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CP 2007-07-10 NOTICE OF CITY COUNCIL MEETING AND AGENDA JULY 10, 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) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed 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, July 10, 2007, at 5:30 p.m. for Work Session, Executive 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. ag071007 Page 1 of 8 ITEM # ITEM DESCRIPTION WORK SESSION (Open to the Public) 2. Convene Work Session A. Discussion regarding Coppell Baseball Association. B. Discussion of Agenda Items. EXECUTIVE SESSION (Closed to the Public) 3. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045- 107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3; and CB Parkway 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. Northlake Woodlands Center, Lot 4, Block A. 3. 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. PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. 7. Citizens' Appearances. ag071007 Page 2 of 8 ITEM # ITEM DESCRIPTION CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: June 26, 2007. B. Consider approval of the resignation of JoAnn Schauf from the Coppell Education Development Corporation. C. Consider approval of an Ordinance for 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, and authorizing the Mayor to sign. D. Consider approval of an Ordinance for Case No. PD-224-HC, Northlake College, zoning change from C (Commercial), HC (Highway Commercial) and LI (Light Industrial) to PD-224-HC (Planned Development-224-Highway Commercial) for college and ancillary uses on approximately 37 acres of property and to attach a Detail Site Plan for Phase 1 to allow the construction of a 37,000- square-foot building on approximately 10 acres of property located at the southeast corner of S.H. 121 and W. Sandy Lake Road, and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. PD-227-SF-12, Bellacere Addition, zoning change from 2F-9 (Two Family-9 Residential) to PD-227-SF-12 (Planned Development-227-Single Family-12), to allow the construction of four single-family homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150-feet east of Summer Place Drive, and authorizing the Mayor to sign. F. Consider approval of an Ordinance for a text amendment to Chapter 12, Zoning, of the Code of Ordinances, Section 12-30-16. Restaurant to delete the requirement for Special Use Permits for restaurants, unless adjacent to a residential zoning district and/or has drive-through facilities, and further, to allow for the ag071007 Page 3 of 8 ITEM # ITEM DESCRIPTION Administrative Approval of the expansion of existing restaurants, subject to certain conditions, and authorizing the Mayor to sign. G. Consider approval of an Ordinance for Case No. S-1017R-LI, Tetco, zoning change 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, and authorizing the Mayor to sign. H. Consider approval of an Ordinance for Case No. PD-213R2-H, Lost Creek Townhomes, zoning change from H (Historic) to PD-213R2-H (Planned Development-213 Revision 2-Historic) with a Detail Site Plan, to allow the development of 25 residential units, recreation, open space and common areas on 4.57 acres of property and a Concept Plan for commercial uses on approximately one acre of property located along the east side of Coppell Road, approximately 210 feet north of Bethel Road, and authorizing the Mayor to sign. END OF CONSENT 9. Consider approval of an Economic Development Agreement by and between the City of Coppell, Duke Realty Limited Partnership and Duke Construction Limited Partnership, and authorizing the Mayor to sign. 10. PUBLIC HEARING: Consider approval of Case No. S-1241-C, Fat Daddy’s Burger House, zoning change from C (Commercial) to S-1241-C (Special Use Permit- 1241-Commercial) to allow a 3,580-square-foot restaurant with a 940- square-foot outdoor patio area, to be located at 215 S. Denton Tap Road, Suite 100. 11. Consider approval of the Northlake Woodlands Center, Lot 4, Block A, Minor Plat, to establish a building site, various easements and fire lane to allow for the reuse and renovation of the existing 4,940-square-foot structure for a pet day care/boarding/spa on 0.664 of an acre of property located along the north side of Bethel School Road, approximately 240 feet east of Denton Tap Road (property addressed as 120 East Bethel School Road). ag071007 Page 4 of 8 ITEM # ITEM DESCRIPTION 12. PUBLIC HEARING: Consider approval of Case No. PD-108R7-SF-9, The Chateaus of Coppell, to amend the land use designation on the Comprehensive Land Use Plan from Public/Institutional to Residential Low Density on approximately 11 acres of property along Denton Tap Road and a zoning change from PD- 108-LI (Planned Development-108-Light Industrial) to PD-108R7-SF-9 (Planned Development-108R7-Single Family-9), with a Concept Plan, to allow the development of 56 single-family homes and common/ open space areas on 20 acres of property located at the southwest corner of Bethel and Denton Tap Roads. 13. Consider approval of the Arbor Manors, Preliminary Plat, to allow the development of 73 single-family homes and 9 common area lots on approximately 25.15 acres of property located south of Sandy Lake Road; west of Denton Tap Road. 14. PUBLIC HEARING: Consider approval of Case No. PD-221R2-HC, Duke Lesley Addition, zoning change from PD-221-HC (Planned Development-221-Highway Commercial) to PD-221R2-HC (Planned Development-221 Revision 2- Highway Commercial) to attach a Detail Site Plan to allow for the construction of an 187,535-square-foot, six-story hotel, with 260 rooms and ancillary uses, on 5 acres of property located along the east side of Point West Boulevard. 15. Consider approval of the Duke Lesley Addition, Lot 2R Block C, Replat, to establish fire lanes and easements to allow for the construction of an 187,535-square-foot, six-story hotel, with 260 rooms and ancillary uses, on five acres of property located along the east side of Point West Boulevard, approximately 230 feet north of I.H. 635. 16. PUBLIC HEARING: Consider approval of Case No. PD-221R3-HC, Duke Lesley Addition, zoning change from PD-221-HC (Planned Development-221-Highway Commercial) to PD-221R3-HC (Planned Development-221 Revision 3- Highway Commercial) to attach a Concept Plan for retail and restaurant uses on 17.4 acres of property located at the northwest corner of Belt Line Road and IH 635. 17. PUBLIC HEARING: Consider approval of Case No. PD-222R-LI, Duke Lesley Addition, zoning change from PD-222-LI (Planned Development-222-Light Industrial) to PD- 222R-LI (Planned Development-222 Revised-Light Industrial) to attach a ag071007 Page 5 of 8 ITEM # ITEM DESCRIPTION Detail Site Plan to allow the construction of a 1,079,475 square-foot office/warehouse building on 48.83 acres of property located west of Belt Line Road and east of Dividend Drive. 18. Consider approval of the Duke Lesley Addition, Lot 1, Block A, Final Plat, to establish a building site, fire lanes and easements to allow the construction of an 1,079,475-square-foot office/warehouse building on 48.83 acres of property located west of Belt Line Road and east of Dividend Drive. 19. Consider approval of the Bethel Business Park, Lot 1, Block A, Site Plan, to allow the development of two office warehouse buildings, Building A containing 80,000-square-feet and Building B containing 82,650-square- feet on 10.675 acres of property located along the north side of Bethel Road, east of the proposed extension of Creekview Road. 20. Consider approval of the Bethel Business Park Lot 1, Block A, Minor Plat, to establish a building site, various easements and fire lane to allow for the development of two office warehouse buildings, containing 80,000- square-feet and Building B containing 82,650 square feet on 11.706 acres of property located along the north side of Bethel Road, east of the proposed extension of Creekview Road. 21. PUBLIC HEARING: Consider approval of the Braewood North (The Gables), Lot 1, Block A, Site Plan, to amend the land use designation on the Comprehensive Land Use Plan from Residential Medium Density to Neighborhood Retail and to allow the development of a two-story office/retail building containing 11,000-square-feet on 41,084-square-feet of property located along the south side of Sandy Lake Road, approximately 154 feet west of Heather Glen Drive. 22. Consider approval of the Braewood North (The Gables) Lot 1, Block A, Minor Plat, to establish a building site, fire lanes and easements to allow the development of a two-story office/retail building containing 11,000- square-feet on 41,084-square-feet of property located on the south side of Sandy Lake Road, approximately 154 feet west of Heather Glen Drive. 23. Consider approval of the Kimbel Addition, Lots 8R, 9R, 10R, 12R and 14R, Replat, being a replat of Lots 7-14 of the Kimbel Addition, to establish fire lanes and easements to allow for redevelopment of the 2.9 acres of property located at the northeast corner of Sandy Lake Road and MacArthur Boulevard. ag071007 Page 6 of 8 ITEM # ITEM DESCRIPTION 24. Consider approval of an Ordinance for Case No. PD-223-C and S-1114-C, Kimbel Addition, zoning change 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 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, and authorizing the Mayor to sign. 25. Mayor and Council Reports. A. Report by Mayor Stover regarding July 4th Celebration. B. Report by Mayor Stover regarding Copperhead Baseball. 26. Necessary action resulting from Work Session. 27. Necessary Action Resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 6th day of July, 2007, at __________________. ____________________________________ Libby Ball, City Secretary ag071007 Page 7 of 8 DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). ag071007 Page 8 of 8 KEY TO COUNCIL GOALS ICONS 2007 Economic Development • Promote highest and best use of Lesley tract • Continue to explore large tract development options • Continue “hot spot” focus • Refine “Old Coppell” vision • Assess use/sale/acquisition of City property • Develop strategy to attract and retain high value office/retail/development Quality Public Facilities & Infrastructure • Explore funding sources for IMF • Implement ½-cent sales tax reallocation for parks • Continue focus on local/regional transportation efforts • Provide quality park and recreation facilities Excellent City Services & High Citizen Satisfaction • Continue strategic planning for future costs of service delivery • Timely response with quality service delivery • Optimize citizen communication efforts • Promote citizen involvement • Actively participate in the legislative process Sense of Community • Develop and support community special events • Encourage and evaluate teen initiatives • Reassess viability of City cemetery • Evaluate services and programs for senior citizen community • Continue support for social services benefiting Coppell citizens • Continue partnership with public entities serving our community Fiscal Stability • Continue and refine financial planning and forecasting • Continue systematic management of debt and expenditures • Balance expenditures with ability to maintain over time • Perform cost analysis on all approved projects and programs prior to implementation • Minimize potential impact of external factors and developments Neighborhood Integrity & Code Enforcement • Maintain communication with neighborhoods and the community • Update Master Plan and Zoning as required • Continue proactive neighborhood integrity programs Safe Community • Maintain and improve existing excellent level of service • Continue focus on Homeland Security • Provide quality public education programs • Continue traffic/speed control efforts AGENDA REQUEST FORM DATE: July 10, 2007 ITEM #: WS-2 WORK SESSION A. Discussion regarding Coppell Baseball Association. B. Discussion of Agenda Items. Agenda Request Form - Revised 02/04 Document Name: %wksessn 1/July 3, 2007Coppell Baseball Association Report Out to the City of Coppell June 21, 2007 2/July 3, 2007What are the registration fees for city league and travel team players?City League*:U5 and U6 - $80U9 – U14 - $120U16 - $125 *CBA provides player uniforms as part of the feeCBA provided 10 player scholarships and covered the cost of the 20-player Challenger Team.Travel Team**:U9 – U14 - $150**CBA does not provide player uniforms. The players are responsible for covering the cost of their uniforms.Player Registration Fees for Spring 2007 3/July 3, 2007What are the player registration enrollment numbers for CBA? Spring 2007City LeagueTravel TeamU579does not applyU6 161does not applyU7 118does not applyU8 139does not applyU9 11824U10 7624U12 10535U14 47 44U16 19does not applyChallenger Team 20does not applyPlayer Registration Information 4/July 3, 2007How are game fields allocated for city league and travel teams? All city league game time slots are allocated first. Based on the city league enrollment #s, we set aside the necessary time slots to accommodate those games as well as allocate additional slots for rainout makeup games. Most city league games are assigned to preferred time slots—early weeknight games and early Saturday games. City league teams play anywhere from 10 – 12 league games, all in Coppell. CBA also offers a pre and post season tournament for the U9-14 city league teams and a post season tournament for U7-8 teams. The pre and post season tournament games provide the U7-14 city league teams with anywhere from 3 to 7 additional games per spring season. Game Field Allocation 5/July 3, 2007How are game fields allocated for city league and travel teams? Game time slots for the travel teams are made available once the city league slots have been allocated. The available time slots are given to the travel team leagues—Bear Creek and North Texas Interlock League. The travel team leagues complete the schedule and return it to CBA for final approval. Most travel team games are played week nights at 8:00 pm, Saturday afternoon, Saturday night or Sunday afternoon. Travel teams play anywhere from 8 – 9 league games in Coppell. The balance of their 8-9 league games are played outside of Coppell.Game Field Allocation, continued 6/July 3, 2007How are practice game fields allocated for city league,teams, travel teams and non-CBA teams that qualify for practice fields? Practice fields are initially assigned starting in Feb of a spring season. City league teams have not been formed at that time so the only teams that practice are the travel teams, which are already formed, and any approved independent teams. Approved independent teams have to meet the 80% residency requirement set by the city. The travel teams pick their time slots followed by the independent teams. During February, the travel and independent teams each get 2 week night and one weekend practice slot. Once the city league teams are formed practice time slots are adjusted. The travel teams must release one weeknight time slot. The city league teams pick their practice times based on pulling numbers out of a hat. The independent teams select their time slots once all the city league and travel teams have finished their selections. All U7 – U14 teams end up with one week night, one weekend and one batting cage time slot. We only assign U5-U6 teams a practice field if we have enough available. The U5-U6 teams usually use the schools or other other open areas in the city for practice. Practice Field Allocation 7/July 3, 2007What are the team tournament fees for tournaments held at MacPark and Wagon Wheel?City League Tournaments:There is no tournament fee for the pre-season tournament at Wagon Wheel or the post-season tournament at MacPark and Wagon Wheel. These tournaments only include our city league teams. CBA administers and oversees these tournaments.Tournament Fees 8/July 3, 2007What are the team tournament fees for tournaments held at MacPark and Wagon Wheel?All Star Tournament and all other Tournaments:The city league Coppell All Star tournament is hosted at MacPark and Wagon Wheel. The team entry fee ranges from $400 - $450 depending on the age group. The fee is set according to what other tournaments in the area charge.All other tournaments in Coppell are run under the umbrella of a national or regional baseball affiliation. CBA runs tournaments for Triple Crown Baseball or USSSA. Tournament fees are set by those affiliations. The fees typically run from $400 - $550 per team. One hundred dollars of the fee goes to the hosting team(s). The balance is kept by the affiliation organization to cover tournament expenses which includes: umpires, field usage, trophies, awards, tournament supplies, baseballs, payment to onsite tournament directors from the tournament affiliation organization. In some cases the host team(s) will pay have to pay the field usage fee. It varies from tournament to tournament. Tournament Fees, continued 9/July 3, 2007What are the team tournament fees for tournaments held at MacPark and Wagon Wheel?All other Tournaments continued:The CBA hosting team(s) are responsible for managing all aspects of the concession operations, coordination with the city staff in preparation for the tournament, minor between games field preparation work and having a least one representative onsite at all times.The hosting team(s) make up to a $500 donation to CBA for the opportunity to host a tournament. All supplies, primarily concession items, are the responsibility of the hosting team(s). CBA does not provide any supplies or concession items for the tournament. If CBA concession inventory is available for the tournament, the hosting team(s) are required to purchase the items from CBA. Any left over concession inventory belongs to the teams. CBA will buy back inventory if it needs it. If not, the hosting team(s) are responsible for the inventory. Labor provided for the concession stands is the responsibility of the hosting team(s). Most teams(parents and kids) provide all the labor for the entire tournament which typically start Friday evening run Saturday and Sunday from 9:00 am to 10:00 pm. Some hosting team(s) will hire additional labor to help out. Those labor costs are the responsibility of the hosting team(s). Tournament Fees, continued 10 /July 3, 2007What CBA Teams are eligible to host tournaments?City league pre-season and post-season tournaments are administered and run by the CBA board. All other tournaments are administered and run by the travel teams. Tournament hosting is a fund raiser that allows the travel teams to raise money to help offset the cost associated with playing on a travel team. The monies raised are used by the teams to help defray some of the cost of out of town tournaments. Travel teams are afford the opportunity over city league teams because city league teams do not have costs associated with out of town tournament play. These out of town tournaments are played in local communities as well as in locations that require overnight or weekend travel. Tournament Hosting Banking Summary - YTD 1/1/2007 through 6/21/2007 Category Description 1/1/2007- 6/21/2007 INCOME Concession Receipts Concession Income - MacArthur Park 10,492.50 Concession Income - Wagon Wheel 16,920.37 TOTAL Concession Receipts 27,412.87 Donations 19,077.00 equipment reimbursement 400 Pratice Field Usage 808.15 Spring Registration 2007 73,796.00 T Shirts 20 Tournament Income 500 Uniforms reimbursement 164 TOTAL INCOME 122,178.02 EXPENSES Administrative Services Office 9,050.00 Web Development & Maintenance 1,019.96 TOTAL Administrative Services 10,069.96 Background Checks 880 Bank Charge 223.7 Concessions Food Food - MacArthur Park 2,178.03 Food - Wagon Wheel 2,704.55 TOTAL Food 4,882.58 Labor Labor - MacArthur Park 1,509.51 Labor - Wagon Wheel 2,931.28 TOTAL Labor 4,440.79 Coke Coke - MacArthur Park 1,347.00 Coke - Wagon Wheel 3,695.50 TOTAL Coke 5,042.50 Services Services - MacArthur Park 2,400.00 Services - Wagon Wheel 3,679.37 TOTAL Services 6,079.37 TOTAL Concessions 20,445.24 Equipment Equipment - Field 7,175.70 Equipment - Player 4,314.53 TOTAL Equipment 11,490.23 Insurance 6,053.33 Misc 650.69 OFFICE 1,143.02 Publicity 765.00 Registration Refund 645 Rent 1,600.00 Tax Other Tax 312.42 TOTAL Tax 312.42 Tournaments Other Tournaments 200 TOTAL Tournaments 200 Traveling Team Registration Fees - Spring 1,890.00 TOTAL Traveling Team 1,890.00 Trophies 3,278.10 Umpire Fee 3,838.00 Umpires Director Fee 5,000.00 Rec League - Mac 6,052.00 Rec League - WW 14,663.00 Supplies 323.02 Wagon Wheel 176.66 TOTAL Umpires 26,214.68 Uniforms Other Uniforms 20,721.39 TOTAL Uniforms 20,721.39 User Fees 5,700.00 Utilities Telephone 1,205.03 TOTAL Utilities 1,205.03 TOTAL EXPENSES 117,325.79 OVERALL TOTAL 4,852.23 AGENDA REQUEST FORM DATE: July 10, 2007 ITEM #: ES-3 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. Northlake Woodlands Center, Lot 4, Block A. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: July 10, 2007 ITEM #: 7 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 July 10, 2007 8/A ✔ PROCEDURAL Consider approval of minutes: June 26, 2007. Minutes of the City Council meeting held on June 26, 2007. Staff recommends approval. %minutes MINUTES OF JUNE 26, 2007 The City Council of the City of Coppell met in Regular Called Session on Tuesday, June 26, 2007, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Tim Brancheau, Councilmember Jayne Peters, Councilmember (late arrival) Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember Bill York, Councilmember Mayor Pro Tem Hinojosa-Flores was absent from the meeting. Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. WORK SESSION (Open to the Public) 2. Convene Work Session A. Legislative Recap B. Discussion regarding CEDC Appointments. C. Discussion regarding Board/Commission Interviews. D. Discussion regarding the Sign Ordinance. E. Discussion regarding Red Light Cameras. F. Discussion of Agenda Items. Work Session was held after Executive Session. EXECUTIVE SESSION (Closed to the Public) 3. Convene Executive Session A. Section 551.071, Texas Government Code – Consultation with City Attorney. cm062607 Page 1 of 7 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 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road. Mayor Stover convened into Executive Session at 5:45 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 6:17 p.m. and opened the Work Session. