Action: Councilmember Hinojosa-Flores moved to close the Public Hearing. 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. 11. PUBLIC HEARING: To receive public comment concerning the proposed 2006- 2007 tax rate of 0.64146. Presentation: Jennifer Armstrong, Finance Director, made a presentation to the Council. City Manager Jim Witt made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Mayor Pro Tem Faught moved to close the Public Hearing. Councilmember Brancheau 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 an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2005-1106, the budget for Fiscal Year October 1, 2005 through September 30, 2006 and authorizing the Mayor to sign. Presentation: Jennifer Armstrong, Finance Director, made a presentation to the Council. ag082206 Page 5 of 12 ITEM # ITEM DESCRIPTION Action: Councilmember York moved to approve Ordinance No. 2006-1130 approving an amendment to Ordinance No. 2005-1106, the budget for Fiscal Year October 1, 2005 through September 30, 2006 and authorizing the Mayor to sign. Councilmember 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. 13. Consider approval of an Ordinance authorizing the issuance of City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series 2006 in the amount of $3,785,000, making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. Presentation: Jennifer Armstrong, Finance Director, made a presentation to the Council. Boyd London with First Southwest Company made a presentation to the Council. Action: Councilmember Tunnell moved to approve Ordinance No. 2006-1131 authorizing the issuance of City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series 2006 in the amount of $3,720,000, making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. 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. 14. Consider approval of an Ordinance authorizing the issuance of City of Coppell, Texas, General Obligation Bonds, Series 2006, in the amount of $4,265,000 making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. ag082206 Page 6 of 12 ITEM # ITEM DESCRIPTION Presentation: Jennifer Armstrong, Finance Director, made a presentation to the Council. Action: Councilmember York moved to approve Ordinance No. 2006-1132 authorizing the issuance of City of Coppell, Texas, General Obligation Bonds, Series 2006, in the amount of $4,215,000 making provisions for the security thereof, and ordaining other matters relating to the subject 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. 15. Consider approval of a Professional Services Agreement with Proforma Architecture, Inc. for programming, design, construction documentation and contract administration services related to the Senior Recreation/Community Center, and a Restroom and Wall Repairs for Grapevine Springs Park, in the amount of $426,650.00, and authorizing the City Manager to sign. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to the Council. Action: Councilmember Franklin moved to approve a Professional Services Agreement with Proforma Architecture, Inc. for programming, design, construction documentation and contract administration services related to the Senior Recreation/Community Center, and a Restroom and Wall Repairs for Grapevine Springs Park, in the amount of $426,650.00, and authorizing the City Manager 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. ag082206 Page 7 of 12 ITEM # ITEM DESCRIPTION 16. Consider approval of an Ordinance of the city of Coppell, Texas, amending the Code of Ordinances by amending Article 9-2, Fence regulations, by repealing Sections 9-2-1 through 9- 2-8 in its entirety and by adding new Sections 9-2-1 through 9- 2-10 providing for fence regulations; providing a repealing clause; providing a severability clause; providing for a penalty of a fine not to exceed the sum of Five Hundred Dollars for each offense; and providing for an effective date, and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Stover convened into Executive Session at 8:13 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 8:17 p.m. and reconvened the Regular Session. REGULAR SESSION (Open to the Public) Action: Councilmember York moved to approve Ordinance No. 2006-1133 amending the Code of Ordinances by amending Article 9-2, Fence regulations, by repealing Sections 9-2-1 through 9-2-8 in its entirety and by adding new Sections 9-2-1 through 9-2-10 providing for fence regulations, subject to the removal of the paragraph regulating orientation in Section 9-2-7; providing a repealing clause; providing a severability clause; providing for a penalty of a fine not to exceed the sum of Five Hundred Dollars for each offense; and providing for an effective date, and authorizing the Mayor to sign. Mayor Pro Tem Faught seconded the motion; the motion carried 4-3 with Mayor Pro Tem Faught and Councilmembers Brancheau, Tunnell and York voting in favor of the motion and Peters, Hinojosa-Flores and Franklin voting against the motion. ag082206 Page 8 of 12 ITEM # ITEM DESCRIPTION 17. Consider approval of an ordinance of the City of Coppell, Texas, amending Chapter 9 of the Coppell City Code to add Article 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; and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Councilmember Hinojosa-Flores moved to approve Ordinance No. 2006- 1134 amending Chapter 9 of the Coppell City Code to add Article 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 unlawfully possess use or consume alcoholic beverages or controlled substances; and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 6-1 with Mayor Pro Tem Faught and Councilmembers Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion and Councilmember Brancheau voting against the motion. 18. Consider approval of a Resolution calling for a Special Election to consider a Charter Amendment to provide for the regulation of alcoholic beverages; the control of such use; and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Councilmember Peters moved to approve Resolution No. 2006-0822.3 calling for a Special Election to consider a Charter Amendment to provide for the regulation of alcoholic beverages; the control of such use, subject to replacing the word “liquor” with “alcoholic beverages” in the ballot language; and authorizing the Mayor to sign. Mayor Pro Tem Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught ag082206 Page 9 of 12 ITEM # ITEM DESCRIPTION and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 19. Necessary action resulting from Work Session. There was no action necessary under this item. 20. 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. 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 reported that school had started in all districts. The TEA has rated C-FBISD as a recognized district. Riverchase Elementary was a recognized campus that services our Coppell children. The Lewisville Elementary and High School serving Coppell children were acceptable but the middle school was recognized. C-FBISD has a $100,000,000 construction in progress. ag082206 Page 10 of 12 ITEM # ITEM DESCRIPTION B. Mayor Pro Tem Faught advised that the Coppell enrollment for elementary school students was 4,482, middle school students 2,348, high school 2,893. C. Councilmember Brancheau announced that the seniors will have their monthly luncheon tomorrow. D. Councilmember Peters reported that the Dallas Regional Mobility Coalition Transportation held their annual summit in Irving on August 8–11. She thanked Mr. Witt and Councilmember Brancheau for joining her at the conference. On August 10th the North Texas Transportation Authority and the North Texas Tollway Authority agreed on a specific protocol by which the region will have toll projects delivered. Councilmember Peters also advised that the NTTA will be the toll operator in our region for the next 5 years. The region got a real boost from Governor Perry as he sent a letter to the Texas Transportation Council recommending to adopt the TTC35 alignment. E. Councilmember Franklin complimented the Economic Development Committee for a great job for the work they have been doing. He advised the Hard Eight was coming along and several projects in old Coppell were in the works. F. Councilmember Tunnell reported that Metrocrest Hospital Authority would meet on Friday, August 25 to announce the operator for the hospital property and medical offices that they own. She also advised that she had been voted as a full board member. G. Councilmember Hinojosa-Flores reminded everyone about the Metrocrest annual Gayla which is scheduled for September 23rd at the Bent Tree Country Club. 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 advised that the North Texas Commission will have its annual luncheon on Friday, September 15th, at The Hilton Anatol. ag082206 Page 11 of 12 ITEM # ITEM DESCRIPTION M. Mayor Pro Tem Faught reported that Senior Adult Services has a new senior adult website, www.senioradultservices.org, which was put together by a 2002 Coppell graduate. He also advised that Tee Up For Seniors would be held on Monday, October 16th at 1:00 p.m. at the Indian Creek Gulf course. 21. Necessary action resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary ag082206 Page 12 of 12 MINUTES OF AUGUST 29, 2006 The City Council of the City of Coppell met in Special Called Session on Tuesday, August 29, 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 Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Councilmembers Franklin and York were absent from the meeting. Also present were City Manager Jim Witt and City Secretary Libby Ball. 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Special Session. SPECIAL SESSION (Open to the Public) 2. PUBLIC HEARING: To receive public comment concerning the proposed 2006- 2007 tax rate of 0.64146. Presentation: City Manager Jim Witt made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Tunnell moved to close the Public Hearing. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores and Tunnell voting in favor of the motion. cm082906 Page 1 of 2 ITEM # ITEM DESCRIPTION 3. Consider appointments to the Texas Municipal League Intergovernmental Risk Pool Board of Trustees, and authorizing the City Manager to sign. Presentation: City Manager Jim Witt made a presentation to Council and recommended appointments. Action: Councilmember Peters moved to appoint Michael Wolfe to Place 11, Frank Estrada to Place 12, Byron Black to Place 13 and Peter Vargas to Place 14 of the Texas Municipal League Intergovernmental Risk Pool Board of Trustees. Mayor Pro Tem Faught seconded the motion; the motion carried 5-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores and Tunnell voting in favor of the motion. WORK SESSION (Open to the Public) 4. Convene Work Session A. Discussion regarding Council Goals for 2006/2007. Mayor Stover left the meeting during Work Session. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary ag082906 Page 2 of 2 DEPT: City Manager DATE: September 12, 2006 ITEM #: 8/B   AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Memorandum of Understanding for Bioterrorism or Health Emergency Assistance between Dallas County and the city of Coppell, and authorizing the Mayor and City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: !County Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 1 MEMORANDUM OF UNDERSTANDING FOR BIOTERRORISM OR HEALTH EMERGENCY ASSISTANCE BETWEEN DALLAS COUNTY, TEXAS AND THE CITIES (TOWNS) OF ADDISON, BALCH SPRINGS, CARROLLTON, CEDAR HILL, COCKRELL-HILL, COPPELL, DALLAS, DESOTO, DUNCANVILLE, FARMERS BRANCH, GARLAND, GLENN HEIGHTS, GRAND PRAIRIE, HIGHLAND PARK, HUTCHINS, IRVING, LANCASTER, MESQUITE, RICHARDSON, ROWLETT, SACHSE, SEAGOVILLE, SUNNYVALE, UNIVERSITY PARK, and WILMER THIS AGREEMENT (the “Agreement”), is made and entered into by and between the following Parties: County of Dallas, Texas (hereinafter referred to as “COUNTY”), located at the Administration Building – 2nd Floor, 411 Elm Street, Dallas, TX 75202, is a corporate and political body recognized as legal subdivision of the State of Texas pursuant to Article XI, Section 1 of the Texas Constitution; and Town of Addison, Texas (hereinafter referred to individually as “ ADDISON”), located at Town Hall, 5300 Beltline Rd., Dallas, TX 75254, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and City of Balch Springs, Texas (hereinafter referred to individually as “BALCH”), located at City Hall, 3117 Hickory Tree Road, Balch Springs, TX 75180, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and City of Carrollton, Texas (hereinafter referred to individually as “CARROLLTON”), located at City Hall, 1945 East Jackson Road, Carrollton, TX 75006, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and City of Cedar Hill, Texas (hereinafter referred to individually as “CEDAR HILL”), located at City Hall, 502 Cedar Street, Cedar Hill, TX 75104, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and City of Cockrell Hill, Texas (hereinafter referred to individually as “COCKRELL HILL”), located at City Hall, 4125 West Clarendon, Cockrell Hill, TX 75211, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and City of Coppell, Texas (hereinafter referred to individually as “COPPELL”), located at Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 2 255 Parkway Blvd, Coppell, TX 75019, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and City of Dallas, Texas (hereinafter referred to individually as “DALLAS”), located at City Hall, 1500 Marilla Street, Dallas, TX 75201, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and City of DeSoto, Texas (hereinafter referred to individually as “DESOTO”), located at City Hall, 211 East Pleasant Run Road, DeSoto, TX 75115, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and City of Duncanville, Texas (hereinafter referred to individually as “DUNCANVILLE”), located at City Hall, 203 East Wheatland Road, Duncanville, TX 75138, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and City of Farmers Branch, Texas (hereinafter referred to individually as “FARMERS BRANCH”), located at City Hall, 13000 William Dodson Parkway, Farmers Branch, TX 75234, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and City of Garland, Texas (hereinafter referred to individually as “GARLAND”), located at City Hall, 200 North 5th Street, Garland, TX 75040, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and City of Glenn Heights, Texas (hereinafter referred to individually as “GLENN HEIGHTS ”), located at City Hall, 1938 South Hampton Road, Glenn Heights, TX 75154, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and City of Grand Prairie, Texas (hereinafter referred to individually as “GRAND PRAIRIE”), located at City Hall, 317 College, Grand Prairie, TX 75050, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and Town of Highland Park, Texas (hereinafter referred to individually as “HIGHLAND PARK”), located at Town Hall, 4700 Drexel Drive, Highland Park, TX 75205, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and City of Hutchins, Texas (hereinafter referred to individually as “HUTCHINS”), located at City Hall, 321 N. Main, Hutchins, TX 75141, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and City of Irving, Texas (hereinafter referred to individually as “IRVING”), located at City Hall, 825 West Irving Boulevard, Irving, TX 75060, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and City of Lancaster, Texas (hereinafter referred to individually as “LANCASTER”), located at City Hall, 211 N. Henry St., Lancaster, TX 75146, is a home rule municipality Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 3 pursuant to Section 5, Article 11 of the Texas Constitution; and City of Mesquite, Texas (hereinafter referred to individually as “MESQUITE”), located at City Hall, 1515 N. Galloway Avenue, Mesquite, TX 75149, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and City of Richardson, Texas (hereinafter referred to individually as “RICHARDSON”), located at City Hall, 411 West Arapaho Road, Richardson, TX 75080, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and City of Rowlett, Texas (hereinafter referred to individually as “ROWLETT”), located at City Hall, 4000 Main Street, Rowlett, TX 75088, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and City of Sachse, Texas (hereinafter referred to individually as “SACHSE”), located at City Hall, 5109 Peach Tree, Sachse, TX 75048, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and City of Seagoville, Texas (hereinafter referred to individually as “SEAGOVILLE”), located at City Hall, 702 N. Highway 175, Seagoville, TX 75159, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and Town of Sunnyvale, Texas (hereinafter referred to individually as “SUNNYVALE”), located at City Hall, 127 Collins Road, Sunnyvale, TX 75182, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and City of University Park, Texas (hereinafter referred to individually as “UNIVERSITY PARK”), located at City Hall, 3800 