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CP 2007-02-13 NOTICE OF CITY COUNCIL MEETING AND AGENDA FEBRUARY 13, 2007 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, February 13, 2007, 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. ag021307 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. Discussion regarding release of information from the Police Department under the Open Records Act. 3. Legal responsibilities regarding DART property. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. Economic Development prospects on the west side of Coppell. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding the Board & Commission Interview Process. B. Discussion regarding 2030 Process. C. Discussion regarding the Old Coppell Incentive Policy. D. Update on Texas Clean Air Cities Coalition. E. Discussion regarding Council retreat dates. F. 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. ag021307 Page 2 of 6 ITEM # ITEM DESCRIPTION 6. Pledge of Allegiance. 7. Consider approval of a proclamation naming February 19, 2007 as AMCAT DAY in the city of Coppell, and authorizing the Mayor to sign. 8. Presentation of the Coppell Police Department 2006 Narcotics and Alcohol Enforcement Report. 9. Citizens' Appearances. CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: January 23, 2007. B. Consider approval of an ordinance amending Article 8-3. Parking, Section 8-3-1. B. of the Code of Ordinances for the City of Coppell by changing the times for no parking on certain streets in certain school zones; and authorizing the Mayor to sign. C. Consider approval of an ordinance amending Article 8-1. Speed of Vehicles, Section 8-1-3. Speed on specific streets. of the Code of Ordinances for the City of Coppell by establishing 40 miles per hour as the maximum prima facie speed limit on Sandy Lake Road, between MacArthur Blvd. and the east city limits; and authorizing the Mayor to sign. D. Consider approval of a revision to the Interlocal Purchasing Agreement between the City of Coppell and Texas Local Government Purchasing Cooperative and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. PD-218-LI, Shake and Shingle, allowing the recognition of the existing uses on the southern portion of the property and the construction of four 14,420- square-foot office/warehouse buildings on the northern portion of this 10.2 acre tract of land located on the north side of Beltline Road, approximately 350 feet east of North Lake Drive, and authorizing the Mayor to sign. F. Consider approval of an Ordinance for Case No. S-1234-SF-12, ARK Church, zoning change from SF-12 (Single Family-12) to S-1234-SF-12 ag021307 Page 3 of 6 ITEM # ITEM DESCRIPTION (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 517 E. Sandy Lake Road, at the southwest corner of Holly Street, and authorizing the Mayor to sign. G. Consider approval of an Ordinance for a text amendment to the Code of Ordinances, Sec. 12-30-4.1 and 12-30-12.5 Gravel, Sand, Stone or Petroleum Extraction to delete the requirement for a Special Use Permit and further approve the incorporation of Article 9-26 of the Code of Ordinances "Oil and Gas Drilling and Production" regulating the drilling and production of oil and gas wells within the City, and authorizing the Mayor to sign. H. Consider approval of an Ordinance for Case No. ZC-621-H(CH) amending the Land Use Plan designation from Light Industrial/Showroom to Historic and zoning change from LI (Light Industrial) to H (Historic) on approximately 17.2 acres of property located along the east side of Hammond Street, north of Burns, being a portion of the property commonly referred to as the Carter Crowley Tract, and authorizing the Mayor to sign. END OF CONSENT 11. PUBLIC HEARING: Consider approval of Case No. PD-221-HC, Duke Lesley Addition, zoning change request from HC (Highway Commercial) to PD-221-HC (Planned Development-221-Highway Commercial) to allow for tilt-wall construction and additional attached signage on the office buildings that are 50,000- square-feet or larger and to allow for the development of mixed uses, including retail, office, and hotel on a total of 78.5 acres of property located at the northwest corner of IH-635 and South Beltline Road. 12. PUBLIC HEARING: Consider approval of Case No. PD-220-SF-12, Alexander Court, to amend the land use designation on the Comprehensive Land Use Plan from Neighborhood Retail to Residential Low Density on approximately four acres of property along Denton Tap Road and a zoning change request from C (Commercial) to PD-220-SF-12 (Planned Development-220 Single Family-12), with a Detail Site Plan, to allow the development of 26 single- family homes on approximately 18+ acres of property located at the northwest corner of Bethel and Denton Tap Roads. ag021307 Page 4 of 6 ITEM # ITEM DESCRIPTION 13. Consider approval of the Alexander Court, Lots 1-26 Block A, Preliminary Plat, to allow the subdivision of 26 single-family lots on approximately 18+ acres of property located at the northwest corner of Bethel and Denton Tap Roads. 14. Consider approval of the Coppell/121 Office Park, Lot 3, Block 1, Site Plan, to allow the development of an approximate 8,290-square-foot, one-story office building on 1.23 acres of property located along the north side of S.H. 121, approximately 1,400 feet west of Denton Tap Road. 15. Consider approval of the Coppell/121 Office Park, Lot 3, Block 1, Final Plat, to allow the development of an approximate 8,290-square-foot, one-story office building on 1.23 acres of property located along the north side of S.H. 121, approximately 1,400 feet west of Denton Tap Road. 16. Consider approval of awarding bid No. Q-0107-01, for the installation of West and East Sandy Lake Road landscaping & irrigation, to A&A Landscape & Irrigations LP, in the amount of $637,442.51, and authorizing the City Manager to sign the resulting contract. 17. Consider approval of a Resolution to support legislation in the Texas Legislature requiring mandatory disclosure of real property sales prices to appraisal districts to ensure the fair and equitable valuation and taxation of all real property in the State of Texas and authorizing the Mayor to sign. 18. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding Sweetheart Ball. C. Report by Mayor Stover regarding Chamber Gala. 19. Necessary action resulting from Work Session. 20. Necessary Action Resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor ag021307 Page 5 of 6 ITEM # ITEM DESCRIPTION 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 9th day of February, 2007, 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). ag021307 Page 6 of 6 KEY TO COUNCIL GOALS ICONS 2007          Economic Development • Promote highest and best use of Lesley tract • Continue to explore large tract development options • Continue “hot spot” focus • Refine “Old Coppell” vision • Assess use/sale/acquisition of City property • Develop strategy to attract and retain high value office/retail/development          Quality Public Facilities & Infrastructure • Explore funding sources for IMF • Implement ½-cent sales tax reallocation for parks • Continue focus on local/regional transportation efforts • Provide quality park and recreation facilities       Excellent City Services & High Citizen Satisfaction • Continue strategic planning for future costs of service delivery • Timely response with quality service delivery • Optimize citizen communication efforts • Promote citizen involvement • Actively participate in the legislative process            Sense of Community • Develop and support community special events • Encourage and evaluate teen initiatives • Reassess viability of City cemetery • Evaluate services and programs for senior citizen community • Continue support for social services benefiting Coppell citizens • Continue partnership with public entities serving our community         Fiscal Stability • Continue and refine financial planning and forecasting • Continue systematic management of debt and expenditures • Balance expenditures with ability to maintain over time • Perform cost analysis on all approved projects and programs prior to implementation • Minimize potential impact of external factors and developments     Neighborhood Integrity & Code Enforcement • Maintain communication with neighborhoods and the community • Update Master Plan and Zoning as required • Continue proactive neighborhood integrity programs       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: February 13, 2007 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. Discussion regarding release of information from the Police Department under the Open Records Act. 3. Legal rsponsibilities regarding DART property. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. Economic Development Prospects on the west side of Coppell. Agenda Request Form - Revised 02/04 Document Name: %executivesession DATE: February 13, 2007 ITEM #: WS-3 AGENDA REQUEST FORM WORK SESSION A. Discussion regarding the Board & Commission Interview Process. B. Discussion regarding 2030 Process. C. Discussion regarding the Old Coppell Incentive Policy. D. Update on Texas Clean Air Cities Coalition. E. Discussion regarding Council retreat dates. F. Discussion of Agenda Items. Agenda Request Form - Revised 02/04 Document Name: %worksession PROPOSED POLICY FOR BOARD AND COMMISSION INTERVIEWS 1. Dates for specific board and commission interviews will be established before we open the application process. That schedule will be properly posted on Web sites, various mailings, and printed communication, as well as the application form itself. 2. No makeups if an interviewee misses the specified date. 3. It is not mandatory for an incumbent to attend the interview. Language will be included in the application process and on the application itself that strongly encourages them to attend, and that will be reenforced by the board liaison. 4. A forced ranking shall be provided to the Council by the Councilmember(s) conducting the interviews for a particular board and commission. If there is a tie, the ability to appoint the nominee shall rest with the majority of Council after discussing it with the Council- members who conducted the interviews. 5. The Council shall determine, after all applications are received, if they will interview first choice only for any of the major boards such as P&Z, Park Board, Library Board and Economic Development. (It is the practice of the Council to interview applicants for every board indicated on their application. However, should any particular board receive a large number of applicants designating that board as their first choice, the Council reserves the right to interview only those selecting that board as their first choice.) 6. Two Councilmembers shall interview for each board except for the following: Animal Control, Conduct Review, and Red Cross. (Note: Applicants for Special Counsel do not get interviewed.) 7. The Mayor will appoint interviewers for each of the board and commissions according to preferences selected, and previous appointments. 8. The application itself shall include a place for the applicant to state whether or not they will participate in ad hoc committees or a citizen summit held throughout the fiscal year.. 9. A letter will be sent through the U.S. Postal Service and email reminding citizens of their interview date and requesting that they confirm that they have received notification by return email or a call to the City Secretary office. From: Billy Faught To: BHIMOJOSA- FLORES@ci.coppell.b.us,BYORK@ci.coppell.tx.us,CPHILLIP@ci.coppell.~.us,DSTOVER@ci.~pell.tx. us, JPETERS@ci.coppelI.tx.us, JWl~@ci.coppell.tx.us,MFWNKLIN@ci.~~ppeIl.tx.us,MTUNNELL@ci.co ppell.tx.us,TBRANCHEAU@ci.coppell.tx.us Date: 2/1/2007 12:48: 17 PM Subject: Re: B and C Interviews Just some suggestions.. . . ltem 4 Should we include language that in case of a lack of concensus among the interviewers the Council will decide? ltem 5 Include language informing applicants that applying for more than one Board MAY increase their chances for serving? Feel free to agree to disagree while maintaining compassion for my passion ..... >>> Jim Witt 02/01/07 12:04 PM >>> Attached is e summary of our discussions on Tuesday night regarding the above subject. If you have a different recollection or other comments please advise Clay or I. thanks and Godspeed. From: Marsha Tunnell To: BFAUGHT@ci.wppell.tx.us,BHINOJOSA- FLORES@ci.coppell.~.us,BYORK@ci.coppell.~.us,CPHILLIP@ci.wppell.tx.us,DSTOVER@ci.coppell.tx. us,JPETERS@ci.coppell.tx.us, JWITT@ci.coppell.~.uslMFRANKLlN@ci.coppell.tx.us,TB~NCHC9U@ci .coppell.tx.us Date: 2/1/2007 12:39:50 PM Subject: Re: B and C Interviews Hey! Why didn't I think of that? An idea came to me post-meeting that might solve some of the issues we discussed (sorry, my brain didn't work fast enough to bring it up at the meeting). Why not have three council members interview for the "major" boards, i.e., p&Z, economic development, parks . . . . others? Rationale: 1. More council members will have an opportunity to get one of their first picks. 2. Three council members will break any ties and not put any staff member in the middle. 3. Council members will have opportunity to meet more citizens; and know if applicants are better suited for another board they're interviewing for or other opportunities for service, maybe make for easier "horse-trading." 4. If one council member can't make it, still have two to hold interviews. Option to still find a third interviewer. 5. Doug's life gets easier. 