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CP 2007-05-08 NOTICE OF CITY COUNCIL MEETING AND AGENDA MAY 8, 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, May 8, 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. ag050807 Page 1 of 8 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. To seek legal advice from City Attorney concerning proposed agreements with Dart regarding railroad and grade reconstruction and maintenance. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road. WORK SESSION (Open to the Public) 3. Convene Work Session A. Review of Council Strategy and Goal Setting. B. Discussion of Agenda Items. Adjourn Work Session. PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. ag050807 Page 2 of 8 ITEM # ITEM DESCRIPTION 7. Consider approval of a proclamation congratulating Coppell High School students on their appointments to military academies, and authorizing the Mayor to sign. 8. Citizens' Appearances. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: April 24, 2007. B. Consider the approval of a Resolution authorizing the City of Coppell to enter into a Local Project Advance Funding Agreement (LPAFA) with the State of Texas for voluntary local government contributions to transportation improvement projects; providing for the Federal funding of the IH 635 westbound frontage road, west of Belt Line Road; authorizing the Mayor to sign and providing an effective date. C. Consider approval of an Ordinance for Case No. PD-108R2.2-SF-9, The Reserve, Lot 11, Block B, zoning change from PD-108R2-SF-9 (Planned Development-108 Revision 2-Single Family-9) to PD- 108R2.2-SF-9 (Planned Development-108 Revision 2.2-Single Family- 9) to allow up to 30% stucco and to permit alternate paving materials for the driveway on property located at 725 Penfolds Lane, and authorizing the Mayor to sign. D. Consider approval of an Ordinance for Case No. PD-221R-HC, Duke Lesley Addition, zoning change from PD-221-HC (Planned Development-221-Highway Commercial) to PD-221R-HC (Planned Development-221 Revised-Highway Commercial) to attach a Detail Site Plan to allow for a 182,700-square-foot office building on 11.85 acres of property located at the southwest corner of the proposed extension of Dividend Drive and S. Beltline Road, and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. S-1215R-C, Kountry Donuts & Cafe, zoning change from S-1215-C (Special Use Permit- 1215-Commercial) to S-1215R-C (Special Use Permit-1215 Revised- Commercial), to allow a 1,400-square-foot restaurant with drive- through service on 0.49 of an acre of property located along the ag050807 Page 3 of 8 ITEM # ITEM DESCRIPTION west side of S. Denton Tap Road, approximately 500 feet north of Southwestern Boulevard, and authorizing the Mayor to sign. F. Consider approval of an Ordinance for Case No. S-1237-C, Da Dusty Cellar, zoning change request from C (Commercial) to S- 1237-C (Special Use Permit-1237-Commercial) to allow a 3,000- square-foot convenience/retail store to be located at 751 S. MacArthur Blvd., #505, and authorizing the Mayor to sign. G. Consider approval of an Ordinance for Case No. S-1238-C, Kegs N Cellar, zoning change from C (Commercial) to S-1238-C (Special Use Permit-1238-Commercial) to allow a 2,850-square-foot convenience/retail store to be located at 777 S. MacArthur Blvd., #413-417, and authorizing the Mayor to sign. H. Consider approval of an Ordinance for Case No. S-1240-R, DeVine Cellars, zoning change from R (Retail) to S-1240-R (Special Use Permit-1240-Retail) to allow a 2,981-square-foot retail/convenience store and tasting room to be located at 115 W. Sandy Lake Road, and authorizing the Mayor to sign. END OF CONSENT 10. PUBLIC HEARING: Consider approval of a Resolution granting a variance of three hundred (300') feet to Harun Bruno Ceka (Siena Pasta & Pizza) 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 780 S. MacArthur Boulevard, Suite 100; and authorizing the Mayor to sign. 11. PUBLIC HEARING: Consider approval of Case No. PD-213R2-H, Lost Creek Townhomes, zoning change request from H (Historic) to PD-213R2-H (Planned Development-213 Revision 2-Historic) with a Detail Site Plan, to allow the development of 25 residential units, recreation, open space and common areas on 4.57 acres of property and a Concept Plan for commercial uses on approximately one acre of property located along the east side of Coppell Road, approximately 210 feet north of Bethel Road. ag050807 Page 4 of 8 ITEM # ITEM DESCRIPTION 12. PUBLIC HEARING: Consider approval of Case No. PD-214R2-SF-9 and C, Arbor Manors, zoning change request from C (Commercial), R (Retail) and SF-9 (Single Family–9) to PD-214R2-SF-9 and C (Planned Development-214 Revision - 2 Single-Family-9 and Commercial), with a Concept Site Plan to allow the development of 73 single-family homes on approximately 24 acres and commercial uses on approximately five acres of property located south of Sandy Lake Road; west of Denton Tap Road. 13. PUBLIC HEARING: Consider approval of Case No. S-1108R3-A, T-Mobile, zoning change request from S-1108-A (Special Use Permit-1108-Agriculture) to S-1108R3-A (Special Use Permit-1108 Revision 3-Agriculture), to allow for a wireless communication antenna to be mounted to an existing electric transmission tower, with an accessory cabinet at the base of the tower, located approximately 1,000-feet southwest of the intersection of MacArthur Boulevard and the transmission line easement; north of Belt Line Road. 14. PUBLIC HEARING: Consider approval of the Shadydale Acres, Lots 4R1 and 4R2, Block C, Replat, being a replat of Lot 4R, Block C, into two lots to allow the development of two single-family homes on 1.108 acres of property located along the east side of Shadydale Lane, 190’ north of Shady Oak Lane. 15. PUBLIC HEARING: Consider approval of Case No. PD-227-SF-12, Bellacere Addition, zoning change request from 2F-9 (Two Family-9 Residential) to PD-227-SF-12 (Planned Development-227-Single Family-12), to allow the construction of four single-family homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150-feet east of Summer Place Drive. 16. Consider approval of the Bellacere Addition, Lots 1-4, Block A, Preliminary Plat, to establish lot lines, easements and a fire lane to allow the construction of four single-family homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150-feet east of Summer Place Drive. 17. Consider granting the Planning & Zoning Commission Final Plat approval authority of the Bellacere Addition, Lots 1-4, Block A, to establish lot lines, easements and a fire lane to allow the construction of four single-family ag050807 Page 5 of 8 ITEM # ITEM DESCRIPTION homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150-feet east of Summer Place Drive. 18. PUBLIC HEARING: Consider approval of Case No. S-1216R, Cool Star Beverage, zoning change request from PD-157R6-C-S-1216 (Planned Development-157 Revision 6-Commercial–Special Use Permit- 1216) to PD-157R6-C-S-1216R (Planned Development-157 Revision 6-Commercial-Special Use Permit- 1216-Revised) to allow the operation of an approximate 1,600-square-foot retail/convenience store to be located at 809 S. MacArthur, Suite 125 (southwest corner of Belt Line Road and MacArthur Boulevard). 19. PUBLIC HEARING: Consider approval of Case No. S-1187R2-C, Pizza Inn, zoning change request from S-1187R-C (Special Use Permit-1187 Revised–Commercial) to S-1187R2-C (Special Use Permit-1187 Revision-2-Commercial) to allow a 1,425-square-foot expansion of the existing 1,050-square-foot take-out restaurant to include limited seating, game room and party room, located at 777 S. MacArthur Blvd., Suite 405. 20. Consider approval of an Ordinance for Case No. S-1239-C, Camp Bow Wow, zoning change from C (Commercial) to S-1239-C (Special Use Permit-1239-Commercial) to allow a 6,484-square-foot kennel with a screened 3,900-square-foot outside play area to be located at 769 S. MacArthur Boulevard, Suite #233, and authorizing the Mayor to sign. 21. PUBLIC HEARING: Consider approval of a text amendment to Chapter 12, Zoning, of the Code of Ordinances, Section 12-30-16. Restaurant to delete the requirement for Special Use Permits for restaurants, unless adjacent to a residential zoning district and/or has drive-through facilities, and further, to allow for the Administrative Approval of the expansion of existing restaurants, subject to certain conditions. 22. Consider approval of a Resolution expressing official intent to receive reimbursement for costs incurred in connection with the design costs related to road improvements for Coppell Road, Deforest Road and Southwestern Blvd. prior to the issuance of the bonds, and authorizing the Mayor to sign. 23. Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2006-1135, the budget for ag050807 Page 6 of 8 ITEM # ITEM DESCRIPTION Fiscal Year October 1, 2006 through September 30, 2007, and authorizing the Mayor to sign. 24. Consider approval of a Letter of Intent for a funeral home provider for a proposed municipal cemetery and authorizing the City Manager to sign. 25. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding the American Cancer Society Relay for Life. C. Report by Mayor Stover regarding the Council Retreat. 26. Necessary action resulting from Work Session. 27. Necessary Action Resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 4th day of May, 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. ag050807 Page 7 of 8 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). ag050807 Page 8 of 8 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: May 8, 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. To seek legal advice from City Attorney concerning proposed agreements with Dart regarding railroad and grade reconstruction and maintenance. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road. Agenda Request Form - Revised 02/04 Document Name: %executivesession DATE: May 8, 2007 ITEM #: WS-3 AGENDA REQUEST FORM WORK SESSION A. Review of Council Strategy and Goal Setting. B. Discussion of Agenda Items. Agenda Request Form - Revised 02/04 Document Name: %worksession 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 City Manager May 8, 2007 7 ✔ PROCLAMATION Consider approval of a proclamation congratulating Coppell High School students on their appointments to military academies, and authorizing the Mayor to sign. Matthew Hansen, West Point Parker Pope, Merchant Marines Michael Shuman, Naval Academy Staff recommends approval. !Academy PROCLAMATION WHEREAS, Matthew Hansen has received an appointment to West Point; and WHEREAS, Matthew has achieved high academic success, and now will combine that with honorable service to his country; and WHEREAS, this high honor recognizes Matthew for his academic achievement, his outstanding character, and his leadership abilities; and WHEREAS, the Coppell community is proud to claim Matthew Hansen as a citizen, and wishes to recognize his commitment to excellence which has led to this appointment. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do hereby congratulate Matthew Hansen on his appointment to West Point and wish him continued success in the future. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of May 2007. _____________________________________ Douglas N. Stover, Mayor ATTEST: ________________________ Libby Ball, City Secretary PROCLAMATION WHEREAS, Parker Pope has received an appointment to the Merchant Marines; and WHEREAS, Parker has achieved high academic success, and now will combine that with honorable service to his country; and WHEREAS, this high honor recognizes Parker for his academic achievement, his outstanding character, and his leadership abilities; and WHEREAS, the Coppell community is proud to claim Parker Pope as a citizen and wish to recognize his commitment to excellence which has led to this appointment. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do hereby congratulate Parker Pope on his appointment to the Merchant Marines and wish him continued success in the future. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of May 2007. _____________________________________ Douglas N. Stover, Mayor ATTEST: ________________________ Libby Ball, City Secretary PROCLAMATION WHEREAS, Michael Shuman has received an appointment to the Naval Academy at Annapolis; and WHEREAS, Michael has achieved high academic success, and now will combine that with honorable service to his country; and WHEREAS, this high honor recognizes Michael for his academic achievement, his outstanding character, and his leadership abilities; and WHEREAS, the Coppell community is proud to claim Michael Shuman as a citizen and wish to recognize his commitment to excellence which has led to this appointment. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do hereby congratulate Michael Shuman on his appointment to Annapolis and wish him continued success in the future. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of May 2007. _____________________________________ Douglas N. Stover, Mayor ATTEST: ________________________ Libby Ball, City Secretary DATE: May 8, 2007 ITEM #: 8 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 May 8, 2007 9/A ✔ PROCEDURAL Consider approval of minutes: April 24, 2007. Minutes of the City Council meeting held on April 24, 2007. Staff recommends approval. %minutes MINUTES OF APRIL 24, 2007 The City Council of the City of Coppell met in Regular Called Session on Tuesday, April 24, 2007, at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Billy Faught, Mayor Pro Tem Tim Brancheau, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Marvin Franklin, Councilmember Bill York, Councilmember Councilmember Peters was absent from the meeting. Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Work Session. WORK SESSION (Open to the Public) 2. Convene Work Session A. Discussion regarding Water Conservation. B. Discussion of Agenda Items. EXECUTIVE SESSION (Closed to the Public) 3. 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 cm042407 Page 1 of 10 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. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Lease of city-owned property. 2. Sale of land west of Denton Tap and south of Bethel. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road. Mayor Stover convened into Executive Session at 6:55 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 7:03 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Councilmember York led those present in the Invocation. 6. Pledge of Allegiance. Girl Scouts Stephanie Arterbery, Kimberly Cook, Kathryn Dunn, Sarah Kittrell, Kaitlin Sullivan and Kathryn White led those present in the Pledge of Allegiance. 7. Graduation ceremony for Leadership Coppell class of 2007. Presentation: Sharon Logan, Community Information Officer, assisted Mayor Stover in handing out certificates and congratulating the graduates of Leadership Coppell 2007. cm042407 Page 2 of 10 8. Consider approval of proclamations honoring recipients of the Girl Scout Gold Award, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to the Girl Scouts who were present. Action: Councilmember Franklin moved to approve proclamations honoring recipients of the Girl Scout Gold Award, and authorizing the Mayor to sign. Councilmember Tunnell seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 9. Consider approval of a proclamation naming the month of May 2007 Motorcycle Safety and Awareness Month, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Connie Thompson and Robert Pletcher. Action: Councilmember York moved to approve a proclamation naming the month of May 2007 Motorcycle Safety and Awareness Month, and authorizing the Mayor to sign. Councilmember Hinojosa-Flores seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 10. Consider approval of a proclamation naming April 25 as National Secretary's/Office Professional's Day, and authorizing the Mayor to sign. cm042407 Page 3 of 10 Presentation: Mayor Stover read the Proclamation for the record and presented the same to Allana Lamberth, Administrative Tech. Action: Councilmember Tunnell moved to approve a proclamation naming April 25 as National Secretary's/Office Professional's Day, and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 11. Consider approval of a proclamation naming April 29 - May 5 as Municipal Clerks Week, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Libby Ball, City Secretary. Action: Mayor Pro Tem Faught moved to approve a proclamation naming April 29-May 5 as Municipal Clerks Week, and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 12. Citizens' Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 13. Consider approval of the following consent agenda items: A. Consider approval of minutes: April 10, 2007. cm042407 Page 4 of 10 B. Consider approval to rescind the previously awarded Bid # Q-0906-02 for the Exterior Overcoating of Water Tower One to N.G. Painting, L.P. and to award the bid to Tri- Brothers Contracting in an amount of $95,000 as budgeted. Action: Councilmember Tunnell moved to approve Consent Agenda Items A and B. