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CP 2007-08-14 NOTICE OF CITY COUNCIL MEETING AND AGENDA AUGUST 14, 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, August 14, 2007, at 5:30 p.m. for Wrok 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. ag081407 Page 1 of 8 ITEM # ITEM DESCRIPTION WORK SESSION (Open to the Public) 2. Convene Work Session A. Address issues regarding S.H. 121 Bypass. B. Presentation regarding Municipal Cemetery. C. Discuss ½ Cent Sales Tax, Crime District and Street Maintenance. D. 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. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road. Adjourn Executive Session. PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. 7. Citizens' Appearances. ag081407 Page 2 of 8 ITEM # ITEM DESCRIPTION CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: July 24, 2007 July 28, 2007 July 31, 2007. B. Consider approval of an Ordinance for Text amendments to Chapter 12, Zoning, of the Code of Ordinances amending Article 29, Sign Regulations, to delete all references to temporary off- and on-premise signage, and authorizing the Mayor to sign. C. Consider approval of entering into a Professional Services Agreement with Larry O. Hulsey & Company to provide application review, inspections during construction and drilling and annual inspections during the operation of oil and gas drilling in the City of Coppell, and consulting on Ordinance revisions as necessary; and authorizing the City Manager to sign. D. Consider approval of an Ordinance for Case No. PD-214R2-SF-9 and C, Arbor Manors, zoning change from C (Commercial), R (Retail) and SF-9 (Single Family–9) to PD-214R2-SF-9 and C (Planned Development-214 Revision - 2 Single-Family-9 and Commercial), with a Concept Site Plan to allow the development of 73 single- family homes on approximately 24 acres and commercial uses on approximately five acres of property located south of Sandy Lake Road; west of Denton Tap Road, and authorizing the Mayor to sign. E. Consider approval of an Ordinance for 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, and authorizing the Mayor to sign. F. Consider approval of an Ordinance for 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 ag081407 Page 3 of 8 ITEM # ITEM DESCRIPTION property located at the northwest corner of Belt Line Road and IH 635, and authorizing the Mayor to sign. G. Consider approval of an Ordinance for 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, and authorizing the Mayor to sign. H. Consider approval of an Ordinance for 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, and authorizing the Mayor to sign. I. Consider approval of an Ordinance for Case No. S-1108R3-A, T- Mobile, zoning change from S-1108-A (Special Use Permit-1108- Agriculture) to S-1108R3-A (Special Use Permit-1108 Revision 3- Agriculture), to allow for a wireless communication antenna to be mounted to an existing electric transmission tower, with an accessory cabinet at the base of the tower, located approximately 1,000-feet southwest of the intersection of MacArthur Boulevard and the transmission line easement; north of Belt Line Road, and authorizing the Mayor to sign. J. Consider approval of an emergency bid from Craig Olden, Inc. for the installation of erosion control measures at Andrew Brown Park East, in the amount of $86,400.00, and authorizing the City Manager to sign. END OF CONSENT 9. PUBLIC HEARING: To receive public comment concerning the proposed 2007-2008 tax rate of 0.64146. ag081407 Page 4 of 8 ITEM # ITEM DESCRIPTION 10. PUBLIC HEARING: Consider approval of the North Lake College, North Campus Addition, Minor Plat and Replat, being a replat of Lot 2, Block 2 of the Freeport North Addition, containing approximately 1.9 acres and a minor plat of 33.9 acres to establish a building site, fire lane and easements to allow the development of a 37,000-square-foot college and ancillary uses on approximately 10 acres of this 35.8 acres of property at the southeast corner of S.H. 121 and W. Sandy Lake Road. 11. PUBLIC HEARING: Consider approval of Case No. PD-229-LI Minyard Addition (KTR Capital), zoning change from LI (Light Industrial) to PD-229-LI (Planned Development-229-Light Industrial) to allow the retention and expansion of the existing office/warehouse and office buildings and to allow the construction of four office/warehouse buildings, totaling approximately 503,250-square-feet on 79.53 acres of property, located at the southwest corner of Freeport Parkway and Bethel Road. 12. PUBLIC HEARING: Consider approval of the Minyard Addition (KTR Capital) Lots 1R, 2R, 3R and 4R, Block 1, Replat, being a replat of Lots 1 and 2, Block 1, of the Minyard Addition, to establish building sites, fire lanes and easements to allow the retention and expansion of the existing office/warehouse and office buildings and to allow the construction of four office/warehouse buildings on 79.53 acres of property located at the southwest corner of Freeport Parkway and Bethel Road. 13. PUBLIC HEARING: Consider approval of Case No. PD-228-HC, Vista Ridge Retail, zoning change from HC (Highway Commercial) to PD-228-HC (Planned Development-228-Highway Commercial) to establish a Concept Plan for retail and restaurant uses on 14.8 acres of property, and to attach a Detail Site Plan to allow the development of a grocery store with restaurant, convenience store with fuel sales & drive-through and retail uses on approximately 11 acres of property, located at the northeast corner of S.H. 121 and Denton Tap Road. 14. PUBLIC HEARING: Consider approval of the Vista Ridge Retail, Lots 1AR-7, Block A, Replat, being a replat of Lot 1A, Block D, Vista Ridge Addition, to establish fire lanes, access and utility easements to allow the development of retail and restaurant uses on 14.8 acres of property, located at the northeast corner of S.H. 121 and Denton Tap Road. ag081407 Page 5 of 8 ITEM # ITEM DESCRIPTION 15. PUBLIC HEARING: Consider approval of Case No. PD-108R8-H, The Village at Old Coppell, zoning change from H (Historic), PD-108-H (Planned Development-108- Historic) and PD-108R5-H (Planned Development-108-Revised-5-Historic) to PD-108R8-H (Planned Development-108-Revised-8-Historic) to attach a concept plan for seven lots on approximately 10.4 acres and a detail plan for two 21,050-square- foot two-story retail/hotel buildings on two 1.15 acre lots, a 25,141-square-foot two-story event/conference center on a 2.8 acre lot, and a 7,812-square-foot pet bed/breakfast on a 1.04 acre lot, located along the east side of Coppell Road, approximately 250 feet south of Bethel Road. 16. Consider approval of The Village at Old Coppell, Preliminary Plat, to allow the development of a seven lot, 10.4 acre development, located along the east side of Coppell Road, approximately 250 feet south of Bethel Road. 17. Consider approval of an Ordinance for 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, and authorizing the Mayor to sign. 18. Consider approval of an ordinance of the City of Coppell, Texas, amending the Code of Ordinances by amending Chapter 9, Article 9-1, regarding Animal Services Advisory and Appeals Board, animal impounds and dangerous dog requirements; and authorizing the Mayor to sign. 19. Consider approval of a City of Coppell Public Safety Radio System 800 MHz Trunked Analog Simulcast System upgrade at an approximate cost of $544,752.00; and authorizing the City Manager to sign. 20. Consider approval of a resolution of the City Council of the city of Coppell, Texas, creating a crime control and prevention district within the corporate limits of the city of Coppell, Texas; providing for the appointment of a temporary board of directors; for calling of meetings to determine the feasibility and approving a proposed budget and crime control plan; providing for the board to consider an order calling an ag081407 Page 6 of 8 ITEM # ITEM DESCRIPTION election to impose one-fourth (1/4) of one percent sales and use tax to finance such district; and authorizing the Mayor to sign. 21. Mayor and Council Reports. A. Report by Mayor Stover regarding Coppell Copperheads update. B. Report by Mayor Stover regarding National Night Out. C. Report by Mayor Stover regarding New Teachers’ Breakfast. D. Report by Mayor Stover regarding Chamber Scholarship. 22. Necessary action resulting from Work Session. 23. Necessary action resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 10th day of August, 2007, at __________________. ____________________________________ Libby Ball, City Secretary DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. ag081407 Page 7 of 8 PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). ag081407 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: August 14, 2007 ITEM #: WS-2 WORK SESSION A. Address issues regarding S.H. 121 Bypass. B. Presentation regarding Municipal Cemetery C. Discuss ½ Cent Sales Tax, Crime District and Street Maintenance. D. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 Document Name: %wksessn AGENDA REQUEST FORM DATE: August 14, 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. 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: August 14, 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 August 14, 2007 8/A ✔ PROCEDURAL Consider approval of minutes: July 24, 2007 July 26, 2007 July 31, 2007. Minutes of the City Council meetings held on July 24, July 26 and July 31, 2007. Staff recommends approval. %minutes MINUTES OF JULY 24, 2007 The City Council of the City of Coppell met in Regular Called Session on Tuesday, July 24, 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 Brianna Hinojosa-Flores, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Marsha Tunnell, Councilmember Marvin Franklin, Councilmember Bill York, Councilmember (early departure) Councilmember Faught 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. WORK SESSION (Open to the Public) 2. Convene Work Session A. Discussion regarding Coppell Baseball Association. B. Discussion regarding Fall Special Event Theme. C. Review of International Code Adoptions. D. Discussion regarding 2030 Process. E. 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 cm072407 Page 1 of 11 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. Executive Session was held at the end of the Regular Session. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Councilmember Franklin led those present in the Invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Consider approval of a proclamation proclaiming "National Night Out" on Tuesday, August 7, 2007, and providing City Council Support and endorsement of National Night Out festivities and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Officer R. J. Harr, McGruff and The Knight. cm072407 Page 2 of 11 Action: Councilmember Peters moved to approve a proclamation proclaiming "National Night Out" on Tuesday, August 7, 2007, and providing City Council Support and endorsement of National Night Out festivities and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 8. Report by Coppell Economic Development Committee. Presentation: Bill Rohloff, Chairman of the Economic Development Committee, made the Committee’ s semi-annual report to the Board. 9. Citizens' Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: July 10, 2007. B. Consider approval of the written Debt Policy of the City of Coppell. C. Consider approval of an Ordinance to adopt the 2005 Edition of the National Electrical Code, as amended, providing an effective date, and authorizing the Mayor to sign. cm072407 Page 3 of 11 D. Consider approval of an Ordinance to adopt the 2006 Edition of the International Building Code, as amended, providing an effective date, and authorizing the Mayor to sign. E. Consider approval of an Ordinance to adopt the 2006 Edition of the International Energy Conservation Code, as amended, providing an effective date, and authorizing the Mayor to sign. F. Consider approval of an Ordinance to adopt the 2006 Edition of the International Fire Code, as amended, providing an effective date, and authorizing the Mayor to sign. G. Consider approval of an Ordinance to adopt the 2006 Edition of the International Fuel Gas Code, as amended, providing an effective date, and authorizing the Mayor to sign. H. Consider approval of an Ordinance to adopt the 2006 Edition of the International Mechanical Code, as amended, providing an effective date, and authorizing the Mayor to sign. I. Consider approval of an Ordinance to adopt the 2006 Edition of the International Plumbing Code, as amended, providing an effective date, and authorizing the Mayor to sign. J. Consider approval of an Ordinance to adopt the 2006 Edition of the International Property Maintenance Code, as amended, providing an effective date, and authorizing the Mayor to sign. K. Consider approval of an Ordinance to adopt the 2006 Edition of the International Residential Building Code, as amended, providing an effective date, and authorizing the Mayor to sign. Presentation: Kevin Richardson, Fire Chief, Greg Jones, Chief Building Official, and Mark LeGros, Chairman of the Building & Standards Commission, made a presentation regarding Items C through K. cm072407 Page 4 of 11 Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C carrying Ordinance No. 91500-A-1166, D carrying Ordinance No. 91500-A-1167, E carrying Ordinance No. 91500-A-1168, F carrying Ordinance No. 91500-A-1169, G carrying Ordinance No. 91500-A-1170, H carrying Ordinance No. 91500-A-1171, I carrying Ordinance No. 91500-A-1172, J carrying Ordinance No. 91500-A-1173 and K carry ing Ordinance No. 91500-A-1174. Mayor Pro Tem Hinojosa-Flores seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 11. Consider approval of a Resolution directing publication of notice of intention to issue Certificates of Obligations, Series 2007 in the amount of $9,100,000.00 for the purpose of paying, in whole or in part, contractual obligations for (a) constructing and improving City Sidewalks; (b) constructing an addition to City Fire Station No. 1; (c) constructing and improving City streets; and (d) constructing and improving the City cemetery including cemetery building and site work, and for paying legal, fiscal, and engineering fees in connection with such projects and related bond issuance cost, and authoriz ing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Councilmember Tunnell moved to approve Resolution No. 2007-0724.1 directing publication of notice of intention to issue Certificates of Obligations, Series 2007 in the amount of $9,100,000.00 for the purpose of paying, in whole or in part, contractual obligations for (a) co nstructing and improving City Sidewalks; (b) constructing an addition to City Fire Station No. 1; (c) constructing and improving City streets; and (d) constructing and improving the City cemetery including cemetery building and site work, and for paying legal, fiscal, and engineering fees in connection with such projects and related bond issuance cost, and authorizing the Mayor cm072407 Page 5 of 11 to sign. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 12. Consider approval of a revision to our ordinance regarding red light cameras in order to comply with the changes to State law, and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Mayor Pro Tem Hinojosa-Flores moved to approve Ordinance No. 2007-1175 amending Article 8-8, Section 8-8-2, Subsection C, regarding the maximum civil penalty for the civil infraction for an automated red light enforcement violation; by amending Section 8-8-4, Subsection A, to add a provision for the hearing officer to be able to administer oaths and issue orders; by amending Section 8-8-6 regarding the use of civil penalty funds for such violation; by adding a ne Section 8-8-7 providing for the use of photographic traffic signal enforcement images; and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 13. Consider approval of an ordinance of the City of Coppell, Texas, amending the Code of Ordinances by amending Chapter 9, Article 9- 1, regarding Animal Services Advisory and Appeal Board, animal impounds and dangerous dog requirements; and authorizing the Mayor to sign. Mayor Stover advised that this item was being postponed until August 13, 2007. cm072407 Page 6 of 11 14. Consider approval of an Interlocal Agreement with Dallas County to overlay the asphalt paving of the following streets: Loch Lane, Howell Street, Bullock Street, Carter Drive, Christi Lane, Shadydale Lane, Willow Lane, Oak Trail, Shady Oaks Lane, Cottonwood Drive and Oak Grove Lane; with Dallas County furnishing labor, materials and equipment to perform the work; with the City of Coppell paying a cost of $205,237.44, as budgeted in the IMF; and authorizing the May or to sign. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. Action: Councilmember Franklin moved to approve an Interlocal Agreement with Dallas County to overlay the asphalt paving of the following streets: Loch Lane, Howell Street, Bullock Street, Carter Drive, Christi Lane, Shadydale Lane, Willow Lane, Oak Trail, Shady Oaks Lane, Cottonwood Drive and Oak Grove Lane; with Dallas County furnishing labor, materials and equipment to perform the work; with the City of Coppell paying a cost of $205,237.44, as budgeted in the IMF; and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 15. Mayor and Council Reports. A. Report by Mayor Stover regarding the Coppell Copperheads. A. Mayor Stover announced that the Coppell Copperheads were 16-16 and currently in second place. There will be a game Saturday night celebrating National Night Out with festivities, games and sign-ups. He encouraged the community to attend. cm072407 Page 7 of 11 16. 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 reported the first day of school is August 27th. Registration for new elementary students is August 10th. B. Councilmember Peters advised that the Coppell Chamber is hosting its Annual Teacher Breakfast on August 14th. The Board of Trustees will have its final Budget Hearing on August 6th. C. Councilmember Brancheau stated several events were planned for the Coppell Seniors, including Family Feud on August 8th, a Luau on August 22nd, and trips scheduled to Southfork Ranch and Corpus Christi. D. Councilmember Peters attended the TXDOT Annual Transportation Forum in Austin with over 1200 participants. She announced that the cities of Irving and Coppell are hosting the Transportation cm072407 Page 8 of 11 Summit August 7-10th. Finally, the NTTA was awarded the SH 121 bid. They will have 60 days to finalize the bid. E. Nothing to report. F. Nothing to report. G. Nothing to report. H. Nothing to report. I. Nothing to report. J. Councilmember Tunnell informed the members that Metrocrest Social Services is hosting a school drive in coordination with Payless Shoes. They plan to donate new shoes to 1100 students. The Service Center is also looking for donations on school supplies. K. Nothing to report. L. Nothing to report. M. Nothing to report. N. Nothing to report. At this time Council reconvened into Work Session which was followed by Executive Session. Councilmember York left the meeting at this time. WORK SESSION (Open to the Public) Convene Work Session A. Discussion regarding Coppell Baseball Association. B. Discussion regarding Fall Special Event Theme. C. Review of International Code Adoptions. D. Discussion regarding 2030 Process. E. Discussion of Agenda Items. cm072407 Page 9 of 11 EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3; and CB Parkway Business Center, et al vs. City of Coppell, et al; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. 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 9:00 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 10:12 p.m. and reopened the Regular Session. REGULAR SESSION (Open to the Public) 17. Necessary action resulting from Work Session. There was no action necessary under this item. 18. Necessary action resulting from Executive Session. Action: Mayor Pro Tem Hinojosa-Flores moved to terminate the engagement of Paul Hastings, et al as special legal counsel for the City of Coppell; and, to authorize the City Attorney to bring an engagement letter to retain Robert cm072407 Page 10 of 11 Freilich as special legal counsel for the City of Coppell for future approval by City Council. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell and Franklin voting in favor of the motion. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary cm072407 Page 11 of 11 MINUTES OF JULY 26, 2007 The City Council of the City of Coppell met in Special Called S ession on Thursday, July 26, 2007, at 6:00 p.m. in the City Council Chamb ers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Brianna Hinojosa-Flores, Mayor Pro Tem (late arrival) Tim Brancheau, Councilmember Jayne Peters, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember Bill York, Councilmember (late arrival) Also present were City Manager Jim Witt and City Secretary Libby Ball. 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Budget Work Session. WORK SESSION (Open to the Public) 2. Convene Work Session A. Review Property from DCAD. B. Service Organization Allocation. C. Final Review of General Fund. D. Budget Calendar Review. Mayor Pro Tem Hinojosa-Flores and Councilmember York arrived during the Work Session. cm072607 Page 1 of 3 SPECIAL SESSION (Open to the Public) 3. Consider approval of the certification of the 2007 anticipated collection rate for the period of July 1, 2007, through June 30, 2008, and the amount of excess debt collections during the period of July 1, 2006, and June 30, 2007. Presentation: Jennifer Miller, Finance Director, made a presentation to the Council. Action: Councilmember Tunnell moved to approve the certification of the 2007 anticipated collection rate for the period of July 1, 2007, thr ough June 30, 2008, and the amount of excess debt collections during the period of July 1, 2006, and June 30, 2007. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. 4. Consider approval of a proposal to maintain a tax rate of .64146 for the 2007 tax year and to set the Public Hearings on the proposed tax rate for the next regularly scheduled Council Meeting on August 14, 2007 and on August 28,2007 at 7:00 P.M. Presentation: Jennifer Miller, Finance Director, made a presentation to the Council. Action: Councilmember Peters moved to approve a proposal to maintain a tax rate of .64146 for the 2007 tax year and to set the Public Hearings on the proposed tax rate for the next regularly scheduled Council Meeting on August 14, 2007 and on August 28,2007 at 7:00 P.M. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. cm072607 Page 2 of 3 There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary cm072607 Page 3 of 3 CM073107 Page 1 of 3 MINUTES OF JULY 31, 2007 The City Council of the City of Coppell met in Special Called Session on Tuesday, July 31, 2007, at 6:30 p.m. in the Board Room at Coppell Independent School District, 200 S. Denton Tap Road, Coppell, Texas. The following members were present: Doug Stover, Mayor Brianna Hinojosa-Flores, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember Councilmember York was absent from the meeting. Coppell Independent School District Board of Trustees in attendance: Kathie Gautille, President Bennett Ratliff, Vice-President Cindy Warner, Secretary David Apple Anthony Hill Scott Orr Trustee Kemp was absent from the meeting. Also present were City Manager Jim Witt, Deputy City Manager Clay Phillips, City Attorneys Karen Nelson, Alan Taylor, School Superintendent Dr. Jeff Turner, Assistant School Superintendent Sid Grant, Bob Luna and Joe Baugh. ITEM # ITEM DESCRIPTION 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. JOINT EXECUTIVE SESSION WITH (Closed to the Public) CM073107 Page 2 of 3 COPPELL ISD SCHOOL BOARD TRUSTEES 2. Convene Joint Executive Session A. Section 551.071, Texas Government Code – Consultation with City Attorney and School Board Special Legal Counsel. 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 Z067-195. 2. City of Coppell and CISD vs. City of Dallas, et al in the 101st District Court. 3. CB Parkway, et al v. City of Coppell and CISD in the County Court at Law No. 3. Mayor Stover convened into Joint Executive Session at 6:43 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 8:11 p.m. CITY COUNCIL EXECUTIVE SESSION (Closed to the Public) 3. Convene Regular Executive Session A. Section 551.071, Texas Government Code – Consultation with City Attorney and School Board Special Legal Counsel. 1. City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3. 2. City of Dallas vs. Douglas Stover, et al in the 191st District Court. 3. 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 Z067-195. 4. City of Coppell and CISD vs. City of Dallas, et al in the 101st District Court. CM073107 Page 3 of 3 5. CB Parkway, et al v. City of Coppell and CISD in the County Court at Law No. 3. No City Council Executive Session was held. SPECIAL SESSION (Open to the Public) 4. Necessary action resulting from Executive Session. Action: Councilmember Peters moved to designate Alan Taylor as lead trial counsel in all pending litigation related to the CB Parkway property and the City of Dallas rezoning of that property. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, and Franklin voting in favor of the motion. There being no further business to come before the City Council, the meeting was adjourned. _____________________________________ Douglas N. Stover, Mayor ATTEST: _________________________________ Libby Ball, City Secretary WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING August 14, 2007 8/B ✔ ORDINANCE Consider approval of an Ordinance for Text amendments to Chapter 12, Zoning, of the Code of Ordinances amending Article 29, Sign Regulations, to delete all references to temporary off- and on-premise signage, and authorizing the Mayor to sign. On October 28, 2003, City Council adopted Ordinance No. 2003-1604 that amended Chapter 6, Business Regulations, adding Article 6-15, Sections 6-15-1 through 16-15-8, which established provisions for temporary signs. Given this action, these regulations are proposed to be removed from Chapter 12, Zoning Regulations. November 20, 2003, the Planning Commission unanimously recommended approval of this text amendment(6-0). On December 9, 2003 Council unanimously approved this zoning change (6-0). Staff recommends APPROVAL. @Chap. 12,Art.29 TA ORD (con) 1-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CODE OF ORDINANCES, CHAPTER 12, THE ZONING ORDINANCE NO. 91500, BY AMENDING ARTICLE 29, SECTION 12-29-3, SUBSECTION 2, SPECIAL PURPOSE SIGNS, BY REPEALING (E), (F), AND (G) AND RENUMBERING ACCORDINGLY, AND BY AMENDING SUBSECTION 3, PROHIBITED SIGNS, BY AMENDING (B), (I) AND (J) TO PROVIDE A REFERENCE TO CHAPTER 6, ARTICLE 6-15; BY AMENDING SECTION 12-29-4 BY REPEALING SUBSECTION 4, TEMPORARY BANNER SIGNS, IN ITS ENTIRETY, AND RENUMBERING ACCORDINGLY; BY AMENDING SECTION 12- 29-5 BY DELETING SUBSECTION 4 AND 5, IN THEIR ENTIRETY; BY REPEALING SECTION 12-29-7, PROVISIONS FOR TEMPORARY SIGNS, IN ITS ENTIRETY AND RESERVING THE SAME FOR FUTURE USE; 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. WHEREAS, on or about October 28, 2003, the City Council adopted an ordinance that added Article 6-15 to Chapter 6 of the Code of Ordinances which established updated and revised provisions for temporary signs in the City of Coppell; and WHEREAS, because these provisions have been adopted and incorporated into Chapter 6, Article 6-15 of the Code, it is recommended that the Code of Ordinance be amended by repealing various sections of Chapter 12, Article 12-29 and/or that Chapter 12 be amended to provide for a cross-reference; and WHEREAS, after review, the City Council has determined that Article 12-29, Sign Regulations, should be amended as provided herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 12 of the Code of Ordinances, the Zoning Ordinance, Ordinance No. 91500 of the City of Coppell, Texas, as heretofore amended, be, and the same is 1 TM 18789.2.00 hereby amended by amending Article 29, Sections 12-29-3, 12-29-4, 12-29-5, and 12-29-7, which shall read as follows: “ARTICLE 29. SIGN REGULATIONS . . . . . Sec. 12-29-3. Provisions for all zoning districts. . . . . . 2. Special purpose signs: . . . . . (D) Government signs: . . . . . (E) Holiday lights and decorations: . . . . . 3. Prohibited signs: . . . . . . . . . . (B) Balloons, streamers, bunting, banners, flags, flag poles, pole signs or signs that contain moving parts unless otherwise specifically allowed by Chapter 6, Article 6-15, of the Code of Ordinances. . . . . . (I) Off-premise signs except otherwise allowed under Chapter 6, Article 6-15, of the Code of Ordinances. (J) Signs erected in the public right-of-way except as otherwise allowed in Chapter 6, Article 6-15, of the Code of Ordinances. . . . . . Sec. 12-29-4. Provisions for business zoning districts. . . . . . 3. Attached signs. . . . . . 4. Window signs. . . . . . Sec. 12-29-5. Provisions for non-business zoning districts. 2 TM 18789.2.00 . . . . . 3. Attached signs. . . . . . Sec. 12-29-6. Nonconforming signs. . . . . . Sec. 12-29-7. Reserved for future use. Sec. 12-29-8. Variances. . . . . .” SECTION 2. 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 3. 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 4. 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 5. 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. 3 TM 18789.2.00 SECTION 6. 