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. The Reverend Frank Pope led those present in the Invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Presentation by Rene Lawson. Pastor Rene Lawson, a Naval Reserve and former Coppell resident, made a presentation to Council regarding his time in Iraq and presented Mayor and Council with a Coppell city flag that was flown in Iraq. cm062607 Page 2 of 7 8. Report by Waste Management regarding storm damage recovery efforts. John Klaiber, representing Waste Management, made a report to Council regarding their cleanup efforts during the recent storms. Mike Holbrook was also present and was the person responsible for the coordination of the cleanup efforts. 9. Citizens' Appearances. There were no citizens signed up to speak under this item. CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: June 12, 2007. B. Consider approval of the resignation of Richard McCaffrey from the Planning and Zoning Commission. C. Consider approval of a grant agreement between the city of Coppell, the Coppell Education Development Corporation, and the Coppell Independent School District for library print materials in the amount of $126,000 and authorizing the City Manager to sign. D. Consider approval of a grant agreement between the city of Coppell, the Coppell Education Development Corporation, and the Coppell Independent School District for equipment at Coppell High School for the Engineering Technologies Pathway program in the amount of $35,000 and authorizing the City Manager to sign. E. Consider approval of a Resolution suspending the proposal by Atmos Energy Corporation to implement interim GRIP rate adjustments, providing for notice hereof to said company, and authorizing the Mayor to sign. cm062607 Page 3 of 7 F. Consider approval of an ordinance amending Article 8-3 Parking, Section 8-3-1(A) of the Code of Ordinances for the City of Coppell to prohibit stopping, standing, or parking a vehicle on both sides of Kaye Street and at all times beginning at a point 1550 feet east of its intersection with Coppell Road and extending to a point at the west property line of Lot 14 of the Round Oak Estates in its entirety; and authorizing the Mayor to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C, D, E carrying Resolution No. 2007-0626.1 and F carrying Ordinance No. 2007-1165. Councilmember Franklin seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. 11. Consider appointment of an Alternate member to the Parks and Recreation Board to fill a vacancy which term expires September 30, 2008. Action: Councilmember Faught moved to appoint Catherine Smithson to serve as an Alternate member to the Parks and Recreation Board to fill a vacancy which term expires September 30, 2008. Councilmember York seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. 12. Mayor and Council Reports. A. Report by Mayor Stover regarding the opening of the Hard Eight Restaurant. B. Report by Mayor Stover regarding an update of the Copperheads Baseball. C. Report by Mayor Stover regarding the State of the City address D. Report by Mayor Stover regarding the July 3rd fireworks. A. Mayor Stover reported that the Hard Eight Restaurant was now open in Old Coppell. They have high expectations on what it will do for the vision of Old Coppell. cm062607 Page 4 of 7 B. Mayor Stover encouraged the community to come out and enjoy the Copperhead games for some good family fun. C. Mayor Stover addressed the State of the City at the Chamber of Commerce Luncheon. He said the council helped compile a list of accomplishments, and he thanked everyone for the success of such a wonderful city. D. Mayor Stover shared that Tuesday, July 3rd will be the first time Coppell will have its own firework display. The fireworks will be conducted at Andy Brown Park East and Moore Road at 7:00 pm. He encouraged everyone to come out and enjoy the show. The July 4th Annual Parade will be held on Wednesday at 10:00 am. 13. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell. B. Coppell ISD – Councilmembers Peters and Faught. C. Coppell Seniors – Councilmembers Brancheau and Faught. D. Dallas Regional Mobility Coalition – Councilmember Peters. E. Economic Development Committee – Mayor Pro Tem Hinojosa-Flores and Councilmember Franklin. F. International Council for Local Environmental Initiatives (ICLEI) – Councilmember Brancheau G. Metrocrest Hospital Authority – Councilmember Tunnell. H. Metrocrest Medical Foundation – Councilmember Tunnell. I. Metrocrest Medical Services – Mayor Pro Tem Hinojosa- Flores. J. Metrocrest Social Service Center – Councilmember Tunnell. K. North Texas Council of Governments – Councilmember Brancheau. L. NTCOG/Regional Emergency Management – Councilmember Franklin. M. North Texas Commission – Councilmember York. N. Senior Adult Services – Councilmember Faught. A. Councilmember Tunnell discussed items reported from Superintendent Annette Griffin’s June letter. cm062607 Page 5 of 7 B. Councilmember Faught reported that the Coppell school board and district agreed to close Lee Elementary in 2008. In the meantime, they are working on redistricting plans scheduled for discussion on July 23rd. C. Councilmember Brancheau stated that the Coppell Seniors will have their monthly luncheon on Wednesday, June 27th at 11:00 am. Councilmember Faught said the program will include a discussion on seniors and the Police Department. They will also host an Independence Day Luncheon on July 3rd. D. Councilmember Peters reported that the Legislature passed a bill that allowed NTTA to match, or beat, the Cintra SH 121 award contract. Results will be announced later. E. Councilmember Franklin informed the council that at the June 6th meeting, the Economic Development Committee approved a 75% abatement for two industrial buildings in the Bethel Business Park. The committee is also reviewing the Retail Needs Survey conducted by Ray Turco and Associates. F. Nothing to report. G. Councilmember Tunnell reported that the transition from Tenet to Partners is scheduled for August. H. Nothing to report. I. Nothing to report. J. Nothing to report. K. Nothing to report. L. Nothing to report. M. Nothing to report. N. Councilmember Faught described the Home Repair Blitz for the Adult Seniors. Best Buy and two catholic youth missions, comprised of over 500 kids, completed 20 projects in one week. They repaired various items and spent time interacting with the seniors while working. They also built over 75 birdhouses and installed 45. They are interested in making this an annual event. cm062607 Page 6 of 7 14. Necessary action resulting from Work Session. There was no action necessary under this item. 15. Necessary Action Resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary cm062607 Page 7 of 7 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 July 10, 2007 8/B ✔ PROCEDURAL Consider approval of the resignation of JoAnn Schauf from the Coppell Education Development Corporation. Ms. Schauf is resigning due to work-related conflicts. Her current term expires September, 2007. Staff recommends approval and waiting for the annual appointments in September to fill the vacancy. %cedcresign-1AR Jim Witt City Manager City of Coppell,TX Dear Jim, JoAnn Schauf 215 Westwind Drive Coppell,TX 75019 214-450-6276 ioannschauf@Qrnail.com CITY MANAGER CITY OF COPPELL It is with regret that I submit my resignation as a member of the Coppell Education Development Corporation.It was a pleasure to contribute to the Corporation and the schools served by it.I am sorry for the inconvenience you may have to undergo finding a replacement.If I can be of service in another capacity,please let me know. Sincerely, .tJo(}JtW JdtUJ!/.fuAnn W.Schauf V 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 July 10, 2007 8/C ✔ ORDINANCE Consider approval of an Ordinance for 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, and authorizing the Mayor to sign. 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. On June 12, 2007, Council unanimously approved the zoning change (6-0). Staff recommends APPROVAL. @PD-220R-SF-12, AC, 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-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, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN, LANDSCAPE PLAN, AND ELEVATIONS OF THE SCREENING WALL, ATTACHED HERETO AS EXHIBITS “B”, “C”, AND “D”; AND PROVIDING FOR SPECIAL CONDITIONS; AND FURTHER AMENDING, IN PART, THE LAND USE MAP OF THE COMPREHENSIVE LAND USE PLAN AMENDING THE LAND USE DESIGNATION FROM NEIGHBORHOOD RETAIL TO RESIDENTIAL LOW DENSITY ON APPROXIMATELY FOUR ACRES OF PROPERTY ALONG DENTON TAP ROAD; 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-220R-SF-12 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: 1 TM 18011.2.00 SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from 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,, for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That PD-220R-SF-12 (Planned Development-220 Revised-Single Family-12) is hereby approved subject to the following special conditions: A. A tree removal permit shall be required prior to the removal of any and the issuance of a grading permit. B. Submission of Homeowner’s Association documents assuring perpetual maintenance of all common areas in accordance with the Subdivision Regulations in the Code of Ordinances. C. Submission of a color board indicating the name of the project and a sampling of all proposed materials in the appropriate color and labeled accordingly, shall be required with the submission of a Final Plat. D. Park impact fees will be assessed at $1,285 per lot. SECTION 3. That the property shall be developed and used in accordance with the SF-12 (Single Family-12) development standards under the Coppell Zoning Ordinance, except as amended in the special conditions as indicated on Detail Site Plan, Landscape Plan and Elevations of the Screening Wall shall be attached hereto as Exhibits “B”, “C”, and “D”; and made a part hereof for all purposes, are hereby approved. 2 TM 18011.2.00 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 18011.2.00 SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2007. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb) [JDD reviewed only 03/21/06] 4 TM 18011.2.00 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 July 10, 2007 8/D ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-224-HC, Northlake College, zoning change from C (Commercial), HC (Highway Commercial) and LI (Light Industrial) to PD-224-HC (Planned Development-224-Highway Commercial) for college and ancillary uses on approximately 37 acres of property and to attach a Detail Site Plan for Phase 1 to allow the construction of a 37,000-square-foot building on approximately 10 acres of property located at the southeast corner of S.H. 121 and W. Sandy Lake Road, and authorizing the Mayor to sign. On March 15, 2007, the Planning Commission recommended approval of this zoning change (4-0-1), subject to the above-stated conditions. (Commissioner Haas abstained due to Conflict of Interest). On April 10, 2007, Council unanimously approved this zoning change (6-0). Staff recommends APPROVAL. @PD-224-HC, NCC, 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), HC (HIGHWAY COMMERCIAL) AND LI (LIGHT INDUSTRIAL) TO PD- 224-HC (PLANNED DEVELOPMENT-224-HIGHWAY COMMERCIAL) FOR COLLEGE ON APPROXIMATELY 37 ACRES OF PROPERTY AND TO ATTACH A DETAIL SITE PLAN FOR PHASE 1 TO ALLOW THE CONSTRUCTION OF A 37,000-SQUARE-FOOT BUILDING ON APPROXIMATELY 10 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF S.H. 121 AND W. SANDY LAKE ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE CONCEPT SITE PLAN, DETAIL SITE PLAN, LANDSCAPE PLAN, FLOOR PLAN AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B, C, D, E AND F”, 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-224-HC should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from C (Commercial), HC TM 17859.2.000 (Highway Commercial) and LI (Light Industrial) to PD-224-HC (Planned Development-224- Highway Commercial) for the sole purpose of a college, as defined by the Code of Ordinances, and ancillary uses such as cafeteria, student common, book store, library, administration facility offices, informational support facility, and such compatible uses, including classrooms, and those uses allowed in a Highway Commercial District under the Code of Ordinances, as amended, on approximately 37+ acres of land located at the southeast corner of S.H. 121 and W. Sandy Lake Road and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. This Planned Development-224 shall be developed and used only in accordance with the development regulations and as depicted on the concept site plan, detail site plan, landscape plan, floor plan and elevations and the development standards, which are attached hereto and incorporated herein as Exhibits B through F, as follows: 1) Any future median cuts will also require the construction of the corresponding left turn bays. This construction shall be the responsibility of the owner of this property. 2) Prior to the construction of additional phases of this facility additional wastewater facilities may be required. 3) A Detail Site Plan for any additional development shall be required. SECTION 3. The property shall be developed and used in accordance with the HC (Highway Commercial) development standards under the Coppell Zoning Ordinance, except as amended in the special conditions as indicated on the concept site plan, detail site plan, landscape TM 17859.2.000 2 plan, floor plan, and elevations attached hereto as Exhibits “B, C, D, E, and F”, 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 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. TM 17859.2.000 3 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 6/28/07) TM 17859.2.000 4 PROPOSED BUILDINGFF=526.80TRASH ENCLOSURE MECHANICAL ENCLOSURE STORM WATER DETENTION LIMITS OF PHASE ONE DEVELOPMENTLIMITS OF PHASE ONEDEVELOPMENTAPPROXIMATE LIMITS OF "HC" ZONING APPROXIMATE LIMITS OF "C" ZONING APPROXIMATE LIMITS OF "L1" ZONING C Ll HC PROPERTY LINEPROPERTY LINE LIMITS OF PHASE ONE DEVELOPMENT APPROXIMATE LIMITS OF "LI" ZONING APPROXIMATE LIMITS OF "C" ZONINGPROPERTY LINEPROPERTY LINE OUTSIDE OF PROPERTY LINE Ll Ll Ll LlLlLl HC GENERAL SITE DATA CURRENT ZONING PHASE 1 FUTURE PHASES DALLAS COMMUNITY COLLEGE DISTRICT CONCEPT SITE PLAN 37.038 ACRES HC/L1/C 9.98 ACRES 25.78 ACRES BUILDING AREA (PHASE 1) PARKING REQUIRED 36,228 SF (GSF) FOOTPRINT - PHASE 1 VOL. 2005146, PG. 06788 JULY 27, 2005 PREPARED MARCH 28, 2007 PROPOSED ZONING PD-224-HC LOT COVERAGE (PHASE 1) FLOOR AREA RATIO (PHASE 1) CONCEPT SITE PLAN SQ. FT. OF PROPOSED USE 27.9% 8.3% PROPOSED PARKING PROVIDED IN PHASE 1 OF PLANNING AND DEVELOPMENT COPPELL ZONING ORDINANCE 1. COLLEGE OR UNIVERSITY: ONE SPACE PER EACH DAY STUDENT = 456 SPACES SCHOOL, SECONDARY, AND COLLEGE. ONE PARKING SPACE FOR EACH FOUR SEATS IN THE MAIN AUDITORIUM OR EIGHT SPACES FOR EACH CLASSROOM, WHICHEVER IS GREATER = 128 SPACES 2. PARKING DEMAND STUDY FOR NORTHLAKE CAMPUS IN IRVING, ONE SPACE PER 0.281 CAMPUS POPULATION (STUDENTS PLUS STAFF) = 166 SPACES 3. PARKING PROVIDED: 300 PARKING SPACES 0146*.#-'%1..')'0146*%#/275%122'..6':#5&#..#5%1706;%1//70+6;%1..')'&+564+%6 LIMITS OF PHASE ONE DEVELOPMENTLIMITS OF PHASE ONEDEVELOPMENTAPPROXIMATE LIMITS OF "HC" ZONING C Ll HC LIMITS OF PHASE ONE DEVELOPMENT APPROXIMATE LIMITS OF "LI" ZONING APPROXIMATE LIMITS OF "C" ZONINGPROPERTY LINE PROPOSED BUILDINGFF=526.808 SPACES = 72'-8" 8 SPACES = 72'-8"15 SPACES = 136'-3" 14 SPACES = 127'-2" 11 SPACES = 99'-11"12 SPACES = 109' 10 SPACES = 90'-10" 7 SPACES = 63'-7"15 SPACES = 136'-3" 9 SPACES = 81'-9"14 SPACES = 127'-2" 15 SPACES = 136'-3" 14 SPACES = 127'-2"10 SPACES = 90'-10" 8 SPACES = 72'-8" 5 SPACES = 45'-5" 8 SPACES = 72'-8"6 SPACES = 54'-6" 11 SPACES = 99'-11" 11 SPACES = 99'-11" 11 SPACES = 99'-11" 11 SPACES = 99'-11" 11 SPACES = 99'-11" 11 SPACES = 99'-11"7 SPACES = 63'-7"5 SPACES = 51'24'24'24'24'19'19'19'19'19'19'3'19'19'19'19'19'19'19'19'19'9' TYP. 9' TYP. 9' TYP. 9' TYP.15'-8"10'24'24' 14 SPACES = 127'-2"24'24'24'-3"1'-6"3'24'24'3'3'3'24'24'24'3'60°1'-6"TRASH ENCLOSURE MECHANICAL ENCLOSURE 3 SPACES = 30'-10"STORM WATER DETENTION 60°24'24' 24'9 SPACES = 91'-4"6 SPACES = 95'-7"5' 5'0146*.#-'%1..')'0146*%#/275%122'..6':#5&#..#5%1706;%1//70+6;%1..')'&+564+%6DALLAS COMMUNITY COLLEGE DISTRICT DETAIL SITE PLAN 37.038 ACRES VOL. 2005146, PG. 06788 JULY 27, 2005 PREPARED MARCH 28, 2007 GENERAL SITE DATA CURRENT ZONING PHASE 1 FUTURE PHASES HC/L1/C 9.98 ACRES 25.78 ACRES BUILDING AREA (PHASE 1) PARKING REQUIRED 36,228 SF (GSF) FOOTPRINT - PHASE 1 PROPOSED ZONING PD-224-HC LOT COVERAGE (PHASE 1) FLOOR AREA RATIO (PHASE 1) CONCEPT SITE PLAN SQ. FT. OF PROPOSED USE 27.9% 8.3% COPPELL ZONING ORDINANCE 1. COLLEGE OR UNIVERSITY: ONE SPACE PER EACH DAY STUDENT = 456 SPACES SCHOOL, SECONDARY, AND COLLEGE. ONE PARKING SPACE FOR EACH FOUR SEATS IN THE MAIN AUDITORIUM OR EIGHT SPACES FOR EACH CLASSROOM, WHICHEVER IS GREATER = 128 SPACES 2. PARKING DEMAND STUDY FOR NORTHLAKE CAMPUS IN IRVING, ONE SPACE PER 0.281 CAMPUS POPULATION (STUDENTS PLUS STAFF) = 166 SPACES 3. PARKING PROVIDED: 300 PARKING SPACES PROPOSED BUILDINGFF=526.80TRASH ENCLOSURE MECHANICAL ENCLOSURE STORM WATER DETENTION LIMITS OF PHASE ONE DEVELOPMENTLIMITS OF PHASE ONEDEVELOPMENTAPPROXIMATE LIMITS OF "HC" ZONING C Ll HC LIMITS OF PHASE ONE DEVELOPMENT APPROXIMATE LIMITS OF "LI" ZONING APPROXIMATE LIMITS OF "C" ZONINGPROPERTY LINE 0146*.#-'%1..')'0146*%#/275%122'..6':#5&#..#5%1706;%1//70+6;%1..')'&+564+%6DALLAS COMMUNITY COLLEGE DISTRICT LANDSCAPE PLAN 37.038 ACRES VOL. 2005146, PG. 06788 JULY 27, 2005 PREPARED MARCH 28, 2007 North Lake College Dallas County Community College District 0146*.#-'%1..')'0146*%#/275%122'..6':#5&#..#5%1706;%1//70+6;%1..')'&+564+%6 North Lake CollegeNorth Campus Coppell, Texas 0146*.#-'%1..')'0146*%#/275%122'..6':#5&#..#5%1706;%1//70+6;%1..')'&+564+%6 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 July 10, 2007 8/E ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-227-SF-12, Bellacere Addition, zoning change from 2F-9 (Two Family-9 Residential) to PD-227-SF-12 (Planned Development-227-Single Family-12), to allow the construction of four single-family homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150-feet east of Summer Place Drive, and authorizing the Mayor to sign. On April 19, 2007, the Planning Commission unanimously recommended approval of this zoning change (7-0), subject to the above-stated conditions. On May 8, 2007, Council unanimously approved this zoning change (6-0). Staff recommends APPROVAL. @PD-227-SF-12, BA, 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 2F-9 (TWO FAMILY-9 RESIDENTIAL) TO PD-227-SF-12 (PLANNED DEVELOPMENT-227-SINGLE FAMILY-12), TO ALLOW THE CONSTRUCTION OF FOUR SINGLE-FAMILY HOMES ON 1.961 ACRES OF PROPERTY LOCATED ALONG THE NORTH SIDE OF SANDY LAKE ROAD, APPROXIMATELY 150-FEET EAST OF SUMMER PLACE DRIVE, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE CONCEPTUAL ELEVATIONS, ZONING EXHIBIT/SITE PLAN, LANDSCAPING PLAN, TREE SURVEY, AND WALL DETAILS, ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, “E” AND “F”; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-227-SF-12 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from PD-213R2-H, for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes. 1 TM 18008.2.00 SECTION 2. That PD-227-SF-12 (Planned Development-227-Single Family-12), to allow the construction of four single-family homes on 1.961 acres of property is hereby approved subject to the following special conditions: A. Use regulations. A building or premise shall be used only for the following purposes: 1. Any use permitted in the "SF-ED" and the "SF-18" district, as provided in the Code of Ordinances. 2. Home occupation. B. Maximum height regulations. The maximum height regulations will be 35 feet nor more than two and one- half stories high, whichever is less. C. Area regulations. 1. Minimum size of yards: (A) Front yard set back shall be a minimum of 25’ from the fire lane, utility and access easement. (B) Side yard set back: Ten percent of the lot width, but in no case shall the side yard be less than eight feet. A side yard set back adjacent to a public street shall not be less than 15 feet. (C) Rear yard: minimum of 20 feet. 2. Minimum size of lot: (A) Lot area: 16,084 square feet. (B) Lot width: 110 feet. (C) Lot depth: 164 feet. 3. Minimum dwelling size: 4,000 square feet, exclusive of garages, breezeways and porches. 4. Maximum lot coverage: 35 percent of the total lot area may be covered by the combined area of the main buildings and accessory buildings. D. Parking/Driveway regulations. 1. Two enclosed parking spaces shall be provided behind the front yard set back line. 2 TM 18008.2.00 2. The enclosed parking area (garage) will not be accessed off of the alley. 3. Garages shall be side entry and garage doors shall not face the front of the lot. 4. Driveway access from Sandy Lake Road shall be limited to one driveway and shall be located in the platted access easement. The easement shall be paved with 24 feet of concrete minimum pavement thickness for street and delineated as a fire lane. E. Type of exterior construction. 1. At least 80 percent of the exterior walls of the first floor of all structures shall be of masonry construction exclusive of doors, windows, and the area above the top plate line. 2. Each story above the first floor of a straight wall structure shall be at least 80 percent masonry exclusive of doors, windows and the area above the top plate line. F. Tree Retribution. 