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 14. Consider approval of an Interlocal Agreement between the city of Coppell and D/FW International Airport for the development of property located at the southeast corner of Royal Lane and I.H. 635E; and authorizing the Mayor to sign. Mayor Stover advised that this item has been pulled from the agenda at the request of the D/FW International Airport. 15. Consider approval of an ordinance amending Chapter 3, Section 3-1-12 of the Code of Ordinances to amend the Daily Water Conservation and Drought Contingency Plan by restricting outside watering between the hours of 10:00 a.m. and 6:00 p.m.; and authorizing the Mayor to sign. Presentation: Ken Griffin, Director of Engineering and Public Works made a presentation to the Council. Action: Councilmember Hinojosa-Flores moved to approve Ordinance No. 2007-1162 amending Chapter 3, Section 3-1-12 of the Code of Ordinances to amend the Daily Water Conservation and Drought Contingency Plan by restricting outside watering between the hours of 10:00 a.m. and 6:00 p.m.; and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 6-0 cm042407 Page 5 of 10 with Mayor Pro Tem Faught and Councilmembers Brancheau, Hinojosa- Flores, Tunnell, Franklin and York voting in favor of the motion. 16. Consider approval of a variance from Chapter 226.167d(5) regarding the Texas Food Establishment Code to the Hard Eight Restaurant. Councilmember York filed a Conflict of Interest pursuant to Section 3.11 of the Coppell City Charter. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Mayor Pro Tem Faught moved to approve a variance to Article 6-8, Section 6-8-1 of the Code of Ordinance, Section 226-167(d)(5), 25 Tex. Admin. Code, to allow a non-enclosed meat serving area for the Hard Eight Restaurant located at 688 S. Freeport, Coppell, Texas, for the food health service permit subject to the monitoring procedures outlined in the application. In the event that the City Health Officer’s report determines that the system is ineffective or does not provide and maintain adequate health and safety standards, the permit holder shall enclose such serving area with screening material or other acceptable method approved by the City Health Officer. Councilmember Franklin seconded the motion; the motion carried 5-0-1 with Mayor Pro Tem Faught and Councilmembers Brancheau, Hinojosa-Flores, Tunnell and Franklin voting in favor of the motion and Councilmember York abstaining pursuant to Section 3.11 of the Coppell City Charter. 17. City Manager's Report. A. ICLEI. A. City Manager Jim Witt addressed the Council regarding the International Council for Local Environmental Initiatives and stated the City would be joining the organization where the City will work on a Comprehensive Sustainability Plan. cm042407 Page 6 of 10 18. Mayor and Council Reports. A. Report by Mayor Stover regarding Coppell Relay for Life Event April 28-29. B. Report by Mayor Stover regarding Education Foundation Recognition Dinner May 1. C. Report by Mayor Stover regarding Early Voting for School Board. D. Report by Mayor Stover regarding Youth Advisory Council Drug Forum. E. Report by Councilmember York regarding Employee Banquet. A. Mayor Stover advised that the Relay for Life Event would occur on April 28th and 29th beginning at 5:00 p.m. to be held at Wagon Wheel Park. This fundraiser benefits the American Cancer Society. B. Mayor Stover reported a recognition dinner would be held on May 1st sponsored by the Education Foundation to recognize the top 5% of graduating seniors, the Teacher of the Year from each campus and the Teacher of the Year at the secondary and elementary level. C. Mayor Stover announced that Dr. Arthur would be stepping down from his School Board position and thanked him for his service. Early voting for the May 12th election will be held April 30th through May 4th from 8:00 a.m. to 5:00 p.m. and Saturday, May 5th from 8:00 a.m. to 5:00 p.m., Sunday, May 6th from 1:00 p.m. to 6:00 p.m. and May 7th and 8th from 7:00 a.m. to 7:00 p.m. The election day will be Saturday, May 12th . D. Mayor Stover advised that the Youth Advisory Council had hosted a Drug Forum which was attended by a number of community leaders and community volunteers. A working group will be established to study remedies and solutions to the growing drug problem. E. Councilmember York reported that he, the Mayor and several Councilmembers had attended the Employee Banquet and he congratulated all the employees in winning their awards. Councilmember York asked Ken Griffin to give a brief summary of the meaning of Level V Leadership. Ken Griffin addressed Council regarding Level V Leadership and Good to Great and the award presented to Jim Witt at the banquet. cm042407 Page 7 of 10 19. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell. B. Coppell ISD – Mayor Pro Tem Faught and Councilmember York. C. Coppell Seniors – Mayor Pro Tem Faught and Councilmember Brancheau. D. Dallas Regional Mobility Coalition - Councilmember Peters. E. Economic Development Committee - Councilmembers Peters and Franklin. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Medical Foundation - Councilmember Hinojosa-Flores. H. Metrocrest Medical Services – Councilmember Hinojosa- Flores. I. Metrocrest Social Service Center – Councilmember York. J. North Texas Council of Governments - Councilmember Peters. K. NTCOG/Regional Emergency Management - Councilmember Franklin. L. North Texas Commission - Councilmember Brancheau. M. Senior Adult Services – Mayor Pro Tem Faught. A. Councilmember Tunnell reported that LISD would be holding a Spring Fling on May 19th from 1:00 p.m. until 6:00 p.m. at Hawaiian Falls in The Colony. The Lewisville High School orchestra will be performing at the State Capital on April 25th in the Rotunda. Graduation will be held on May 26th at 2:00 p.m. at North Texas. C/FBISD will be holding a community job fair on April 25th and a teacher job fair at Ranchview High School on April 28th. Ranchview will be playing in the bi-district softball playoffs on April 26th. Ranchview’s graduation will be held at Irving Bible Church at 7:00 p.m. on May 25th. B. Mayor Pro Tem Faught advised that Coppell Youth Leadership would be held on April 25th at the Chamber Luncheon. C. Councilmember Brancheau complimented the City Staff for all they are doing to bring programs and activities to the Seniors. D. There was nothing to report on this item. cm042407 Page 8 of 10 E. Councilmember Franklin reported that the Economic Development Committee had met on April 2nd and discussed redevelopment in Coppell and reviewed the goal of revitalizing Old Coppell. F. There was nothing to report on this item. G. There was nothing to report on this item. H. There was nothing to report on this item. I. Councilmember York announced that the Metrocrest Social Service Center had held their key holders breakfast and auction last week. Jim Witt reported that he and several Councilmembers had attended the event. 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 advised that Mary Harris is the new caseworker for the City of Coppell from Senior Adult Services. A new program called the “Caregivers’ Support Program” has been implemented. Senior Adult Services is scouting for a restaurant in the City of Coppell to hold their fundraiser sometime during the summer. 20. Necessary action resulting from Work Session. There was no action necessary under this item. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3,; and CB Parkway cm042407 Page 9 of 10 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. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Lease of city-owned property. 2. Sale of land west of Denton Tap and south of Bethel. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road. Mayor Stover re-convened into Executive Session at 8:39 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 9:43 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) 21. Necessary Action Resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary cm042407 Page 10 of 10 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 May 8, 2007 9/B ✔ RESOLUTION Consider the approval of a Resolution authorizing the City of Coppell to enter into a Local Project Advance Funding Agreement (LPAFA) with the State of Texas for voluntary local government contributions to transportation improvement projects; providing for the Federal funding of the IH 635 westbound frontage road, west of Belt Line Road; authorizing the Mayor to sign and providing an effective date. Approval of this agenda item will allow the City of Coppell and the Texas Department of Transportation to proceed with the implementation of the Local Project Advance Funding Agreement necessary for the construction of the westbound frontage road on IH 635, from Belt Line Road westward 0.55 miles, and the relocation of the westbound entrance ramp. All cost associated with this agreement will be paid by Duke Construction L.P. Staff recommends approval of the Local Project Advance Funding Agreement between the City of Coppell and TxDOT, with Duke Construction L.P. assuming all financial responsibility. # IH 635 Frontage Road Agmt MEMORANDUM TO:Mayor and City Council FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works DATE:May 8, 2007 REF: Consider approval of a resolution authorizing the City of Coppell to enter into a Local Project Advance Funding Agreement with the State of Texas, acting by and through the Texas Department of Transportation, in association with the widening of the westbound frontage road of IH 635, from Belt Line Road westward 0.55 miles, and the relocation of the westbound entrance ramp; and authorizing the Mayor to sign. Since early 2006, the City of Coppell has been working with representatives from Duke Realty Corporation concerning the development of the 'Lesley Tract'. On August 9, 2006 several proposed incentives were reduced to writing from the city to Duke Realty Corporation. One proposed incentive involved the Engineering Department and it stated: "The City will adjust the Major Thoroughfare Plan as well as provide assistance in discussions with TxDOT to facilitate a connector road to IH 635E . . . ". The assistance to be provided concerning TxDOT was actually two items. One was a designation of a street that connects to the frontage road of IH 635 as a street on our Thoroughfare Plan. This was important because TxDOT does not allow any road to intersect its frontage roads unless the road is contained on a City's Thoroughfare Plan. Even if the street is on the City's Thoroughfare Plan, TxDOT will still not allow it to intersect what they classify as a 'ramp' to or from the highway. Designation of a 'ramp' by TxDOT includes not only the physical intersection of the ramp to or from the highway, but also a distance on either side of the connection, which they classify as a 'no access' zone. On October 10, 2006, City Council approved a change to the City's official Thoroughfare Plan to add Lesley Drive as a 2-Lane Undivided Collector Street from Dividend Drive to IH 635. Since that time, Lesley Drive has been renamed as Point West Drive. Once the road was designated as a part of our Thoroughfare Plan, developers of the 'Lesley Tract' began meeting with representatives of TxDOT concerning the relocation of the entrance ramp and the ability to connect Point West Drive to the frontage road of IH 635. In March of this year, TxDOT provided a Local Project Advance Funding Agreement to the City of Coppell. This agreement based on Commission Minute Order Number #109460, authorizes the State to undertake and complete a highway improvement generally described as widening the westbound frontage road and relocation of the westbound entrance ramp. TxDOT will only enter into these types of agreements with governmental entities. Therefore, if you read the agreement it appears that the City of Coppell will be obligated to pay for the relocation of the entrance ramp and widening of the frontage road in an amount of approximately $952,000. However, prior to presenting this agenda item to City Council, we obtained a letter from Duke Construction L.P. stating that they will accept the entire financial responsibility for the work associated with IH 635, including design, permitting and construction. Staff recommends approval of the Local Project Advance Funding Agreement between the City of Coppell and TxDOT, with Duke Construction L.P. assuming all financial risk for the City of Coppell. Staff will be available to answer any questions at the council meeting. 1 INCH = FT. 0 500 500 250 Proposed IH 635 Frontage Road and Ramp Improvements City of Coppell Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\IH 635 RAMP Created on: 27 April 2007 by Scott Latta PROPOSED IH 635 WESTBOUND FRONTAGE ROAD IMPROVEMENTS RESOLUTION OF THE CITY OF COPPELL RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, AUTHORIZING THE CITY OF COPPELL TO ENTER INTO A LOCAL PROJECT ADVANCE FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS; PROVIDING FOR THE FEDERAL FUNDING OF THE IH 635 WESTBOUND FRONTAGE ROAD, WEST OF BELT LINE ROAD; AUTHORIZING THE MAYOR TO SIGN AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council approves a Local Project Advance Funding Agreement with the State of Texas acting by and through the Texas Department of Transportation, for the funding of the widening of the IH 635 Westbound Frontage Road, west of Belt Line Road and the relocation of the westbound entrance ramp as provided in Exhibit A which is attached hereto and incorporated herein by reference. SECTION 2. That the Mayor is hereby authorized to execute said agreement as provided in Exhibit A. SECTION 3. That this resolution shall take effect immediately from and after its adoption and it is so resolved. DULY PASSED and approved by the City Council of the City of Coppell, Texas on this the ______ day of _________________, 2007. CITY OF COPPELL DOUGLAS N. STOVER, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ________________________________ ROBERT 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: PLANNING May 8, 2007 9/C ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-108R2.2-SF-9, The Reserve, Lot 11, Block B, zoning change from PD-108R2-SF-9 (Planned Development-108 Revision 2-Single Family-9) to PD-108R2.2-SF-9 (Planned Development-108 Revision 2.2-Single Family-9) to allow up to 30% stucco and to permit alternate paving materials for the driveway on property located at 725 Penfolds Lane, and authorizing the Mayor to sign. On February 15, 2007, the Planning Commission recommended approval of this zoning change (5-2), with no conditions. Commissioners Frnka and Reese opposed. On March 27, 2007, Council unanimously approved this zoning change (7-0). Staff recommends approval. @PD-108R2.2-SF-9 Rsv ORD 1-AR(Con) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-108R2-SF-9 (PLANNED DEVELOPMENT-108 REVISION 2-SINGLE FAMILY-9) TO PD-108R2.2- SF-9 (PLANNED DEVELOPMENT-108 REVISION 2.2-SINGLE FAMILY- 9) TO ALLOW UP TO 30% STUCCO AND TO PERMIT ALTERNATE PAVING MATERIALS FOR THE DRIVEWAY ON PROPERTY LOCATED AT 725 PENFOLDS LANE AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B AND C”, RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD- 108R2.2-SF-9 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from PD-108R2-SF-9 (Planned Development-108 Revision 2-Single Family-9) to PD-108R2.2-SF-9 (Planned Development-108 Revision 2.2-Single Family-9) to allow alternate exterior materials on the main building of thirty percent (30%) stucco, as defined herein, and to permit alternate paving materials for the TM 15920.2.00 driveway on property located at 725 Penfolds Lane and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. This Planned Development shall be developed and used only in accordance with the site plan and elevations and the development standards as follows: (A) Except as amended herein, the property shall be developed in accordance with Ordinance 91500-A-199, which is incorporated herein as set forth in full and hereby republished. (B) At least 70 percent of the exterior walls of all structures shall be of masonry construction exclusive of doors, windows, the remaining 30% may be stucco. (C) The driveway may be constructed with concrete pavers, except that the portion of the driveway within the street right-of-way shall be concrete, as indicated on the Site Plan. SECTION 3. The property shall be developed and used in accordance with PD-108R2-SF- 9 (Planned Development-108 Revision 2-Single Family-9), except as amended as indicated on the Site Plan and Elevations attached hereto as Exhibits “B and C”, 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 TM 15920.2.00 2 decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. 