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 08/01/07) 4 TM 18789.2.00 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING August 14, 2007 8/C ✔ CONTRACT/BID or PROPOSAL Consider approval of entering into a Professional Services Agreement with Larry O. Hulsey & Company to provide application review, inspections during construction and drilling and annual inspections during the operation of oil and gas drilling in the City of Coppell, and consulting on Ordinance revisions as necessary; and authorizing the City Manager to sign. On July 30,2007 staff received an application to drill and operate a gas well north of Bethel Road, west of the proposed extension of Creekview Drive on the Fellowship Church property. Per Section 9-26-17 of Oil and Gas Drilling Ordinance, the city may engage a technical advisor to review the application and oversee the operation of the well. The public hearing for this request is tentatively scheduled for August 28, 2007. Fees associated with this contract will be funded through the Planning Department Professional Services. Fees for services directly related to the permit process and inspections of the well are provided by the Operator(pass through). Revisions to the Ordinance will be funded through the Planning Department Professional Services. Staff recommends APPROVAL of the agreement to provide review of the applications for Gas Drilling, inspections during construction and drilling, annual inspections during the operation of the well, and consulting on Ordinance revisions as necessary. @Hulsey Agreement (con)1-AR ****MEMO**** TO: Marcie Diamond, AICP Assistant Director of Planning City of Coppell FROM: Larry O. Hulsey RE: City of Coppell DATE: July 27, 2007 • Cost estimates to assist with Oil & Gas Ordinance & answer questions if necessary are as follows: Total 4.0 hrs @ $250/hr=$1000 (e-mails, faxes, phone calls & research). Trip to Coppell-4.0 hrs Driving Time (round trip) @ $250/hr=$1000 1.5 hrs Meeting Time @ $250/hr=$375 224 miles round trip @ $1.00/mile=$224 (IRS rate plus fuel surcharge) Misc. expense = $25.00 Total Est. per trip = $1624 Two trips @ $1624/trip plus $1000 (research & etc.) =$4248 • Cost estimates for inspections are as follows: 224 Miles @ $1.00/mile (round trip) $ 224.00 4.0 hrs Driving Time @ $250/hr 1000.00 1.0 hrs (plus) Inspection site 250.00 Misc. Expense 25.00 ________________ Subtotal 1499.00 Contingency- 25% 501.00 (Standby Time, Report & etc.) ________________ Total Est. $ 2000.00 • Total cost of 3 inspections @ $6000 o Surface Casing o Completion (perfs/frac) o Final (Pipeline hookup-1st sales) Also, if necessary or required- Review and approve Gas well permit applications ($250 per well). Annual inspections of all wells- $250 per well or $2,000.00 (min). Hourly rate plus mileage and expense- Complaints and or problem resolution. Also, see Attachment A: Example of an arrangement requiring annual inspection and gas well permit review and approval. Please let me know if you have any further questions. Thank you. ATTACHMENT “A” FEE INFORMATION (July 27, 2007) The Gas Well Inspector shall receive the following fees for services related to the assignment: 1. Upon review and approval of a Gas Well Permit for a new well, there will be a fee of $8250. This fee includes all required inspections associated with a new well, the periodic inspection of the well during production, and the inspection after the abandonment for the well and associated pipelines. 2. If a violation is found during a periodic inspection, there will be a reinspection fee of $2,000.00 3. There will be no charge for the review of an Amended Gas Well Permit application; however, if an inspection is required, there will be a fee of $2,000.00. 4. If an inspection is required for the reworking of a well, there will be a fee of $2,000.00. 5. The fees described above will cover the costs of all reimbursable expenses, including, but not limited to, the costs of blueprints, copies, computer expenses, hotel room and meals, automobile mileage, materials required to produce reports and presentations, postage, and long distance telephone service required for this assignment. 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 August 14, 2007 8/D ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-214R2-SF-9 and C, Arbor Manors, zoning change from C (Commercial), R (Retail) and SF-9 (Single Family–9) to PD-214R2-SF-9 and C (Planned Development-214 Revision - 2 Single-Family-9 and Commercial), with a Concept Site Plan to allow the development of 73 single-family homes on approximately 24 acres and commercial uses on approximately five acres of property located south of Sandy Lake Road; west of Denton Tap Road, 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-214R2-SF-9&C,AM(con)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), R (RETAIL) AND SF-9 (SINGLE FAMILY–9) TO PD-214R2-SF-9 AND C (PLANNED DEVELOPMENT-214 REVISION 2-SINGLE FAMILY-9 AND COMMERCIAL), WITH A CONCEPT SITE PLAN, TO ALLOW THE DEVELOPMENT OF 73 SINGLE-FAMILY HOMES ON APPROXIMATELY 24 ACRES AND COMMERCIAL USES ON APPROXIMATELY FIVE ACRES OF PROPERTY LOCATED SOUTH OF SANDY LAKE ROAD; WEST OF DENTON TAP ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE ZONING EXHIBIT, CONCEPT PLAN, LANDSCAPING PLAN, SIDE YARD FENCING AND LANDSCAPE PLAN, ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, AND “E”; PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-214R2-SF-9 and 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 1 TM 18947.2.000 amended, be and the same is hereby amended by granting a change in zoning from C (Commercial), R (Retail) and SF-9 (Single Family–9) to PD-214R2-SF-9 and C (Planned Development-214 Revision 2-Single Family-9 and Commercial), with a Concept Site Plan, to allow the development of 73 single-family homes on approximately 24 acres and commercial uses on approximately five acres of property located south of Sandy Lake Road; west of Denton Tap Road for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That PD-214R2-SF-9 and C (Planned Development-214 Revision 2- Single Family-9 and Commercial), is hereby approved subject to the following development regulations: A. General regulations 1. All development regulations for Tracts A and B shall be in accordance with the regulations set forth in the Coppell Zoning Ordinance, as amended, as reflected in SF-9 Zoning District. 2. Any future modification of any lot herein shall require notice to those lot owners within two hundred feet (200’) of the affected lot. 3. A homeowners association shall be established and shall be responsible for the maintenance of all park/open space areas. 4. All dwelling shall be street access or front-entry, and no alleys shall be required. 5. A twenty-four foot (24’) access easement to align with the Wynnpage commercial parcel shall be provided. 2 TM 18947.2.000 6. Park development fees of $1285/per residential unit, shall be required prior to the filing of the plat for the residential development of this property. B. Use Regulations - The permitted uses within Tract A and Tract B shall as follows: 1. Tract A.1 (+/- 2.0 ac.): The permitted uses shall be those uses permitted by the Coppell Zoning District “C” - Commercial as described in Article 23 of Section 12 of the Zoning Ordinance of the City of Coppell, Texas. 2. Tract A.2 (+/- 20.6 ac.): The permitted uses shall be those uses permitted by the Coppell Zoning District “SF-9” – Single-Family 9 described in Article 12 of Section 12 of the Zoning Ordinance of the City of Coppell, Texas. 3. Tract A.3 (+/- 0.7 ac): The permitted uses shall be those uses permitted by the Coppell Zoning District “C” – Commercial as described in Article 23 of Section 12 of Zoning Ordinance of the City of Coppell, Texas. 4. Tract A.4 (+/- 2.3 ac.): The permitted uses shall be those uses permitted by the Coppell Zoning District “C” – Commercial District as described in Article 23 of the Section 12 of Zoning Ordinance of the City of Coppell, Texas. 5. Tract B (+/- 3.3 ac.): The permitted uses shall be those uses permitted by the Coppell Zoning District “SF-9” – Single-Family 9 described in Article 12 of Section 12 of the Zoning Ordinance of the City of Coppell, Texas. C. Area Regulations : The following amended area regulations shall apply: 1. Tract A.2 & B: 3 TM 18947.2.000 a. Minimum Front Yard - The minimum depth of the front yard shall be twenty- five (25) feet. b. Minimum Rear Yard - The minimum depth of the rear yard shall be twenty (20) feet. c. Minimum Side Yard - The minimum depth of the side yard shall be eight (8) feet and the minimum side yard for corner lot shall be fifteen (15) feet. In addition, each corner side yard shall be developed in conformity and as depicted on the attached “Side Yard Fencing Plan and Detail,” which is attached hereto as Exhibit F. d. Maximum Lot Coverage - The maximum lot coverage shall not be greater than forty (40) percent of the gross lot area for one-story dwellings and thirty-five (35) percent of the gross lot area for two-story dwellings. e. Minimum Lot Width - The minimum lot width measured at the proposed building line shall be seventy-five (75) feet. f. Minimum Lot Depth - The minimum lot depth shall be one-hundred-ten (110) feet. g. Minimum Lot Area - The minimum lot area shall be eight-thousand-two- hundred and fifty (8,250) square feet. h. Maximum Building Height – The maximum building height shall be thirty-five feet (35’) measured at the mid-point between the eves and the dominate ridge of the hip or gabled roofs. 2. Tract A.1, A.3, and A.4 a. The area regulations shall be those defined in Article 23 – “C” Commercial District Regulations (12-23) of the Coppell Zoning Ordinance. b. Prior to development on Tract A.1, A.3, and A.4 a Detailed Site Plan, which shall be an amendment to this ordinance, shall be required. D. Landscape and Screening Regulations 4 TM 18947.2.000 1. The +/-1.5 acres of open space provided and the preservation of trees within the proposed lots shall satisfy the tree mitigation requirements or monetary penalties associated with the future removal of any existing trees from Tract A and B. In addition, the developer shall pay the City $101,000.00 to satisfy all tree mitigation, and shall be paid prior to the filing of the plat. 2. Tree removal permit will be required prior to any start of construction. 3. The perimeter screening separating non-residential and residential land uses shall be in accordance with Article 33-Section (12-33-1.8) of the Coppell Zoning Ordinance. a. Wall column spacing shall be ten (10) to thirty (30) feet. b. The lots adjacent to the existing Wynnpage alley shall provide an eight foot (8’) board-on-board fence. 4. 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.” SECTION 3. That the property shall be developed and used in accordance with the SF-9 (Single Family -9) and C (Commercial) development standards under the Coppell Zoning Ordinance, except as amended in the development regulations as indicated on the Zoning Exhibit, Concept Plan, Landscaping Plan, Side Yard Fencing And Landscape Plan attached hereto as Exhibits “B”, “C”, “D”, and “E”; and such exhibits are 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. 5 TM 18947.2.000 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. 6 TM 18947.2.000 SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2007. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb) [08/07/07] 7 TM 18947.2.000 EXHIBIT “A” Page 1 of 3 LEGAL DESCRIPTION 25.422 ACRES BEING a tract of land located in the EDWARD A. CROW SURVEY, ABSTRACT NO. 301, City of Coppell, Dallas County, Texas and being a part of those tracts of land described in Deed to Horace Thompson Ardinger, Jr., recorded in Volume 95064, Page 4717 and Volume 95064, Page 4713, Deed Records, Dallas County, Texas and part of a tract of land described in Deed to Horace Thompson Ardinger, Jr. by City of Coppell, Texas Ordinance No. 87383, recorded in Volume 87133, Page 1529, Deed Records, Dallas County, Texas and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found at the intersection of the West right-of-way line of Denton Tap Road, a 120 foot right-of-way, with the South line of said Ardinger tract recorded in Volume 95064, Page 4717; THENCE South 88 degrees 50 minutes 25 seconds West, along said South line, a distance of 442.21 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found at the Southeast corner of a tract of land described as Tract 2 in Deed to Lone Star Gas Company, recorded in Volume 5493, Page 9, Deed Records, Dallas County, Texas; THENCE North 58 degrees 50 minutes 33 seconds West, leaving said South line and along the Northeasterly line of said Tract 2, a distance of 722.69 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set for corner; THENCE North 56 degrees 05 minutes 33 seconds West, continuing along said Northeasterly line, a distance of 225.47 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set in the West line of said Ardinger tract recorded in Volume 95064, Page 4717, at the most Northerly Northwest corner of said Tract 2 ; THENCE North 00 degrees 26 minutes 54 seconds West, along said West line, a distance of 229.35 feet to a 1” iron rod found at the Northwest corner of said Ardinger tract recorded in Volume 95064, Page 4717 and the Southwest corner of a tract of land described in Deed to General Telephone Company of the Southwest, recorded in Volume 71011, Page 1961, Deed Records, Dallas County, Texas; THENCE North 89 degrees 30 minutes 32 seconds East, along the common line of said Ardinger tract and said General Telephone Company tract, a distance of 206.46 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set at the Southeast corner of said General Telephone Company tract and at the Southwest corner of said Ardinger tract recorded in Volume 95064, Page 4713; THENCE North 00 degrees 23 minutes 17 seconds West, along the common line of said Ardinger tract recorded and said General Telephone Company tract, a distance of 558.04 feet to a PK nail set in the South right-of-way line of Sandy Lake Road, a 110 foot right- of-way, said point being at the beginning of a non-tangent curve to the left having a central angle of 08 degrees 10 minutes 46 seconds, a radius of 2,923.94 feet and a chord EXHIBIT “A” Page 2 of 3 bearing and distance of South 86 degrees 24 minutes 06 seconds East, 417.07 feet; THENCE Easterly, along said South right-of-way line and along said curve to the left, an arc distance of 417.42 feet to a 5/8 inch iron rod found; THENCE North 89 degrees 30 minutes 31 seconds East, continuing along said South right-of-way line, a distance of 203.18 feet to a 1” iron rod found at the Northwest corner of Lot 2 of SANDY LAKE CROSSING ADDITION, an Addition to the City of Coppell, according to the Plat thereof recorded in Volume 88037, Page 2602, Map Records, Dallas County, Texas; THENCE South 00 degrees 29 minutes 29 seconds East, leaving said South right-of-way line, a distance of 175.00 feet to a 1” iron rod found at the Southwest corner of said Lot 2; THENCE North 89 degrees 30 minutes 31 seconds East, a distance of 186.81 feet to an X set in concrete in the West line of a tract of land described as Lot 3, Block 1 of SANDY LAKE CROSSING, an Addition to the City of Coppell, according to the Plat thereof recorded in Volume 90012, Page 3601, Map Records, Dallas County, Texas, at the Southeast corner of said Lot 2; THENCE South 02 degrees 43 minutes 14 seconds East, a distance of 224.48 feet to an X set in concrete at the Southwest corner of a tract of land described as M.P. McDONALD’S ADDITION, an Addition to the City of Coppell, according to the Plat thereof recorded in Volume 87233, Page 2925, Map Records, Dallas County, Texas; THENCE North 87 degrees 16 minutes 46 seconds East, along the South line of said M.P. McDONALD’S ADDITION, a distance of 199.96 feet