1. A Tree Removal Permit shall be required prior to the removal of any trees. G. Homeowners Association 1. The homeowner’s association shall maintain the utility, access and fire lane easements. 2. Lot 1X is to be maintained by the HOA. 3. HOA shall be submitted to the City in accordance with the Code of Ordinances. H. Subdivision Regulation 1. Lots are not required to have public road frontage. 2. All lots shall front on a 24’ wide fire lane, utility and access easement. 3. Platted in accordance with the Subdivision Ordinance, except as amended herein. SECTION 3. That the property shall be developed and used in accordance with the SF- 12 (Single Family -12) development standards under the Coppell Zoning Ordinance, except as amended in the special conditions as indicated on the Conceptual Elevations, Zoning Exhibit/Site 3 TM 18008.2.00 Plan, Landscape Plan, Tree Survey and Wall Details shall be attached hereto as Exhibits “B”, “C”, “D”, “E” and “F”; and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the 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 4 TM 18008.2.00 Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2007. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb) [JDD reviewed only 03/21/06] 5 TM 18008.2.00 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING July 10, 2007 8/F ✔ ORDINANCE Consider approval of an Ordinance for a text amendment to Chapter 12, Zoning, of the Code of Ordinances, Section 12-30-16. Restaurant to delete the requirement for Special Use Permits for restaurants, unless adjacent to a residential zoning district and/or has drive-through facilities, and further, to allow for the Administrative Approval of the expansion of existing restaurants, subject to certain conditions, and authorizing the Mayor to sign. On April 19, 2007, the Planning Commission unanimously recommended approval of this text amendment (7-0) to delete the requirement for Special Use Permits for restaurants, unless adjacent to a residential zoning district and/or has drive-through facilities, and further, to allow for the Administrative Approval of the expansion of existing restaurants, subject to certain conditions. On May 8, 2007, Council unanimously approved this text amendment (6-0). Staff recommends APPROVAL. @Restaurant TA, ORD, 1-AR(con) 1 TM 17050.2.00 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE ZONING ORDINANCE NO. 91500, BY REPEALING SECTION 12-30-16, RESTAURANT, IN ITS ENTIRETY AND REPLACING WITH A NEW SECTION 12- 30-16 PROVIDING NEW REGULATIONS FOR RESTAURANTS; AND BY AMENDING SECTION 12-42-1, DEFINITIONS, TO ADD A DEFINITION FOR RESTAURANT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Ordinance No. 91500 of the City of Coppell, Texas, as heretofore amended, be, and the same is hereby amended by repealing Section 12-30-16 and replacing with a new Section 12-30-16 providing new regulations for restaurants, which shall read as follows: “Sec. 12-30-16. Restaurant. (1) Restaurant shall only require a special use permit in the "O" office, "R" retail, “H” historic, "HC" highway commercial, "C" commercial, "TC" town center, or "LI" light industrial districts, or “PD” planned development district, when either of the following conditions exist: (a) The restaurant will be located within a structure, either free-standing or within an existing retail building whose property line abuts a residential zoning district; or (b) The restaurant will have drive-in/through service. 2 TM 17050.2.00 (c) A restaurant as an accessory use, may be allowed by special use permit on property zoned single family residential or multi-family in association with a special use permit for a golf course and clubhouse. (2) In the event that a special use permit is required, then a public hearing process shall be required, as provided in this chapter. (a) Special conditions. A special use permit for a restaurant under this section, if granted, shall be subject to such reasonable special conditions in order to protect the health, safety, and welfare of the general public and adjacent land uses. (b) Time limit. (i) In the event an application for a building permit for a restaurant is not made and secured within six months from the granting of the special use permit for the restaurant, the Special Use Permit shall be revoked unless the owner/operator of the restaurant is granted an extension by the city council. (ii) In the event the owner or operator of a property having a zoning classification of a special use permit for a restaurant, ceases to operate the restaurant business use for a period in excess of 90 days, the planning and zoning commission or the city council may initiate a zoning change to consider changing the zoning classification to such other classification as may be appropriate for the property. Each applicant for a special use permit for a 3 TM 17050.2.00 restaurant shall be advised of this condition which shall be noted in the ordinance granting the zoning classification. (c ) Submission requirements. The following shall be required at the time of an application for a special use permit for a restaurant: (i) A proximity map or plat showing the zoning classification of adjacent property and the location and use of any structures on all properties within 300 feet of the restaurants, lots, or tract measured from the nearest property line of such lot or tract. (ii) Adequate copies of floor plans for the restaurant shall be submitted showing the dimensions of the following floor areas: 1. Eating areas; 2. Kitchen and food preparation area; 3. Waiting area; 4. Area of all other proposed uses within the restaurant; 5. All combined air-conditioned areas. (iii) Site Plan of the entire shopping center/retail building indicating: 1. Lease space of the proposed restaurant with square footage and dimension of frontage(s). 2. Parking analysis to assure that adequate parking exists to accommodate restaurant. 3. Proposed hours of operation. (iv) Elevation(s) of the building, indicating the lease space with dimensions and all proposed signage. 4 TM 17050.2.00 (3) New restaurant in a lease space/building with an existing Special Use Permit for a restaurant. In the event that another restaurant occupies the same building/lease space and a new or revised special use permit is not required; although all building permit conditions must be in compliance. (a) The director of planning or designee may administratively approve a minor amendment to the existing Special Use Permit for the establishment of a new restaurant, subject to the following process: (i) Submission of an application accompanied by the appropriate fee for administrative site plan approval, the revised floor plan, sign plan, hours of operation and/or other pertinent information to the planning department for review. (ii) That applicant is in compliance with all other applicable code of ordinance requirements or special conditions of the special use permit for such premise. (iii)The director will update the special use permit file to reflect the new restaurant. (iv) The director will issue a letter of approval, approval with conditions or denial. In the event of a denial, or conditions that are contested by the applicant, a public hearing process will be required with payment of appropriate fee. (v) Once the new restaurant occupies the building, the building official, or his designee, shall provide the planning department an official copy of the certificate of occupancy. 5 TM 17050.2.00 (4) Expansion of existing restaurant. In the event that and existing restaurant expands in the same building a revised special use permit is not required. (a) The director of planning or designee may approve an administrative amendment to an existing Special Use Permit to allow for expansion of an existing restaurant, subject to the following process: (i) Submission of an application accompanied by the appropriate fee for administrative site plan approval to include the revised floor plan, sign plan, hours of operation. (ii) Site Plan of the entire shopping center/retail building indicating the lease space of the proposed restaurant expansion with square footage and dimension of frontage(s). (iii) The owner/occupant apply and receive appropriate building permits and comply with applicable ordinances. (iv) A parking analysis to assure adequate parking exists. (b) The director shall review such application to ensure that the expanded use does not adversely affect the surrounding uses and to protect the general health, safety and welfare. (c) The director will update the special use permit file to reflect the restaurant expansion. (d) The director will issue a letter of approval, approval with conditions or denial. In the event of a denial or conditions that are contested by the 6 TM 17050.2.00 applicant, a public hearing process as provided in this Chapter. will be required. (e) In the event that an applicant is not satisfied with the determination of the director, it may submit a formal request to amend the Special Use Permit as provided in this Chapter. (5) Each application for a special use permit for a restaurant must be made by the property owner or the tenant with the written permission of the property owner. The planning and zoning commission and the city council may consider any relevant matter pertaining to the applicant or application which might affect the health, safety, and welfare of the community. (6) Signs. Exterior signs, other than established trade names, located on the outside of the building or premises of a restaurant, shall not advertise or refer to the sale or consumption of alcoholic beverages by words or symbols. (7) Existing uses. Any restaurant in operation or which has been granted a special use permit for a restaurant at the time of the adoption of this ordinance shall be considered as a conforming use. SECTION 2. That the Code of Ordinances be, and the same is, hereby amended by amending Article 42, Special Definitions, Section 12-42-1, Definitions, by adding a definition for restaurant, which shall read as follows: “ARTICLE 42. SPECIAL DEFINITIONS Sec. 12-42-1. Definitions. 7 TM 17050.2.00 . . . . . Rest home or nursing home: . . . . . Restaurant: A commercial establishment primarily where food and beverages are prepared, served and consumed within the principal building, on the premises or for take out. Retail stores an shops: . . . . . . . . . .” SECTION 3. That all ordinances and 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 4. That should any word, phrase, paragraph, section or portion of this ordinance, or of the Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or of the Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. That any person, firm or corporation violating any of the provisions of this ordinance or of the ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Coppell, Texas, shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day said violation is continued shall constitute a separate offense. 8 TM 17050.2.00 SECTION 7. That this ordinance shall become effective immediately from and after its passage and publication of the 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 07/02/07 amended) 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 July 10, 2007 8/G ✔ ORDINANCE Consider approval of an Ordinance for Case No. S-1017R-LI, Tetco, zoning change 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, and authorizing the Mayor to sign. 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. On June 12, 2007, Council unanimously approved this zoning change (6-0). Staff recommends APPROVAL. @S-1017R-LI, Tetco, 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-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, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B” AND “C”; 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-1017R-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 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,, for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes. 1 TM 17857.2.000 SECTION 2. That the Special Use Permit revision to allow a 160-square-foot addition to the existing car wash building for enclosed storage, is hereby approved subject to the following special condition: A. The development, construction and use shall be in accordance with the Site Plan and Elevations provided in Section 3 of this Ordinance. . SECTION 3. That the site plan and elevations shall be attached hereto as Exhibits “B” and “C”; and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 2 TM 17857.2.000 SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2007. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb) [JDD reviewed only 03/21/06] 3 TM 17857.2.000 LEGAL DESCRIPTION Lot A, Block 1 Valley Ranch Center Addition Volume 98195, Page 8982, D.R.D.C.T. 1301 East Belt Line Road Coppell, Texas 75019 EXHIBIT “A” WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ ȱ ȱ PLANNING July 10, 2007 8/H ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-213R2-H, Lost Creek Townhomes, zoning change from H (Historic) to PD-213R2-H (Planned Development-213 Revision 2-Historic) with a Detail Site Plan, to allow the development of 25 residential units, recreation, open space and common areas on 4.57 acres of property and a Concept Plan for commercial uses on approximately one acre of property located along the east side of Coppell Road, approximately 210 feet north of Bethel Road, and authorizing the Mayor to sign. On April 19, 2007, the Planning Commission unanimously recommended approval of this zoning change (7-0), subject to the above-stated conditions. On May 8, 2007, Council unanimously approved this zoning change (6-0). Staff recommends APPROVAL. @PD-213R2-H, LCTH, 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 H (HISTORIC) TO PD-213R2-H (PLANNED DEVELOPMENT-213 REVISION 2-HISTORIC) WITH A DETAIL SITE PLAN, TO ALLOW THE DEVELOPMENT OF 25 RESIDENTIAL UNITS, RECREATION, OPEN SPACE AND COMMON AREAS ON 4.57 ACRES OF PROPERTY AND A CONCEPT PLAN FOR COMMERCIAL USES ON APPROXIMATELY ONE ACRE OF PROPERTY LOCATED ALONG THE EAST SIDE OF COPPELL ROAD, APPROXIMATELY 210 FEET NORTH OF BETHEL ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN, LANDSCAPE PLAN, TREE SURVEY AND CONCEPT FLOOR PLANS AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B”, “C”, “D” AND “E”; 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-213R2-H 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: 1 TM 18002.2.00 SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from PD-213R2-H, for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That PD-213R2-H (Planned Development-213 Revision 2-Historic) with a Detail Site Plan, to allow the development and use of 25 residential units, recreation, open space and common areas on 4.57 acres of said property and a Concept Plan for commercial uses on approximately one acre of said property is hereby approved subject to the following special conditions: (A) The development of the townhomes, open space and recreation areas shall be in accordance with the detail site plan, landscape plan, tree survey, and conceptual floor plans and elevations. (B) Detail Site Plans shall be required prior to the development of the two commercial tracts along Coppell Road, as depicted in the Concept Plan. (C) The design of the townhomes shall comply with the Old Coppell Design Guidelines. (D) Park development fees of $1,285 per unit and a tree removal permit shall be required prior to development on this tract of land. SECTION 3. That the property shall be developed and used in accordance with the H (Historic) development standards under the Coppell Zoning Ordinance, except as amended in the special conditions as indicated on Detail Site Plan, Landscape Plan, Tree Survey and Concept Floor Plans and Elevations shall be attached hereto as Exhibits “B”, “C”, “D” and “E”; and made a part hereof for all purposes, are hereby approved. 2 TM 18002.2.00 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 18002.2.00 SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2007. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb) [JDD reviewed only 03/21/06] 4 TM 18002.2.00 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ City Manager's Office July 10, 2007 9 ✔ CONTRACT/BID or PROPOSAL Consider approval of an Economic Development Agreement by and between the City of Coppell, Duke Realty Limited Partnership and Duke Construction Limited Partnership, and authorizing the Mayor to sign. This agreement establishes incentives that impact the infrastructure improvements to the 185 acre site that Duke Realty is developing at the NWC of Belt Line Rd. and I.H. 635E. Approve the Economic Development Agreement and authorize the Mayor to sign. !Point West Eco Dev Agrmt - 1AR Coppell//Duke Realty Ltd. PS/Economic Development Agreement - 1 17770 STATE OF TEXAS § § Economic Development Incentive Agreement § COUNTY OF DALLAS § This Economic Development Incentive Agreement (this “Agreement”) is made by and among the City of Coppell, Texas (the “City”), and Duke Realty Limited Partnership, an Indiana limited partnership and Duke Construction Limited Partnership, an Indiana limited partnership (collectively, the “Company”), acting by and through their respective authorized officers. WITNESSETH: WHEREAS, the Company collectively owns 184.56 acres of the real property located at the northwest corner of Belt Line Road and Interstate Highway 635E, more particular described in Exhibit “A”, attached hereto (the “Land”); and WHEREAS, the Company intends to plat the Land into three or more lots, to sell a portion of the Land and to construct on the remaining Land certain industrial and commercial buildings (hereinafter collectively described as the “Improvements”) generally as set forth in the Concept Plan attached hereto as Exhibit “B”; and WHEREAS, the Company intends to deed restrict at least five (5) acres of the Land for the development and construction of a full service hotel (the “Hotel”); and WHEREAS, the Company’s efforts described herein will create permanent new jobs on the Land; and WHEREAS, the Company has advised the City that a contributing factor that would induce the Company to acquire the Land, restrict a portion of the Land for the Hotel use and to construct the Improvements would be an agreement by the City to provide economic development grants to the Company; and WHEREAS, the City has adopted programs for promoting economic development; and WHEREAS, the City is authorized by TEX. LOC. GOV’T. CODE § 380.001 to provide economic development grants to promote local economic development and to stimulate business and commercial activity in the City; and NOW THEREFORE, in consideration of the foregoing, and other valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Coppell//Duke Realty Ltd. PS/Economic Development Agreement - 2 17770 Article I Term The term of this Agreement shall begin on the last date of execution hereof (“Effective Date”) and continue until the Expiration Date, unless sooner terminated as provided herein. Article II Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Approved Franchise” means a franchise agreement with an Approved Franchisor whereby the hotel operator is permitted to operate the Hotel as a full service hotel and conference center using the name and reservation system of the Approved Franchisor. “Approved Franchisor” means a national hotel franchisor, and for a specific hotel product, approved by the City; provided, however, that the City shall not unreasonably withhold its consent to a franchisor which is one of the fifteen (15) largest national or fifty (50) largest international hotel chains as of such date. The City has approved Doubletree Hotels, Inc. as the initial Approved Franchisor. “Commencement of Construction” shall mean that: (i) the plans have been prepared and all approvals thereof required by applicable governmental authorities have been obtained for the respective Improvements or public infrastructure, as the case may be; (ii) all necessary permits for construction of the respective Improvements or the public infrastructure, as the case may be, pursuant to the respective plans therefore having been issued by all applicable governmental authorities; and (iii) construction of the vertical elements of the Improvements or grading of the Land in the case of public infrastructure, has commenced. “Company” shall collectively mean Duke Realty Limited Partnership, an Indiana limited partnership and Duke Construction Limited Partnership, an Indiana limited partnership. “Completion of Construction” shall mean that: (i) the respective Improvements have been substantially completed, and (ii) a certificate of substantial completion has been issued by the general contractor(s) and/or architect(s) for the respective Improvements, and a copy of such certificate has been delivered to the City. “Effective Date” shall mean the last date of execution hereof. “Event of Bankruptcy or Insolvency” shall mean the dissolution or termination of a party’s existence as a going business, insolvency, appointment of receiver for any significant part of such party’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the Coppell//Duke Realty Ltd. PS/Economic Development Agreement - 3 17770 commencement of any proceeding under any bankruptcy or insolvency laws by or against such party and such proceeding is not dismissed within ninety (90) days after the filing thereof. “Expiration Date” shall mean the date which is ten (10) years from the Effective Date. “Force Majeure” means any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, terrorism, riot, civil commotion, insurrection, criminal acts by unrelated third parties, government or de facto governmental action (unless caused by acts or omissions of the party) adverse weather, fires, explosions or floods, strikes, slowdowns or work stoppages. “Grants” shall collectively mean the Infrastructure Grant, the