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CP 2007-06-12 NOTICE OF CITY COUNCIL MEETING AND AGENDA JUNE 12, 2007 DOUG STOVER, BRIANNA HINOJOSA-FLORES, Place 3 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5 JAYNE PETERS, Place 2 MARVIN FRANKLIN, Place 6 MARSHA TUNNELL, Place 4 BILL YORK, Place 7 JIM WITT, City Manager MEETING TIME AND PLACE: Call to Order 5:30 p.m. Council Chambers (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:00 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, June 12, 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. ag061207 Page 1 of 7 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. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Lease of property west of Coppell Road and north of Bethel Road. C. 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. Discussion regarding appointment to the Parks and Recreation Board. B. Discussion regarding appointments to Council Committees. C. 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. ag061207 Page 2 of 7 ITEM # ITEM DESCRIPTION 6. Pledge of Allegiance. 7. Citizens' Appearances. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: May 22, 2007. B. Consider approval of a Resolution providing support for Super Bowl XLV and its related Super Bowl activities in the North Texas region; providing for governmental services at no cost, expense or liability to NFL or the two participating teams; providing prohibition for sponsorships during the two weeks prior and through the week of Super Bowl XLV; providing for the coordination of governmental services with other jurisdictions and authorizing the Mayor to sign. C. Consider approval of an Ordinance for Case No. PD–217-C, from C (Commercial) to PD-217-C (Planned Development-217- Commercial), to allow the reuse and renovation of the existing 4,940-square-foot structure for a pet day care/boarding/spa on 0.637 acres of property located on the north side of Bethel School Road, approximately 240 feet east of Denton Tap, property known as 120 East Bethel School Road, and authorizing the Mayor to sign. D. Consider approval of an Ordinance for Case No. PD-222-LI, Duke Lesley Addition, zoning change from LI (Light Industrial) to PD-222-LI (Planned Development-222-Light Industrial) to allow for a parking ratio of one space per 5,000-square-feet for warehouse use and a living screen for truck courts instead of a masonry wall on 106 acres of property and to attach a Detail Site Plan to allow a 755,394- square-foot office warehouse building on 36.2 acres of property located at the northwest corner of Beltline Road and the proposed extension of Dividend Drive, and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. PD-226-LI, Amcat (Northlake 635 Business Park, Lot 7, Block C, Essex Wire), zoning change from LI (Light Industrial) to PD-226-LI (Planned Development- 226-Light Industrial) to allow the construction of one non-masonry structure and relocation of roof climbing area with a landscape screen on 3.5 acres of property located at 1230 Crestside Drive, and authorizing the Mayor to sign. ag061207 Page 3 of 7 ITEM # ITEM DESCRIPTION F. Consider approval of an Ordinance for Case No. S-1187R2-C, Pizza Inn, zoning change 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, and authorizing the Mayor to sign. G. Consider approval of an Ordinance for Case No. S-1216R, Cool Star Beverage, zoning change 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), and authorizing the Mayor to sign. END OF CONSENT 9. Consider approval to award Bid #Q-0507-02 to The Armored Group, LLC for the purchase of a Police SWAT Vehicle in the amount of $55,000 to be purchased from funds in the Police Forfeiture/Seizure fund; and authorizing the City Manager to sign. 10. PUBLIC HEARING: Consider approval of Case No. S-1017R-LI, Tetco, zoning change request from S-1017-LI (Special Use Permit-1017-Light Industrial) to S-1017R-LI (Special Use Permit-1017 Revised-Light Industrial), to allow for a 160- square-foot addition to the existing car wash building for storage on 0.92 of an acre of property located at the southeast corner of Belt Line Road and MacArthur Boulevard. 11. PUBLIC HEARING: Consider approval of the Amberpoint Business Park at Coppell, Lot1AR, Block A, Replat, to revise the location of the fire lane to allow the previously approved expansion of the existing Staples office/warehouse on 17.91 acres of property located at the southwest corner of Sandy Lake Road and Northpoint Drive. ag061207 Page 4 of 7 ITEM # ITEM DESCRIPTION 12. PUBLIC HEARING: Consider approval of the Lost Creek Addition, Lots 1-27, 1X-3X, Block 1, Replat, (being a replat of Lot 1, Block C, Coppell Road Business Park Addition) to allow the development of 25 residential units, recreation, open space common areas and two commercial lots on 5.56 acres of property located along the east side of Coppell Road, approximately 210 feet north of Bethel Road. 13. Consider approval of the Park West Commerce Center, Lot 4R, Block 7 (BMC Millwork), Site Plan Amendment, to allow an 89,850-square-foot addition to the existing 115,170-square-foot office/warehouse building, expansion of a portion of the existing parking and modification to three dock doors on 9.42 acres of property located at 425 Airline Drive. 14. PUBLIC HEARING: Consider approval of the Park West Commerce Center, Lot 4R, Block 7 (BMC Millwork), Replat, to establish the fire lanes to allow an 89,850- square-foot addition to the existing 115,170-square-foot office/warehouse building on 9.42 acres of property located at 425 Airline Drive. 15. PUBLIC HEARING: Consider approval of Case No. PD-220R-SF-12, Alexander Court, to amend the land use designation on the Comprehensive Land Use Plan from Neighborhood Retail to Residential Low Density on approximately four acres of property along Denton Tap Road and a zoning change request from C (Commercial) to PD-220R-SF-12 (Planned Development-220 Revised-Single Family-12), with a Detail Site Plan, to allow the development of 29 single-family homes and two common areas on 18.5 acres of property located at the northwest corner of Bethel and Denton Tap Roads. 16. Consider approval of the Alexander Court, Lots 1-29X, Block A, Preliminary Plat, to allow the subdivision of 29 single-family lots and two common area lots on 18.5 acres of property located at the northwest corner of Bethel and Denton Tap Roads. 17. Consider granting the Planning & Zoning Commission Final Plat approval authority of Alexander Court, Lots 1-29X, Block A, to allow the subdivision of 29 single-family lots and two common area lots on 18.5 acres of property located at the northwest corner of Bethel and Denton Tap Roads. ag061207 Page 5 of 7 ITEM # ITEM DESCRIPTION 18. Consider approval of appointing a regular member to the Parks and Recreation Board to fill the seat vacated by Stephen Hafer. 19. Consider appointments to Council Committees. 20. Mayor and Council Reports. A. Report by Mayor Stover regarding Coppell Copperhead Baseball. 21. Necessary action resulting from Work Session. 22. 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 8th day of June, 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. ag061207 Page 6 of 7 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). ag061207 Page 7 of 7 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: June 12, 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. B. Section 551.072, Texas Government Code – Deliberation regarding Real Propertyl 1. Lease of property west of Coppell Road and north of Bethel Road. C. 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: June 12, 2007 ITEM #: WS-3 AGENDA REQUEST FORM WORK SESSION A. Discussion regarding appointment to the Parks and Recreation Board. B. Discussion regarding appointments to Council Committees. C. Discussion of Agenda Items. Agenda Request Form - Revised 02/04 Document Name: %worksession DATE: June 12, 2007 ITEM #: 7 AGENDA REQUEST FORM CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS ". . . 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %citapp.doc 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 June 12, 2007 8/A ✔ PROCEDURAL Consider approval of minutes: May 22, 2007. Minutes of the City Council meeting held on May 22, 2007. Staff recommends approval. %minutes MINUTES OF MAY 22, 2007 The City Council of the City of Coppell met in Regular Called Session on Tuesday, May 22, 2007, at 5:30 p.m. in the City Council Chamber s of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Billy Faught, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember Bill York, Councilmember Mayor Stover was absent from the meeting. Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. REGULAR SESSION (Open to the Public) 1. Call to order. Mayor Pro Tem Faught called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3; and CB Parkway Business Center, et al vs. City of Coppell, et al; and City of Dallas vs. Douglas Stover, et al in the 191st cm052207 Page 1 of 11 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. Mayor Pro Tem Faught convened into Executive Session at 5:40 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 6:30 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Presentation by Coppell High School Math Students. B. Vision 2030 – Process and Appointments to Steering Committee. C. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Msgr. Leon Duesman of St. Ann Catholic Church led those present in the Invocation. 6. Pledge of Allegiance. Councilmember Brancheau led those present in the Pledge of Allegiance. cm052207 Page 2 of 11 7. Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. This item was considered after Item 20. Action: Councilmember York moved to nominate Councilmember Brianna Hinojosa-Flores to serve as Mayor Pro Tem for the coming year. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa- Flores, Tunnell, Franklin and York voting in favor of the motion. 8. Report by Park Board. This item was pulled from the agenda. 9. Citizens' Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: May 8, 2007. B. Consider approval of removing Stephen Hafer from the Park Board due to attendance requirements not being met. C. Consider approval of a resolution marking the third anniversary of the "Welcome Home a Hero" program at DFW Airport, and authorizing the Mayor to sign. D. Consider approval of awarding Bid # Q-0407-01, for Cleaning and Related Services of municipal buildings, to Regent Services in the amount of $121,244.04 as cm052207 Page 3 of 11 budgeted, for a one-year period beginning June 1, 2007, with renewal options for an additional 4-years; and authorizing the City Manager to sign. E. Consider approval of an ordinance amending Article 8-3 Parking, Section 8-3-1(A) of the Code of Ordinance for the City of Coppell to prohibit stopping, standing or parking a vehicle at all times, on both sides of Crestside Drive beginning at a point approximately 430 feet south of its intersection with Wrangler Drive and extending to a point at the west property line of Lot 1, Block A of the PSI Net Addition in the Northlake 635 Business Park; and authorizing the Mayor to sign. F. Consider approval to enter into a Professional Engineering Services Agreement with Kimley-Horn and Associates, Inc. to provide review services of Floodplain Study submittals, for compliance with City of Coppell ordinances and Federal Emergency Management Agency (FEMA) requirements; and authorizing the City Manager to sign. Action: Councilmember Peters moved to approve Consent Agenda Items A, B, C carrying Resolution No. 2007-0522.1, D, E carrying Ordinance No. 2007- 1164 and F. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Branch eau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in f avor of the motion. 11. PUBLIC HEARING: Consider approval of Case No. PD-223-C and S-1114-C, Kimbel Addition, zoning change request from C (Commercial), S-1085- C and S-1114-C to PD-223-C and S-1114-C (Planned Development 223-Commercial and Special Use Permit 1114- Commercial) to allow the construction of two retail/medical buildings, a bank, the retention of an existing take-out restaurant (S-1114-C, Papa John’s) and a portion of an existing retail structure, totaling 25,245-square-feet, and to allow a cm052207 Page 4 of 11 reduction in landscaped areas, required setbacks, alternative signage colors, sizes and locations and other deviations from the requirements of the Zoning Ordinance, on 2.9 acres of property located at the northeast corner of Sandy Lake Road and MacArthur Boulevard. Presentation: Marcie Diamond, Assistant Planning Director, made a presentation to the Council. Ken Griffin, Director of Engineering and Public Works, answered questions of Council. Bennett Ratliff, representing Applicant, addressed the Council. Alen Hinkley, Applicant, addressed the Council. Michael Clark answered questionss on behalf of Applicant. David Williams addressed questions on behalf of Applicant. Public Hearing: Mayor Pro Tem Faught opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember York moved to close the Public Hearing. Councilmember Hinojosa-Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. Councilmember Brancheau moved to approve Case No. PD-223-C and S- 1114-C, Kimbel Addition, zoning change request from C (Commercial), S- 1085-C and S-1114-C to PD-223-C and S-1114-C (Planned Development 223-Commercial and Special Use Permit 1114-Commercial) to allow the construction of two retail/medical buildings, a bank, the retention of an existing take-out restaurant (S-1114-C, Papa John’ s) and a portion of an existing retail structure, totaling 25,245-square-feet, and cm052207 Page 5 of 11 to allow a reduction in landscaped areas, required setbacks, alternative signage colors, sizes and locations and other deviations from the requirements of the Zoning Ordinance, on 2.9 acres of property located at the northeast corner of Sandy Lake Road and MacArthur Boulevard with the site plan, elevation, sign and landscaping plan as presented by the applicant at this meeting and with amended elevation for existi ng retail center that EFIS be included.. Councilmember York seconded the motion; the motion carried 6-1 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion and Councilmember Tunnell voting against the motion. 12. Consider approval to rescind the previously awarded Bid # Q 1106- 04 for the annual Reinforced Concrete Paving Repair Project to Ken- Do Contracting and to award Bid # Q 0507-01 for the rebid of the annual Reinforced Concrete Paving Repair Project to Laughley Bridge and Construction, Inc. in an amount of $300,000 as budgeted in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. Action: Councilmember Peters moved to rescind the previously awarded Bid # Q 1106-04 for the annual Reinforced Concrete Paving Repair Project to Ken-Do Contracting and to award Bid # Q 0507-01 for the rebid of the annual Reinforced Concrete Paving Repair Project to Laughley Bridge and Construction, Inc. in an amount of $300,000 as budgeted in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 13. Consider approval of an Interlocal Agreement between the city of Irving and the city of Coppell for mutual interest in cm052207 Page 6 of 11 communications consultancy services for the benefits of the citizens in their respective municipalities, and the greater Dallas community, and authorizing the Mayor to sign. Presentation: Cit Manager Jim Witt made a presentation to the Council. Action: Councilmember Franklin moved to approve an Interlocal Agreement between the city of Irving and the city of Coppell for mutual interest in communications consultancy services for the benefits of the citizens in their respective municipalities, and the greater Dallas community, and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 14. Consider approval of a Letter of Intent for a funeral home provider for a proposed municipal cemetery and authorizing the City Manager to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Councilmember York moved to approve a Letter of Intent with Stewart Enterprises to be the funeral home provider for a proposed municipal cemetery and authorizing the City Manager to sign. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 15. Consider appointments to Council Committees. This item was postponed. cm052207 Page 7 of 11 16. City Manager's Report. A. FY07 Goals and Objectives. A. City Manager Jim Witt reported on the Council goals and objectives for this fiscal year. The City Manager is still working on sch eduling meetings with developers, and has economic development incentive situations to bring back. The online citizen satisfaction survey will be discussed soon. Council is on target to meet the year’s goals and objectives. 17. Mayor and Council Reports. A. Report by Mayor Stover regarding Video on Susan G. Komen North Texas Race for the Cure. B. Report by Mayor Stover regarding Project Graduation May 29th. A. Mayor Pro Tem Faught presented an 8-minute video on the Susan G. Komen North Texas Race for the Cure, scheduled for June 2, 2007. B. Mayor Pro Tem Faught reported Project Graduation will be held on May 29, 2007 at the Main Event in Lewisville. 18. 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. cm052207 Page 8 of 11 H. Metrocrest Medical Services – Councilmember Hinojosa- Flores. I. Metrocrest Social Service Center – Councilmember York. J. North Texas Council of Governments - Councilmember Peters. K. NTCOG/Regional Emergency Management - Councilmember Franklin. L. North Texas Commission - Councilmember Brancheau. M. Senior Adult Services – Mayor Pro Tem Faught. A. Councilmember Tunnell reported on the election of new school board trustee Frank Shore. Carrollton/Farmers Branch ISD/ Lewisville ISD will have their last day of school on May 24th. Newsweek listed Creekview, Neuman Smith and R. L. Turner in its Top 1200 High Schools in the US. B. Mayor Pro Tem Faught announced the graduation statistics for this year’s graduating class. 710 seniors will be graduating. 92% will be attending 2-4 year colleges. Three military awards were issued, and three RTOC full scholarships were awarded. A total of $5 million was earned this year in scholarship funding. C. Councilmember Brancheau stated that the Coppell Seniors will have their luncheon meeting on Wednesday, May 23rd. D. Councilmember Peters reported the end of the Legislative Session is scheduled for May 28th. Several bills affect the area’s transportation concerns, including HB 1892, which was vetoed by the Governor. Also, the North Texas Transportation Authority has submitted a proposal for SH121, which will be evaluated by the Regional Transportation Council. E. Councilmember Franklin reported the committee met on May 2 nd. There is also a major mixed-use project to be announced soon. F. Nothing to report. G. Nothing to report. H. Nothing to report. cm052207 Page 9 of 11 I. Nothing to report. J. Councilmember Peters informed the members that NTCOG will be hosting the 41st annual General Assembly Meeting on June 15th at the Hilton in Arlington. K. Nothing to report. L. Councilmember Brancheau announced that the Freedom Foundatio n awarded the George Washington Honor Medal to the Troops Rest and Relaxation Program. M. Mayor Pro Tem Faught read a letter from a citizen’s daughter regarding the helpful services provided to local adult seniors. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3; and CB Parkway Business Center, et al vs. City of Coppell, et al; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. 2. 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. cm052207 Page 10 of 11 Mayor Stover convened into Executive Session at 9:23 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 10:15 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) 19. Necessary action resulting from Work Session. There was no action necessary under this Item. 20. Necessary Action Resulting from Executive Session. There was no action necessary under this Item. Item 7 was considered at this time. See Item7 for minutes. The makeup of council is now as follows: Doug Stover, Mayor Brianna Hinojosa-Flores, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember Bill York, Councilmember There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary cm052207 Page 11 of 11 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 City Manager's Office June 12, 2007 8/B ✔ RESOLUTION Consider approval of a Resolution providing support for Super Bowl XLV and its related Super Bowl activities in the North Texas region; providing for governmental services at no cost, expense or liability to NFL or the two participating teams; providing prohibition for sponsorships during the two weeks prior and through the week of Super Bowl XLV; providing for the coordination of governmental services with other jurisdictions and authorizing the Mayor to sign. The North Texas region was awarded on May 22, 2007, the bid for Super Bowl XLV. The Super Bowl Host Committee has asked for support from all North Texas communities in their efforts to make Super Bowl XLV successful and beneficial for all participating communities. This Resolution is the first step in showing Coppell's support for and commitment to Super Bowl XLV. Staff recommends approval. !Super Bowl XLV - 1 AR RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, PROVIDING SUPPORT FOR SUPER BOWL XLV AND ITS RELATED SUPER BOWL ACTIVITIES IN THE NORTH TEXAS REGION; PROVIDING FOR GOVERNMENTAL SERVICES AT NO COST, EXPENSE OR LIABILITY TO NFL OR THE TWO PARTICIPATING TEAMS; PROVIDING PROHIBITION FOR SPONSORSHIPS DURING THE TWO WEEKS PRIOR AND THROUGH THE WEEK OF SUPER BOWL XLV; PROVIDING FOR THE COORDINATION OF GOVERNMENTAL SERVICES WITH OTHER JURISDICTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the National Football League (the "League") owns, produces and controls the annual professional football championship game known as the "Super Bowl", the largest national annual sporting event held in this country; NFL Properties LLC ("NFLP" or, together with the League, the "NFL") owns, produces and controls the "NFL Experience," and along with other NFL Affiliates owns, produces and controls certain other events associated with the Super Bowl ("Official Events") (Official Events together with North Texas Super Bowl XLV Bidding Committee, Inc. ("Host Committee") events are referred as "Super Bowl Activities"); and WHEREAS, a Super Bowl has never been held in the North Texas Region; and WHEREAS, the City of Coppell along with the entire North Texas Region is desirous of hosting Super Bowl XLV and its related Super Bowl Activities; and WHEREAS, the North Texas Region hosting Super Bowl XLV and its related Super Bowl Activities will generate goodwill, enhance the worldwide renown and prestige of the City of Coppell, create temporary jobs and create substantial beneficial economic and fiscal activity; and WHEREAS, as part of the formal bid of the North Texas Region to be designated as the site for Super Bowl XLV and its related Super Bowl Activities and in anticipation of accommodating arriving Super Bowl visitors if the North Texas Region is so designated, the City Council of the City of Coppell wants to express its support for Super Bowl XLV and its related Super Bowl Activities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the findings contained in the preamble of this Resolution are determined to be true and correct and are hereby adopted as a part of this Resolution. -2- TM 16703.2.000 SECTION 2.That the City of Coppell welcomes Super Bowl XLV and its related Super Bowl Activities to its jurisdiction and to that end declares its full support of the efforts of the Host Committee to have the North Texas Region selected as the site for Super Bowl XLV. SECTION 3.That, upon designation of the North Texas Region as the site for Super Bowl XLV, and at all times thereafter, the City of Coppell and its agencies, departments and personnel, agree to provide all governmental services (including without limitation public safety, security, fire and medical emergency, traffic, decorative display and public works/street maintenance services and supplies) at no cost, expense or liability to the NFL or the two participating Teams (the "Teams") or the Host Committee (whether, recognizing the uniqueness and extraordinary scope of the Super Bowl, such services are below, equal to or beyond the normal level and range of public safety services usually provided for events held within the jurisdiction), including all planning, training or deployment activities related to the provision of such services. SECTION 4.That the City of Coppell agrees that it shall not authorize any sponsorships of the City of Coppell during the two weeks prior, through the week following, of Super Bowl XLV and its related Super Bowl Activities. SECTION 5.That, upon designation of the North Texas Region as the site for Super Bowl XLV, City Council hereby directs all City agencies, departments and personnel to coordinate all governmental services within the City with those from other jurisdictions in the North Texas Region, the State of Texas and other appropriate governmental authorities and organizations, and to cooperate with the Host Committee to ensure that the North Texas Region is the best possible host of Super Bowl XLV and its related Super Bowl Activities. SECTION 6.That the City of Coppell agrees that neither the NFL, the Teams, the Host Committee, nor any director, shareholder, officer, agent, employee or other representative of the NFL or the Teams or the Host Committee shall be held accountable for or incur any financial responsibility or liability of any kind or nature whatsoever in connection with the governmental services planned and/or provided relating to Super Bowl XLV and its related Super Bowl Activities (including without limitation law enforcement and public safety services, fire and emergency medical services, construction and permitting services, and coordination with other governmental authorities). SECTION 7.That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Coppell. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2007. APPROVED: _________________________________________ DOUGLAS N. STOVER, MAYOR -3- TM 16703.2.000 ATTEST: _________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 6/4/07) 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 June 12, 2007 8/C ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD–217-C, from C (Commercial) to PD-217-C (Planned Development-217-Commercial), to allow the reuse and renovation of the existing 4,940-square-foot structure for a pet day care/boarding/spa on 0.637 acres of property located on the north side of Bethel School Road, approximately 240 feet east of Denton Tap, property known as 120 East Bethel School Road, and authorizing the Mayor to sign. On October 19, 2006, the Planning Commission recommended approval of this zoning change (3-2). Commissioners Haas, Fox and Reese voting in favor. Commissioners Borchgardt and Kittrell voting in opposition. On November 14, 2006, Council unanimously approved this zoning change (7-0). @PD-217-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 C (COMMERCIAL) TO PD- 217-C (PLANNED DEVELOPMENT-217-COMMERCIAL) TO ALLOW A 4,940-SQUARE-FOOT STRUCTURE FOR A KENNEL ON 0.664 ACRES OF PROPERTY LOCATED ON THE NORTH SIDE OF BETHEL SCHOOL ROAD, APPROXIMATELY 240 FEET EAST OF DENTON TAP, PROPERTY KNOWN AS 120 EAST BETHEL SCHOOL ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B, C, AND D”, RESPECTIVELY; PROVIDING FOR DEVELOPMENT AND USE REGULATIONS; 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-217-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 PD-217- TM 16969.2.000 C (Planned Development-217-Commercial), to allow a 4,940-square-foot structure for a kennel on 0.637 acres of property located on the north side of Bethel School Road, approximately 240 feet east of Denton Tap, property known as 120 East Bethel School 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 site plan, landscape plan and elevations and the development and use standards as follows: (A) A four foot (4’) sidewalk shall be constructed parallel to Bethel School Road. (B) Side yard setback along the east property line shall be 14’-6”. (C) Provision of a minimum of 16, 8’-6” x 18’ parking spaces. (D) Perimeter landscape buffer is not required along a portion of the north property line (approximately 45 feet in length) as depicted on the Landscape Plan, Exhibit C, provided herein. (E) That the hours of operation shall be between the hours of 6:00 a.m. and 11:00 p.m., Sunday through Saturday. (F) That only dogs shall be boarded at the facility. (G) That no dogs shall be left outdoors unattended at any time. (H) That the premises shall be kept and maintained in a clean and healthy state. (I) That animal feces shall be removed and disposed of in a closed container or through the wastewater system. SECTION 3. The property shall be developed and used in accordance with the C (Commercial) development standards under the Coppell Zoning Ordinance, except as amended in TM 16969.2.000 2 the development and use standards and Site Plan, Landscape Plan and Elevations attached hereto as Exhibits “B, C, and D”, respectively, and made a part hereof for all purposes, which are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 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 TM 16969.2.000 3 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 6/1/07) TM 16969.2.000 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 June 12, 2007 8/D ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-222-LI, Duke Lesley Addition, zoning change from LI (Light Industrial) to PD-222-LI (Planned Development-222-Light Industrial) to allow for a parking ratio of one space per 5,000-square-feet for warehouse use and a living screen for truck courts instead of a masonry wall on 106 acres of property and to attach a Detail Site Plan to allow a 755,394-square-foot office warehouse building on 36.2 acres of property located at the northwest corner of Beltline Road and the proposed extension of Dividend Drive, and authorizing the Mayor to sign. On March 15, 2007, the Planning Commission unanimously recommended approval of this zoning change (5-0). Commissioners Haas, Kittrell, Borchgardt, Reese and Frnka voted in favor, none opposed. On April 10, 2007, Council unanimously approved this zoning change (6-0). Staff recommends APPROVAL. @PD-222-LI, 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 LI (LIGHT INDUSTRIAL) TO PD-222-LI (PLANNED DEVELOPMENT-222-LIGHT INDUSTRIAL) TO ALLOW FOR A PARKING RATIO OF ONE SPACE PER 5,000- SQUARE-FEET FOR WAREHOUSE USE AND A LIVING SCREEN FOR TRUCK COURTS INSTEAD OF A MASONRY WALL ON 106 ACRES OF PROPERTY AND TO ATTACH A DETAIL SITE PLAN TO ALLOW A 755,394-SQUARE-FOOT OFFICE WAREHOUSE BUILDING ON 36.2 ACRES OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF BELTLINE ROAD AND THE PROPOSED EXTENSION OF DIVIDEND DRIVE AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE ZONING EXHIBIT, 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-222-LI should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be TM 17080.2.000 and the same is hereby amended by granting a change in zoning from LI (Light Industrial) to PD- 222-LI (Planned Development-222-Light Industrial) to allow for a parking ratio of one space per 5,000-square-feet for warehouse use and a living screen for truck courts in lieu of a masonry wall on 106 acres of property and to attach a Detail Site Plan to allow a 755,394-square-foot office warehouse building on 36.2 acres of property located at the northwest corner of Beltline Road and the proposed extension of Dividend Drive, 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 Zoning Exhibit, Detail Site Plan, Landscape Plan and Elevations and the development standards as follows: A) General purpose. This PD-LI district is intended to provide amend the standard light industrial zoning in regards to parking requirements and screening of the truck courts. B) Use regulations. 