University Boulevard, University Park, TX 75205, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and City of Wilmer, Texas (hereinafter referred to individually as “WILMER”), located at City Hall, 128 North Dallas Avenue, Wilmer, TX 75172, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and The aforementioned cities shall be referred to collectively in this Agreement as the CITIES. I. PURPOSE WHEREAS, the COUNTY, and the CITIES agree that the outbreak of disease from natural or man-made sources, or as the result of an act or acts of bioterrorism can pose facility and manpower problems beyond the capacity of most individual cities; and WHEREAS, in order to protect the health and safety of the public throughout Dallas County, subject to the limitations of Article III of this Agreement, the CITIES desire to designate COUNTY’s Health Authority as the Local Health Authority of each CITY in the event of a local Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 4 health emergency or act of bioterrorism; and WHEREAS, a formal agreement between local governmental entities would allow for better coordination of this effort, provide that adequate facility space and manpower is available, and help ensure that this effort is accomplished as quickly as possible if the need arises; and WHEREAS, the governing officials of the entities who have executed this Agreement of identical counterparts, collectively desire to secure for each such entity the benefits of mutual aid and protection of life and health in the event of a such an outbreak of disease; it is agreed as follows: II. DEFINITIONS A. Political Subdivision: Any corporate and political entity organized under state law, as defined in Chapter 791, Texas Government Code (“Chapter 791”) B. Local Health Authority: (“LHA”), means the physician employed by the Dallas County Health and Human Services Department that has been appointed as Health Authority for Dallas County pursuant to Chapter 121 of the Texas Health & Safety Code (“Chapter 121”). C. Local Health Authority’s Jurisdiction: Includes the unincorporated area of Dallas County and the territory within the boundaries of each political subdivision within Dallas County that executes the Certificate of Appointment made part of this Agreement. D. Control Measures: Pursuant to Chapter 81 of the Texas Health & Safety Code, known as the Texas Communicable Disease Prevention and Control Act (“Chapter 81”), a communicable disease control measure may be imposed by the Local Health Authority in the Local Health Authority’s jurisdiction. 1. Pursuant to Chapter 81, control measures may be imposed on an individual, animal, place or object as appropriate. 2. Pursuant to Chapter 81, control measures may include: immunization, detention, restriction, disinfection, decontamination, isolation, quarantine, disinfestation, chemoprophylaxis, preventive therapy, prevention and education. E. Local Health Emergency: the outbreak of disease from natural or man-made sources, and/or Pursuant to Chapter 508 of the Texas Health & Safety Code (“Chapter 508”), any circumstance in which an environmental or toxic agent is introduced into the environment, including an act of terrorism, requiring the application of control measures under the provisions of Chapter 81. F. Environmental or Toxic Agent: Pursuant to Chapter 508, any bacterium or other disease- producing organism, toxic substance, radioactive substance, or other hazardous substance capable of causing widespread human illness, death, or substantial negative economic impact. Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 5 G. Area Quarantine: Pursuant to Chapter 508, an area quarantine imposed by the LHA in response to the introduction of an environmental or toxic agent, will expire the earlier of: i) the 24th hour after the time the area quarantine is imposed; or ii) the time that appropriate action to terminate the quarantine or impose superseding requirements is taken under Chapter 418 of the Texas Government Code, or is taken by the Texas Commissioner of Health. III. DESIGNATION OF HEALTH AUTHORITY A. The CITIES agree to designate the COUNTY’s Health Authority to serve as their Local Health Authority (“LHA”) for purposes of a local health emergency or incident of bioterrorism pursuant to Section 121.028 of the Health & Safety Code and Chapter 791. The terms and conditions under which the LHA’s powers are invoked are more fully described in Section IV herein. A copy of the Certificate of Appointment for each CITY is attached hereto as Exhibit “A”. B. The City of Garland will not designate the COUNTY’s Health Authority to serve as their Local Health Authority under Section III (A). However, in all other respects, the City of Garland agrees to and will act in accordance with this Agreement during conditions under which the powers of the LHA that has been designated by this Agreement are invoked. Further, the City of Garland agrees that its Health Authority will cooperate with and maintain communication with the LHA designated by this Agreement during conditions under which the powers of the LHA are invoked. A copy of the signature page for the City of Garland is attached hereto as Exhibit “B”. C. The City of Irving will not designate the COUNTY’s Health Authority to serve as their Local Health Authority under Section III (A). However, in all other respects, the City of Irving agrees to and will act in accordance with this Agreement during conditions under which the powers of the LHA that has been designated by this Agreement are invoked. Futher, the City of Irving agrees that its Health Authority will cooperate with and maintain Communication with the LHA designated by this Agreement during conditions under which the powers of the LHA are invoked. A copy of the signature page for the City of Irving is attached hereto as Exhibit “C”. D. The City of Richardson will not designate the COUNTY’s Health Authority to serve as their Local Health Authority under Section III (A). However, in all other respects, the City of Richardson agrees to and will act in accordance with this Agreement during conditions under which the powers of the LHA that has been designated by this Agreement are invoked. Further, the City of Richardson agrees that its Health Authority will cooperate with and maintain Communication with the LHA designated by this Agreement during conditions under which the powers of the LHA are invoked. A copy of the signature page for the City of Richardson is attached hereto as Exhibit “D”. Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 6 IV. DUTIES A. Upon request of the LHA, each entity which is a party hereto shall furnish mutual aid in coping with a local health emergency, and the forces necessary to provide such mutual aid to requesting entity or entities, during a state of local health emergency as declared by the LHA, subject to the conditions hereinafter stated. B. The provisions of this Agreement are activated whenever the LHA declares a local health emergency. The governing body of the COUNTY and each CITY, by signing this Agreement, authorizes the provision of assistance upon a declaration of a local health emergency. C. Any furnishing of facilities, and forces pursuant to this Agreement are subject to the following conditions: 1. Any request for aid hereunder shall specify the location(s) and include a stated number of personnel requested at said locations(s), and shall state the time period for which such facilities and personnel are requested. The CITY furnishing aid hereunder shall in its sole discretion, determine what equipment and personnel are available to furnish the requested aid. 2. The responding CITY shall designate one individual at each facility to serve as a single point of contact to the LHA and/or the LHA’s agent designated to operate that facility. 3. A responding CITY shall be released by the LHA when the services of the responding CITY are no longer required or when the individual in charge of the responding CITY=s forces determines, in his or her sole discretion, that further assistance should not be provided. D. Each entity which is a party hereto shall prepare and keep current an emergency management plan for its jurisdiction providing for disaster preparedness, response, recovery, and rehabilitation. The plan shall provide for curfews, blockades, and crowd control in an area affected by a “disaster” as defined by Chapter 418 of the Texas Government Code (the Texas Disaster Act). The plan shall provide rules governing entrance to and exit from the affected area, and other security measures deemed necessary. E. The LHA, will act as the coordinating agency for mutual aid responses under this Agreement. However, in the event of a wide spread local health emergency affecting more than one entity which is a party hereto, the City of Dallas has agreed to assist the LHA by allowing its Emergency Operations Center (“EOC”) to be used as the central command and contact center. The EOC agrees to provide all necessary communications requested by the LHA. Such communications shall include the call-up and assignment of personnel and equipment to the areas affected by the emergency. The EOC agrees that it shall maintain a current listing of all parties to this Agreement. Such listing shall include personnel to be contacted in each member CITY, appropriate telephone and facsimile numbers, and other information which would be Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 7 needed in order to contact each member in the case of a response. V. WAIVER Each party to this Agreement waives all claims against the other entities which are parties hereto, and further waives compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer or employee of another entity. Provided, however, that this waiver shall not apply in those cases in which the claim is specifically covered by the civil liability provisions of Section 791.006 of the Texas Government Code and any subsequent amendments. VI. REIMBURSEMENT OF EXPENSES A. Personnel who are assigned, designated or ordered by the governing body of a participating CITY or by the COUNTY to perform duties pursuant to this Agreement shall receive the same wages, salary, pension, and other compensation and rights for the performance of such duties, including injury or death benefits and workers’ compensation benefits, as though the service had been rendered within the limits of the entity where he or she is regularly employed. All wage and disability payments (except for any payments arising from Section 791.006 of the Government Code), pension payments, damage to equipment and clothing, medical expenses, and expenses of travel, food and lodging shall be paid by the entity in which the employee in question is regularly employed. B. Federal funds awarded within Dallas County related to a health emergency covered by this Agreement will be distributed as directed and/or required by the Federal Emergency Management Agency or other appropriate Federal agency and/or the State of Texas. VII. EQUIPMENT All equipment used by a responding CITY in carrying out this Agreement will be, during the time response services are being performed, owned, leased, or rented by it; and all personnel acting for the responding CITY under this Agreement will, during the time response services are required, be paid by the responding CITY. At all times while equipment and personnel of any responding CITY are traveling to, from, or within the geographical limits of another member CITY or within the unincorporated area of Dallas County in accordance with the terms of this Agreement, such personnel and equipment shall be deemed to be employed or used, as the case may be, in the full line and cause of duty of the responding CITY. Further, such personnel shall be deemed to be engaged in a governmental function of their CITY. VIII. SOVEREIGN IMMUNITY The parties to this Agreement agree that each shall be responsible for their own negligent acts or omissions or other tortious conduct in the course of the performance of this Agreement, without Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 8 waiving any sovereign or governmental immunity available to any party under Texas law and without waiving any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. IX. LIABILITY In the event that an individual performing duties subject to this Agreement shall be cited as a defendant party to any state or federal civil lawsuits arising out of his or her official acts while performing duties pursuant to the terms of this Agreement, such individual shall be entitled to the same benefits that he or she would be entitled to receive had such civil action arisen out of an official act within the scope of his or her duties for the entity where regularly employed or volunteering and occurred within the jurisdiction of this entity where regularly employed or volunteering. The benefits described in this paragraph shall be supplied by the entity where the individual is regularly employed or volunteering. However, in situations where another political subdivision which is party to this Agreement may be liable, in whole or in part for the payment of damages, then that other political subdivision may intervene in such cause of action to protect its interests. X. LIMITATION ON LIABILITY OF PRIVATE PERSONS Pursuant to Section 81.007 of the Texas Health & Safety Code and any subsequent amendments, a private individual performing duties in compliance with orders or instructions of the LHA issued pursuant to a quarantine, is not liable for the death of or injury to a person or for damage to property except in a case of willful misconduct or gross negligence. XI. CRIMINAL PENALTY Pursuant to Chapter 81 and Chapter 508 of the Texas Health & Safety Code, a person commits an offense if the person knowingly fails or refuses to obey an order or instruction of the Texas Commissioner of Health or the LHA issued and published during an area quarantine. Such offense is a felony of the third degree. XII. ENTIRE AGREEMENT This Agreement contains all commitments and agreements of the parties hereto as to mutual aid to be rendered during or in connection with the declaration of a local health emergency. No other oral or written commitments of the parties shall have any force or effect if not contained herein. Notwithstanding the preceding sentence, it is understood and agreed that certain signatory entities may have heretofore contracted or may hereafter contract with each other for mutual aid in disaster situations, and it is hereby agreed that this Agreement shall not invalidate any such individual contract. XIII. STATUTORY AUTHORITY The parties agree that this Agreement is entered into by and between the entities pursuant to the Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 9 authority of Chapter 81, Chapter 121, and Chapter 508 of the Health & Safety Code, applicable provisions of Chapter 418 of the Government Code and Chapter 791 of the Government Code. The entities which are parties hereto agree that this Agreement is for the performance of governmental functions and services as described in Chapter 791. XIV. SEVERABILITY In case one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. XV. APPROVAL This Agreement has been officially authorized by the governing body of each party hereto. Pursuant to Chapter 791 of the Government Code, each entity which performs services or furnishes equipment pursuant to the terms of this Agreement shall do so with funds available from current revenues of the entity. XVI. TERM The term of this Agreement shall commence on the date of the last signature approving this Agreement and shall remain in full force and effect for a 2 year term, pursuant to Section 121.023 of the Health & Safety Code, and will automatically renew for successive 2 year terms, unless a party cancels its participation in the Agreement by giving 60 days written notice to the other parties prior to the end of a current term. Notwithstanding the provisions hereof, any local government which is a party hereto may provide emergency assistance to another local government as provided in Section 791.027 of the Government Code. XVII. CANCELLATION NOTICE It is agreed by and between the parties hereto that any party hereto shall have the right to terminate its participation in this Agreement upon ninety (90) days written notice to the other parties. XVIII. NOTICE Any notice or certification provided for in this Agreement to be given by either party to the other shall be required to be in writing and shall be deemed given when personally delivered or within three (3) business days after being deposited in the United States Mail, postage prepaid, certified, return receipt requested or registered addressed as follows: To County: County Judge, Margaret Keliher Administration Building – 2nd Floor 411 Elm Street Dallas, TX 75202 Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 10 To Cities: Town of Addison Mayor Joe Chow 5300 Beltline Road Dallas, TX 75254 City of Balch Springs Mayor Wayne Middleton 3117 Hickory Tree Road Balch Springs, TX 75180 City of Carrollton, Texas Mayor Becky Miller 1945 East Jackson Road Carrollton, TX 75006 City of Cedar Hill Mayor Robert Franke 502 Cedar Street Cedar Hill, TX 75104 City of Cockrell Hill Mayor Luis D. Carrera 4125 West Clarendon Cockrell Hill, TX 75211 City of Coppell Mayor Doug Stover 255 Parkway Blvd. Coppell, TX 75019 City of Dallas Mayor Laura Miller 1500 Marilla Street Dallas, TX 75201 City of DeSoto Mayor Michael Hurtt 211 East Pleasant Run Road DeSoto, TX 75115 City of Duncanville Mayor David Green 203 East Wheatland Road Duncanville, TX 75138 City of Farmers Branch Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 11 Mayor Bob Phelps 13000 William Dodson Parkway Farmers Branch, TX 75234 City of Garland Mayor Bob Day 200 North 5th Street Garland, TX 75040 City of Glenn Heights Mayor 1938 South Hampton Road Glenn Heights, TX 75154 City of Grand Prairie Mayor Charles England 317 College Grand Prairie, TX 75050 Town of Highland Park Mayor William D. White, Jr., 4700 Drexel Drive Highland Park, TX 75205 City of Hutchins Mayor Artis Johnson 321 N. Main Hutchins, TX 75141 City of Irving Mayor Herbert A. Gears 825 West Irving Boulevard Irving, TX 75060 City of Lancaster Mayor Joe Tillotson 211 N. Henry Street Lancaster, TX 75146 City of Mesquite Mayor Mike Anderson 1515 N. Galloway Avenue Mesquite, TX 75149 City of Richardson Mayor Gary Slagel Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 12 411 West Arapaho Road Richardson, TX 75080 City of Rowlett Mayor Shane Johnson 4000 Main Street Rowlett, TX 75088 City of Sachse Mayor Mike Felix 5109 Peach Tree Sachse, TX 75048 City of Seagoville Mayor George Williams 702 N. Highway 175 Seagoville, TX 75159 Town of Sunnyvale Mayor Jim Phaup 127 Collins Road Sunnyvale, TX 75182 City of University Park Mayor James H. Holmes III 3800 University Boulevard University Park, TX 75205 City of Wilmer Mayor Don Hudson 128 N. Dallas Avenue Wilmer, TX 75172 EXECUTED by the parties hereto, each respective entity acting by and through its duly authorized official as required by law, on the date specified on the multiple counterpart executed by such entity. The County of Dallas, State of Texas, has executed this Agreement pursuant to Commissioners Court Order Number 2006 1410 and passed on the 15th day of August 20 06 . Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 13 COUNTY OF DALLAS: APPROVED AS TO FORM: ____________________________ ______________________________ BY: Margaret Keliher BY: Bob Schell County Judge Assistant District Attorney Chief, Civil Section RECOMMENDED: ____________________________ BY: Zachary Thompson Director Health & Human Services Department Dallas County Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 14 EXHIBIT “A” Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 15 CERTIFICATE OF APPOINTMENT The City of , State of Texas, has executed this Agreement pursuant to City Council Order Number ____________ and passed on the ________ day of _____________________ 20___. CITY OF COPPELL: ____________________________ BY: Mayor Doug Stover City Manager DEPT: Engineering/Public Works DATE: September 12, 2006 ITEM #: 8/C   AGENDA REQUEST FORM ITEM CAPTION: Consider approval of awarding Bid # Q-0706-03 for the purchase of water meters in the following manner: 100 Series 5/8" x 3/4" meters to Actaris US Liquid Management; 100 Series 1" and 1 1/2" meters to Master Meter, Inc; 100 Series 2" and 300 Series 3" and 4" to Amco Water Metering Systems; 300 Series 6", 8" and 10" to B20 and Associates; and all of the 400 Series to Badger Meter, Inc., in a combined estimated total of $90,300; as budgeted. GOAL(S): EXECUTIVE SUMMARY: The award of Bid #Q-0706-03 will allow for our yearly replacement of meters and provide a source for new commercial meters as needed Staff recommends award of the bid and will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Funds for this contract are budgeted in the Utility Operations departmental budget. Agenda Request Form - Revised 09/04 Document Name: #Water Meter Bids MEMORANDUM Date: August 29, 2006 To: Ken Griffin, P.E., Director of Engineering/Public Works From: Glenn D. Hollowell, P.E., Assistant Director of Public Works Subject: Water Meter Bid Award Ken: On August 22, 2006, we opened bids for the annual water meter contract. We received bids from eight vendors. One of the bids, Municipal Water Works, was rejected for failure to provide illustrative literature showing in detail the items offered. After reviewing the bids, I would propose the following awards. The 100 Series 5/8" x ¾" meters should be awarded to the low bidder, Actaris US Liquid Management, for the estimated contract amount of $24,000.00. The 100 Series 1” and 1 ½” meters should be awarded to the low bidder, Master Meter Inc., for the estimated contract amount of $6,547.50. The 100 Series 2” and the 300 Series 3”& 4” to the low bidder, Amco Water Metering Systems, for the estimated contract amount of $15,061.00. The 300 Series 6”, 8” & 10” to the low bidder, B2O and Associates, for an estimated contract amount of $15,850.00. All of the 400 Series meters should be awarded to Badger Meter Inc. for an estimated contract amount of $28,765.00. If you have any further questions or need any clarifications on this matter, do not hesitate to call. August 30, 2006 To: Ken Griffin City Engineer From: Leslie Stokes Purchasing Technician Re: Bid Q-0706-03 Water Meters On August 22, 2006 the City of Coppell accepted bids for bid Q-0706-03 Water Meters. Eight (8) bids were received. However, Municipal Waterworks submitted a bid without including “illustrative literature showing in detail the items offered…,” which is stated as a bid requirement in the bid specifications. The City of Coppell reserves the right to reject any bid that fails to provide all documentation required by the Invitation to Bid, which is also stated in our standard boilerplate. Therefore, their bid is incomplete and is rejected. The remaining seven bids will be reviewed for award. If you have any questions or concerns please contact me. Item Qty Unit Unit Total Notes Unit Total Notes Unit Total Notes Unit Total Notes5/8" x 3/4" 1000 each $36.50 $36,500.00RCDL 25 Bronze$31.50 $31,500.00430IIS$29.88 $29,880.00NA$32.34 $32,340.00see specs1" 30 each $79.80 $2,394.00RCDL 70 Bronze$85.00 $2,550.00452IIS$62.25 $1,867.50NA$79.00 $2,370.00see specs1 1/2" 30 each $169.80 $5,094.00RCDL 120, Ellip.$215.00 $6,450.00562IIS$156.00 $4,680.00NA$212.36 $6,370.80see specs2" 50 each $298.75 $14,937.50RCDL 170, Ellip.$295.00 $14,750.00572IIS$251.00 $12,550.00NA$332.22 $16,611.00see specs3" 1 each $1,189.00 $1,189.00Comp. Series w/ Bronze Strainer$1,818.60 $1,818.60MCTII$1,225.00 $1,225.00NA$1,808.75 $1,808.75see specs4" 1 each $1,689.00 $1,689.00Comp. Series w/ Bronze Strainer$2,915.40 $2,915.40MCTII$1,700.00 $1,700.00NA$2,200.00 $2,200.00see specs6" 1 each $2,989.00 $2,989.00Comp. Series w/ Bronze Strainer$5,000.00 $5,000.00MCTII$3,054.00 $3,054.00NA$2,462.00 $2,462.00see specs8" 1 each $4,989.00 $4,989.00RCDL Combo w/ML-MS $7,200.00 $7,200.00MCTIINo Bid No BidNA$4,488.00 $4,488.00see specs10" 1 each No Bid No BidNANo Bid No BidNANo Bid No BidNA$8,900.00 $8,900.00see specs4" 1 each $3,789.00 $3,789.00FSAA-Turbo Bypass3,900.00 3,900.00MFMII/MVRNo Bid No BidNANo bid No bidNA6" 2 each $5,499.00 $10,998.00FSAA-Turbo Bypass5,500.00 11,000.00MFMII/MVRNo Bid No BidNANo bid No bidNA8" 2 each $6,989.00 $13,978.00FSAA-Turbo Bypass7,550.00 15,100.00 MFMII/MVR No Bid No BidNANo bid No bidNA Municipal Water Works *invalid bidItem Qty Unit Unit Total Notes Unit Total Notes Unit Total Notes Unit Total Notes5/8" x 3/4" 1000 each $24.75 $24,750.00NA$24.00 $24,000.00NA$45.00 $45,000.00NA$31.50 $31,500.00NA1" 30 each $68.00 $2,040.00NA$195.00 $5,850.00NA$92.00 $2,760.00NA$96.00 $2,880.00NA1 1/2" 30 each $150.00 $4,500.00NA$525.00 $15,750.00NA$195.00 $5,850.00NA$220.00 $6,600.00NA2" 50 each $270.00 $13,500.00NA$895.00 $44,750.00NA$250.00 $12,500.00NA$310.00 $15,500.00NA3" 1 each $1,339.50 $1,339.50NA$1,350.00 $1,350.00NA$1,111.00 $1,111.00NA$1,655.00 $1,655.00NA4" 1 each $1,802.68 $1,802.68NA$1,900.00 $1,900.00NA$1,450.00 $1,450.00NA$2,235.00 $2,235.00NA6" 1 each $3,413.71 $3,413.71NA$3,400.00 $3,400.00NA$2,572.00 $2,572.00NA$3,850.00 $3,850.00NA8" 1 each $6,658.24 $6,658.24NANo Bid No BidNA$5,400.00 $5,400.00NA$5,790.00 $5,790.00NA10" 1 each No Bid No BidNANo Bid No BidNANo Bid No BidNANo Bid No BidNA4" 1 each No Bid No BidNANo Bid No BidNANo Bid No BidNA$4,250.00 $4,250.00NA6" 2 each No Bid No BidNANo Bid No BidNANo Bid No BidNA$5,550.00 $11,100.00NA8" 2 each No Bid No BidNANo Bid No BidNANo Bid No BidNA$7,150.00 $14,300.00NAAmco Water Metering Systems Hughes Supply, Inc.Bid #Q-0706-03 Water MetersAugust 22, 2006 10:00a.m.Master Meter, Inc. B2O & Associates, Inc.Badger Meter Inc Hersey Meters CompanyActaris US Liquid Management DEPT: Planning DATE: September 12, 2006 ITEM #: 8/D   AGENDA REQUEST FORM GOAL(S): ITEM CAPTION: Consider approval of an Ordinance for 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, being a part of a 40.6 acre tract of land, located along the north side of Sandy Lake Road, between Northpoint Drive (extended) and the extension of Freeport Parkway, and authorizing the Mayor to sign. EXECUTIVE SUMMARY: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On July 20, 2006, the Planning Commission recommended approval of this zoning change (5-0). On August 8, 2006, Council unanimously approved this zoning change (6-0). Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @PD-208R-Ll (ORD) 1-AR (Con) 1 69469 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-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, BEING A PART OF A 40.6 ACRE TRACT OF LAND, LOCATED ALONG THE NORTH SIDE OF SANDY LAKE ROAD, BETWEEN NORTHPOINT DRIVE (EXTENDED) AND THE EXTENSION OF FREEPORT PARKWAY AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF A SITE PLAN, LANDSCAPE PLAN, AND ELEVATIONS “B”, “C”, AND “D”, RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-208R-LI should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. 2 69469 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from PD-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, being a part of a 40.6 acre tract of land. located along the north side of Sandy Lake Road, between Northpoint Drive (extended) and the extension of Freeport Parkway and being more particularly in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2.That the property shall be developed and used only in accordance with the following development conditions as set forth herein below: A) Compliance with the tree mitigation ordinance by payment of the tree mitigation fee in the amount of sixty thousand dollars ($60,000) payable prior to the issuance of any Certificate of Occupancy for this phase or in full within five years of the effective date of this ordinance, which ever comes first. B) The property shall be developed in accordance with the site plan, landscape plan and elevations as provided in Section 3 of this ordinance. 3 69469 C) Compliance with the development regulations previously adopted for PD-208-LI, except as amended herein. SECTION 3.That the Site Plan, Landscape Plan, and Elevations attached to as Exhibits “B”, “C”, and “D”, respectively, and made a part hereof for all purposes, are hereby, approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. 4 69469 SECTION 8.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9.That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2006. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ CITY ATTORNEY (REH/cdb 8/30/2006) DEPT: Planning DATE: September 12, 2006 ITEM #: 8/E   AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for Case No. 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: N/A Decision of P&Z Commission: N/A On July 20, 2006, the Planning Commission recommended approval of this zoning change (5-0). On August 8, 2006, Council unanimously approved this zoning change (6-0). Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @PD-215-LI (ORD) 1-AR (Con) 1 69470 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 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 FUEL STATION 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 AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF A SITE PLAN, LANDSCAPE PLAN, FLOOR PLAN AND ELEVATIONS “B”, “C”, “D” AND “E”, RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-215-LI 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 2 69470 and the same is hereby amended to grant a change in zoning 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 and being more particularly in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2.That the property shall be developed and used only in accordance with the following development conditions as set forth herein below: A) Written approval from the DFW Airport Board of that portion of the site as they relate to the “Lease Area” have been obtained prior to the issuance of any permits from the City of Coppell. B) Provision of copies of all necessary permits and documentation from Texas Commission on Environmental Quality or successor for any on-site sewage or wastewater disposal system. C) Written approval from the Texas Department of Transportation to allow for drainage and utility construction within its right-of-way and under the existing overhead lines. D) That the existing off-premise signage, including, but not limited to the billboard is a non-conforming use. E) Written confirmation from TXU that all uses as proposed on the site plan are permissible within their easement prior to the issuance of any building permits. 3 69470 F) Compliance with the tree ordinance requiring a tree removal permit prior to the removal of any trees from the site. G) Hours of operation shall not exceed 6:00 a.m. to 11:00 p.m., 7 days a week. SECTION 3.That the Site Plan, Landscape Plan, Floor Plan and Elevations attached to as Exhibits “B”, “C”, “D” and “E”, respectively, and made a part hereof for all purposes, are hereby, approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. 4 69470 SECTION 8.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9.That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2006. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ CITY ATTORNEY (REH/cdb 8/30/2006) DEPT: Finance DATE: September 12, 2006 ITEM #: 9   AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance approving and adopting the budget for the City of Coppell for the Fiscal Year of October 1, 2006 through September 30, 2007, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: $BudgetAdopt-1AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, APPROVING AND ADOPTING A BUDGET FOR THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006, AND ENDING SEPTEMBER 30, 2007; APPROPRIATING THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET; PROVIDING FOR RECORDING OF THE ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Coppell, Texas, has submitted to the City Council a proposed budget of the revenues and expenditures of conducting the affairs of the City and providing a complete financial plan for 2006-2007; and WHEREAS, the City Council of the City of Coppell has received the proposed budget, a copy of which proposed budget and all supporting schedules have been filed with the City Secretary of the City of Coppell; and WHEREAS, the City Council has conducted the necessary public hearings as required by law; NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the proposed budget of the revenues of the City of Coppell and the expenditures of conducting the affairs of the City, providing a complete financial plan for the ensuing fiscal year beginning October 1, 2006, and ending September 30, 2007 as submitted to the City Council by the City Manager, be, and the same is hereby, in all things adopted and approved as the budget of all current revenues and expenditures of the City for the fiscal year beginning October 1, 2006, and ending September 30, 2007. SECTION 2. That the sum of $64,592,821 is hereby appropriated for the expenditures established in the approved budget, attached hereto as Exhibit “A” and made part hereof for all purposes. SECTION 3. That the City Council reserves the authority to transfer designated appropriations to any individual department or activity. SECTION 4. That all notices and public hearings required by law have been duly completed. SECTION 5. That all ordinances of the City of Coppell 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 of Coppell not in conflict with the provisions of the Ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof other than the part thereof decided to be unconstitutional, illegal or invalid. SECTION 7. This Ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provides. DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the 12th day of September, 2006. APPROVED: ___________________________ MAYOR ATTEST: ___________________________ CITY SECRETARY APPROVED AS TO FORM: ____________________________________________ CITY ATTORNEY DEPT: Finance DATE: September 12, 2006 ITEM #: 10   AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance of the City of Coppell, Texas levying the ad valorem taxes for the year 2006 at .64146/$100 taxable valuation of which .48278 for operations and maintenance and .15868 for interest and sinking, an authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: $TaxRateAdopt-1AR ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE YEAR 2006 AT A RATE OF .64146 PER ONE HUNDRED DOLLARS ($100) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY AS OF JANUARY 1, 2006; TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That there be and is hereby levied for the year 2006 on all taxable property, real, personal and mixed, situated within the limits of the City of Coppell, Texas, and not exempt by the Constitution of the State and valid State laws, a tax of .64146 on each One Hundred Dollars ($100) assessed value of taxable property, and shall be apportioned and distributed as follows: a) For the PURPOSE of defraying the current expenses of the municipal government of the City, a tax of $.48278 on each One Hundred Dollars ($100) assessed value of all taxable property. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE. THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $26.33. b) For the PURPOSE of creating a sinking fund to pay the interest and principal on all outstanding bonds of the City, not otherwise provided for, a tax of $.15868 on each One Hundred Dollars ($100) assessed value of all taxable property, within the City which shall be applied to the payment of such interest and maturities of all outstanding bonds. SECTION 2. That all ad valorem taxes shall become due and payable on October 1, 2006 and all ad valorem taxes for the year shall become delinquent after January 31, 2007. There shall be no discount for payment of taxes prior to said January 31, 2007. A delinquent tax shall incur all penalty and interest authorized by law (Section 33.01, et seq., Texas Property Tax Code), to wit: a penalty of six percent of the amount of the tax for the first calendar month it is delinquent plus one percent for each additional month or portion of a month the tax remains unpaid prior to July 1 of the year in which it becomes delinquent. Provided, however, a tax delinquent on July 1, incurs a total penalty of twelve percent of the amount of the delinquent tax without regard to the number of months the tax has been delinquent. A delinquent tax shall also accrue interest at a rate of one per cent for each month or portion of a month the tax remains unpaid. An additional Penalty on delinquent personal property taxes for tax years 2005 and subsequent years is hereby authorized and imposed as provided by Section 33.11. TEXAS PROPERTY TAX CODE, in the amount of 20% of the delinquent tax, penalty and interest if tax becomes delinquent on February 1 of a year and remains delinquent on the 60th day thereafter. Taxes that remain delinquent on July 1, 2007, incur an additional penalty not to exceed twenty percent of the amount of taxes, penalty, and interest due; such additional penalty is to defray costs of collection due to contract with the City’s Attorney pursuant to Section 6.30 and Section 33.07 of the Property Tax Code, as amended. Taxes for the year 2007 and taxes for all future years that remain delinquent on or after June 1 under Texas Property Tax Code Sections 26.07(f), 26.15(e), 31.03, 31.031, 31.032 or 31.04 incur an additional penalty in an amount not to exceed twenty percent (20%) of taxes, penalty and interest due, pursuant to Texas Property Tax code Section 6.30 and Section 33.08, as amended. SECTION 3. Taxes are payable in Coppell, Texas, at the office of the Tax Assessor/Collector. The City shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. SECTION 4. That the tax rolls, as presented to the City Council together with any supplement thereto, be, and the same are hereby approved. SECTION 5. The fact that it is necessary that this ordinance be enacted in order to authorize the collection of ad valorem taxes for the year 2006, this ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED and adopted by the City Council of the City of Coppell, Texas, this the 12th day of September 2006. APPROVED: ___________________________ MAYOR ATTEST: ___________________________ CITY SECRETARY APPROVED AS TO FORM: ____________________________________________ CITY ATTORNEY DEPT: City Secretary DATE: September 12, 2006 ITEM #: 11   AGENDA REQUEST FORM ITEM CAPTION: Consider appointments to the City’s Boards, Commissions and Committees. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: %bdappt AGENDA REQUEST NARRATIVE THE FOLLOWING VACANCIES ARE AVAILABLE: 2006 AMERICAN RED CROSS REPRESENTATIVE 1 Citizen (3-year term of office) ANIMAL SERVICES APPEALS BOARD 1 Veterinarian (2-year term of office) BOARD OF ADJUSTMENT 3 Citizens (2-year term of office) 2 Alternates (2-year term of office) COPPELL ECONOMIC DEVELOPMENT COMMITTEE 5 Citizens (2-year term of office) 1 Citizen (1-year term of office) COPPELL EDUCATION DEVELOPMENT CORPORATION 3 Citizens (2-year term of office) 2 Citizen (1-year term of office) KEEP COPPELL BEAUTIFUL COMMITTEE 3 Citizens (2-year term of office) KEEP COPPELL BEAUTIFUL COMMITTEE – YOUTH ADVISOR 3 Students (1-year term of office) 1 Student Alternate (1-year term of office) LIBRARY BOARD 4 Citizens (2-year term of office) 1 Citizen (1-year term of office) 1 Alternate (2-year term of office) 1 Alternate (1-year term of office) LIBRARY BOARD - YOUTH ADVISOR 2 Students (1-year term of office) PARKS AND RECREATION BOARD/CRDC 7 Citizens (2-year term of office) 2 Alternates (2-year term of office) PARKS AND RECREATION BOARD – YOUTH ADVISOR 2 Students (1-year term of office) 1 Student Alternate (1-year term of office) PLANNING AND ZONING COMMISSION 3 Citizens (2-year term of office) DEPT: Planning DATE: September 12, 2006 ITEM #: 12   AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1235-TC, Healthy Me Marketplace, zoning change request from TC (Town Center) to S-1235-TC (Special Use Permit-1235-Town Center), to allow the operation of a 2,995-square-foot grocery, restaurant and cooking school, to be located in the Town Center Addition, Lot 2, Block 3, along the east side of Denton Tap Road; north of Town Center Blvd. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: August 17, 2006 Decision of P&Z Commission: Approval (6-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Kittrell and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) The development shall be in accordance with the site plan, floor plan and sign elevations. 2) The hours of operation shall not exceed 10:00 a.m. to 8:00 p.m., Monday through Saturday and noon until 5:00 p.m. on Sunday. Agenda Request Form - Revised 09/04 Document Name: @1S-1235-TC, HMM, ZC 1-AR ITEM # 4 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: S-1235-TC, Healthy Me Marketplace P&Z HEARING DATE: August 17, 2006 C.C. HEARING DATE: September 12, 2006 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: Town Center Addition, Lot 2, Block 3, along the east side of Denton Tap Road; north of Town Center Blvd. SIZE OF AREA: 2,995 square feet CURRENT ZONING: Town Center REQUEST: TC (Town Center) to S-1235-TC (Special Use Permit-1235-Town Center), to allow the operation of a 2,995-square-foot grocery, restaurant and cooking school. APPLICANT: Cathy Fraser Healthy Me Marketplace 272 Enclaves Court Coppell, Texas 75019 972-393-7978 215-665-1489 HISTORY:This 14,000-square-foot retail center was completed in early 2005 and this 3,000 square feet is the last lease space in this center. The SUP for Carvel, a 1,500-square-foot ice cream parlor, was approved in September 2004. Taco Del Mar received approval for their SUP for a 1,650-square-foot restaurant with outside seating in October of ITEM # 4 Page 2 of 3 2004. Little Cesar’s Pizza was approved in May of 2006. The other retail tenants, the hair salons and FedEx, do not require an SUP. TRANSPORTATION: Denton Tap Road is a P6D, six-lane, divided thoroughfare built to standard. Town Center Boulevard, on the opposite side of the building, is built to standard. SURROUNDING LAND USE & ZONING: North -bank building: TC (Town Center) South – retail strip center; TC (Town Center) East - Coppell Justice Center; TC (Town Center) West - Huntington Ridge subdivision (PD-129-Single Family-9) COMPREHENSIVE PLAN:The Coppell Comprehensive Plan , and amended, recommends neighborhood retail use on this parcel. DISCUSSION: The applicant desires to bring a new concept to the City of Coppell, a youth-oriented food store with healthy products, which will also have a small restaurant (seating area) and cooking classes. As stated above, this facility will occupy the last remaining lease space in the Village at Town Center shopping center. Given the design of the floor plan, the cooking school use will take full advantage of the rear parking area, which has been underutilized. The applicant prepared a detailed parking analysis, which indicates that there will be an excess of two parking spaces in this shopping center. The hours of operation will be from 10:00 am to 8:00 p.m., Monday through Saturday and noon until 5:00 p.m. on Sunday. The cooking classes will generally be given at off-peak times for this and the other restaurants in this shopping center. The sign has been designed to be in accordance with the city’s sign regulations and will adhere to the standards of the shopping center. This use has 40 feet of frontage on both Denton Tap and Town Center Boulevard, and there will be a 40-square-foot sign on each façade. The letters will be individually mounted white channel letters, and the colorful logo will occupy just under 20% of the area of the sign. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request, subject to the following conditions: 1) The development shall be in accordance with the site plan, floor plan and sign elevations. ITEM # 4 Page 3 of 3 2) The hours of operation shall not exceed 10:00 am to 8:00 p.m., Monday through Saturday and noon until 5:00 p.m. on Sunday. 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) Parking Analysis 3) Elevations 4) Floor Plan 5) Sign Plan (1) 20amp 120v circuit required per sign Construct & Install Using Only U.L. Listed Components & In Accordance w/ National Electrical Sign Code FRONT (WEST) ELEVATION N.T.S. 0607-059r1p1 N.T.S. Healthy Me Marketplace 240 N. Denton Tap Ste. 440 Coppell, TX G. Owens 17591 Rick Sutton N/A 40’-0” STOREFRONT 7’-0”EAST REAR ELEVATION N.T.S. 40’-0” STOREFRONT 7’-0”8-7-06 2’-9 ¾” x 14’-3 = 40 5” .040 ALUM. RETURN PREFINISHED BLACK 1” BLACK JEWELITE TRIM NON-CORROSIVE MOUNTING SCREW IN ANCHOR 30MA TRANSFORMER FLEXIBLE CONDUIT WESTRIM INSULATING END CAP/BOOT VINYL GRAPHICS APPLIED 1st SURFACE ON LOGO (SEE LIST FOR COLORS) STD. GLASS TUBE SUPPORT FLEXIBLE CONDUIT CONNECTOR 3” x 10” ALUM. WIREWAY PTD. SPRAYLAT IND. #440 BRICK RED METAL TRANSFORMER CONTAINMENT BOX LOCATED BEHIND WALL 15MM 6500 WHITE NEON 1/8” #7328 WHITE ACRYLIC FACE .063 ALUM. BACK- INTERIOR PTD. REFLECTIVE WHITE LETTERLOK CHANNEL LETTERS WITH REMOTE TRANSFORMERS HI-FLEX MAX GTO-15 WIRE A C E G K M O P L J H F D B I WEEP HOLES FOR DRAINAGEQ WALL A C D E F G H J K L M P Q B O I SECTION N.T.S.LETTERLOK CHANNEL LETTERS SCALE: 3/8”= 1'-0" PLUM GREEN RED VINYL GRAPHICS COLORS 128 26 33 INNER FIELD LEAVES & BORDER APPLE (As Shown) 2’-9 ¾” x 14’-3 = 4012”14’-3” (1) 20amp 120v circuit required Construct & Install Using Only U.L. Listed Components & In Accordance w/ National Electrical Sign Code0607-059r1p2 8-7-06 Healthy Me Marketplace 240 N. Denton Tap Ste. 440 Coppell, TX G. Owens 17591 Rick Sutton N/A ZapfHumnst Ult BT16”33 ¾”33 ¾”11’-1” DEPT: Planning DATE: September 12, 2006 ITEM #: 13   AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD-200R-SF-12, Petterson Addition, Lots 1-4, Block A, zoning change request from 2F-9 (Two Family-9) to PD-200-SF-12 (Planned Development Revised -200, Single Family-12) to allow the construction of four single-family homes on 2.27 acres of property located along the north side of Sandy Lake Road, approximately 120 feet west of Summer Place Drive, at the request of John Margetis, Endeavor Custom Homes. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: August 17, 2006 Decision of P&Z Commission: Approval (6-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Kittrell and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) The Engineering Department is not in favor of these 4 homes going in with a private sanitary sewer system, and believes all 4 sites could drain to a public sewer line in Summer Place, via a gravity system. 2) A Tree Removal Permit is required prior to removal of any trees. 3) Contact Larry Redick at 972-323-8917 to discuss electric equipment locations. 4) Reduce fire lane width to 24’ and remove 15’ building line from Lot 1. Agenda Request Form - Revised 09/04 Document Name:@2PD-200R-SF-12, L1-4, BA 1-AR ITEM # 5 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: PD-200R-SF-12, Petterson Addition, Lots 1-4, Block A P&Z HEARING DATE: August 17, 2006 C.C. HEARING DATE: September 12, 2006 STAFF REP.: Matt Steer, City Planner LOCATION: North side of Sandy Lake Road, approximately 120 feet west of Summer Place Drive. SIZE OF AREA: 2.27 Acres CURRENT ZONING: 2F-9 (Two Family-9) REQUEST: Planned Development District for construction of four detached single-family residences and one common area devoted to landscaping and a masonry wall. APPLICANT: Representative: Engineer: John Margetis Dowdy Anderson & Associates 5410 E. State Hwy 287 5225 Village Creek Dr., Ste. 200 Midlothian, Texas 76065 Plano, TX 75093 214-957-5499 972-931-0694 Fax: 927-723-5559 Fax: 972-931-6787 HISTORY: The property is currently zoned a 2F-9 District. City Council approved a plat on December 8, 1998, for a two-lot subdivision, with each lot having frontage on W. Sandy Lake Rd. The approved Conceptual Site Plan depicts two residences attached by a breezeway (duplex) on a lot commonly referred to as a “flag lot.” No site plan was proposed for the front lot. The plat was approved with two exceptions to the Subdivision Ordinance. These were stated as follows: ITEM # 5 Page 2 of 4 1. “The fire lane to be platted with a 24'-wide easement. However, actual width of fire lane can be 16 feet if the notation - ‘All residential structures to be equipped with a functioning fully automatic fire sprinkler system. If the fire sprinkler systems are removed or cease to function, a full twenty-four foot (24’)-wide fire lane shall be installed.’ and 2. Gates shall be at each point of entry.” The Board of Adjustment met prior to the City Council meeting and granted two additional variances: 1. Garage access shall not be from the adjacent alleyway. 2. A masonry wall is allowed within the front yard of property on Sandy Lake. The Planning Commission reviewed a rezoning request from 2F-9 to PD-SF-12 on February 19, 2004, and continued the case to April 2004, for the applicant to provide staff sufficient plans to review. Subsequently, the case was recommended for approval at the April 15, 2004, Planning and Zoning Commission Meeting and later denied at the May 11, 2004, City Council Meeting. TRANSPORTATION: Sandy Lake Road, currently under construction, is a substandard, two- lane asphalt road, which is designated on the Thoroughfare Plan to be a four-lane divided thoroughfare. The adjacent right-of-way is 100’ and is sufficient for the proposed expansion. No additional right-of-way will be necessary (25’ was dedicated with the previously approved Minor Plat). SURROUNDING LAND USE & ZONING: North – Summer Place (single-family homes on approx. 4,000 sq. ft. lots); PD-148 (Planned Development-148) South – Forest Cove Phase II (single-family homes on approx. 15,350 sq. ft. lots); SF-7 (Single Family – 7) East – Summer Place (single-family homes on approx. 