Utilities Grant, the Transportation Grant, Roadway Impact Fee Waiver and the Rollback Tax Grant. “Hotel” shall mean a full service hotel containing at least 150 guest rooms including 8,000 square feet of conference and meeting space and restaurant facilities at which food and beverages are prepared on site for at least three meals per day. “Hotel Operator” shall mean the owner of the Hotel Site. “Impositions” shall mean all taxes, assessments, use and occupancy taxes, charges, excises, license and permit fees, and other charges by public or governmental authority, general and special, ordinary and extraordinary, foreseen and unforeseen, which are or may be assessed, charged, levied, or imposed by any public or governmental authority on the Company and/or affecting the Land. “Improvements” shall collectively mean: (i) one (1) industrial building containing a minimum of approximately 850,000 square feet of space to be constructed on approximately 47.3 acres of the Land; (ii) one (1) industrial building containing a minimum of approximately 550,000 square feet of space to be constructed on approximately 38.6 acres of the Land; (iii) one (1) industrial building containing a minimum of approximately 100,000 square feet of space to be constructed on approximately 17.3 acres of the Land; (iv) one (1) office building containing a minimum of approximately 120,000 square feet of space to be constructed on approximately 14.6 acres of the Land; and (v) three (3) office buildings each containing a minimum of approximately 100,000 square feet of space to be constructed on approximately 10.7 acres of the Land, all as generally depicted on the Concept Plan. “Infrastructure Grant” shall mean an economic development grant to reimburse Company for expenditures for public infrastructure costs incurred and paid by Company for the Land in accordance with plans to be approved by the City during the period from the Effective Date through and including the date of Completion of Construction of the last building comprising the Improvements in the amount of the lesser of: (i) the actual infrastructure costs incurred and paid by Company; and (ii) $1,500,000.00, to be paid as set forth herein. “Land” shall mean the real property described in Exhibit “A”. Coppell//Duke Realty Ltd. PS/Economic Development Agreement - 4 17770 “Payment Request” shall mean a written request from Company to the City for payment of a Grant accompanied by copies of invoices, bills, receipts and such other information as may be reasonably requested by City to document Company expenditures or other information required for the respective Grant. “Related Agreements” shall collectively mean the Tax Abatement Agreement and any other agreement by and between the City and the Company, its parent company, and any affiliated or related entity owned or controlled by the Company or its parent company relating to the Land. “Required Use” shall mean the operation of the Hotel as a full service hotel and conference center and related amenities, open to the public and serving the adjacent business community and the citizens of the City, under and in accordance with the standards of an Approved Franchise. “Roadway Impact Fee Waiver” shall mean the waiver of the collection of roadway impact fees to be assessed, if any, by the City against the Land in the amount of the lesser of the: (i) actual amount of roadway impact fees assessed the Land; and (ii) $1,767,115.00, to be provided as set forth herein. “Rollback Taxes” shall mean the tax and/or penalty assessed against the Land, or portion thereof, as the result of the removal of agricultural and/or open space land designation(s) for the Land, or portion thereof, pursuant to Tax Code, Chapter 23 and collected by the City, from time to time, during the term of this Agreement. “Rollback Grants” shall mean periodic economic development grants in an amount equal to the Rollback Taxes not to exceed $600,000.00 in the aggregate to offset a portion of the Company’s cost of development of the Land, to be provided as set forth herein. “Tax Abatement Agreement” shall mean one or more tax abatement agreements by and between the City and the Company for the Land and/or Improvements or portions thereof. “Traffic Signal” shall mean a traffic control signal to be installed at the intersection of Dividend and Beltline Road in accordance with plans to be approved by the City. “Transportation Grant” shall mean an economic development grant in the amount of $200,000.00 to reimburse the Company for expenditures for the costs of the design and installation of the Traffic Signal, to be paid as set forth herein. “Utilities” shall mean the design and construction of certain water and sewer facilities on the Land, including the looping of a 16” water line, in accordance with plans to be approved by the City. “Utilities Grant” shall mean an economic development grant to reimburse Company for expenditures for the cost of the Utilities, incurred and paid by Company prior to Completion of Coppell//Duke Realty Ltd. PS/Economic Development Agreement - 5 17770 Construction of the Improvements in the amount of the lesser of: (i) the actual costs of Utilities incurred and paid by Company; and (ii) $1,500,000.00, to be paid as set forth herein. Article III Economic Development Grants 3.1 Grants. Subject to the Company’s continued satisfaction of all the terms and conditions of this Agreement, and the Company’s obligation to repay the Grants pursuant to Section 5.2 hereof, City agrees to provide the Company with Grants as set forth below: (a) Rollback Grants. The City shall, during the term of this Agreement, provide the Rollback Grants to the Company or any future owner of a portion of the Land, as applicable within sixty (60) business days after receipt of a Payment Request following the City collection of Rollback Taxes for such portion of the Land. The parties acknowledge and agree that, as Rollback Taxes are assessed against the Land and collected by the City, the City shall provide the Rollback Grants to Company or any future owner of a portion of the Land, as applicable, until Company and such future owner has been provided Rollback Grants in the aggregate that total $600,000.00. In the event Rollback Taxes are not assessed against the Land or collected by the City or in the event the Rollback Taxes collected during the term of this Agreement are less than $600,000.00, the City shall not be obligated to pay any such deficit amount to the Company. The Rollback Grant shall be applied on a per acre basis. (b) Transportation Grant. The City shall provide the Transportation Grant to the Company within sixty (60) business days after City’s receipt of a Payment Request following the approval of the plans for the design and installation of the Traffic Signal by the City. (c) Utilities Grants. The City shall provide the Utilities Grants to the Company within sixty (60) business days after delivery of a Payment Request to reimburse the Company for costs incurred and paid by the Company for the design and installation and construction of the Utilities. (d) Roadway Impact Fee Waiver. The City agrees to provide to the Company the Roadway Impact Fee Waiver. In the event roadway impact fees are not assessed against the Land or in the event the actual roadway impact fees assessed against the Land are less than $1,767,115.00, the City shall not be obligated to provide a waiver of any other City fees or assessments imposed by the City or to pay such deficit amount to the Company in cash or otherwise. (e) Infrastructure Grant. The City shall provide the Infrastructure Grant to the Company within sixty (60) business days after delivery of a Payment Request to reimburse the Company for public infrastructure costs. 3.2 Current Revenue. The Grants made hereunder shall be provided solely from lawfully available funds that have been appropriated by the City. Under no circumstances shall the City’s obligations hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision. Consequently, notwithstanding any other provision of this Agreement, the Coppell//Duke Realty Ltd. PS/Economic Development Agreement - 6 17770 City shall have no obligation or liability to pay any Grants unless the City appropriates funds to make such payment during the budget year in which such Grant(s) is payable. Further, the City shall not be obligated to pay any commercial bank, lender or similar institution for any loan or credit agreement made by the Company and /or Company. None of the City’s obligations under this Agreement shall be pledged or otherwise encumbered in favor of any commercial lender and/or similar financial institution. The City represents to the Company that the City has made available funds in the current budget year ending September 30, 2007 ("Current Budget Year")for the Infrastructure Grant, Transportation Grant, Utilities Grant, Rollback Tax Grant and Roadway Impact Fee Waiver. In the event that any of the Grants are not fully paid by the City during the Current Budget Year, the City agrees to appropriate funds during each subsequent budget year until all Grants are paid in full by City as required hereunder. 3.3 Thoroughfare Plan. The City agrees to the extent allowed by law to call the necessary public hearing(s) to consider any necessary amendment to the City Major Thoroughfare Plan and to cooperate with the Company in communication with and requesting Texas Department of Transportation to permit a connector road from the Land to Interstate Highway IH-635. Article IV Conditions to Grants The obligation for the City to provide the Grants hereunder shall be conditioned upon the Company’s continued compliance with, and satisfaction of each of the conditions set forth below: 4.1 The Company shall, as a condition precedent to the payment of a Grant, provide the City with the respective Payment Request for the applicable Grant request. 4.2 The Company shall not have an uncured breach or default of this Agreement and/or any of the Related Agreements. 4.3 The Company shall, subject to events of Force Majeure, cause Commencement of Construction of at least 750,000 square feet of warehouse space under roof and at least 170,000 square feet of office space under roof comprising a portion of the Improvements to occur on or before twenty-five (25) months after the Effective Date, and subject to events of Force Majeure to cause Completion of Construction thereof to occur on or before ten (10) calendar years thereafter. 4.4 The Company shall impose and record covenants, conditions and restrictions or other instrument in the deed records that require and restrict five (5) acres of the Land for the development and construction of the Hotel prior to the City providing the first Grant hereunder in a form approved in writing by the City Attorney (the “Hotel Deed Restriction”). 4.5 During the term of this Agreement, the Hotel Site shall not be used for any purpose other than the Required Use and that the Hotel Operator shall not allow the operation Coppell//Duke Realty Ltd. PS/Economic Development Agreement - 7 17770 and occupancy of the Hotel and/or the Hotel Site in conformance with the Required Use to cease for more than thirty (30) days except in connection with and to the extent of an event of Force Majeure or a temporary closure of the Hotel for renovation purposes. Article V Termination 5.1 Termination. This Agreement shall terminate upon the occurrence of any one or more of the following: (a) the execution by all parties of a written agreement terminating this Agreement; (b) the Expiration Date; (c) by either party by written notice of termination to the other party, in the event other party breaches any of the terms or conditions of this Agreement and such breach is not cured within thirty (30) days after written notice thereof; or (d) by the City, upon written notice of termination if the Company suffers an Event of Bankruptcy or Insolvency; (e) by the City, upon written notice of termination if any Impositions owed to the City or the State of Texas by the Company and/or Company shall become delinquent (provided, however the Company retains the right to timely and properly protest and contest any such Impositions) and such delinquent Impositions are not paid within thirty (30) days after written notice thereof; or (f) by the City, upon written notice of termination, if any subsequent Federal or State legislation or any decision by a court of competent jurisdiction declares or renders this Agreement invalid, illegal or unenforceable; 5.2 In the event the Agreement is terminated pursuant to Section 5.1(c) or (d), by the City, the Company shall immediately pay to the City an amount equal to the sum of all Grants paid by the City to the Company immediately proceeding the date of such termination. Article VI Miscellaneous 6.1 Binding Agreement; Assignment. The terms and conditions of this Agreement are binding upon the successors and permitted assigns of the parties hereto. This Agreement may not be assigned without the prior written consent of the City Manager. Coppell//Duke Realty Ltd. PS/Economic Development Agreement - 8 17770 6.2 Limitation on Liability. It is understood and agreed among the parties that the Company and the City, in satisfying the conditions of this Agreement, have acted independently, and assume no responsibilities or liabilities to third parties in connection with these actions. 6.3 No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture among the parties. 6.4 Authorization. Each party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 6.5 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received (i) three (3) days after deposit into the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth below or (ii) on the day actually received if sent by courier or otherwise hand delivered. If intended for City, to: Attn: City Manager City of Coppell, Texas P.O. Box 478 Coppell, Texas 75019 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 If intended for Company, to: Duke Realty Limited Partnership c/o Duke Realty Corporation 14241 Dallas Parkway, Suite 1000 Dallas, Texas 75254 Attn: Jeffrey D. Turner Telephone: 972-361-6704 Telecopy: 972-361-6802 With a copy to: Coppell//Duke Realty Ltd. PS/Economic Development Agreement - 9 17770 Duke Realty Corporation 6133 North River Road, Suite 200 Rosemont, IL 60018 Attn: Ann Dee, Market Attorney Telephone: 847 232-5408 Telecopy: 847 232-5694 Any party shall have the right to change its address for notice by sending notice of change of address to each other party, in the manner described above. 6.6 Entire Agreement. This Agreement is the entire agreement between the parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written Agreement among the parties that in any manner relates to the subject matter of this Agreement, except as provided or referred to in this Agreement or as provided in any Exhibits attached hereto. 6.7 Governing Law. This Agreement shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court. 6.8 Amendment. This Agreement may only be amended by a written agreement executed by all parties. 6.9 Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 6.10 Recitals. The recitals to this Agreement are incorporated herein. 6.11 Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 6.12 Exhibits. The exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 6.13 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. Coppell//Duke Realty Ltd. PS/Economic Development Agreement - 10 17770 6.14 Conditions Precedent. This Agreement and the provision of the Grants provided herein for are expressly subject to contingent upon (i) Company closing its purchase of the Land on or before September 11, 2007; and (ii) the Company obtaining City approval of the Hotel Deed Restriction. [Signatures Appear on the Following Pages] Coppell//Duke Realty Ltd. PS/Economic Development Agreement - 11 17770 EXECUTED in duplicate originals this the ___ day of, _______ 2007. City of Coppell, Texas By: Douglas N. Stover, Mayor Attest: By: Libby Ball, City Secretary Agreed as to Form: By:__________________________ Robert E. Hager, City Attorney Coppell//Duke Realty Ltd. PS/Economic Development Agreement - 12 17770 EXECUTED in duplicate originals this the day of, 2007. Duke Realty Limited Partnership, an Indiana limited partnership By: Duke Realty Corporation, an Indiana corporation, sole general partner By: Jeffrey D. Turner Senior Vice President Duke Construction Limited Partnership, an Indiana limited partnership By: Duke Business Centers Corporation, an Indiana corporation, sole general partner By: ________________________ Jeffrey D. Turner Senior Vice President City of Coppell’s Acknowledgment Coppell//Duke Realty Ltd. PS/Economic Development Agreement - 13 17770 State of Texas § § County of Dallas § This instrument was acknowledged before me on the ___ day of _______________, 2007, by Douglas N. Stover, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ Company’s Acknowledgment State of Texas § § County of Dallas § This instrument was acknowledged before me on the _____ day of ___________, 2007, by Jeff Turner, Senior Vice-President of Duke Realty Corporation, an Indiana corporation, as general partner of Duke Realty Limited Partnership, an Indiana limited partnership, on behalf of said corporation and said limited partnership. Notary Public, State of _________________ My Commission Expires: Coppell//Duke Realty Ltd. PS/Economic Development Agreement - 14 17770 Company’s Acknowledgment State of Texas § § County of Dallas § This instrument was acknowledged before me on the _____ day of ___________, 2007, by Jeff Turner, Senior Vice-President of Duke Business Centers Corporation, an Indiana corporation, as general partner of Duke Construction Limited Partnership, an Indiana limited partnership, on behalf of said corporation and said limited partnership. Notary Public, State of _________________ My Commission Expires: A-1 Exhibit “A” Legal Description of Land TRACT 1 Being a tract of land situated in the Cordelia Bowen Survey, Abstract No. 56 and in the Jefferson Tilley Survey, Abstract No. 1474, Dallas County, Texas, and being the same tract of land conveyed to HML 183 Partners, L.P., by Deed recorded in Volume 2003167, Page 12141, Deed Records, Dallas County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod set for corner with yellow plastic cap stamped "DCA INC." at the intersection of the Northeast right-of-way line of L.B.J. Freeway (variable width right-of- way) and the West right-of-way line of Belt Line Road (120 foot right-of-way), said corner also being the Southeast corner of said HML 183 Partners tract; THENCE North 71 degrees 35 minutes 05 seconds West, along said Northeast right-of-way line of L.B.J. Freeway, a distance of 1545.92 feet to a 1/2 inch iron rod set for corner with yellow plastic cap stamped "DCA INC."; THENCE North 51 degrees 30 minutes 48 seconds West, along said Northeast right-of-way line of L.B.J. Freeway, a distance of 1057.19 feet to a concrete monument found for corner; THENCE North 39 degrees 55 minutes 52 seconds West, along said Northeast right-of-way line of L.B.J. Freeway, a distance of 808.75 feet to a concrete monument found for corner; THENCE North 35 degrees 43 minutes 45 seconds West, along said Northeast right-of-way line of L.B.J. Freeway, a distance of 1269.74 feet to a 1/2 inch iron rod found for corner, said corner being the South corner of a tract of land conveyed to Santa Fe Pacific Realty Corporation, by Deed recorded in Volume 89190, Page 3425, Deed Records, Dallas County, Texas; THENCE North 00 degrees 13 minutes 57 seconds East, along the East line of said Santa Fe Pacific Realty tract, a distance of 791.39 feet to a 1/2 inch iron rod set for corner with yellow plastic cap stamped "DCA INC.", said corner being the Southwest corner of a tract of land conveyed to Coppell Independent School District, by Deed recorded in Volume 417, Page 461, Deed Records, Dallas County, Texas; THENCE North 89 degrees 26 minutes 32 seconds East, along the North line of said Coppell Independent School District tract, a distance of 2388.83 feet to a 1/2 inch iron rod found for corner, said corner lying in the South line of Lot 2, Block B of Northlake 635 Business Park, an addition to the City of Coppell, Dallas County, Texas, according to the map thereof recorded in Volume 98193, Page 30, Map Records, Dallas County, Texas, and being the Northwest corner of Lot 1, Block B of Northlake 635 Business Park, an addition to the City of Coppell, Dallas County, Texas, according to the map thereof recorded in Volume 98008, Page 11, Map Records, Dallas County, Texas; A-2 THENCE South 00 degrees 29 minutes 23 seconds West, along the West line of said Lot 1, Block B, a distance of 1111.44 feet to a 3/4 inch iron pipe found for corner, said corner being the Southwest corner of said Lot 1, Block B; THENCE North 89 degrees 25 minutes 45 seconds East, a distance of 1174.28 feet to a 1/2 inch iron rod set for corner with yellow plastic cap stamped "DCA INC.", said corner being the Southeast corner of said Lot 1, Block B and lying in said West right-of-way line of S. Belt Line Road; THENCE South 00 degrees 02 minutes 27 seconds West, along said West right-of-way line of S. Belt Line Road, a distance of 1583.62 feet to a 1/2 inch iron rod set for corner with yellow plastic cap stamped "DCA INC."; THENCE departing said West right-of-way line of S. Belt Line Road the following bearings and distances: North 85 degrees 44 minutes 20 seconds West, a distance of 675.56 feet to a point for corner; North 05 degrees 15 minutes 13 seconds East, a distance of 105.89 feet to a point for corner; North 84 degrees 44 minutes 47 seconds West, a distance of 208.71 feet to a point for corner; South 05 degrees 15 minutes 13 seconds West, a distance of 143.89 feet to a point for corner; South 84 degrees 44 minutes 47 seconds East, a distance of 208.71 feet to a point for corner; North 05 degrees 15 minutes 13 