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 4/23/07) TM 15920.2.00 3 Exhibit “A” Legal Description Being Lot 11, Block B of The Reserve being a subdivision in the City of Coppell, property known as: 725 Penfolds Coppell, Texas 75019 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 May 8, 2007 9/D ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-221R-HC, Duke Lesley Addition, zoning change from PD-221-HC (Planned Development-221-Highway Commercial) to PD-221R-HC (Planned Development-221 Revised-Highway Commercial) to attach a Detail Site Plan to allow for a 182,700-square-foot office building on 11.85 acres of property located at the southwest corner of the proposed extension of Dividend Drive and S. Beltline Road, and authorizing the Mayor to sign. On February 15, 2007, the Planning Commission unanimously recommended approval of this zoning change (7-0). On March 27, 2007, Council unanimously approved the zoning change (7-0). Staff recommends approval. @PD-221R-HC, DL ORD 1-AR (Con) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-221-HC (PLANNED DEVELOPMENT-221-HIGHWAY COMMERCIAL) TO PD-221R-HC (PLANNED DEVELOPMENT-221 REVISED - HIGHWAY COMMERCIAL), TO ATTACH A DETAIL SITE PLAN ALLOWING THE CONSTRUCTION OF A 182,700-SQUARE-FOOT OFFICE BUILDING AT THE SOUTHWEST CORNER OF THE PROPOSED EXTENSION OF DIVIDEND DRIVE AND S. BELTLINE ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE OVERALL SITE PLAN, DETAIL SITE PLAN, LANDSCAPE PLAN 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-221R- HC 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 PD-221-HC (Planned Development-221-Highway Commercial) to PD-221R-HC (Planned Development-221 Revised- Highway Commercial), to approve a Detail Site Plan allowing the construction of a 182,700- square-foot office building at the southwest corner of the proposed extension of Dividend Drive and S. Beltline Road and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. This Planned Development shall be developed and used only in accordance with the development standard as follows: (A) Except as amended herein and as provided in Section 3 of this Ordinance, the property shall be developed in accordance with Ordinance 91500-A-453, which is incorporated herein as set forth in full and hereby republished. SECTION 3. The property shall be developed and used in accordance with the HC (Highway Commercial) development regulations and standards under the Coppell Zoning Ordinance, except as amended in the development regulations hereinbefore set forth and as provided on the Overall Site Plan, Detail Site Plan, Landscape Plan and Elevations and the attached hereto as Exhibits “B, C, and D and E, respectively, and which are 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 15916.2.00 2 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 04/17/07) TM 15916.2.00 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 PLANNING May 8, 2007 9/E ✔ ORDINANCE Consider approval of an Ordinance for Case No. S-1215R-C, Kountry Donuts & Cafe, zoning change from S-1215-C (Special Use Permit-1215-Commercial) to S-1215R-C (Special Use Permit-1215 Revised-Commercial), to allow a 1,400-square-foot restaurant with drive-through service on 0.49 of an acre of property located along the west side of S. Denton Tap Road, approximately 500 feet north of Southwestern Boulevard, and authorizing the Mayor to sign. On March 15, 2007, the Planning Commission unanimously recommended approval of this zoning change (5-0). On April 10, 2007, Council unanimously approved this zoning change (6-0). Staff recommends APPROVAL. @S1215R-C, KD&C, ORD 1-AR(Con) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM S-1215-C (SPECIAL USE PERMIT-1215- COMMERCIAL) TO S-1215R-C (SPECIAL USE PERMIT-1215 REVISED- COMMERCIAL), TO ALLOW A 1,400-SQUARE-FOOT RESTAURANT WITH DRIVE-THROUGH SERVICE ON 0.49 OF AN ACRE OF PROPERTY LOCATED ALONG THE WEST SIDE OF S. DENTON TAP ROAD, APPROXIMATELY 500 FEET NORTH OF SOUTHWESTERN BOULEVARD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN, ELEVATIONS, AND LANDSCAPE PLAN ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, AND "E”, RESPECTIVELY; 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-1215R-C should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from S-1215-C (Special Use Permit-1215- Commercial) to S-1215R-C (Special Use Permit-1215 Revised-Commercial), to allow a 1,400- square-foot restaurant with drive-through service on 0.49 of an acre of property located along the west side of S. Denton Tap Road, approximately 500 feet north of Southwestern Boulevard and 1 TM 16307.2.000 being more particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to special conditions. SECTION 2. That the Special Use Permit for a restaurant is hereby approved subject to the following special conditions: (A) Hours of operation shall be permitted between the hours of 5:00 a.m. to 10:00 p.m., seven days a week. (B) The site shall be developed in accordance with the approved Site Plan, Floor Plan, Elevations and Landscape Plan, which are attached hereto as conditions to the use granted herein. SECTION 3. That the Site Plan, Floor Plan, Elevations and Landscape Plan, attached hereto as Exhibits “B”, “C”, “D”, and "E", respectively, and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to 2 TM 16307.2.000 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 [reviewed only] 4/30/07) 3 TM 16307.2.000 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 May 8, 2007 9/F ✔ ORDINANCE Consider approval of an Ordinance for Case No. S-1237-C, Da Dusty Cellar, zoning change request from C (Commercial) to S-1237-C (Special Use Permit-1237-Commercial) to allow a 3,000-square-foot convenience/retail store to be located at 751 S. MacArthur Blvd., #505, and authorizing the Mayor to sign. On February 15, 2007, the Planning Commission unanimously recommended approval of this zoning change (7-0). On March 27, 2007, Council unanimously approved the zoning change (7-0). Staff recommends approval. @S-1237-C, DDC ORD 1-AR (Con) 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 C (COMMERCIAL) TO S-1237-C (SPECIAL USE PERMIT-1237-COMMERCIAL) TO ALLOW A 3,000-SQUARE-FOOT CONVENIENCE/RETAIL STORE TO BE LOCATED AT 751 S. MACARTHUR BLVD., #505, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN, SIGN PLAN, ATTACHED HERETO AS EXHIBITS “B”, “C”, AND “D”; 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-1237-C should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: 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 C (Commercial) to S-1237-C (Special Use Permit-1237-Commercial) to allow a 3,000-square-foot convenience/retail store to be located at 751 S. MacArthur Blvd., #505, for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes. 1 TM 15917.2.00 SECTION 2. That the Special Use Permit to allow the operation of a 3,000-square-foot convenience/retail store, is hereby approved subject to the following special conditions: (A) The development shall be in accordance with the site plan, floor plan and sign plan. (B) The hours of operation shall not exceed 7 a.m. to midnight Monday through Saturday and noon to midnight on Sundays. (C) Compliance with all City of Coppell Ordinances applicable to the operation, as well as Texas Alcoholic Beverage Commission rules and regulations, which are applicable to this use . SECTION 3. That the site plan, floor plan and sign plan shall be attached hereto as Exhibits “B”, “C”, and “D”; and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to 2 TM 15917.2.00 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) [reviewed & revised 04/17/07] 3 TM 15917.2.00 Exhibit “A” Legal Description Being Lot 5, Block 1 of Coppell Crossing, being a subdivision in the City of Coppell, known as: 751 South MacArthur Boulevard Suite 505 Coppell, Texas 75019 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 May 8, 2007 9/G ✔ ORDINANCE Consider approval of an Ordinance for Case No. S-1238-C, Kegs N Cellar, zoning change from C (Commercial) to S-1238-C (Special Use Permit-1238-Commercial) to allow a 2,850-square-foot convenience/retail store to be located at 777 S. MacArthur Blvd., #413-417, and authorizing the Mayor to sign. On February 15, 2007, the Planning Commission recommended approval of this zoning change (6-1). Commissioner Borchgardt opposed. On March 27, 2007, Council unanimously approved the zoning change (7-0). Staff recommends approval. @S-1238-C, KNC, ORD 1-AR(Con) 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 C (COMMERCIAL) TO S-1238-C (SPECIAL USE PERMIT-1238-COMMERCIAL) TO ALLOW A 2,850-SQUARE-FOOT CONVENIENCE/RETAIL STORE TO BE LOCATED AT 777 S. MACARTHUR BLVD., #413-417, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN, SIGN PLAN, ATTACHED HERETO AS EXHIBITS “B”, “C”, AND “D”; 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-1238-C should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: 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 C (Commercial) to S-1238-C (Special Use Permit-1238-Commercial) to allow a 2,850-square-foot convenience/retail store to be located at 777 S. MacArthur Blvd., #413-417, for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes. 1 TM 15919.2.00 SECTION 2. That the Special Use Permit to allow the operation of a 2,850-square-foot convenience/retail store, is hereby approved subject to the following special conditions: (A) The development shall be in accordance with the site plan, floor plan and sign plan. (B) The hours of operation shall not exceed 7 a.m. to midnight Monday through Saturday and noon to midnight on Sundays. (C) Compliance with all City of Coppell Ordinances applicable to the operation, as well as Texas Alcoholic Beverage Commission rules and regulations, which are applicable to this use . SECTION 3. That the site plan, floor plan and sign plan shall be attached hereto as Exhibits “B”, “C”, and “D”; and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to 2 TM 15919.2.00 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) [JDD reviewed only 03/21/06] 3 TM 15919.2.00 Legal Description Being Lot 4, Block 1 of Coppell Crossing, being a subdivision in the City of Coppell, known as: 777 South MacArthur Boulevard Suites 413 and 417 Coppell, Texas 75019 Exhibit “A” 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 May 8, 2007 9/H ✔ ORDINANCE Consider approval of an Ordinance for Case No. S-1240-R, DeVine Cellars, zoning change from R (Retail) to S-1240-R (Special Use Permit-1240-Retail) to allow a 2,981-square-foot retail/convenience store and tasting room to be located at 115 W. Sandy Lake Road, and authorizing the Mayor to sign. On March 15, 2007, the Planning Commission unanimously recommended approval of this zoning change (5-0). On April 10, 2007, Council unanimously approved this zoning change 6-0. Staff recommends APPROVAL. @S-1240-R, Devine C, ORD 1-AR(Con) 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 R (RETAIL) TO S-1240-R (SPECIAL USE PERMIT-1240-RETAIL) TO ALLOW A 2,981-SQUARE-FOOT RETAIL/CONVENIENCE STORE AND TASTING ROOM TO BE LOCATED AT 115 W. SANDY LAKE ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN, SIGN PLAN, ATTACHED HERETO AS EXHIBITS “B”, “C”, AND “D”; 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-1240-R 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 R (Retail) to S-1240-R (Special Use Permit-1240-Retail) to allow a 2,981-square-foot retail/convenience store and tasting room to be located at 115 W. Sandy Lake Road, 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 operation of a 2,981-square-foot convenience/retail store, is hereby approved subject to the following special conditions: 1 TM 16287.2.000 A. Compliance with all City of Coppell Ordinances, as amended, as well as Texas Alcoholic Beverage Code rules and regulations promulgated thereunder, as amended, which are specific to this use. B. The development shall be in accordance with the Site Plan, Floor Plan and Sign Elevations provided in Section 3 of this Ordinance. C. Hours of operation shall be limited to 10 a.m. to 10 p.m. Monday through Thursday, until 11 p.m. on Friday and Saturday, and between noon and 5 p.m. on Sunday. . SECTION 3. That the site plan, floor plan and sign plan shall be attached hereto as Exhibits “B”, “C”, and “D”; and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 2 TM 16287.2.000 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) [JDD reviewed only 03/21/06] 3 TM 16287.2.000 Legal Description Being Lot 2R, Block 1 of Sandy Lake Crossing, being a subdivision in the City of Coppell, known as: 115 W. Sandy Lake Road Coppell, Texas 75019 Exhibit “A” 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 May 8, 2007 10 ✔ PUBLIC HEARING Consider approval of a Resolution granting a variance of three hundred (300') feet to Harun Bruno Ceka (Siena Pasta & Pizza) 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 780 S. MacArthur Boulevard, Suite 100; and authorizing the Mayor to sign. This variance is being filed for the Siena Pasta & Pizza Restaurant at the northeast corner of MacArthur Boulevard and Beltline Road. The property line of this business is within 300 feet of Discover and Share Day Care which is located north of the restaurant on the adjoining property. Staff recommends approval based on location being grandfathered. %Siena-1AR NOTICE OF PUBLIC HEARING The City Council of the city of Coppell will hold a public hearing on Tuesday, the 8th day of May, 2007, at 7:00 p.m., in the Coppell Town Center, for the purpose of considering a variance filed by Harun Bruno Ceka (Siena Pasta & Pizza) who has submitted an application for Mixed Beverage Restaurant Permit with FB at 780 S. MacArthur, Suite 100, which address falls within 300 feet of a public or private school or day care center. Any citizen of the City or other party of interest may also express his or her opinion concerning this request by letter addressed to the city of Coppell City Secretary Department, 255 Parkway Boulevard, Coppell, TX 75019 PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE The city of Coppell acknowledges its responsibility to comply with the Americans with Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the city of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY,TX, 1-800-735-2989). Discover and ShareSiena Pizza and Pasta300’ from Siena Pizza and PastaNBelt Line RoadMacArthur Blvd. RESOLUTION NO. ______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, GRANTING A DISTANCE VARIANCE OF THREE HUNDRED (300’) FEET TO HARUN BRUNO CEKA (SIENA PASTA & PIZZA), LOCATED AT 780 S. MACARTHUR BOULEVARD SUITE 100, COPPELL, TEXAS, AS PROVIDED IN SECTION 6-16-2(H) OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article 6-16 of the Code of Ordinances places certain distance prohibitions from churches, schools, and day cares to businesses that sell or offer to sell alcoholic beverages; and WHEREAS, the City Council may grant a variance to such business upon proof that the best interest of the public are not served by strict compliance with the regulations; and WHEREAS, Siena Pasta & Pizza (hereinafter, “Applicant”) is located within 300 feet of a church, school or day care; and WHEREAS, the Applicant has provided sufficient proof that such regulation constitutes waste or inefficient use of land, or creates an undue hardship and is otherwise not effective or necessary after consideration of the health, safety and welfare of the public; and, WHEREAS, the City Council has determined that the best interest of the community will be served by a grant of such variance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That a variance of three hundred (300’) feet shall be granted to Siena Pasta & Pizza, located at 780 S. MacArthur Boulevard, Suite 100, Coppell, Dallas County, Texas, as provided in Section 6-16-2 (H) of the Code of Ordinances of the City of Coppell. SECTION 2. That the variance granted herein is in personam to the above named Applicant and shall expire upon relinquishment of any permit authorized by the TEXAS ALCOHOLIC BEVERAGE COMMISSION or its successor. SECTION 3. That this Resolution shall take effect immediately from and after its passage as the law and charter in such cases provide. 1 DULY PASSED by the City Council of the City of Coppell, Texas, this the 8th day of May, 2007. APPROVED: ___________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ___________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 4/24/07) 2 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 May 8, 2007 11 ✔ PUBLIC HEARING Consider approval of Case No. PD-213R2-H, Lost Creek Townhomes, zoning change request from H (Historic) to PD-213R2-H (Planned Development-213 Revision 2-Historic) with a Detail Site Plan, to allow the development of 25 residential units, recreation, open space and common areas on 4.57 acres of property and a Concept Plan for commercial uses on approximately one acre of property located along the east side of Coppell Road, approximately 210 feet north of Bethel Road. The following P&Z conditions remain outstanding: 1) Label Mulberry Lane on all exhibits; eliminate Kate Lane. 2) Landscape Plan needs to be signed by a registered landscape architect. 3) Insure units comply with Old Coppell Design Guidelines. 4) Drainage system will be further evaluated during Engineering's plan review process. 