to an X set in concrete in said West right-of-way line of said Denton Tap Road; THENCE South 02 degrees 40 minutes 21 seconds East, along said West right-of-way line, a distance of 97.55 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set at the most Easterly Northeast corner of a tract of land described as Tract A in Deed to KFC National Company, recorded in Volume 89121, Page 2082, Deed Records, Dallas County, Texas; THENCE along the line of said KFC National Company tract, the following seven (7) courses and distances: South 87 degrees 19 minutes 40 seconds West, a distance of 60.00 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set for corner; North 02 degrees 40 minutes 20 seconds West, a distance of 12.68 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set for corner; South 87 degrees 19 minutes 40 seconds West, a distance of 63.33 feet to a 1/2 inch EXHIBIT “A” Page 3 of 3 iron rod with a yellow plastic cap stamped “DAA” set for corner; South 42 degrees 19 minutes 40 seconds West, a distance of 121.88 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set for corner; South 32 degrees 39 minutes 58 seconds East, a distance of 61.03 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set for corner; South 02 degrees 40 minutes 20 seconds East, a distance of 37.13 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set for corner; North 87 degrees 19 minutes 40 seconds East, a distance of 178.98 feet to an X set in concrete in said West right-of-way line of Denton Tap Road at the Southeast corner of said KFC National Company tract; THENCE along said West right-of-way line, the following three (3) courses and distances: South 02 degrees 37 minutes 34 seconds East, a distance of 181.66 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set for corner at the beginning of a non-tangent curve to the right having a central angle of 02 degrees 14 minutes 55 seconds, a radius of 5,668.85 feet and a chord bearing and distance of South 01 degrees 38 minutes 43 seconds East, 222.46 feet; Southerly, along said curve to the right, an arc distance of 222.48 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set for corner; South 00 degrees 31 minutes 15 seconds East, a distance of 202.73 feet to the POINT OF BEGINNING and containing 25.422 acres of land, more or less. 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 August 14, 2007 8/E ✔ ORDINANCE Consider approval of an Ordinance for 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, and authorizing the Mayor to sign. 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. On July 10, 2007, Council unanimously approved this zoning change (5-0). Staff recommends APPROVAL. @PD-221R2-HC, DLA ORD (con) 1-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM 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 FIVE ACRES OF PROPERTY LOCATED ALONG THE EAST SIDE OF POINT WEST BOULEVARD, APPROXIMATELY 230 FEET NORTH OF I.H. 635 AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE OVERALL DETAIL SITE PLAN, LANDSCAPE PLAN, ELEVATIONS AND SIGN PLAN, 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-221R2- HC should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from PD-221-HC (Planned Development-221-Highway Commercial) to PD-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 five acres of property located along the east side of Point West Boulevard, approximately 230 feet north of I.H. 635 and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. This Planned Development shall be developed and used only in accordance with the following development regulations: (A) Except as amended herein and as provided in Section 3 of this Ordinance, the property shall be developed in accordance with Planned Development Regulations for PD-221-HC (Ordinance 91500-A-453), which is incorporated herein as set forth in full and hereby republished. (B) Non-masonry materials may exceed 20 percent of the building façade only, as provided on the elevations, attached hereto and incorporated herein. (C) Developer shall provide and maintain a minimum of 322 parking spaces provided for the hotel and ancillary uses. (D) Landscaping shall be provided as indicated on the Landscape Plan, attached hereto. (E) Attached and building signage shall be as indicated on the building elevations and sign exhibits, attached here to. SECTION 3. The property shall be developed and used in accordance with the HC (Highway Commercial) development regulations and standards under the Coppell Zoning Ordinance, except as amended in the development regulations hereinbefore set forth and as TM 18917.2.000 provided on the Detail Site Plan, Landscape Plan, Elevations and Sign Exhibit, attached hereto as Exhibits “B, C, and D and E, respectively, and which are made a part hereof for all purposes, which are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by TM 18917.2.000 a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2007. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 04/17/07) TM 18917.2.000 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING August 14, 2007 8/F ✔ ORDINANCE Consider approval of an Ordinance for 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, and authorizing the Mayor to sign. 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. On July 10, 2007, Council unanimously approved this zoning change (5-0). Staff recommends APPROVAL. @PD-221R3-HC, DLA ORD (con) 1-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM 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 AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN, ATTACHED HERETO AS EXHIBIT “B”; PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-221R3- HC should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from PD-221-HC (Planned Development-221-Highway Commercial) to PD-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, and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. This Planned Development shall be developed and used only in accordance with the development standards as follows: A) Except as amended herein and as provided in Section 3 of this Ordinance, the property shall be developed in accordance with Ordinance 91500-A-453, which is incorporated herein as set forth in full and hereby republished. B) Prior to development on any tract within this Planned Development District, a detailed Site Plan with elevation facades shall be submitted to assure architectural compatibility and compliance with the HC District; and, that traffic and vehicle circulation shall be in accordance with the following development regulations: (1) Mutual access easement (Private Street “A”): (a) a minimum of 32 feet wide, (b) shall not have any head-in parking, (c) shall not have any intersecting driveways within 150 feet from Belt Line Road; and (d) shall be fully constructed 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” shall: (a) shall not have any head-in parking, (b) shall have no intersecting driveways within 150 feet from Belt Line Road, TM 18946.2.000 C) In addition, mutual access easement shall be provided to the north office/industrial development. This mutual access easement shall be located in the western portion of proposed lot 11 as shown on the attached Exhibit “B”, in close proximity to the proposed hotel. D) Detached signs shall be permitted as follows: (1) Six - 35-foot tall, single tenant pylon signs along LBJ (maximum one per lot); (2) Two – 35-foot tall multi-tenant pylon signs along LBJ; and (3) One – 6-foot tall multi-tenant monument sign along Belt Line Road, and (4) Four single tenant monument signs along Denton Tap (maximum one per lot). (a) 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. E) The location of all detached signs being in accordance with the Sign Ordinance and all monument signs shall be externally illuminated. F) All detached signs shall be architecturally compatible and consistent through the District. G) Landscaping Plans shall be submitted at the time of Detailed Site Plans and shall comply with Article 34 of the Coppell Zoning Ordinance, with the exception that the required 10-foot landscape buffer along internal property lines subject to such otherwise required landscaping to be reallocated in the interior of such lots within the District. H) The engineering staff will continue to work with the applicant to address concerns related to traffic circulation and ingress/egress. SECTION 3. The property shall be developed and used in accordance with the HC (Highway Commercial) development regulations and standards under the Coppell Zoning Ordinance, except as amended in the development regulations hereinbefore set forth and as TM 18946.2.000 provided on the Concept Plan attached hereto as Exhibit “B”, which is 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 18946.2.000 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 08/07/07) TM 18946.2.000 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING August 14, 2007 8/G ✔ ORDINANCE Consider approval of an Ordinance for 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, and authorizing the Mayor to sign. 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. On July 10, 2007, Council unanimously approved this zoning change (5-0). Staff recommends APPROVAL. @PD-222R-LI, DLA ORD (con) 1-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM 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, 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 AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B, C, AND D”, RESPECTIVELY; PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-222R-LI should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from 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,, and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. This Planned Development shall be developed and used only in accordance with the Detail Site Plan, Landscape Plan and Elevations and the development standards as follows: (A) Except as amended herein and as provided in Section 3 of this Ordinance, the property shall be developed in accordance with Ordinance 91500-A-462, which is incorporated herein as set forth in full and hereby republished. (B) An earthen berm not less than six (6) feet in height be provided along the public right-of-way as provided on the Landscape Plan, to screen the loading/dock areas from Dividend Drive. (C) The landscape island as provided in the Detailed Site Plan at the eastern most row of parking shall be increased to a minimum of 150 square feet. (D) Two 60-square-foot monument signs shall be permitted as provided on the Detailed Site Plan. SECTION 3. The property shall be developed and used in accordance with the LI (Light Industrial) development regulations and standards under the Coppell Zoning Ordinance, except as amended in the development regulation hereinbefore set forth and as provided on the Detail Site Plan, Landscape Plan and Elevations attached hereto as Exhibits “B, C, and D”, respectively, and which are made a part hereof for all purposes, which are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. TM 18944.2.000 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. 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 TM 18944.2.000 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING August 14, 2007 8/H ✔ ORDINANCE Consider approval of an Ordinance for 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, and authorizing the Mayor to sign. 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. On July 10, 2007, Council unanimously approved this zoning change (5-0). Staff recommends APPROVAL. @PD-S-1241-C, FD ORD (con) 1-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM 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, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN/ ELEVATIONS, AND SIGN PLAN ATTACHED HERETO AS EXHIBITS “B”, “C”, AND “D”, RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. S-1241-C should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from 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, and being more particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to special conditions. 1 TM 18851.2.000 SECTION 2. That the Special Use Permit for a restaurant is hereby approved subject to the following special conditions: A. The development shall be in accordance with the site plan, floor plan and sign plan. B. The hours of operation shall not be permitted between Midnight (12:00) and 11:00 a.m., seven days a week. C. No outside dining after 11:00 p.m. SECTION 3. That the Site Plan, Floor Plan/Elevations and Sign Plan, attached hereto as Exhibits “B”, “C”, and “D”, respectively, and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That 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 18851.2.000 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 [reviewed only] 8/3/07) 3 TM 18851.2.000 Legal Description Being Lot 2, Block B of the Wynnpage Plaza Addition, being a subdivision in the City of Coppell, known as: 215 South Denton Tap Road Suite 100 Coppell, Texas 75019 Exhibit “A” WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING August 14, 2007 8/I ✔ ORDINANCE Consider approval of an Ordinance for Case No. S-1108R3-A, T-Mobile, zoning change from S-1108-A (Special Use Permit-1108-Agriculture) to S-1108R3-A (Special Use Permit-1108 Revision 3-Agriculture), to allow for a wireless communication antenna to be mounted to an existing electric transmission tower, with an accessory cabinet at the base of the tower, located approximately 1,000-feet southwest of the intersection of MacArthur Boulevard and the transmission line easement; north of Belt Line Road, 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. @S-1108R3-A, T-M ORD (con) 1-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM S-1108-A (SPECIAL USE PERMIT-1108- AGRICULTURE) TO S-1108R3-A (SPECIAL USE PERMIT-1108 REVISION 3-AGRICULTURE), TO ALLOW FOR WIRELESS COMMUNICATION ANTENNAE TO BE MOUNTED TO AN EXISTING ELECTRIC TRANSMISSION TOWER, WITH AN ACCESSORY CABINET AT THE BASE OF THE TOWER, LOCATED APPROXIMATELY 1,000-FEET SOUTHWEST OF THE INTERSECTION OF MACARTHUR BOULEVARD AND THE TRANSMISSION LINE EASEMENT, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SURVEY, SITE PLAN, ENLARGED SITE PLAN AND ELEVATION & DETAILS, ATTACHED HERETO AS EXHIBITS “B”, “C”, “D” AND "E", RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. S-1108R3-A should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from S-1108-A (Special Use Permit-1108- Agriculture) to S-1108R3-A (Special Use Permit-1108 Revision 3-Agriculture), to allow for wireless communication antennae to be mounted to an existing electric transmission tower, with an accessory cabinet at the base of the tower, located approximately 1,000-feet southwest of the 1 TM 18942.2.000 intersection of MacArthur Boulevard and the transmission line easement, and being more particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to special conditions. SECTION 2. That the Special Use Permit for wireless communication antennae is hereby approved, subject to the following special conditions: A) That the applicant shall be permitted to install one additional wireless communication antennae as depicted on Exhibit “A.” B) That the site shall be developed in accordance with the regulations and Exhibits “B” through “E” incorporated in Section 3 of this ordinance. C) Provide a copy of all access and/or improvements for this facility within the common area of Riverchase Homeowners Associations property, prior to the issuance of a building permit for construction. SECTION 3. That the Survey, Site Plan, Elevations and Equipment Details, attached hereto as Exhibits “B”, “C”, "D", and “E” respectively, and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. 