1. Any use permitted in the "LI" district, under the Code of Ordinances as adopted on the effective date of this ordinance, provided that such manufacturing or industrial operation shall not disseminate dust, fumes, gas, noxious odor, smoke, glare, or other atmospheric influence beyond the boundaries of the property on which such use is located; and, when such use does not produce any noise exceeding in intensity at the boundary of the property the average intensity of noise of street traffic at that point and provided that such use does not create fire hazards on surrounding property. TM 17080.2.000 2. Any use permitted in any of the "O" office, "R" retail, and "C" commercial districts under the Code of Ordinances as adopted on the effective date of this Ordinance. 3. Apparel and other products assembled from finished textiles. 4. Bottling works. 5. Carting, express, hauling or storage yard. 6. Cosmetic manufacturer. 7. Drugs and pharmaceutical products manufacturing. 8. Electronic products manufacturing. 9. Fur goods manufacture, but not including tanning or dyeing. 10. Glass products from previously manufactured glass. 11. Household appliance products assembly and manufacture from prefabricated parts. 12. Industrial and manufacturing plants including the processing or assembling of parts for production of finished equipment where the process of manufacturing or treatment of materials is such that only a nominal amount of dust, odor, gas, smoke or noise is emitted and not more than 20 percent of the lot or tract is used for the open storage of products, materials, or equipment. 13. Musical instruments assembly and manufacture. 14. Plastic products manufacture, but not including the processing of raw materials. 15. Sporting and athletic equipment manufacture. 16. Testing and research laboratories. 17. Housing prefabrication. TM 17080.2.000 18. General warehousing activities (including convenience storage or "mini warehouse"). 19. Any uses permitted by special use permit, section 12-30-12. 20. Technology equipment facility. C) Height regulations. Height regulations will be: Office or industrial use - None except limited to 35 feet on any portion of the site within 150 feet of property zoned or used for A, SF-ED, SF-18, SF-12, SF-9, SF- 7, SF-0, 2F-9, TH-1, TH-2, MF-1 or MF-2. D) Area regulations. 1. Minimum size of yards: a) Front yard: 30 feet with no front yard parking. If front yard parking is utilized then 60 feet front yard setback shall be observed. b) Side yard: Ten feet unless adjacent to property in residential district; then a minimum of 50 feet shall be observed. c) Rear yards: Ten feet unless adjacent to property in a residential district; then a minimum of 50 feet shall be observed. d) For structures requiring railroad access, setback requirements from the centerline of the railroad right-of-way shall be in accordance with applicable state laws. 2. Minimum size of lot: a) Lot area: 5,000 square feet. b) Lot width: 50 feet. c) Lot depth: None. TM 17080.2.000 3. Lot coverage: In no case shall more than 50 percent of the lot area be covered by the main building and accessory buildings. An additional ten percent coverage is allowed for parking structures. 4. Floor area ratio: Maximum F.A.R. 2.0 to 1. E) Parking regulations. 1. Required off-street parking shall be as follows: a) One space for each 5,000 square feet of warehouse and one space for each 300 square feet of office. b) All parking shall be located at least 30 feet behind the front property line and five feet from the rear property line. Parking may be allowed 15 feet behind the front property line provided that a landscape plan has been submitted and approved by the planning commission that clearly indicates the parking front setback reduction. F) Type of construction. Exterior wall construction in districts permitting non-residential uses shall be of such material that is required to conform with the City of Coppell Building Code for the particular non-residential use or occupancy involved. All structures shall be 80 percent masonry exterior exclusive of doors and windows. Tilt wall shall be considered an allowable masonry exterior. 1. Exterior wall surfaces should consist of no more than three earth tone colors. The base color may be utilized on up to 80 percent of the surface area of any one facade of a building. An accent color may be used on up to 1 percent of the surfaces area of any one facade. For calculations purposes, wall surfaces should include eaves, gables and parapets, but should exclude roofs, awnings or signs. TM 17080.2.000 2. Where walls exceed 100 feet in length, additional architectural accents must be included to break up the expanse of the wall. These include items such as reveals, windows, and vertical wall articulations, among others. G) Screening. Truck courts facing Dividend Blvd shall be screened with a “living wall” to be comprised of a combination of earthen berms not less than six (6) feet in height and approved natural materials as called out in article 34 in lieu of masonry screen walls. SECTION 3. The property shall be developed and used in accordance with the LI (Light Industrial) development regulations and standards under the Coppell Zoning Ordinance, except as amended in the development regulation hereinbefore set forth and as provided on the Zoning Exhibit, Detail Site Plan, Landscape Plan and Elevations attached hereto as Exhibits “B, C, 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 TM 17080.2.000 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 6/1/07) 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 June 12, 2007 8/E ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-226-LI, Amcat (Northlake 635 Business Park, Lot 7, Block C, Essex Wire), zoning change from LI (Light Industrial) to PD-226-LI (Planned Development-226-Light Industrial) to allow the construction of one non-masonry structure and relocation of roof climbing area with a landscape screen on 3.5 acres of property located at 1230 Crestside Drive, and authorizing the Mayor to sign. On March 15, 2007, the Planning Commission unanimously recommended approval of this zoning change (5-0), subject to the above-stated condition. Commissioners Haas, Kittrell, Borchgardt, Reese and Frnka voted in favor, none opposed. Staff recommends APPROVAL. @PD-226-LI, Amcat, 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 LI (LIGHT INDUSTRIAL) TO PD-226-LI (PLANNED DEVELOPMENT-226-LIGHT INDUSTRIAL) TO ALLOW THE CONSTRUCTION OF ONE NON-MASONRY STRUCTURE AND RELOCATION OF ACCESSORY ROOF CLIMBING AREA WITH A LANDSCAPED SCREEN, ON 3.5 ACRES OF PROPERTY LOCATED AT 1230 CRESTSIDE DRIVE, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, CONCEPT ELEVATION OF TRAINING LAB, AND EXHIBIT OF THE ROOF CLIMBING STRUCTURE, 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. PD-226-LI should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from LI (Light Industrial) to PD- 226-LI (Planned Development-226-Light Industrial) to allow the construction of one non- masonry structure and relocation of roof accessory climbing area with a landscaped screen, on 1 TM 17053.2.000 3.5 acres of property located at 1230 Crestside Drive, for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That Planned Development-226-Light Industrial, to allow the construction of one non-masonry accessory structure (Training Structure) and relocation of an accessory structure (Roof Climbing) with a landscaped screen is hereby approved subject to the following special conditions: A. The non-masonry Training Structure: i.shall be constructed of non-masonry materials, ii.the front facade shall be constructed as depicted in Exhibit “C”, iii.shall not exceed 1,300 square feet of floor area, and iv.shall be located as indicated on the Site Plan attached as Exhibit “B”. B. The accessory Roof Climbing structure shall: i. be relocated as indicated on the Site Plan attached as Exhibit “B”; and ii. be constructed as depicted in Exhibit “D”. C. Screening from Crestside Drive shall be provided by a minimum of six-3 inch- caliper Eastern Red Cedar trees, as indicated on the Site Plan, attached as Exhibit “B”. . SECTION 3. That the Site Plan, Non-masonry Training Lab Structure Elevations, and Roof Climbing Structure Elevations, shall be attached hereto as Exhibits “B”, “C”, and “D”; and made a part hereof for all purposes, are hereby approved. 2 TM 17053.2.000 SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning 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. 3 TM 17053.2.000 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) [05/25/07] 4 TM 17053.2.000 EXHIBIT “A”Legal Description EXHIBIT “C”Concept Elevation of Training Lab EXHIBIT “D”Roof Climbing Structure 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 June 12, 2007 8/F ✔ ORDINANCE Consider approval of an Ordinance for Case No. S-1187R2-C, Pizza Inn, zoning change 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, and authorizing the Mayor to sign. On April 19, 2007, the Planning Commission unanimously recommended approval of this zoning change (7-0). Commissioners McCaffrey, Haas, Kittrell, Borchgardt, Reese, Fox and Frnka voted in favor, none opposed. On May 8, 2007, Council unanimously approved this zoning change (6-0). Staff recommends approval. @S-1187R2-C, Pizza, 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-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, SUITE 405, 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-1187R-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 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 1 TM 17082.2.000 limited seating, game room and party room, located at 777 S. MacArthur, Suite 405, 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 an 1,425-square-foot expansion of the existing 1,050-square-foot take-out restaurant to include limited seating, game room and party room, is hereby approved subject to the following special conditions: A. The development shall be in accordance with the Site Plan, Floor Plan and Sign Elevations provided in Section 3 of this Ordinance. B. One additional attached sign shall be permitted on the façade facing Belt Line Road. This sign shall be the same size, color and font of the existing Pizza Inn sign, attached hereto as Exhibit “D”. C. Hours of operation shall be limited to 9 a.m. to midnight, seven days a week. . 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 2 TM 17082.2.000 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) [05/29/07] 3 TM 17082.2.000 LEGAL DESCRIPTION FOR PIZZA INN EXPANSION S-1187-R2 777 S. MacArthur Boulevard Being Lot 4, Block 1, Coppell Crossing Addition, being an addition in the City of Coppell, Dallas County, Texas. Exhibit “A” 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 June 12, 2007 8/G ✔ ORDINANCE Consider approval of an Ordinance for Case No. S-1216R, Cool Star Beverage, zoning change 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), and authorizing the Mayor to sign. On April 19, 2007, the Planning Commission unanimously recommended approval of this zoning change (7-0). Commissioners McCaffrey, Haas, Kittrell, Borchgardt, Reese, Fox, and Frnka voted in favor, none opposed. On May 8, 2007, Council unanimously approved this zoning change (6-0). Staff recommends approval. @S-1216R, Cool Star, 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-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, 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-1216R 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-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. 1 TM 17081.2.000 MacArthur, Suite 125, 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 1,600-square-foot convenience/retail store, is hereby approved subject to the following special conditions: A. Compliance with all City of Coppell Ordinances, as amended, as well as Texas Alcoholic Beverage Code and any applicable rules and regulations promulgated thereunder, as amended. 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 9 a.m. to midnight Monday through Saturday and between noon and midnight 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 2 TM 17081.2.000 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) [05/29/07] 3 TM 17081.2.000 LEGAL DESCRIPTION FOR COOL STAR BEVERAGE S-1216-R 809 S. MacArthur Boulevard Being located in Tract A-R.1 of Valley Ranch Plaza Addition, being an addition in the City of Coppell, Dallas County, Texas. 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: Police June 12, 2007 9 ✔✔ CONTRACT/BID or PROPOSAL Consider approval to award Bid #Q-0507-02 to The Armored Group, LLC for the purchase of a Police SWAT Vehicle in the amount of $55,000 to be purchased from funds in the Police Forfeiture/Seizure fund; and authorizing the City Manager to sign. Since the formation of the SWAT team in 2000 over twenty felony warrants have been served throughout the metroplex. Each warrant calls for the transportation of six to twelve officers. With the increased activity that has been generated from the Organized Crime Unit, the number of felony warrants served will be increasing substantially. The purchase of this SWAT van will help control logistical and communication problems between the SWAT members. Additionally, the van can be used to carry large evidence that has been seized. The Armored Group was the only bid received on this vehicle. Funds are available in the Police Forfeiture account (Fund 04 - Police Special Revenue) for this purchase. Staff recommends approval. )SWAT Vehicle The Armored Group, LLC Customer: City of Coppell Purchasing Department PO Box 9478 Coppell, TX 750 19 Body Style: R.D.V. (Rapid Deployment Vehicle) Protection Level: Non Armored Chassis: Chevrolet 3500 Dual Wheel Chassis, 159" WB Engine 6.6L Diesel G.V.W.R.: 12,300 lbs Body Construction; Cab Body Non Armored Supreme Spartan modified for use by SWAT TeamsIERT Interior Length: 14' Interior Body Height: 78" Exterior body width: 96" Body Wall Construction: FRP (Fiber Glass Reinforced Plywood) Side Walls: 318" Thick Bulkhead: 518" Thick Rear Wall: 518" Thick Gel Coat White interior & exterior finish Roof Construction: One Piece aluminum exterior with 1 'A" fiberglass insulation Glass Board Interior lining Full Length grab bars with full length steel supports Floor Construction: 318 x 3 Flat Bar Long Sills 3" Formed Cross Members with 16" Centers Wheel Wells %" FRP floor with Rhino Line Surface Rear Doors: Double 48" Wide opening swing doors with lockable Hansen 3 1 1 hardware with flat rod Side Doors: (2) Lockable 30" Sliding Doors (1) Each Side mounted at the extreme front with 118" smooth aluminum with single step well; Rhino Line Coating on step wells Bulkhead: Solid Bulkhead floor to ceiling with sliding bulkhead door 68 %" Tall Opening 25" Wide Opening Bid #: Q-0507-02 -BEiEs The Armored Group, LLC Glass Windshield is one piece OEM Driver door & passenger door windows OEM (2) Cargo view glass in sidewalls; (I) per side 12" x 17" fixed windows: tinted Mounted towards Rear of the Cargo area to allow guards ability to view situation before deploying out the doors (2) View glass in Sliding Doors; (I) per door 12" x 17" fixed windows; tinted (2) View glass in Rear Doors; (I) per side 12" x 17" fixed windows; tinted Guard Compartments Seating: (2) Removable swivel commander seats mounted near the bulkhead (1) Mounted each side of bulkhead door opening Guard Bench Seating on both sides of guard compartment with back padding, except on sliding door intrusion; Rear seats lift with pneumatic assist rods for extra storage beneath guard seats; Seats are from rear wall to sliding door retainers Each bench seat is 120" Long and has a padded fold-up lid Each bench seat has (3) Storage sections 14" Wide Opening 15 %" Deep 24" Long Opening Each Bench seat has one smaller section in front of the sliding cargo doors 10" Wide Opening 15 %" Deep 24" Long Opening Although it is listed as individual sections, there are no retaining walls between them, so you could have a complete 120" of storage length on each side of the vehicle Temperature Control System: DTAC heat/air conditioning unit with 33,000 Btu Cooling & 22,000 Btu Heating Mounted on interior of cargo roof above rear doors DTAC 07-36005-12 Extra Condenser ICEITAMA #2521340 I TMI SHD Extra Compressor Addition of Auxiliary Circulation Pump for hot water heat Lighting: OEM Dome light in Cab mounted center of the two front seats in roof (3) RedWhite LED Dome Lights Mounted Center of Guard Area evenly spaced down center of aisle; Lights have a switch on each light to go between red & white; master light switches by all three guard compartment doors Whelen Light # 0 1-663729-00 Base Platelchrome Flange # 70KOOOXU Boom Poles, Rake Sticks, etc., Holders Bid #: 0-0507-02 -REi-T* Page 3 of 3 The Armored Group, LLC Bumpers Front: OEM Bumper with no site bars 16" Grip Strut step bumper; painted black -mounted 14" down from the cargo floor Locks OEM locks on cab doors Keyed locks on sliding cargo doors Keyed lock on rear doors Grab Handles Interior (6) 42" Long Stainless Steel Grab Handles mounted on interior roof (3) on each side Steel reinforcements mounted under plywood (2) 42" Long Stainless Steel Grab Handles mounted on bulkhead (1) on each side of bulkhead door, mounted close to side sliding cargo doors Exterior (1) 42" Long Stainless Steel Grab Handle mounted above rear doors (4) 12" Long Chrome Grab Handles mounted on rear & side cargo walls ( I) on each side of rear door opening (I) mounted by each sliding side cargo door MiscelIaneous OEM AMIFM radio with OEM speakers in Cab Mounted 2 % lb ABC fire extinguisher in cab behind driver seat OEM side mirrors with convex spot mirrors Paint Body: Customer Color (I) ----Black Cab and Cargo Body with mill finished aluminum roof Bumpers and Wheels OEM in appearance Price for Chassis and Body: $55,000 EX WORKS Coppell, T,X RDV References Irving Police Department Irving, TX Paul Cerami 214-995-2886 Cell Comal County Sheriffs Department New Braunfels, TX Captain Koepp 830-620-341 7 Ext. 205 Lake Havasu City Police Department Lake Havasu, AZ Lt. Doug Whittaker 928-680-541 6 Fayetteville Police Department Fayetteville, NC Sgt. Mike Ruff 91 0-987-3069 Cell Eau Claire Police Department Eau Claire, WI Sgt. Randy Fahrenkrog 71 5-271 -1 304 (works 7pm to 3am) Kristin Southard (Purchasing Department) 715-839-6171 Shawnee County Sheriff's Office Topeka, KS Lt. Shane Hoobler 785-368-228 1 McComb Regional Response Team McComb, MS Sgt. Scott McKenzie 601 -684-3023 ON ORDER UNITS: Madison Police Department Madison, MS Sgt. Christian Murray 60 1 -540-8 1 79 Carrollton Police Department Carrollton, TX Sgt. Bob Digman 972-466-4302 Vermilion Parish Sheriff's Office Vermilion Parish, LA Colonel Kirk Frith 337-652-1600 Cell Cape May County Prosecutor's Office Cape May, NJ Kim Allen - Purchasing Agent 609-465-1 125 BID 4-0507-02 POLICE SWAT VEHICLE City of Coppell, Texas 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 This Agreement is made by and between the City of Coppell, Texas, a home-rule municipality (hereinafter referred to as the "Buyer") and the hereinafter named Seller, referred to as the "Seller," for the sale of the goods, materials and items specified hereinafter, and the Buyer and Seller hereby agree as follows: 393 A9 /A3 Jv / [City, State, Zip1 '/ K 760~3 [Telephone] DESCNPTION OF GOODS This Contract is for the purchase by the City of Coppell, Texas, of the goods, materials and items described hereinafter as the "Goods" or the subject of this Contract, and such parts, attachments, accessories, devices, and apparatus as may be considered an integral part of the Goods or necessary for the proper use or application of the Goods, whether or not specified herein. The Goods are more specifically described as follows: Description CITY OF COPPELL PURCHASING DEPARTMENT 255 PARKWAY BOULEVARD * COPPELL., TEXAS 75019 Psgc 20 BIJI 4-0507-02 POLICE SWAT VEHICLE [CHECK ONE:] X This Contract is a "fixed price - fixed quantity" Contract for the purchase of the specified quantity at the specified price. The full quantity of the Goods shall be delivered to and received at the designated point or points of delivery no later than the date specified hereinbelow. This date is a material term and condition of this Contract and, in connection with the delivery date, time is and shall bepf the essence. 23% L &k 0-P 70 [Insert Date f Delivery] B This Contract is for a specific duration wherein the Seller will supply, furnish and deliver at the designated point or points of delivery the specified Goods in the quantities requested by Buyer at the time of Buyer's order. The delivery date(s) shall be set forth in Buyer's order. This Contract is not intended to be and shall not be construed as an exclusive requirements contract. This Contract is non-exclusive and Buyer may acquire any or all of its requirements for the specified Goods from Seller or any other source deemed appropriate by Buyer. Upon the conclusion of the duration of this Contract, Buyer may renew this agreement for an additional period or periods equivalent to the primary duration upon sending written notice of intent thereof within thirty (30) days prior to the expiration of the last day of the term of this Contract. The failure to send the foregoing notice shall convert this agreement into a "fixed price - fixed quantity" contract as described above. DURATION: From to PAYMENT TERMS The purchase price of the Goods shall be that contained in the Seller's bid and specifically accepted in writing by Buyer. Seller shall submit separate invoices, in duplicate, on each purchase order after each delivery. Invoices shall indicate the purchase order number, and shall be itemized. A copy of the bill of lading should be attached to the invoice. Mail to City of Coppell, Purchasing Department, 255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019. Payment shall not be due until the above instruments are submitted, until the Goods have been received by Buyer, and until Buyer has had sufficient opportunity to inspect and exercise its right to accept or reject. Seller shall keep the purchasing department advised of any changes in their remittance addresses. In no event shall Buyer be responsible for interest of any kind on any funds due to Seller, and no term or provision contained in any Seller's invoice shall in any way modify, vary or alter the provisions hereof. Buyer's obligation is payable solely from funds available for the purpose of the purchase. Lack of funds shall render this contract null and void and to the extent funds are not available, any delivered but unpaid for goods will be returned to Seller by Buyer. Do not include federal excise tax, state or city sales tax. The City shall fiunish a tax exempt certificate if required. CITY OF COPPELL • PURCHASING DEPARTMENT 255 PARKWAY BOULEVARD COPPELL, TEXAS 75019 Page 21 -- - - - - - - - - - BID Q-0507-02 POLICE SWAT VEHICLE CONTRACT TERMS AND CONDITIONS This Contract is made and entered into between the parties hereto in accordance with and subject tr, the following additional terms and conditions: 1. SELLER TO PACKAGE GOODS: Seller will package Goods in accordance with good commercial practice. Each shipping container shall be clearly marked and permanently packed as follows: (a) Seller's name and address; (b) Consignee's name, address, and purchase order or purchase release number and the supply agreement number if applicable; (c) Container number and total number of containers, e.g. box 1 of 4 boxes; and (d) the number of the container bearing the package slip. Seller shall bear cost of packing unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipment not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED: Seller is not authorized to ship the Goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS: The title and risk of loss of the Goods shall not pass to the Buyer until the Buyer actually receives and takes possession of the Goods at the point or points of delivery. 4. DELIVERY TERMS AND TRANSPORTATION CHARGES: F.O.B. Destination Freight Prepaid unless delivery terms are specified otherwise in the bid; Seller shall pay for the transportation costs. 5. NO PLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of Goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may seasonable notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 6. PLACE OF DELIVERY: The place of delivery shall be that set forth on the purchase order or in any other written designation by Buyer. The terms of this agreement are "no arrival, no sale." 7. RIGHT OF INSPECTION: Buyer shall have the right to inspect the goods at delivery before accepting them. 8. REJECTION OF GOODS: It is agreed that if Buyer rejects any of the goods sold pursuant to this agreement, Buyer's only duty shall be to seasonably notify Seller of the rejection and hold the goods for the disposition of Seller, and it is agreed that under no circumstances shall Buyer be required to resell the rejected goods or incur the cost to deliver same to Seller. 9. GRATUITIES: The Buyer may, by written notice to the Seller, cancel this contract without liability to the Seller if it be determined by the Buyer that gratuities, in the form of entertainment, gifts, or otherwise were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of City of Coppell with view toward securing the contract or securing favorable treatment with respect to awarding or amending, or the making of any determination with respect to the performing of such a Contract. In the event this Contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled in addition twany other rights and remedies, to recover and withhold the amount of the cost incurred by the Seller in prov?ding such gratuities. 10. SPECIAL TOOLS AND TEST EQUIPMENT: If the price stated on the face hereof includes the cost of any special tooling or any special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. CITY OF COPPELL PURCHASING DEPARTMENT * 255 PARKWAY BOULEVARD COPPELL, TEXAS 75019 Page 22 BID 4-0507-02 POLICE SWAT VEHICLE 11. WARRANTY - PRICE: a. The price to be paid by the Buyer shall be that contained in the Seller's bid which Seller warrants to be no higher than Seller's current prices on ordcrs for products of the kind and specification covered by the agreement for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative, Buyer may cancel this contract without liability for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of violation of this warranty, the Buyer shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 12. WARRANTY - PRODUCTS: Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. No such attempts to limit, disclaim or exclude any warranties, whether of fitness, merchantability or otherwise, by Seller shall be binding or effective. Seller warranties that the Goods furnished will conform to the specifications, drawings, and descriptions listed in the bid invitation and to the sample(s) furnished by Seller, if any. In the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern. 13. SAFETY WARRANTY: Seller warrants the product sold to the Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event that the products do not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller's expense. In the event that Seller fails to make the appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's expense. 14. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS: As part of this contract for sale, Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement or the like. Buyer makes no warranty that the production of goods according to the specifications will not give rise such claim, and in no event shall Buyer be liable to Seller in the event that Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that an infringement or the like will result, he will notify Buyer to this effect in writing or the like, within two weeks after the signing of this agreement. If Buyer does not receive notice and a claim is asserted or Buyer is subsequently held liable for the infringement or the like, Seller will indemnify, defend and save Buyer harmless. If Seller in good faith ascertains that production of the goods in accordance with the specifications will result in infringement or the like, this contract shall be null and void except that Buyer will pay Seller the reasonable cost of his search as to infringements. 15. YEAR 2000 COMPLIANT: The Goods shall in all respects be compatible with the year 2000 and shall not in any way require adjustment, revision, reconfiguration or modification upon the year 2000. Seller warrants that the Goods are fully year-2000 compliant. 16. CANCELLATION: Buyer shall have the right to cancel for default on all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any remedies which Buyer may have at law or equity. The Buyer may for any reason whatsoever terminate performance under this Contract by the Seller for convenience at any time. The Buyer shall give notice of such termination to the Seller specifying when termination becomes effective. Goods received but unopened or unused shall be made available to Seller for delivery. Buyer will, in the event of termination, remit such sums to Seller as may be due only for those Goods retained by Buyer. CITY OF COPPELL PURCHASING DEPARTMENT 255 PARKWAY BOULEVARD COPPELL, TEXAS 75019 Page 23 SlD 0-0507-02 POLICE SWAT VEHICLE P'OHCE MAJEURE: If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligation under the Agreement, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied upon, and the ohligation of the party giving such notice, so far as is effected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereafter provided, but for no longer periods and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbance, act of public enemy, orders of any kind of government of the United States or State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably within control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirements that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlements of strikes and lockouts by exceeding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. ASSIGNMENT - DELEGATION: No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. An attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. MODIFICATIONS: This contract can be modified or rescinded only in writing signed by both parties or their duly authorized agents. WAIVER: No claim or right arising out of a breach in contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. INTERPRETATION - PAROLE EVIDENCE: This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. APPLICABLE LAW: This agreement shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. ADVERTISING: Seller shall not advertise or publish, without Buyer's prior written consent, the fact that Buyer has entered into this contract, except to the extent necessary to comply with prior requests for information from an authorized representative of federal, state or local government. RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer or employee shall have a financial interest, direct or indirect, in any contract with the City, or be financially interested, CITY OF COPPELL PURCHASING DEPARTMENT 255 PARKWAY BOULEVARD COPPELI, TEXAS 75019 Page 24 BID Q-0507-02 POLICE SWAT VEHICLE directly or indirectly, in the sale to the City of any land, materials, supplies, or services, except on behalf of the City as an officer or employee. Any knowing and willful violation of this section shall constitute malfeasance in ofice, and any officer or employee guilty thereof shall forfeit his office or position. Any violation of this section with the knowledge, express or implied, of the person or corporation contracting with the governing body of the City shall render the contract involved voidable by the City Manager or the City Council. 