5) Park development fee of $1285/unit and tree removal permit required. On April 19, 2007, the Planning Commission unanimously recommended approval of this zoning change (7-0), subject to the above-stated conditions. Staff recommends approval. @1PD-213R2-H, LCT 1-AR CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: PD-213R2-H, Lost Creek Townhomes P&Z HEARING DATE: April 19, 2007 C.C. HEARING DATE: May 8, 2007 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: Along the east side of Coppell Road, approximately 210 feet north of Bethel Road. SIZE OF AREA: 5.56 acres of property CURRENT ZONING: H (Historic) REQUEST: Zoning change request to PD-213R2-H (Planned Development-213 Revision 2-Historic) with a Detail Site Plan, to allow the development of 25 townhouse units, recreation, open space and common areas on 4.57 acres of property and Concept Plan for commercial/office/retail uses on approximately one acre of property located along the east side of Coppell Road, approximately 210 feet north of Bethel Road. APPLICANT: J. R. Rose Development (prospective purchaser) Jason Rose 1207 Bethel School Court Coppell, TX 75019 (214) 454-7895 Fax: (972) 534-1850 HISTORY: In April of 2002, the City Council accepted the Old Coppell Master Plan as a guide for development of this older area of the City. In August of that same year, Council questioned the residential component of the Plan, particularly as it related to ITEM #4 Page 1 of 4 D/FW Airport flight patterns. In December of 2002, the Council and Planning Commission held a joint workshop to discuss airport issues. D/FW Airport staff was in attendance and at conclusion of the meeting, it was determined there was no compelling reason to discourage residential development here, based upon airport noise issues. On May 13, 2003, Council amended the Land Use component of the 1996 Comprehensive Plan and enlarged the Historic district to include roughly 100 acres. In December of 2003, a conceptual plan for 21 residences, recreational space, and two commercial lots was approved by Council on the parcel just north of the subject tract, roughly 4 acres in size. In May of 2005 Council changed the zoning in the area from Historic Overlay to simply Historic. In September of 2005, Council approved an expansion to the district that included 3.2 acres along the south side of Bethel Road extended to Freeport Parkway, including the site of the Hard Eight B-B-Q Restaurant. Subsequently, development was begun on the property north of the subject tract (mentioned above) which included a 21-unit residential development with a pool area and two commercial building sites. In March of 2006, the Planning Commission denied a 39-unit townhouse proposal just south of this development by a vote of 5- 1. That case was appealed to Council. On April 11, 2006, Council remanded the case back to the Commission. On November 20, the applicant resubmitted the case, with the only change being fronting some units along Coppell Road. The Planning Commission denied that request on December 21, 2006, by a unanimous vote. At that same meeting Commission recommended enlargement of the district to include a contiguous 17.2-acre parcel referred to as the Carter-Crowley tract. The residential zoning case was again appealed to Council where it was denied on January 9th by a vote of 6-0. At that meeting, Council approved the Carter-Crawley parcel being added to the Historic district. With all of these additions, the Historic district now consists of approximately 120- 130 acres. TRANSPORTATION: Coppell Road is an unimproved, two-lane asphalt road contained within a 50- to 60-foot right-of-way. It is projected to be improved to a concrete two-lane undivided roadway with a 60-foot right-of- way beginning in 2007. SURROUNDING LAND USE & ZONING: North –single-family townhouses; H (Historic) South – single-family house, senior center; H (Historic) East – single-family residences; Planned Development (PD-89- SF-7) West – retail/commercial buildings; H (Historic) ITEM #4 Page 2 of 4 COMPREHENSIVE PLAN: The Comprehensive Master Plan of May 1996, as amended and including the Old Coppell Master Plan, indicates the property should be used for medium density residential uses on the interior of the parcel, office/commercial uses along the Coppell Road frontage. In addition, the Standards of Construction in the Zoning Ordinance and the Old Coppell Design Guidelines report suggests the physical appearance and architectural character that should be created by new construction in the district. DISCUSSION: This request is much more desirable than the one of 2006-7 briefly discussed in the HISTORY section of this report. It is less dense, the land use conforms to the Old Coppell Master Plan, it provides appropriate guest parking, the architectural style is more compatible with the existing neighborhood, and it includes a public access easement into Hunterwood Park to the east. In addition, the applicant has reviewed the Design Guidelines report and has stated that he will follow the construction standards outlined in that publication. The attached elevations of the project illustrate many of the suggestions of Guidelines and include porches, a variety of building materials, gabled roof lines, and details such as shutters, different paint schemes, and other design elements that make this project respectful of the existing town homes to the north. In addition, the lot widths are similar to, although a bit narrower than, the narrowest lot in the existing townhouses of 33 feet. These lots range in width from 30 to over 45 feet, and are comparable to the existing residences to the north. A detailed exhibit of what the proposed units might look like (in the form of a color board) has been included with this application. You will note that David Weekley Homes is shown to be the home builder on that exhibit. As stated above, it is important that this project compliments what is already built to insure that we have a neighborhood with a cohesive design that looks like it was developed as a unit. The exhibits included with this request address that concern and staff can support this request. There are a number of conditions--listed in the staff recommendation--which need to be addressed for total staff support. That said, this is a much more desirable request than the one denied in early 2007, and staff supports the application with some additional needed information as requested below. ITEM #4 Page 3 of 4 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following conditions: 1) Label Mulberry Lane on all exhibits; eliminate Kate Lane. 2) Landscape Plan needs to be signed by a registered landscape architect. 3) Show conceptual outline of commercial/retail structures within this PD on all exhibits. 4) Insure units comply with Old Coppell Design Guidelines. 5) Need more detail on screening fence, signage, etc. (materials color, height, and so forth). 6) Drainage system will be further evaluated during Engineering’s plan review process. 7) Park development fee of $1285/unit and tree removal permit required. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Site Plan (with fence detail attachment) 2) Landscape Plan 3) Tree Survey 4) Floor Plans/Elevations ITEM #4 Page 4 of 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 May 8, 2007 12 ✔ PUBLIC HEARING Consider approval of Case No. PD-214R2-SF-9 and C, Arbor Manors, zoning change request from C (Commercial), R (Retail) and SF-9 (Single Family–9) to PD-214R2-SF-9 and C (Planned Development-214 Revision - 2 Single-Family-9 and Commercial), with a Concept Site Plan to allow the development of 73 single-family homes on approximately 24 acres and commercial uses on approximately five acres of property located south of Sandy Lake Road; west of Denton Tap Road. The following P&Z conditions remain outstanding: 1) Park development fees will be assessed at $1285/unit. 2) Tree removal permit will be required prior to any construction start. 3) Mitigation fees cannot be calculated until building footprints have been provided (Item 6.0, first sentence). 4) Explain development of cul-de-sac on west property line (how, easement, etc.) with written statement. (SEE FOLLOWING PAGE FOR CONTINUED CONDITIONS) On April 19, 2007, the Planning Commission unanimously recommended approval of this zoning change (7-0), subject to the above-stated conditions. Staff recommends approval. @2PD-214R2-SF-9 & C, AM 1-AR AGENDA REQUEST NARRATIVE CONTINUATION OF CONDITIONS FOR PD-214R2-SF-9 & C, ARBOR MANORS 5) Consider 35% coverage (SF-9) vs. 40% in an attempt to save more trees. 6) ALL common areas need to be identified by ascending numbers 1X, 2X, 3X, 4X, 5X, etc. 7) Indicate wall column spacing on exhibit (10- to 30-foot spacing). 8) Indicate “existing guard rail” along Tealwood Drive will be removed upon street construction. 9) Need sealed/signed Landscape Plan by a registered landscape architect. 10)Runoff needs to be intercepted before reaching Sandy Lake Road; drainage will be evaluated further during Engineering plan review. 11)Label water and sanitary sewer lines correctly and tie into Tealwood Drive. Agenda Narrative Form - Revised 1/99 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: PD-214R2-SF-9 and C, Arbor Manors P&Z HEARING DATE: April 19, 2007 C.C. HEARING DATE: May 8, 2007 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: South of Sandy Lake Road; west of Denton Tap Road. SIZE OF AREA: Approximately 29 acres of property. CURRENT ZONING: C (Commercial), R (Retail) and SF-9 (Single Family–9) REQUEST: Zoning change request to PD-214R2-SF-9 and C (Planned Development-214 Revision - 2 Single-Family-9 and Commercial), with a Concept Site Plan to allow the development of 73 single- family homes on approximately 24 acres and commercial uses on approximately 5 acres of property located south of Sandy Lake Road; west of Denton Tap Road. APPLICANT: Prospective Purchaser: Engineer: Priority One Dev. Dowdey Anderson Engineers David Hale Matt Alexander, P.E. 1111 N. Post Oak Road 5225 Village Creek Dr. Houston, TX 77093 Plano, TX 75093 (713) 316-3120 (972) 931-0694 Fax: (713) 621-4053 Fax: (972) 931-0538 HISTORY: A request for 122 townhouses and approximately 5 acres of commercial/retail uses was submitted last year. After one postponement after another, the request was denied by the ITEM #5 Page 1 of 4 Planning Commission late in the year and was not appealed to City Council. TRANSPORTATION: Denton Tap Road is a P6D, improved, concrete, six-lane divided thoroughfare contained within a 110-foot right-of-way. Sandy Lake Road is an existing asphalt two-lane road to eventually be improved to a C4D, four-lane, divided thoroughfare contained within a 110-foot right–of-way. SURROUNDING LAND USE & ZONING: North –retail uses; C (Commercial) South –single-family residences; Planned Development, (PD-115-SF-7) East – retail uses; C, (Commercial) West – residential/commercial uses; SF-12 (Single Family-12) and R (Retail) COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan of May 1996, as amended, shows the property to be developed in medium density (no more than 3-4 units per acre) residential use, with frontage on Sandy Lake and Denton Tap planned for retail/commercial uses. DISCUSSION: This was a very controversial zoning case when it was submitted last year for 122 townhouses. Staff received over 115 e-mails recommending it be denied, as well as extensive public debate on its appropriateness. After several postponements and re-referral to the Planning Commission, the case was denied in late 2006 and not appealed to City Council. This new application has addressed most of the issues raised in the townhouse case, and reflects the use and density proposed in the Master Plan. The lots are 75-feet wide and no less than 110-feet deep. The overall density is 73 units on 24 acres which renders a unit per acre figure of roughly three. Single-family detached units is what the Comprehensive Master Plan calls for, and in the public hearings debating the townhouse request, citizens stated they could support a low-density residential development. The proposed retail/commercial sites are conceptual only at this point, and the applicant is aware that detailed plans/plats will have to be approved by Commission and Council before any construction can occur with either residential or non-residential use. An acceptable circulation plan has been proposed with access to the property from both Sandy Lake and Denton Tap Roads. We also have direct access to Tealwood Drive, which will undoubtedly create some controversy within the Wynnpage subdivision. Staff firmly believes two access points to this neighborhood is needed from security, safety and convenience perspectives and feels its construction will benefit the subdivision, not detract from it. Because of the way the Arbor Manors ITEM #5 Page 2 of 4 streets are laid out, it is doubtful vehicles will use Tealwood as a “cut through” between Sandy Lake and Denton Tap Roads—a common complaint we’ve heard whenever the subject has been broached. A vehicle is more likely to exit Sandy Lake and enter Denton Tap by way of direct access. That route is shorter and less interrupted. What the proposed street pattern allows is two ways in and out of Wynnpage, making it much more convenient for the residents to access and exit their neighborhood. In addition, from a health/safety perspective, emergency vehicles have increased access to the neighborhood if this plan is adopted, thus creating a much safer community for all involved. There are still a number of issues to be resolved before this request is ready for development. One of the more pressing is tree mitigation. Another is lot coverage. There are several drafting errors that need to be corrected before this case is forwarded to Council, but staff believes most can be resolved at the Planning Commission level. Therefore, we have listed a number of conditions to be addressed at the Commission hearing. Presuming they can be satisfactorily addressed, staff can support this request. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request, subject to the following conditions: 1) Specify in PD document that no lot will be less than 8,250-square-feet. 2) Park development fees will be assessed at $1250/unit. 3) Tree removal permit will be required prior to any construction start. 4) Mitigation fees cannot be calculated until building footprints have been provided (Item 6.0, first sentence). 5) Explain development of cul-de-sac on west property line (how, easement, etc.) with written statement. 6) Consider 35% coverage (SF-9) vs. 40% in an attempt to save more trees. 7) Need west screening wall details to be shown on exhibits. 8) ALL common areas need to be identified by ascending numbers 1X, 2X, 3X, 4X, 5X, etc. 9) Landscape requirements are in Zoning Ordinance not Subdivision Regulations (Item 6.0, third sentence). 10) Show Denton Tap entry pavers on all exhibits. 11) CLEARLY show on Zoning Exhibit where Sideyard Fencing and Landscape Plan illustration in PD Regulations applies. 12) Specify maximum height of all structures in FEET on all exhibits. 13) Indicate wall column spacing on exhibit (10- to 30-foot spacing). 14) Dimension all setbacks on all exhibits. 15) Indicate “existing guard rail” along Tealwood Drive will be removed upon street construction. 16) Need sealed/signed Landscape Plan by a registered landscape architect. 17) Runoff needs to be intercepted before reaching Sandy Lake Road; drainage will be evaluated further during Engineering plan review. ITEM #5 Page 3 of 4 18) Label water and sanitary sewer lines correctly and tie into Tealwood Drive. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Planned Development Regulations document 2) Zoning Exhibit 3) Concept Plan 4) Landscape Plan ITEM #5 Page 4 of 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 May 8, 2007 13 ✔ PUBLIC HEARING Consider approval of Case No. S-1108R3-A, T-Mobile, zoning change request from S-1108-A (Special Use Permit-1108-Agriculture) to S-1108R3-A (Special Use Permit-1108 Revision 3-Agriculture), to allow for a wireless communication antenna to be mounted to an existing electric transmission tower, with an accessory cabinet at the base of the tower, located approximately 1,000-feet southwest of the intersection of MacArthur Boulevard and the transmission line easement; north of Belt Line Road. The following P&Z conditions remain outstanding: 1) If access or improvements are within the Riverchase HOA, permission must be granted by the HOA prior to construction. Submit easement agreement. 2) Accurately depict the nine antenna on the elevation sheet. 