2 TM 18942.2.000 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. 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 8/7/07) 3 TM 18942.2.000 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ Parks and Recreation August 14, 2007 8/J ✔ CONTRACT/BID or PROPOSAL Consider approval of an emergency bid from Craig Olden, Inc. for the installation of erosion control measures at Andrew Brown Park East, in the amount of $86,400.00, and authorizing the City Manager to sign. Award of this bid will authorize the staff to enter into an agreement with Craig Olden, Inc. to make some emergency improvements to the structure of the bridge spanning the Cottonwood Creek between AB Park East and Central. The rains received earlier this spring have caused erosion to the soil around the footings of this bridge, creating the need to respond quickly in order to prevent further erosion of these soils. Funds will be provided by the CRDC maintenance transfer to the General Fund. The contract will be charged to Parks and Recreation Maintenance line items. Staff recommends award of this bid ^Craig Olden Award PARKS AND RECREATION DEPARTMENT CITY COUNCIL AGENDA ITEM Date: August 14, 2007 To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Re: Consider approval of an emergency bid from Craig Olden, Inc. for the installation of erosion control measures at Andrew Brown Park East, in the amount of $86,400.00, and authorizing the City Manager to sign. Background: Erosion of the Cottonwood Creek banks as a result of the heavy rains during the early part of the year has exposed the footings of the pedestrian bridge at Andrew Brown Park East. The trail bridge connecting Andrew Brown Park East with Andrew Brown Park Central is in danger of having its entire structure exposed with continued rains and release of stored water at Lake Grapevine. Craig Olden, Inc. was requested to provide an engineered design, along with cost proposal for installation of a gabion wall and matting system, which will protect the bridge footings from further erosion. Craig Olden, Inc. has performed many such projects in the metroplex area, and has done successful work for the City of Coppell, including the Magnolia Park Spillway improvements. The quality of their workmanship is considered to be the best in the gabion business. Due to the fact that significant erosion has occurred in the past few weeks, exposing much of the bridge footings, this project has been deemed an emergency and should be quickly addressed before additional rains further erode the soil holding the bridge in place. The Coppell Recreation Development Corporation took swift action on August 6 to approve this bid so as to minimize any further erosion. City Council Action requested: Approval of a bid from Craig Olden, Inc. for the installation of erosion control measures at Andrew Brown Park East, in the amount of $86,400.00, and authorizing the City Manager to sign Staff Recommendation: Approval of this item. 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: Notice of Public Hearing on Tax Increase The CITY OF COPPELL will hold a public hearing on a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 4.42 percent (percentage by which proposed tax rate exceeds lower of rollback tax rate or effective tax calculated under Chapter 26, Tax Code). Your individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in the taxable value of your property in relation to the change in taxable value of all other property and the tax rate that is adopted. The public hearing will be held on August 14, 2007 at 7:00 PM and August 28, 2007 at 7:00 PM at TOWN CENTER, 255 PARKWAY BLVD., COPPELL, TEXAS. The members of the governing body voted on the proposal to consider the tax increase as follows: FOR: TIM BRACHEAU JAYNE PETERS BRIANNA HINOJOSA-FLORES MARSHA TUNNELL BILLY FAUGHT MARVIN FRANKLIN BILL YORK AGAINST: NONE PRESENT and not voting: NONE ABSENT: NONE Comparison of Proposed Budget with Last Year's Budget The applicable percentage increase or decrease (or difference) in the amount budgeted in the preceding fiscal year and the amount budgeted for the fiscal year that begins during the current tax year is indicated for each of the following expenditure categories: Maintenance and operations (0.08 (decrease) Debt service increase12.50% Total expenditures increase 1.75% Total Appraised Value and Total Taxable Value as calculated under section 26.04, Tax Code Preceding Tax Year $5,194,379,741 $4,247,609,166 $79,576,047 $79,576,047 Current Tax Year $5,562,904,020 $4,631,471,179 $126,030,082 $126,030,082 Total appraised value* of all property Total taxable value*** of all property Total taxable value*** of new property** Total appraised value* of new property** Total amount of outstanding and unpaid bonded indebtedness $57,705,036 Bonded Indebtedness Adopted tax rate for the preceding tax year Proposed tax rate for the current tax year Difference in the proposed tax rate and the adopted tax rate for the preceding tax year Percentage increase or decrease in the proposed tax rate and the adopted tax rate for the preceding tax year Tax Rates $0.641460 $0.641460 $0.000000 0.00 %Increase per $100 in value per $100 in value per $100 in value These tax rate figures are not adjusted for changes in the taxable value of property. Comparison of Residence Homestead Values Average appraised and taxable values on residence homesteads are compared from the preceding tax year and the current tax year. Current Tax Year $277,999 $13,900 Preceding Tax Year $267,245 $13,362 Average residence homestead appraised value Homestead exemption amount for the taxing unit (excluding special exemptions for persons 65 years of age or older or disabled) Average taxable value of a residence homestead $253,883 $264,099 (excluding special exemptions for persons 65 years of age or older or disabled) Comparison of Residence Homestead Taxes The taxes that would have been imposed in the preceding tax year on a residence homestead at the average appraised value (excluding special exemptions for persons 65 years of age or older or disabled) are estimated to be $1,628.56. The taxes that would be imposed in the current tax year on a residence homestead appraised at the average appraised value in the current tax year (excluding special exemptions for persons 65 years of age or older or disabled), if the proposed tax rate is adopted, are estimated to be $1,694.09. The difference between the amount of taxes on the average residence homestead in the current tax year, if the proposed tax rate is adopted, and the preceding tax year would be an increase of $65.53 in taxes. * "Appraised value" is the amount shown on the appraisal roll and defined by Section 1.04(8), Tax Code. ** "New property" is defined by Section 26.012(17), Tax Code. *** "Taxable value" is defined by Section 1.04(10), Tax Code. 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 August 14, 2007 10 ✔ PUBLIC HEARING Consider approval of the North Lake College, North Campus Addition, Minor Plat and Replat, being a replat of Lot 2, Block 2 of the Freeport North Addition, containing approximately 1.9 acres and a minor plat of 33.9 acres to establish a building site, fire lane and easements to allow the development of a 37,000-square-foot college and ancillary uses on approximately 10 acres of this 35.8 acres of property at the southeast corner of S.H. 121 and W. Sandy Lake Road. The following P&Z condition remains outstanding: 1) Prior to filing this plat with Dallas County, final determination shall be made as to the amount of right-of-way needed for SH 121 improvements and shall be indicated on the plat. On July 19, 2007 the Planning commission unanimously recommended approval of this replat (6-0), subject to the above-stated condition. Commissioners Haas, Kittrell, Borchgardt, Fox , Reese and Frnka voted in favor, none opposed. Staff recommends APPROVAL. @01NLC, NCA Addn, MP & RP, 1-AR ITEM # 4 PAGE 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT North Lake College, North Campus Addition, Minor Plat and Replat P&Z HEARING DATE: July 19, 2007 C.C. HEARING DATE: August 14, 2007 STAFF REP: Marcie Diamond, Assistant Director of Planning LOCATION: Southeast corner of S.H. 121 and W. Sandy Lake Road SIZE OF AREA: 35.8 acres of property CURRENT ZONING: PD-224-HC (Planned Development-224-Highway Commercial) REQUEST: Replat and Minor plat approval to establish a building site, fire lanes and easements to allow the development of a 37,000- square-foot college and ancillary uses. APPLICANT: John F. Pierce SAM, Inc 1450 Empire Central Drive, Suite 175 Dallas, Texas 75247 214-631-7888 FAX: 214-631-7103 HISTORY: This property was zoned a Light Industrial district in 1983. In April 2003, the Planning and Zoning Commission called a public hearing for a portion of this property to amend the designation on the Future Land Use Map from Regional Retail and Light Industrial/Showroom to Freeway Commercial. Also at that time, the zoning classification of Light Industrial was recommended to be changed to Highway Commercial to encourage the development of well-designed retail, commercial and/or office development, versus big-box tilt-wall industrial buildings along the frontages of S.H. 121 and Sandy Lake Road. City Council approved the rezoning and Land Use Map amendment in May of that year. In April of this year Council approved a rezoning from Highway Commercial to PD-HC to allow the development of a college campus on approximately 10 acres of this 35.8 acre tract of land. ITEM # 4 PAGE 2 of 2 TRANSPORTATION: State Highway 121 is designated as a freeway; improvements are not funded at this time. Sandy Lake Road has recently been improved to a four-lane divided thoroughfare within right-of-way sufficient for a six-lane road. SURROUNDING LAND USE & ZONING: North- Light Industrial and undeveloped, LI South - Light Industrial and mini-warehouses, LI and S-1204-C/LI East - Light Industrial and undeveloped, LI West - City of Grapevine, undeveloped COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for Freeway Commercial and Light Industrial/Showroom uses. DISCUSSION: As noted above, this is a companion request to the rezoning that was approved earlier this year to allow for the development of a college campus on a portion of this tract. This replat actually incorporates a 1.9 acre lot that was platted as part of the Freeport North Addition in 1997, into this 35.8 acre unplatted tract of land. This plat provides needed easements and fire lanes to serve the college campus. The only outstanding issue is the amount of right-of-way that will be needed to be dedicated to allow for the expansion of S.H. 121 adjacent to this tract. It is staff’s understanding that the applicant has been in contact with representatives from TxDOT, but no final determination has been made as to the specific configuration of right-of-way that will be needed. Therefore a condition of approval will be that this plat shall not be filed with Dallas County until this right-of-way can be identified and provided. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of North Lake College, North Campus Addition, Minor Plat and Replat, subject to the following condition. 1) Prior to filing this plat with Dallas County, final determination shall be made as to the amount of right-of-way needed for SH 121 improvements and shall be indicated on the plat. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Replat and 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 August 14, 2007 11 ✔ PUBLIC HEARING Consider approval of Case No. PD-229-LI Minyard Addition (KTR Capital), zoning change from LI (Light Industrial) to PD-229-LI (Planned Development-229-Light Industrial) to allow the retention and expansion of the existing office/warehouse and office buildings and to allow the construction of four office/warehouse buildings, totaling approximately 503,250-square-feet on 79.53 acres of property, located at the southwest corner of Freeport Parkway and Bethel Road. The following P&Z conditions remain outstanding: 1) Submittal of Revised Tree Survey and Mitigation Plan in accordance with the requirements of the Zoning Ordinance prior to submission of tree removal permit. 2) Relocate the existing fire hydrant west of Building D to be within a landscape island. 3) The proposed buildings should not use existing fire pumps. 