4,000 sq. ft. lots); PD-148 (Planned Development-148) West – Cottonwood Estates (single-family homes on an approx. five acre lots); SF-12 (Single Family – 12) COMPREHENSIVE PLAN: The Coppell Comprehensive Plan, as amended, shows the property as suitable for low-density residential development. DISCUSSION: This is a proposed rezoning from a Two Family–9 District (duplex) to a Planned Development, Single Family–12 District to allow the construction of four homes on 0.5-acre lots. Because the intensity of the potential development will be the same as the currently approved plan (each ITEM # 5 Page 3 of 4 allowing four units) and given the configuration of this land, staff gave special consideration to the request for single-family lots, fronting a private drive. From a land-use perspective, the proposed SF-12 zoning would provide an appropriate transition from the zero-lot-line development to the east and the large five-acre development to the west. Within this proposal, the applicant is requesting an exception to the public street frontage requirement of the Subdivision Ordinance, proposing a 24’ private drive/fire lane to provide each lot with access. A fire lane easement was approved and is currently platted in a similar configuration to the proposed location. The lots will be addressed off Sandy Lake with a cast stone sign on the masonry wall at the entry indicating the four numbers. Initially, there was a concern regarding parking within the fire lane, potentially impeding emergency access. The applicant has since added a condition for three parking spaces to be constructed outside the fire lane for each lot. Staff recommends designing a circular drive for each lot to accommodate this visitor parking. Currently, the proposed Planned Development (PD) does not show a sufficient front-yard setback from the 24 foot fire lane to accommodate an adequately-sized yard and parking area; therefore, the proposed 21foot front yard setback from the fire lane is recommended to be extended to 30 feet, the same as the proposed Single Family-12 base zone. This PD will only allow for a single-family detached residential use on each lot and will be regulated by the proposed Site Plan and the SF-12 base zoning for setback, height, coverage, and exterior construction regulations. The PD regulations are attached. A 15’ Common Area (Lot 1X) with plantings and an 8’ masonry wall is proposed along Sandy Lake. This meets the streetscaping requirement of the Subdivision Ordinance for a residential subdivision abutting Sandy Lake. The landscape area, masonry wall and private drive will be maintained by a Homeowners’ Association to be established at this time. The Draft HOA documents have been submitted and are currently under legal review. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request, subject to the following conditions: 1) The Engineering Department is not in favor of these 4 homes going in with a private sanitary sewer system, and believes all 4 sites could drain to a public sewer line in Summer Place, via a gravity system. 2) A Tree Removal Permit is required prior to removal of any trees. 3) Increase the building line to 65’ from the western property line. This will actually be 30’ from the fire lane, utility and access easement (same as SF- 12 front yard setback requirements). 4) Show circular drives on each lot on the Site Plan. 5) Remove note referring to a landscape easement, as this is a common area, not an easement. ITEM # 5 Page 4 of 4 6) Zoning change acceptable. Please contact Larry Redick at 972-323-8917 to discuss electric equipment locations. 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) PD-200R-SF-12 Zoning Regulations (revised per Planning and Zoning Commission) 2) Site Plan 3) Tree Survey 4) Landscape Plan 5) Screening Wall Layout 6) Screening Wall Details Page 1 of 2 PD-200R-SF-12, Petterson Addition, Lots 1-4, Block A PD Conditions (Revised per Planning and Zoning Commission) Revisions shown in bold. A. Use regulations. A building or premise shall be used only for the following purposes: 1. Any use permitted in the "SF-ED" and the "SF-18" district. 2. Home occupation. B. Maximum height regulations. The maximum height regulations will be 35 feet nor more than two and one-half stories high. C. Area regulations. 1. Minimum size of yards: (A) Front yard shall be a minimum of 64 feet (30’ from the fire lane, utility and access easement). (B) Side yard: Ten percent of the lot width, but in no case shall the side yard be less than eight feet. A side yard adjacent to a street shall not be less than 15 feet. (C) Rear yard: 20 feet. 2. Minimum size of lot: (A) Lot area: 20,000 square feet. (B) Lot width: 100 feet. (C) Lot depth: 190 feet. 3. Minimum dwelling size: 3,000 square feet, exclusive of garages, breezeways and porches. 4. Maximum lot coverage: 35 percent of the total lot area may be covered by the combined area of the main buildings and accessory buildings. D. Parking/Driveway regulations. 1. Two enclosed spaces behind the front yard line, the enclosed parking area (garage) must be accessed off of the alley only. 2. A minimum of three off-street parking spaces must be provided by each lot. These parking spaces may not be located in the fire lane/access easement but must be accessible from the easement. The location of the parking spaces shall be accommodated for within a circular drive and must be shown when applying for a building permit. 3. Driveway access from Sandy Lake Road shall be limited to one driveway and shall be located in the platted access easement. The easement shall be paved with 24 feet of concrete to fire lane standards. Page 2 of 2 E. Type of exterior construction. 1. At least 80 percent of the exterior walls of the first floor of all structures shall be of masonry construction exclusive of doors, windows, and the area above the top plate line. 2. Each story above the first floor of a straight wall structure shall be at least 80 percent masonry exclusive of doors, windows and the area above the top plate line. F. Tree Retribution. 1. A Tree Retribution Plan must be prepared and submitted to the City for review prior to final acceptance by the county 2. A Tree Removal Permit shall be required prior to the removal of any trees. G. Homeowners Association 1. The utility, access and fire lane easement shall be maintained by the homeowner’s association. 2. Lot 1X is to be maintained by the HOA. H. Variance to Subdivision Ordinance 1. Lots are not required to have public road frontage. 2. All lots shall front on a 24’ wide fire lane, utility and access easement. X:\Projects LDD\06074\By Others\2006-07-14\4LOTREPLATTEMP.dwg, Site Plan, 8/30/2006 9:52:00 AM, lparker, Dowdey, Anderson & Associates, Inc., MLP DEPT: Planning DATE: September 12, 2006 ITEM #: 14   AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Petterson Addition, Lots 1-4, Block A, Replat, being a replat of Lots 1 and 2, to allow the construction of four single-family homes on 2.27 acres of property located along the north side of Sandy Lake Road, approximately 120 feet west of Summer Place Drive, at the request of John Margetis, Endeavor Custom Homes. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: August 17, 2006 Decision of P&Z Commission: Approved (6-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Kittrell and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1. Depict all easements being abandoned by this plat. 2. Comply with the attached Departmental Comment Sheet. 3. Contact Larry Redick at 972-323-8917 to discuss easement requirements. Agenda Request Form - Revised 09/04 Document Name: @3Pett Add, L1-4, BA, Rep 1-AR ITEM # 6 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Petterson Addition, Lots 1-4, Block A, Replat P&Z HEARING DATE: August 17, 2006 C.C. HEARING DATE: September 12, 2006 STAFF REP.: Matt Steer, City Planner LOCATION: North side of Sandy Lake Road, approximately 120 feet west of Summer Place Drive. SIZE OF AREA: 2.27 Acres CURRENT ZONING: 2F-9 (Two Family-9) REQUEST: Replat approval to allow a four lot, single-family subdivision and one common area. APPLICANT: Representative: Engineer: John Margetis Dowdy Anderson & Associates 5410 E. State Hwy 287 5225 Village Creek Dr., Ste. 200 Midlothian, Texas 76065 Plano, TX 75093 214-957-5499 972-931-0694 Fax: 927-723-5559 Fax: 972-931-6787 HISTORY: The property is currently zoned a 2F-9 District. City Council approved a plat on December 8, 1998, for a two-lot subdivision, with each lot having frontage on W. Sandy Lake Rd. The approved Conceptual Site Plan depicts two residences attached by a breezeway (duplex) on a lot commonly referred to as a “flag lot.” No site plan was proposed for the front lot. The plat was approved with two exceptions to the Subdivision Ordinance. These were stated as follows: 1. “The fire lane to be platted with a 24'-wide easement. However, actual width of fire lane can be 16 feet if the notation - ‘All residential ITEM # 6 Page 2 of 3 structures to be equipped with a functioning fully automatic fire sprinkler system. If the fire sprinkler systems are removed or cease to function, a full twenty-four feet (24’)-wide fire lane shall be installed.’ and 2. Gates shall be at each point of entry.” The Board of Adjustment met prior to the City Council meeting and granted two additional variances: 1. Garage access shall not be from the adjacent alleyway. 2. A masonry wall is allowed within the front yard of property on Sandy Lake. The Planning Commission reviewed a rezoning request from 2F-9 to PD-SF-12 on February 19, 2004, and continued the case to April 2004, in order for the applicant to provide staff sufficient plans to review. Subsequently, the case was recommended for approval at the April 15, 2004, Planning and Zoning Commission Meeting and later denied at the May 11, 2004, City Council Meeting. TRANSPORTATION: Sandy Lake Road, currently under construction, is a substandard, two- lane asphalt road, which is designated on the Thoroughfare Plan to be a four-lane divided thoroughfare. The adjacent right-of-way is 100’ and is sufficient for the proposed expansion. No additional right-of-way will be necessary (25’ was dedicated with the previously approved Minor Plat). SURROUNDING LAND USE & ZONING: North – Summer Place (single-family homes on approx. 4,000 sq. ft. lots); PD-148 (Planned Development-148) South – Forest Cove Phase II (single-family homes on approx. 15,350 sq. ft. lots); SF-7 (Single Family – 7) East – Summer Place (single-family homes on approx. 4,000 sq. ft. lots); PD-148 (Planned Development-148) West – Cottonwood Estates (single-family homes on an approx. five acre lots); SF-12 (Single Family – 12) COMPREHENSIVE PLAN: The Coppell Comprehensive Plan, as amended, shows the property as suitable for low-density residential development. DISCUSSION: This request is for a replat of two residential lots into four lots with a common area (X Lot). The applicant is requesting an exception to the Subdivision Ordinance that mandates each lot to have public road frontage. A 24’ fire lane, utility and access easement is proposed to serve as an alternative to this requirement. Because this fire lane is serving only the proposed four lots within ITEM # 6 Page 3 of 3 the subdivision and is not needed for additional access to the existing, surrounding subdivisions, staff is comfortable recommending this exception be granted. A homeowners association is being established to maintain the private utilities, the fire lane easement and Lot 1X, which is devoted to landscaping and a masonry wall. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request, subject to the following conditions: 1. Comply with the attached Departmental Comment Sheet. 2. Replat unacceptable. Please contact Larry Redick at 972-323-8917 to discuss easement requirements. 3. Change “2004” to “2006” within the Floodplain Administrator signature block. 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) Replat CITY OF COPPELL 2nd DRC REPORT Project ID RP-06-0034 Project Type Replat Project Name Petterson Addition, Lots 1-4, Block A, Replat Project Description being a replat of Lots 1 and 2, to allow the construction of four single-family homes Application Date 7/20/2006 Case Manager Matt Steer 1 Address 326 And 328 W Sandy Lake Rd of 1 CommentsAgency 1. In the event the private sewer system is allowed, it will need to be maintained by the Property Owners Association. It will not be constructed in the utility easement. We strongly recommend sewer be conveyed to the line in Summer Place, via a gravity system. 2. No drainage plans have been submitted. How will drainage be handled? No lot to lot drainage is generally allowed. 3. Existing utilities are not properly shown. Verify and show all utilities. 4. Lots do not front a public street. 5. Additional comments will be generated upon submittal of additional information. Engineering X:\Projects LDD\06074\By Others\2006-07-14\4LOTREPLATTEMP.dwg, Replat, 8/30/2006 9:50:23 AM, lparker, Dowdey, Anderson & Associates, Inc., MLP DEPT: Planning DATE: August 17, 2006 ITEM #: 15   AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of the Case No. S-1236-A, MetroPCS, zoning change request from A (Agriculture) to S-1236-A (Special Use Permit-1236-Agriculture), to allow for a wireless communication antenna to be mounted to an existing electric transmission tower, with an accessory cabinet with enclosure at the base of the tower, located approximately 1,700-feet southwest of the intersection of MacArthur Boulevard and the transmission line easement; north of Belt Line Road GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: August 17, 2006 Decision of P&Z Commission: Approval (6-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Kittrell and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Departmental comments (Engineering) attached. Agenda Request Form - Revised 09/04 Document Name: @6S-1236-A, MetroPCS 1-AR ITEM # 9 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: S-1236-A, MetroPCS P&Z HEARING DATE: August 17, 2006 C.C. HEARING DATE: September 12, 2006 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: Approximately 800 feet northwest of the intersection of MacArthur Boulevard and Beltline Road. SIZE OF AREA: Approximately 15 feet by 20 feet at base of tower. CURRENT ZONING: A (Agriculture) REQUEST: A-SUP (Agriculture, Special Use Permit) to allow six wireless communication antenna to be mounted on an existing electric transmission tower, with an accessory cabinet and structure at the base of the tower. APPLICANT: Metro PCS c/o Dave Green 416 Fountain Park Drive Euless, TX. 76039 (817) 692-1989 Fax: (817) 860-0077 HISTORY: There has been no recent zoning history on the subject tract although there was a zoning case requesting a similar use on the electric tower immediately to the east of this request in 1999. ITEM # 9 Page 2 of 3 TRANSPORTATION: Beltline Road is an improved, P6D, six-lane divided concrete thoroughfare contained within a 110-foot r.o.w. MacArthur Boulevard is another improved P6D located just east of the subject property. SURROUNDING LAND USE & ZONING: North – TU electric power line; SF-9 and “A”, Agriculture South – TU electric power line; SF-9 and “A”, Agriculture East – commercial buildings; “C”, Commercial West – Single family subdivision; SF-9 COMPREHENSIVE PLAN: The Coppell Comprehensive Plan, as amended, shows this property as suitable for open space and flood plain uses. DISCUSSION: This request would allow a group of six communication antenna (4.5 feet long by 8 inches wide by 2.75 inches thick) to be mounted at the top of an existing, 114 foot tall TXU electric transmission tower in the Riverchase area. It would be very similar to an adjacent SUP for a communication antenna granted in 1999. At the base of the tower an approximate 15 feet by 20 feet maintenance building is proposed. This structure would be six feet high and of masonry construction. It would be similar in appearance to the existing cell tower building just east of this proposal. As a general rule, these requests are pretty straightforward and generate no public input. That is not the case with this proposal, however, as there has been some limited (5) opposition responses to this request. There are two other sites nearby that garnered no comments when zoned. Concern generated by this application relates to the number of similar facilities in the TXU easement, maintenance, and access to the equipment structure, among others. A condition of staff review relates to access being provided east of the tower, not along the alley on the west side of the power line structure as submitted. This revised access would eliminate some citizen concern. If staff proposed access is recommended, the base structure would need to provide entry gates on the east side of the building, not the west side as now shown. Although there is some opposition, staff can support this request for a variety of reasons. Several TXU structures have been here for over twenty years and are, by far, the most dominant structures in the area; the six antennas will be placed 114 feet above the ground; the antenna themselves are only 4.5 feet long by 8 inches wide thus creating no visual obstruction to any surrounding neighborhood. The maintenance structure at the base of this tower will be similar to the other ones in the vicinity and complies with all our development guidelines (color, building materials, gate design, etc.). In addition, it is at least 100 feet from any residential structure and all homes have 6 foot rear fences, screening the maintenance building from their view. With conditions regarding modified access and utility locations (where access connects, surface, etc. and utility concerns--see Engineering comments), staff can support the request. Provided staff concerns are addressed, we feel it will have minimal land use impact on the adjacent properties. ITEM # 9 Page 3 of 3 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request, subject to the following conditions: 1) Provide access to site from east of tower, not along alley west of tower. 