3) Show masonry wall and gate specifications on black and white elevation (i.e., materials, color and type). The gate shall be solid and painted to match the masonry wall. 4) Ensure the engineer is listed with the Texas Board of Professional Engineers. On April 19, 2007, the Planning Commission unanimously recommended approval of this zoning change (7-0), subject to the above-stated conditions. Staff recommends approval. @3S-1108R3-A, T-Mobile 1-AR CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: S-1108R3-A, T-Mobile P&Z HEARING DATE: April 19, 2007 C.C. HEARING DATE: May 8, 2007 STAFF REP.: Matt Steer, City Planner LOCATION: Approximately 1,000-feet southwest of the intersection of MacArthur Boulevard and the transmission line easement; north of Belt Line Road. SIZE OF AREA: Approximately 500-square-feet of property CURRENT ZONING: S-1108-A (Special Use Permit-1108-Agriculture) REQUEST: Zoning change request to S-1108R3-A (Special Use Permit-1108 Revision 3-Agriculture), to allow for a wireless communication antenna to be mounted to an existing electric transmission tower, with an accessory cabinet at the base of the tower, located approximately 1,000-feet southwest of the intersection of MacArthur Boulevard and the transmission line easement; north of Belt Line Road. APPLICANT: T-Mobile David Kirk 11830 Webb Chapel Rd. Dallas, TX 75234 Phone: (214) 523-4148 FAX: (214) 523-4104 HISTORY: There are pairs of electric towers (50’ +/- apart) running parallel throughout the Texas Utilities right-of-way. These towers are spaced approximately every 675’. The tower adjacent to this proposal has a ITEM #6 Page 1 of 3 telecommunications antenna collocated upon it. That proposal was granted a Special Use Permit in 2004. TRANSPORTATION: The site is 1,000 feet west of MacArthur Boulevard, a four-lane divided thoroughfare built in a 110’-wide right-of-way shown on the Thoroughfare Plan as a P6D, six-lane divided thoroughfare. SURROUNDING LAND USE & ZONING: North – Single-family residential; SF-9 (Single Family-9) South – Retail center; C (Commercial) East – Retail center; C (Commercial) West - Single-family residential; SF-9 (Single Family-9) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for park and open space. A portion of the property is shown to be in the floodplain. DISCUSSION: The proposed use is secondary to the installation already in place within the Texas Utilities 50’ transmission line right-of-way, which abuts a 320’ Texas Power & Light Easement to the west. The antenna will be visible above the electric lines, but no more unsightly than the tower structure itself. The proposed monopole will extend 10’ above the existing 99’ tower with one half of the antenna extending 3’ beyond. There are nine (72” x 6.8” x 3.15”) antennae proposed. At ground level, an 8’ masonry wall is proposed to screen the equipment in a 20’x25’ area beside the existing tower. A 15’ easement is proposed to extend to the gate off an existing access easement. Proof of permission to use these easements is required and listed as a condition of approval. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL, subject to the following conditions: 1) If access or improvements are within the Riverchase HOA, permission must be granted by the HOA prior to construction. Submit easement agreement. 2) Accurately depict the nine antenna on the elevation sheet. 3) Show masonry wall and gate specifications on black and white elevations (i.e., material, color and type). The gate color shall be painted to match the masonry wall. 4) Ensure the engineer is listed with the Texas Board of Professional Engineers. ITEM #6 Page 2 of 3 ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Title Sheet 2) Survey 3) Site Plan 4) Enlarged Site Plan 5) Elevations and Details ITEM #6 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: PLANNING May 8, 2007 14 ✔ PUBLIC HEARING Consider approval of the Shadydale Acres, Lots 4R1 and 4R2, Block C, Replat, being a replat of Lot 4R, Block C, into two lots to allow the development of two single-family homes on 1.108 acres of property located along the east side of Shadydale Lane, 190’ north of Shady Oak Lane. The following P&Z conditions remain outstanding: 1) Waiver of the alley requirement. 2) A Tree Removal Permit being obtained for each lot prior to the issuance of a Building Permit. 3) Impact Fees will be required for the additional water and sewer service to the new Lot 4R2. 4) Contact Larry Redick at (972) 323-8917 to discuss electric easement requirements. On April 19, 2007, the Planning Commission unanimously recommended approval of this zoning change (7-0), subject to the above-stated conditions. Staff recommends approval. @4 Shadyd, L4R1&4R2, BC, Rpl 1-AR CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case: Shadydale Acres, Lots 4R1 & 4R2, Block C, Replat P&Z HEARING DATE: April 19, 2007 C.C. HEARING DATE: May 8, 2007 STAFF REP.: Matt Steer, City Planner LOCATION: East side of Shadydale Lane, 190’ north of Shady Oak Lane SIZE OF AREA: 1.108 acres of property CURRENT ZONING: SF-12 (Single Family-12) REQUEST: Replat approval to allow the development of two single- family homes. APPLICANT: Steve Payne Steve Payne Custom Homes, Inc. 878 S. Denton Tap Road, Ste. 220 Coppell, TX 75019 (972) 393-1371 Fax: (972) 740-0008 HISTORY: The original plat for Shadydale Acres was established in the 1960’s. Homes on the east side of Shadydale Lane were constructed on “half lots”, which have 72.5 feet of frontage. In 1993, a replat of Tract 6, Block B, was approved for two lots. In August of 2001, the Planning and Zoning Commission recommended denial of a request to replat Tract 6A into two lots. At that time, the applicant desired to retain the existing home on a portion of the lot, which required that the common lot line be an irregular configuration to meet the zoning requirements. In 2002, a replat was approved to subdivide this Tract 6A into two lots, in accordance with the SF-12 standards, subject to: the house being ITEM # 7 Page 1 of 3 removed prior to the plat being filed for record, an alley waiver and the Tree Preservation and Retribution Plan being approved prior to the issuance of a building permit. A new home was built on each of these lots that year. In 1998, PD-172 was established along the west side of Shadydale Lane, north of this property, which allowed for the platting and development of 13 lots ranging in size from 12,320- to 14,720-square- feet. These lots were platted generally in accordance with the SF-12 regulations, with an average lot width of 85 feet. Additional conditions included in the PD increased the minimum dwelling size, defined the minimum roof pitches, increased landscaping, regulated garage placements and granted waivers of the alley, right-of-way and sidewalk requirements. In July 2005, the previous owner of two ½ tracts replatted into two lots to allow the development of two single-family homes. The northern lot (Lot 4R) was platted to contain 48,254-square-feet (1.1 acres), and the southern lot (Lot 3R), 27,237-square-feet (0.62 of an acre). The current request is to divide the northern lot (Lot 4R) into two separate lots. TRANSPORTATION: Both Shadydale and Shadyoak Lanes are substandard, two-lane asphalt streets (each approximately 15’ wide), without curb and gutter, built within a 60-foot right-of-way. SURROUNDING LAND USE & ZONING: North- Residential; SF-12 (Single Family-12) South – Residential; SF-12 (Single Family-12) East - Everybody Fits; C (Commercial) West - Residential; PD-172R-SF-12 (Planned Development-172 Revised-Single Family-12) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for low density residential, which is defined as one to three dwelling units per acre. DISCUSSION: This is a request to divide Lot 4R into two lots – Lot 4R1 and Lot 4R2. As mentioned in the HISTORY section, Lot 4R was recently platted in July 2005 as part of a two-lot subdivision. The applicant intends to build a 4,500+/- square-foot home on Lot 4R2 and a 5,000+/- square-foot home on Lot 4R1 in accordance with the SF-12 zoning requirements. This is similar in size and scale to the development across the street and the new development on the lot to the south. ITEM # 7 Page 2 of 3 The only variance to the Subdivision Ordinance being required is relief from the alley requirements, which is typical in the Shadydale Acres subdivision. As indicated on the Tree Survey, these lots contain many mature trees, and the owner intends to preserve as many as possible to enhance the aesthetics of these new homes. However, the homes have yet to be finalized in design; therefore, a Detailed Tree Preservation Plan will be required prior to the issuance of a Building Permit and Tree Removal Permit. The applicant has indicated that very few trees, if any, will be removed on the northern lot, and that 4-6 trees will be removed on the southern lot. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the Shadydale Acres, Lots 4R1 & 4R2, Block C, Replat, subject to the following conditions: 1) Waiver of the alley requirement. 2) A Tree Removal Permit being obtained for each lot prior to the issuance of a Building Permit. 3) Impact Fees will be required for the additional water and sewer service to the new Lot 4R2. 4) Contact Larry Redick at (972) 323-8917 to discuss electric easement requirements. ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Replat 2) Tree Survey ITEM # 7 Page 3 of 3 X:\Projects LDD\05037\dwg\05037Replat-4R.dwg, Sheet 1, 3/2/2007 1:10:34 PM, dhurst, Dowdey, Anderson & Associates, Inc., DHREVISED:DOWDEY, ANDERSON & ASSOCIATES, INC.SHADYDALE ACRES “” 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 May 8, 2007 15 ✔ PUBLIC HEARING Consider approval of Case No. PD-227-SF-12, Bellacere Addition, zoning change request from 2F-9 (Two Family-9 Residential) to PD-227-SF-12 (Planned Development-227-Single Family-12), to allow the construction of four single-family homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150-feet east of Summer Place Drive. The following P&Z conditions remain outstanding: 1) Park development fees are $1,285.00 per unit. 2) A Tree Removal Permit is required prior to start of construction On April 19, 2007, the Planning Commission unanimously recommended approval of this zoning change (7-0), subject to the above-stated conditions. Staff recommends approval. @5 PD-227-SF-12, Bella 1-AR CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: PD-227-SF-12, Bellacere Addition P&Z HEARING DATE: April 19, 2007 C.C. HEARING DATE: May 8, 2007 STAFF REP.: Matt Steer, City Planner LOCATION: Along the north side of Sandy Lake Road, approximately 150-feet east of Summer Place Drive. SIZE OF AREA: 1.961 acres of property CURRENT ZONING: 2F-9 (Two Family-9 Residential) REQUEST: Zoning change request to PD-227-SF-12 (Planned Development- 227-Single Family-12), to allow the construction of four single- family homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150-feet east of Summer Place Drive. APPLICANT: Applicant: Engineer: Tom Whatley Micha Duffy Heritage Development, LP Hamilton Duffy, PC P.O. Box 440 601 W. Harwood Rd Coppell, TX 75019 Hurst, TX 76054 (469) 549-0160 (817) 268-0408 Fax: (972) 888-9966 Fax: (817) 284-8408 HISTORY: This property was initially constructed in 1953 with a renovation permit approved to allow a one-story, detached garage in July 26, 1999. On February 20, 2000, a building permit was obtained to allow for the new garage to be constructed as a two-story structure. On October 10, 2000, a permit was approved for the main structure renovation to increase the size to a two-story structure and attach ITEM #8 Page 1 of 4 the garage, which was under construction at the time. All construction ceased shortly thereafter. A permit for the demolition of the garage and addition (ordered by the courts) was obtained on September 30, 2004. The property was recently sold to the current developer, who secured a demolition permit on March 29, 2007, and has since removed the residence. TRANSPORTATION: Sandy Lake Road, currently under construction, is a substandard, two- lane asphalt road, which is designated on the Thoroughfare Plan to be a four-lane divided thoroughfare. The adjacent right-of-way is currently 76’ (+/-) and 24’ right-of-way will be dedicated with the platting of this property. SURROUNDING LAND USE & ZONING: North – Summer Place (single-family homes on approx. 4,000 sq. ft. lots); PD-148 (Planned Development-148) South – Forest Cove Phase II & Georgian Place (single-family homes on approx. 8,800 sq. ft. average lot size); SF-7 (Single Family – 7) East – Shadydale Acres (single-family homes on approx. 33,400 sq. ft. average lot size); SF-12 (Single Family – 12) West – Summer Place (single-family homes on approx. 4,000 sq. ft. lots); PD-148 (Planned Development-148) COMPREHENSIVE PLAN: The Coppell Comprehensive Plan, as amended, shows the property as suitable for medium-density residential development. DISCUSSION: This is a proposed rezoning from a Two Family–9 District (duplex) to a Planned Development, Single Family–12 District to allow the construction of four homes on 17,493-square-foot average lots. Because the intensity of the potential development will be the same as what could currently be built under the 2F-9 zoning (each allowing four units) and given the configuration of this land, staff gave special consideration to the request for single-family lots, fronting a private drive, as was done on the recently approved Petterson Addition Planned Development (PD) rezoning, located approximately 300’ to the west. From a land-use perspective, the proposed SF-12 base zoning would provide an appropriate transition from the zero- lot-line development to the west and the large lot (3/4 acre) development to the east. Within this proposal, the applicant is requesting an exception to the public street frontage requirement of the Subdivision Ordinance, proposing a 24’ fire lane/mutual access easement to provide each lot with access, platted in a similar configuration to the one in the Petterson PD. The lots will be addressed off Sandy Lake, and staff recommends adding the address range to the subdivision entry sign, located on the proposed 8’ masonry wall along Sandy Lake, in order to avoid any confusion. ITEM #8 Page 2 of 4 Eight parallel parking spaces along the fire lane/access drive are depicted within a common area lot to be maintained and shared by all of the lots. The applicant is proposing to access the side entry garages of each unit from the fire lane easement, not the alleyway; therefore, this is listed as a special condition of the PD. Additional visitor parking can be accommodated within the long, private driveways proposed to access the garages. A 25’ minimum front yard setback off the fire lane is shown. Typically 30’ front yards are required within the SF-12 zoning, which was required within the Petterson Planned Development case. Because these lots are smaller in depth (158’ average) than the Petterson case (197’) and because visitor parking has already been accounted for (no circular drive needed in this case), staff recommends granting some leeway on the 30’ front yard setback, and feel 25’ minimum is adequate. A 15’ Common Area (Lot 1X) with plantings and an eight foot masonry wall is proposed along Sandy Lake. Although meeting the technical requirements of having at least 4 trees within the 15’ landscape area, two of the existing trees are extremely close together and lopsided due to the constant trimming buy TXU. Staff recommends changing the proposed Bur Oak to a Cedar Elm and adding one Cedar Elm within this area to better conform with the intent of the Streetscape Section of the Subdivision Ordinance. The common area extends north along the eastern boundary of the subdivision. There is an existing tree row on the boundary of this subdivision and Shadydale Acres with proposed Red Tip Photinia screening proposed to fill in the gaps. This species was removed from the plant palette due to its susceptibility to disease; therefore, staff recommends planting Nellie R Stevens in its place (15-20 gal. at time of planting, approximately 4’ tall). These will grow to 10-15’ high at maturity. An 8’ fence is proposed to screen the western and northern boundaries of the subdivision from the alley, and the details are included on the screening wall detail sheet. The landscape area, masonry wall and private drive (fire lane/access easement) will be maintained by a Homeowners’ Association to be established at this time. The Draft HOA documents are required to be submitted with the preliminary plat, and are listed as a condition under staff’s recommendation of approval on the preliminary plat companion case. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-227-SF-12, Bellacere Addition subject to the following conditions: 1) Change proposed 3” cal. Bur Oak to 3” cal. Cedar Elm, proposed Red Tip Photinia to Nellie R. Stevens and show one additional Cedar Elm within the 15’ Landscape Area along Sandy Lake. 2) Revise all lot boundaries and dimensions to reflect the proposed common area Lot 1X and show side yard setback of south side of Lot 1. 3) Define what area is represented by the “Buffer Yard” shown within the Site Data Table. ITEM #8 Page 3 of 4 4) Remove “Preliminary Plans” from the title blocks of all plans. 5) Remove the proposed landscaping from the Tree Survey. 6) On the screening wall detail sheet, include a note that states, “The gate shown is decorative only and will remain open to the interior of the site at all times” and revise arrows pointing to right-of-way dedication boundaries. 