4) Contact Jeff Curry at (972) 888-1330 to discuss electric service requirements. On July 19, 2007, the Planning Commission unanimously recommended approval of this zoning change (6-0), subject to the above-stated conditions. Commissioners Haas, Kittrell, Borchgardt, Fox, Reese and Frnka voted in favor, none opposed. Staff recommends APPROVAL. @02PD-229-LI, MA, (KTR), 1-AR ITEM # 5 PAGE 1 of 5 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: PD-229-LI Minyard Addition (KTR Capital) P&Z HEARING DATE: July 19, 2007 C.C. HEARING DATE: August 14, 2007 STAFF REP: Marcie Diamond, Assistant Director of Planning LOCATION: Southwest corner of Freeport Parkway and Bethel Road SIZE OF AREA: 79.53 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: Zoning change request to PD-229-LI (Planned Development-229- Light Industrial) to allow the retention and the expansion of the existing office/warehouse and office buildings and to allow the construction of four office/warehouse buildings, totaling approximately 503,250-square-feet. APPLICANT: Owner: Engineer: Mathew Taylor Steven Heniford, P.E. KTR Coppell, L.L.C. Jones & Cater, Inc 300 Barr Harbor Drive 3030 LBJ Freeway #910 Conshohocken, PA 19428 Dallas, Texas 75234 484-530-1800 972-488-3880 484-530-1888 972-488-3882 HISTORY: It appears from DCAD records that the original warehouse and office buildings were constructed in 1980. In 1996 a site plan and plat were approved to allow the expansion to the existing office/warehouse facility which included the construction of a 240,000 square foot warehouse. This approval was subject to several conditions: ¾ The Board of Adjustment granting a Special Exception allowing reduction in the amount of parking to be provided. A 242 parking space variance was granted on September 12, 1996, and, ¾ Asphalt fire lanes were permitted for a period not to exceed four years. The applicant is requesting the retention of the reduction in the number of parking spaces, but will be bringing all fire lanes up to current (concrete) paving standards. ITEM # 5 PAGE 2 of 5 TRANSPORTATION: Bethel Road is under construction to be a 4-lane divided thoroughfare within 90 feet of right-of-way. Freeport Parkway is a 4-lane divided thoroughfare built within 90 feet of right-of-way. SURROUNDING LAND USE & ZONING: North – vacant land and office/warehouse; PD-185R-LI and PD-186R7-LI, South – vacant land and Haverty’s; LI (light Industrial) East – Hard-8 BBQ and office/warehouses; PD-211-H and LI (light Industrial) West - US Post Office Bulk Mail Center; LI (light Industrial) COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan shows the property as suitable for light industrial/showroom uses. DISCUSSION: The purpose of this PD is to allow for the retention and expansion of the existing facilities as well as the construction of four new office warehouse buildings. While the new construction is generally in compliance with the Zoning Ordinance, some existing conditions do not conform to current ordinances and are best recognized through a PD. Lot 1R – Existing Office and Office/Warehouse and Expansion Area This lot encompasses approximately ½ the land area and 60% of the ultimate square footage of the development. The existing office/warehouse, cold storage facility and 14,000 square foot office will be retained. Two future expansion areas are indicated along the western side of the existing building. The construction of these expansion areas are not included in the initial phase of development, but sufficient parking is being provided to serve the ultimate development of this property. The site plan also indicates a new driveway onto Bethel Road to access the development on this lot. The Fire Department expressed concern with the ability of fire trucks to maneuver the “S” curve portion of this driveway located just south of Bethel Road. Additional information will be required from the applicant to demonstrate that this driveway can accommodate this movement. If it is determined not to be sufficient, then this driveway will need to be redesigned. Lot 2R – New Office Warehouse Buildings A, B and C. Three new buildings are proposed for this lot, ranging in size from 130,250 to 140,000 square feet with a warehouse to office ratio of 95% to 5%. Building A will be most visible from Bethel Road and per staff’s request, stone entry features/architectural accents have been added to both corners of the building adjacent to Bethel Road. Seventy-three parking ITEM # 5 PAGE 3 of 5 spaces are proposed along the west property line. The applicant has added seven architecturally accented (with accent paint color and bumped-out panels) “man-doors” along this elevation to allow access to this parking as well as to provide the required articulation. Finally, a screening wall is indicated on the site plan, parallel to Bethel Road, to obscure the view of the loading area. However, additional detail is required on the Building Elevation sheet, which specifies the height, length, design and materials of this screening wall. Building B will have limited visibility from Bethel Road, and is designed similar to the other two buildings on this tract, without the additional articulation along the western façade. Finally, Building C will be a mirror image of Building B, with the dock-doors facing internally. Along the east lot line is an existing rail road spur. The applicant is not sure if they will be utilizing this spur, therefore they have included “future knock-out panels” in this wall to allow direct access to this spur. This building is proposed to be located 24 feet from the newly created common lot line with Lot 1R, which does not provide the 60 foot yard setback (clear area) which is required for unlimited building area. Either a higher level of fire resistive construction or a smaller building will be required. The common lot line, between this lot (Lot 2R) and the existing facilities (Lot 1R) will not have perimeter landscaping normally required along all lot lines. However, it appears that additional landscaping and trees have been provided elsewhere on this lot to fulfill this requirement. Lot 3R- Existing Office Building This lot has been carved out to allow for the retention of the existing office building and to allow the minimum amount of required parking to be contained within that lot. However, the placement of the new lot line is 12.5 feet from the existing south building wall and will impose additional building code/fire safety requirements when there is no longer 60 feet of clear space between the building and the property line. In terms of landscaping, the existing configuration of the parking lot does not conform to current standards in that it is missing required landscape islands every 15 parking spaces and perimeter landscaping is not being provided along portions of the southern property line. These site related deficits can be cured through PD conditions. Similar to Lot 1R, there appears to be significant overages in other levels of landscaping to compensate for the lack of perimeter and parking lot landscaping. Finally, clarification is needed as to the future of the existing historic grocery store structure (circa 1932) located at the corner of Bethel Road and Freeport Parkway. Consideration may be given to relocating this structure from this property to a site in Old Coppell. ITEM # 5 PAGE 4 of 5 Lot 4R – New Office Warehouse, Building D A 90,000 square foot building with 50% office and 50% warehouse is proposed to front on Freeport Parkway. The dock-high loading area will face internal to the site. This building will be architecturally compatible with the three other new buildings on the site. However, this lot appears to be significantly short of both perimeter and non-vehicular landscaping, which different than other lots, this deficient is not being compensated for elsewhere within the lot. But, similar to several of the other properties, given the proposed location of the new lot lines, only 40 foot setback from the north property line is being provided. This is in conformance with the zoning regulations, but may impose additional building/fire code conditions as discussed on the other sites. Consideration may be given to reducing the size of the building to provide for the 60 foot clear space which also will allow for additional landscape opportunities. Revised Tree Survey and Landscape Plans for this project were submitted late. Although the revised plans were more compliant than the original submittal, they still do not adhere to all the provisions of the Landscape Ordinance and will need to be revised prior to council consideration. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-229-LI Minyard Addition (KTR Capital), subject to the following conditions: 1) The applicant providing additional analysis to address the potential building/fire code issues when new lot lines are placed less than 60 feet from existing and proposed buildings (Lots 2R, 3R and 4R). 2) Submittal of Revised Tree Survey and Mitigation Plan in accordance with the requirements of the Zoning Ordinance. Revise Landscape Plan as necessary. 3) Submission of additional data as to the functionality of the “S” curve in the proposed eastern most driveway to accommodate fire trucks. 4) Submission of elevation details for the proposed screening wall on Building “A”. 5) Review the locations of the FDC (fire department connections) which need to be located between 3 to 6 feet from fire lanes, within 50’ of a fire hydrant and must be detached from the buildings. 6) Relocate the existing Fire Hydrant west of Building D to be within a landscape island. 7) Provide water as-builts for existing property for reference. 8) The proposed building should not use existing fire pumps. 9) Clarification is needed as to the future of the existing historic grocery store structure (circa 1932) located at the corner of Bethel Road and Freeport Parkway. 10) Contact Jeff Curry at 972-888-1330 to discuss electric service requirements. ITEM # 5 PAGE 5 of 5 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 (1 Page) 4) Elevations (4 Pages) Tree No.Cal. In.TreeRemove101 4 Chinese Pistache102 4 Chinese Pistache103 4 Chinese Pistache104 4 Chinese Pistache105 4 Chinese Pistache106 4 Chinese Pistache107 4 Live Oak108 4 Live Oak109 4 Live Oak110 4 Crepe Myrtle111 4 Crepe Myrtle112 4 Crepe Myrtle113 4 Crepe Myrtle114 22 Live Oak115 18 Pecan X116 5 Bradford Pear117 6 Bradford Pear118 4 Bradford Pear119 4 Bradford Pear120 36 Pecan121 12 Cedar Elm122 6 Bradford Pear123 6 Bradford Pear124 6 Bradford Pear125 12 Live Oak126 7 Cedar Elm127 18 Live Oak128 7 Cedar Elm129 7 Live Oak130 7 Red Oak131 7 Red Oak132 7 Red Oak133 7 Live Oak134 7 Bradford Pear135 14 Live Oak136 8 Lacebark Elm137 4 Lacebark Elm138 5 Lacebark Elm139 6 Lacebark Elm140 14 Live Oak141 16 Live Oak142 4 Crepe Myrtle143 4 Crepe Myrtle144 4 Crepe Myrtle145 4 Crepe Myrtle146 4 Crepe Myrtle147 20 Pine148 5 Chinese Pistache149 4 Crepe Myrtle150 5 Chinese Pistache151 5 Chinese Pistache152 5 Chinese Pistache153 5 Chinese Pistache154 5 Chinese Pistache155 5 Chinese Pistache156 6 Live Oak157 6 Live Oak158 20 Pine159 20 Pine160 20 Pine161 20 Pine162 5 Live Oak163 6 Live Oak164 5 Live Oak165 5 Live Oak166 36 Bradford Pear167 8 Bradford Pear168 8 Bradford Pear169 8 Cypress170 8 Cypress171 8 Cypress172 6 Tree Yaupon173 6 Tree Yaupon174 5 Pine175 5 Pine176 5 Pine177 5 Pine178 5 Pine179 5 Pine180 5 River Birch181 5 River Birch182 5 River Birch183 8 CypressTree No.Cal. In.TreeRemove184 8 Cypress185 8 Cypress186 8 Cypress187 6 Cypress188 6 Cypress189 6 Cypress190 4 Cypress191 20 Pine192 24 Live Oak X193 16 Live Oak X194 18 Live Oak X195 6 Live Oak X196 16 Live Oak197 10 Live Oak198 18 Live Oak199 5 Bradford Pear200 6 Bradford Pear201 4 Bradford Pear202 5 Bradford Pear203 5 Pine X204 5 Pine X205 5 Pine X206 5 Pine X207 5 Pine X208 7 Lacebark Elm X209 6 Lacebark Elm X210 6 Lacebark Elm X211 6 Lacebark Elm X212 6 Live Oak213 6 Lacebark Elm X214 6 Lacebark Elm X215 6 Live Oak216 6 Live Oak217 6 Lacebark Elm X218 6 Lacebark Elm X219 6 Lacebark Elm X220 6 Lacebark Elm X221 8 Willow222 4 Pine223 4 Pine224 4 Pine225 4 Pine226 4 Pine227 4 Pine228 4 Pine229 4 Pine230 4 Pine231 4 Pine232 10 Live Oak233 10 Live Oak234 10 Live Oak X235 4 Pine X236 4 Pine X237 10 Live Oak238 8 Live Oak239 16 Live Oak240 5 Lacebark Elm241 6 Live Oak242 10 Live Oak243 13 Live Oak244 6 Lacebark Elm245 6 Lacebark Elm246 6 Lacebark Elm247 6 Lacebark Elm248 6 Lacebark Elm249 6 Lacebark Elm250 4 Lacebark Elm251 4 Lacebark Elm252 4 Lacebark Elm253 4 Lacebark Elm254 6 Lacebark Elm255 6 Lacebark Elm256 6 Lacebark Elm257 6 Lacebark Elm X258 8 Cypress259 8 Live Oak260 8 Live Oak261 5 River Birch262 5 River Birch263 5 River Birch 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 August 14, 2007 12 ✔ PUBLIC HEARING Consider approval of the Minyard Addition (KTR Capital) Lots 1R, 2R, 3R and 4R, Block 1, Replat, being a replat of Lots 1 and 2, Block 1, of the Minyard Addition, to establish building sites, fire lanes and easements to allow the retention and expansion of the existing office/warehouse and office buildings and to allow the construction of four office/warehouse buildings on 79.53 acres of property located at the southwest corner of Freeport Parkway and Bethel Road. The following P&Z conditions remain outstanding: 1) Submission of written approval from TU Electric allowing for the construction of building over their existing easement or and instrument abandoning the easement. 2) Submission of a property owner's association document addressing maintenance of water, sanitary sewer and drainage. 3) Contact Jeff Curry at 972-888-1330 to discuss electric service requirements. On July 19, 2007, the Planning Commission unanimously recommended approval of this replat (6-0), subject to the above-stated conditions. Commissioners Haas, Kittrell, Borchgardt, Fox, Reese and Frnka voted in favor, none opposed. Staff recommends APPROVAL. @03MA, (KTR), Lts 1R-4R, B1, RP, 1-AR CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Minyard Addition (KTR Capital) Lots 1R, 2R, 3R and 4R, Block 1, Replat P&Z HEARING DATE: July 19, 2007 C.C. HEARING DATE: August 14, 2007 STAFF REP: Marcie Diamond, Assistant Director of Planning LOCATION: Southwest corner of Freeport Parkway and Bethel Road SIZE OF AREA: 79.53 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: Minor plat approval to establish building sites, fire lanes and easements to allow the retention and the expansion of the existing office/warehouse and office buildings and to allow the construction of four office/warehouse buildings. APPLICANT: Owner: Engineer: Mathew Taylor Steven Heniford, P.E. KTR Coppell, L.L.C. Jones & Cater, Inc 300 Barr Harbor Drive 3030 LBJ Freeway #910 Conshohocken, PA 19428 Dallas, Texas 75234 484-530-1800 972-488-3880 484-530-1888 972-488-3882 HISTORY: This property was platted into two lots in 1996 at the time the 240,000 square expansion to the warehouse was built. Various utility and drainage easements were established at that time. The St. Louis & Southern Railway easement was also indicted on the plat for the Minyard Addition, lots 1 and 2. TRANSPORTATION: Bethel Road is under construction to be a 4-lane divided thoroughfare within 90 feet of right-of-way. Freeport Parkway is a 4-lane divided thoroughfare built within 90 feet of right-of-way. SURROUNDING LAND USE & ZONING: North – vacant land and office/warehouse; PD-185R-LI and PD-186R7-LI, ITEM #6 PAGE 1 of 3 South – vacant land and Haverty’s; LI (light Industrial) East – Hard-8 BBQ and office/warehouses; PD-211-H and LI (light Industrial) West - US Post Office Bulk Mail Center; LI (light Industrial) COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan shows the property as suitable for light industrial/showroom uses. DISCUSSION: This property was originally platted as two lots in the mid-1990’s. This original plat included various utility easements, a large storm water retention area in the western portion of the site, and two St. Louis & Southwestern Railway spur easements. These rail road spurs extended from the DART R.O.W., which abuts the property along the south property line, northward through the property to Bethel Road. The applicant has stated that this easement has been abandoned, and the spur is now private. A copy of the separate instrument that abandoned this easement needs to be submitted. This property is being proposed to be replatted into four lots with various mutual access easements/fire lanes to allow for internal circulation as well as access to abutting streets. These irregularly shaped lots appear to have been configured to provide the minimum amount of required parking per lot, but may result in additional building/fire code requirements as discussed in the PD. The site plan also indicates construction of new buildings and parking areas over an existing 15’ T.U. electric easement which was dedicated in 1997. If this easement still exists, approval from the electric company will be required. If this easement has since been abandoned, then a copy of this abandonment instrument needs to be submitted. Finally, as discussed in the PD, included in this development are two new driveways from Bethel Road. While the locations are acceptable, there appears to be an issue with the configuration of the eastern most driveway once it enters the property. This driveway is also a designated fire lane, and the proposed “S” curve appears to be too tight for fire apparatus and vehicles to access this property and provide adequate protection. ITEM #6 PAGE 2 of 3 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Minyard Addition (KTR Capital) Lots 1R, 2R, 3R and 4R, Block 1, Replat, subject to the following conditions: 1) Submission of a copy of the separate instrument that abandoned the existing St. Louis & Southwestern Railway spur easements, as filed in Volume 374, pg. 278 of D.R.D.C.T. 2) Submission of written approval from TU Electric allowing for the construction of building over their existing easement or and instrument abandoning the easement. 