2) Submission of additional information regarding access concerns 3) Explanation of utility provision and location 4) Departmental comments (Engineering) 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) Submittal package (cover sheet, detailed site plan, elevation, fence detail, antenna orientation) 2) TXU permission letter 3) Antenna cut sheet 4) Inventory of existing towers 5) Departmental comments (Engineering) DEPT: Planning DATE: September 12, 2006 ITEM #: 16   AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1234-SF-12, ARK Church, zoning change request from SF-12 (Single Family- 12) to S-1234-SF-12 (Special Use Permit-1234-Single Family-12), to allow the construction of a 4,255-square-foot church on approximately 0.6 acres of property located at E. 517 Sandy Lake Road at the southwest corner of Holly Street. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: August 17, 2006 Decision of P&Z Commission: Approval (4-1) with Commissioners Borchgardt, Foreman, Foreman and Kitrell voting in favor. Commissioner Reese voted in opposition. Approval is recommended, subject to the following conditions: 1) Indicate specifications for all materials to be used on black and white elevations, and include Austin Stone in place of EFIS. 2) A Tree Removal Permit is required prior to the start of construction. 3) Contact Larry Redick at 972-323-8917 to discuss electric load requirements. 4) Change adjacent zoning to the west to read “PD-99-SF-7”. 5) Rectify the discrepancies between the landscaping plant list, tree survey and what is actually shown on the drawing. 6) Show tree “T-12” on landscape plan if it is “to remain.” 7) Minimum size of tree is 3” caliper. 8) Ensure landscape plan is prepared and sealed by a registered Landscape Architect. 9) Replace sideyard setback dimension to 25’. 10) Church overflow parking shall not be allowed on Holly Street. Note on Site Data Table under Parking Analysis. Agenda Request Form - Revised 09/04 Document Name: @4S-1234-SF-12, ARK, 1-AR ITEM # 7 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: S-1234-SF-12, ARK Church P&Z HEARING DATE: August 17, 2006 C.C. HEARING DATE: September 12, 2006 STAFF REP.: Matt Steer, City Planner LOCATION: 517 Sandy Lake at the southwest corner of Holly Street SIZE OF AREA: 0.6 Acres CURRENT ZONING: SF-12 (Single Family-12) REQUEST: Special Use Permit to allow for the construction of a 4,255-square- foot church APPLICANT: Owner: Architect: Surveyor: Rev. Byung Shin Ralph Martinez Xavier Chappa ARK Church RGM Architects Maranot Real Estate Services 517 E Sandy Lake 2400 H Empire Central 1425 W. Pioneer, Suite 129 Coppell, Texas 75019 Dallas, Texas 75235 Irving, Texas 75015 469-682-2170 214-366-4883 972-254-8059 Fax: 972-304-8081 Fax: 214-366-4883 Fax: 972-259-9640 HISTORY: The Stringfellow Addition was filed with Dallas County in November 1961. Since the initial subdivision, different portions have been replatted. Nash Manor Subdivision divided one of the original lots into multiple lots, the Stringfellow Lots 4 & 5, Block B, Replat, amended the lot line between two lots, and the Stringfellow Addition Lot 1R, Block A, Replat, allowed for the development of an office building along the southwest corner of Moore and Sandy Lake. In January 1998, the City acquired 2,352-square-feet of right-of-way for Sandy Lake Road out of the subject property (Lot 1, Block B). ITEM # 7 Page 2 of 3 TRANSPORTATION: Sandy Lake Road has recently been improved to a four-lane, divided thoroughfare, built generally within 100-feet of right-of- way. Holly Street is a two-lane, asphalt, undivided local street, built within 60-feet of right-of-way. SURROUNDING LAND USE & ZONING: North – Single family residences & Rejoice Lutheran Church; SF-12 (Single Family-12) & SUP-1086R-SF-12 (Special Use Permit-1086Revised-Single Family-12) South – single family residences; SF-12 (Single Family-12) East – single family residences; SF-12 (Single Family-12) West – single family residences; PD-99-SF-7 (Planned Development-99-Single Family-7) COMPREHENSIVE PLAN: The Coppell Comprehensive Plan, as amended, shows the property as suitable for low-density single-family development. DISCUSSION: Because churches are identified as being compatible with single-family land use, this proposal meets the objective of The Coppell Comprehensive Plan. Currently, there is a residential structure being used for the purposes of congregation. According to the owner/applicant, Reverend Byung Shin, the church doors were opened on February 17, 2002, and services are held on Sunday at 11:00 a.m. & 2:30 p.m. and Wednesday & Friday at 8:00 p.m. The applicant plans to demolish the existing structure and rebuild a facility fronting Holly Street on the western portion of the lot. The parking area is accessed off Holly Street. Since this is a nonresidential use within a residential district, a masonry screening wall is required on the interior property lines, and the setbacks off the parking area are treated the same as building setbacks, so as not to intrude on the surrounding residential neighborhoods. Two setback modifications to the site plan are required: the side yard setback required is 25’ (20’ shown) and the rear yard setback is 20’ (25’ shown). There is adequate parking provided at 1 parking space per 3 seats (18 parking spaces, 48 seats). Two additional trees are needed to meet the landscaping requirement of 22 trees. There are inconsistencies between the landscaping plant list, tree survey and what is actually shown on the drawing. These will need to be revised and in accordance with the landscape data table shown on the Landscaping Tables, Sheet A3 (attached) and the Landscaping Section of the Zoning Ordinance. Reddish brown brick is proposed to be the primary material (80%) with an off-white EFIS serving as the accent material (20%). The roofing material is proposed to be a grayish-brown shingle. Staff is recommending that the applicant recheck the material calculations to ensure only 20% on each ITEM # 7 Page 3 of 3 elevation is provided in the accent material (EFIS). Austin Stone is a preferable material to the EFIS, and staff believes is better suited for this location because recent development activity in the surrounding area has been using this as either a primary building material or as an accent. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request, subject to the following conditions: 1) Indicate specifications for all materials to be used on black and white elevations, and include Austin Stone in place of EFIS. 2) A Tree Removal Permit is required prior to the start of construction. 3) Zoning change acceptable. Please contact Larry Redick at 972-323-8917 to discuss electric load requirements. 4) Change adjacent zoning to the west to read “PD-99-SF-7”. 5) Rectify the discrepancies between the landscaping plant list, tree survey and what is actually shown on the drawing. 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-A1 2) Landscape Plan-A2 3) Landscaping Tables-A3 4) Tree Survey-A4 5) Existing Conditions-A5 6) Floor Plan-A6 7) Elevations-A7 DEPT: Planning DATE: September 12, 2006 ITEM #: 17   AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of the Stringfellow Addition, Lot 1, Block B, Replat, to allow the construction of a 4,255- square-foot church on approximately 0.6 acres of property located at 517 E. Sandy Road at the southwest corner of Holly Street GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: August 17, 2006 Decision of P&Z Commission: Approval (5-0) with Commissioners Borchgardt, McCaffrey, Foreman, Kittrell and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Contact Larry Redick at 972-323-8917 to discuss easement requirements. 2) Remove “Minor Plat” from the title block. 3) Indicate what type of easement is proposed to be dedicated on the western property line. 4) Comply with all Engineering comments (attached). Agenda Request Form - Revised 09/04 Document Name: @5Stringfellow,L1,BB,Rep 1-AR ITEM # 8 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Stringfellow Addition, Lot 1, Block B, Replat P&Z HEARING DATE: August 17, 2006 C.C. HEARING DATE: September 12, 2006 STAFF REP.: Matt Steer, City Planner LOCATION: 517 Sandy Lake at the southwest corner of Holly Street SIZE OF AREA: 0.6 Acres CURRENT ZONING: SF-12 (Single Family-12) REQUEST: Residential replat to allow the construction of a 4,255-square-foot church on approximately 0.6 acres APPLICANT: Owner: Architect: Surveyor: Rev. Byung Shin Ralph Martinez Xavier Chappa ARK Church RGM Architects Maranot Real Estate Services 517 E Sandy Lake 2400 H Empire Central 1425 W. Pioneer, Suite 129 Coppell, Texas 75019 Dallas, Texas 75235 Irving, Texas 75015 469-682-2170 214-366-4883 972-254-8059 Fax: 972-304-8081 Fax: 214-366-4883 Fax: 972-259-9640 HISTORY: The Stringfellow Addition was filed with Dallas County in November 1961. Since the initial subdivision, different portions have been replatted. Nash Manor Subdivision divided one of the original lots into multiple lots, the Stringfellow Lots 4 & 5, Block B, Replat, amended the lot line between two lots, and the Stringfellow Addition Lot 1R, Block A, Replat, allowed for the development of an office building along the southwest corner of Moore and Sandy Lake. In January 1998, the City acquired 2,352-square-feet of right-of-way for Sandy Lake Road out of the subject property (Lot 1, Block B). ITEM # 8 Page 2 of 2 TRANSPORTATION: Sandy Lake Road has recently been improved to a four-lane, divided thoroughfare, built generally within 100-feet of right-of- way. Holly Street is a two-lane, asphalt, undivided local street, built within 60-feet of right-of-way. SURROUNDING LAND USE & ZONING: North – Single family residences & Rejoice Lutheran Church; SF-12 (Single Family-12) & SUP-1086R-SF-12 (Special Use Permit-1086Revised-Single Family-12) South – single family residences; SF-12 (Single Family-12) East – single family residences; SF-12 (Single Family-12) West – single family residences; PD-99-SF-7 (Planned Development-99-Single Family-7) COMPREHENSIVE PLAN: The Coppell Comprehensive Plan, as amended, shows the property as suitable for low-density single-family development. DISCUSSION: Currently, there is a residential structure being used for the purposes of congregation. According to the owner/applicant, Reverend Byung Shin, the church doors were opened on February 17, 2002, and services are held on Sunday at 11:00 a.m. & 2:30 p.m. and Wednesday & Friday at 8:00 p.m. The applicant plans to demolish the existing structure and rebuild a facility fronting Holly Street on the western portion of the lot. The purpose of this replat is to add a fire lane. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request, subject to the following conditions: 1) Replat unacceptable. Please contact Larry Redick at 972-323- 8917 to discuss easement requirements. 2) Remove “Minor Plat” from the title block. 3) Indicate what type of easement is proposed to be dedicated on the western property line. 4) Comply with the attached Engineering Comments. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Engineering Comment Sheet 2) Replat CITY OF COPPELL 2nd DRC REPORT Project ID RP-06-0036 Project Type Replat Project Name Stringfellow Addition, Lot 1, Block B Project Description to allow the construction of a 4,255-square-foot Application Date 7/20/2006 Case Manager Matt Steer 1 Address 517 Sandy Lake Rd of 1 CommentsAgency 1. Utility Plans indicate re-using the existing water/sewer services. Are these adequately sized for the new facility? 2. Drainage should be collected on-site and conveyed to the inlet/collection system in Holly Street underground. 3. A permit will be required from the Engineering Dept. for construction of the parking lot and utilities. This will require Engineering Plans. 4. Impact fees will be assessed based on the capacity of the new facility, and any expanded utility service. Engineering DEPT: Planning DATE: September 12, 2006 ITEM #: 18   AGENDA REQUEST FORM GOAL(S): ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD-214-TH-1, TH-2, C and SF-9, The Ellington, zoning change request from C (Commercial), R (Retail) and SF-9 (Single Family–9) to PD-214-TH-1, TH-2, C and SF-9 (Planned Development-214- Townhouse-1, Townhouse-2, Commercial and Single-Family), with a Concept Site Plan to allow the development of 125 townhouse units (67 TH-1 units on approximately 11.6 acres of Tract A.1 and 58 TH-2 units on approximately 7.5 acres of Tract A.2); Commercial uses on Tract A.3 (approximately 2 acres) along Sandy Lake Road; and on Tracts A.4 and A.5 (4.4 acres) along Denton Tap Road; SF-9 on 3.3 acres for park/open space, on Tract B for a total of approximately 29.05 acres of property located south of Sandy Lake Road, and west of Denton Tap Road. EXECUTIVE SUMMARY: Date of P&Z Meeting: August 17, 2006 Decision of P&Z Commission: Approval (4-2) with Commissioners Borchgardt, Hall, McCaffrey, and Foreman voting in favor. Commissioners Kittrell and Reese voted in opposition. Approval is recommended, subject to the following conditions: 1. Meet with the Economic Development Committee to discuss assistance with tree mitigation fees. 2. Include concept plans for the proposed commercial tracts on Sandy Lake and Denton Tap. 3. Indicate maximum number of townhouses to be 122 units. 4. Directive to staff to not include the illustration indicating 57 single-family lots that could be constructed at this same site. Agenda Request Form - Revised 09/04 Document Name:@7PD-214-, Ellington 1-AR Item # 10 Page 1 of 6 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: PD-214-TH-1, TH-2, C and SF-9, “The Ellington” NOTE: Comments in bold have been added since this case was taken under advisement on July 20, 2006. P&Z HEARING DATE: July 20, 2006 (Continued with the hearing left open to August 17) C.C. HEARING DATE: August 8, 2006 (Estimated reschedule date of Sept. 12) STAFF REP.: Gary L. Sieb, Planning Director LOCATION: South of Sandy Lake Road, and West of Denton Tap Road SIZE OF AREA: 29.05 acres CURRENT ZONING: C (Commercial), R (Retail) and SF-9 (Single Family-9) REQUEST: Zoning change request to PD-214-TH-1, TH-2, C and SF-9 (Planned Development-214-Townhouse-1, Townhouse-2, Commercial and Single Family-9) with a Concept Site Plan to allow the development of 128 townhouse units (67 TH-1 units on approximately 11.6 acres of Tract A.1 and 61 TH-2 units on approximately 7.5 acres of Tract A.2); Commercial uses on Tract A.3 (approximately 2 acres) along Sandy Lake Road and along Denton Tap Road (approximately 4.4 acres on Tracts A.4 and A.5); SF-9 zoning on 3.6 acres for park/open space use on Tract B. APPLICANT: JDB Real Estate Invest. Engineer: Dowdey, Anderson Darron Ash Matt Alexander 832 DeForest Road 5225 Village Creek Dr. Coppell, TX 75019 Suite 200 (214) 663-6878 Plano, TX 75093 FAX (972) 393-9292 (972) 931-0694 FAX (972) 931-9538 Item # 10 Page 2 of 6 HISTORY: There has been no recent zoning history on the subject tract although there have been numerous past development proposals that never resulted in a zoning application. TRANSPORTATION: Denton Tap Road is a P6D, improved, concrete, six-lane, divided thoroughfare contained within a 110-foot right-of-way; Sandy Lake Road is an existing asphalt two-lane road to eventually be improved to a C4D, 4-lane, divided thoroughfare contained within a 110-foot right-of-way. SURROUNDING LAND USE & ZONING: North – retail uses; “C”, Commercial South – single-family residential; PD-115 (SF-7) East – retail uses; “C”, Commercial West – residential/commercial uses; SF-12 and “R” Retail COMPREHENSIVE PLAN: The Coppell Comprehensive Plan of May 1966, as amended, shows this property to be developed in medium (generally in the neighborhood of 4-dwelling units per acre or less) density residential uses. DISCUSSION: (Because the Planning Commission continued this case to the August 17th hearing to give the applicant an opportunity to address staff concerns, the statements depicted in bold are responses based on applicants re-submittals) Over the last few years, staff has reviewed a number of land use proposals for this property, locally referred to as the “Ardinger parcel.” Back in 2001-2, staff recommended the property be rezoned to low density residential use of 3-4 dwelling units per acre, to be compatible with the surrounding residential density. Mr. Ardinger vigorously opposed that recommendation and promised a plan that would create an exciting mixed-use development of which the city would be proud. His representative likened it to a smaller Southlake Town Center. That development never materialized. Roughly three years ago, we were presented a plan for a townhouse project with density approaching 9-10 units per acre. That proposal was never formally submitted. In early 2006, staff informally reviewed a