6. All of the above No deliberation allowed, but think about it and we can discuss at future meeting. (Wow! That Marsha - she's smarter than she looks) >>> Jim Witt 02/01/07 12:04 PM >>> Attached is a summary of our discussions on Tuesday night regarding the above subject. If you have a different recollection or other comments please advise Clay or I. thanks and Godspeed. PROPOSED Old Coppell Tax Incentive Policy I. Location: For the purpose of this incentive policy, Old Coppell is considered to be any land generally located within the boundaries of the map attached as Appendix A. II. Purpose: The City of Coppell seeks to promote and develop Old Coppell through specialized incentives that encourage new development as well as preservation and rehabilitation of existing development. The development of Old Coppell will act as a tool for creating a sense of place based on Coppell’s unique, natural and cultural assets. This comprehensive policy for promoting physical revitalization and financial reinvestment in Old Coppell is designed to attract visitors to the area, encourage preservation of existing assets and add new and exciting uses to the vicinity. The purpose of this policy is to provide general guidelines and application instructions for proceeding through the incentive process in Old Coppell. Assessment for financial assistance shall be on an individual basis; therefore, each incentive package will be considered case-by-case and requires final approval from the Coppell City Council or their designee. The total package of incentives is generally designed to enhance the economic viability of awarded projects. This approach will allow the City the flexibility necessary to satisfy the unique needs and concerns of each applicant and the needs and concerns of the City and its citizens. This policy does not imply or guarantee that the City of Coppell will provide tax incentives to any applicant. III. Criteria for Economic Development Incentives: Incentives shall be awarded based on the degree to which the proposed project meets the goals and objectives of the City for Old Coppell. All projects must meet the following minimum criteria to be considered for any tax incentives: (1) Project must be compatible with the Old Coppell Master Plan and character of Old Coppell in the sole opinion of City Council; (2) Project must meet the minimum development standards and design guidelines set forth in the Coppell Zoning Ordinance. Additional criteria are listed for each type of available incentive. Each applicant must complete the Old Coppell Incentive Application attached as Appendix B and submit a site plan package with the application. IV. Available Incentives: Incentives may be granted for eligible facilities on all or a portion of the increased taxable value of the property over the base year value. Tax Abatements Applicants may receive up to a 75% abatement of real and personal property taxes for a maximum of 5 years. Duration and amount of abatement granted will be based upon capital investment and impact of the project to the area. Abatements are limited to new and/or improved property value. To qualify, the project must have a minimum combined real property and business personal property investment of two-hundred thousand dollars. Projects not meeting this criteria may still be considered and qualify for a smaller incentive based upon City Council’s discretion. Sales Tax Rebates For businesses that generate sales tax revenue in the City of Coppell, a rebate of the City’s portion of sales tax may be granted. Businesses must have a minimum of two- hundred fifty thousand dollars in annual sales to qualify for the sales tax rebate incentive. Up to 100% of the 1% collected by the City may be rebated for a maximum of 3 years. Rebates will occur once per year during the month of April. Projects not meeting this criteria may still be considered and qualify for a smaller incentive based upon City Council’s discretion. Fee Waivers Projects that qualify may receive up to a 50% waiver of Roadway Facilities Impact Fees, Building Permit Fees or both. Development Incentive The Development Incentive is designed to help spur development in Old Coppell. Applicants can apply for a development incentive to receive reimbursement of typical industry standard loan closing costs. Each applicant is limited to a maximum incentive of $5,000 and will be approved on a case-by-case basis. To qualify for this incentive, the applicant must use a lending institution located within the city limits of the City of Coppell for financing on property, and the applicant must close on the property within 90 days of incentive approval from the City. The applicant must submit the closing cost estimates at the time of incentive consideration. Once the applicant has closed on the property and the loan, documentation must be provided from the Coppell lending institution of choice showing actual closing costs. No reimbursements will be made until the property is under construction and proper documentation has been provided. Façade Grants The City of Coppell has dedicated a pool of funds to aid in the rehabilitation and restoration of the exterior facades of existing property in Old Coppell. The pool of funds will be distributed on a first come, first served basis, and approved projects will be awarded an amount equal to 50% of the actual costs to renovate the exterior façade. The minimum project cost to be considered is $3,000. To qualify for a façade grant, exterior façade renovations must include improvements such as appropriate windows, doors, awnings/canopies, shutters and signage, and any other acceptable improvement - not simply painting the exterior of the building. Projects may include rehabilitation to the entire exterior façade, but to be considered for a grant, the aforementioned improvements must also enhance the street appeal of the structure. Applicant must submit plans for construction prior to the start of the project along with bids for the improvements. All plans will need to be reviewed and approved by the Planning staff prior to commencement of the project. If plans are rejected, the applicant has the right to appeal to the Planning and Zoning Commission. The project must meet the standards for construction stated within the Historic District of the Zoning Ordinance, the Old Coppell Design Guidelines and other applicable codes. The applicant must begin the project within 90 days of approval and must complete the project within 12 months after commencing. Extensions can be approved on a case-by-case basis at the City’s discretion. If approved for a grant, the City of Coppell will rebate 50% of construction costs and material costs once an applicant has completed their structure. Applicant should submit to the City of Coppell receipts at the end of the project, and the City will issue reimbursement checks once per year during the month of April. Regardless of the project cost, the total amount awarded will be capped at $25,000 per structure. Appendix A Old Coppell Boundary Map Appendix B Old Coppell Incentive Application City of Coppell Office of Economic Development 255 Parkway Boulevard Coppell, TX 75019 Phone: (972) 304-3677 Fax: (972) 304-3673 Date:___________________ Information may be submitted on this form using extra pages where necessary or submitted as a separate application document addressing the matters listed herein. NAME OF APPLICANT: __________________________________________________________________ Name __________________________________________________________________ Address __________________________________________________________________ City State Zip Code ________________________ ______________________________ Telephone Number Fax Number APPLICANT’S REPRESENTATIVE: __________________________________________________________________ Name __________________________________________________________________ Address __________________________________________________________________ City State Zip Code ________________________ ______________________________ Telephone Number Fax Number Applicant must provide a written narrative detailing how a development/project meets the following minimum requirements: 1. What is the address and/or legal description of the property for the proposed faciltity? 2. What is the proposed use of the facility? 3. What is the estimated value of the land and approximate acreage of the property? 4. Size of building: 5. Size of suite: 6. The project makes a substantial contribution to redevelopment efforts. 7. The project is consistent with the character of Old Coppell. 8. What is the estimated cost of the project? 9. What is the projected employment number at the proposed facility and the estimated average salary? 10. What is the estimated value of the building? 11. What is the estimated value of the FF&E (Furniture, Fixtures & Equipment)? 10. Will the facility be a shell building or a build-to-suit? 11. What is the estimated amount of annual sales subject to State Sales & Use Tax? 12. What will be the hours of operation? 13. What is the general nature of the business? 14. Location of company headquarters. Are there any existing facilities in the Coppell or Dallas-Ft. Worth area? 15. What types and values of public improvements, if any, will be made by the applicant? 16. Will the applicant be the owner or lessee? If lessee, are occupancy commitments already existing? If yes, how long? 17. Does or can the project meet all relevant zoning, subdivision and other legal requirements? 18. Is the project consistent with the comprehensive plan of Old Coppell? 19. Does the project pose any negative environmental, operational, visual or other impact (i.e. pollution, noise, traffic congestion, etc.)? WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Manager February 13, 2007 7 ✔ PROCLAMATION Consider approval of a proclamation naming February 19, 2007 as AMCAT DAY in the city of Coppell, and authorizing the Mayor to sign. Staff recommends approval. !AMCAT PROCLAMATION WHEREAS, The Edinburgh Group d/b/a Amcat, was founded on February 19, 1997 and is celebrating its 10 year anniversary as an independent insurance adjusting company headquartered within the city limits of Coppell, Texas, providing service to insurance companies across the entire United States; and WHEREAS, Amcat is predominately staffed by Coppell residents with significant representation by parents of current and former members of the Coppell High School Band; and WHEREAS, The philanthropic contributions by Amcat to the community has benefited the citizens of the city of Coppell and the great state of Texas; and WHEREAS, Amcat has received universal acclaim from its customers, employees and industry associations for standards of service quality, educational services and professionalism. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, Texas, and the City Council of the city of Coppell, Texas, do hereby proclaim February 19, 2007 as AMCAT DAY saluting the valuable service and contributions of the Executives, Administrative Staff and Adjusters of Amcat to the citizens of the United States who are regularly impacted by insurable perils. And, I call on all citizens of Coppell, Texas to support this celebration and recognize this local Coppell Company for its continued success, recognizing that service providers like Amcat continue to shine a favorable light on our community. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of February 2007. _______________________________________ Douglas N. Stover, Mayor ATTEST: __________________________ Libby Ball, City Secretary WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Police February 13, 2007 8 ✔ PRESENTATION Presentation of the Coppell Police Department 2006 Narcotics and Alcohol Enforcement Report. Chief Roy Osborne will present the Narcotics and Alcohol Enforcement Report detailing activities of the Coppell Police Department Organized Crime Unit (OCU) in 2006. No Action Necessary. )2006 Enforcement DATE: February 13, 2007 ITEM #: 9   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 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary February 13, 2007 10/A ✔ PROCEDURAL Consider approval of minutes: January 23, 2007. Minutes of the City Council meeting held on January 23, 2007. Staff recommends approval. %minutes MINUTES OF JANUARY 23, 2007 The City Council of the City of Coppell met in Regular Called Session on Tuesday, January 23, 2007, 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 Billy Faught, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember (late arrival) Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Marvin Franklin, Councilmember Bill York, Councilmember Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. 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. Councilmember Peters arrived prior to convening of Executive Session. cm012307 Page 1 of 8 Mayor Stover convened into Executive Session at 5:42 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 5:52 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding the 2005-06 CAFR. B. Discussion regarding joint meeting with Park Board on March 5th. C. Discussion regarding future Special Events. D. Discussion regarding Citizen Summit. E. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Councilmember Franklin led those present in the Invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Report by Coppell Economic Development Committee. Presentation: Bill Rohloff, Chairman, made the Committee’s semi-annual report to Council. 8. Citizens' Appearances. There was no one signed up to speak under this item. ag012307 Page 2 of 8 CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: January 9, 2007. B. Consider approval canceling the March 13, 2007 City Council Meeting. C. Consider approval of an Interlocal Agreement between the City of Coppell and the North Central Texas Council of Governments for the cooperative purchasing for actuarial shared services, and authorizing the City Manager to sign it and all appropriate documents. D. Consider approval of awarding Bid # Q 1106-03 for the annual Sidewalk Pavement Repair Project to Estrada Concrete in an amount of $100,000, as budgeted in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign. E. Consider approval of awarding Bid # Q 1106-04 for the annual Reinforced Concrete Paving Repair Project to Goteck Enterprises in an amount of $300,000 as budgeted in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign. F. Consider approval of an Interlocal Cooperation Agreement with Denton County to provide ambulance service to portions of the city within Denton County and reimbursement of costs associated with those calls; and authorizing the Mayor to sign. Presentation: Ken Griffin, Director of Engineering & Public Works, answered questions of Council regarding the sidewalk and street repair. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C, D, E and F. Councilmember Peters seconded the motion; the motion ag012307 Page 3 of 8 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: Consider approval of a Resolution granting a variance of one hundred fifty (150') feet to Ole's Tex-Mex Restaurant from the 300-foot prohibited requirement under Ordinance No. 2006- 1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 600 E. Sandy Lake Road, Suite 106; and authorizing the Mayor to sign. 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: Mayor Pro Tem Faught moved to close the Public Hearing and approve Resolution No. 2007-0123.1 granting a variance of one hundred fifty (150') feet to Ole's Tex-Mex Restaurant from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16- 2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 600 E. Sandy Lake Road, Suite 106; 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. 11. Consider approval of a Resolution endorsing the U. S. Mayors Climate Protection Agreement as amended by the 73rd annual U. S. Conference of Mayors meeting and urging mayors from around the nation to join this effort, and authorizing the Mayor to sign. ag012307 Page 4 of 8 Presentation: City Manager Jim Witt made a presentation to the Council. Lynne Messina, Pat Lambert and Diana Dierks made a presentation to the Council. Action: Councilmember Peters moved to approve Resolution No. 2007-0123.2 endorsing the U. S. Mayors Climate Protection Agreement as amended by the 73rd annual U. S. Conference of Mayors meeting and urging mayors from around the nation to join this effort, and authorizing the Mayor to sign. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 12. Consider approval of the Comprehensive Annual Financial Report for the fiscal year ending September 30, 2006. Presentation: Ben Kohnle with Grant Thornton made a presentation to the Council. Action: Councilmember Franklin moved to approve the Comprehensive Annual Financial Report for the fiscal year ending September 30, 2006. 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. 13. Consider approval of awarding bid No. Q-1106-02, for the construction of Coppell Town Center Plaza, to Northstar Construction, Inc., in the amount of $2,491,700, and authorizing the City Manager to sign the resulting contract. ag012307 Page 5 of 8 Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to the Council. Lenny Hughes with Halff & Associates, addressed questions of Council. Action: Councilmember York moved to approve awarding bid No. Q-1106-02, for the construction of Coppell Town Center Plaza, to Northstar Construction, Inc., in the amount of $2,491,700, and authorizing the City Manager to sign the resulting contract. Councilmember Tunnell seconded the motion; the motion carried 5-2 with Mayor Pro Tem Faught and Councilmembers Peters, Hinojosa-Flores, Tunnell and York voting in favor of the motion and Councilmembers Brancheau and Franklin voting against the motion. 14. City Manager's Report. A. Update on Council Goals. A. City Manager Jim Witt updated council on the status of Council Goals for the current year. 15. Mayor and Council Reports. A. Report by Mayor Stover regarding Governor’s Inauguration. A. Mayor Stover reported on his attendance at the Governor’s Inauguration. 16. 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. ag012307 Page 6 of 8 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 on upcoming events at Lewisville ISD and at Carrollton/Farmers Branch ISD. B. Mayor Pro Tem Faught reported CISD had extended Dr. Jeff Turner’s contract for 3 years. C. Councilmember Brancheau reported the Seniors would hold their monthly meeting on January 24th. D. Councilmember Peters reported on upcoming events by the Dallas Regional Mobility Coalition, the NTTA and the Partners Mobility Conference. E. There was no report due to Mr. Rohloff’s report earlier in the meeting. F. Councilmember Tunnell reported that Trinity and RHD Hospitals would soon be under new management. G. There was nothing to report on this item. H. Councilmember Hinojosa-Flores reported that the monthly meeting would be on Thursday. I. Councilmember York reported that the center had enjoyed a successful holiday season with a high volume of donations. He also reported that Bunny Summerland is the Metrocrest Person of the Year. ag012307 Page 7 of 8 J. There was nothing to report on this item. K. There was nothing to report on this item. L. There was nothing to report on this item. M. Mayor Pro Tem Faught reported that Town North Bank would be the sponsor of the 2007 Golf Tournament. 17. Necessary action resulting from Work Session. There was no action necessary under this item. 18. 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 ag012307 Page 8 of 8 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ ȱ Engineering February 13, 2007 10/B ✔ ORDINANCE Consider approval of an ordinance amending Article 8-3. Parking, Section 8-3-1. B. of the Code of Ordinances for the City of Coppell by changing the times for no parking on certain streets in certain school zones; and authorizing the Mayor to sign. Approval of this ordinance will adjust the times for no parking on certain streets in certain school zones in the mornings to 7:00 a.m. to 9:00 a.m. and in the afternoons to 2:00 p.m. to 4:00 p.m. Staff will be available to answer any questions at the council meeting. Staff recommends approval of the ordinance changing the no parking times in school zones. No Parking School Zones MEMORANDUM TO:Mayor and City Council FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works DATE:February 13, 2007 REF: Consider approval of an ordinance amending Article 8-3. Parking, Section 8-3- 1. B. of the Code of Ordinances for the City of Coppell by changing the times for no parking on certain streets in certain school zones; and authorizing the Mayor to sign. Recently, the City of Coppell Engineering Department was contacted by a school crossing guard that stated, with the ever-changing start times for elementary schools and middle schools, the current restricted no parking times for certain streets was not adequate. Currently, the ordinance restricts parking adjacent to Mockingbird Elementary/Coppell Middle School East, Austin Elementary School, and Lee Elementary School for a period from 7:30 a.m. to 8:30 a.m. and from 2:15 p.m. to 3:45 p.m. The problem is that the start time for the elementary school is now 7:50 a.m. and the start time for the middle school is 7:40 a.m. Given those earlier start times, children are walking to the schools prior to 7:30 a.m. in the morning. The safety concern is that cars are parking adjacent to the curbs prior to 7:30 a.m. to drop off children and by doing so the cars are restricting the visibility of the children that may be crossing the street. My initial approach was to just remove the times all together from the ordinance and state "as posted on the street signs". However, all the other streets, by ordinance, are either restricted "at all times" or "for a certain time". Therefore, my recommendation would be to restrict the morning hours from 7:00 a.m. to 9:00 a.m. and the afternoon hours from 2:00 p.m. to 4:00 p.m. This creates a very large window both before and after school where no cars will be allowed to park adjacent to the schools. This will create a safer visual corridor for drivers to see children walking to school. Staff recommends approval of an ordinance changing the "No parking on certain streets in certain school zones" time to 7:00 a.m. to 9:00 a.m. and from 2:00 p.m. to 4:00 p.m. Staff will be available to answer any questions at the council meeting. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 8, ARTICLE 3, SECTION 1 B BY PROHIBITING STOPPING, STANDING OR PARKING OF MOTOR VEHICLES IN CERTAIN SCHOOL ZONES ON SCHOOL DAYS BETWEEN THE HOURS OF 7:00 A.M. AND 9:00 A.M. AND BETWEEN THE HOURS OF 2:00 P.M. AND 4:00 P.M.; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THE ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. AMENDING SECTION 8-3-1B OF CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL Section 8-3-1 of Chapter 8 of the Code of Ordinances of the City of Coppell is hereby amending a portion of said section as follows: "Sec. 8-3-1 No parking on specific streets and in certain school zones. . . . B. No parking on certain streets in certain school zones. " It shall be unlawful for any person to stop, stand or park a vehicle in violation of any official sign, curb marking or street marking that prohibits, regulates or restricts the stopping, standing or parking except when necessary to avoid conflict with other traffic or in compliance with the law or the direction of a police officer or traffic control officer or traffic control device on school days between the hours of 7:00 a.m. to 9:00 a.m. and from 2:00 p.m. to 4:00 p.m. for the following streets or portions thereof:" . . . . SECTION 2. REPEALING CLAUSE All parts of ordinances inconsistent or in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. SEVERABILITY CLAUSE If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 4. PENALTY CLAUSE Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction shall be punished by a penalty of fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense and each and every day such offense is continued shall constitute a new and separate offense. SECTION 5. EFFECTIVE DATE This ordinance shall take effect immediately from and after the publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the _____ day of __________, 2007. APPROVED: ________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: __________________________________ ROBERT E. HAGER, CITY ATTORNEY WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ ȱ Engineering February 13, 2007 10/C ✔ ORDINANCE Consider approval of an ordinance amending Article 8-1. Speed of Vehicles, Section 8-1-3. Speed on specific streets. of the Code of Ordinances for the City of Coppell by establishing 40 miles per hour as the maximum prima facie speed limit on Sandy Lake Road, between MacArthur Blvd. and the east city limits; and authorizing the Mayor to sign. Approval of this ordinance will allow the recently constructed 4-lane divided roadway, East Sandy Lake Road, to be posted at 40 mph, between MacArthur Blvd. and the east city limits. Staff will be available to answer any questions at the council meeting. Staff recommends approval of the ordinance changing the speed limit to 40 miles per hour on East Sandy Lake Road, between MacArthur Blvd. and the east city limit line. #Sandy Lake Rd. SL Ord MEMORANDUM TO:Mayor and City Council FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works DATE:February 13, 2007 REF: Consider approval of an ordinance amending Article 8-1. Speed of Vehicles, Section 8-1-3. Speed on specific streets. of the Code of Ordinances for the City of Coppell by establishing 40 miles per hour as the maximum prima facie speed limit on Sandy Lake Road, between MacArthur Blvd. and the east city limits; and authorizing the Mayor to sign. The improvements to East Sandy Lake Road are nearing completion from a two-lane asphalt road to a four-lane divided boulevard. Because the contractor opened up all four lanes while finishing some of the minor items associated with the project, the City took the opportunity to perform a 'Volume and Speed Study' to determine the correct speed limit on Sandy Lake Road, from MacArthur Blvd. to its east city limit line. On January 10, 2007, 'Volume and Speed Surveys' were taken at two locations along Sandy Lake Road for both eastbound and westbound traffic. The first location was between MacArthur Blvd. and Starleaf and the results showed the eastbound 85th percentile speed to be 44.9 mph and the westbound 85th percentile speed to be 47.6 mph. A second location, between Riverview and the Elm Fork of the Trinity River, also was evaluated. The results showed the eastbound 85th percentile speed to be 46.4 mph and the westbound 85th percentile speed to be 48.4 mph. If the speed limits were strictly set on the 85th percentile speeds, a 45-mph speed limit would probably be recommended. However, when you take into account that the speed limit on Sandy Lake Rd. in Carrollton, immediately to the east of this area is 40 mph and the speed limit on Sandy Lake Rd. in Coppell, immediately to the west of this area is 40 mph, it makes sense for this area to also be 40 mph. There is also a school near the intersection of MacArthur Blvd. and Sandy Lake Rd. and residential developments such as St. Joseph's, Riverview Estates, Trinity Shores, River Ridge Addition and Eagle Point at Riverchase in close proximity to the south side of Sandy Lake Road. Also, several developers have expressed an interest in developing residential on the north side of Sandy Lake Rd. Considering all these factors, it is my recommendation that the speed limit on East Sandy Lake Road, from MacArthur Blvd. to the east city limits, be set at 40 mph. Staff will be available to answer any questions at the council meeting. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING SECTION 8-1-3 OF THE CODE OF ORDINANCES TO ESTABLISH THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SANDY LAKE ROAD IN THE CITY LIMITS OF THE CITY OF COPPELL; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the Code of Ordinance of the City of Coppell, Texas be, and the same is hereby amended by amending Chapter 8, Article 8-1, Section 8-1-3, in part, by adding the following designated speed limit for Sandy Lake Road, to read as follows: “Sec. 8-1-3.Speed on Specific Streets . . . . . STREET PORTION OF STREET SPEED MILES PER HOUR . . . . . Sandy Lake Road From its point of intersection with 40 MacArthur Boulevard east to East City Limits . . . . ." SECTION 2. That the traffic engineer is authorized and directed to erect signs necessary to give notice of the speed limit adopted herein. SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be 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 Code of Ordinances as a whole. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6.That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subject to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide; however the speed limit established herein shall not take effect until the appropriate signage giving notice of such speed limit has been erected. DULY PASSED by the City Council of the City of Coppell, Texas, this the _____ day of ________________, 2007. APPROVED: ________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ Human Resources February 14, 2007 10/D ✔ CONTRACT/BID or PROPOSAL Consider approval of a revision to the Interlocal Purchasing Agreement between the City of Coppell and Texas Local Government Purchasing Cooperative and authorizing the Mayor to sign. Council previously approved the Interlocal agreement between the City and Texas Local Government Purchasing Cooperative on November 14, 2000. The Cooperative has removed the associated fee making the membership free to its participates. Therefore, they have revised the Interlocal agreement to reflect these changes. Staff recommends approval & Buyboard WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING February 13, 2007 10/E ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-218-LI, Shake and Shingle, allowing the recognition of the existing uses on the southern portion of the property and the construction of four 14,420-square-foot office/warehouse buildings on the northern portion of this 10.2 acre tract of land located on the north side of Beltline Road, approximately 350 feet east of North Lake Drive, and authorizing the Mayor to sign. On December 21, 2006, the Planning Commission unanimously recommended approval of this Planned Development (7-0). On January 9, 2007, Council unanimously approved this Planned Development (6-0). Councilmember Tunnell was absent. Staff recommends approval. @PD-218, S&S ORD (Con) 1-AR 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-218-LI (PLANNED DEVELOPMENT-218-LIGHT INDUSTRIAL) TO ALLOW FOR USES AS PERMITTED IN A LIGHT INDUSTRIAL DISTRICT AND THE FOLLOWING: THREE (3) OUTSIDE STORAGE UNITS, ONE (1) FREE STANDING LOADING DOCK, ONE (1) 6,000 SQUARE FOOT OFFICE BUILDING, ONE (1) 15,500 SQUARE FOOT OFFICE/WAREHOUSE BUILDING AND TO ALLOW FOR THE CONSTRUCTION OF FOUR (4), 14,420-SQUARE-FOOT OFFICE/WAREHOUSE BUILDINGS ON A 10.2 ACRE TRACT OF LAND LOCATED ON THE NORTH SIDE OF BELTLINE ROAD APPROXIMATELY 350 FEET EAST OF NORTH LAKE DRIVE AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, TREE SURVEY AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS “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 City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-218-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: TM 13327.2.00 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 by granting a change in zoning from LI (Light Industrial) to PD- 218-LI (Planned Development-218-Light Industrial) to allow for uses as permitted in a Light Industrial District and the following: three (3) outside storage units, one (1) free standing loading dock, one (1) 6,000 square foot office building, one (1) 15,500 square foot office/warehouse building, and to allow for the construction of four (4), 14,420-square-foot office/warehouse buildings on a 10.2 acre tract of land located on the north side of Beltline Road approximately 350 feet east of North Lake Drive, and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes as depicted on the site plan. SECTION 2. This Planned Development shall be developed and used only in accordance with the site plan, landscape plan, tree survey and elevations and the development standards as follows: (A) Site plan approval shall be required prior to the redevelopment of any the existing structures. This new construction shall adhere to development standards in place the time of development. Not withstanding the establishment of this PD, no improvements to existing facilities shall be required. (B) No masonry screening wall shall be required along the north property line abutting the railroad right-of-way, given the amount of landscaped open space and quantity of existing and proposed over story trees which will provide a TM 13327.2.00 2 visual buffer between this development and the single family subdivision to the north. (C) The landscape area between the sidewalk and the building will be counted towards fulfillment of the interior landscape requirements as indicated on the approved landscape plan. SECTION 3. The property shall be developed and used in accordance with the LI (Light Industrial) development standards under the Coppell Zoning Ordinance, except as amended in the special conditions as indicated on the Site Plan, Landscape Plan, Tree Survey and Elevations attached hereto as Exhibits “B, C, D and E”, respectively, and made a part hereof for all purposes, which 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. TM 13327.2.00 3 SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2007. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 1/30/07) TM 13327.2.00 4 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING February 13, 2007 10/F ✔ ORDINANCE Consider approval of an Ordinance for Case No. S-1234-SF-12, ARK Church, zoning change 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 517 E. Sandy Lake Road, at the southwest corner of Holly Street, and authorizing the Mayor to sign. On August 17, 2006, the Planning Commission recommended approval of this zoning change (4-1-1) with Commissioner Reese voting in opposition. Commissioner Hall abstained. Commissioner Haas was absent. On September 12, 2006, Council unanimously approved this zoning change (7-0). Staff recommends approval. @S-1234, ARK ORD. (Con) 1-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM SF-12 (SINGLE FAMILY-12) TO 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 517 E. SANDY LAKE ROAD AT THE SOUTHWEST CORNER OF HOLLY STREET, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, TREE SURVEY, FLOOR PLAN AND ELEVATIONS , ATTACHED HERETO AS EXHIBITS “B”, “C-1” AND “C-2”, “D”, “E”, “F-1 AND F-2”; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. S-1234-SF-12 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning 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 517 E. Sandy Lake Road at 1 TM 13229.2.00 the southwest corner of Holly Street, for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That the Special Use Permit to allow the construction of a 4,255-square-foot church, is hereby approved subject to the following special conditions: (A) The development shall be in accordance with the site plan, landscape plan, tree survey, floor plan and elevations. (B) A Tree Removal Permit is required prior to the start of construction. (C) That the area depicted for parking on the Site Plan, Exhibit “B,” shall be used exclusively for off-street parking. SECTION 3. That the site plan, landscape plan, tree survey, floor plan and elevations shall be attached hereto as Exhibits “B”, “C-1”, “C-2”, “D”, “E”, “F-1” and “F-2” and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the 2 TM 13229.2.00 validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2007. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb) [01/24/07] 3 TM 13229.2.00 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING February 13, 2007 10/G ✔ ORDINANCE Consider approval of an Ordinance for a text amendment to the Code of Ordinances, Sec. 12-30-4.1 and 12-30-12.5 Gravel, Sand, Stone or Petroleum Extraction to delete the requirement for a Special Use Permit and further approve the incorporation of Article 9-26 of the Code of Ordinances "Oil and Gas Drilling and Production" regulating the drilling and production of oil and gas wells within the City, and authorizing the Mayor to sign. On November 16, 2006, the Planning Commission unanimously recommended approval of these changes (6-0). Commissioner Frnka was absent. On January 9, 2007, Council unanimously approved these changes (6-0). Councilmember Tunnell was absent. Staff recommends approval. @TA, Gravel Sand etal (Con) 1-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 12, COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, TEXAS, BY AMENDING SECTION 12-8-0 BY ADDING NUMBER 11. TO PROVIDE FOR OIL AND GAS DRILLING; BY AMENDING SECTION 12-25-1 BY ADDING NUMBER 22. TO PROVIDE FOR OIL AND GAS DRILLING , BY AMENDING SECTIONS 12-30-4.1 AND 12-30-12.5 GRAVEL, SAND, STONE OR PETROLEUM EXTRACTION BY DELETING THE REQUIREMENT FOR A SPECIAL USE PERMIT AND FURTHER REFERENCE CHAPTER 9, SECTION 26, OF THE CODE OF ORDINANCES “OIL AND GAS DRILLING AND PRODUCTION,” REGULATING THE DRILLING AND PRODUCTION OF OIL AND GAS WELLS WITHIN THE CITY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a Special Use Permit is required for oil and gas drilling and petroleum extraction; and, WHEREAS, while the permitting of this use is ultimately the responsibility of the Texas Railroad Commission, with participation by the Texas Commission on Environmental Quality (TCEQ), Environment Projection Agency (EPA) and other various agencies, municipalities may impose reasonable restrictions, but may not prohibit this use; and, WHEREAS, the City Council has adopted by ordinance provisions regulating oil and gas drilling within the city; and, WHEREAS, it is necessary to protect the general health, safety, and welfare of the citizens in the event that a viable well site is discovered; and, WHEREAS, it is no longer necessary to regulate this use under the Special Use Permit provisions of the Comprehensive Zoning Ordinance; and, WHEREAS, the Planning and Zoning Commission has reviewed the proposed amendment and has sent a recommendation to the City Council to approve the said amendment to the specified sections; and WHEREAS, the City Council is of the opinion that Sections 12-8-0, 12-25-1, 12-30-4.1 and 12-30-12.5 of the Zoning Ordinance should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS; SECTION 1. That the Code of Ordinance of the City of Coppell, Texas, be, and the same is, hereby amended by amending Chapter 12, Sections 12-8-0 and 12-25-1 by adding a 1 TM 13314.2.00 provision for oil and gas drilling; and by amending Sections 12-30-4.1 and 12-30-12.5 by deleting the requirement for a SUP and to provide reference to Chapter 9, Section 26, which shall read as follows: “Chapter 12 ZONING . . . . . Sec. 12-8-0. Use regulations. . . . . . 11. Oil and gas drilling and extraction. . . . . . Sec. 12-25-1. Use regulations. . . . . . 22. Oil and gas drilling and extraction. Sec. 12-30-4. "A" agricultural district. 1. Sand or gravel extraction or storage and other mining activities, except oil and gas extraction or drilling.1 . . . . . Sec. 12-30-12. "LI" light industrial. . . . . . 5. Sand or gravel extraction or storage and other mining activities, except oil and gas extraction or drilling.1 . . . . .” SECTION 2. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby repealed, and all other 2 TM 13314.2.00 provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. That this ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2007 APPROVED: ______________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _______________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 1/31/07) 1 Oil and gas drilling regulations are governed by Chapter 9, Section 26 of the Code of Ordinances. 3 TM 13314.2.00 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ ȱ PLANNING February 13, 2007 10/H ✔ ORDINANCE Consider approval of an Ordinance for Case No. ZC-621-H(CH) amending the Land Use Plan designation from Light Industrial/Showroom to Historic and zoning change from LI (Light Industrial) to H (Historic) on approximately 17.2 acres of property located along the east side of Hammond Street, north of Burns, being a portion of the property commonly referred to as the Carter Crowley Tract, and authorizing the Mayor to sign. On December 21, 2006, the Planning and Zoning Commission unanimously recommended approval of both requests (7-0). On January 9, 2007, Council unanimously approved both requests (6-0) . Councilmember Tunnell was absent. Staff recommends APPROVAL. @ZC-621(CH) ORD. (Con) 1-AR 1 TM 13230.2.000 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 H (HISTORIC) ON 17.2 ACRES OF PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” AND FURTHER AMENDING, IN PART, THE LAND USE MAP OF THE COMPREHENSIVE PLAN BY CHANGING THE DESIGNATION FROM LIGHT INDUSTRIAL/SHOWROOM TO HISTORIC ON THE TRACT OF LAND AS DESCRIBED HEREIN, AND AUTHORIZING THE DIRECTOR OF PLANNING TO AMEND THE LAND USE MAP IN ACCORDANCE THE EXHIBIT “B”, ON APPROXIMATELY 17.2 ACRES OF PROPERTY LOCATED ALONG THE EAST SIDE OF HAMMOND STREET, NORTH OF BURNS, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. ZC-621(CH) should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from LI (Light Industrial) to H (Historic) on approximately 17.2 acres of property being more particularly described in Exhibit “A” and further amending, in part, the Land Use Map of the Comprehensive Plan by changing the 2 TM 13230.2.000 designation from Light Industrial/Showroom to Historic designation on the tract of land as described herein, on approximately 17.2 acres of property being more particularly described in Exhibit “B”, attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be used only in the manner and the purpose provided in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 3. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 4. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning 3 TM 13230.2.000 Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 8. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2007. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY Tract 1 Being the 17.2 acre portion (Tract 1) out of the 22.18 acre tract defined below. EXHIBIT “A” EXHIBIT "B" WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ ȱ ȱ PLANNING February 13, 2007 11 ✔ PUBLIC HEARING Consider approval of Case No. PD-221-HC, Duke Lesley Addition, zoning change request from HC (Highway Commercial) to PD-221-HC (Planned Development-221-Highway Commercial) to allow for tilt-wall construction and additional attached signage on the office buildings that are 50,000-square-feet or larger and to allow for the development of mixed uses, including retail, office, and hotel on a total of 78.5 acres of property located at the northwest corner of IH-635 and South Beltline Road. The following condition applies: 1) On the PD Conditions, Section 8 Building Signage shall read as follows: For buildings in excess of 50,000-square feet, signage shall be limited to a maximum of 600-square-feet per building with no more than two signs on any one building facade. On January 18, 2007, the Planning Commission recommended APPROVAL of this zoning change request (7-0), subject to the above-mentioned condition, with Commissioners Borchgardt, Frnka, Kittrell, McCaffrey, Haas, Fox and Reese voting in favor. None opposed. Staff recommends APPROVAL. @1PD-221-HC, Duke Lesley 1-AR CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: PD-221-HC, Duke Lesley Addition P&Z HEARING DATE: January 18, 2007 C.C. HEARING DATE: February 13, 2007 STAFF REP.: Gary L. Sieb, Planning Director LOCATION: At the northwest corner of IH-635 and Beltline Road SIZE OF AREA: 78.5 acres of property CURRENT ZONING: HC (Highway Commercial) REQUEST: Zoning change from HC (Highway Commercial) to PD-221-HC (Planned Development-221-Highway Commercial) to allow tilt- wall construction and additional attached signage on office buildings that are 50,000-square-feet or larger and to allow the development of mixed uses, including retail, office and hotel on a total of 78.5 acres of property. APPLICANT: Duke Realty Alex Bennett, P.E. 5495 Beltline Road Suite 360 Dallas, Texas 75254 (972) 361-6700 Fax: (972) 361-6800 HISTORY: Council approved a zoning change on this portion of the Leslie tract from A (Agriculture) to HC (Highway Commercial) on December 12, 2006. At the same time, a plat was approved on the entire 184-acre parcel to construct two major streets through the property. Also at that time, the applicant indicated that a second ITEM # 5 Page 1 of 3 zoning request to Planned Development would be made on 78 acres of the overall site in early 2007. TRANSPORTATION: Beltline Road is a P6D major thoroughfare built to standard in a 120-foot right-of-way. LBJ Freeway is an interstate highway built to federal highway guidelines. The extension of Dividend Drive, a C4U, is being constructed through this property and will be a four- lane undivided roadway contained within a 90-foot right-of-way. A second road, Point West Boulevard, is also under construction here and will be a local street of 32-feet width contained within a 50-foot right-of-way with five-foot easements along each side. SURROUNDING LAND USE & ZONING: North –middle school and warehousing; LI (Light Industrial) South –developing commercial; City of Irving East – vacant; A (Agriculture) West – office, developing commercial; LI (Light Industrial), City of Irving COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable for freeway office and commercial uses. DISCUSSION: As indicated in the HISTORY section of this report, the applicant indicated to Council during the initial A to LI and HC zoning hearing that he would be filing a zoning change from HC to PD to allow tilt-wall construction (HC zoning does not allow it) and request that buildings over 50,000-square feet be allowed to have additional signage. The area changing to PD, which would allow these conditions, basically runs south of the extension of Dividend Drive and includes 78 of the 184-acre parcel. The conceptual plans of building elevations submitted with this application show structures that, although tilt-wall, depict some imagination in their design and can be supported by staff. The uses proposed to be allowed in the PD are currently recognized in the Zoning Ordinance, and are generally allowed in more restrictive zoning districts than the requested PD-HC. Hence, staff has no objection to their inclusion in the PD document. The applicant has also asked to modify our signage regulations in this project. Basically, business zoning allows a maximum of 300-square feet of signage per building. What this applicant proposes in his PD conditions is four separate signs up to 300-square feet for each building over 50,000- square feet in size. That seems a bit excessive, and the applicant will have to justify this request at the Public Hearing. ITEM # 5 Page 2 of 3 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request as it relates to a change of zoning from HC (Highway Commercial) to Planned Development regarding tilt-wall construction. We have some misgivings regarding the extent to which the applicant wishes to alter our normal signage requirements. Although he wishes to limit the additional signage to buildings over 50,000-square feet, we have any number of buildings larger than that which conform to our current regulations with no apparent problem. Unless staff has missed something here, the applicant will have to justify this condition to the Commission. 