7) Show address range with pin mounted letters on the entry sign. 8) Park development fees are $1,285.00 per unit. 9) A Tree Removal Permit is required prior to start of construction. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) PD Conditions (8 ½” x 11”) 2) Conceptual Elevations (8 ½” x 11”) 3) Zoning Exhibit/Site Plan (24” x 36”) 4) Landscaping Plan (24” x 36”) 5) Tree Survey (24” x 36”) 6) Wall Details (24” x 36”) ITEM #8 Page 4 of 4 1 PROPOSED PD CONDITIONS BELLACERE ADDITION LOTS 1-4, BLOCK A PD-227-SF-12 CITY OF COPPELL, TEXAS "SF-12" SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS ** NOTE – ALL DEVIATIONS FROM THE SF-12 DISTRICT ARE NOTED BY BOLD ** 1. Use regulations. A building or premise shall be used only for the following purposes: 1. Any use permitted in the "SF-ED" and the "SF-18" district. 2. Home occupation. 3. Such uses as may be permitted under provisions of special use permits, sections 12-30-5 and 12-30-6. 2. Maximum height regulations. The maximum height regulations will be: 35 feet nor more than two and one-half stories high. 3. Area regulations. 1. Minimum size of yards: (A) Front yard: Front yards will be 25 feet from the fire lane and utility access easement. (B) Side yard: Ten percent of the lot width, but in no case shall the side yard be less than eight feet. A side yard adjacent to a street shall not be less than 15 feet. (C) Rear yard: 20 feet. 2. Minimum size of lot: (A) Lot area: 16,084 square feet. (B) Lot width: 110 feet. (C) Lot depth: 146 feet. 3. Minimum dwelling size: 4,000 square feet, exclusive of garages, breezeways and porches. 4. Maximum lot coverage: 35 percent of the total lot area may be covered by the combined area of the main buildings and accessory buildings. 4. Parking regulations. Two enclosed spaces behind the front yard line. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in article 31. Where lots are adjacent to an alley, the enclosed parking area (garage) will not be accessed off of the alley. However, garages shall be side entry and shall not face the front of the lot. 5. Type of exterior construction. At least 80 percent of the exterior walls of the first floor of all structures shall be of masonry construction (see section 12-42-1) exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least 80 percent masonry exclusive of doors, windows and the area above the top plate line. PD Conditions in Summary: 1. Lots are not required to have public road frontage or alley access. 2. Garages shall be side entry and shall not face the front of the lot. 3. Front yard setback shall be a minimum of 25’ from the 24’ wide fire lane, utility and mutual access easement. 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 May 8, 2007 16 ✔ PRESENTATION Consider approval of the Bellacere Addition, Lots 1-4, Block A, Preliminary Plat, to establish lot lines, easements and a fire lane to allow the construction of four single-family homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150-feet east of Summer Place Drive. The following P&Z condition remains outstanding: 1) Drainage issues will be evaluated further during the Engineering plan review process. On April 19, 2007, the Planning Commission unanimously recommended approval of this zoning change (7-0), subject to the above-stated condition. Staff recommends approval. @6 Bella, L1-4, BA, PP 1-AR CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case: Bellacere Addition, Lots 1-4, Block A, Preliminary Plat P&Z HEARING DATE: April 19, 2007 C.C. HEARING DATE: May 8, 2007 STAFF REP.: Matt Steer, City Planner LOCATION: Along the north side of Sandy Lake Road, approximately 150-feet east of Summer Place Drive. SIZE OF AREA: 1.961 acres of property CURRENT ZONING: 2F-9 (Two Family-9 Residential) REQUEST: Preliminary Plat request to establish lot lines, easements and a fire lane to allow the construction of four single-family homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150-feet east of Summer Place Drive. APPLICANT: Applicant: Engineer: Tom Whatley Micha Duffy Heritage Development, LP Hamilton Duffy, PC P.O. Box 440 601 W. Harwood Rd Coppell, TX 75019 Hurst, TX 76054 (469) 549-0160 (817) 268-0408 Fax: (972) 888-9966 Fax: (817) 284-8408 HISTORY: This property was initially constructed in 1953 with a renovation permit approved to allow a one-story, detached garage in July 26, 1999. On February 20, 2000, a building permit was obtained to allow for the new garage to be constructed as a two-story structure. On October 10, 2000, a permit was approved for the main structure renovation to increase the size to a two-story structure and attach the garage, which was under construction at the time. All ITEM #9 Page 1 of 3 construction ceased shortly thereafter. A permit for the demolition of the garage and addition (ordered by the courts) was obtained on September 30, 2004. The property was recently sold to the current developer, who secured a demolition permit on March 29, 2007, and has since removed the residence. TRANSPORTATION: Sandy Lake Road, currently under construction, is a substandard, two- lane asphalt road, which is designated on the Thoroughfare Plan to be a four-lane divided thoroughfare. The adjacent right-of-way is currently 76’ (+/-) and 24’ right-of-way will be dedicated with the platting of this property. SURROUNDING LAND USE & ZONING: North – Summer Place (single-family homes on approx. 4,000 sq. ft. lots); PD-148 (Planned Development-148) South – Forest Cove Phase II & Georgian Place (single-family homes on approx. 8,800 sq. ft. average lot size); SF-7 (Single Family – 7) East – Shadydale Acres (single-family homes on approx. 33,400 sq. ft. average lot size); SF-12 (Single Family – 12) West – Summer Place (single-family homes on approx. 4,000 sq. ft. lots); PD-148 (Planned Development-148) COMPREHENSIVE PLAN: The Coppell Comprehensive Plan, as amended, shows the property as suitable for medium-density residential development. DISCUSSION: This request is for preliminary plat approval of a division of one lot into four with a common area (X Lot). Access from the adjacent alleyways will not be required here, as the preceding planned development requests their elimination. The applicant is, however, requesting an exception to the Subdivision Ordinance that mandates each lot have public road frontage. A 24’ fire lane, utility and access easement is proposed to serve as an alternative to this requirement. Because this fire lane is serving only the proposed four lots within the subdivision and is not needed for additional access to the existing, surrounding subdivisions, staff is comfortable recommending this exception be granted, as was recommended in a similar case (Petterson Replat) to the west. A Homeowners’ Association is being established to maintain the private utilities, the fire lane easement and Lot 1X, which is devoted to landscaping and a masonry wall. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending approval of the Bellacere Addition Preliminary Plat subject to the following conditions: 1) Submit the draft HOA Documents for legal review. 2) Clearly depict the boundaries of Lot 1X. 3) Provide a 20’ x 20’ drainage easement on the northwest corner of Lot 4. ITEM #9 Page 2 of 3 4) Drainage issues will be evaluated further during the Engineering plan review process. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Preliminary 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 PLANNING May 8, 2007 17 ✔ PRESENTATION Consider granting the Planning & Zoning Commission Final Plat approval authority of the Bellacere Addition, Lots 1-4, Block A, to establish lot lines, easements and a fire lane to allow the construction of four single-family homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150-feet east of Summer Place Drive. Staff recommends approval. @7 Bella, L1-4, BA, FPA 1-AR 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 May 8, 2007 18 ✔ PUBLIC HEARING Consider approval of Case No. S-1216R, Cool Star Beverage, zoning change request from PD-157R6-C-S-1216 (Planned Development-157 Revision 6-Commercial–Special Use Permit- 1216) to PD-157R6-C-S-1216R (Planned Development-157 Revision 6-Commercial-Special Use Permit-1216-Revised) to allow the operation of an approximate 1,600-square-foot retail/convenience store to be located at 809 S. MacArthur, Suite 125 (southwest corner of Belt Line Road and MacArthur Boulevard). The following P&Z conditions remain outstanding: 1) Compliance with all City of Coppell Ordinances, as well as TABC rules and regulations, which are specific to this use. 2) The hours of operation for this store shall not exceed 9 a.m. to midnight Monday-Saturday and noon until midnight on Sunday. On April 19, 2007, the Planning Commission unanimously recommended approval of this zoning change (7-0), subject to the above-stated conditions. Staff recommends approval. @8 S-1216R, Cool Star, 1-AR CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: S-1216R, Cool Star Beverage P&Z HEARING DATE: April 19, 2007 C.C. HEARING DATE: May 8, 2007 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: 809 S. MacArthur, Suite 125 (southwest corner of Belt Line Road and MacArthur Boulevard) SIZE OF AREA: An approximate 1,600-square-foot retail/convenience store. CURRENT ZONING: PD-157R6-C-S-1216 (Planned Development-157 Revision 6- Commercial–Special Use Permit-1216) REQUEST: Zoning change request to PD-157R6-C-S-1216R (Planned Development-157 Revision 6-Commercial-Special Use Permit- 1216-Revised) to allow the operation of an approximate 1,600- square-foot retail/convenience store to be located at 809 S. MacArthur, Suite 125 (southwest corner of Belt Line Road and MacArthur Boulevard). APPLICANT: Kristen An 2639 Walnut Hill Lane #226 Dallas, TX 75229 (214) 315-5555 FAX: (214) 350-1167 HISTORY: This property was platted in 1987 and replatted in 1992. City Council granted approval of a 10,000-square-foot retail building site plan of Phase II on May 11, 1999. On November 9, 1999, Council approved a revised plan, reducing the building size of Phase II to 8,000-square-feet. The PD condition for the entire shopping center limited the restaurant usage on the ITEM #10 Page 1 of 3 4.6 acres of property (McDonalds & Phase I & II) to a total of 17,300- square-feet of both interior/exterior space, provided parking requirements were met. On January 13, 2004, City Council approved S-1210 for a 1,500- square-foot Subway restaurant in this retail building (Phase II). In June of the same year, Council approved S-1216 for Cold Stone Creamery, which has since gone out of business. TRANSPORTATION: MacArthur Boulevard is a P6D divided major thoroughfare built to standard in a 110’ right-of-way. Beltline Road is shown on the Thoroughfare Plan as a P6D divided major thoroughfare built to standard in a 120’ right-of-way. SURROUNDING LAND USE & ZONING: North - shopping center, C (Commercial) South - restaurant; PD-157R6 (Planned Development-157Revision6) East - shopping center; LI (Light Industrial) West - vacant; C (Commercial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for regional retail uses. DISCUSSION: This request is to allow a 1,600-square-foot retail/convenience store to occupy the former Cold Stone Creamery lease space. The parking for this use is required at retail ratio, which is one space per 200-square-feet (8 spaces), requiring one-half of the amount of parking than its former restaurant tenant. As discussed in similar applications, this request is to allow a beverage store (beer and wine) to occupy this lease space. Per the definition of Convenience Store, as amended in Ordinance #91500-A-445: “Convenience Store: A small retail store, generally under 3,000 square feet, which typically sells groceries and retail sales of non-food items or prepared foods, hot and cold beverages and packaged beverages or a combination. The outside storage or display and sale in the open, outside the building of groceries, packaged beverages and consumer goods and drive-through or drive-up service is prohibited.” Compliance with all applicable TABC rules and regulations, as well as City of Coppell Ordinance #2006-1143, which regulates location and hours of operation, will also be required. The hours of operation for this store shall be limited to 9 a.m. to midnight Monday-Saturday and noon until midnight on Sunday. This use is also compliant with the separation criteria, whereas it is not within 300-feet of a church, hospital, public or private school. ITEM #10 Page 2 of 3 The only issue with this request is the proposed signage. While the area of the sign has been reduced to 19-square-feet to be in compliance with the provision of the Sign Ordinance, there appears to be a discrepancy between the colors on the exhibit and the written details. The details specify red, gold and yellow vinyl, as well as red neon, none of which would be permitted. However, the exhibit indicates white channel letters, with a blue and white logo which would be in accordance with the provisions of the Sign Ordinance, as well as being consistent with the other signs on this retail building. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of S-1216R, Cool Star Beverage, subject to the following conditions: 1) Rectify the inconsistencies on the sign exhibit to specify that the logo will be blue and white and to assure that the shade of the white channel letters and the returns will match the other signs in the shopping center. 2) Compliance with all City of Coppell Ordinances, as well as TABC rules and regulations, which are specific to this use. 3) The hours of operation for this store shall not exceed 9 a.m. to midnight Monday-Saturday and noon until midnight on Sunday. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Site Plan 2) Floor Plan 3) Sign Plan ITEM #10 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 PLANNING May 8, 2007 19 ✔ PUBLIC HEARING Consider approval of Case No. S-1187R2-C, Pizza Inn, zoning change request from S-1187R-C (Special Use Permit-1187 Revised–Commercial) to S-1187R2-C (Special Use Permit-1187 Revision-2-Commercial) to allow a 1,425-square-foot expansion of the existing 1,050-square-foot take-out restaurant to include limited seating, game room and party room, located at 777 S. MacArthur Blvd., Suite 405. The following P&Z conditions remain outstanding: 1) The site shall be developed in accordance with the Site Plan, Floor Plan and Sign Plan. One additional attached sign identical to the existing sign shall be permitted. 2) The hours of operation shall not exceed 9 a.m. to midnight, seven days a week. On April 19, 2007, the Planning Commission unanimously recommended approval of this zoning change (7-0), subject to the above-stated conditions. Staff recommends approval. @9 S-1187R2-C, Pizza Inn 1-AR CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: S-1187R2-C, Pizza Inn P&Z HEARING DATE: April 19, 2007 C.C. HEARING DATE: May 8, 2007 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: 777 S. MacArthur, Suite 405 SIZE OF AREA: 2,475-square-feet CURRENT ZONING: S-1187R-C (Special Use Permit-1187 Revised–Commercial) REQUEST: Zoning change request to S-1187R2-C (Special Use Permit-1187 Revision-2-Commercial) to allow a 1,425-square-foot expansion of the existing 1,050-square-foot take-out restaurant to include limited seating, game room and party room, located at 777 S. MacArthur, Suite 405. APPLICANT: Shameem Hasan Pizza Inn 777 S. MacArthur Boulevard, Suite 405 Coppell, TX 75019 (972) 393-4848 HISTORY: Coppell Crossing, Phase IV, was constructed in 2001. Pan Acean restaurant (S-1188) occupies the eastern portion of this building. In March of this year, Council approved S-1238 for Kegs N Cellar. The existing Pizza Inn lease space (S-1187R), which recently relocated from Coppell Crossing, Phase V (behind Burger King), now occupies the former lease space of Tasty Donuts (S-1187), which since vacated this building. With this expansion to Pizza Inn, this building will be fully occupied. ITEM # 11 Page 1 of 3 TRANSPORTATION: MacArthur Blvd. is a P6D, shown on the Thoroughfare Plan and built as a six-lane divided thoroughfare adjacent to this shopping center. SURROUNDING LAND USE & ZONING: North –shopping center; C (Commercial) South– DART R.O.W. and retail; A (Agriculture) and PD-157-C, (Planned Development–157-Commercial) East – shopping center; R (Retail) West – shopping center; C (Commercial) COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan shows the property as suitable for Regional Retail uses. DISCUSSION: This request is to expand the existing pizza carry-out operation to include a limited seating area, a family game room and party room. There will be no additional attached signage on the building, and this expanded use will retain the Pizza Inn name. The only effect this expansion will have is on the parking. Restaurant uses require parking to be provided at a ratio of one space per 100-square-feet, and typical retail requires one space 200- square-feet of gross floor area. This expansion will increase the required parking by seven spaces. A detailed accounting of this entire shopping center (Coppell Crossing, Phases I through V) has been provided, which indicates that with the expansion of this restaurant, there would still be an excess of 20 parking spaces. While it appears that the excess parking may not be in close proximity to this particular building, the applicant has committed that the employees will park in the underutilized parking areas, allowing the customers to park closer to this restaurant. Beyond the merits of this case, and in an effort to streamline the development process, staff is proposing a text amendment to the Zoning Ordinance to allow for the administrative approval of an expansion of restaurants, subject to the existence of adequate parking (Item #14 of this agenda). RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of S-1187R2-C, Pizza Inn, subject to the following conditions: 1) The site shall be developed in accordance with the Site Plan, Floor Plan and Sign Plan. No additional attached signs shall be permitted. 