3) Submission of a property owner's association document addressing maintenance of water, sanitary sewer and drainage. 4) Either demonstrate the “S” curve will work in the new driveway or reconfigure (Refer to discussion in the PD). 5) 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 ATTACHMENTS: 1) Replat ITEM #6 PAGE 3 of 3 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING August 14, 2007 13 ✔ PUBLIC HEARING Consider approval of Case No. PD-228-HC, Vista Ridge Retail, zoning change from HC (Highway Commercial) to PD-228-HC (Planned Development-228-Highway Commercial) to establish a Concept Plan for retail and restaurant uses on 14.8 acres of property, and to attach a Detail Site Plan to allow the development of a grocery store with restaurant, convenience store with fuel sales & drive-through and retail uses on approximately 11 acres of property, located at the northeast corner of S.H. 121 and Denton Tap Road. The following P&Z conditions remain outstanding: 1) Approve grocery store lot 6 parking as shown (15 space reduction). 2) Detail landscaping for lots 1-4 will closely follow Concept Plan. 3) Approve grocery landscaping with 26 additional trees in lieu of 7,400 square feet of landscape area. 4) Approve landscape shortage on lots 5, 6, 7 of 4,000 square feet by providing additional 37 trees over code requirement. 5) Approve landscape plans for lots 5, 6, 7 as shown with modifications listed above. 6) Approve sign locations on lots 5, 6, 7 at this time; reserve decisions on other lots until detail plans are submitted. 7) Provide lot 5 canopy plans to include dimensions, materials, lighting and that the color of the canopy match the color of the main building. 8) Submit for staff review the TIA prepared by the applicant prior to the August 14, 2007 City Council meeting. On July 19, 2007, the Planning Commission unanimously recommended approval of this zoning change (6-0), subject to the above-stated conditions. Commissioners Haas, Kittrell, Borchgardt, Fox, Reese and Frnka voted in favor, none opposed. Staff recommends APPROVAL. @04PD-228-HC. VR Retail, 1-AR ITEM #7 PAGE 1 of 7 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: PD-228-HC, Vista Ridge Retail P&Z HEARING DATE: July 19, 2007 C.C. HEARING DATE: August 14, 2007 STAFF REP: Gary L. Sieb, Director of Planning LOCATION: Northeast corner of S.H. 121 and Denton Tap Road SIZE OF AREA: 14.8 acres of property CURRENT ZONING: HC (Highway Commercial) REQUEST: Zoning change request from HC, Highway Commercial to PD-228- HC (Planned Development-228-Highway Commercial) to establish a Concept Plan for retail and restaurant uses on 14.8 acres of property and to attach a Detail Site Plan to allow the development of a grocery store with restaurant, convenience store with fuel sales & drive-through and retail uses. APPLICANT: Developer: United Commercial Development David Dunning 7001 Preston Road Suite 500 Dallas, Texas 75205 (214) 224-4604 Fax: (214) 219-2080 Engineer: Winkelmann and Assoc. Michael D. Clark, PE 6750 Hillcrest Plaza Drive Suite 100 Dallas, Texas, 75230 (972) 490-7090 Fax: (972) 490-7099 ITEM #7 PAGE 2 of 7 HISTORY: In February of 1998, Presbyterian Hospital was granted Site Plan approval on this 14.8 acre parcel (which has since expired) that allowed two buildings—a 75,000 square foot ambulatory care facility and a 45,000 square foot medical office. In September of 2004, in conversations regarding an adjacent development, staff was advised that the hospital use was still envisioned for this property, but in subsequent conversations we have learned that the hospital is no longer contemplated here, thus the zoning/use change before you now. In October of 2004, Council approved the development of several one and two story general and medical office buildings on 7.7 acres of property just east of this request. That property has been partially developed with those proposed uses, and leases for occupancy is underway with some buildings now leased up. TRANSPORTATION: Denton Tap Road is a P6D, six-lane divided thoroughfare (120 feet of right–of-way). Highland Drive is in the city of Lewisville and has been developed to Lewisville standards in a 75 foot right-of-way. State Highway 121 has been developed to freeway standards, contains one-way service roads, each 33 feet wide, within 450 feet of right-of-way. SURROUNDING LAND USE & ZONING: North –single-family residences/church; city of Lewisville South –State Highway 121; city of Lewisville East-developed office/medical buildings; HC, Highway Commercial West –vacant land; HC, Highway Commercial COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 as amended shows the property as suitable for regional retail uses. DISCUSSION: This proposal outlines seven lots on a 14 acre site, and includes a variety of uses ranging from a Market Street grocery store, a gas station, a retail strip center and several bank and restaurant pad sites. In addition, two detention ponds are proposed to address run-off concerns. Initial development will include Lots 5, 6 and 7 and use of each is described below. USES The development will occur in phases, with Phase One to include a 69,800 square foot grocery store on a 6.9 acre site, a 20,000 square foot retail strip building on a 2.9 acre parcel, and a 2,300 ITEM #7 PAGE 3 of 7 square foot gas station/restaurant on 1.2 acres. As envisioned, the gas station will double as a convenience store noted as “A Taste of Market Street”. The station is proposed to have five pump islands protected by a canopy. The exhibits provided by the developer did not show the design, material, height, size, lighting, etc. of the canopy and that needs to be provided no later than the Commission hearing date. Staff will evaluate the canopy information at that time. The grocery store is shown to have a 6,700 square foot outdoor dining area in addition to the store itself. It also has a drive-thru facility on the east side of the building. In addition, the store is shown to have enhanced entry paving to assist in off-setting the landscape deficiency which will be discussed under the “Landscape” heading. The gas station is a 2,300 square foot building and includes the “Taste of Market Street” food service. On the east side of the building, a drive-up lane has been provided to accommodate drive-thru users picking up food orders. There are at least 5 stacking spaces shown, as required by code. The retail building in Phase One is proposed to be an “L” shaped, 20,000 square foot structure. At the present time no known leases have been announced for this addition, although a drive-thru lane has been provided on the north side of the building. This would suggest some sort of restaurant, cleaners, etc. use is being contemplated here. The Zoning Ordinance calls for any retail building over 5,000 square feet to provide one loading space of 12 by 30 feet. This building does not provide one. There are two detention ponds on this site to address drainage concerns and each has a stone retaining wall that matches the building materials of the structures proposed. Each also has a 42 inch decorative metal fence on top. All buildings in Phase One have minimum 60 foot setbacks along Denton Tap and Highland Drive and each building is at least 60 feet away from an adjacent one. PARKING Parking for the gas station is shown to be 12. Minimum station parking is 6 and the additional spaces are provided for walk-in traffic. The retail building site contains 135 spaces (101 would be code requirement) but no loading space is shown, as is required for any retail building exceeding 5,000 square feet. The final building shown for Phase One is the grocery store. Parking required of the store itself is 349. Site parking for the store shows 401. However, because the grocery also shows an outdoor dining area of 6,700 feet, 68 spaces in addition to the 349 would be required by code. Therefore, the 401 spaces are technically 16 ITEM #7 PAGE 4 of 7 short of requirement. Staff believes 401 spaces for the grocery is sufficient and would recommend their approval through the PD zoning process. Taking all proposed uses into consideration the Plan shows 530 spaces as required and notes that 548 spaces are being provided in Phase One. The addition of a loading space for the retail outlet seems relevant, and will be a condition of staff approval. LANDSCAPING Here’s where thing get a bit complicated. Our perimeter landscaping ordinance requires a minimum of 15 feet of landscaping along streets (this plan complies) and 10 feet of landscaping on interior lot lines. That means landscaping of 20 feet (10 feet on each property line) is required between lot lines. This application has generally taken that into consideration and although the landscaping is not immediately adjacent to the interior lines, the detention ponds, tree islands, and landscape areas serve that purpose, and are allowed to count as perimeter by code. Therefore, perimeter landscaping complies (primarily on lot 6) IF the concept shown for lots 1 through 4 is followed in Detail submittal. We assume that will occur when detailed plans are submitted for these lots, and is a condition for staff approval. Phase One lots 5, 6, and 7 are in for Detail PD approval. Lots 1-4 have also provided preliminary landscape data and staff analysis reflects that compliance with our landscaping ordinance is shown on these conceptual plans. Lot 5 is short of non-vehicular open space by 195 feet. In calculating landscape requirements, the applicant erroneously figured overall site square footage to be 49, 428 square feet when it should have been 51,401. However, there is an overage of 974 feet of interior landscaping, so from a staff perspective, Lot 5 complies with our ordinance. Lot 6 is short of required non-vehicular open space by almost 7,400 square feet (7,361). That figure is arrived at by giving credit for and counting the concrete paver outdoor dining area of 6700 square feet as “enhanced landscaping”, a policy we have utilized in the past. This site is proposing 26 trees over ordinance requirements, and being a PD an exception to the required non- vehicular landscaping can be granted. The question to be addressed is if the 26 additional trees compensates for the 7,400 square foot shortage of non-vehicular open space. Lot 7 is the retail lot and it complies with all elements of the ordinance except front yard requirements. The ordnance states 50% of landscaping must be in the front yard, and on this site the applicant is 2,700 square feet short. However, overall this lot is ITEM #7 PAGE 5 of 7 2,500 square feet over the amount of landscaping required by the Zoning Ordinance—it’s just in the wrong place! That being the case, staff can support this retail proposal assuming the loading issue is resolved. That said, overall the three sites in for detail approval are almost 4,000 square feet short of required landscaping. However, the applicant has addressed that issue by providing 37 trees more than code would require. The decision to be made here is to determine how comfortable we are trading off required landscape area for more trees. One minor comment regarding landscaping: the common and scientific name of Texas Ash needs to be reversed in the Plant Table on Sheet L-1. SIGNAGE The signage package is in general conformance with our ordinance requirements. Two sign types are proposed; two multi- tenant signs of 60 square feet each are shown on Lots 6 and 7. Each lot is at least two acres in size, so these signs conform to code relative to size, setback, and material. They do not conform to the 75 foot minimum property line spacing. The plan also shows monument signs of 40 square feet each for lot 5 and all conceptual development sites. Five signs are identified on the plan. These signs meet size, setback, and material code requirements, but lots 3 and 4 do not meet the 75 foot requirement. Because lots 1-4 are conceptual, and lot dimensions have not been finalized, it is possible that these signs can be made to conform to code when detailed plans are submitted. For lots 5, 6, and 7 a modification to the ordinance is requested and is reflected in staff conditions. Attached signage on the gas station is proposed for all four sides. We can support only the 33 square foot sign shown on the front (west) side of the station. The other signs are somewhat superfluous, and will not be seen with build-out of adjacent buildings. The attached signage for the grocery store and retail building is appropriate. We support the signage package with the understanding that all attached signs will conform to code. BUILDINGS The three buildings shown for Phase One development are generally well designed, have somewhat of a uniformity that conveys a sense of unified development and include building materials that compliment what has already been built in ITEM #7 PAGE 6 of 7 Coppell. Floor plans have been requested so we can evaluate overall code requirements regarding parking, fire code stipulations, use, and other concerns. A condition of approval will address that request. The gas station needs work. It is less that 80% masonry as the upper elevations are shown to be EFIS. This building is somewhat out of sync with the rest of the proposal and should reflect the same building material as the grocery and retail building. We propose elimination of the EFIS and addition of the same materials used on the other structures. We assume that the vacant parcels will eventually be developed in a like manner and utilize the same building materials, scale, signage, landscaping and sense of identity. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request based upon the following conditions: 1. Provide one loading space on retail lot 7. 2. Approve grocery store lot 6 parking as shown. 3. Detail landscaping for lots 1-4 will closely follow Concept Plan. 4. Approve grocery landscaping with 26 additional trees in lieu of 7,400 square feet of landscape area. 5. Approve landscape shortage on lots 5, 6, 7 of 4,000 square feet by providing additional 37 trees over code requirement. 6. Approve landscape plans for lots 5, 6, 7 as shown with modifications listed above. 7. Approve sign locations on lots 5, 6, 7 at this time; reserve decisions on other lots until detail plans are submitted. 8. Lot 5 gas station attached sign on front of building only. 9. Need floor plans of all building on lots 5, 6, 7. 