seconds East, a distance of 17.99 feet to a point for corner; South 85 degrees 44 minutes 20 seconds East, a distance of 677.38 feet to a 1/2 inch iron rod set for corner with yellow plastic cap stamped "DCA INC.", lying in said West right-of-way line of S. Belt Line Road; THENCE South 00 degrees 02 minutes 27 seconds West, along said West right-of-way line of S. Belt Line Road, a distance of 908.45 feet to the POINT OF BEGINNING and containing 7,995,793.21 square feet or 183.56 acres of land. A-3 TRACT 2 Being a tract of land situated in the Cordelia Bowen Survey, Abstract No. 56 and in the Jefferson Tilley Survey, Abstract No. 1474, Dallas County, Texas, and being out of the same tract of land conveyed to HML 183 Partners, L.P., by Deed recorded in Volume 2003167, Page 12141, Deed Records, Dallas County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod set for corner with yellow plastic cap stamped "DCA INC." at the Southeast corner of Lot 1, Block B of Northlake 635 Business Park, an Addition to the City of Coppell, according to the map thereof recorded in Volume 98008, Page 11, Map Records, Dallas County, Texas, and lying in the West right-of-way line of S. Belt Line Road (120 foot right-of-way); THENCE South 00 degrees 02 minutes 27 seconds West, along said West right-of-way line of Belt Line Road, a distance of 1583.62 feet to a 1/2 inch iron rod set for corner with yellow plastic cap stamped "DCA INC.", said corner being the POINT OF BEGINNING; THENCE South 00 degrees 02 minutes 27 seconds West, a distance of 20.06 feet to a 1/2 inch iron rod set for corner with yellow plastic cap stamped "DCA INC."; THENCE North 85 degrees 44 minutes 20 seconds West, departing said West right-of-way line of S. Belt Line Road, a distance of 677.38 feet to a point for corner; THENCE South 05 degrees 15 minutes 13 seconds West, a distance of 17.99 feet to a point for corner; THENCE North 84 degrees 44 minutes 47 seconds West, a distance of 208.71 feet to a point for corner; THENCE North 05 degrees 15 minutes 13 seconds East, a distance of 143.89 feet to a point for corner; THENCE South 84 degrees 44 minutes 47 seconds East, a distance of 208.71 feet to a point for corner; THENCE South 05 degrees 15 minutes 13 seconds West, a distance of 105.89 feet to a point for corner; THENCE South 85 degrees 44 minutes 20 seconds East, a distance of 675.56 feet to the POINT OF BEGINNING and containing 43,565.38 square feet or 1.0001 acres of land. B-1 Exhibit “B” Concept Plan 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 July 10, 2007 10 ✔ PUBLIC HEARING Consider approval of Case No. S-1241-C, Fat Daddy’s Burger House, zoning change from C (Commercial) to S-1241-C (Special Use Permit-1241-Commercial) to allow a 3,580-square-foot restaurant with a 940-square-foot outdoor patio area, to be located at 215 S. Denton Tap Road, Suite 100. The following P&Z conditions remain outstanding: 1) The development shall be in accordance with the site plan, floor plan and sign plan. 2) The hours of operation shall not exceed 11 a.m. to 10 p.m. seven days a week. On June 21, 2007, the Planning Commission unanimously recommended approval of this zoning change (6-0), subject to the above-stated conditions. Commissioners Frnka, Kittrell, McCaffrey, Haas, Fox, and Reese voted in favor, none opposed. Staff recommends approval. @ 1PD-S-1241-C, Fat Daddys, 1-AR ITEM #4 PAGE 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: S-1241-C, Fat Daddy’s Burger House P&Z HEARING DATE: June 21, 2007 C.C. HEARING DATE: July 10, 2007 STAFF REP: Marcie Diamond, Assistant Director of Planning LOCATION: 215 S. Denton Tap Road, Suite 100 SIZE OF AREA: Two acres of property CURRENT ZONING: C (Commercial) REQUEST: Zoning change request to S-1241-C (Special Use Permit-1241- Commercial) to allow a 3,580-square-foot restaurant with a 940- square-foot outdoor patio area APPLICANT: Wyatt Hurt Jim Bruton Fat Daddy’s JLB Design Associates 261 Enclaves Court 260 N. Denton Tap #255 Coppell, Texas 75019 Coppell, Texas 75019 214-505-9141 972-393-6255 FAX: 972-393-3325 FAX: 972-393-6255 HISTORY: The subject property was originally platted as part of the 14-lot 25.65 acre DTC Business Center, which was filed on January 6, 1987. On March 26, 1991, Council approved the rezoning of the residential property to the west from C (Commercial) to PD-115- SF-7 (Wynnpage single-family subdivision). As a result of the development of the Wynnpage residential subdivision, the DTC Business Center plat was vacated on May 8, 1992. In November 2002, a Preliminary Plat for three lots, a Site Plan and a Final Plat for Lot 1, Block B, were approved. A previous proposal was approved but never filed. It consisted of a Final Plat and Replat, the combination of two of the preliminary platted lots into one, and reconfiguring the fire lane and mutual access easement of Lot 1, Block B. In November of 2005 Council approved the platting of two lots, forming one flag lot at the rear, and a replat of Lot 1, Block B, in order to reconfigure the fire lane and mutual access easement. This approval was subject to the Board of Adjustment granting the following variances to the Zoning Ordinance: deleting the perimeter landscaping requirement for ITEM #4 PAGE 2 of 3 Lots 1 and 2, Block B; allowing a minimum 11’-side yard setback for Lot 2, Block B; allowing a minimum 11’-front/side yard setback for Lot 1, Block B; and the provision of a cross-parking agreement between these two properties. All of these conditions have been met and the buildings have been constructed. TRANSPORTATION: Denton Tap Road is a P6D, six-lane divided concrete roadway built to standard in a 110-foot right-of-way. SURROUNDING LAND USE & ZONING: North -undeveloped; C (Commercial) South -office building; C (Commercial) East –CISD Administration Building and medical office; C (Commercial) West - office building; C (Commercial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for mixed-use, which includes office and retail uses. DISCUSSION: This request is to allow a 3,580-square-foot restaurant to be located in the southern end of the recently constructed two-story building located at 215 Denton Tap Road. This restaurant will have 96 seats and a game room. The hours of operation will not exceed 11 a.m. to 10 p.m., seven days a week. When the site plan was approved for this development, it anticipated only a 1,700-square-foot restaurant with the 940- square-foot patio, the remainder of the 1st floor for retail, and the second for office uses. This request is for a 3,580-square-foot restaurant with the 940-square-foot restaurant resulting in a 10 parking space deficit for this lot. However, as indicated on the parking analysis table on sheet SP-1 of this request, the two existing adjacent buildings (235 S. Denton Tap Road and 207 S. Denton Tap Road) to the west and south were parked anticipating medical (1 space per 175) vs. office general (1 space per 300). These buildings are occupied by office users, therefore there is an excess of 8 parking spaces for this three lot development. Therefore the proposed restaurant can be accommodated subject to a submission of a parking agreement addressing shared parking for all three lots. The second issue is signage. Again, when the site plan for this building was approved, the signage was specified to be white channel letters with Times Roman font. The 1st sign approved for this building was Banker Mortgage, with bronze color letters to be located on the second floor at the northern end of the building. The Fat Daddy’s sign will have the same color letters, to provide the required consistency in color of signs. The multicolor logo, ITEM #4 PAGE 3 of 3 which is less than 20% of the area of the sign, is being requested to be located over the main entrance of the restaurant. The proposed round logo hanging under the arch of the front door will be architecturally compatible and therefore can be supported. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of S-1241-C, Fat Daddy’s Burger House, subject to the following conditions: 1. Submission of a cross parking agreement for 207, 215 and 235 S. Denton Tap Roads. 2. The development shall be in accordance with the site plan, floor plan and sign plan. 3. The hours of operation shall not exceed 11 a.m. to 10 p.m. seven days a week. 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) EL-1 – Elevations and Floor Plan 2) SP-1 – Site Plan, Parking Analysis Table and Location Map. 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 July 10, 2007 11 ✔ PRESENTATION Consider approval of the Northlake Woodlands Center, Lot 4, Block A, Minor Plat, to establish a building site, various easements and fire lane to allow for the reuse and renovation of the existing 4,940-square-foot structure for a pet day care/boarding/spa on 0.664 of an acre of property located along the north side of Bethel School Road, approximately 240 feet east of Denton Tap Road (property addressed as 120 East Bethel School Road). There are no outstanding P&Z conditions. On June 21, 2007, the Planning Commission unanimously recommended approval of this minor plat (6-0), with no conditions. Commissioners Frnka, Kittrell, McCaffrey, Haas, Fox, and Reese voted in favor, none opposed. Staff recommends approval. @ 2Northlake W Ctr, L4, BA, MP, 1-AR ITEM #5 PAGE 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Northlake Woodlands Center, Lot 4, Block A, Minor Plat P&Z HEARING DATE: June 21, 2007 C.C. HEARING DATE: July 10, 2007 STAFF REP: Marcie Diamond, Assistant Director of Planning LOCATION: Along the north side of Bethel School Road, approximately 240 feet east of Denton Tap Road (property addressed as 120 East Bethel School Road). SIZE OF AREA: 0.664 of an acre of property CURRENT ZONING: C (Commercial) REQUEST: Minor Plat approval to establish a building site, various easements and a fire lane to allow for the reuse and renovation of the existing 4,940-square-foot structure for a pet day care/boarding/spa. APPLICANT: Owner: Applicant: Edward E. Gaddy Ming-Yao P. Kao, P.E. 700 Meadowlark Lane 505 Alma Drive Coppell, Texas 75019 Plano, Texas 75208 972-462-8393 972-567-9377 FAX: 214-941-2331 FAX: 972-423-7535 HISTORY: This property has never been platted. This structure was originally opened as a La Petite Daycare in August 1984. In January 1999 the ownership changed to the Sterling Academy Daycare. On July 22, 2004 the day care closed, and this building has remained vacant since that time. In November of 2006 Council approved a Minor Plat and PD-217- C to allow for the renovation and reuse of this property, subject to the deletion of the proposed mutual access easement from this lot to Denton Tap Road. This Minor Plat reflects this change. TRANSPORTATION: Bethel School Road is designated on the Thoroughfare Plan as a two-lane collector street, built within 60 feet of right-of-way. ITEM #5 PAGE 2 of 2 SURROUNDING LAND USE & ZONING: North – self-service car wash and vacant property – C Commercial) South – U.S. Post Office – C (Commercial) East – vacant property (First United Methodist Church) – SF-7 (Single Family-7) West –vacant property – C (Commercial) COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable mixed uses. DISCUSSION: This property has never been platted; therefore, a plat is required to establish a building site and provide easements for a fire lane, sidewalk and utilities. Council approved a Minor Plat on this property subject to two conditions: 1. Removal of the mutual access easement to Denton Tap Road, and 2. Submission of a legal instrument defining the perpetual maintenance of the landscape easement. The mutual access easement has been eliminated from this Minor Plat, and the legal instrument defining the maintenance of the “off-site” landscape strip is no longer required due to the fact that this lot has been increased by 1,289.5 square-feet to accommodate the required perimeter landscaping on-site. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Northlake Woodlands Center, Lot 4, Block A, Minor Plat, with 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) Minor Plat 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 July 10, 2007 12 ✔ PUBLIC HEARING Consider approval of Case No. PD-108R7-SF-9, The Chateaus of Coppell, to amend the land use designation on the Comprehensive Land Use Plan from Public/Institutional to Residential Low Density on approximately 11 acres of property along Denton Tap Road and a zoning change from PD-108-LI (Planned Development-108-Light Industrial) to PD-108R7-SF-9 (Planned Development-108R7-Single Family-9), with a Concept Plan, to allow the development of 56 single-family homes and common/ open space areas on 20 acres of property located at the southwest corner of Bethel and Denton Tap Roads. The following P&Z conditions remain outstanding: 1) Proposed screening wall west of the new street needs to line up with the existing wall in the Summit at the Springs subdivision, then may angle to the north. 2) Include a 5' wall maintenance easement on the residential side of the "X" lot. (PARTIALLY MET) 3) Revise the Plant Table on the Landscape Plan to only include the plant materials and quantities intended for this project and increase its legibility. 4) Include proposed street names on Zoning Exhibit and Concept Plan. On June 21, 2007, the Planning Commission unanimously recommended approval of this zoning change (6-0), subject to the above-stated conditions. Commissioners Frnka, Kittrell, McCaffrey, Haas, Fox, and Reese voted in favor, none opposed. Staff recommends approval. @ 3PD-108R7-SF-9, C of Coppell, 1-AR ITEM #6 PAGE 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: PD-108R7-SF-9, The Chateaus of Coppell P&Z HEARING DATE: June 21, 2007 C.C. HEARING DATE: July 10, 2007 STAFF REP: Marcie Diamond, Assistant Director of Planning LOCATION: SWC of Bethel & Denton Tap Roads SIZE OF AREA: 20 acres of property CURRENT ZONING: PD-108-LI (Planned Development-108-Light Industrial) REQUEST: To amend the land use designation on the Comprehensive Land Use Plan from Public/Institutional to Residential Low Density on approximately 11 acres of property along Denton Tap Road and a zoning change request to PD-108R7-SF-9 (Planned Development-108R7-Single Family-9), with a Concept Plan, to allow the development of 56 single-family homes and common/ open space areas. APPLICANT: Owner: First Baptist Church of Coppell 590 S. Denton Tap Road Coppell, Texas 75019 Prospective Purchaser/Developer: Toll Brothers or Assigns 2557 S.W. Grapevine Parkway, Suite 100 Grapevine, Texas 76051 817.329.8770 FAX: 817.488.2496 Engineer: Matt Alexander Dowdey, Anderson and Associates, Inc. 5225 Village Creek Drive, Suite 200 Plano, Texas 75093 972.931.0694 FAX: 972.931.9538 ITEM #6 PAGE 2 of 4 HISTORY: In 1989, 115 acres were rezoned from PD-Recreation Center to PD-108 (known as the Springs of Coppell) for institutional, office, retail, commercial and light industrial uses. This property was owned by the Baptist Foundation, and their Concept Plan indicated a proposed university site east of Grapevine Creek. To the west of Grapevine Creek was a proposed park. The balance of the PD was envisioned for light industrial/tech uses, with commercial and office buildings proposed along Denton Tap Road. In 1995, this PD was amended to allow for the development of The Summit at the Springs, a 46-lot SF-9 residential subdivision on approximately 30 acres located roughly 500 feet west of Denton Tap Road, south of Bethel Road. In 1998, this PD was amended to allow for The Reserve, a 23-lot residential subdivision on 9.7 acres of land located to the west of The Summit at the Springs. In 1998 a request to rezone a 37-acre tract (which now includes the Service Center site) from PD-LI and R to PD-SF-9 for 102 single-family lots (to be known as Westchase) was denied by City Council. This 37- acre tract was subsequently sold to the City of Coppell for future use. In July of 2005, PD-108R6-H was approved to allow the development of two medical and office buildings totaling 33,108-square-feet on the south side of Bethel Road. The first building has been constructed and is currently partially occupied. TRANSPORTATION: Bethel Road is a two-lane asphalt road contained within a variable width right-of-way. Construction to a concrete roadway is scheduled to begin late third quarter, 2008. SURROUNDING LAND USE & ZONING: North –undeveloped; PD-220R-SF-12 (pending) South – single family homes and Dickey’s Restaurant; PD-198- SF-7 and C (Commercial) East – retail nursery (vacant), offices; R (Retail) West – Summit at the Springs; PD-208R-SF-9 COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable for Residential Medium Density and Public/Institutional DISCUSSION: This request is for a Concept Plan to establish 56 single-family home sites, with six common area lots. The lots are generally in accordance with the SF-9 District regulations, except that the minimum lot depth has been increased from 100 feet to 120 feet. The applicant is requesting a variation in the lot width, whereas, the SF-9 requires 75-foot-lot width, and 18 of the 56 lots (approximately 32%) are shown to have a 72-foot lot width. However, those lots which have this reduced lot width have been increased in depth to achieve the minimum lot size of 9,000 square-feet. Reductions are also being requested to the side yard setback from eight feet to five feet on the 72-foot-wide lots. These lots are indicated on the site plan with an ‘*’. These types of variations in single family subdivisions are provided for in the PD ITEM #6 PAGE 3 of 4 regulations in the Zoning Ordinance. Reflective of the Zoning Ordinance requirement, side yards adjacent to streets will be 15 feet. The applicant has included a Side-Yard Fencing Detail indicating that a six-foot board-on-board fence with unified color stain will be centered within this side yard, 7.5 feet on each side. However, the minimum house size needs to be specified as part of the PD conditions. These lots will not have alleys and therefore will be front entry, with up to three-car garages. A PD condition has been included which limits garage doors facing the street to one, and the other two shall be access via swing, or ‘J’ driveways. This plan contains six common-area lots. Lots 1X, 3X, 4X and 5X provide for perimeter screening and landscaping. Along Denton Tap Road, the ‘X’ lot encompasses a 23-foot landscape, walk and utility easement. The concept landscape plan indicates an eight- foot brick wall, with a mixture of Live Oaks and Crape Myrtle Trees, and various shrubs to soften the appearance of the wall. However, there is a 15-foot sewer line within this easement whose specific location within the easement needs to be taken into consideration when the detail plan for this landscape area is designed. This wall extends along the southern border adjacent to the rail road right-of-way. Where cul-de-sacs abut the wall, additional open space ‘X’ lots are being provided. Adjacent to Bethel Road, a 10-foot landscape buffer is shown. It is recommended that to be consistent with the buffer provided in the Summit, this buffer be increased to 15 feet in width, west of the new street. Given the amount of right-of-way being dedicated east of the new street, the buffer may be retained as 10 feet to be consistent with the ‘X’ lot width provided in Alexander Court. The screening wall is proposed to be placed on the mutual property line between the common area and the private property line; therefore, a five-foot wall maintenance easement is provided on the residential side of the wall. There will not be a screening wall along the west property line, adjacent to the Summit at the Springs development, given the existing brick wall. However, the Summit at the Springs Final Plat indicates that there is an existing five-foot wall maintenance easement on this (The Chateaus) property. This existing wall maintenance easement needs to be addressed as part of this development. The Springs Plat also includes a 20-foot grade-to- drain easement and two 20x20-feet drainage easements which were all established by separate instruments. Prior to the submission of a Preliminary Plat and Detail Site Plan for this property, the drainage area map will have to be re-analyzed to address these drainage issues. ITEM #6 PAGE 4 of 4 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-108R7-SF-9, The Chateaus of Coppell, subject to the following conditions: 1. Increase the width of the common area along Bethel Road, west of the new street to 15 feet. 2. Include a 5’ wall maintenance easement on the residential side of the “X” lot. 3. Provide a 20' waterline easement between the lots on the south side of the property. 4. Re-analyze the Area Drainage Map to address the drainage areas as indicated in the Summit at the Springs. Also provide a 6" crown instead of 5" on the Drainage Plan. 5. Landscaping along Denton Tap Rd. should not interfere with the 15" sanitary sewer line in the 20' easement. 6. Revise the Plant Table on the Landscape Plan to only include the plant materials and quantities intended for this project and increase its legibility. 7. Include proposed street names on Zoning Exhibit and Concept Plan. 8. Provide minimum house size as a PD Condition. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) PD Conditions 2) Zoning Exhibit 3) Concept Plan 4) Landscape Plan Exhibit “A” Planned Development Regulations Development Standards Submitted: May 21, 2007 Revised: June 12, 2007 Owner: First Baptist Church of Coppell 590 S. Denton Tap Road Coppell, Texas 75019 Developer/Applicant: Toll Brothers or Assigns 2557 S.W. Grapevine Pkwy, Ste. 100 Grapevine, Texas 76051 (817) 329-8770 Planner/Engineer/Surveyor: Dowdey, Anderson and Associates, Inc. 5225 Village Creek Drive Suite 200 Plano, Texas 75093 (972) 931-0694 (972) 931-9538 Fax Planned Development Regulations For an approximately 20 acre tract out of the J. A. Simmons Survey, Abstract No. 1296 in the City of Coppell, Dallas Counties, Texas. 