2) The hours of operation shall not exceed 9 a.m. to midnight, seven days a week. ITEM # 11 Page 2 of 3 ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Parking Analysis 2) Site Plan 3) Floor Plan 4) Elevation 5) Sign Plan ITEM # 11 Page 3 of 3 COPPELL CROSSING PARKING ANALYSIS Retail 34,865 175 Restaurant 13,625 136 Office 1,390 5 Medical 7,804 45 Dog Day Care 6,484 10 Restaurant 13,625 136 Totals 64,168 371 Available Parking 398 Extra Parking 27 Pizza Inn Expansion - 7 additional spaces required (1 space per 100 square feet) (7) Available spaces 20 S-1187R-2Expansion of existing 1,050 sq. ft. Pizza Innto include a 1,425 sq. ft. family game and party rooms2,475 sq. ft. Expansion Area Existing Restaurant Pizza Inn Family Game Room and Party RoomTake-out restaurantHours of Operation: 9 a.m. to 12 midnight 7 days a week 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 May 8, 2007 20 ✔ ORDINANCE Consider approval of an Ordinance for Case No. S-1239-C, Camp Bow Wow, zoning change from C (Commercial) to S-1239-C (Special Use Permit-1239-Commercial) to allow a 6,484-square-foot kennel with a screened 3,900-square-foot outside play area to be located at 769 S. MacArthur Boulevard, Suite #233, and authorizing the Mayor to sign. On March 15, 2007, the Planning Commission unanimously recommended approval of this zoning change (5-0). On April 10, 2007, Council approved this zoning change (5-1). Councilmember Peters opposed. Staff recommends APPROVAL. @11S-1239-C, C Bow Wow, ORD 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 C (COMMERCIAL) TO S-1239-C (SPECIAL USE PERMIT-1239-COMMERCIAL) TO ALLOW A 6,484-SQUARE-FOOT KENNEL WITH A SCREENED 3,900-SQUARE-FOOT OUTSIDE PLAY AREA TO BE LOCATED AT 769 S. MACARTHUR BOULEVARD, SUITE 233, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, PLAN OF OUTDOOR BREAK AREA, FLOOR PLAN AND SIGN PLAN, ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, “E”, and “F”; 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-1239-C should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: 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 C (Commercial) to S-1239-C (Special Use Permit-1239-Commercial) to allow a 6,484-square-foot kennel with a screened 3,900- square-foot outside play area, to be located at 769 S. MacArthur Boulevard, Suite 233 and described in Exhibit “A” attached hereto and made a part hereof for all purposes. 1 TM 16293.2.000 SECTION 2. That the Special Use Permit to allow a 6,484-square-foot kennel with a screened 3,900-square-foot outside play area, is hereby approved subject to the following special conditions: (A) The development shall be in accordance with the Site Plan, Landscape Plan, Plan of Outdoor Break Area, Floor Plan and Sign Plan. (B) The transplanting of five (5) trees, as indicated on the Landscape Plan shall occur within six (6) months or as may be extended by the Department of Parks and Recreation due to drought conditions and seasonal planting considerations. (C) The hours of operation shall not exceed 6:30 a.m. to 7 p.m., seven days a week. (D) No outdoor overnight boarding of animal will be permitted. SECTION 3. That the Site Plan, Landscape Plan, Plan of Outdoor Break Area, Floor Plan and Sign Plan, shall be attached hereto as Exhibits “B”, “C”, “D”, “E”, and “F”, 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 16293.2.000 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) [reviewed & revised 04/17/07] 3 TM 16293.2.000 Legal Description Being Lot 2, Block 1 of Coppell Crossing, being a subdivision in the City of Coppell, known as: 769 South MacArthur Boulevard Suite 233 Coppell, Texas 75019 Exhibit “A” Coppell Crossing Site PlanCamp Bow WowBuilding Location:Coppell Crossing769 S. MacArthur Blvd.Suite # 233Hours of Operation:Mon-Fri: 6:30 am – 7:00 pmSat-Sun: 7:00 am – 10:00 am &4:00 pm – 7:00 pmNOTE: No overnight boarding will take place outdoors.Outdoor Play AreaParking Summary:Total Available 409Total Required 371CBW Reduction (11)Extra Parking 27 Landscape PlanCurrent LandscapingProposed LandscapingCurrent TreesOutdoor Break AreaAdditional Landscape AreaWax MyrtleDwarf Burford Holly Landscape PlanBefore……After Outdoor Break AreaProposed AdditionNote: Rendering to provide an idea of design. Camp Bow Wow is willing to modify to meet City requirements.Fence Dimensions:Height: 8 feetLength: 65 feetWidth: 60 feetMaterial:Brick wall matching the existing building.The top of the wall will match the existing cap on the building. Proposed Floor Plan Front Elevation96 ftSign Specs:White Channel LettersLength: 10 ftHeight: 3 ft 4”Total Sign Size: 33.3 Sq Ft10’30”18”40”Note: Picture not to scale Side ElevationSign Specs:White Channel LettersLength: 13 ftHeight: 4 ft 4”Total Sign Size: 56.3 Sq Ft13’30”24”52”Note: Picture not to scale68’ 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 May 8, 2007 21 ✔ PUBLIC HEARING Consider approval of a text amendment to Chapter 12, Zoning, of the Code of Ordinances, Section 12-30-16. Restaurant to delete the requirement for Special Use Permits for restaurants, unless adjacent to a residential zoning district and/or has drive-through facilities, and further, to allow for the Administrative Approval of the expansion of existing restaurants, subject to certain conditions. Members of the Planning Department, Economic Development, and City Manager's Office have discussed retail development and redevelopment and how the City can foster and encourage the redevelopment and reuse of underdeveloped, vacant and marginal retail centers and properties, while maintaining the quality and image of the City. This text amendment would reduce the time frame that a restaurateur would have to wait prior to opening a new restaurant in Coppell, etc. On April 19, 2007, the Planning Commission unanimously recommended approval of this text amendment (7-0) to delete the requirement for Special Use Permits for restaurants, unless adjacent to a residential zoning district and/or has drive-through facilities, and further, to allow for the Administrative Approval of the expansion of existing restaurants, subject to certain conditions. Staff recommends approval. @12 Restaurant TA 1-AR CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case: Text Amendment, Chapter 12, Zoning, Section 12-30-16. Restaurant P&Z HEARING DATE: April 19, 2007 C.C. HEARING DATE: May 8, 2007 STAFF REP.: Marcie Diamond, Assistant Planning Director REQUEST: To amend the Code of Ordinances, Chapter 12, Zoning, Section 12-30-16. Restaurant, to delete the requirement for Special Use Permits for restaurants, unless adjacent to a residential zoning district and/or has drive-through facilities, and further, to allow for the Administrative Approval of the expansion of existing restaurants, subject to certain conditions. DISCUSSION: Members of the Planning Department, Economic Development and City Manager’s office have been discussing for some time the issue of retail development and redevelopment and what the City can do to foster and encourage the redevelopment and reuse of underdeveloped, vacant, and marginal retail centers and properties, while maintaining the quality and image of the City. Various items have been discussed, including this proposed text amendment to reduce the time frame that a restaurateur would have to wait prior to opening a new restaurant in Coppell. Several years ago, the Zoning Ordinance was amended to allow the re-occupancy of a lease space that was previously a restaurant with a new restaurant without going through the 60-day public hearing process. A recent example is Pizza Inn’s relocation, which was administratively approved late last year, to the former Tasty Donut lease space at 777 MacArthur Boulevard. However, now that this business desires to expand, the current ordinance does not provide for that change to be approved administratively. The main issue with restaurant expansions is parking, given that restaurant uses require twice as many parking spaces as general retail uses. A detail accounting of all the occupants of a retail center and the number of parking spaces existing and provided will be required, if this proposal is adopted. Stated differently, this text amendment will allow for expansion, if adequate parking can be provided. ITEM #14 Page 1 of 2 The second proposed amendment is to delete the Special Use Permit requirement for restaurants, which do not have residential adjacency and/or a drive-in/through facility. If residential adjacency exists, then it would be appropriate to provide a vehicle for input for the neighboring residents to express their thoughts through the public hearing process. If a drive-through is proposed, then additional technical review, as well as a public hearing would also be warranted, regardless of residential zoning adjacency. However, if the restaurant desires to occupy an existing building, and sufficient parking exists, it may be approved administratively. It must be noted, however, if a new building is to be constructed, as required with all new development, a site plan approval process will be required. During staff’s discussion of various options to encourage retail development and redevelopment, it became apparent that input from stakeholders would be valuable in determining an effective strategy to address this issue. The City has tentatively scheduled a meeting on April 27th with various commercial property owners, tenants, leasing agents, etc., to receive input as to the impediments to development, redevelopment and occupancy of retail areas in Coppell. This meeting will be an open forum to express ideas and share experiences. Future text amendment could be forthcoming, based on the outcome of this meeting. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of amending Chapter 12, Zoning, Section 12-30-16. Restaurant to delete the requirement for Special Use Permits for restaurants, unless adjacent to a residential zoning district and/or has drive-through facilities, and further, to allow for the Administrative Approval of the expansion of existing restaurants, subject to certain conditions, as specifically outlined in the attached Exhibit A. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Exhibit “A” ITEM #14 Page 2 of 2 Page 1 of 4 EXHIBIT “A” To amend the Code of Ordinances, Chapter 12, Zoning, Section 12-30-16. Restaurant to delete the requirement for Special Use Permits for restaurants, unless adjacent to a residential zoning district and/or has drive-through facilities, and further, to allow for the Administrative Approval of the expansion of existing restaurants, subject to certain conditions. “Sec. 12-30-16. Restaurant. A restaurant, as that term is used in this section, shall mean any establishment or club that provides food service to the general public or to club members and their guests. A restaurant shall be permitted only require by a special use permit in the "O" office, "R" retail, “H” historic, "HC" highway commercial, "C" commercial, "TC" town center, or "LI" light industrial districts, or by special use permit within such districts which are a part of a planned de or “PD” planned development district, when either of the following conditions exist: a. The restaurant will be located within a structure, either free-standing or within an existing retail building whose property line abuts a residential zoning district; or b. The restaurant will have drive-in/through service. Restaurants shall be permitted without a special use permit if neither of these conditions apply. Provided, however, this provision notwithstanding, a special use permit for a restaurant may be permitted on property zoned single family residential with a special use permit for a golf course and clubhouse. 1. Special conditions. A special use permit for a restaurant, if granted, shall be subject to such reasonable special conditions as may be incorporated in the ordinance granting the special use permit, to protect the health, safety, and welfare of the general public and adjacent land uses. 1. In the event that the applicant shall obtain a permit to serve alcoholic beverages, it will be the applicant’s responsibility to comply with all applicable provisions of the Texas Alcoholic Beverage Code, including, but not limited to the submission of Texas Alcoholic Beverage Commission Form L-101CTY “Certificate of City Secretary” and other applicable forms and state regulations. 2. Time limit. In the event an application for a building permit for a restaurant is not made and secured within six months from the granting of the special use permit for the restaurant, the SUP will become null and void unless the owner/operator of the restaurant is granted an extension by the city council. In the event the owner or operator of a property having a zoning classification of a special use permit for a restaurant, ceases to operate the restaurant business use Page 2 of 4 for a period in excess of 90 days, the planning and zoning commission or the city council may initiate a zoning change to consider changing the zoning classification to such other classification as may be appropriate for the property. Each applicant for a special use permit for a restaurant shall be advised of this condition which shall be noted in the ordinance granting the zoning classification. 3. Signs. Exterior signs, other than established trade names, located on the outside of the building or premises of a restaurant, shall not advertise or refer to the sale or consumption of alcoholic beverages by words or symbols. 4. Submission requirements. The following shall be required at the time of an application for a special use permit for a restaurant: A. A proximity map or plat showing the zoning classification of adjacent property and the location and use of any structures on all properties within 300 feet of the restaurants, lots, or tract measured from the nearest property line of such lot or tract. B. Adequate copies of floor plans for the restaurant shall be submitted showing the dimensions of the following floor areas: 1. Eating areas; 2. Kitchen and food preparation area; 3. Waiting area; 4. Area of all other proposed uses within the restaurant; 5. All combined air-conditioned areas. C. Site Plan of the entire shopping center/retail building indicating: 1. Lease space of the proposed restaurant with square footage and dimension of frontage(s). 2. Parking analysis to assure that adequate parking exists to accommodate restaurant. 3. Proposed hours of operation. D. Elevation(s) of the building, indicating the lease space with dimensions and all proposed signage. 5. New restaurant in a lease space/building with an existing SUP for a restaurant. In the event that another restaurant occupies the same building/lease space, a new or revised special use permit is not required; although all building permit conditions must be in compliance. unless: A. The building or lease space is expanded or enlarged; B. The effective area of the sign is enlarged from the previous sign; C. Any other alteration that could increase intensity of the use. Page 3 of 4 A. The director of planning or designee may administratively approve a minor amendment to the existing SUP for the establishment of a new restaurant, subject to the following process: 1. Submission of an application accompanied by the appropriate fee for administrative site plan approval, the revised floor plan, sign plan, hours of operation and/or other pertinent information to the planning department for review. 2. The director will update the special use permit file to reflect the new restaurant. 3. The director will issue a letter of approval, approval with conditions or denial. In the event of a denial, or conditions that are contested by the applicant, a public hearing process will be required with payment of appropriate fee. 4. Once the new restaurant occupies the building, the building official, or his designee, shall provide the planning department an official copy of the certificate of occupancy. 