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) Zoning Exhibit 2) Conceptual Master Plan 3) Planned Development Conditions document 4) Conceptual Elevations of Structures (4) ITEM # 5 Page 3 of 3 PD-221-HC PD-221-HC General purpose and description. The PD-221-HC district is intended to alter the HC zoning to include concrete tilt wall construction for office buildings of at least 50,000 square feet in size. Additionally, the district serves to alter the signage restrictions for office buildings located in the described area. Sec. 1. Use regulations. A building or premise shall be used only for the following purposes: 1. Auto parts sales (new). 2. Barber and beauty shop. 3. Business or trade school. 4. Business support services. 5. College or university. 6. Communications services. 7. Community centers (public or private). 8. Consumer repair services. 9. Drug store or pharmacy. 10. Dry cleaning and laundry. 11. Exhibition hall. 12. Film developing and printing. 13. Financial services. 14. Florist (no outside storage). 15. Furniture stores. 16. Hardware store. 17. Hospital. 18. Jeweler (retail). 19. Laboratory: Scientific, research, testing, medical, dental, or optical so long as all operations are conducted indoors. 20. Meat market (retail only). 21. Municipal buildings. 22. Other general retail sales of similar nature and character as provided in this section, subject to the following conditions: (A) that it be conducted wholly within an enclosed building; (B) that required yards not be used for display, sale or storage or merchandise, or for the storage of vehicles, equipment, containers or waste material; (C) that all merchandise be first-hand and be sold at retail on the premises; and (D) that such use does not promote objectionable odors, excessive light, smoke, dust, noise, vibration or similar type nuisance. 23. Office/Warehouse (warehouse being limited to a maximum of 20 percent of the gross floor area). 24. Personal services. 25. Pet services. 26. Photography studio. 27. Postal facilities. 28. Printing shop or company (retail only). 29. Professional and administrative offices where services are provided only and no chattels or goods are offered for sale on the premises, including but not limited to doctors, dentists, attorneys, architects, engineers, urban planners, insurance, real estate, banks and similar offices. 30. Radio, television or microwave receiving dish (subject to screening regulations; see section 12-33-1). 31. Temporary buildings for use incidental to construction work on the premises, which said building shall be removed. 32. Any use permitted by special use permit, as listed in section 12-30-9, subject to the exceptions set forth in section 12-22-2. (Ord. No. 91500-A-30; Ord. No. 91500-A-129; Ord. No. 91500-A-275, § 1, 12-12- 00; Ord. No. 91500-A-375, § 1, 5-11-04) Sec. 2. Non-permitted uses. For clarity, the following uses, though not limited to the following, are specifically not permitted uses within the "HC" district even with a special use permit. 1. Airport. 2. Crop production. 3. Kennels. 4. Any use requiring outside storage. 5. Pawn shops. 6. Seed store. 7. Used automobile sales or display, repair garages, tire and seat cover shops, or auto laundries unless incidental to a service station. 8. Self-storage or mini-warehouses. (Ord. No. 91500-A-30; Ord. No. 91500-A-129) Sec. 3. Area and height regulations. 1. Minimum size of yards: (A) Front yard: 60 feet. (B) Side yard: 30 feet. (C) Rear yard: 20 feet. 2. Minimum size of lot: (A) Lot area: 10,000 square feet (B) Lot width: No minimum. (C) Lot depth: No minimum. 3. Lot coverage: In no case shall more than 50 percent of the lot be covered by buildings. 4. Height restrictions: Maximum height of 20 stories, but limited to 70 feet on any portion of the site within 300 feet of property zoned or used for A, SF- ED, SF-18, SF-12, SF-9, SF-7, SF-0, 2F-9, TH-1, or TH-2. In addition, no structure may exceed the maximum height limitations as established by the Dallas/Fort Worth International Airport Board. (Ord. No. 91500-A-30; Ord. No. 91500-A-129) Sec. 4. Parking requirements. Required off-street parking shall be provided in accordance with the specific uses set forth in article 31. No more than 50 percent of the required parking shall be utilized in the front yard. No parking or loading shall be permitted within 20 feet of the front property line. (Ord. No. 91500-A-30; Ord. No. 91500-A-129) Sec. 5a. Type of exterior construction All structures shall be 80 percent masonry exterior exclusive of doors and windows. Stucco is permitted by special use permit only. 1. Masonry is further defined as brick and stone of earth tone colors, other brick colors shall be permitted as accent provided that, in combination, accent materials and non-masonry materials do not exceed the 20 percent non-masonry benchmark on any one facade. 2. Flat roofs and parapet walls around flat roofs shall have a cornice, cap or other detail with a vertical dimension equal to at least three percent of the height of the building. Where as architectural feature extends above the roofline, and is visible from a public right-of-way, then the back side of this feature shall be finished of a material that is of the same or similar material as the front of this feature, i.e. brick. Pitched roofs shall have roofing material of a lusterless neutral/earth tone or green color. Green colors shall be limited to dark forest greens, gray greens, pale bluish-gray greens, slate greens and copper patina. Metal roofs may be standing seam either with a baked-on lusterless finish or made of copper. 3. Exterior wall surfaces should consist of no more than three colors; a base color, and/or a trim color, and/or an accent color. The base color may be utilized on up to 100 percent of the surface area of any one facade of a building. Another color, other than a base color, shall be permitted on up to only five percent of the surface area of any one facade, and an accent color on up to only one percent of the surface area of any one facade. For calculation purposes, wall surfaces should include eaves, gables and parapets, but should exclude roofs, awnings, or signs. 4. Glass should not exceed 50 percent of the total area of any one facade of a building. 5. Awnings are limited to canvas, or a lusterless, non-metal material that closely resembles canvas, at least 98 percent of which is a single deep or neutral solid color. The remaining up to two percent, if different, shall be contrasting. Awnings shall not be backlit. Lettering and logos should be limited to a monogram, not exceeding 20 percent of the sign area. (Ord. No. 91500-A-30; Ord. No. 91500-A-129; Ord. No. 91500-A-319, §§ 1, 2, 3- 19-02) Sec. 5b. Type of exterior construction- Office buildings greater than 50,000 SF. All structures shall be 80 percent masonry exterior exclusive of doors and windows. Stucco is permitted by special use permit only. 6. Masonry is further defined as concrete tilt wall, brick, stone and faux stone of earth tone colors, other brick colors shall be permitted as accent provided that, in combination, accent materials and non-masonry materials do not exceed the 20 percent non-masonry benchmark on any one facade. 7. Exterior wall surfaces should consist of no more than three colors; a base color, and/or a trim color, and/or an accent color. The base color may be utilized on up to 100 percent of the surface area of any one facade of a building. Another color, other than a base color, shall be permitted on up to only five percent of the surface area of any one facade, and an accent color on up to only one percent of the surface area of any one facade. For calculation purposes, wall surfaces should include eaves, gables and parapets, but should exclude roofs, awnings, or signs. 8. Glass should not exceed 50 percent of the total area of the building facade. 9. Awnings are limited to canvas, or a lusterless, non-metal material that closely resembles canvas, at least 98 percent of which is a single deep or neutral solid color. The remaining up to two percent, if different, shall be contrasting. Awnings shall not be backlit. Lettering and logos should be limited to a monogram, not exceeding 20 percent of the sign area. Entry canopies are not defined as awnings. (Ord. No. 91500-A-30; Ord. No. 91500-A-129; Ord. No. 91500-A-319, §§ 1, 2, 3- 19-02) Sec. 6. Landscaping requirements. Landscape requirements shall be provided according to article 33. Additionally, those areas which are specified within the Coppell Streetscape Plan shall be adhered to. (Ord. No. 91500-A-30; Ord. No. 91500-A-129) Sec. 7. Reserved. Editor's note: Ord. No. 91500-A-318, § 3, adopted March 19, 2002, repealed § 12-22-7 in its entirety. Formerly, said section pertained to site plan review as adopted by Ord. No. 91500-A-30, as amended. See the Code Comparative Table. Sec. 8 Building Signage. For office buildings in excess of 50,000 SF, signage shall be limited to a maximum of 600-square feet per building with no more than two (2) signs on any one building facade. WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING February 13, 2007 12 ✔ PUBLIC HEARING Consider approval of Case No. PD-220-SF-12, Alexander Court, to amend the land use designation on the Comprehensive Land Use Plan from Neighborhood Retail to Residential Low Density on approximately four acres of property along Denton Tap Road and a zoning change request from C (Commercial) to PD-220-SF-12 (Planned Development-220 Single Family-12), with a Detail Site Plan, to allow the development of 26 single-family homes on approximately 18+ acres of property located at the northwest corner of Bethel and Denton Tap Roads. The following conditions shall be addressed prior to approving an Ordinance to establish this PD and prior to submission of a Final Plat for this property: (PLEASE SEE THESE CONDITIONS ON THE NEXT PAGE) On January 18, 2007, the Planning Commission recommended APPROVAL of the Land Use amendment and zoning change request (7-0), subject to the nine conditions, with Commissioners Borchgardt, Frnka, Kittrell, McCaffrey, Haas, Fox and Reese voting in favor. None opposed. Staff recommends APPROVAL. @2PD-220, Alexander Ct. 1-AR Agenda Narrative Form - Revised 1/99 CONDITIONS RELATING TO PD-220-SF-12, ALEXANDER COURT: 1) Establish all common areas as separately platted “X” lots of sufficient size to assure that all common area improvements (walls and landscaping) are within those lots, and adjust lot sizes accordingly. x These appear to be established; however, no two drawings match (Site Plan, Landscape Plan, hand drawn, “Rock Wall Center Line” plan and Screen Wall Entry Features Exhibit) in terms of location of wall, materials used and wall heights. 2) Relocate the proposed wall along Denton Tap Road to the west side of the existing sanitary sewer easements and revise Concept Landscape Plan and common area lot accordingly. x It appears conceptually to be O.K., except the north end of the fence needs to angle in towards property to provide access to existing manhole. The sidewalk needs to be revised from 4’ to 5’ in width. 3) Complete the Tree Survey/Mitigation Plan as required in Sec. 12-34-2 of the Zoning Ordinance, and compare to the Bethel Road Improvement Plans. x Corrected retribution calculations are attached, per John Elias. Additional surveying of trees in the creek area that are to be preserved could potentially reduce the $18,700 fee. Also the Landscape Plan needs to be sealed by a Landscape Architect. 4) Submission of HOA documents to assure perpetual maintenance of all common areas. x No applicable documents submitted, and the notes on Plat/Site Plan need to be revised – including, but not limited to, deletion of “homeowners will be assessed $500 on Jan 15th”, easement wording needs to be added and spelling errors need to be corrected. 5) Resolve the conflicts with the size of the property and the boundary of proposed Lot 8. x Need to verify size of property. x Adding a PD condition which states “In the event that the Lot 8 property line is relocated, then this portion of the property shall be rezoned and replatted.” 6) Revise the name of the entry street -- Enclave is an existing street in the City of Coppell. x See attached memo from Tim Oates, Fire Marshal – Alexander Court needs to be changed… conflict with existing Alex Drive. Ruth Way is O.K. 7) Add notation to the areas outlined in the cul-de-sacs and at the entry drive that it is enhanced paving. x Note added, but due to it being in the street right-of-way, needs to be stamped concrete and approved by the Engineering Department. Enhanced paving will not be permitted at the intersection of Ruth Way and Bethel. 8) The preliminary construction plans for Bethel Road show a grade differential adjacent to Lots 21, 22, and 26. Please be advised that prior to the installation of the screening wall and the development of those lots, the correct grade that matches the Bethel Road plans will need to be established. 