1.0 Definitions: Definitions used herein shall be the same as those found in Article 42 of the Chapter 12 Zoning of the Code of Ordinances of the City of Coppell, Texas. 2.0 General Regulations 1. A property owners association shall be established and shall be responsible for the maintenance of all park/open space areas. 2. All dwellings shall be street access or front-entry. 3.0 Use Regulations The permitted uses shall be as follows: The allowable uses shall be those uses permitted within the Coppell Zoning District “SF-9” – Single-Family 9, as described in Article 12 - Section 12 of the Zoning Ordinances for the City of Coppell, Texas, except as amended herein. 4.0 Area Regulations The following amended area regulations shall apply: Minimum Front Yard - The minimum depth of the front yard shall be twenty-five (25) feet. Minimum Rear Yard - The minimum depth of the rear yard shall be twenty (20) feet. Minimum Side Yard - The minimum depth of the side yard shall be eight (8) feet; the minimum side yard for a corner lot shall be fifteen (15) feet. In addition, each corner side yard shall be developed as depicted on the attached “Side Yard Fencing Plan and Detail.” Maximum Lot Coverage - The maximum lot coverage shall not be greater than thirty-five (35) percent of the gross lot area. Minimum Lot Width - The minimum lot width measured at the proposed building line shall be seventy-five (75) feet; Minimum Lot Depth - The minimum lot depth shall be one-hundred-twenty (120) feet. Maximum Lot Area - The minimum lot area shall be nine-thousand (9,000) square feet. Maximum Building Height – The maximum building height shall be 35 feet measured at the mid-point between the eves and the dominate ridge of the hip or gabled roofs. Minimum Dwelling Unit - The minimum dwelling unit shall be thirty-two hundred (3,200) square feet. Exception to the area regulations described above: A maximum of 18 lots may have a Minimum Lot Width of seventy-two ( 72) feet and a Minimum Side Yard of five (5) feet (not adjacent to a street). All remaining lots shall follow the area regulations described above. These lots shall be as depicted on the concept plan with an “*”. 6.0 Landscape and Screening Regulations The following landscaping regulations shall apply: The landscape requirements shall be as defined by the Zoning Ordinance and depicted on the landscape plan. The following screening regulations shall apply: 1. The perimeter screening along Bethel Road, Denton Tap and the existing railroad shall be in accordance with Article 33-Section (12- 33-1.8) of the Coppell Zoning Ordinance. 2. The residential side yard fencing shall be a 6-foot board-on-board wooden fence with a unified stain throughout. In addition, shade trees shall be planted in as depicted on the “Side Yard Fencing Plan and Detail, See attached Exhibit B. 7.0 Subdivision Regulations • Development shall meet the standards as required in the City of Coppell Subdivision Ordinance, except for a variance to the requirement that alleys be provided in all residential sub-divisions. 8.0 Legal Description See attached Exhibit “C”. EXHIBIT “B” EXHIBIT “C” + BOUNDARY DESCRIPTION BEING a 20.000 acre tract of land, situated in the J. A. Simmons Survey, Abstract No. 1296, Dallas County, Texas and being a portion of a tract of land, conveyed by deed to the Baptist Foundation of Texas, as recorded in Volume 67199, Page 788, Deed Records, Dallas County, Texas. Said 20.000 acre tract being more particularly described by metes and bounds as follows: BEGINNING at an “X” set in concrete at the intersection of the south right-of-way line of Bethel Road (a 50 foot R.O.W.) and the west right-of-way line of Denton Tap Road (a 100 foot R.O.W.), said point also being in the northeast corner of said Baptist Tract; THENCE South 01°17’37” West, along the common line of the east line of said Baptist tract and the west right-of-way line of said Denton Tap Road, a distance of 1,206.36 feet to a ½ inch iron rod set for corner, said point being the southeast corner of said Baptist tract, said point also being the intersection of said west right-of-way line and the north line St. Louis & Southwestern Railroad right-of-way (a 100 foot R.O.W.); THENCE South 76°24’37” West, along the common line of the south line of said Baptist tract and the north right-of-way line of said St. Louis & Southwestern Railroad right-of- way, a distance of 796.09 feet to a ½ inch iron rod set for corner, said point being the point of a curvature of a curve to the right, having a delta of 01°04’14”, a radius of 3,420.07 feet a tangent length of 31.96 feet and a chord bearing and distance of South 76°56’44” West, 63.91 feet; THENCE southwesterly, along said common line and along the arc of said curve to the right, a distance of 63.91 feet to a ½ inch iron rod set for corner; THENCE North 01°17’37” East, leaving said common line, a distance of 445.98 feet to a ½ inch iron rod set for corner; THENCE North 28°51’26” East, a distance of 748.39 feet to a ½ inch iron rod set for corner; THENCE 01°17’37” East, a distance of 320.00 feet to a ½ inch iron rod set for corner, said point being in the common line of the north line of said Baptist tract and the south right-of-way line of said Bethel Road; THENCE South 88°42’24” East, along said common line, a distance of 438.05 feet to a ½ inch iron rod set for corner, said point being the point of a curvature of a curve to the right, having a delta of 02°27’30”, a radius of 1,095.92 feet, a tangent length of 23.52 feet and a chord bearing and distance of South 85°20’56” East, 47.02 feet; THENCE southeasterly, along said common line and along the arc of said curve to the right, a distance of 47.02 feet to the POINT OF BEGINNING and CONTAINING 871,200 square feet or 20.000 acres of land, more or less. c i t y o f c o p p e l lPLANNING DEPARTMENTFrom: Public/InstitutionalTo: Residential Low Densityon approximately 11 acres WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING July 10, 2007 13 ✔ PRESENTATION Consider approval of the Arbor Manors, Preliminary Plat, to allow the development of 73 single-family homes and 9 common area lots on approximately 25.15 acres of property located south of Sandy Lake Road; west of Denton Tap Road. 1) Park development fees of $1285 per lot. 2) Tree removal permit required prior to start of construction/dirt work. 3) Need formal, written street easement agreement with GTE. 4) Provide access drive to Wynnpage retail tract. 5) Tract A-1 is “R”, Retail, not “C”, Commercial. 6) Add note that lots 5-8, Block D will not have alley access. 7) Collect run-off before reaching Sandy Lake Road. 8) Drainage will be evaluated further during the Engineering review process. 9) Place stamped concrete at subdivision entrances. 10)Typical pavement section follows City design standard 2035. On June 21, 2007, the Planning Commission unanimously recommended approval of this preliminary plat (6-0), subject to the above-stated conditions. Commissioners Frnka, Kittrell, McCaffrey, Haas, Fox, and Reese voted in favor, none opposed. Staff recommends approval. @ 4Arbor Manors, PP, 1-AR ITEM #7 PAGE 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Arbor Manors, Preliminary Plat P&Z HEARING DATE: June 21, 2007 C.C. HEARING DATE: July 10, 2007 STAFF REP: Gary L. Sieb, Director of Planning LOCATION: South of Sandy Lake Road; west of Denton Tap Road SIZE OF AREA: 25.148 acres of property CURRENT ZONING: PD-214R2-SF-9 & C (Planned Development-214 Revised-Single- Family-9 & Commercial) REQUEST: Preliminary Plat approval to allow the development of 73 single- family homes and 9 common area lots. APPLICANT: Priority One Dev. Engineer: Dowdy, Anderson David Hale Matt Alexander, P.E. 111 N. Post Oak Rd. 5225 Village Creek Dr. Houston, TX. 77093 Suite 200 (713) 316-3120 Plano, TX. 75093 Fax: (713) 931-9538 (972) 931-0694 Fax: (972) 931-9538 HISTORY: This property was recently rezoned to allow low density residential use and the Comprehensive Master Plan was amended to accommodate this use also. TRANSPORTATION: Denton Tap Road is a P6D, six-lane, concrete divided thoroughfare contained with a 100-120-foot right-of-way and built to standard. Sandy Lake Road is proposed to be a C4D, four-lane concrete, divided thoroughfare contained within a 90-foot right- of-way. It is currently a two lane asphalt road. SURROUNDING LAND USE & ZONING: North –Retail development; “C”, Commercial South – single-family homes; PD-115-SF-7, Planned Development East – Retail/commercial development; “C”, Commercial West – single-family housing/commercial; “R”, Retail and SF-12 ITEM #7 PAGE 2 of 2 COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable for low density residential use. DISCUSSION: This is a preliminary plat to allow 73 single-family lots. The proposal follows the circulation, use, open space, and density parameters outlined when the zoning case was approved by Council. There are corrections needing to be made to the plat including “X” lot designations, access drive provision, zoning corrections and others outlined in the conditions for approval portion of this staff report. With the numerated corrections to the plat, staff can support this request. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following conditions: 1) Park development fees of $1285 per lot. 2) Tree removal permit required prior to start of construction/dirt work. 3) Need formal, written street easement agreement with GTE. 4) Provide access drive to Wynnpage retail tract. 5) All common areas need to be indicated by “X” lots, do not duplicate numbers. 6) Tract A-1 is “R”, Retail, not “C”, Commercial. 7) Add note that lots 5-8, Block D will not have alley access. 8) Collect run-off before reaching Sandy Lake Road. 9) Drainage will be evaluated further during the Engineering review process. 10) Place stamped concrete at subdivision entrances 11) Typical pavement section follows City design standard 2035. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Preliminary plat document 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 July 10, 2007 14 ✔ PUBLIC HEARING Consider approval of Case No. PD-221R2-HC, Duke Lesley Addition, zoning change from PD-221-HC (Planned Development-221-Highway Commercial) to PD-221R2-HC (Planned Development-221 Revision 2-Highway Commercial) to attach a Detail Site Plan to allow for the construction of an 187,535-square-foot, six-story hotel, with 260 rooms and ancillary uses, on 5 acres of property located along the east side of Point West Boulevard. There are no outstanding P&Z conditions. On June 21, 2007, the Planning Commission unanimously recommended approval of this zoning change (6-0), subject to the above-stated conditions. Commissioners Frnka, Kittrell, McCaffrey, Haas, Fox, and Reese voted in favor, none opposed. Staff recommends approval. @ 5PD-221R2-HC, DL Addn, 1-AR ITEM #8 PAGE 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: PD-221R2-HC, Duke Lesley Addition P&Z HEARING DATE: June 21, 2007 C.C. HEARING DATE: July 10, 2007 STAFF REP: Gary L. Sieb, Director of Planning LOCATION: Along the east side of Point West Boulevard, approximately 230 feet north of I.H. 635. SIZE OF AREA: Five acres of property CURRENT ZONING: PD-221-HC (Planned Development-221-Highway Commercial) REQUEST: Zoning change request to PD-221R2-HC (Planned Development- 221 Revision 2-Highway Commercial) to attach a Detail Site Plan to allow construction of an 187,535-square-foot, six-story hotel, with 260 rooms and ancillary uses. APPLICANT: Gary C. Mills Hotels Engineer: Pacheco Koch Gary C. Mills Jay London, P.E. P.O. Box 1127 8350 N. Central Expressway Coppell, TX. 75019 Suite 1000 (214) 208-5770 Dallas, TX. 75206 Fax: (480) 287-9641 (972) 235-3031 Fax: (972) 235-9544 HISTORY: This property has recently been rezoned to allow a variety of retail, office, and warehouse uses on approximately 180 acres. This request sits on a portion of that overall zoning change area. TRANSPORTATION: LBJ Freeway is a portion of the interstate highway system and is built to standard within a variable width right-of-way. Point West Boulevard is a local street in process of being constructed. When completed it will be a concrete street with a 50-foot right–of-way. SURROUNDING LAND USE & ZONING: North – vacant industrial land; “PD-221-HC”, Planned Development South – vacant retail land; “PD-221-HC”, Planned Development East – vacant retail land; “PD-221-HC”, Planned Development West – vacant commercial land; “PD-HC”, Planned Development ITEM #8 PAGE 2 of 4 COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable for retail and commercial uses. DISCUSSION: If approved, this will be the first modern hotel to be constructed in the City of Coppell. The six-story, 187,000-square-foot facility is proposed to have 260 rooms and ancillary uses common to a hotel. Being six stories tall and located at the southern entrance to the city, this structure will become a building defining this community. That being the case, it is very important that design, building placement, landscaping, signage, and materials used in its construction compliment what has already been built in Coppell. This application favorably addresses each of those points. It will be a partially masonry structure, is placed on the property to maximize its exposure, and proposes some innovative landscaping applications. In addition, because it will be the first structure in the retail/commercial portion of this intersection, its design will set the tone for those uses which follow. MATERIALS As submitted, the building is proposing substantial modification to our masonry construction guidelines. The base of the building will consist of two stone types and extend 17-feet up, the next 41-feet is a concrete product which is not recognized as a masonry material in Coppell. This building material composes a majority of the structure. The final 12-feet of the building are stucco. Calculating the masonry and non-masonry building percentages, we conclude that 65-70% of this building is non-masonry as defined by our codes. The zoning ordinance specifies a maximum of 20% non-masonry building material. However, because this building is in a PD, modification to our typical standard would be allowed. It would be prudent for the applicant to address this modification at the public hearing. LANDSCAPING Landscaping is somewhat less than the zoning ordinance requires. The proposed landscaping is 6,300-square-feet short of code. To compensate for that shortage, the applicant is proposing 4-inch caliper trees, providing a rather innovative “mini” landscape island feature in 14 38-square-foot islands, and is using 6,000- square-feet of pavers at the entrance to the hotel. By applying these concepts, the resultant shortage of landscaping is less than 200-square-feet. Again, because this is a Planned Development request, that shortage is easily addressed. ITEM #8 PAGE 3 of 4 PARKING A third issue relates to the number of parking spaces provided. Technically and by ordinance standards, 360 parking spaces should be provided (310 for the rooms and ancillary spaces and an additional 50 for the restaurant). The proposal shows 322 spaces being provided and a note stating that the restaurant will be primarily used by guests of the hotel and the additional parking will not be needed. This proposal is 38 parking spaces short of code requirements. The applicant needs to elaborate on the use statement at the hearing and if justified, the PD can allow the parking as proposed. SIGNAGE Signage on the building occurs on three sides--south, west and east. Total sign area is 247-square-feet with two attached signs being 90-feet each and one logo sign of 67-square-feet. Although the total square footage is slightly above our requirements (22-square-feet too large) and the logo sign on the south elevation is somewhat larger than the 20% allowed (it is 67- square-feet vs. the 44-square-feet typically allowed) the PD would again allow the request. Because of the massiveness of the building, and the fact that these signs are 60-feet above grade, staff can support this request. They are proposing one 60-square- foot monument sign to be located along Point West Boulevard which complies with our sign ordinance. Overall we are favorably inclined to support this request. There are a number of issues the applicant needs to elaborate on mentioned above that need further justification. Provided these issues are addressed to Commission’s satisfaction, this project should be welcomed by this community. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following conditions: 1) Waiving the required 20% maximum non-masonry construction requirement. 2) Approving the parking plan as submitted. 3) Recommending the landscape plan as shown. 4) Endorsing the building attached signage package as submitted. 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. ITEM #8 PAGE 4 of 4 ATTACHMENTS: 1) Detail Site Plan 2) Landscape plan 3) Building Elevations (2 sheets) 4) Color Board 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 July 10, 2007 15 ✔ PRESENTATION Consider approval of the Duke Lesley Addition, Lot 2R Block C, Replat, to establish fire lanes and easements to allow for the construction of an 187,535-square-foot, six-story hotel, with 260 rooms and ancillary uses, on five acres of property located along the east side of Point West Boulevard, approximately 230 feet north of I.H. 635. There are no outstanding P&Z conditions. On June 21, 2007, the Planning Commission unanimously recommended approval of this replat (6-0), with no conditions. Commissioners Frnka, Kittrell, McCaffrey, Haas, Fox, and Reese voted in favor, none opposed. Staff recommends approval. @ 6DL Addition, L2R, BC, RP, 1-AR ITEM #9 PAGE 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: Duke Lesley Addition, Lot 2R, Block C, Replat P&Z HEARING DATE: June 21, 2007 C.C. HEARING DATE: July 10, 2007 STAFF REP: Gary L. Sieb, Director of Planning LOCATION: Along the east side of Point West Boulevard, approximately 230 feet north of I.H. 635 SIZE OF AREA: Five acre of property CURRENT ZONING: PD-221-HC (Planned Development-221-Highway Commercial) REQUEST: Replat approval to establish fire lanes and easements to allow the construction of an 187,535-square-foot, six-story hotel, with 260 rooms and ancillary uses APPLICANT: Gary C. Mills Hotels Engineer: Pacheco Koch Gary C. Mills Jay London, P.E. P.O. Box 1127 8350 N. Central Expressway Coppell, TX. 75019 Suite 1000 (214) 208-5770 Dallas, TX. 75206 Fax: (480) 287-9641 (972) 235-3031 Fax: (972) 235-9544 HISTORY: This property has recently been rezoned to allow a variety of retail, office, and warehouse uses on approximately 180 acres. This request sits on approximately five acres of that overall zoning change area. TRANSPORTATION: LBJ Freeway is a portion of the interstate highway system and is built to standard within a variable width right-of-way. Point West Boulevard is a local street in process of being constructed. When completed it will be a concrete street with a 50-foot right-of-way. SURROUNDING LAND USE & ZONING: North –vacant industrial land; “PD-221-HC”, Planned Development South –vacant retail land; “PD-221-HC”, Planned Development East – vacant retail land; “PD-221-HC”, Planned Development West – vacant commercial land; “PD-221-HC”, Planned Development ITEM #9 PAGE 2 of 2 COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable for retail and commercial uses. DISCUSSION: This request follows the application for a hotel on the subject parcel. Because we supported the hotel proposal with certain conditions, we can also support this request to plat the property into a legal building site. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request. There are no outstanding conditions that need to be addressed at this time. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request ATTACHMENTS: 1) Replat Document 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 July 10, 2007 16 ✔ PUBLIC HEARING Consider approval of Case No. PD-221R3-HC, Duke Lesley Addition, zoning change from PD-221-HC (Planned Development-221-Highway Commercial) to PD-221R3-HC (Planned Development-221 Revision 3-Highway Commercial) to attach a Concept Plan for retail and restaurant uses on 17.4 acres of property located at the northwest corner of Belt Line Road and IH 635. The following P&Z condition remains outstanding: 1) Work with the engineering staff to address concerns related to traffic circulation and ingress/egress (similar to a TIA). On June 21, 2007, the Planning Commission unanimously recommended approval of this zoning change (6-0), subject to the above-stated conditions. Commissioners Frnka, Kittrell, McCaffrey, Haas, Fox, and Reese voted in favor, none opposed. Staff recommends approval. @ 7PD-221R3-HC, DL Addn, 1-AR ITEM #10 PAGE 1 of 5 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: PD-221R3-HC, Duke Lesley Addition P&Z HEARING DATE: June 21, 2007 C.C. HEARING DATE: July 10, 2007 STAFF REP: Marcie Diamond, Assistant Director of Planning LOCATION: NWC of Belt Line Road and IH 635 SIZE OF AREA: 17.4 acres of property CURRENT ZONING: PD-221-HC (Planned Development-221-Highway Commercial) REQUEST: Zoning change request to PD-221R3-HC (Planned Development- 221 Revision 3-Highway Commercial) to attach a Concept Plan for retail and restaurant uses. APPLICANT: Prospective Purchaser: Architect: Guillermo Perales Bryan Moore 3318 Forest Lane, Suite 200 DBA Architects Dallas, Texas 75240 702 N. College 469.682.9843 McKinney, Texas 75069 FAX: 972.719.9389 469.667.5095 FAX: 972.547.4102 HISTORY: This property has recently been rezoned from a Highway Commercial District to a Planned Development for Highway Commercial uses to allow tilt-wall construction and additional attached signage on office buildings that are 50,000-square-feet or larger and to allow the development of mixed uses, including retail, office and hotel on a total of 78.5 acres of property. Also on this agenda is a request for a hotel on approximately 5 acres of property. TRANSPORTATION: LBJ Freeway is a portion of the interstate highway system and is built to standard within a variable width right-of-way. Point West Boulevard is a local street in the process of being constructed. When completed, it will be a concrete street with a 50-foot right– of-way. ITEM #10 PAGE 2 of 5 SURROUNDING LAND USE & ZONING: North – vacant office land; “PD-221R-HC”, Planned Development South – LBJ Freeway, Coppell City Limit Line East – vacant retail land; “PD-221-HC”, Planned Development West – LBJ Freeway and vacant commercial land; “A”, Agriculture COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable for retail and commercial uses. DISCUSSION: The stated purpose of this Concept Plan is basically four-fold: • To establish circulation patterns for this tract and provide access to the hotel tract; • To allow variances to the Sign Ordinance, including 35’ tall multi-tenant and single tenant signs, more than one sign per lot, and variances to the placement of those signs; • To assure general compliance with the provisions of the Landscape Ordinance except for allowing alternative compliance; and • To provide that all buildings and signage will be architecturally compatible, as will be established during the detail site plan (rezoning) process. CIRCULATION PATTERNS This concept plan provides various fire lanes and mutual access easements that provide access to all tracts and abutting land uses. First, Private Drive “A” will provide a direct connection from Belt Line Road to Point West Blvd; parallel to LBJ Freeway, providing access to the proposed hotel, 7 pad sites, and the proposed retail center. This drive will also act as an alternative to the “service road” for eastbound traffic. Given the density of the proposed developments and the amount of trips envisioned, staff is very concerned with the functionality of this 24-feet mutual access drive/fire lane, and recommends the following revisions: • Widen the paving to allow for a minimum of two-way traffic as well as turning movements. • Delete all head-in parking onto this drive. • Realign the first intersection to be a minimum of 150 feet from Belt Line Road. • The construction of Private Drive “A” shall be completed from Belt Line Road to Point West Boulevard prior to the issuance of any building permits for vertical construction on the Hotel site or other sites adjacent to this drive. Second, similar issues exist with Private Street “B” at the intersection of Belt Line Road. This intersection will be served by a full median, which could potentially support a high volume of traffic. Staff recommends that head-in parking be deleted and ITEM #10 PAGE 3 of 5 the first intersecting driveway be a minimum of 150 feet from Belt Line Road. Finally, the Concept Plan provides for three mutual access easements to the north of the office development. Staff fully supports these connections that would allow the employees of the office park direct access to the retail and restaurant uses without accessing Belt Line Road. SIGN ORDINANCE The second purpose of this request is to provide a Conceptual Design and locations for all detached signs within this retail development currently not permitted in the Sign Ordinance. Specifically requested are: • Three - 35-foot tall, Multi-tenant pylon signs: two signs along LBJ Freeway and one on Belt Line Road at Private Street “A”. • Six - 35-foot tall, single tenant pylon signs along LBJ and; • Four 6-foot tall, 60-square-foot, single tenant monument signs along Denton Tap. As indicated on the Concept Plan, the locations of these signs are not in compliance with the regulation of the Sign Ordinance. Specifically: • Not providing the minimum setbacks – 15-feet from street right- of-way, 75-feet from property lines other than those property lines fronting the street right-of-way. • More than one sign per lot. Additionally, the conceptual design of the Multi-tenant signs does not comply with the requirement that “All individual tenant name plates must be of uniform size, color and font”. Finally, is unclear if these signs are intended to be illuminated internally or externally. An argument can be made to support the additional height of signs along the very important freeway; however, the proposed 35-foot tall pylon sign proposed at the intersection of Belt Line Road and “Private Street A” can not be supported. During the detail design phase, it is assumed that the placement of these signs will meet the setbacks of the Sign Ordinance, and variations are only being granted to allow for two signs on the lots at the corner of LBJ & Belt Line; LBJ & Point West and Belt Line & Private Street “A”. The second signs on these lots are proposed to be multi-tenant signs. The single tenant monument signs along Belt Line should be limited to 40 square-feet, unless the lot exceeds the 2 acre minimum required for a 60-square-foot sign. Again, external illumination is essential. ITEM #10 PAGE 4 of 5 LANDSCAPE ORDINANCE The next stated purpose of this request is to establish that all landscaping comply with Article 34 of the Coppell Zoning Ordinance, with the exception that the required 10-foot landscape buffer along internal property lines may be waived adjacent to mutual access easements to reduce the amount of concrete drive aisles, improve circulation, and an equivalent amount of landscaped area and trees will be provided interior to the site or along the perimeter of each parcel. Staff supports this concept as long as the required amount of landscaping and trees are provided. ARCHITECTURAL COMPATIBILITY/DETAIL SITE PLAN APPROVAL The final discussion point relates to architectural compatibility of the buildings, the signage and the requirements for detail site plan approval. Staff understands that there are no specific users for any of these pad sites, and that the size and layout of the tracts will most likely be adjusted once users are defined and detail site planning occurs. It must be noted that NONE of the tracts, as shown on the Illustrative Plan are compliant with the Landscape or Sign Ordinances. It is therefore understood that prior to any development on this property this PD will need to be amended to attach detail plans which will include site plans, landscape plans and elevations. It is assumed that at that time, architectural compatibility (Purpose Statement #3) and development in accordance with the Highway Commercial District regulations will be provided. Finally, it is also assumed that the location of the signs will be compliant with the setback regulations of the Sign Ordinance. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-221R3-HC, Duke Lesley Addition subject to: 1. Private Street “A” being revised as follows: a. Widen the paving to allow for a minimum of two-way traffic as well as turning movements. b. Delete all head-in parking onto this drive. c. Realign the first intersection to be a minimum of 150 feet from Belt Line Road. d. Construction of Private Drive “A” being completed from Belt Line Road to Point West Boulevard prior to the issuance of any building permits for vertical construction on the Hotel site or other sites adjacent to this drive. 2. Private Street “B” being revised as follows: a. Head-in parking being deleted. b. The first intersecting driveway being a minimum of 150 feet from Belt Line Road. 3. Mutual Access points being provided to the employment centers (office/industrial areas) to the north. ITEM #10 PAGE 5 of 5 4. The location of all detached signs being in accordance with the Sign Ordinance. 5. All detached signs being externally illuminated. 6. Monument signs along Belt Line being limited to 40 square- feet, unless the lot exceeds the 2 acre minimum required for a 60-square-foot sign. 7. Landscaping for each tract complying with Article 34 of the Coppell Zoning Ordinance, with the exception that the required 10-foot landscape buffer along internal property lines may be waived adjacent to mutual access easements if an equivalent amount of landscaped area and trees are provided interior to the site or along the perimeter of each parcel. 8. Prior to development on any tract, Site Plans (PD Amendments to attach a Detail Plan) shall be submitted to assure architectural compatibility, compliance with the HC District and Landscaping regulations, and proper circulation. 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) Concept Plan 2) Illustrative Plan 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 July 10, 2007 17 ✔ PUBLIC HEARING Consider approval of Case No. PD-222R-LI, Duke Lesley Addition, zoning change from PD-222-LI (Planned Development-222-Light Industrial) to PD-222R-LI (Planned Development-222 Revised-Light Industrial) to attach a Detail Site Plan to allow the construction of a 1,079,475 square-foot office/warehouse building on 48.83 acres of property located west of Belt Line Road and east of Dividend Drive. The following P&Z conditions remain outstanding: 1) One additional 60 square foot monument sign being permitted on the southeast corner of the site. 2) Include a six foot berm on the landscape plan where Eastern Red Cedars are shown. 3) Ensure all landscape islands are 150 square-feet or greater and contain at least one tree. 4) Contact Jeff Curry at (972) 888-1330. On June 21, 2007, the Planning Commission unanimously recommended approval of this zoning change (6-0), subject to the above-stated conditions. Commissioners Frnka, Kittrell, McCaffrey, Haas, Fox, and Reese voted in favor, none opposed. Staff recommends approval. @ 8PD-222R-LI, DL Addn, 1-AR ITEM #11 PAGE 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: PD-222R-LI, Duke Lesley Addition P&Z HEARING DATE: June 21, 2007 C.C. HEARING DATE: July 10, 2007 STAFF REP: Matt Steer, City Planner LOCATION: West of Belt Line Road and east of Dividend Drive SIZE OF AREA: 48.83 acres of property CURRENT ZONING: PD-222-LI (Planned Development-222-Light Industrial) REQUEST: Zoning change request to PD-222R-LI (Planned Development-222 Revised-Light Industrial) to attach a Detail Site Plan to allow the construction of a 1,079,475 square-foot office/warehouse building. APPLICANT: Duke Realty Alex Bennett, P.E. 5495 Beltline Road, Suite 360 Dallas, Texas 75254 (972) 361-6700 Fax: (972) 361-6800 HISTORY: Council approved a zoning change from A (Agriculture) to LI (Light Industrial) zoning on a 112-acre parcel of the Duke Lesley property on December 12, 2006. On April 10, 2007, a rezoning was approved, from LI (Light Industrial) to PD-222-LI (Planned Development-222-Light Industrial) to allow 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 the 112-acre property. A Detail Site Plan and Plat (Lot 2, Block A, Duke Lesley Addition) to allow a 755,394-square-foot office/warehouse building on a 36.2-acre lot of that property was also approved at that time. TRANSPORTATION: Dividend Drive will be a four-lane divided thoroughfare contained within a 90-foot right-of-way and will be located immediately west of this parcel. ITEM #11 PAGE 2 of 3 SURROUNDING LAND USE & ZONING: North – Middle School West, warehousing; C (Commercial) & LI (Light Industrial) South – vacant, being graded; PD-222-LI (Planned Development- 222-Light Industrial) East – office/warehouse; LI (Light Industrial) West – office/warehouse; LI (Light Industrial) COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan shows the property as suitable for light industrial/showroom uses. DISCUSSION: This is a proposal to construct a 1,079,475-square-foot office/warehouse building on 49 acres of property. A portion of the building will be devoted to office use (53,974-square-feet) and a portion to warehouse (1,025,501-square-feet). Planned Development zoning was approved in April, 2007, as mentioned in the HISTORY Section, allowing for one parking space for every 5,000-square-feet of warehouse in place of the normally required one space per each 1,000-square-feet of warehouse space. Standard office use is figured at one parking space for every 300- square-feet of building space. Using these ratios, 205 spaces for the warehouse and 180 for the office, a total of 385 parking spaces would be required. The applicant is providing 457, a surplus of 72 parking spaces; therefore, the specific Planned Development Regulations already established for this site have been met with regards to parking. The site will be served by three ingress/egress points off Dividend, each to have a median opening. The southern access point is shared with the property to the south. Two 60-square-foot monument signs are proposed. Only one is permitted by Ordinance, but two can be included as part of the Planned Development Conditions. Staff views this as a reasonable request for such a large site. Only one of the proposed signs will be visible from Dividend and the other located in the southeast corner of the site will be visible only internal to the overall development. Within the previous request that granted detail site plan approval for the property to the south and conceptual plan approval for the entire 112 acres, concern regarding the type, quantity, and technique used to screen the truck courts from Dividend Drive and the surrounding properties was addressed. A living screen was deemed appropriate in lieu of a screening wall. This landscape plan utilizes the same species of plants previously approved for screening on this property (Eastern Red Cedars to screen the truck courts and Dwarf Burford Hollies to screen the parking areas). Staff recommends planting the Eastern Red Cedars on a three to six-foot berm to give additional height to the screening, as was done in the detail plans for the building to the ITEM #11 PAGE 3 of 3 south. Overall, the landscaping plan meets the minimum tree and area requirements, and this is the only significant change needed. The building elevations are adequate and typical of the type and style Duke has constructed in Coppell in the past and match what was recently approved for the property to the south. The building will have a maximum height of 45 feet. The color board shows the tilt wall to be painted in grays and off-whites, again similar to what has been built by the applicant in the past and what was approved south of this site. There are several reveals in the surface of the walls, but the front elevation lacks the 100-foot articulation required within the “straight” LI zoning. The previously approved building to the south was granted an exception to this requirement and this one is merely a match of what was approved. As a result, staff would not have a strong objection to granting this request the same exception to the articulation requirement. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-122R-LI (Planned Development – 122 Revised – Light Industrial) subject to the following conditions 1) One additional 60 square foot monument sign being permitted on the southeast corner of the site. 2) Include berm on the landscape plan. 3) Ensure all landscape islands are 150 sq. ft. or greater and contain at least one tree. 4) Include paint specifications on the black and white elevations. 5) Indicate sign areas with dashed boxes above the entries on the front elevation. 6) Include “Duke Lesley Addition, Lot 1, Block A” in all title blocks of the plan set. 7) Contact Jeff Curry at 972-888-1330 to discuss electric service requirements. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Site Plan 2) Tree Survey 3) Landscape Plan (3 Pages) 4) Elevations (3 Pages) 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 July 10, 2007 18 ✔ PRESENTATION Consider approval of the Duke Lesley Addition, Lot 1, Block A, Final Plat, to establish a building site, fire lanes and easements to allow the construction of an 1,079,475-square-foot office/warehouse building on 48.83 acres of property located west of Belt Line Road and east of Dividend Drive. The following P&Z condition remains outstanding: 1) Contact Jeff Curry at (972) 888-1330 to discuss electric easement requirements. On June 21, 2007, the Planning Commission unanimously recommended approval of this final plat (6-0), subject to the above-stated conditions. Commissioners Frnka, Kittrell, McCaffrey, Haas, Fox, and Reese voted in favor, none opposed. Staff recommends approval. @ 9DL Addition, L1, BA, FP, 1-AR ITEM #12 PAGE 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Duke Lesley Addition, Lot 1, Block A, Final Plat P&Z HEARING DATE: June 21, 2007 C.C. HEARING DATE: July 10, 2007 STAFF REP: Matt Steer, City Planner LOCATION: West of Belt Line Road and east of Dividend Drive SIZE OF AREA: 48.83 acres of property CURRENT ZONING: PD-222-LI (Planned Development-222-Light Industrial) REQUEST: Final Plat approval to establish a building site, fire lanes and easements to allow the construction of a 1,079,475-square-foot office/warehouse building. APPLICANT: Duke Realty Alex Bennett, P.E. 5495 Beltline Road, Suite 360 Dallas, Texas 75254 (972) 361-6700 Fax: (972) 361-6800 HISTORY: Council approved a zoning change from A (Agriculture) to LI (Light Industrial) zoning on a 112-acre parcel of the Duke Lesley property on December 12, 2006. On April 10, 2007, a rezoning was approved, from LI (Light Industrial) to PD-222-LI (Planned Development-222-Light Industrial) to allow 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 the 112-acre property. A Detail Site Plan and Plat (Lot 2, Block A, Duke Lesley Addition) to allow a 755,394-square-foot office/warehouse building on a 36.2-acre lot of that property was also approved at that time. TRANSPORTATION: Dividend Drive will be a four-lane divided thoroughfare contained within a 90-foot right-of-way and will be located immediately west of this parcel. ITEM #12 PAGE 2 of 2 SURROUNDING LAND USE & ZONING: North – Middle School West, warehousing; C (Commercial) & LI (Light Industrial) South – vacant, being graded for office/warehouse; PD-222-LI (Planned Development-222-Light Industrial) East – office/warehouse; LI (Light Industrial) West – office/warehouse; LI (Light Industrial) COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan shows the property as suitable for light industrial/showroom uses. DISCUSSION: This is the companion platting request to create a legal building site for the 1,079,475-square-foot office/warehouse building discussed in the zone change request PD-222R-LI. There are no major outstanding issues, and this plat is supported by staff. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this Final Plat, subject to the following conditions being met: 1) Contact Jeff Curry at 972-888-1330 to discuss electric easement requirements. 2) Show existing waterline on school district property on the north side. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Final Plat (2 Pages) 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 July 10, 2007 19 ✔ PRESENTATION Consider approval of the Bethel Business Park, Lot 1, Block A, Site Plan, to allow the development of two office warehouse buildings, Building A containing 80,000-square-feet and Building B containing 82,650-square-feet on 10.675 acres of property located along the north side of Bethel Road, east of the proposed extension of Creekview Road. The following P&Z conditions remain outstanding: 1) Work with staff to indicate sidewalks internal to site, adjacent to each building. 