6. Each application for a special use permit for a restaurant must be made by the property owner or the tenant with the written permission of the property owner. The planning and zoning commission and the city council may consider any relevant matter pertaining to the applicant or application which might affect the health, safety, and welfare of the community. 7. 7. Existing uses. Any restaurant in operation or which has been granted a special use permit for a restaurant at the time of the adoption of this ordinance shall be considered as a conforming use. 8. Expansion of existing restaurant. The director of planning or designee may administratively approve an amendment to an existing SUP to allow for expansion of a existing restaurant, subject to the following process: 1. Submission of an application accompanied by the appropriate fee for administrative site plan approval, the revised floor plan, sign plan, hours of operation, and a Site Plan of the entire shopping center/retail building indicating the lease space of the proposed restaurant expansion with square footage and dimension of frontage(s) and a parking analysis to assure that adequate parking exists to accommodate the restaurant expansion, and/or other pertinent information to the planning department for review. 2. The director will update the special use permit file to reflect the restaurant expansion. Page 4 of 4 3. The director will issue a letter of approval, approval with conditions or denial. In the event of a denial or conditions that are contested by the applicant, a public hearing process will be required with payment of appropriate fee. 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 Finance May 8, 2007 22 ✔ RESOLUTION Consider approval of a Resolution expressing official intent to receive reimbursement for costs incurred in connection with the design costs related to road improvements for Coppell Road, Deforest Road and Southwestern Blvd. prior to the issuance of the bonds, and authorizing the Mayor to sign. This resolution allows the City to receive reimbursement from the proceeds of the bond issue for costs that the City incurs related to the "Project" as outlined in the resolution. $Roads-1AR CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS : COUNTIES OF DALLAS AND DENTON : CITY OF COPPELL : We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 8TH DAY OF MAY, 2007, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to-wit: Douglas N. Stover, Mayor Billy Faught, Mayor Pro-Tem Tim Brancheau Jayne P. Peters Brianna Hinojosa-Flores Marsha Tunnell Marvin Franklin Bill York Libby Ball, City Secretary and all of said persons were present, except the following absentees: None, thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF CITY IMPROVEMENTS was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion carrying with it the passage of said Resolution, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2. That a true, full and correct copy of the aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. 3. That the Mayor of said City has approved and hereby approves the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED the 8th day of May, 2007. City Secretary Mayor RESOLUTION No. ____________ EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF CITY IMPROVEMENTS INCURRED IN CONNECTION WITH THE DESIGN COSTS RELATED TO ROAD IMPROVEMENTS FOR COPPELL ROAD, DEFOREST ROAD AND SOUTHWESTERN BLVD. PRIOR TO THE ISSUANCE OF THE BONDS. WHEREAS, the City of Coppell, Texas (the "Issuer") is a municipality of the State of Texas; and WHEREAS, the Issuer expects to pay expenditures in connection with the purpose of paying all or a portion of the City's contractual obligations for the purpose of paying design, engineering and similar preliminary costs for road improvements to portions of Coppell Road, Deforest Road and Southwestern Boulevard, and for paying legal and fiscal fees in connection with these projects; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, THAT: Section 1. The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount not to exceed $800,000, for the purpose of paying design, engineering and similar preliminary costs for road improvements to portions of Coppell Road, Deforest Road and Southwestern Boulevard, and for paying legal and fiscal fees in connection with these projects. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt obligations will be issued by the Issuer in furtherance of this Resolution after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Resolution more than three years after the date any expenditure which is to be reimbursed is paid. Section 4. This Resolution shall become effective immediately. PASSED, APPROVED AND EFFECTIVE this 8th day of May, 2007. ___________________________________ Mayor ATTEST: _____________________________ City Secretary APPROVED AS TO LEGALITY: ___________________________________ 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: Finance May 8, 2007 23 ✔ ORDINANCE Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2006-1135, the budget for Fiscal Year October 1, 2006 through September 30, 2007, and authorizing the Mayor to sign. This amendment is being brought forward to provide a transfer of funds, $250,000, to the City’s Self Insurance Fund. For the past 18 months, the City has experienced significant claims/costs for health care. This transfer will replenish a diminished fund balance in the Self Insurance Fund; see attached claims details. A transfer of funds for the design costs, $800,000, of Coppell Road, Deforest Road, and Southwestern Blvd. These design costs are to be repaid from the proceeds of the next Certificate of Obligation issue. Funds are available in General Fund - Fund Balance. Staff recommends approval. $BudAmend-1AR City of CoppellSelf Funded Health PlanClaims Per Month Since InceptionFY 00/01FY 01/02FY 02/03FY 03/04FY 04/05FY 05/06FY 06/07Oct -$ 81,229.78$ 117,669.18$ 92,158.90$ 102,495.31$ 85,144.67$ 85,517.99$ Nov - 67,768.74 47,604.77 240,899.08 98,202.03 145,756.53 223,900.20 Dec - 38,745.34 137,142.48 (83,701.18) 59,100.66 126,559.35 218,840.06 Jan 113,428.65 158,413.37 89,322.12 81,118.54 108,828.17 161,104.54 283,039.10 Feb 48,531.08 42,140.12 85,296.48 84,058.03 123,018.26 264,344.48 158,039.22 March 53,669.90 59,786.12 108,049.71 103,788.64 132,757.32 131,356.43 189,883.20 April 62,341.67 115,561.12 122,232.95 100,614.65 124,631.64 102,913.67 May 56,644.85 89,982.64 87,471.10 86,997.81 198,698.96 186,678.31 June 91,676.81 38,436.27 117,110.10 132,322.24 163,820.39 248,175.31 July 86,231.44 150,405.11 88,078.71 96,098.70 133,431.38 125,447.55 August 113,461.78 105,588.47 196,186.68 120,856.69 128,982.99 147,546.77 September 76,595.10 58,300.78 77,257.68 20,765.36 115,943.97 367,399.70 702,581.28$ 1,006,357.86$ 1,273,421.96$ 1,075,977.46$ 1,489,911.08$ 2,092,427.31$ 1,159,219.77$ ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY FOR THE FISCAL YEAR OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Budget Officer of the City of Coppell, Texas, did on the 5th day of August, 2006, file with the City Secretary, a proposed general budget for the City covering the fiscal year aforesaid, and WHEREAS, the City Council of the City of Coppell approved said budget on the 12th day of September, 2006, and WHEREAS, the governing body of the City has this date considered an amendment to said budget; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section No. 2 of Ordinance No. 2006-1135, for the 2006-07 Fiscal Year Budget, is hereby amended as follows: General Fund Current Budget Amending Budget Change Expenditures 1,247,543 2,297,543 1,050,000 Total Expenditures 1,050,000 Decrease in Designated Fund Balance 0 Net Expenditure Increase 1,050,000 Net decrease in Undesignated Fund Balance $1,050,000 SECTION 2. EFFECTIVE DATE. That this ordinance shall become effective immediately from and after its passage as the law and charter in such cases provide. DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the _____ day of May 2007. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ____________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _____________________________________ 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 City Manager May 8, 2007 24 ✔ CONTRACT/BID or PROPOSAL Consider approval of a Letter of Intent for a funeral home provider for a proposed municipal cemetery and authorizing the City Manager to sign. Staff recommends approval. Staff recommends approval. !FuneralHome May 4, 2007 Mr. Jim Witt City Manager City of Coppell P. O. Box 478 Coppell, Texas 75019 RE: FUNERAL HOME SITE LESSEES’ COMPARISON Dear Mr. Witt: On behalf of the City of Coppell, we solicited proposals from six (6) pre-qualified funeral service firms to lease the corner of Ruby and Freeport to develop, at their expense, a funeral home to be collocated on the grounds of the City Cemetery. We believe this will allow for the proper location of a funeral home to serve the residents of the City and substantially reduce the capital costs of developing the municipal cemetery. Of the six firms, four declined to propose for various reasons internal to each firm. We received two proposals. The first is from Homestead Funeral Homes, LLC of Grand Prairie, Texas. The second is from Stewart Enterprises, Inc. Economic Strength of Firms Homestead Funeral Homes, LLC operates one funeral home in Grand Prairie, Texas. The company has a sister firm, Aria Cremation Service. The Grand Prairie location has been open sixty days. Aria is three (3) years old. Aria is building two new locations to bring its total to three (3). The owners, Harold and Gill Giddens, provided a letter of interest to finance the Coppell Project from Palm Beach Links Capital, Inc. The letter is a part of the records on the search. Stewart Enterprises (STEI) is a publicly traded funeral service company headquartered in New Orleans. It was founded in 1910 and went public in 1991. The company has along-standing presence in the Dallas marketplace with, notably, Restland Memorial Park, Dallas; Laurel Land, Dallas; Laurel Land, Fort Worth; and Bluebonnet Hills Memorial Park in Colleyville. The firm provides over 6,000 services annually at its Dallas area firms. Stewart would fund the Coppell Project without debt with cash held by the company. Mr. Jim Witt Page 2 May 4, 2007 Expenses, Market Knowledge Both firms’ management have a depth of experience in the funeral and cemetery operations and an excellent working knowledge of the Coppell area. However, Stewart operates funeral businesses in both Grapevine and Carrollton in addition to the large locations sited above. As the second largest company in the funeral and cemetery industry, Stewart has a depth of employees, equipment and facilities to call upon in serving the Coppell residents. Compliance with the Conditions of the Proposal Both firms substantially complied with all the conditions suggested in the Request for Proposal. Both firms: 1. Will pay for funeral home design knowing the City may not proceed with the cemetery; 2. Are offering a triple net lease; 3. Are prepared to pay all the development costs for the facility and prorated costs for signage and the entry; 4. Will lease back the cemetery office space for a nominal annual rent; 5. Acknowledge the facility will be “first class” and will be subject to regular City approvals and codes. Proposed Fees to the City The rent will be a Fixed Rent paid monthly and a Revenue Rent as a percentage of defined revenues, whichever is greater. Rent Proposals: Homestead Stewart Fixed Rent $60,000 $50,000 Revenue Rent 6.0% 6.0% Recommendation We recommend the City select and enter into a Letter of Intent with Stewart Enterprises, Inc. Our recommendation is based upon Stewart’s depth of experience, quality of management and financial resources. Secondly, Stewart 2 Mr. Jim Witt Page 3 May 4, 2007 has similar lease/develop/operate agreements with other organizations, notably the Roman Catholic Archdiocese of Los Angeles. This gives us a track record of the manageability of such a relationship and Stewart receives high marks for the quality of its facilities and client services. Attached to this letter is a draft Letter of Intent acceptable to Stewart as a reference. Please advise us if you wish more information or if you have questions or concerns. Thank you. Respectfully submitted, Lawrence F. Sloane President LFS:mmb Attachment 3 COPPELL FUNERAL HOME PROVIDER LETTER OF INTENT 1. AEON Management Services, LLC, hereinafter called the “Funeral Firm” will lease 2.5± acres of real property within the Coppell Cemetery on Freeport Parkway at Ruby Avenue. The site is identified in the Master Plan attached to this letter. 2. The Base Lease Term shall be thirty (30) years, with one thirty (30 year option. 3. The Base Rent throughout the Base Lease Term shall be $60,000 per year. 4. The Ground Lease shall be a triple-net lease, i. e. the Funeral Firm will be responsible for all taxes, insurance and a prorated amount for the common area maintenance. It is suggested the Funeral Firm would absorb a prorated cost equal to the actual square footage of land associated with the funeral home. The Funeral Firm will be responsible for the maintenance and repair of all improvements to the structure, parking, etc., within the lease premises including, but not limited to, buildings, accessory structures, and landscaping. 5. Revenue Rent (computed on gross revenues) equal to six percent (6%) versus the Base Rent 6. The Funeral Firm will be responsible for all costs relating to the design and development of the “first class” traditional funeral home, including all governmental approvals, licenses, etc. The Funeral Firm anticipates it will engage J. Stuart Todd to design the funeral home. 7. The Funeral Firm will provide reasonable and suitable office space for the management of the cemetery in the funeral home building. The charge to the City shall be $1.00 per year for space to be determined. Furniture, fixtures and equipment shall be the responsibility of the City or its designee. 8. The Funeral Firm shall be responsible for all occupation licenses, permits, utility charges and applicable ad valorem and personal property taxes on the leased premises and its contents. 9. The Funeral Firm shall provide the City of Coppell building design review and approval provisions, which Coppell shall not unreasonably withhold. 10. The Funeral Firm shall agree to a Base Lease Term of thirty (30) years commencing from the time it receives a certificate of occupancy and opens the funeral home. 11. During the design phase of the cemetery and funeral home which, it is suggested, should occur simultaneously Coppell and the Funeral Firm will agree on co-signage and entry features and the Funeral Firm will share in same on a formula equitable to all parties. 12. The non-binding Letter of Intent will be subject to: a) City approval of the Cemetery Project; b) Zoning and permitting for both the Cemetery and Funeral Home; and c) City financing for the project being in place. 13. The letter would be governed by the laws of Texas and venue for any proceeding shall be in Dallas County, Texas. 14. The parties would agree that the other party is not liable for any cost incurred by the City to date nor will the City be liable for the costs incurred by the Funeral Firm if the project is abandoned. 15. If the parties do not consummate a lease/development agreement on or before August 31, 2005, then the terms of this letter shall expire. 16. The parties will commit to entering into an appropriate lease and development agreement to reflect the terms of this Letter of Intent. FUNERAL FIRM CITY OF COPPELL By: _______________________ By_____________________________ Title: _____________________ Title: ___________________________ DATE: May 8, 2007 ITEM #: 25 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding the American Cancer Society Relay for Life. C. Report by Mayor Stover regarding the Council Retreat. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: May 8, 2007 ITEM #: 26 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork DATE: May 8, 2007 ITEM #: 27 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: May 8, 2007 Department Submissions: Item No. 9/B was placed on the Agenda for the above-referenced City Council meeting by the Engineering Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Engineering Department Item Nos. 9/C, 9/D, 9/E, 9/F, 9/G, 9/H, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 were placed on the Agenda for the above-referenced City Council meeting by the Planning Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Planning Department Financial Review: I certify that I have reviewed all the items submitted for consideration on the Agenda for the above-referenced City Council Meeting and have inserted any financial comments where appropriate. ____________________ Finance Department City Manager Review: I certify that I have reviewed the complete Agenda and Packet for the above-referenced City Council Meeting and hereby submit the same to the City Council for consideration. ____________________ City Manager (or Deputy City Manager)