9) Park Development Fees in the amount of $1,285.00 per lot. AGENDA REQUEST NARRATIVE From: Tim Oates To: Marcie Diamond Date: 1/31/2007 4:27:34 PM Subject: Street name change Ms. Diamond, I apologize for not catching this at the DRC review. Mr. Hawkins is developing the Alexander Tract at the NW corner of W. Bethel Rd and S. Denton Tap. His desire is to name the two (2) streets in the development Ruth and Alexander. Our concerns, as well as the Police Dept's, is that we already have a street named Alex in the Parkview Addition off Parkway and the emergency responders may become confused with the similar names. I recommend the applicant come up with a new name for Alexander Ct. Several other street names that are 'fun' for Emergency Services: Parkway, Park (twice), Parkwood, Park Valley, Park Valley Ct., Park Meadow, Woodpark, Parker, Lake Park, Parr Meadowcreek, Meadowlark, Meadowview, Meadowview Cir., Park Meadow, Meadowglen, Meadowrun, Highland Meadow, Clover Meadow Pintail, Penfolds, Penuel Asher, Archer, Alder Tim Oates Coppell Fire Department Deputy Chief - Prevention & Building Div. 500 Southwestern Blvd. Coppell, Texas 75019 Office # 972/304-7055 Fax # 972/304-3514 Appendix K Determination of Retribution Credits Non-Residential Property GROSS RETRIBUTION 930 inches (DBH) Minus (-) PRESERVATION CREDIT: Trees Preserved on site 2877 inches (DBH) Divided by Total Trees on Site 3807 inches (DBH) Preservation Percentage 76 % Times (x) Gross Retribution 930 inches (DBH) Equals (=) PRESERVATION CREDIT 703 inches (DBH) Minus (-) LANDSCAPE CREDIT: 40 inches (DBH) Equals (=) NET RETRIBUTION 187 inches (DBH) Times (x) $100.00 Equals (=) Contribution to City of Coppell Reforestation and Natural Areas Fund $18,700 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: PD-220-SF-12, Alexander Court P&Z HEARING DATE: January 18, 2007 C.C. HEARING DATE: February 13, 2007 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: Northwest corner of Bethel and Denton Tap Roads SIZE OF AREA: Approximately 18+ acres CURRENT ZONING: C (Commercial) REQUEST: Amend the Land Use Plan on approximately four acres of property from Neighborhood Retail to Low Density Residential and a zoning change from C (Commercial) to PD-220-SF-12 (Planned Development-220-Single Family-12) on approximately 18+ acres, to allow the development of 26 single-family homes. APPLICANT: Owner: Engineer: Mr. John Hawkins Kelly Zwinggi Mira Mar Dev. Corp. Zwinggi Engineering/Planning, LLC 6003 Sunderland Drive 150 Parish Lane, #337, P.O. Box 1247 Colleyville, TX 76034 Roanoke, TX 76262 (817) 996-6698 (940) 390-0040 FAX: (817) 329-1792 FAX: (817) 961-0299 Surveyor: Landscape Architect: Bill Bartlett Tricia Amador Woliver, ASLA Sempco Surveying, Inc. 6825 Studebaker Drive 3208 South Main Street McKinney, Texas 75071 Fort Worth, Texas 76110 (469) 734-6764 (817) 926-7876 FAX: (972) 562-8861 FAX: (817) 926-7878 ITEM # 6 Page 1 of 6 HISTORY: In 2003 staff initiated several rezonings and Comprehensive Land Use Plan amendments to provide consistency between the built environment, the Land Use Plan and the Zoning Map. With this tract in particular, staff initiated a Land Use Plan Amendment from Neighborhood Retail to Low Density Single Family and a rezoning from Commercial to Single Family- 12 on approximately 14 acres, leaving the remaining four acres of frontage along Denton Tap Road for non-residential uses. At that time the property owners opposed the rezoning, but did accept the amendment to the Land Use Plan. TRANSPORTATION: Denton Tap Road is a P6D divided major arterial built to standard in a 150’ right-of-way. SURROUNDING LAND USE & ZONING: North – SF-12 (Single-family) South– PD-108-SF-9 (Single-family), and PD-108-LI (Light Industrial undeveloped property), H (Historic park land) East – R (Retail – hair salon) West – SF-12 (Single-family) COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the eastern portion (approximately four acres) of the property as suitable for Neighborhood Retail and the western portion (approximately 14 acres) for Residential, Low Density. DISCUSSION: The applicant has recently purchased this former homestead of the Alexander family and desires to subdivide this property into 26 large single-family lots. The applicant stated that they intend to sell these developed lots to David Weekly Homes, who will build their “Custom Classic Series”, with minimum house size of 4,000-square feet. Some price ranges will exceed one million dollars. While this land use and requested rezoning is fully supported by staff, there are significant technical issues which must be addressed prior to consideration by Council. Typically, staff would not forward this request even for the Planning and Zoning Commission’s recommendation until many, if not all, of these issues have been resolved, but the applicant stated that timing is a major issue and a delay would have a devastating effect on the project. It is assumed that once these technical issues are fully addressed, the plan will not be essentially different, except that the establishment of common area lots will reduce buildable lot sizes (all should still exceed ITEM # 6 Page 2 of 6 12,000-square feet), and there will be revisions to the perimeter landscaping and tree mitigation plans. COMMON AREAS/ “X LOTS”/HOA DOCUMENTS During the initial review of this request, staff explained to the applicant that the landscape buffer areas, including the screening walls and landscaping along Denton Tap and Bethel Roads, as required in the Streetscape and Zoning Ordinances, need to be platted as separate common area (X) lots to assure perpetual maintenance of these areas, without burdening the individual homeowners and/or the City. This has yet to be done. These areas are still shown as easements, with a note that they will maintained by the HOA. However, it has been the City’s experience, especially when these areas affect multiple homeowners, that long-term maintenance becomes very problematic. The establishment of these common area lots will affect the size of the abutting lots; however, they should still exceed the 12,000-square-foot minimum required. The draft HOA documents submitted by the applicant were inadequate and actually conflicted with some aspects of the Zoning Ordinance, and, therefore, need to be revised and resubmitted. On January 11, 2007, the applicant submitted a draft set of David Weekly HOA documents for a project in Dallas, also not applicable for this project. CONCEPT LANDSCAPE PLAN Denton Tap Road - Parallel to Denton Tap Road are 20- and 25-foot wide sanitary sewer easements. The Engineering Department (see attached) will not permit a screening wall within those easements. Therefore, the required screening wall needs to be moved to the west side of those easements, effectively increasing the landscape buffer area (Common Area Lot) from 15- to 20/25-feet in depth. This revision also needs to be reflected on the Concept Landscape Plan. Bethel Road - There are issues with the tree survey/mitigation plan and the proposed landscape buffer/screening wall/common area lot along Bethel Road. First, as drawn, the required screening wall undulates, and some portions appear to be either on the easement line or totally outside of the easement, which would not allow for HOA maintenance of the wall. This easement needs to be a common area lot, wide enough to accommodate all proposed walls and landscaping. Second, the Tree Removal Plan appears to indicate that approximately 35 trees east of the proposed main entry street will remain. However, those trees are actually within the R.O.W. for Bethel Road. A table of trees to remain and to be removed, as required ITEM # 6 Page 3 of 6 in Sec. 12-34-2 of the Zoning Ordinance, must also be included. This list of preserved/removed trees needs to be compared to the Bethel Road improvement plans. Finally, the Concept Landscape Plan is not compliant with Section 12-33-1.8 of the Zoning Ordinance which states that over-story trees should be provided between 25- and 50-feet on-center. The plan indicates that some trees could potentially be preserved along the western portion of the site; however, as designed, there are no over- story (street trees) planned for the remainder of Bethel Road and all of Denton Tap Road. At a minimum, 9 to 15 over-story trees need to be provided along Denton Tap and approximately the same number along Bethel Road, depending on how many existing trees can be preserved. CONFLICTS IN PROPERTY BOUNDARIES/ACERAGE Another significant issue relates to the property description and potential conflicts with an abutting property owner. The initial application indicated that the property in question is an 18.7-acre tract of land. The legal description submitted on the site plan and preliminary plat indicated that this property is 18.277 acres in size. The legal description on the most recent submission states that the property is actually 18.423 acres in size. In addition, the property owner to the west reviewed the site plan and stated that it appears a portion of the proposed Lot 8 is actually his land. These boundary line issues need to be resolved prior to legally establishing the PD Zoning and/or approving a plat for this land. MINOR AND DRAFTING ISSUES The following issues are minor in nature, but need to be corrected: 1) Revise the name of the entry street, Enclave is an existing street in the City of Coppell 2) Add notation to the areas outlined in the cul-de-sacs and at the entry drive that it is enhanced paving. 3) Revise the Legend to reflect the symbols actually used on the site plan. 4) Correctly note/and or verify the minimum 85-foot lot width on all lots, if any lots are less than 85-feet wide, list width and lot numbers as a PD Condition. 5) Revise note #3 from “site” easements to “sight” easements at intersections. 6) Revise note #1 – Requested Variance to the Zoning Ordinance to : “ Minimum front and rear building lines shall be as indicated on the individual lots” 7) Add a note indicating that “No building permits shall be issued for Lots 7 through 17 until a LOMA or a LOMR is received, and these lots are replatted to indicate the revised ITEM # 6 Page 4 of 6 flood plain line, unless the Final Plat is not filed until the revision to the flood plain line is approved by FEMA as prescribed herein.” 8) Update Table of Lot sizes once common area lots are defined. Given the number and severity of some of these development concerns, to reiterate, staff would normally either recommend denial or not bring this case forward to Planning Commission until most, if not all, of these issues were addressed. However, the applicant had requested that this case proceed, and staff is in support of this use. However, this case will not be placed on City Council’s agenda until these issues have been satisfactorily resolved (or addressed). LAND USE PLAN AMENDMENT As mentioned in the HISTORY Section, this property, as well as most properties fronting Denton Tap Road, have been envisioned on the Future Land Use Plan for retail/office uses. However, given the limited access to this property from Denton Tap Road and the limited visibility given the close proximity of the bridge makes commercial development problematic. Therefore, it is reasonable to eliminate the non-residential uses along Denton Tap Road in support of this residential plan, which has lots backing to Denton Tap Road, with a screening wall and wide landscape buffer. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of an amendment to the Land Use Plan on approximately four acres from Neighborhood Retail to Low Density Residential and a zoning change from C to PD-220-SF-12, subject to the following conditions: 1) Establish all common areas as separately platted “X” lots, of sufficient size to assure that all common area improvements (walls and landscaping) are within those lots, and adjust lot sizes accordingly. 2) Relocate the proposed wall along Denton Tap Road to the west side of the existing sanitary sewer easements and revise Concept Landscape Plan and common area lot accordingly. 3) Complete the Tree Survey/Mitigation Plan as required in Sec. 12-34-2 of the Zoning Ordinance, and compare to the Bethel Road Improvement Plans. 4) Revise the Concept Landscape Plan to indicate over-story (street trees) along Denton Tap and Bethel Roads, where trees are not being otherwise preserved. 5) Submission of HOA documents to assure perpetual maintenance of all common areas. 6) Resolve the conflicts with the size of the property and the boundary of proposed Lot 8. 7) Correct the eight (8) items listed under MINOR AND DRAFTING ISSUES. ITEM # 6 Page 5 of 6 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) Department Comments (Engineering/Parks) 2) Zoning Exhibit/Detail Site Plan 3) Landscape Plan and Details (2 pages) 4) Screening Wall and Entry Feature Concept Elevations 5) Tree Removal Plan 6) Color exhibit of screening wall materials ITEM # 6 Page 6 of 6 Alexander Court WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING February 13, 2007 13 ✔ PRESENTATION Consider approval of the Alexander Court, Lots 1-26 Block A, Preliminary Plat, to allow the subdivision of 26 single-family lots on approximately 18+ acres of property located at the northwest corner of Bethel and Denton Tap Roads. The following conditions shall be addressed prior to submission of a Final Plat for this property: (PLEASE SEE THESE CONDITIONS ON THE FOLLOWING PAGE) On January 18, 2007, the Planning Commission recommended APPROVAL of this Preliminary Plat (7-0), subject to nine conditions, with Commissioners Borchgardt, Frnka, Kittrell, McCaffrey, Haas, Fox and Reese voting in favor. None opposed. Staff recommends APPROVAL. @3Alexander Ct., PP 1-AR Agenda Narrative Form - Revised 1/99 ALEXANDER COURT PRELIMINARY PLAT CONDITIONS 1) Establish all common areas as separately platted “X” lots of sufficient size to assure that all common area improvements (walls and landscaping) are within those lots, and adjust lot sizes accordingly. x These appear to be established; however, no two drawings match (Site Plan, Landscape Plan, hand drawn, “Rock Wall Center Line” plan and Screen Wall Entry Features Exhibit) in terms of location of wall, materials used, wall height, etc. 2) Submission of HOA documents to assure perpetual maintenance of all common areas. x No applicable documents submitted, and the notes on Plat/Site Plan need to be revised – including, but not limited to, deletion of “homeowners will be assessed $500 on Jan 15th”, easement wording needs to be added and spelling errors need to be corrected. 3) Resolve the conflicts with the size of the property and the boundary of proposed Lot 8. 4) Revise the name of the entry street -- Enclave is an existing street in the City of Coppell. x See attached memo from Tim Oates, Fire Marshal – Alexander Court needs to be changed… conflict with existing Alex Drive. Ruth Way is O.K. 5) Add PD Conditions to Preliminary Plat as revised on the PD Site Plan. 6) The preliminary construction plans for Bethel Road show a grade differential adjacent to Lots 21, 22, and 26. Please be advised that prior to the installation of the screening wall and the development of those lots, the correct grade that matches the Bethel Road plans will need to be established. 7) Add a note to the Plat that Lots 7-19 cannot be built on until a LOMA or LOMR has been obtained. 8) The plat shows that the existing 20-foot sanitary sewer easement will be abandoned. Additional comments will be generated during the plan review on the actual technique used to abandon the sanitary sewer after the easement has been abandoned. This will require removal of the existing manholes and plugging the ends of the existing sanitary sewer lines. 