development containing all single family detached residences at less than 3 dwelling units per acre for a total of 57 homes which was enthusiastically received. We have attached a copy of that plan for your information and possible comparison purposes with the request before you. That plan did not proceed beyond casual discussion (for whatever reason—price, communication with owner, pending contract, etc.) which brings us to the case before you this evening. As you will recall, at the July 20th hearing a letter was submitted (attached) requesting the Commission and Council to disregard a low-density residential proposal submitted as a possible development scenario for the subject tract. Staff included that plan only to show the subject tract could be developed with much lower residential density. What is being proposed here is a mixed use Planned Development reflecting open space, 128 townhouses, commercial and retail uses. A number of exceptions have been taken with our townhouse development requirements including setbacks, densities, alley widths, circulation Item # 10 Page 3 of 6 patterns, lot coverage, among others. For instance, the northern parcel (Tract A.1) proposes 5- foot rear yard setbacks from garages/structures where 20 feet is required by ordinance. We are extremely concerned with this setback request, even with the 20-foot alleys the developer is proposing. In addition, lot depths are less than code (95 feet rather than 100 feet), lot widths do not comply (24 feet rather than 25 feet), front yard setbacks are less than code (10 feet vs. 20 to 25 feet). Also, the proposal allows 3-foot overhangs in the front yard resulting in only 7 feet of space between a unit and the street R.O.W. Side yard spacing is less than code (10 feet rather than the required 15 feet), and there are a number of “flag” lots that are discouraged from a safety, aesthetic and utility provision perspective. Also of concern is the amount of guest parking this plan proposes. Our ordinance states that .5 guest parking spaces must be provided per unit with a development of this magnitude. Tract A.2 provides this minimum (31 spaces), but Tract A.1 provides none. Following code would require 34 guest parking spaces being provided on this tract. A statement on the Plan requests guest parking for Tract A.1 be provided on street. This is totally unacceptable. Adequate guest parking can not be provided this way what with the narrow lots, the “flag” properties that have only 10 feet of frontage, the minimal front yards throughout the project, and the hazardous maneuvering which results if fire or emergency services are required by residents. The applicant has provided colored elevations of the townhouse product and, at first glance, these are attractive units. The two-story units, if limited to typical 2-story heights (35 feet), is appropriate for this area. We do, however, have concern with the three-story townhouses. When visualized in its true form, these are sizeable buildings, towering above 46 feet in height, and connected up to five in a row. To give a proper perspective to what the product would look like at completion, visit the new Lewisville project at the northwest corner of MacArthur Boulevard and Vista Ridge Mall Drive, Settlers Village. These are for sale townhouses--at a maximum of six units attached--to get a feel for the bulk, height, and massiveness of these buildings. Settlers Village building height (approximately 38 feet) is less than The Ellington’s by at least ten feet, but their appearance conveys buildings that would be out-of-scale with our surrounding residential community on both the south and west. Tree mitigation is another area that warrants careful review. This property is full of trees. Although the applicant has made some effort to recognize them, mitigation fees, reparation plans, and close review by the Parks Department is mandatory if this project proceeds. We take strong objection to the statement that the proposed open space areas of Tract B satisfy all tree mitigation and associated fee payments. Please see an updated response from Parks attached to this staff report dated August 10, 2006. The written PD Regulations exhibit essentially requests the standards we have objected to in the proceeding paragraphs. There are minor changes that need to be made to that document such as this property is located in Dallas not Denton County. Detached garages are not allowed in residential projects, the density figure for Tract A.1 needs to reflect 67 units, not 71. The same holds true for Tract A.2, density should be 61, not 63. As mentioned above, we take objection to the tree mitigation statements. Also, the statement referring to the Director of Development needs to be revised to refer to the Director of Planning. A final comment needs to be stated regarding circulation patterns proposed by this development. The Planning, Engineering and Fire Departments strongly recommend extension of Tealwood Drive into this property. This extension would do at least two things. It would give the Item # 10 Page 4 of 6 Wynnpage residents an alternate way in and out of their subdivision, and it would greatly enhance fire and emergency services access to both properties. In all fairness, and recognizing the applicant’s attempts to address many of our concerns, we have attached as an enclosure, his reply to our staff review labeled “Applicant’s Response Memo.” In parentheses we have summarized the issue at hand with regard to each specific rejoinder. Planned Development districts were established over 40 years ago to provide a means of developing land that could not conform to established building guidelines. It was initially conceived to offer a variety of mixed land uses that, if developed together, could result in a product from conventional standards just would not work; i.e., residential mixed with commercial/office/retail uses in a pattern that blended together. Over the years, the original concept has been modified to the point that today’s PD bears little resemblance to the initial offering. That is the case with this proposal. What we have here is a request to modify our residential guidelines to satisfy a particular land use proposal. There is no “blending” of a variety of land uses, no uniform design statement to bring a variety of land uses into one cohesive whole. The PD addresses only a residential component. As such, it takes a great deal of license with our established development standards with little justification for it other than a dwelling unit count needed to ensure an economic return. We cannot support this request in its present form. The revised plan makes the following changes: Tract A.1 density is decreased by one unit (now 66 du’s). Tract A.2 density is decreased by 5 units (now 56 du’s). Tract A.2 3-story units reduced to 2-story, elevations also modified. Commercial development has been reduced from 4.4 ac. to 3.6, eliminating possible development behind the KFC building preserving .8 ac. of added open space. A street connection has been made to Denton Tap on the south end of the project. A 28-foot access and utility easement reservation has been made at Tealwood. “Flag” or “dog leg” lots have been eliminated. Number of units reduced from 128 to 122 (their density reduced from 5.7 to 5.4 du/ac.—our site density is calculated at 6.4 du/ac.). Also noted is a statement on the Plan suggesting a possible dwelling unit count of 125 structures. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending DENIAL of this request, based upon the points stated above: It is too dense; it ignores most of our development guidelines; it does not provide satisfactory circulation; it creates serious health, safety and public welfare issues; it does not reflect community life style values; and it disregards the adjacent residential development patterns. A substantially lower density product, more closely aligned with our current development standards and respectful of the adjacent residential communities is encouraged for this site. There are still a number of concerns with this case. Density is still problematic, especially with the Plan note that states a possible 125 units. Development code Item # 10 Page 5 of 6 guidelines have not been met (i.e., lot depth should be 100’, they show 95’; minimum lot size should be 2500’, they show 2200’; lot width should be 25’, they show 24’; minimum garage setback should be 20’, they show 5’). Guest parking requirements have not been followed and they still show on-street parking as addressing this concern. There are a number of inconsistencies between the plan and the proposed PD regulations. A landscape plan must still be submitted before accurate tree mitigation fees can be calculated (see attached Parks Department memo). Given these concerns Staff still has serious reservations regarding this development. To gain our support, the following changes must be accomplished: • Reduce density to 5 du/ac. • Abide by Development Code guidelines (lot size, depth, width, etc.) • Specify maximum unit height of two stories or 35 feet • State minimum rear yard setbacks of 20 feet • Provide guest parking at code requirements • Eliminate on-street parking calculations for required parking • Correct tree mitigation calculations and pay fees • Meet City Codes relative to Driveway and circulation plan • Revise PD and Plan to be consistent with one another • Address DRC concerns • Reduce number of bedrooms to no more than two per unit • Remove “…area regulations for Alley Access dwellings…” from PD conditions • Submit conceptual elevations of non-residential uses proposed in PD • Provide color board showing building materials • Abide by departmental comments (Parks, Fire, Engineering) On Friday afternoon additional clarification regarding this case was submitted to staff. It was in the form of e-mail correspondence and is attached under New Attachment below. Because of the late time of submission, staff will be addressing any outstanding issues related to this message at the public hearing. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Departmental Comments (Fire, Engineering) 2) Applicant’s Response Memo 3) Suggested Planned Development Regulations 4) Zoning Exhibit (2 items) 5) Landscape Details (2 exhibits) 6) Full-colored Building Elevations (3 examples) Item # 10 Page 6 of 6 7) Colored Concept Plan 8) Floor Plan Set (2 sheets) 9) 57 Single Family Unit Plan NEW ATTACHMENTS: 1) Development package (zoning, concept plan, water/sewer, drainage. landscape exhibits) 2) Proposed Planned Development regulations 3) 25’ and 30’ street access elevations (two sheets, one colored, one b/w) 4) 25’ and 30’ street access floor plan 5) Reduced, colored site plan 6) Tree Mitigation memo (Parks) 7) Departmental comments (Fire, Engineering) 8) Property owner letter dated July 20, 2006 9) E-mail correspondence from applicant dated 8/11/06 Exhibit “A” Planned Development Regulations Development Standards Submitted: June 19, 2006 Revised: August 30, 2006 Owner: H.T. Ardinger 1990 Lake Pointe Drive Lewisville, Texas 75057 Developer/Applicant: JDB Real Estate Investments, LLC or Assigns 832 De Forest Road Coppell, Texas 75019 (214) 663-6878 (972) 393-9292 Fax Planner/Engineer/Surveyor: Dowdey, Anderson and Associates, Inc. 5225 Village Creek Drive Suite 200 Plano, Texas 75093 (972) 931-0694 (972) 931-9538 Fax Planned Development Regulations For a 25.422 acre tract (Tract A) and a 3.633 acre tract (Tract B) out of the Edward A. Crow Survey, Abstract No. 301 in the City of Coppell, Denton Counties, Texas. 1.0 Purpose The purpose of this PD is to create a neighborhood within a unique wooded environment with a blend of residential townhouse products and commercial/retail uses that are appealing and relevant to an exclusive and low-maintenance type life style. 2.0 Definitions: Definitions used herein shall be the same as those found in Article 42 of the Chapter 12 Zoning of the Code of Ordinances of the City of Coppell, Texas. 3.0 General Regulations 1. All regulations for Tracts A and B not redefined by this amendment shall default to the existing regulations set forth in the Coppell Zoning Ordinance, adopted by the City on April 4, 2002. 2. Any future modification to this adopted PD shall be limited to the specific sub-tracts being modified. 3. Two-Family dwellings are permitted and shall conform to the same area regulations described herein. 4. Detached garages are allowed by right and may or may not be connected to the main structure. In addition, all detached garage units may have a one (1) story habitable structure above them, provided it is connected to the main structure. 5. A property owners association shall be established and shall be responsible for the maintenance of all park/open space areas. 6. The building elevations provide in conjunction with this PD are representative of the architectural style and quality of the proposed Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Deleted: <#>For Tract A.1 and A.2, flag lots shall be allowed and the portion of the lot connecting to public right-of-way shall not be less than ten (10) feet.¶ townhome product. The final elevation of each independent townhome building is dependent on the number of townhome units grouped together, the number of stories (1, 2 & 3 stories) and the floor plan selected by the future resident, thus the final location of windows, doors, and building materials shown may vary, but the general quantity of materials grouped together, the quality of the materials represented and the architectural style (windows, doors, roof pitch, and building materials) of the building shall remain the same. 4.0 Use Regulations The permitted uses within Tract A and Tract B shall as follows: Tract A.1 (+/- 12 ac.): The permitted uses shall be those uses permitted by the Coppell Zoning District “TH-1” – Townhouse 1 as described in Article 15 of the Section 12 of the Zoning Ordinances for the City of Coppell, Texas. Tract A.2 (+/- 8 ac.): The permitted uses shall be those uses permitted by the Coppell Zoning Districts “TH-1 – Townhouse 1 or “TH-2” – Townhouse 2 as described in Article 16 of the Section 12 of the Zoning Ordinances for the City of Coppell, Texas. Tract A.3 (+/- 1.7 ac.): The permitted uses shall be those uses permitted by the Coppell Zoning District “C” - Commercial as described in Article 23 of the Section 12 of the Zoning Ordinances for the City of Coppell, Texas. Tract A.4 (+/- 0.8 ac): The permitted uses shall be those uses permitted by the Coppell Zoning District “C” – Commercial as described in Article 23 of the Section 12 of the Zoning Ordinances for the City of Coppell, Texas. Tract A.5 (+/-3.6 ac.): The permitted uses shall be those uses permitted by the Coppell Zoning District “C” – Commercial District as described in Article 24 of the Section 12 of the Zoning Ordinances for the City of Coppell, Texas. Tract B (+/- 3.3 ac.): The permitted uses shall be a private park. The zoning classification shall be Coppell Zoning District “SF-9” – Single Family 9 as described in Article 24 of the Section 12 of the Zoning Ordinances for the City of Coppell, Texas. For a visual illustration identifying the general location of the zoning classifications outlined above, see Exhibit “B.” 5.0 Area Regulations The following amended area regulations shall apply: Tract A.1 (Alley Access): Minimum Front Yard - The minimum depth of the front yard shall be fifteen (15) feet for rear-entry or alley served units. Minimum Rear Yard - The minimum depth of the rear yard shall be five (5) feet for rear-entry or alley served units. Maximum Lot Coverage - The maximum lot coverage shall not be greater than eighty (80) percent of the gross lot area. Maximum number of Dwelling Units- The maximum number of dwelling units shall be 67. Maximum building height: The maximum allowable building height shall not be greater than 41 feet, measured at the ridge line. For Tract A.2, brick ledges, 2nd and 3rd floor living areas, balcony’s, chimneys, and other ornamental projections or architectural features may project into the front yard a maximum of 3 feet, into the rear yard a maximum of three (3) feet and/or into the side yard a maximum of three (3) feet. Tract A.2 (Street Access): Minimum Lot Depth - The minimum lot depth shall be ninety-five (95) feet. Minimum Lot Area - The minimum lot area shall be 2,200 square feet. Maximum number of Dwelling Units- The maximum number of dwelling units shall be 58. Maximum building height: The maximum allowable building height shall not be greater than 41 feet, measured at the ridge line. For Tract A.1b, brick ledges, 2nd and 3rd floor living areas, balcony’s, chimneys, and other ornamental projections or architectural features may project into the front yard a maximum of 3 feet, into the rear yard a maximum of seven (7) feet and/or into the side yard a maximum of three (3) feet. Formatted: Indent: Left: 0", First line: 0.5" Deleted: ten (10) feet Deleted: Minimum Corner Side Yard -¶ The minimum side yard for a corner lot shall be ten (10) feet.