26. ENTIRE AGREEMENT: This Contract, and all Specifications and Addenda attached thereto, constitute the entire and exclusive agreement between the Buyer and Seller with reference to the Goods. Specifically, but without limitation, this Contract supersedes any bid documents and all prior written or oral communications, representations and negotiations, if any, between the Buyer and Seller not expressly made a part hereof. 27. INDEMNITY AND DISCLAIMER: BUYER SHALL NOT BE LIABLE OR RESPONSIBLE FOR, AND SHALL BE INDEMNIFIED, HELD HARMLESS AND RELEASED BY SELLER FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY CHARACTER, TYPE, OR DESCRIPTION, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY OR LOSS TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS, INCLUDING THE SELLER, OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY, DIRECTLY OR INDIRECTLY, THE PERFORMANCE OF SELLER UNDER THIS CONTRACT, INCLUDING CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF BUYER, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMLTNITY AVAILABLE TO THE BUYER UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS INDEMNIFICATION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS CONTRACT IS AN INDEMNITY EXTENDED BY SELLER TO INDEMNIFY AND PROTECT BUYER FROM THE CONSEQUENCES OF THE SELLER'S AS WELL AS THE BUYER'S NEGLIGENCE, WHETHER SUCH NEGLIGENCE IS THE SOLE OR PARTIAL CAUSE OF ANY SUCH INJURY, DEATH, OR DAMAGE. IN ADDITION, CONTRACTOR SHALL OBTAIN AND FILE WITH OWNER CITY OF COPPELL A STANDARD CERTIFICATE OF INSURANCE AND APPLICABLE POLICY ENDORSEMENT EVIDENCING THE REQUIRED COVERAGE AND NAMING THE OWNER CITY OF COPPELL AS AN ADDITIONAL INSURED ON THE REQUIRED COVERAGE. 28. GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas. Venue for any causes of action arising under the terms or provisions of this Contract or the Goods to be delivered hereunder shall be in the courts of Dallas County, Texas. 29. SUCCESSORS AND ASSIGNS: The Buyer and Seller bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in this Contract. The Seller shall not assign this Contract without written consent of the Buyer. 30. SEVERABILITY: The provisions of this Contract are herein declared to be severable; in the event that any term, provision or part hereof is determined to be invalid, void or unenforceable, such determination shall not affect the validity or enforceability of the remaining terms, provisions and parts, and this Contract shall be read as if the invalid, void or unenforceable portion had not been included herein. 31. NOTICES: All notices required by this Contract shall be presumed received when deposited in the mail properly addressed to the other party at the address set forth herein or set forth in a writteri designation of change of address delivered to all parties. CITY OF COPPELL PURCHASING DEPARTMENT . 255 PARKWAY BOULEVARD COPPELL TEXAS 75019 Page 25 BID Q-0507-02 POLICE SWAT VEHICLE EXECUTED this 23 day of 4 *A AH (Address) (City Manager) CITY OF COPPELL * PURCHASING DEPARTMENT 255 PARKWAY BOULEVARD COPPELL, TEXAS 75019 Page 26 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 June 12, 2007 10 ✔ PUBLIC HEARING Consider approval of Case No. S-1017R-LI, Tetco, zoning change request from S-1017-LI (Special Use Permit-1017-Light Industrial) to S-1017R-LI (Special Use Permit-1017 Revised-Light Industrial), to allow for a 160-square-foot addition to the existing car wash building for storage on 0.92 of an acre of property located at the southeast corner of Belt Line Road and MacArthur Boulevard. There are no outstanding P&Z conditions. On May 17, 2007. the Planning Commission unanimously recommended approval of this zoning change (5-0). Commissioners Haas, Kittrell, Borchgardt, Reese and Frnka voted in favor, none opposed. Staff recommends approval. @1S-1017R-L1, Tetco 1-AR CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: S-1017R-LI, Tetco P&Z HEARING DATE: May 17, 2007 C.C. HEARING DATE: June 12, 2007 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: Southeast corner of Belt Line Road and MacArthur Boulevard SIZE OF AREA: 0.92 of an acre of property CURRENT ZONING: S-1017-LI (Special Use Permit-1017-Light Industrial) REQUEST: Zoning change request from S-1017-LI (Special Use Permit-1017- Light Industrial) to S-1017R-LI (Special Use Permit-1017 Revised –Light Industrial) to allow for a 160-square-foot addition to the existing car wash building for storage. APPLICANT: Tetco Stores, LP Jasun Harmon 1777 N.E. Loop, 410 Suite 1500 San Antonio, TX. 78217 (210) 821-5900 Fax: (210) 930-2786 HISTORY: There has been no recent development history on the subject tract; the gasoline station has been on this site prior to 1989. TRANSPORTATION: MacArthur Boulevard is a P6D, six-lane divided thoroughfare contained within a 120-foot right-of-way and built to standard. Beltline Road is also a P6D, and it, too, is built to standard within a comparable right-of-way. ITEM # 4 Page 1 of 2 SURROUNDING LAND USE & ZONING: North –retail center; R (Retail) South –Boston Market restaurant; PD-C (Planned Dev.-Commercial) East – shopping center; LI (Light Industrial) West – restaurants; PD-C (Planned Development-Commercial) COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable for regional retail uses. DISCUSSION: This request is to expand an existing gasoline service station by adding a 160-square-foot addition to an existing car wash building. The purpose of the addition is to allow for more storage. The addition will be constructed of the same brick, it will extend the existing roof line (composed of the same material) and will not infringe upon any required yards. In addition, the project will be screened with landscaping and will be difficult to even see from the public right-of-way. Because the addition is complementary to the existing development, staff can support this request. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request, there are no conditions. 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 (SP-1) 2) Elevations (SP-2) ITEM # 4 Page 2 of 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 PLANNING June 12, 2007 11 ✔ PUBLIC HEARING Consider approval of the Amberpoint Business Park at Coppell, Lot1AR, Block A, Replat, to revise the location of the fire lane to allow the previously approved expansion of the existing Staples office/warehouse on 17.91 acres of property located at the southwest corner of Sandy Lake Road and Northpoint Drive. There are no outstanding P&Z conditions base upon the applicant's agreement to the fire hydrant placement. On May 17, 2007, the Planning Commission unanimously recommended approval of this Replat (5-0), subject to the above-stated agreement. Commissioners Haas, Kittrell, Borchgardt, Reese and Frnka voted in favor, none opposed. Staff recommends approval. @2Amberpoint BP, L1AR, BA, RP, 1-AR CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case: Amberpoint Business Park at Coppell, Lot1AR, Block A, Replat P&Z HEARING DATE: May 17, 2007 C.C. HEARING DATE: June 12, 2007 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: Southwest corner of Sandy Lake Road and Northpoint Drive SIZE OF AREA: 17.91 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: Replat request to revise the location of the fire lane to allow the previously approved expansion of the existing Staples office/warehouse. APPLICANT: Owner: Staples, Inc. Engineer: Halff Assoc. John Whitney Mark McGraw 500 Staples Dr. 8616 NW Plaza Framingham MA. 01702 Dallas, TX. 75225 (508) 253-8437 (214) 346-6244 Fax: (508) 253-8961 Fax: (214) 361-5573 HISTORY: This property was platted as Lot 1A, Block A of the Amberpoint Business Park at Coppell subdivision in 2002. In October of 2002, a PD Site Plan was approved to allow development in two phases. Phase One is currently operating as a 228,250-square-foot warehouse. Phase Two allowed a 161,750-square-foot addition, for a total building size of 390,000-square-feet. This replat would accommodate the relocation of a number of fire lanes affected by the expansion. ITEM #5 Page 1 of 3 TRANSPORTATION: Sandy Lake Road is a C4D, new, concrete, four-lane divided thoroughfare built to standard, and contained within a 120-foot right-of-way. Northpoint is a two-lane undivided concrete street built to standard in a 60-foot right-of-way. SURROUNDING LAND USE & ZONING: North –warehousing; LI (Light Industrial) South –warehousing; PD-LI (Planned Development-Lt. Ind.) East – warehousing; PD-LI (Planned Development-Lt. Ind.) West – warehousing; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended, shows this property being utilized for office/showroom/warehouse use. DISCUSSION: As stated in the HISTORY section of this report, the Staples development was divided into two phases. Phase One consists of the existing building occupied by 10,000-square-feet of office space and 218,000-square-feet of warehouse. Phase Two was approved for a 162,000 square foot addition at the same time Phase One was approved in 2002. Staples is now ready to begin Phase Two construction and has reduced the size of the overall building from the approved 390,000- to 376,250-square-feet, a footprint reduction of approximately 14,000-square-feet. In addition to relocating fire lanes, parking has been redesigned. Parking spaces have been added to the southwest corner of the site, and parking on the north side of the building has been relocated to be adjacent to the building. The required 401 parking spaces have been increased to 417. The northernmost driveway entrance to the site has been closed, and landscaping meets and exceeds our requirements. With regard to exterior elevations, the warehouse addition will continue the same building materials and appearance as the existing structure. Finally, the major change necessitating this submission is relocation of fire lanes. When the building was larger, fire lanes needed to be in a certain location, which was reflected on an earlier plat. Now that building size has been reduced, the fire lanes need to reflect relocation more conducive to the smaller building. Fire hydrants need to be placed 3- to 6-feet from these relocated fire lanes unobstructed by landscaping. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request to replat the property. No conditions are proposed, based upon the applicant’s agreement to the fire hydrant placement. ITEM #5 Page 2 of 3 ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request ATTACHMENTS: 1) Replat document 2) Proposed Site Plan ITEM #5 Page 3 of 3 S00^09’52"W 3.60’ SCALE: 1"=100’ 30’ WIDE PERMANENT UTILITY EASEMENT VOL. 99147, PG. 807 1/2 " F.I.R. T.P.& L. EASEMENT VOL. 1992, PG. 431 KELLER TELEPHONE CO. EASEMENT VOL. 5141, PG. 357 20’ WIDE UTILITY EASEMENT VOL. 99147, PG. 812 1/2 " F.I.R. W/CAP A CALLED 50’ R.O.W 0 25 50 75 100 150 200 300 SCALE IN FEET S89^44’26"E 512.56’ N00^07’49"E 60.00’S89^43’31"E 328.84’ A CALLED 50.00’ R.O.W IN THE FOR BY 8616 NORTHWEST PLAZA DRIVE - DALLAS TEXAS 75225 JESSE MOORE SURVEY, ABSTRACT No. 968 HALFF ASSOCIATES, INC. ENGINEERS & SURVEYORS REPLAT LOCATION MAP NOT TO SCALE NORTH PROJECT LOCATION S00^03’37"W924.92’842.53’ POINT OF BEGINNING S89^56’23"E N89^56’23"W S00^03’37"WN00^03’37"ES89^56’23"E S89^56’23"E S89^56’23"E 12.20’N00^03’37"ES00^03’37"W24.00’ CURVE RADIUS LENGTH TANGENT|CB CD 90^00’00" 90^00’00" 90^00’00" 90^00’00" 90^00’00" 90^00’00" 90^00’00" 47.12’ 47.12’ 84.82’ 47.12’ 47.12’ 47.12’ 30.00’ 54.00’ 54.00’ 30.00’ 30.00’ 30.00’ 30.00’ 54.00’ 30.00’ 30.00’ 30.00’ 30.00’ S44^56’23"E N44^56’23"W S45^03’37"W S44^56’23"E N45^03’37"E 42.43’ 42.43’ 42.43’ 42.43’ F5F6 F7 F8 F1 F2 F3 F4 F1 F2 F3 F4 F5 F6 F7 F8 626.26’474.49’626.26’ 722.46’ S45^03’37"W 42.43’ 30.00’ N44^56’23"W 76.37’ 30.00’47.12’42.43’ 30.00’ 30’ DRAINAGE AND UTILITY EASEMENT (VOL. 2002027, PG. 00071)474.49’474.49’ 1/2 " S.I.R. W/CAP (A VARIABLE WIDTH R.O.W.) LEGEND: (C.M.)CONTROL MONUMENT 1/2 " F.I.R. W/CAP 1/2 " FOUND IRON ROD WITH PLASTIC CAP STAMPED "HALFF ASSOC INC" 1/2 " S.I.R. W/CAP 1/2 " SET IRON ROD WITH PLASTIC CAP STAMPED "HALFF ASSOC INC"FREEPORT PKWYCOPPELLROYAL LN.COPPELL CITY LIMITNORTH POINT DR.121SANDY LAKE ROAD 20’ WIDE ONCOR ELECTRIC DELIVERY COMPANY EASEMENT (VOL. 2003077, PG. 00080) 24’ FIRELANE (VOL. 2003077, PG. 00080) UTILITY EASEMENT (VOL. 2003077, PG. 00080) N89^56’23"W UTILITY EASEMENT (VOL. 2003077, PG. 00080)927.93’N00^07’49"E24’ FIRELANE (VOL. 2002027, PG. 00071) 20’ DRAINAGE EASEMENT (VOL. 2003077, PG. 00080) 20’ UTILITY EASEMENT (VOL. 2003077, PG. 00080) The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever for the purposes indicated on this limits the use to particular utilities, said use by public utilities being subordinate to the public’s and City of Coppell’s use thereof. The City of Coppell and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs or other improvements or growths, which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Coppell and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. That the undersigned do hereby covenant and agree that they shall construct upon the fire lane easements, as dedicated and shown hereon, a hard surface and that they shall maintain the same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction including, but not limited to, the parking of motor vehicles, trailers, boats or other impediments to the access of fire apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes stating "Fire Lane, No Parking". The police or his duly authorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for fire department and emergency use. The undersigned do covenant and agree that public access easements may be utilized by any person or the general public for ingress and egress to other real property, and for the purpose of general public vehicular and pedestrian use and access, and for fire department and emergency use in, along, upon and across said premises with the right and privilege at all times of the City of Coppell, its agents, employees, workmen and representatives having ingress, egress and regress in, along, upon and across said premises. This plat approved subject to all platting ordinances, rules, regulations and resolutions of the City of Coppell, Texas. WITNESS OUR HANDS, this the day of , 2007. I, the undersigned, a Notary Public in and for said County, in the State aforesaid, RECOMMENDED FOR APPROVAL: Chairman Planning & Zoning Commission Date of Approval City of Coppell, Texas APPROVED AND ACCEPTED: City of Coppell, Texas The undersigned, the City Secretary of the City of Coppell, Texas, hereby certifies that Addition to the City of Coppell was submitted to the City Council on the day of , 2007, and the Council, by formal action, then and there accepted the dedication of streets, alleys, parks, easements, public places, and water and sewer lines, as shown and set forth in and upon said plat, and said Council further authorized the Mayor to note the acceptance thereof signing his name as hereinabove subscribed. WITNESS MY HAND, this the day of , 2007. City Secretary Mayor Date of Approval plat. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed or placed upon, over or across the easements as shown, except pavement, parking lots, and that landscape improvements may be placed in landscape easements, or as specified by planned development, if approved by the City of Coppell. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement the foregoing final plat of the AmberPoint Business Park at Coppell an STATE OF COUNTY OF GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of , 2007. of Directors of said partnership, as their free and voluntary act, and as the free and voluntary act and deed of said partnership, as managing member of and for and on behalf appeared before me this day in person, and severally acknowledged that as such officer signed and delivered the said instrument, pursuant to authority given by the Board to be the same person whose name is subscribed to the foregoing instrument, NOTARY PUBLIC My commission expires: APPROVED AND ACCEPTED BY: (Print Name) Date of Approval (Print Name) Date of Approval (Print Name) Date of Approval (Print Name) Date of Approval ATMOS ENERGY VERIZON TXU ELECTRIC DELIVERY COMPANY SCALE 1"=100’ (214)346-6200 AVO 25027 APRIL, 2007 I:\25000s\25027\CADD\REPLAT\S101-RP-25027.dgn 24’ FIRELANE CURVE DATA TABLE 24’ FIRELANE (VOL. 2003077, PG. 00080) TO BE ABANDONED BY THIS PLAT TIME WARNER CABLE F.I.R.FOUND IRON ROD S00^07’49"W 3.31’ 1/2" F.I.R. W/CAP N00^07’49"E 339.96’1/2" F.I.R. W/CAP 1/2" F.I.R. W/CAP S00^03’37"W 382.77’Jesse M o o r e S u r v e y , A b s t r a c t N o . 9 6 8 311.96’N (CC# 20070118394) CC#COUNTY CLERK NUMBER 15’ UTILITY EASEMENT (VOL. 99241, PG. 00196) 60.00’ R.O.W DEDICATION (VOL. 99241, PG. 00196) 60.00’ R.O.W DEDICATION (VOL. 2002027, PG. 00071)SANDY LAKE ROAD NORTHPOINT DRIVE60’ NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That Coppell Mill Limited Partnerhip, a Delaware limited partnership, acting herein by and through its duly authorized officers of its managing member, Cabot Industrial Value Fund II Operating Partnership, L.P., a Delaware limited partnership, does hereby adopt this plat designating the herein above described property as AmberPoint Business Park at Coppell, an addition to the City of Coppell, Dallas County, Texas, and does hereby dedicate, in fee simple to the public use forever, the streets and alleys shown thereon. 656.26’ 33^44’56"31.81’16.38’N73^11’09"E 31.35’54.0’10’ UTILITY EASEMENT (VOL. 99241, PG. 00196) 1/2" S.I.R. W/ CAP (VARIABLE WIDTH R.O.W.)474.49’44.9’20’ WIDE TXU EASEMENT (VOL. 2003077, PG. 00080) F9 F10 F11 F12F13 F14 F10 F11 F12 F13 F14 F9 90^00’00"54.00’54.00’84.82’N45^03’37"E 76.37’ 90^00’00"30.00’47.12’30.00’S45^03’37"W 42.43’ 90^00’00"30.00’47.12’30.00’N44^56’23"W 42.43’ 90^00’00"54.00’84.82’54.00’S44^56’23"E 42.43’ 90^00’00"30.00’47.12’30.00’S44^56’23"E 42.43’ 56^15’04"54.00’53.01’28.86’S28^11’09"W 50.91’ DO HEREBY CERTIFY THAT personally known to me to be the of Coppell Mill Limited Partnership, a Delaware limited partnership BY: a Delaware limited liability company, its general partner By: a Delaware limited partnership, its sole member By: Name: Title: , a Delaware limited partnership and managing member of , a Delaware limited liability company, and personally known to me of , for the uses and purpose therein set forth. COPPELL MILL LIMITED PARTNERSHIP 500 STAPLES DRIVE, FRAMINGHAM, MA 01702 INSTRUMENT NO. N89%%d56’23"W 626.26’ S89%%d56’23"E 626.26’S00%%d03’37"W207.61’N00%%d03’37"E237.61’N89%%d56’23"W 54.00’N00%%d03’37"E291.61’S00%%d03’37"W246.71’S89%%d56’23"E 12.20’ 24.00’ 2. REASON FOR REPLAT: BUILDING EXPANSION REQUIRES EXPANSION OF EXISTING FIRE LANE. LOT LINES HAVE NOT BEEN MODIFIED PER THIS REPLAT. NOTES: 1. SIDEWALKS WILL BE CONSTRUCTED BY PROPERTY OWNER WHEN DEEMED NECESSARY BY THE CITY ENGINEER 24’ FIRE LANE EASEMENT (BY THIS PLAT)623.57’ 1/2 " F.I.R. MLRP 100 ROYAL LTD. PS (OWNER) (CC# 200503587532) LOT 1, TRACT 1 OF FOUR SEASONS ADDITION (VOL. 99241, PG. 00196) TRANSWESTERN SF PARTNERS I, L.P. (OWNER) (VOL. 2004195, PG. 7080) 20’ TXU UTILITY EASEMENT (VOL. 2002027, PG. 00071) BCE SPECIALTIES, INC. (OWNER) (VOL. 2004062, PG. 9798) LOT 2, FOUR SEASONS ADDITION (VOL. 2004228, PG. 00121)10’ UTILITY EASEMENT (VOL. 2002027, PG. 00071) 20’ UTILITY EASEMENT (VOL. 2002027, PG. 00071) 10’ UTILITY EASEMENT (VOL. 2002027, PG. 00071) 20’ UTILITY EASEMENT (VOL. 2002027, PG. 00071) BEING A OF OF CITY OF COPPELL, DALLAS COUNTY, TEXAS R.O.W DEDICATION (VOL. 2002027, PG. 00071) N89%%d56’23"W 12.20’ OWNERS CERTIFICATE STATE OF TEXAS } COUNTY OF DALLAS } WHEREAS COPPELL MILL LIMITED PARTNERSHIP is the owner of a tract of land situated in the Jesse Moore Survey, Abstract No. 968 in the City of Coppell, Dallas County, Texas, said tract being all of Lot 1A of the replat of Lot 1, Block A of Amberpoint Business Park at Coppell, an addition to the City of Coppell as recorded in Volume 2003077, Page 00080 of the Deed Records of Dallas County, Texas (D.R.D.C.T.), said tract also being all of that tract of land described in Special Warranty Deed to Coppell Mill Limited Partnership as recorded in Volume 2003100, Page 11037, D.R.D.C.T., said tract being more particularly described as follows: BEGINNING at a 1/2-inch found iron rod with a yellow plastic cap stamped "HALFF ASSOC. INC." (hereinafter referred to as "with cap") for the northeast corner of said Lot 1A, said point being the intersection of the south right-of-way line of Sandy Lake Road (variable width) as dedicated by the plat of Amberpoint Business Park at Coppell, an addition to the City of Coppell as recorded in Volume 2002027, Page 00071, D.R.D.C.T. with the west right-of-way line of Northpoint Drive (variable width right-of-way, 60 feet wide at this point) as dedicated by said plat of Amberpoint Business Park at Coppell addition recorded in Volume 2002027, Page 00071; THENCE South 00 degrees 03 minutes 37 seconds West, along said west right-of-way line, a distance of 924.92 feet to a 1/2-inch found iron rod with cap for the common southeast corner of said Lot 1A and the northeast corner of Lot 1BR of Block A of Amberpoint Business Park at Coppell, an addition to the City of Coppell as recorded in Volume 2003156, Page 00206, D.R.D.C.T.; THENCE North 89 degrees 56 minutes 23 seconds West, departing said west right-of-way line and along the common line between said Lot 1A and said Lot 1BR, a distance of 842.53 feet to a 1/2-inch found iron rod with cap for the common southwest corner of said Lot 1A and northwest corner of said Lot 1BR, said point also being on the east line of Lot 1, Tract 1 of Four Seasons Addition, an addition to the City of Coppell as recorded in Volume 99241, Page 00196, D.R.D.C.T.; THENCE North 00 degrees 07 minutes 49 seconds East, departing said common line between Lots 1A and 1BR and along the common west line of said Lot 1A and east line of said Lot 1, Tract 1 of Four Seasons Addition, at a distance of 623.57 feet passing a 1/2-inch found iron rod for the common northeast corner of said Lot 1, Tract 1 and the southeast corner of Lot 2, Four Seasons Addition, an addition to the City of Coppell as recorded in Volume 2004228, Page 00121, D.R.D.C.T., and continuing along the common west line of said Lot 1A and east line of said Lot 2, Four Seasons Addition for a total distance of 927.93 feet to a 1/2-inch set iron rod with cap on the south right-of-way line of said Sandy Lake Road as dedicated by the plats of said Amberpoint Business Park at Coppell addition recorded in Volume 2002027, Page 00071 and said Four Seasons Addition recorded in Volume 99241, Page 00196 for the common northwest corner of said Lot 1A and northeast corner of said Lot 2, Four Seasons Addition recorded in Volume 2004228, Page 00121; THENCE South 89 degrees 43 minutes 31 seconds East, departing said common line and along said south right-of-way line, a distance of 328.84 feet to a 1/2-inch set iron rod with cap for corner; THENCE South 89 degrees 44 minutes 26 seconds East, continuing along said south right- of-way line, a distance of 512.56 feet to the POINT OF BEGINNING AND CONTAINING 779,993 square feet or 17.91 acres of land, more or less. LOT 1BR OF BLOCK A AMBERPOINT BUSINESS PARK AT COPPELL (VOL. 2003156, PG. 00206) A REPLAT OF LOT 1A OF BLOCK A AMBERPOINT BUSINESS PARK AT COPPELL (VOL. 2003077, PG. 80) LOT 1C OF BLOCK A AMBERPOINT BUSINESS PARK AT COPPELL (VOL. 2003156, PG. 00206) LOT 2R-1 OF BLOCK A AMBERPOINT BUSINESS PARK AT COPPELL FLOODPLAIN NOTE: 1. By graphical plotting, the parcel described herein lies within Zone "X" (unshaded) as delineated on the Dallas County, Texas and Incorporated Areas Flood Insurance Rate Map Number 480170-0135 J, dated August 23, 2001, as published by the Federal Emergency Management Agency. Zone "X" (unshaded) is defined as "Areas determined to be outside 500-year floodplain." 2. All floodplain information is based on FEMA Flood Insurance Rate Map No. 48113C0135 J, dated August 23, 2001, for Dallas County, Texas and Incorporated Areas. FLOODPLAIN ORDINANCE NOTE: Floodplain Development Permit Application No. has been filed with the City of Coppell Floodplain Administrator on , 2007. Floodplain Administrator Date SURVEYOR’S CERTIFICATE I, Gary W. Matthews, Registered Professional Land Surveyor, do hereby certify that the plat shown hereon accurately represents the property as determined by an on the ground survey made under my direction and supervision on March 29, 2007, and that the location of all monuments shown are correct. GARY W. MATTHEWS REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS NO. 5534 STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned, a Notary Public in and for said county and state on this day personally appeared Gary W. Matthews, known to me to be the person whose name is subscribed to the forgoing instrument and acknowledged to me that he executed the same for the purpose in consideration therein expressed, and the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2007. NOTARY PUBLIC in and for the STATE OF TEXAS My commission expires: LOT 1A, BLOCK A AMBERPOINT BUSINESS PARK AT COPPELL LOT 1AR, BLOCK A AMBERPOINT BUSINESS PARK AT COPPELL 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 June 12, 2007 12 ✔ PUBLIC HEARING Consider approval of the Lost Creek Addition, Lots 1-27, 1X-3X, Block 1, Replat, (being a replat of Lot 1, Block C, Coppell Road Business Park Addition) to allow the development of 25 residential units, recreation, open space common areas and two commercial lots on 5.56 acres 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) Tie down flood plain with dimensions on lots 5 and 6, and dedicate a drainage/floodplain easement on plat (use exact limit of flood plain, not approximate). 2) Rename Mulberry Lane to Heath Lane. 3) Correct the point of beginning in legal description. 4) Need all utility companies, City Engineer, and City Secretary title blocks. On May 17, 2007, the Planning Commission unanimously recommended approval of this Replat (5-0), subject to the above-stated conditions. Commissioners Haas, Kittrell, Borchgardt, Reese and Frnka voted in favor, none opposed. Staff recommends approval. @3LC Addn, L1-27, 1X-3X, B1, RP, 1-AR CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case: Lost Creek Addition, Lots 1-27, 1X-3X, Block 1, Replat P&Z HEARING DATE: May 17, 2007 C.C. HEARING DATE: June 12, 2007 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: 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: Replat request to allow the development of 25 residential lots, three recreation/open space common areas and two commercial lots. APPLICANT: J. R. Rose Development Jason Rose, Architect 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. In August of that same year, Council questioned the residential component of the Plan, particularly as it related to D/FW Airport flight patterns. In December of 2002, Council and the Planning Commission held a joint workshop to discuss airport issues. D/FW Airport staff was in attendance and at the conclusion of the meeting, it was determined there was no compelling reason to discourage residential development here, based upon airport ITEM #7 Page 1 of 3 noise issues. On May 13, 2003, Council amended the Land Use component of the 1996 Comprehensive Plan and enlarged the Historic district to include roughly 100 acres. Subsequently, residential development was begun on property just north of the subject tract. In May of 2005, Council changed the zoning in the area from Historic Overlay to simply Historic. In March of 2006 a 39-unit townhouse proposal was denied by Commission by a vote of 5-1. That case was appealed to Council. On April 11, 2006 Council remanded the case back to Planning Commission. On November 20, the applicant resubmitted the case, with the only change being fronting of some units along Coppell Road. The Planning Commission denied the case. Again appealed, it was denied by Council on January 9, 2007. The case was resubmitted to the Planning Commission as a 25-lot residential development with three common areas and two commercial lots fronting Coppell Road on April 19, 2007. That case was approved by the Commission and forwarded to Council for a May 8 hearing. On May 8, Council approved the zoning change. In anticipation of that approval, the applicant elected to submit a Replat reflecting the proposed zoning. TRANSPORTATION: Coppell Road is an unimproved, two-lane asphalt road contained within a 50-to-60 foot wide right-of-way. It is projected to be improved to a concrete two-lane undivided road with a 60-foot right-of-way beginning in 2007. SURROUNDING LAND USE & ZONING: North –single-family townhouses; H (Historic) South –single-family houses, senior center; H (Historic) East – single-family residences; (PD-89-SF-7) West – retail/commercial buildings; H (Historic) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended and including the Old Coppell Master Plan, indicates the property should be used for medium-density residential uses on the interior of the parcel; office/commercial uses along the Coppell Road frontage. DISCUSSION: This area is becoming a very active development location. For instance, the townhouse project immediately north of this property is about built out, and in conversations with the developer, plans are in the works for development of the two commercial lots at the corner of Coppell Road and McNear Drive. The Hard Eight Bar-B-Q restaurant is well under construction with opening slated for early June, Dr. Swaldi’s building is ITEM #7 Page 2 of 3 occupied, we are in detailed conversations with potential developers of the east side of Coppell Road south of Bethel, preliminary plans for the Senior Center are underway, and Council has accepted a substantial grant to preserve and rehabilitate the Kirkland house. All these activities point out that the Historic district is healthy, active and is following the Plan laid out in 2002. In short, the vision outlined in the Plan is being achieved. This proposed development furthers that vision. The proposed 25 residences fit within the proposed plan, and overall, this plat meets the requirements of the City. The only major condition requiring further exploration is to tie down flood plain dimensions and dedicate a drainage/floodplain easement on the plat. Additionally, there are three minor conditions that the developer has stated will be addressed. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this Replat, subject to the following conditions: 1) Tie down flood plain with dimensions on lots 5 and 6, and dedicate a drainage/floodplain easement on plat (use exact limit of flood plain, not approximate). 2) Rename Mulberry Lane to Heath Lane. 3) Correct the point of beginning in legal description. 4) Need all utility companies, City Engineer, and City Secretary title blocks. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request ATTACHMENTS: 1) Replat document ITEM #7 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 June 12, 2007 13 ✔ PRESENTATION Consider approval of the Park West Commerce Center, Lot 4R, Block 7 (BMC Millwork), Site Plan Amendment, to allow an 89,850-square-foot addition to the existing 115,170-square-foot office/warehouse building, expansion of a portion of the existing parking and modification to three dock doors on 9.42 acres of property located at 425 Airline Drive. The following P&Z condition remains outstanding: 1) In the event additional parking is needed, the areas designated as “future parking area” will be paved and will contain the required landscaped islands. On May 17, 2007, the Planning Commission unanimously recommended approval of this Site Plan Amendment (5-0), subject to the above-stated condition. Commissioners Haas, Kittrell, Borchgardt, Reese and Frnka voted in favor, none opposed. Staff recommends approval. @4PWCC, L4R, B7(BMC), SPA, 1-AR CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case: Park West Commerce Center, Lot 4R, Block 7 (BMC Millwork), Site Plan Amendment P&Z HEARING DATE: May 17, 2007 C.C. HEARING DATE: June 12, 2007 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: 425 Airline Drive SIZE OF AREA: 9.42 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: Site Plan Amendment to allow an 89,850-square-foot addition to the existing 115,170-square-foot office/warehouse building, expansion and reconfiguration of a portion of the existing parking and modification to three dock doors. APPLICANT: Owner: Architect: BMC West Building Materials Mark W. Pross 425 Airline Drive Pross Design Group, Inc Coppell, TX 75019 5310 Harvest Hill Rd. #180 (972) 304-1234 Dallas, TX 75230 FAX: (972) 304-1209 (972) 759-1400 FAX: (972) 759-1405 HISTORY: The BMC property (commonly referred to as the Lone Star Plywood building) has been occupied since the mid-1990’s. In 2002, Council approved a Site Plan Amendment to allow the installation of an exterior dust collector within an approximate 3,600-square-foot screening enclosure along the west side of this building. ITEM # 8 Page 1 of 3 TRANSPORTATION: Airline Drive is an improved C4U, four-lane undivided collector thoroughfare built to a standard width, within a 70-foot right-of- way. SURROUNDING LAND USE & ZONING: North – warehousing; LI (Light Industrial) South – warehousing; LI (Light Industrial) East – warehousing; LI (Light Industrial) West – warehousing; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, shows this property suitable for office, showroom, warehousing and light industrial uses. DISCUSSION: BMC Millwork occupies this existing 115,170-square-foot office warehouse, which was constructed in the mid-1990’s. The current request is to allow for an expansion of the warehouse by 89,410-square-feet, an increase of 397-square-feet in office space and the addition of a 43-square- foot vestibule along the front façade facing Airline Road. When the existing building was constructed, the development standards for parking and landscaping were less stringent than current codes, including 18’ deep parking spaces versus the current standard of 19’. Staff can support the continuation of this parking depth. The Zoning Ordinance would require an additional 92 parking spaces to serve the expansion area. However, this expansion of the warehouse portion of the business will only increase the number of employees by 10, bringing the maximum number of employees on any given shift to 160. There are currently 174 parking spaces and an additional 60 spaces are being proposed, bringing the total available spaces to 234, which is more than sufficient for the number of employees. As mentioned above, there is a deficit in landscaping for the existing building per the current Landscape Ordinance. However, given that the parking demand is less than required by code, the applicant is offering, and the staff fully supports a “trade-off” of landscaping for parking. Specifically, along the south and west property lines, additional landscape areas are being provided and are being designated as “future parking areas”. In the event that more parking is needed, these areas can be easily converted to parking. This plan is now compliant with the provisions of the Landscape Ordinance and actually exceeds requirements in the number of trees being provided in the landscape areas. ITEM # 8 Page 2 of 3 In terms of elevations, the expansion area will match the existing building in terms of materials, colors and lighting. There will be 14 dock doors on the east side of the building and five man doors on the west and south elevations. Along Airline Drive, the front façade of the building will be modified to include the vestibule and canopy. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Park West Commerce Center, Lot 4R Block 7 (BMC Millwork), Site Plan Amendment, subject to the following condition: (1) In the event additional parking is needed, the areas designated as “future parking area” will be paved and will contain the required landscaped islands. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Site Plan 2) Landscape Plan 3) Elevations ITEM # 8 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 June 12, 2007 14 ✔ PUBLIC HEARING Consider approval of the Park West Commerce Center, Lot 4R, Block 7 (BMC Millwork), Replat, to establish the fire lanes to allow an 89,850-square-foot addition to the existing 115,170-square-foot office/warehouse building on 9.42 acres of property located at 425 Airline Drive. There are no outstanding P&Z conditions. On May 17, 2007, the Planning Commission unanimously recommended approval of this Replat (5-0). Commissioners Haas, Kittrell, Borchgardt, Reese and Frnka voted in favor, none opposed. Staff recommends approval. @5PWCC, L4R, B7, (BMC), RP, 1-AR CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case: Park West Commerce Center, Lot 4R, Block 7 (BMC Millwork), Replat P&Z HEARING DATE: May 17, 2007 C.C. HEARING DATE: June 12, 2007 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: 425 Airline Drive SIZE OF AREA: 9.42 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: Replat request to establish the fire lanes to allow an 89,850-square- foot addition to the existing 115,170-square-foot office/warehouse building. APPLICANT: Owner: Architect: BMC West Building Materials Mark W. Pross 425 Airline Drive Pross Design Group, Inc Coppell, TX 75019 5310 Harvest Hill Rd. #180 (972) 304-1234 Dallas, TX 75230 FAX: (972) 304-1209 (972) 759-1400 FAX: (972) 759-1405 HISTORY: This property was originally platted in 1994 as Lot 4, Block 7, as part of the Park West Commerce Center addition. The BMC property (commonly referred to as the Lone Star Plywood building) has been occupied since the mid-1990’s. In 2002, Council approved a Site Plan Amendment to allow the installation of an exterior dust collector within an approximate 3,600-square- foot screening enclosure along the west side of this building. ITEM # 9 Page 1 of 2 TRANSPORTATION: Airline Drive is an improved C4U, four-lane undivided collector thoroughfare built to a standard width, within a 70-foot right-of- way. SURROUNDING LAND USE & ZONING: North – warehousing; LI (Light Industrial) South – warehousing; LI (Light Industrial) East – warehousing; LI (Light Industrial) West – warehousing; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, shows this property suitable for office, showroom, warehousing and light industrial uses. DISCUSSION: This is a straightforward Replat request. When this property was originally platted and developed there was no requirement to include fire lanes on a plat. Therefore, this Replat includes the required fire lanes, as well as brings forward the existing electric and gas easements. There are no outstanding conditions; therefore, staff recommends approval. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Park West Commerce Center, Lot 4R Block 7, Replat, with no conditions. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Park West Commerce Center, Lot 4R, Block 7, Replat ITEM # 9 Page 2 of 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 PLANNING June 12, 2007 15 ✔ PUBLIC HEARING Consider approval of Case No. PD-220R-SF-12, Alexander Court, to amend the land use designation on the Comprehensive Land Use Plan from Neighborhood Retail to Residential Low Density on approximately four acres of property along Denton Tap Road and a zoning change request from C (Commercial) to PD-220R-SF-12 (Planned Development-220 Revised-Single Family-12), with a Detail Site Plan, to allow the development of 29 single-family homes and two common areas on 18.5 acres of property located at the northwest corner of Bethel and Denton Tap Roads. The following P&Z conditions remain outstanding: 1) Submission of a complete Tree Survey/Mitigation Plan required by Sec. 12-34-2 of the Zoning Ordinance. 2) A tree removal permit will be required prior to the removal of any and the issuance of a grading permit. 3) Park impact fees will be assessed at $1,285 per lot. 4) HOA documents need to be submitted to the City for review by the City Attorney to assure perpetual maintenance of all common areas by the Homeowners Association prior to submission of a Final Plat. 5) Do not resubmit the three black and white, 24” x 36” pictures of the screening walls similar to the type being proposed. Sheet W-1 Landscape and Entry Feature Concept Elevations is sufficient, if supplemented with a color board indicating the colors and materials to be used for the screening wall. On May 17, 2007, the Planning Commission unanimously recommended approval of this zoning change (5-0), subject to the above-stated conditions. Commissioners Haas, Kittrell, Borchgardt, Reese and Frnka voted in favor, none opposed. Staff recommends approval. @6PD-220R-SF-12, Alexander CT, 1-AR CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: PD-220R-SF-12, Alexander Court P&Z HEARING DATE: May 17, 2007 C.C. HEARING DATE: June 12, 2007 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: Northwest corner of Bethel and Denton Tap Roads SIZE OF AREA: 18.5 acres of property CURRENT ZONING: C (Commercial) REQUEST: Amend the Land Use Plan on approximately four acres of property from Neighborhood Retail to Residential Low Density and a zoning change from C (Commercial) to PD-220R-SF-12 (Planned Development-220-Single Family-12) to allow the development of 29 single-family homes and two common areas on 18.5 acres of property. APPLICANT: Owner: Engineer: Mr. John Hawkins Kelly Zwinggi Mira Mar Dev. Corp. Zwinggi Engineering/Planning, LLC 6003 Sunderland Drive 150 Parish Lane, #337, P.O. Box 1247 Colleyville, TX 76034 Roanoke, TX 76262 (817) 996-6698 (940) 390-0040 FAX: (817) 329-1792 FAX: (817) 961-0299 Surveyor: Landscape Architect: Bill Bartlett Tricia Amador Woliver, ASLA Sempco Surveying, Inc. 6825 Studebaker Drive 3208 South Main Street McKinney, TX 75071 Fort Worth, TX 76110 (469) 734-6764 (817) 926-7876 FAX: (972) 562-8861 FAX: (817) 926-7878 ITEM # 10 Page 1 of 6 HISTORY: In 2003 staff initiated several rezonings and Comprehensive Land Use Plan amendments to provide consistency between the built environment, the Land Use Plan and the Zoning Map. With this tract in particular, staff initiated a Land Use Plan Amendment from Neighborhood Retail to Low Density Single Family and a rezoning from Commercial to Single Family- 12 on approximately 14 acres, leaving the remaining four acres of frontage along Denton Tap Road for non-residential uses. At that time the property owners opposed the rezoning, but did accept the amendment to the Land Use Plan. On February 13, 2007, Council approved a Planned Development district and a Preliminary Plat to allow for 26 single-family lots to be developed on this tract of land. Due to the number of outstanding conditions, an Ordinance was not brought forward for adoption. TRANSPORTATION: Denton Tap Road is a P6D divided major arterial built to standard in a 150’ right-of-way. SURROUNDING LAND USE & ZONING: North – SF-12 (Single Family-12) South– PD-108-SF-9 (Planned Development-108-Single Family-9), and PD-108-LI (Planned Development-108-Light Industrial undeveloped property), PD- 108-H (Planned Development-108-Grapevine Springs Park) East – R (Retail – hair salon) West – SF-12 (Single Family-12) COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the eastern portion (approximately four acres) of the property as suitable for Neighborhood Retail and the western portion (approximately 14 acres) for Residential, Low Density. DISCUSSION: As noted in the HISTORY section of this report, Council approved a PD and a Preliminary Plat to allow the development of 26 lots on this tract of land in February of this year, subject to various conditions. The conditions were never addressed, so an Ordinance was not brought forward. Since that time, a Flood Plain study has been conducted. The preliminary results indicate that the 100-year Flood Plain line could potentially be relocated significantly to the north, thus allowing for a redesign of the subdivision and the addition of three lots, for a total of 29. Therefore, both a revised PD and Preliminary Plat are required. Given that the net buildable area ITEM # 10 Page 2 of 6 has increased, so have the lot sizes, which now range from 14,130- square-feet to 57,902-square-feet, with an average lot size of approximately ½ acre. As with the previous request, staff is very supportive of this land use and zoning; however, there are, again, technical issues that need to be resolved prior to: adoption of an Ordinance; submission of a Final Plat; approval of tree removal permit, and the issuance of grading permit. FLOOD PLAIN ISSUE As noted above, there is potentially a new Flood Plain line within this property. However, prior to acceptance of this new line, detailed analysis and approval by the City and the Federal Emergency Management Agency will be required. FEMA’s approval process, very optimistically, will take four to six weeks to obtain, once released by the City. The Subdivision Ordinance allows for the issuance of a grading permit after approval of Preliminary Plat and engineering plans. However, until a Letter of Map Revision (LOMR) is issued by FEMA, no lots can be developed north of Olympia Lane. A note to this effect has been added to the Zoning Exhibit/Detail Site Plan, however: • The Zoning Exhibit/Detail Site Plan needs to be revised to show the existing 100-year Flood Plan line as designated by FEMA, and re-label the “new” 100-year Flood Plain line as “proposed”. PLATTED BUILDING LINES The applicant is proposing a variety of front yard building lines adjacent to streets throughout the development. This generally appears to be appropriate to add