9) Additional comments may be generated upon detailed engineering review. AGENDA REQUEST NARRATIVE From: Tim Oates To: Marcie Diamond Date: 1/31/2007 4:27:34 PM Subject: Street name change Ms. Diamond, I apologize for not catching this at the DRC review. Mr. Hawkins is developing the Alexander Tract at the NW corner of W. Bethel Rd and S. Denton Tap. His desire is to name the two (2) streets in the development Ruth and Alexander. Our concerns, as well as the Police Dept's, is that we already have a street named Alex in the Parkview Addition off Parkway and the emergency responders may become confused with the similar names. I recommend the applicant come up with a new name for Alexander Ct. Several other street names that are 'fun' for Emergency Services: Parkway, Park (twice), Parkwood, Park Valley, Park Valley Ct., Park Meadow, Woodpark, Parker, Lake Park, Parr Meadowcreek, Meadowlark, Meadowview, Meadowview Cir., Park Meadow, Meadowglen, Meadowrun, Highland Meadow, Clover Meadow Pintail, Penfolds, Penuel Asher, Archer, Alder Tim Oates Coppell Fire Department Deputy Chief - Prevention & Building Div. 500 Southwestern Blvd. Coppell, Texas 75019 Office # 972/304-7055 Fax # 972/304-3514 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case: Alexander Court, Lots 1-26, Block A, Preliminary Plat P&Z HEARING DATE: January 18, 2007 C.C. HEARING DATE: February 13, 2007 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: Northwest corner of Bethel and Denton Tap Roads. SIZE OF AREA: Approximately 18+ acres CURRENT ZONING: C (Commercial) REQUEST: To allow the subdivision of 26 single-family lots. APPLICANT: Owner: Engineer: Mr. John Hawkins Kelly Zwinggi Mira Mar Dev. Corp. Zwinggi Engineering/Planning, LLC 6003 Sunderland Drive 150 Parish Lane, #337, P.O. Box 1247 Colleyville, TX 76034 Roanoke, TX 76262 (817) 996-6698 (940) 390-0040 FAX: (817) 329-1792 FAX: (817) 961-0299 Surveyor: Landscape Architect: Bill Bartlett Tricia Amador Woliver, ASLA Sempco Surveying, Inc. 6825 Studebaker Drive 3208 South Main Street McKinney, Texas 75071 Fort Worth, Texas 76110 (469) 734-6764 (817) 926-7876 FAX: (972) 562-8861 FAX: (817) 926-7878 ITEM #7 Page 1 of 3 HISTORY: In 2003 staff initiated several rezonings and Comprehensive Land Use Plan amendments to provide consistency between the built environment, the Land Use Plan and the Zoning Map. With this tract in particular, staff initiated a Land Use Plan amendment from Neighborhood Retail to Low Density Single Family and a rezoning from Commercial to Single Family- 12 on approximately 14 acres, leaving the remaining four acres of frontage along Denton Tap Road for non-residential uses. At that time the property owners opposed the rezoning, but did accept the amendment to the Land Use Plan. TRANSPORTATION: Denton Tap Road is a P6D divided major arterial built to standard in a 150’ right-of-way. SURROUNDING LAND USE & ZONING: North – SF-12 (Single-family) South– PD-108-SF-9 (Single-family), and PD-108-LI (Light Industrial - undeveloped property), H (Historic park land) East – R (Retail – hair salon) West – SF-12 (Single-family) COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the eastern portion (approximately four acres) of the property as suitable for Neighborhood Retail and the western portion (approximately 14 acres) for Residential, Low Density. DISCUSSION: The Preliminary Plat is essentially identical to the Site Plan/Zoning Exhibit discussed in the previous case. Therefore, approval of this preliminary plat will be subject to many of the same conditions, except that additional conditions from the Engineering and Fire Departments relating to the Utility Plan have been added. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Alexander Court, Lots 1-26, Block A, Preliminary Plat, subject to the following conditions: 1) Establish all common areas as separately platted “X” lots, of sufficient size to assure that all common area improvements (walls and landscaping) are within those lots, and adjust lot sizes accordingly. 2) Update Table of Lot sizes once common areas lots are defined. ITEM #7 Page 2 of 3 3) Submission of HOA documents to assure perpetual maintenance of all common areas. 4) Resolve the conflicts with the size of the property and the boundary of proposed Lot 8. 5) Revise the name of the entry street, Enclave is an existing street in the City of Coppell 6) Add PD Conditions to Preliminary Plat as herein revised. 7) Correctly note and/or verify the minimum 85-foot lot width on all lots, if any lots are less than 85-feet wide, list width and lot numbers as a PD Condition. 8) Revise note #1 – Requested Variance to the Zoning Ordinance to: “ Minimum front and rear building lines shall be as indicated on the individual lots” 9) Revise “site” easements to “sight” easements at intersections. 10) Add a note indicating that “No building permits shall be issued for Lots 7 through 17 until a LOMA or a LOMR is received, and these lots are replatted to indicate the revised flood plain line, unless the Final Plat is not filed until the revision to the flood plain line is approved by FEMA as prescribed herein.” 11) Attached Department comments relating to easements, water lines, fire hydrant placement, etc. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Preliminary Plat 2) Department comments (Engineering/Fire) ITEM #7 Page 3 of 3 Alexander Court WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING February 13, 2007 14 ✔ PRESENTATION Consider approval of the Coppell/121 Office Park, Lot 3, Block 1, Site Plan, to allow the development of an approxi- mate 8,290-square-foot, one-story office building on 1.23 acres of property located along the north side of S.H. 121, approximately 1,400 feet west of Denton Tap Road. The following condition remains: 1) Reduce the size of the proposed monument sign to 4’x10’. On January 18, 2007, the Planning Commission recommended APPROVAL of this Site Plan (7-0), subject to the above-mentioned conditions, with Commissioners Borchgardt, Frnka, Kittrell, McCaffrey, Haas, Fox and Reese voting in favor. None opposed. Staff recommends APPROVAL. @4Cop121OP, L3,B1,SP 1-AR CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case: Coppell/121 Office Park, Lot 3, Block 1, Site Plan P&Z HEARING DATE: January 18, 2007 C.C. HEARING DATE: February 13, 2007 STAFF REP.: Matt Steer, City Planner LOCATION: Along the north side of S.H. 121, approximately 1,400 feet west of Denton Tap Road. SIZE OF AREA: 1.23 acres of property CURRENT ZONING: HC (Highway Commercial) REQUEST: Site Plan approval to allow the development of an approximate 8,290-square-foot one-story office building. APPLICANT: Owner: Engineer: Tom Wouters Konstantine Bakintas, P.E. RCP, Coppell No. 1, Ltd. Baird, Hampton & Brown, Inc. 32 Village Lane, Suite 200 920 S. Main Street Colleyville, Texas 76034 Old Main Place, Ste. 190 Phone # (817) 488-4200 Grapevine, Texas 76051 Fax # (817) 424-2448 Phone # (817) 338-1277 Fax # (817) 251-8810 HISTORY: The proposed lot, Lot 3, Block 1, was included in an 8.38 acre, seven-lot Preliminary Plat approved on January 13, 2004. Concurrent with that approval was a Final Plat and Site Plan for the first lot, Lot 2, Block 1, to be developed as a professional office. It has since been replatted to provide additional parking for a medical office use, construction has been completed, and the building is occupied. ITEM # 8 Page 1 of 3 TRANSPORTATION: Denton Tap Road is a P6D divided major arterial built to standard in a 150’ right-of-way. Construction of State Highway 121 has recently been completed as a 140’ six-lane divided tollway facility within a 450’ right-of-way. SURROUNDING LAND USE & ZONING: North - residential; PD-134R-SF7 (Planned Development-134 Revised- Single Family-7) South - vacant and residential; PD-133-R-HC and SF-9 (Planned Development 133-Revised-Highway Commercial and Single Family-9) East - medical office; HC (Highway Commercial) West - vacant; HC (Highway Commercial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for regional retail uses. DISCUSSION: The submitted Site Plan shows the layout of an 8,290-square-foot office on 1.23 (+/-) acres of property. This lot is located approximately 1,400’ west of Denton Tap Road and is the second lot to be developed of a larger seven-lot office subdivision, preliminary platted in 2004. There is a fire lane and a common access easement shown extending from the east, providing access to this property. It encircles the building and then extends to the lot west of this proposal. The northern boundary of the property is to be screened with a six-foot solid masonry wall and a 10’- wide landscape buffer area. The applicant is proposing four Shumard Oaks and 12 Austrian Pines, well exceeding the six required trees for this area. This will better screen the site from the residential uses to the north and continue with the landscaping already in place to the east. The parking ratio of one space per 300-square-feet of building area is applicable to this proposed professional office use. The applicant has provided 39 parking spaces, exceeding the minimum parking requirement of 28. Four of the parking spaces depicted on the plan are not included within these calculations, as they are currently included with the calculations of the adjacent property to the east. The building will duplicate what was built on the adjacent lot to the east. It will have two doors and signage on each elevation, except the rear. The materials to be used consist of a brownish red brick veneer on each elevation with stone on the bottom two to three feet of the front and side elevations. The wood columns on the front (south elevation) are to be ITEM # 8 Page 2 of 3 painted an off-white color. Dark navy blue awnings are proposed above each window. A monument sign is shown on the Site Plan with details shown on the elevations. It will need to be reduced in size to 4’x10’ per the Zoning Ordinance, as this lot is less than two acres in area. It is suggested that this sign be perpendicular to the frontage road to provide greater visibility, but this is not a requirement of the Ordinance. Also shown on the elevations is the six foot solid masonry wall. It has columns shown every 10’ and will match that on the adjacent property to the east. There are only minor technical items remaining, and these are outlined below within the conditions of approval. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request, subject to the following conditions: 1) Revise the Landscape Plan to show six trees required along the northern property line (one tree per 40’). 2) Reduce the size of the proposed monument sign to 4’x10’ and consider placing it perpendicular to the street. 3) Compliance with the Fire Department comments shown on the attached departmental comment sheet. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Site Plan 2) Landscape Plan/Tree Survey 3) Elevations 4) Departmental comment sheet ITEM # 8 Page 3 of 3 ZoningProposed UseLot Area (SF)Building Area (SF)Required Parking (1/300 sf)Provided ParkingTotal Paved Area (SF)Total Open Space (SF) 9,423 (17.6%)Site CharacteristicsLot 3, Blk 1 Coppell/ 121 Office Park - Site Data Table8,290 (16%)Highway CommercialBusiness/Office2839 (+ 4 shared = 43)27,740 (51.7%)53,614 (100%) WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING February 13, 2007 15 ✔ PRESENTATION Consider approval of the Coppell/121 Office Park, Lot 3, Block 1, Final Plat, to allow the development of an approxi- mate 8,290-square-foot, one-story office building on 1.23 acres of property located along the north side of S.H. 121, approximately 1,400 feet west of Denton Tap Road. The following conditions remain: 1) Include recording information for both counties when existing easements span the County line. 2) Compliance with the following Fire Department comment: a) Fire hydrant shall be private. Therefore, the double detector check valve will be required to be 8" to accommodate both the fire hydrant and automatic fire sprinkler system. On January 18, 2007, the Planning Commission recommended APPROVAL of this Final Plat (7-0), subject to the above-mentioned conditions, with Commissioners Borchgardt, Frnka, Kittrell, McCaffrey, Haas, Fox and Reese voting in favor. None opposed. Staff recommends APPROVAL. @5Cop121OP,L3,B1,FP 1-AR CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case: Coppell/121 Office Park, Lot 3, Block 1, Final Plat P&Z HEARING DATE: January 18, 2007 C.C. HEARING DATE: February 13, 2007 STAFF REP.: Matt Steer, City Planner LOCATION: Along the north side of S.H. 121, approximately 1,400 feet west of Denton Tap Road. SIZE OF AREA: 1.23 acres of property CURRENT ZONING: HC (Highway Commercial) REQUEST: Final Plat approval to allow the development of an approximate 8,290-square-foot one-story office building. APPLICANT: Owner: Engineer: Tom Wouters Konstantine Bakintas, P.E. RCP, Coppell No. 1, Ltd. Baird, Hampton & Brown, Inc. 32 Village Lane, Suite 200 920 S. Main Street Colleyville, Texas 76034 Old Main Place, Ste. 190 Phone # (817) 488-4200 Grapevine, Texas 76051 Fax # (817) 424-2448 Phone # (817) 338-1277 Fax # (817) 251-8810 HISTORY: The proposed lot, Lot 3, Block 1, was included in an 8.38 acre, seven-lot Preliminary Plat approved on January 13, 2004. Concurrent with that approval was a Final Plat and Site Plan for the first lot, Lot 2, Block 1, to be developed as a professional office. It has since been replatted to provide additional parking for a medical office use, construction has been completed, and the building is occupied. ITEM #9 Page 1 of 3 TRANSPORTATION: Denton Tap Road is a P6D divided major arterial built to standard in a 150’ right-of-way. Construction of State Highway 121 has recently been completed as a 140’ six-lane divided tollway facility within a 450’ right-of-way. SURROUNDING LAND USE & ZONING: North - residential; PD-134R-SF7 (Planned Development-134 Revised- Single Family-7) South - vacant and residential; PD-133-R-HC and SF-9 (Planned Development 133-Revised-Highway Commercial and Single Family-9) East - medical office; HC (Highway Commercial) West - vacant; HC (Highway Commercial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for regional retail uses. DISCUSSION: This is the companion request to the Site Plan for Lot 3, Block 1 Coppell 121 Office Park. As mentioned in the HISTORY Section, this is the second lot to be final platted of seven lots that were preliminarily platted in January of 2004. The Denton/Dallas County line bisects this lot; therefore, filing will be required in both counties. There are several existing easements and four to be dedicated by this plat. There is an existing 10’ Coserv (electric) easement adjacent to the northern property line, a 20’ TUEC & Coserv (electric) easement abutting the S.H. 121 right-of-way and a 40’ drainage easement on the southeastern section of the lot. Directly to the north of the 40’ drainage easement is an existing 20’ utility easement proposed to be extended to the west. An existing 20’ utility easement on the north side of the building is also proposed to be extended to the west. Finally, a 20’ drainage easement, located within the front yard parking area, and a 24’ fire lane and mutual access easement, encircling the building and providing a connection between the adjacent lots, are proposed. As with the Site Plan request, there are only minor technical items to be addressed, and these are outlined below in the conditions of approval. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request, subject to the following conditions: 1) Include recording information for both counties when existing easements span the County line. ITEM #9 Page 2 of 3 2) Compliance with the attached Fire Department 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) Departmental comment sheet 2) Final Plat ITEM #9 Page 3 of 3 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ ȱ Parks & Recreation February 13, 2007 16 ✔ CONTRACT/BID or PROPOSAL Consider approval of awarding bid No. Q-0107-01, for the installation of West and East Sandy Lake Road landscaping & irrigation, to A&A Landscape & Irrigations LP, in the amount of $637,442.51, and authorizing the City Manager to sign the resulting contract. Please see attached memo Funds are available in the Roadway Impact and Escrow accounts for this project. ^W&E Sandy Lake Landscape PARKS AND RECREATION DEPARTMENT CITY COUNCIL AGENDA ITEM Date: February 13, 2007 To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Re: Consider approval of awarding bid No. Q-0107-01, for the installation of West and East Sandy Lake Road landscaping & irrigation, to A&A Landscape & Irrigations LP, in the amount of $637,442.51, and authorizing the City Manager to sign the resulting contract. Background: The award of this contract will authorize the installation of landscape and irrigation within the newly developed medians along West and East Sandy Lake Road. The median improvements on West Sandy Lake will extend from North Coppell Road to HWY 121 and the improvements on East Sandy Lake from MacArthur Blvd. to the Trinity River Bridge. The total distance of these improvements cover approximately 1.7 miles. The landscaping will feature plant materials and hardscape elements selected to reduce water consumption, create interest in the drive, minimize maintenance efforts and create beautiful entrances into the city. Bids for this project closed on January 30, 2007, at which time 7 bids were opened. Base bids ranged from a net low of $637,442.51 (A&A Landscape & Irrigations, LP), to a net high of $812,771.82 (Cole Construction, Inc.). A&A Landscape & Irrigations is the company that performed the work on the Sandy Lake medians from MacArthur Blvd. to Denton Tap. The project was professionally done and completed in a timely fashion. The contract time to be allocated for the project is 110 days from the date of the Notice to Proceed. Included in the contract will be an incentive of $240.00 per day that the contractor reaches substantial completion prior to 110 days. Also, the contractor will be responsible for making payment to the city in the amount of $240.00 per day that the work remains incomplete past the contract period. A&A Landscape & Irrigations, LP is the lowest, most responsible bidder and is recommended for award of this bid. City Council Action requested: Consider approval of awarding bid No. Q-0107-01, for the installation of West and East Sandy Lake Road landscaping & irrigation, to A&A Landscape & Irrigations LP, in the amount of $637,442.51, and authorizing the City Manager to sign the resulting contract. Staff Recommendation: Approval of this item. West and East Sandy Lake Raod Landscape and Irrigation ImprovementsBid Q-0107-01Bid TabulationJanuary 30, 2007- 10:00 a.m.A & A Landscape & Irrigations, L.P.Braunbeck Contruction Services*Texas Environmental Management SA, Inc.C. Green Scaping L.P.Rodman LandscapesRiverway Contractors & Mgmt., Inc.Cole Construction, Inc.East Sandy Lake$144,698.62$158,026.81$158,011.72$162,354.27$172,604.19$184,790.85$198,368.68West Sandy Lake$492,743.89$508,916.66$511,987.13$533,428.83$583,183.99$600,731.15$614,403.14Total Bid$637,442.51$666,943.47$669,998.85$695,783.10$755,788.18$785,522.00$812,771.82Calendar Days110N/A180150126135270*No Bid Bond WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Manager February 13, 2007 17 ✔ RESOLUTION Consider approval of a Resolution to support legislation in the Texas Legislature requiring mandatory disclosure of real property sales prices to appraisal districts to ensure the fair and equitable valuation and taxation of all real property in the State of Texas and authorizing the Mayor to sign. Staff recommends approval. !PropSlsDisclo Dallas Central Appraisal District October 26, 2006 «Name» «CityISD» «Address» «Citystate» RE: Sales Disclosure Resolution Dear «Dear» On October 4, 2006, the Dallas Central Appraisal District unanimously passed the attached resolution to encourage the Texas Legislature to enact legislation mandating the disclosure of real property sales prices. We believe that mandatory real property sales disclosure is sound public policy. In order for appraisal districts to accurately and equitably value real property, sales price information is a necessary tool. The lack of sales price information has distorted property values for certain classes of property, most notably commercial real estate, and shifted the tax burden to middle class residential property owners. Commercial sales and sales of high-end residential properties are for the most part unavailable on a voluntary basis. The appraisal district for the most part is put in a position of not knowing the sales prices or finding out about the sales price too late in the year to reflect current market value. In addition, the information that we do receive through third party sources is many times inaccurate and causes us to arrive at incorrect values. This situation can be solved with the mandatory disclosure of real property sales prices. Texas is one of five states in the country that does not have some kind of disclosure law in place. Another compelling reason for the passage of sales disclosure is the potential revenue gains to the taxing jurisdictions that will result from more accurate appraisals. The three charts below are a summary of the Comptroller’s Final Findings for the 2003 and 2004 Property Value Study and the 2005 Preliminary Findings for the Property Value Study. 2003 Final Findings State Category Statewide CAD Value PTD Estimate of Value Difference A Single Family Residential $593,360,567,955 $607,433,568,103 -$14,073,000,148 B Multi-Family Residential $55,245,957,986 $57,506,669,879 -$2,260,711,893 C Vacant Lots $27,398,669,338 $28,463,703,834 -$1,065,034,496 D Rural Real Property $53,758,179,719 $54,651,959,667 -$893,779,948 F1 Commercial Real Property $174,770,393,354 $182,142,582,444 -$7,372,189,090 F2 Industrial Real Property $67,425,881,039 $67,425,881,039 $0 G Oil, Gas, and Minerals $39,474,282,252 $39,035,339,066 $438,943,186 Office of Chief Appraiser 2949 N. Stemmons Freeway z Dallas, Texas 75247-6195 z (214) 631-0520 J Utilities $38,882,521,320 $39,143,342,853 -$260,821,533 L1 Commercial Personal $86,307,145,296 $87,292,760,874 -$985,615,578 L2 Industrial Personal $55,587,540,617 $55,587,540,617 $0 M1 Mobile Homes $5,357,026,434 $5,357,026,434 $0 N Intangible Personal $1,214,949,725 $1,214,949,725 $0 O Residential Inventory $4,895,909,142 $4,895,909,142 $0 S Special Inventory $3,514,648,590 $3,514,648,590 $0 Totals $1,207,193,672,767 $1,233,665,882,267 -$26,472,209,500 2004 Final Findings State Category Statewide CAD Value PTD Estimate of Value Difference A Single Family Residential $638,031,599,296 $649,020,832,934 -$10,989,233,638 B Multi-Family Residential $56,609,417,371 $60,239,558,012 -$3,630,140,641 C Vacant Lots $28,341,244,387 $29,641,109,798 -$1,299,865,411 D Rural Real Property $56,080,134,196 $57,238,539,945 -$1,158,405,749 F1 Commercial Real Property $178,577,672,798 $192,580,317,986 -$14,002,645,188 F2 Industrial Real Property $67,101,847,596 $67,101,847,596 $0 G Oil, Gas, and Minerals $51,889,539,655 $51,595,612,198 $293,927,457 J Utilities $39,771,817,669 $39,925,724,444 -$153,906,775 L1 Commercial Personal $92,216,478,695 $91,992,088,877 $224,389,818 L2 Industrial Personal $58,737,434,141 $58,737,434,141 $0 M1 Mobile Homes $5,427,726,549 $5,427,726,549 $0 N Intangible Personal $464,931,396 $464,931,396 $0 O Residential Inventory $5,336,923,903 $5,336,923,903 $0 S Special Inventory $3,389,001,170 $3,389,001,170 $0 Totals $1,281,975,768,822 $1,312,691,648,949 -$30,715,880,127 2005 Final Findings State Category Statewide CAD Value PTD Estimate of Value Difference A Single Family Residential $688,166,719,005 $707,090,772,694 -$18,924,053,689 B Multi-Family Residential $61,592,594,311 $64,063,803,362 -$2,471,209,051 C Vacant Lots $30,490,273,996 $31,973,260,818 -$1,482,986,822 D Rural Real Property $59,312,101,212 $61,184,614,115 -$1,872,512,903 F1 Commercial Real Property $193,511,586,389 $209,204,288,845 -$15,692,702,456 F2 Industrial Real Property $68,363,613,951 $68,363,613,951 $0 G Oil, Gas, and Minerals $67,412,630,466 $66,592,687,637 $819,942,829 J Utilities $39,941,946,875 $39,750,730,118 $191,216,757 L1 Commercial Personal $95,932,476,597 $96,191,230,683 -$258,754,086 L2 Industrial Personal $64,903,211,948 $64,903,211,948 $0 M1 Mobile Homes $5,559,280,374 $5,559,280,374 $0 N Intangible Personal $11,095,432 $11,095,432 $0 O Residential Inventory $6,184,563,645 $6,184,563,645 $0 S Special Inventory $3,969,091,569 $3,969,091,569 $0 Totals $1,385,234,853,430 $1,425,042,245,191 -$39,807,391,761 As you can see the Comptroller’s estimate of value is $96,992,481,388 higher than the values as reported. The categories that mandatory sales disclosure would affect most are Categories A (single family), B (multi- family), C (vacant lots), D (rural acreage), and F1 (commercial real). The loss in value for these five categories by year is as follows: Category 2003 2004 2005 Category A: Single Family $14,073,000,148 $10,989,233,638 $18,924,053,689 Category B: Multi-Family $2,260,711,893 $3,630,140,641 $2,471,209,051 Category C: Vacant Lots $1,065,034,496 $1,299,865,411 $1,482,986,822 Category D: Rural Acreage $893,779,948 $1,158,405,749 $1,872,512,903 Category F1: Comm. Real $7,372,189,090 $14,002,645,188 $15,692,702,456 TOTAL $25,664,715,575 $31,080,290,627 $40,443,464,921 The average statewide combined property tax rate for all taxing units as calculated based on the Comptroller’s data was $2.39 per hundred dollars of value in 2003 and $2.41 per hundred dollars of value in 2004. The average 2005 rates have not yet been released. For purposes of this illustration we will use $2.40 per hundred dollars of value as the average rate for all three years. If lack of sales disclosure has caused value to escape taxation the amount of revenue lost for the last three years would be: Tax Year Value Lost Avg. Tax Rate Lost Revenue 2003 $25,664,715,575 $2.40/100 $615,953,174 2004 $31,080,290,627 $2.40/100 $745,926,975 2005 $40,443,464,921 $2.40/100 $970,643,158 TOTAL $101,789,621,885 $2.40/100 $2,332,523,307 As you can see by the illustration above, almost $2.33 billion in tax revenue would be generated by the passage of sales disclosure. With the current shortfalls in many taxing unit budgets this revenue source cannot be ignored. Currently Senator Jeff Wentworth and Representative Mike Villarreal, both of San Antonio, have indicated they will introduce sales disclosure legislation in the 2007 Regular Session. The Texas Association of Appraisal Districts is working closely with the Legislature to move this issue forward during the 2007 Regular Session. Most local realtors have indicated their support for sales disclosure. In order to bring this issue to the attention of the Legislature we need your help. Attached to this letter is a copy of the same resolution that was passed by the DCAD Board of Directors. The resolution has been reworded for your taxing jurisdiction. To show your support for this important issue we would like your governing body to pass this resolution. Once passed, please send a copy of your resolution to my attention and it will be forwarded to members of the Legislature to show them the support that exists for this issue. Please present this resolution to your governing body as soon as is practical. The staff at DCAD and I stand ready to answer any questions concerning this issue that you or your governing body may have. We appreciate your time and consideration on this important issue and look forward to your support on this matter. Very truly yours, W. Kenneth Nolan, RTA, RPA, CTA Executive Director/Chief Appraiser Attachment SALES DISCLOSURE RESOLUTION WHEREAS, with the passage of the Property Tax Code by the Texas Legislature in 1979, all property is to be valued at fair market value; and WHEREAS, the Property Tax Code requires the application of generally accepted appraisal methods and techniques; and WHEREAS, appraisal districts in Texas must apply the techniques in compliance with the Uniform Standards of Professional Appraisal Practice; and WHEREAS, the Uniform Standards of Professional Appraisal Practice and the Property Tax Code require the use of three methods of appraisal; the cost approach, the income approach, and the market data approach; and WHEREAS, these three approaches to value require the use of real property sales data; and WHEREAS, this data is mostly unavailable to appraisal districts in Texas; and WHEREAS, the unavailability of sales data causes the inequitable undervaluation of commercial properties; and WHEREAS, this inequitable undervaluation of commercial property unfairly shifts the burden of taxation to homeowners; and WHEREAS, the State of Texas and all taxing entities are losing billions of dollars in potential revenue due to the undervaluation of commercial properties; and WHEREAS, Texas is one of only five states that does not require mandatory sales price. NOW, THEREFORE BE IT RESOLVED that the City of Coppell calls on the Governor of the State of Texas and our representatives in the Texas Legislature to adopt legislation requiring the mandatory disclosure of real property sales prices to appraisal districts to ensure the fair and equitable valuation and taxation of all real property in the State of Texas DATE: February 13, 2007 ITEM #: 18    AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: February 13, 2007 ITEM #: 19  AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork DATE: February 13, 2007 ITEM #: 20   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: February 13, 2007 Department Submissions: Item No. 8 was placed on the Agenda for the above-referenced City Council meeting by the Police Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Police Department Item Nos. 10/B and 10/C were placed on the Agenda for the above- referenced City Council meeting by the Engineering Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Engineering Department Item No. 10/D was placed on the Agenda for the above-referenced City Council meeting by the Human Resources Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Human Resources Department Item Nos. 10/E, 10/F, 10/G, 10/H, 11, 12, 13, 14 and 15 were placed on the Agenda for the above-referenced City Council meeting by the Planning Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Planning Department Item No. 16 was placed on the Agenda for the above-referenced City Council meeting by the Parks Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Parks Department 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)