¶ Minimum Building Separation -¶ The minimum building separation shall be ten (10) feet.¶ Minimum Lot Size-¶ The minimum Lot size shall be 2500 square feet.¶ Deleted: 71 Deleted: ¶ Deleted: Maximum Height Regulations -¶ The maximum allowable height shall not be greater than two¶ and a half stories of habitable structure nor more than¶ forty-six (46) feet, measured at the mid-point between the top¶ plate and the dominate roof ridge.¶ Deleted: ¶ Minimum Corner Side Yard -¶ The minimum side yard for a corner lot shall be ten (10) feet.¶ Minimum Building Separation -¶ The minimum building separation shall be ten (10) feet.¶ Minimum Lot Width -¶ The minimum lot width shall be twenty-four (24) feet.¶ Deleted: 0 Deleted: 63 Deleted: ¶ Maximum Height Regulations -¶ The maximum allowable height shall not be greater than three¶ stories of habitable structure nor more than forty-six (46) feet, ¶ measured at the mid-point between the top plate and the¶ dominate roof ridge.¶ The area regulations for “Alley Access” dwellings outlined above in Tract A.1 are also allowable in Tract A.2, but the maximum number of dwelling units shall not be greater than maximum allowed specified within Tract A.2. 6.0 Landscape and Screening Regulations The preservation of Tract B as a private park or open space, shall satisfy all tree mitigation requirements or monetary penalties associated with the future removal of any existing trees from Tract A. The following landscaping regulations shall apply: · There shall be a minimum of one shade tree for every four residential lots to complement large number of existing and mature trees. · There shall be one ornamental tree planted for every two residential lots. The following screening regulations shall apply: · Masonry screening fences shall be provided along all thoroughfares designated as an arterial or collector street on the city’s master thoroughfare plan. Such fences shall extend into and along the side lot lines, where applicable, of lots abutting the residential entry street(s) extending into the subject subdivision from the designated thoroughfare. They shall also be required along alley right-of-ways or property lines that separate residential from commercial, office or retail uses. All screening walls shall be constructed in conjunction with residential phases. · Screening fences shall be a minimum height of six feet and may be comprised of any of the following: 1. Solid masonry (stone or brick/split-face cmu block) or thin wall 2. Masonry or ornamental metal or a combination thereof. 3. Plans for screening fences and entry monumentation shall be submitted to the Director of Development for approval and for determination of acceptable distance for fence extensions into side lot lines as required in Section II.3.A. Such plans shall be included with the engineering plans at time of final platting. · Any use of metal shall be accompanied by shrubbery in front of such metal. Shrubbery when planted shall be a minimum size of five gallons placed on 36-inch centers. · The rear yards of all Street Access units which back to an open space shall have 4-foot ornamental metal fencing. The side Yard fencing shall be a 6-foot board-on-board wooden fence with a unified stain throughout. 7.0 Subdivision Regulations · Development shall meet the standards as required in the City of Coppell Subdivision Ordinance. 8.0 Legal Description See attached Exhibit “C”. EXHIBIT “C” LEGAL DESCRIPTION TRACT A 25.422 ACRES BEING a tract of land located in the EDWARD A. CROW SURVEY, ABSTRACT NO. 301, City of Coppell, Dallas County, Texas and being a part of those tracts of land described in Deed to Horace Thompson Ardinger, Jr., recorded in Volume 95064, Page 4717 and Volume 95064, Page 4713, Deed Records, Dallas County, Texas and part of a tract of land described in Deed to Horace Thompson Ardinger, Jr. by City of Coppell, Texas Ordinance No. 87383, recorded in Volume 87133, Page 1529, Deed Records, Dallas County, Texas and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found at the intersection of the West right-of-way line of Denton Tap Road, a 120 foot right-of-way, with the South line of said Ardinger tract recorded in Volume 95064, Page 4717; THENCE South 88 degrees 50 minutes 25 seconds West, along said South line, a distance of 442.21 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found at the Southeast corner of a tract of land described as Tract 2 in Deed to Lone Star Gas Company, recorded in Volume 5493, Page 9, Deed Records, Dallas County, Texas; THENCE North 58 degrees 50 minutes 33 seconds West, leaving said South line and along the Northeasterly line of said Tract 2, a distance of 722.69 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set for corner; THENCE North 56 degrees 05 minutes 33 seconds West, continuing along said Northeasterly line, a distance of 225.47 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set in the West line of said Ardinger tract recorded in Volume 95064, Page 4717, at the most Northerly Northwest corner of said Tract 2 ; THENCE North 00 degrees 26 minutes 54 seconds West, along said West line, a distance of 229.35 feet to a 1” iron rod found at the Northwest corner of said Ardinger tract recorded in Volume 95064, Page 4717 and the Southwest corner of a tract of land described in Deed to General Telephone Company of the Southwest, recorded in Volume 71011, Page 1961, Deed Records, Dallas County, Texas; THENCE North 89 degrees 30 minutes 32 seconds East, along the common line of said Ardinger tract and said General Telephone Company tract, a distance of 206.46 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set at the Southeast corner of said General Telephone Company tract and at the Southwest corner of said Ardinger tract recorded in Volume 95064, Page 4713; THENCE North 00 degrees 23 minutes 17 seconds West, along the common line of said Ardinger tract recorded and said General Telephone Company tract, a distance of 558.04 feet to a PK nail set in the South right-of-way line of Sandy Lake Road, a 110 foot right- of-way, said point being at the beginning of a non-tangent curve to the left having a central angle of 08 degrees 10 minutes 46 seconds, a radius of 2,923.94 feet and a chord bearing and distance of South 86 degrees 24 minutes 06 seconds East, 417.07 feet; THENCE Easterly, along said South right-of-way line and along said curve to the left, an arc distance of 417.42 feet to a 5/8 inch iron rod found; THENCE North 89 degrees 30 minutes 31 seconds East, continuing along said South right-of-way line, a distance of 203.18 feet to a 1” iron rod found at the Northwest corner of Lot 2 of SANDY LAKE CROSSING ADDITION, an Addition to the City of Coppell, according to the Plat thereof recorded in Volume 88037, Page 2602, Map Records, Dallas County, Texas; THENCE South 00 degrees 29 minutes 29 seconds East, leaving said South right-of-way line, a distance of 175.00 feet to a 1” iron rod found at the Southwest corner of said Lot 2; THENCE North 89 degrees 30 minutes 31 seconds East, a distance of 186.81 feet to an X set in concrete in the West line of a tract of land described as Lot 3, Block 1 of SANDY LAKE CROSSING, an Addition to the City of Coppell, according to the Plat thereof recorded in Volume 90012, Page 3601, Map Records, Dallas County, Texas, at the Southeast corner of said Lot 2; THENCE South 02 degrees 43 minutes 14 seconds East, a distance of 224.48 feet to an X set in concrete at the Southwest corner of a tract of land described as M.P. McDONALD’S ADDITION, an Addition to the City of Coppell, according to the Plat thereof recorded in Volume 87233, Page 2925, Map Records, Dallas County, Texas; THENCE North 87 degrees 16 minutes 46 seconds East, along the South line of said M.P. McDONALD’S ADDITION, a distance of 199.96 feet to an X set in concrete in said West right-of-way line of said Denton Tap Road; THENCE South 02 degrees 40 minutes 21 seconds East, along said West right-of-way line, a distance of 97.55 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set at the most Easterly Northeast corner of a tract of land described as Tract A in Deed to KFC National Company, recorded in Volume 89121, Page 2082, Deed Records, Dallas County, Texas; THENCE along the line of said KFC National Company tract, the following seven (7) courses and distances: South 87 degrees 19 minutes 40 seconds West, a distance of 60.00 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set for corner; North 02 degrees 40 minutes 20 seconds West, a distance of 12.68 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set for corner; South 87 degrees 19 minutes 40 seconds West, a distance of 63.33 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set for corner; South 42 degrees 19 minutes 40 seconds West, a distance of 121.88 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set for corner; South 32 degrees 39 minutes 58 seconds East, a distance of 61.03 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set for corner; South 02 degrees 40 minutes 20 seconds East, a distance of 37.13 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set for corner; North 87 degrees 19 minutes 40 seconds East, a distance of 178.98 feet to an X set in concrete in said West right-of-way line of Denton Tap Road at the Southeast corner of said KFC National Company tract; THENCE along said West right-of-way line, the following three (3) courses and distances: South 02 degrees 37 minutes 34 seconds East, a distance of 181.66 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set for corner at the beginning of a non-tangent curve to the right having a central angle of 02 degrees 14 minutes 55 seconds, a radius of 5,668.85 feet and a chord bearing and distance of South 01 degrees 38 minutes 43 seconds East, 222.46 feet; Southerly, along said curve to the right, an arc distance of 222.48 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set for corner; South 00 degrees 31 minutes 15 seconds East, a distance of 202.73 feet to the POINT OF BEGINNING and containing 25.422 acres of land, more or less. LEGAL DESCRIPTION TRACT B 3.633 ACRES BEING a tract of land located in the EDWARD A. CROW SURVEY, ABSTRACT NO. 301, City of Coppell, Dallas County, Texas and being a part of a tract of land described in Deed to Horace Thompson Ardinger, Jr., recorded in Volume 95064, Page 4717 and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found at the intersection of the West right-of- way line of Denton Tap Road, a 120 foot right-of-way, with the South line of said Ardinger tract recorded in Volume 95064, Page 4717; THENCE South 88 degrees 50 minutes 25 seconds West, along the South line of said Ardinger tract, a distance of 535.74 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set for the POINT OF BEGINNING of the tract of land herein described; THENCE South 88 degrees 50 minutes 25 seconds West, continuing along the South line of said Ardinger tract, a distance of 708.16 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set at the Southwest corner of said Ardinger tract and the Southeast corner of WHISPERING HILLS Addition, an Addition to the City of Coppell, according to the Plat thereof recorded in Volume 80016, Page 1736, Map Records, Dallas County, Texas, and the Northeast corner of SHADOW RIDGE ESTATES, an Addition to the City of Coppell, according to the Plat thereof recorded in Volume 84110, Page 6743, Map Records, Dallas County, Texas; THENCE North 00 degrees 26 minutes 54 seconds West, along the common line of said Ardinger tract and said WHISPERING HILLS Addition, a distance of 455.37 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set at the most Southerly Northwest corner of a tract of land described as Tract 2 in Deed to Lone Star Gas Company, recorded in Volume 5493, Page 9, Deed Records, Dallas County, Texas; THENCE South 56 degrees 05 minutes 33 seconds East, along the Southwesterly line of said Tract 2, a distance of 192.49 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set for corner; THENCE South 58 degrees 50 minutes 33 seconds East, continuing along said Southwesterly line, a distance of 644.85 feet to the POINT OF BEGINNING and containing 3.633 acres of land, more or less. ENGINEER/PLANNER25' and 30' STREET ACCESS ELEVATION(2-STORY TOWNHOUSE)BRICKBRICKCULTURED STONECULTURED STONETOP OF PLATETOP OF PLATEBRICK ACCENTS BRICK ACCENTSARCHITECTURALCOMP. SHINGLEARCHITECTURALCOMP. SHINGLENOTE:THE EXTERIOR FRONT, SIDE AND REAR ELEVATIONSSHALL BE 80% MASONRY (EXCLUDING DOORS AND WINDOWS)TEXTUREDGARAGE DOORTEXTUREDGARAGE DOORBALCONYBALCONY ENGINEER/PLANNER30' ALLEY ACCESS ELEVATION(COMBINATION 1 and 2-STORY TOWNHOUSE)BRICKBRICKCULTURED STONECULTURED STONETOP OF PLATETOP OF PLATEBRICK ACCENTS BRICK ACCENTSARCHITECTURALCOMP. SHINGLEARCHITECTURALCOMP. SHINGLENOTE:THE EXTERIOR FRONT, SIDE AND REAR ELEVATIONSSHALL BE 80% MASONRY (EXCLUDING DOORS AND WINDOWS) ENGINEER/PLANNER 30' ALLEY ACCESS ELEVATION (COMBINATION 1 and 2-STORY TOWNHOUSE) NOTE: THE EXTERIOR FRONT, SIDE AND REAR ELEVATIONS SHALL BE 80% MASONRY (EXCLUDING DOORS AND WINDOWS) 25' and 30' STREET ACCESS ELEVATION (2-STORY TOWNHOUSE) FLEX BDRM. BDRM. BDRM.BDRM. BDRM. BDRM. BDRM. FLEX MASTER BDRM. FLEX MASTER BDRM. MASTER BDRM. MASTER BDRM. BDRM.DINING DINING DINING KITCHEN KITCHEN KITCHEN KITCHEN DINING FAMILY FAMILY FAMILY GARAGE GARAGE GARAGE GARAGE FAMILY LIVING 25' and 30' STREET ACCESS ELEVATION (2-STORY TOWNHOUSE) FIRST FLOOR PLAN SECOND FLOOR PLAN PROPOSED 20'PROPOSED 20'ACCESS & UTILITYACCESS & UTILITYEASEMENT RESERVATIONEASEMENT RESERVATIONSTREET G REMOVABLEDECORATIVE BOLLARDSREMOVABLEDECORATIVE BOLLARDSREMOVABLEDECORATIVE BOLLARDSREMOVABLEDECORATIVE BOLLARDSNOT TO SCALETEALWOOD DRIVE 12' TRAIL12' TRAIL8' FIRE TRUCK8' FIRE TRUCK8'-6" 8'-6" 16' HORIZONTAL CLEAR ZONE OF TREES16' HORIZONTAL CLEAR ZONE OF TREES3' LADDER 3' LADDER2.5'SAFETY ZONE 2.5'SAFETY ZONE ** DEPT: City Manager DATE: September 12, 2006 ITEM #: 19   AGENDA REQUEST FORM ITEM CAPTION: Consider approval of Council Goals for 2006/2007. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: !Goals CITY COUNCIL GOALS 2007 Economic Development 1. Promote highest and best use of Leslie tract. 2. Continue to explore large tract development options. 3. Continue “hot spot” focus. 4. Refine “Old Coppell” vision. 5. Assess use/sale/acquisition of City property. 6. Develop strategy to attract and retain high value office/retail/development. Quality Public Facilities & Infrastructure 1. Explore funding sources for IMF. 2. Implement ½-cent sales tax reallocation for parks. 3. Continue focus on local/regional transportation issues. 4. Provide quality parks and recreation facilities. Excellent City Services & High Citizen Satisfaction 1. Continue strategic planning for future costs of service delivery. 2. Timely response with quality service delivery. 3. Optimize citizen communication efforts. 4. Promote citizen involvement. 5. Actively participate in the legislative process. Sense of Community 1. Develop and support community special events. 2. Encourage and evaluate teen initiatives. 3. Reassess viability of City cemetery. 4. Evaluate services and programs for senior citizen community. 5. Continue support for social services benefiting Coppell citizens. 6. Continue partnership with public entities serving our community. Fiscal Stability 1. Continue and refine financial planning and forecasting. 2. Continue systematic management of debt and expenditures. 3. Balance expenditures with ability to maintain over time. 4. Perform cost analysis on all approved projects and programs prior to implementation. 5. Minimize potential impact of external factors and developments. Neighborhood Integrity & Code Enforcement 1. Maintain communication with neighborhoods and the community. 2. Update Master Plan and zoning as required. 3. Continue proactive neighborhood integrity programs. Safe Community 1. Maintain and improve existing excellent level of service. 2. Continue focus on Homeland Security. 3. Provide quality public education programs. 4. Continue traffic/speed control efforts. DATE: August 12, 2006 ITEM #: 20  AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork DATE: September 12, 2006 ITEM #: 21   AGENDA REQUEST FORM CITY MANAGER'S REPORT A. Legislative Update. Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: September 12, 2006 ITEM #: 22   AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding the S.H. 121 Dedication and Tolling Update. C. Report by Mayor Pro Tem Faught regarding meeting with Senator Harris. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: September 12, 2006 ITEM #: 23   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: September 12, 2006 Department Submissions: Item Nos. 8/D, 8/E, 12, 13, 14, 15, 16, 17 and 18 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 Item No. 8/C 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 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)