interest to the streetscape of this project. However, there are several areas which need to be reanalyzed. Lot 4, at the corner on Knights Way and Olympia Lane, is proposed to have a 15-foot building line along Knights Way. Given that this is the entry street into the development and the other six lots, which front on this street, have 30-foot front yards, this 15- foot building line as the corner, especially considering the curve of the street, would be visually intrusive. It is recommended that either the lot be reoriented to have the front line along Knights Way or the side yard building line be increased to at least 25 feet. There is a similar concern with Lot 27, where the proposed 15-foot side yard setback will protrude onto a streetscape where all other buildings will have a 30-foot setback. Finally, it is suggested that the front yards of Lots 6 and 26 be oriented toward the cul-de-sacs versus Olympia Lane. • Revisions to the building lines on Lots 4, 6, 26 and 27. ITEM # 10 Page 3 of 6 COMMON AREAS/ “X LOTS”/HOA DOCUMENTS Common areas containing the screening wall, entry features and associated landscaping are now within the common area lots (Lots 1X and 19X). Given that the screening wall will actually be placed on the lot line, the plans indicate an additional 5-foot maintenance easement on the north side of the wall parallel to Bethel Road to allow for HOA access for maintenance on the homeowners’ side of the wall. However, the situation is more complicated along Denton Tap Road. Within approximately 20 feet from the property line, there is an existing 20-foot sanitary sewer easement and a 10-foot GTE easement, over which the applicant is proposing to establish a 10-foot wide common area (X) lot (to include the screening wall and landscaping) as well as a 20-foot “variable width access maintenance easement” (refer to enlarged drawing on page 2 of exhibits). As currently proposed, the western boundaries of the existing and proposed easements do not coincide. It is recommended that: • The western boundary of the variable width access/maintenance easement be revised to coincide with the western boundary of the existing sanitary sewer easement and this line be tied into the lot lines by bearings and dimensions. This revision needs to be reflected on the Zoning Exhibit/Detail Site Plan and the enlarged detail drawing. Additionally, to allow for access to the existing sanitary sewer manholes within the easement within Lot 22, the following condition needs to replace PD Condition #11: • No fencing shall be permitted east of the sanitary sewer manholes within Lot 22. The draft HOA documents, previously submitted by the applicant, were inadequate and actually conflicted with some aspects of the Zoning Ordinance, and, therefore, needed to be revised and resubmitted. The applicant then submitted a draft set of David Weekly HOA documents for a project in Dallas, also not applicable for this project. No additional HOA documents have been submitted; thus it remains an outstanding condition: • With the submission of a Final Plat, HOA documents need to be submitted to the City for review by the City Attorney to assure perpetual maintenance of all common areas by the Homeowners Association. TREE SURVEY AND MITIGATION PLAN Again, an outstanding condition from the previous request, required by Sec. 12-34-2 of the Zoning Ordinance, is an accounting of the trees to be preserved, as well as those to be removed. Staff had suggested that additional surveying of trees in the creek that are to be preserved could significantly reduce the mitigation fee: ITEM # 10 Page 4 of 6 • Completion of a Tree Survey and Mitigation Plan required by Sec. 12-34-2 of the Zoning Ordinance. LAND USE PLAN AMENDMENT As mentioned in the HISTORY section, this property, as well as most properties fronting Denton Tap Road, have been envisioned by the Future Land Use Plan for retail/office uses. However, given the limited access to this property from Denton Tap Road and the limited visibility given the close proximity of the bridge, makes commercial development problematic. Therefore, it is reasonable to eliminate the non-residential uses along Denton Tap Road in support of this residential plan, which has lots backing to Denton Tap Road, with a screening wall and wide landscape buffer. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-220R-SF-12, Alexander Court, subject to the following conditions: 1) Revise the Zoning Exhibit/Detail Site Plan to show the existing 100-year Flood Plain line as designated by FEMA, and re-label the “new” 100-year Flood Plain line as “proposed”. 2) Revise the side yard building lines on Lots 4 and 27 to a minimum of 20 feet. 3) The front yards on Lots 6 and 26 should face the cul-de-sac. 4) Revise the western boundary of the “variable width access/maintenance easement” to coincide with the western boundary of the existing sanitary sewer easement. This line needs to be tied into the lot lines by bearings and dimensions. This revision needs to be reflected on the Zoning Exhibit/Detail Site Plan and the enlarged detail drawing. 5) Replace PD Condition #11 with: “No fence shall be permitted to be built east of the sanitary sewer manholes on Lot 22.” 6) Submission of a complete Tree Survey/Mitigation Plan required by Sec. 12-34-2 of the Zoning Ordinance. 7) A tree removal permit will be required prior to the removal of any trees and the issuance of a grading permit. 8) Park impact fees will be assessed at $1,285 per lot. 9) HOA documents need to be submitted to the City for review by the City Attorney to assure perpetual maintenance of all common areas by the Homeowners Association prior to submission of a Final Plat. ITEM # 10 Page 5 of 6 10) Correct the enhanced paving detail to be in accordance with the Standard Engineering Details. 11) Do not resubmit the three black and white, 24” x 36” pictures of the screening walls similar to the type being proposed. Sheet W-1 Landscape and Entry Feature Concept Elevations is sufficient, if supplemented with a color board indicating the colors and materials to be used for the screening wall. 12) Correct the Lot count on the Landscape Plan -- it indicates 1-26. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date ATTACHMENTS: 1) Zoning Exhibit/Detail Site Plan (2 pages) 2) Landscape Plan and Notes and Details (2 pages) 3) Landscape and Entry Feature Concept Elevations (2 pages) 4) Pictures of the screening walls similar to the type being proposed (3 pages) ITEM # 10 Page 6 of 6 Alexander Court Alexander Court WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING June 12, 2007 16 ✔ PRESENTATION Consider approval of the Alexander Court, Lots 1-29X, Block A, Preliminary Plat, to allow the subdivision of 29 single-family lots and two common area lots on 18.5 acres of property located at the northwest corner of Bethel and Denton Tap Roads. The following conditions remain outstanding: 1) Add all PD Conditions to Preliminary Plat as specified on the Zoning Exhibit/Detail Site Plan herein revised, including replacing PD Condition #11 with: “No fence shall be permitted to be built east of the sanitary sewer manholes on Lot 22.” 2) The preliminary construction plans for Bethel Road show a grade differential adjacent to Lots 24, 25, and 29. Prior to the installation of the screening wall and the development of those lots, the correct grade that matches the Bethel Road plans will need to be established. 3) A tree removal permit will be required prior to the removal of any trees and the issuance of a grading permit. On May 17, 2007, the Planning Commission unanimously recommended approval of this zoning change (5-0), subject to the above-stated conditions. Commissioners Haas, Kittrell, Borchgardt, Reese and Frnka voted in favor, none opposed. Staff recommends approval. @7Alexander CT, L1-29X, BA, PP, 1-AR CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case: Alexander Court, Lots 1-29, Block A, Preliminary Plat P&Z HEARING DATE: May 17, 2007 C.C. HEARING DATE: June 12, 2007 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: Northwest corner of Bethel and Denton Tap Roads SIZE OF AREA: 18.5 acres of property CURRENT ZONING: C (Commercial) REQUEST: Preliminary Plat request to allow the subdivision of 29 single- family lots and two common area lots. APPLICANT: Owner: Engineer: Mr. John Hawkins Kelly Zwinggi Mira Mar Dev. Corp. Zwinggi Engineering/Planning, LLC 6003 Sunderland Drive 150 Parish Lane, #337, P.O. Box 1247 Colleyville, TX 76034 Roanoke, TX 76262 (817) 996-6698 (940) 390-0040 FAX: (817) 329-1792 FAX: (817) 961-0299 Surveyor: Landscape Architect: Bill Bartlett Tricia Amador Woliver, ASLA Sempco Surveying, Inc. 6825 Studebaker Drive 3208 South Main Street McKinney, TX 75071 Fort Worth, TX 76110 (469) 734-6764 (817) 926-7876 FAX: (972) 562-8861 FAX: (817) 926-7878 ITEM #11 Page 1 of 3 HISTORY: In 2003 staff initiated several rezonings and Comprehensive Land Use Plan amendments to provide consistency between the built environment, the Land Use Plan and the Zoning Map. With this tract, in particular, staff initiated a Land Use Plan amendment from Neighborhood Retail to Low Density Single Family and a rezoning from Commercial to Single Family- 12 on approximately 14 acres, leaving the remaining four acres of frontage along Denton Tap Road for non-residential uses. At that time the property owners opposed the rezoning, but did accept the amendment to the Land Use Plan. On February 13, 2007, Council approved a Planned Development district and a Preliminary Plat to allow for 26-single-family lots to be developed on this tract of land. Due to the number of outstanding conditions, an Ordinance was not brought forward for adoption. TRANSPORTATION: Denton Tap Road is a P6D divided major arterial built to standard in a 150-foot right-of-way. SURROUNDING LAND USE & ZONING: North – SF-12 (Single Family-12) South– PD-108-SF-9 (Planned Development-108-Single Family-9), PD-108-LI (Planned Development-108-Light Industrial - undeveloped property), PD- 108-H (Planned Development-108-Grapevine Springs Park) East – R (Retail – hair salon) West – SF-12 (Single Family-12) COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the eastern portion (approximately four acres) of the property as suitable for Neighborhood Retail and the western portion (approximately 14 acres) for Residential, Low Density. DISCUSSION: The Preliminary Plat is essentially identical to the Site Plan/Zoning Exhibit discussed in the previous case. Therefore, approval of this Preliminary Plat will be subject to many of the same conditions, except that an additional condition from the Engineering Department has been included. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Alexander Court, Lots 1-29, Block A, Preliminary Plat, subject to the following conditions: ITEM #11 Page 2 of 3 1) Revise the Preliminary Plat to show the existing 100-year Flood Plain line as designated by FEMA, and re-label the “new” 100-year Flood Plain line as “proposed”. 2) Add all PD Conditions to Preliminary Plat as specified on the Zoning Exhibit/Detail Site Plan herein revised, including replacing PD Condition #11 with: “No fence shall be permitted to be built east of the sanitary sewer manholes on Lot 22.” 3) Revise the side yard building lines on Lots 4 and 27 to a minimum of 20 feet. 4) The front yards on Lots 6 and 26 should face the cul-de-sac. 5) Revise the western boundary of the “variable width access/maintenance easement” to coincide with the western boundary of the existing sanitary sewer easement. This line needs to be tied into the lot lines by bearings and dimensions. This revision needs to be reflected on the Preliminary Plat and the enlarged detail drawing. 6) The preliminary construction plans for Bethel Road show a grade differential adjacent to Lots 24, 25, and 29. Prior to the installation of the screening wall and the development of those lots, the correct grade that matches the Bethel Road plans will need to be established. 7) Correct the enhanced paving detail to be in accordance with the Standard Engineering Details. 8) A tree removal permit will be required prior to the removal of any trees and the issuance of a grading permit. 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) Alexander Court, Lots 1-29, Block A, Preliminary Plat ITEM #11 Page 3 of 3 Alexander Court Alexander Court WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING June 12, 2007 17 ✔ PRESENTATION Consider granting the Planning & Zoning Commission Final Plat approval authority of Alexander Court, Lots 1-29X, Block A, to allow the subdivision of 29 single-family lots and two common area lots on 18.5 acres of property located at the northwest corner of Bethel and Denton Tap Roads. Staff recommends approval. @8Alexander CT, L1-29X, 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: City Secretary June 12, 2007 18 ✔ PROCEDURAL Consider approval of appointing a regular member to the Parks and Recreation Board to fill the seat vacated by Stephen Hafer. All members of the Parks and Recreation Board are serving a term which expires October 2008. Therefore, this Board will not be addressed during the upcoming application process and staff recommends filling the vacancy at this time. Appoint a new regular member to a term expiring October 2008. %parkbdappt 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 June 12, 2007 19 ✔ PROCEDURAL Consider appointments to Council Committees. New appointments are made to the Council Committees on an annual basis. Appoint Councilmembers to serve on various committees. %commappt Rev 5/16/2007 COUNCIL’S COMMITTEES CARROLLTON/FARMERS BRANCH ISD/LEWISVILLE ISD Council: Councilmember Tunnell Appointed: 06/13/06 CITY/COPPELL ISD LIAISONS Council: Mayor Pro Tem Faught Appointed: 06/13/06 Council: Councilmember York Appointed: 06/13/06 CISD: Dr. Mike Arthur Appointed: 08/29/05 COPPELL SENIORS Council: Mayor Pro Tem Faught Councilmember Brancheau Appointed: 06/13/06 Appointed: 06/13/06 DALLAS REGIONAL MOBILITY COALITION Council: Councilmember Peters Appointed: 06/13/06 ECONOMIC DEVELOPMENT COMMITTEE Council: Councilmember Peters Appointed: 06/13/06 Councilmember Franklin Appointed: 06/13/06 METROCREST HOSPITAL AUTHORITY Council: Councilmember Tunnell Appointed: 06/13/06 METROCREST MEDICAL FOUNDATION Council: Councilmember Hinojosa-Flores Appointed: 06/13/06 METROCREST MEDICAL SERVICES Council: Councilmember Hinojosa-Flores Appointed: 06/13/06 METROCREST SOCIAL SERVICE CENTER Council: Councilmember York Appointed: 06/13/06 Rev 5/16/2007 NCTCOG (NORTH TEXAS COUNCIL OF GOVERNMENTS) (Appointed by City Council - annual basis) Council: Councilmember Peters Appointed: 06/13/06 NCTCOG (NORTH TEXAS COUNCIL OF GOVERNMENTS) – REGIONAL EMERGENCY MANAGEMENT PLANNING COUNCIL Council: Councilmember Franklin Appointed: 06/13/06 2-year appointment NORTH TEXAS COMMISSION Council: Councilmember Brancheau Appointed: 06/13/06 SENIOR ADULT SERVICES Council: Mayor Pro Tem Faught Appointed: 06/13/06 DATE: June 12, 2007 ITEM #: 20 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding Coppell Copperhead Baseball. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE:June 12, 2007 ITEM #: 21 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork DATE: June 12, 2007 ITEM #: 22 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: June 12, 2007 Department Submissions: Item No. 9 was placed on the Agenda for the above-referenced City Council meeting by the Police Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Police Department Item Nos. 8/C, 8/D, 8/E, 8/F, 8/G, 10, 11, 12, 13, 14, 15, 16 and 17 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)