2) A Tree Removal Permit is required prior to start of construction/dirt work. 3) Show stamped concrete on driveway entrances along Creekview Road. On June 21, 2007, the Planning Commission unanimously recommended approval of this site plan (6-0), subject to the above-stated conditions. Commissioners Frnka, Kittrell, McCaffrey, Haas, Fox, and Reese voted in favor, none opposed. Staff recommends approval. @10Bethel BP, L1, BA, SP, 1-AR ITEM #13 PAGE 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Bethel Business Park, Lot 1, Block A, Site Plan P&Z HEARING DATE: June 21, 2007 C.C. HEARING DATE: July 10, 2007 STAFF REP: Matt Steer, City Planner LOCATION: Along the north side of Bethel Road, east of the proposed extension of Creekview Road. SIZE OF AREA: 10.675 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: Site Plan approval to allow the development of two office/warehouse buildings, Building A containing 80,000-square- feet and Building B containing 82,650-square-feet. APPLICANT: Applicant: Engineer: Pritchard Associates, Inc. Goodwin and Marshall, Inc. Jim Pritchard Matt Goodwin 2500 Routh Street 2405 Mustang Drive Dallas, TX 75201 Grapevine, TX 76051 214-849-0022 817-329-4373 Fax: 214-849-0024 Fax: 817-329-4453 HISTORY: There has been no development activity on the subject tract. TRANSPORTATION: Bethel Road is a two-lane asphalt street proposed to be a C4D, four-lane-divided thoroughfare in 90 feet of right-of-way currently under construction. Creekview Drive is a C2U two-lane undivided collector proposed to be extended south along the western boundary of this project. Right-of-way will be dedicated with this proposal and a timeline for design and construction has yet to be determined. SURROUNDING LAND USE & ZONING: North – Office/Warehouse; PD-191-LI (Planned Development-191- Light Industrial) South – Vacant DFW Airport property; LI (Light Industrial) East – Office/Warehouse; LI (Light Industrial) West – Vacant Fellowship Church property; LI (Light Industrial) ITEM #13 PAGE 2 of 3 COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable for light industrial/showroom uses. DISCUSSION: The proposed 10.7-acre site, located on the north side of Bethel Road approximately 600 feet away from the western City Limit line, needs to be treated with care, as this is considered a secondary image zone & entry point into Coppell. Site Plan: There are two buildings planned, Building ‘A’ - 80,000 square-feet and Building ‘B’ - 82,650 square-feet, both to be setback approximately 100 feet from the Bethel Road right-of-way and 80 feet from the proposed Creekview Drive right-of-way. There are two access points off both Bethel Road and the proposed Creekview Drive. The first, or southernmost, drive off Creekview is designed for passenger traffic and the second, or northernmost drive, is for truck traffic. Both drives on Bethel will be designed for truck traffic, but only the drive between the buildings will have a median opening. There are 253 parking spaces depicted on the site plan, allowing for 24% of the building area to be devoted to office space (one parking space per 300 square-feet of building) and 76% warehouse space (one parking space per 1,000 square- feet of building). There is a 120-foot wide truck court area on the rear of the buildings. This will be screened from Bethel Road by the proposed buildings and from Creekview Drive with a 10’ wall, measured from the finished floor elevation. The only major concern with the site plan is the lack of on-site sidewalks. There only appears to be sidewalks at each entry point; none elsewhere. Staff recommends adding sidewalks along the front and sides of each building, providing a place for people to walk rather than through the grass or within the drive aisles. This is listed as a condition of approval. Landscape Plan/Tree Survey: The Streetscape Plan within the Subdivision Ordinance calls for evergreen trees, accent trees and shrubs along industrial property to provide screening as well as beauty from the right-of-way. The applicant is meeting this requirement with the Lacebark Elms, Crape Myrtles and a Burford Holly hedge. There are a few Shumard Red Oaks (although not evergreen) mixed in, and staff believes these will compliment the foliage along the frontage and feel that adequate screening of the parking area and truck courts has been addressed. In total, there are 124 overstory trees and 79 accent trees proposed. The overstory trees are proposed to be 4” cal., one inch above the required size at time of planting, to provide some relief to the tree retribution fees, leaving a total of $27,900 required to be paid at time of permitting. Overall, the landscaping plan meets our requirements in both the area devoted to landscaping, screening and tree count. ITEM #13 PAGE 3 of 3 Architecture: The two proposed buildings will be one-story, 35 feet in height. The primary building material is tilt wall with stone at the entries. There are three paint colors - two shades of taupe, the lighter to be the primary color of the building and darker to be used between the articulation and above the stone entries. A beige band is shown horizontally around the top of the main sections and vertically to frame each section. The architecture of each building is well thought out and the expanse of each building is broken up with the use of horizontal and vertical reveals, windows, materials, colors and most importantly the articulation. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the Site Plan for Bethel Business Park Lot 1, Block A, subject to the following conditions: 1) Add sidewalks adjacent to each building. 2) A Tree Removal Permit is required prior to start of construction/dirt work. 3) Indicate location of FDC for building B. 4) Move proposed screening wall to edge of truck court to allow room for the Eastern Red Cedars to be planted in front of it. 5) Change the floor area ratio in the Site Data Table to read “.35: 1”. 6) Depict existing waterline along Bethel Rd as 16", not 12". 7) Coordinate median opening with the Bethel Rd project. 8) Show stamped concrete on driveway entrances. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Site Plan 2) Tree Survey 3) Landscape Plan 4) Elevations (2 pages) 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 July 10, 2007 20 ✔ PRESENTATION Consider approval of the Bethel Business Park Lot 1, Block A, Minor Plat, to establish a building site, various easements and fire lane to allow for the development of two office warehouse buildings, containing 80,000-square-feet and Building B containing 82,650 square feet on 11.706 acres of property located along the north side of Bethel Road, east of the proposed extension of Creekview Road. The following P&Z condition remains outstanding: Contact Jeff Curry at (972) 888-1330 to discuss electric easement requirements. On June 21, 2007, the Planning Commission unanimously recommended approval of this minor plat (6-0), subject to the above-stated condition. Commissioners Frnka, Kittrell, McCaffrey, Haas, Fox, and Reese voted in favor, none opposed. Staff recommends approval. @11Bethel BP, L1, BA, MP, 1-AR ITEM #14 PAGE 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Bethel Business Park Lot 1, Block A, Minor Plat P&Z HEARING DATE: June 21, 2007 C.C. HEARING DATE: July 10, 2007 STAFF REP: Matt Steer, City Planner LOCATION: Along the north side of Bethel Road, east of the proposed extension of Creekview Road. SIZE OF AREA: 11.706 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: Minor Plat approval to establish a building site, various easements and fire lane to allow for the development of two office warehouse buildings, Building A containing 80,000-square-feet and Building B containing 82,650-square-feet. APPLICANT: Applicant: Engineer: Pritchard Associates, Inc. Goodwin and Marshall, Inc. Jim Pritchard Matt Goodwin 2500 Routh Street 2405 Mustang Drive Dallas, TX 75201 Grapevine, TX 76051 214-849-0022 817-329-4373 Fax: 214-849-0024 Fax: 817-329-4453 HISTORY: There has been no development activity on the subject tract. TRANSPORTATION: Bethel Road is a two-lane asphalt street proposed to be a C4D, four-lane-divided thoroughfare in 90-feet of right-of-way currently under construction. Creekview Drive is a C2U two-lane undivided collector proposed to be extended south along the western boundary of this project. Right-of-way will be dedicated with this proposal and a timeline for design and construction has yet to be determined. SURROUNDING LAND USE & ZONING: North – Office/Warehouse; PD-191-LI (Planned Development-191- Light Industrial) South – Vacant DFW Airport property; LI (Light Industrial) East – Office/Warehouse; LI (Light Industrial) West – Vacant Fellowship Church property; LI (Light Industrial) ITEM #14 PAGE 2 of 2 COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable for light industrial/showroom uses. DISCUSSION: This is a companion piece to the zoning change request located on the north side of Bethel Road, approximately 600-feet east of the city limits. The applicant is requesting to plat this property as one lot to accommodate two office/warehouse buildings, each approximately 80,000-square-feet in size. On the west boundary of the property, 5,781-square-feet of right-of-way is being dedicated for the extension of Creekview Drive. All the necessary easements to serve these two buildings are shown, and staff can support this request. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the Minor Plat for Bethel Business Park Lot 1, Block A, subject to the following conditions: 1) Contact Jeff Curry at 972-888-1330 to discuss electric easement requirements. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Minor Plat (2 pages) 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 July 10, 2007 21 ✔ PUBLIC HEARING Consider approval of the Braewood North (The Gables), Lot 1, Block A, Site Plan, to amend the land use designation on the Comprehensive Land Use Plan from Residential Medium Density to Neighborhood Retail and to allow the development of a two-story office/retail building containing 11,000-square-feet on 41,084-square-feet of property located along the south side of Sandy Lake Road, approximately 154 feet west of Heather Glen Drive. The following P&Z conditions remain outstanding: 1) Alter the Comprehensive Plan to reflect office/retail here. 2) Indicate fire hydrant and FDC location. 3) Trees 93, 94, 101, 105 and 108 are shown to be saved. Being Post Oaks, their survival is questioned, and they should be mitigated now. 4) Tree mitigation fees of $11,000 are required to be put into escrow for a period of three years starting from the date of building permit issuance. On June 21, 2007, the Planning Commission unanimously recommended approval of this site plan (6-0), subject to the above-stated conditions. Commissioners Frnka, Kittrell, McCaffrey, Haas, Fox, and Reese voted in favor, none opposed. Staff recommends approval. @12BN (The Gables), L1, BA, SP, 1-AR ITEM #15 PAGE 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Braewood North (The Gables), Lot 1, Block A, Site Plan P&Z HEARING DATE: June 21, 2007 C.C. HEARING DATE: July 10, 2007 STAFF REP: Gary L. Sieb, Director of Planning LOCATION: Along the south side of Sandy Lake Road, approximately 154-feet west of Heather Glen Drive. SIZE OF AREA: 41,084-square-feet of property CURRENT ZONING: C (Commercial) REQUEST: Site Plan approval to allow the development of a two-story office/retail building containing 11,000-square-feet. APPLICANT: 3B Developers Architect: Plan Solutions Peter Buell Bob Anderson 3308 Shorecrest 393 Las Colinas Blvd. Dallas, TX. Suite 169 (214) 593-0030 Irving, TX. 75039 Fax: (214) 593-8223 (972) 373-9999 Fax: (972) 373-9001 HISTORY: There has been no recent development history on the subject property. TRANSPORTATION: Sandy Lake Road is a C4D, four-lane divided concrete thoroughfare built to standard in a variable width row. SURROUNDING LAND USE & ZONING: North – grocery store and residential; “TC” Town Center and “PD- 116-SF-7” South – single family residences; SF-7 East – single family residences; SF-7 West – shopping center; “PD-209-C” ITEM #15 PAGE 2 of 2 COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable for residential, medium density. DISCUSSION: Although the Comprehensive Master Plan of 1996 recommended a residential use for this parcel, closer examination leads staff to support this request for office/retail development. Because the site is adjacent to an existing shopping center, the office use provides a buffer to the residential development to the west. In addition, the applicant has tried to design his project in such a way that the majority of trees on the site are preserved, and will construct a six-foot tall masonry wall around the project. The fact that a residential use would have to front on this busy roadway (rather than siding to it) makes a residential development much less desirable here. In addition, the building has been designed to project a garden-type office which fits into the buffering concept, furthering our belief that this vacant parcel is well suited to the proposed use. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request with the following conditions 1. Alter the Comprehensive Plan to reflect office/retail here. 2. Indicate fire hydrant and FDC location. 3. Trees 92-94, and 101, 105, 108 are shown to be saved. 4. Being Post Oaks, their survival is questioned, and they should be mitigated now. 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 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 July 10, 2007 22 ✔ PRESENTATION Consider approval of the Braewood North (The Gables) Lot 1, Block A, Minor Plat, to establish a building site, fire lanes and easements to allow the development of a two-story office/retail building containing 11,000-square-feet on 41,084-square-feet of property located on the south side of Sandy Lake Road, approximately 154 feet west of Heather Glen Drive. The following P&Z condition remains outstanding: 1) Please contact Larry Redick at (972) 323-8917 for electric utility needs. On June 12, 2007, the Planning Commission unanimously recommended approval of the minor plat (6-0), subject to the above-stated condition. Commissioners Frnka, Kittrell, McCaffrey, Haas, Fox and Reese voted in favor, none opposed. Staff recommends approval. @13BN (The Gables), L1, BA, MP, 1-AR ITEM #16 PAGE 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Braewood North (The Gables) Lot 1, Block A, Minor Plat P&Z HEARING DATE: June 21, 2007 C.C. HEARING DATE: July 10, 2007 STAFF REP: Gary L. Sieb, Director of Planning LOCATION: Along the south side of Sandy Lake Road, approximately 154-feet west of Heather Glen Drive. SIZE OF AREA: 41,084-square-feet of property CURRENT ZONING: C (Commercial) REQUEST: Minor Plat approval to establish a building site, fire lanes and easements to allow the development of a two-story office/retail building containing 11,000-square-feet. APPLICANT: 3B Developers Architect: Plan Solutions Peter Buell Bob Anderson 3308 Shorecrest 393 E. Las Colinas Blvd. Dallas, TX. Suite 169 (214) 593-0030 Irving, TX. 75039 Fax: (214) 593-8223 (972) 373-9999 Fax: (972) 373-9001 HISTORY: There has been no recent development history on the subject property. TRANSPORTATION: Sandy Lake Road is a C4D, four-lane divided concrete thoroughfare built to standard in a variable width row. SURROUNDING LAND USE & ZONING: North – grocery store and residential; “TC” Town Center and “PD- 116-SF-7” South – single family residences; SF-7 East – single family residences; SF-7 West – shopping center; “PD-209-C” ITEM #16 PAGE 2 of 2 COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable for residential, medium density. DISCUSSION: This is the companion piece to the zoning request just heard. This is a pretty straight-forward case and staff can support this proposed minor plat provided all conditions for approval of the zoning case are made. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following conditions 1) Please contact Larry Redick at (972) 323-8917 for electric utility needs. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Minor Plat Document 2) Departmental comments (?) 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 July 10, 2007 23 ✔ PRESENTATION Consider approval of the Kimbel Addition, Lots 8R, 9R, 10R, 12R and 14R, Replat, being a replat of Lots 7-14 of the Kimbel Addition, to establish fire lanes and easements to allow for redevelopment of the 2.9 acres of property located at the northeast corner of Sandy Lake Road and MacArthur Boulevard. The following P&Z condition remains outstanding: 1) Drainage will be evaluated further during Engineering plan review. On June 21, 2007, the Planning Commission unanimously recommended approval of this replat (6-0), subject to the above-stated condition. Commissioners Frnka, Kittrell, McCaffrey, Haas, Fox, and Reese voted in favor, none opposed. Staff recommends approval. @14KA, Lts 8R, 9R, 10R, & 14R, RP, 1-AR ITEM #17 PAGE 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: Kimbel Addition, Lots 8R, 9R, 10R, 12R and 14R, Replat P&Z HEARING DATE: June 21, 2007 C.C. HEARING DATE: July 10, 2007 STAFF REP: Marcie Diamond, Assistant Director of Planning LOCATION: Northeast corner of Sandy Lake Road & MacArthur Blvd. SIZE OF AREA: 2.9 acres of property CURRENT ZONING: C (Commercial) REQUEST: Replat approval to establish a building site, fire lanes and easements to allow for new retail development of this property. APPLICANT: Alen Hinckley Yorkshire West Realty Advisors, LP. Inc. 12201 Merit Drive, Suite 170 Dallas, TX 75251 (972) 720-9300 FAX: (972) 991-7500 Engineer: Michael Doggett Winkelmann & Associates, Inc 6750 Hillcrest Plaza Drive, Ste. 100 Dallas, Texas 75230 (972) 490-7090 FAX: (972) 490-7099 HISTORY: The original plat for the Kimbel Addition was approved in 1977. In 1992 the northern portion of the original plat was replatted to allow for the extension of Village Parkway and the construction of Lakeside Elementary School. Where Lakewood Estates subdivision exists, the eastern portion was vacated. On April 19, 2007 the Planning and Zoning Commission denied the proposed rezoning and the replat for this property. On May 22, 2007 Council overruled the recommendation of the Planning and Zoning Commission and approved PD-223-C; therefore, this replat was required to be resubmitted. ITEM #17 PAGE 2 of 2 TRANSPORTATION: MacArthur Blvd. and Sandy Lake Road are six-lane divided thoroughfares, which are built to standard. SURROUNDING LAND USE & ZONING: North -- vacant land and Lakeside Elementary School; MF-2 (Multifamily-2) South - Universal Academy and vacant retail; PD-97-R (Planned Development 97-Retail) East - Landscape nursery and City water facility; R (Retail) and MF- 2 (Multifamily-2) West - Kroger; C (Commercial) COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan shows the property as suitable for Neighborhood Retail uses. DISCUSSION: The purpose of this replat is to reconfigure the eight existing rectangular lots into five irregularly-shaped lots in various sizes to accommodate this development. It appears that there will still be five owners after development; hence, the number of individual lots. Given that this is the second time though the process, all the technical issues have been resolved and the PD Zoning has been established to allow for the variances needed for this development to occur. Staff is no longer recommending denial. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Kimbel Addition, Lots 8R, 9R, 10R, 12R and 14R, Replat subject to the following condition: 1) Drainage will be evaluated further during Engineering plan review. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Replat 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 July 10, 2007 24 ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-223-C and S-1114-C, Kimbel Addition, zoning change 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 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, and authorizing the Mayor to sign. On April 19, 2007, the Planning Commission voted for denial of this zoning change request (7-0) based on building setbacks, landscaping, monument signs, attached signage and overall aesthetics of this development. On May 22, 2007, Council approved this zoning change (6-1). Council Member Tunnell voted against. Staff recommends APPROVAL. @PD-223C&1114C KA ORD 1-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM C (COMMERCIAL), 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 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 AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN, LANDSCAPE PLAN, ELEVATIONS, AND SIGN PLANS, 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-223-C and S-1114-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), 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 provide for the development regulations for landscaped areas, required setbacks, signage, sizes and locations on 2.9 acres of property located at the northeast corner of Sandy Lake Road and MacArthur Boulevard and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes as depicted on the site plan. SECTION 2. This Planned Development shall be developed and used only in accordance with the detail site plan, landscape plan, elevations and sign plan and the development standards as follows: A. All buildings within this PD shall be constructed in accordance with the masonry requirements of the C (Commercial) district regulations, except that the existing structure on Lot 12R, shall be permitted to have over 20% non-masonry materials (E.F.I.S.) as indicated on Exhibit D, and attached to and made part of this ordinance. B. Detail Site Plan approval (PD amendment) of the elevations and signage shall be required prior to the construction of the bank facility on Lot 8R. C. The requirements under Chapter 12, Zoning of the Coppell Code of Ordinances, shall apply except as amended herein. TM 18001.2.00 2 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 the special conditions as indicated on the detail site plan, landscape plan, elevations and sign plan attached hereto as Exhibits “B, C, D and E”, respectively, and made a part hereof for all purposes, which are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 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 TM 18001.2.00 3 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 7/2/07) TM 18001.2.00 4 SIGN(S) TO BE MANUFACTUREDTO U.L. SPECIFICATIONS, ANDWILL BEAR THE U.L. LABEL(S).INSTALL IN ACCORDANCE WITHNATIONAL ELECTRICAL CODES.FINAL ELECTRICALCONNECTIONBY CUSTOMERClientSalesEstimatingArtEngineeringLandlordApproval / DateSheet ofAccountRep.DesignerDateDesign #ClientAddressThis drawing is the property of Chandler Signs,L.P.and all rights to its use for reproduction arereserved by Chandler Signs,L.P.3201 Manor Way Dallas,TX 75235214-902-2000 Fax 214-902-204412106 Valliant SanAntonio,TX 78216210-349-3804 Fax 210-349-87242420 Vista Way Ste. 200Oceanside, CA 92054760-967-7003 Fax 760-967-7033750 E. Hwy. 24 - Bldg. 2 Ste. 200Woodland Park, CO 80863719-687-2507 Fax 719-687-2506ChandlerSignsP.O. Box 43123 Louisville, KY 40253502-489-3660 Fax 502-254-3843Revision / Datewww.chandlersigns.comWLF / DHR2/MRG/2-15-07/updatesite planR3/MRG/2-23-07/chg copyon mon A2a & A2dR1/MRG/2-10-07/chg mon.signs/update to new stdsR4/MRG/3-12-07/chgelevattions/chg "B1" &ancillary sz06-1330r7R5/MRG/4-11-07/add sq ftgto elevations/reduce cab sizeof monumentsR6/MRG/5-1-07/redesignmonumentsR7/MRG/5-1-07/rearangecover pageCVS/pharmacy #75342NEC SANDY LAKE & McARTHUR BLVDCOPPELL, TX5/31/061 11FREESTANDING SIGNSSITE MAPTJVNOTE:COLORS AND FINISHES TO MATCH BUILDING -EXTERNAL ILLUMINATIONR4/MRG/3-12-07/chgelevattions/chg "B1" &ancillary szA2aA 2 a A2bA2bBANKSIGNAGE HEREPAPA JOHN'S PIZZATENANT 2TENANT 15'-0 "5'-0 "6"6"2"2"2"2"3'-6"3'-6"8'-0 "8'-0 "6'-0 "6'-0 "A2cA2cA2dA2dTENANTTENANT5'-0 "5'-0 "6"6"2"2"2"2"3'-6"3'-6"8'-0 "8'-0 "6'-0 "6'-0 "NSEW AGENDA REQUEST FORM DATE: July 10, 2007 ITEM #: 25 MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding July 4th Celebration. B. Report by Mayor Stover regarding Copperhead Baseball. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE:July 10, 2007 ITEM #: 26 NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork AGENDA REQUEST FORM DATE: July 10, 2007 ITEM #: 27 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: July 10, 2007 Department Submissions: Item Nos. 8/C, 8/D, 8/E, 8/F, 8/G, 8/H, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 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)