10. Provide lot 5 canopy plans to include dimensions, materials, lighting, color, etc. 11. Gas station needs to reflect same building material as other structures, eliminate vast amounts of EFIS. 12. Provide water to lots 2 and 3. 13. The 8 inch water line along S.H. 121 and Highland was built by the developer to the east. Engineering is in the process of creating a pro rata agreement. 14. Reverse the common and scientific name of Texas Ash on Sheet L-1 ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Recommend taking the request under advisement to a future date. ITEM #7 PAGE 7 of 7 ATTACHMENTS: 1) Zoning Exhibit/Concept Plan (CON) 2) Concept Landscape Plan (L-1) 3) Concept Landscape Plan (L-2) 4) Concept Landscape Plan (L-3) 5) Site Plan (CSP) 6) Landscape Plan Lots 5, 6, 7 (L-1A) 7) Landscape Plan Lots 5, 6, 7 (L-2A) 8) Concept Elevations (EL-02, Sheet 1) 9) Concept Elevations (EL-02, sheet 2) WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING August 14, 2007 14 ✔ PUBLIC HEARING Consider approval of the Vista Ridge Retail, Lots 1AR-7, Block A, Replat, being a replat of Lot 1A, Block D, Vista Ridge Addition, to establish fire lanes, access and utility easements to allow the development of retail and restaurant uses on 14.8 acres of property, located at the northeast corner of S.H. 121 and Denton Tap Road. The following P&Z conditions remain outstanding: 1) Contact Jeff Curry at (972) 888-1330 to discuss electric service requirements 2) Provide property owner’s association document for maintenance of water and storm sewer lines on private property. 3) Procure TXDOT approval for driveway access from State Highway 121. . On July 19, 2007, the Planning Commission unanimously recommended approval of this zoning change (6-0), subject to the above-stated conditions. Commissioners Haas, Kittrell, Borchgardt, Fox, Reese and Frnka voted in favor, none opposed. Staff recommends APPROVAL. @05VR Retail, L1AR-7, BA, RP, 1-AR ITEM # 8 PAGE 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Vista Ridge Retail, Lots 1AR-7, Block A, Replat P&Z HEARING DATE: July 19, 2007 C.C. HEARING DATE: August 14, 2007 STAFF REP: Gary L. Sieb, Director of Planning LOCATION: Northeast corner of S.H. 121 and Denton Tap Road SIZE OF AREA: 14.8 acres of property CURRENT ZONING: HC (Highway Commercial) REQUEST: Replat approval to establish lot lines, fire lanes, access and utility easements to allow the development of retail and restaurant uses. APPLICANT: Developer: United Commercial Development David Dunning 7001 Preston Road Suite 500 Dallas, Texas 75205 (214) 224-4604 Fax: (214) 219-2080 Engineer: Winkelmann and Assoc. Michael D. Clark, PE 6750 Hillcrest Plaza Drive Suite 100 Dallas, Texas 75230 (972) 490-7090 Fax: (972) 490-7099 ITEM # 8 PAGE 2 of 3 HISTORY: This property was platted when Presbyterian Hospital was contemplated for this site. Now that the hospital is no longer planned here, the property is being considered for replatting to accommodate a number of different uses. TRANSPORTATION: Denton Tap Road is a P6D, six-lane divided thoroughfare (120 feet of right–of-way). Highland Drive is in the city of Lewisville and has been developed to Lewisville standards in a 75 foot right-of-way. State Highway 121 has been developed to freeway standards, contains one-way service roads, each 33 feet wide, within a 450 foot right-of-way. SURROUNDING LAND USE & ZONING: North-single-family residences/church; city of Lewisville South-State Highway 121; city of Lewisville East –developed office/medical buildings; HC, Highway Commercial West –vacant land; HC, Highway Commercial COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended, shows the property as suitable for regional retail uses. DISCUSSION: This replat would allow the development of this property to proceed. The initial development is proposed to be a gas station/restaurant, grocery store, and retail strip on lots 5, 6, and 7 respectively. The remainder of the lots are speculative, but show potential users to be banks and additional restaurants. Provided the zoning change has been accepted, this replat can be approved subject to a number of conditions elaborated upon below. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this replat subject to the following conditions: 1. Contact Jeff Curry at (972) 888-1330 to discuss electric service requirements 2. Insure location of access drive on Lot 4 aligns with existing access drive on lot to the east. 3. Provide property owner’s association document for maintenance of water and storm sewer lines on private property. 4. Procure TXDOT approval for driveway access from State Highway 121. ITEM # 8 PAGE 3 of 3 ALTERNATIVES: 1) Recommend approval of the request 2) Recommend denial 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 ȱ PLANNING August 14, 2007 15 ✔ PUBLIC HEARING Consider approval of Case No. PD-108R8-H, The Village at Old Coppell, zoning change from H (Historic), PD-108-H (Planned Development-108-Historic) and PD-108R5-H (Planned Development-108-Revised-5-Historic) to PD-108R8-H (Planned Development-108-Revised-8-Historic) to attach a concept plan for seven lots on approximately 10.4 acres and a detail plan for two 21,050-square- foot two-story retail/hotel buildings on two 1.15 acre lots, a 25,141-square-foot two-story event/conference center on a 2.8 acre lot, and a 7,812-square-foot pet bed/breakfast on a 1.04 acre lot, located along the east side of Coppell Road, approximately 250 feet south of Bethel Road. The following P&Z conditions remain outstanding: 1) Include side elevations for the hotel/retail buildings and correctly label all materials and colors to be used on black and white elevations (garage door materials). 2) Coordinate with the Fire Department for proper FDC and fire hydrant locations and indicate on the Site Plan. 3) The benches along Coppell Road will need to be coordinated with the Engineering Department for relocation after Coppell Road is improved. 4) Coordinate with the Parks Department for relocation of irrigation taps and meters and proper placement of trees and shrubs abutting the Service Center property. 5) Combine the Tree Survey with the Landscape Plan and retitle - "Landscape Plan/Tree Survey". 6) All utilities will be evaluated further during Engineering Plan review. 7) Contact the Animal Shelter and Adoption Center for boarding permitting and procedures. On July 19, 2007, the Planning Commission unanimously recommended approval of this zoning change (6-0), subject to the above-stated conditions. Commissioners Haas, Kittrell, Borchgardt, Fox, Reese and Frnka voted in favor, none opposed. Staff recommends APPROVAL @06PD-108R8-H, The V at OC, 1-AR ITEM # 9 PAGE 1 of 7 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: PD-108R8-H, The Village at Old Coppell P&Z HEARING DATE: July 19, 2007 C.C. HEARING DATE: August 14, 2007 STAFF REP: Matt Steer, City Planner LOCATION: East side of Coppell Road, approximately 250 feet south of Bethel Road SIZE OF AREA: 10.4 acres of property CURRENT ZONING: H (Historic), PD-108-H (Planned Development-108-Historic) and PD- 108R5-H (Planned Development-108-Revised-5-Historic) REQUEST: Zoning change request to PD-108R8-H (Planned Development- 108-Revised-8-Historic) to attach a concept plan for seven lots on approximately 10.4 acres and a detail plan for two 21,050 sq. ft. 2- story retail/hotel buildings on two 1.15 acre lots, a 25,141 sq. ft. 2- story event/conference center on a 2.8 acre lot, and a 7,812 sq. ft pet bed/breakfast on a 1.04 acre lot. APPLICANT: Applicant: Architect: Donna Kolberg Roger (Skip) Blake D&D LTD. Blake Architects 2400 Dallas Parkway, Suite 560 1202 S White Chapel Road, Suite A Plano, Texas 75093 Southlake, Texas 76092 214.704.0808 817.488.9397 Fax: 972.462.0895 Fax: 817.251.3205 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 ITEM # 9 PAGE 2 of 7 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. Recently, on July 10, 2007, a residential amendment to the PD was approved for 20 acres adjacent to Denton Tap and east 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. On January 11, 2005, the base zoning of this area was rezoned to H (Historic), which incorporated specific development standards and use regulations. On July 12, 2005, PD-108R6-H (Planned Development-108 Revision 6-Historic), was approved to allow the development of two medical and office buildings totaling 33,108-square feet on the south side of Bethel Road, approximately 185 feet east of Coppell Road. The first of these two medical office buildings has been constructed and is currently occupied. TRANSPORTATION: Coppell Road is a two-lane unimproved asphalt roadway within a variable width right-of-way. This will eventually be improved to a 34’ two-lane concrete street with angled, on-street parking, 17’ depth on both sides, 6’ green space and a 5’ sidewalk. SURROUNDING LAND USE & ZONING: North – residential; H (Historic) South – railroad; H (Historic) East – park/open space; PD-108-H (Planned Development-108- Historic) West – vacant; H (Historic) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for a use allowed in the Historic District (retail, hotel, convention center and pet bed & breakfast uses are allowed). DISCUSSION: Site Plan: This is an overall conceptual plan request for the entire seven lot site and a request for detail plan approval for four sites (Lots 2, 3, 4 & 6). The site design is compatible with the Historic District Design Guidelines and what is envisioned for Old Coppell. The majority of the buildings are situated close to Coppell Road with the parking located in the rear. In contrast, the event center is ITEM # 9 PAGE 3 of 7 setback off Coppell Road, but this provides for a large landscape area in front and makes the building the focal point, off the main entry. The first phase, or Lot 3, is proposed as an event center. The parking for this 25,141 sq. ft. building is based on seating (similar to a church or place of worship), one parking space per three seats. The applicant is proposing to have 350 as the typical occupancy figure; therefore, 117 parking spaces would be required for standard operation. A cross parking agreement between each of these lots is proposed, which will cover any additional spaces needed for those special events that may have more than 350 guests. Phase Two, containing Lots 2 & 4, is proposed for a two-story hotel/retail building on each lot. The hotels are proposed on the second floor of each structure with the first floor reserved for retail. Parking required for a hotel is one space per bed. There are 28 total beds proposed; therefore, 28 total spaces are required and 28 are proposed. The total first floor area for both structures is 20,480 square feet, and each site depicts the required 51 spaces (1 space per 200 square feet, the standard retail parking ratio). The third phase, or Lot 6, is proposed to accommodate a 7,800 square foot pet bed & breakfast. Parking for this use is similar to a daycare use for children. One space is required per 10 children, or in this case, animals. Therefore, a maximum animal total of 78 would require 8 spaces, as is being provided. The remaining future, retail/restaurant spaces are showing parking at 1 per 200 square feet of building area, the standard retail parking ratio. Each of these “future” sites will require detail plan approval prior to development. A reevaluation of necessary parking for the overall development and each individual “future” site’s parking needs will be done at that time. Landscape Plan: The current request will grant detail landscape plan approval for the event center, the pet bed and breakfast and the two hotel/retail buildings. It will grant an overall conceptual landscape plan approval for the landscape areas, tree counts, and grants an exception to the 10’ perimeter landscaping required for each side of the internal lot lines on the entire site. Minor adjustments to the Landscape Plan can be made in the future for each of the lots not currently being requested for detail plan approval. These will be required to obtain detail site plan approval when their plans are finalized and a detail landscape plan will need to be included as part of that submittal. There were several concerns that have already been addressed on the landscape plan in previous meetings, but there are still some outstanding issues (resolved verbally) not currently depicted on the Landscape Plan. The first of these is the screening of the City’s Service Center property. This can be done with evergreen screening (Nellie R Stevens, 7-10 gal., 4’ to 5’ height at time of planting). This will provide some relief to the noise and other nuisances associated with the service center use. The applicant has agreed to include a hedge row along this property line along with the overstory trees already shown. The Landscape Architect will need to coordinate with the Parks Department for the placement, so as not to conflict with the existing foliage on the Service Center side. The applicant has also agreed to change the species of shrubs behind the event center from Elaeagnus to Nellie R. Stevens, and these need to be labeled as such on the ITEM # 9 PAGE 4 of 7 Landscape Plan. Each parking row requires a 150 square foot landscape island and a tree, and where there are double rows, 300 square feet and two trees are needed. Currently, the square footage is correct but only one tree is shown. This also needs to be accurately reflected on the Landscape Plan. Tree Survey: The tree survey submitted is incomplete and is already partially included within the Landscape Plan. There are some inconsistencies between the two plans and the trees documented. After these issues are resolved, the Tree Survey can be included in the Landscape Plan and it will need to be retitled to “Landscape Plan/Tree Survey”. Elevations: The elevations of the two-story event center (48.5’ in height, measured to the peek) are similar to plantation style architecture. The predominant material is a red brick completely covered with mortar and from a distance will look off- white with a hint of red. White fluted Corinthian columns are proposed, although the elevations currently show smooth columns. Each elevation of the building depicts a balcony with white balusters of the same material as the columns. These are labeled “Worthington balusters” and “Worthington columns”, a polyurethane synthetic material to resemble either wood or stone (a sample will be brought to the meeting). Staff is still unclear as to which natural material this is supposed to represent. Each elevation shows faux- multipaned vinyl windows, and these will need to be revised to show external mullions as outlined in the Old Coppell Design Guidelines. The elevations of the two two-story retail/hotel buildings (41.5 feet in height, measured to the peek) have a traditional storefront design, but do not have much uniformity in materials or style of architecture. The elevations of each individual section have been broken out with the colors and materials listed for each. Staff is recommending that some of the materials be replaced with the predominant “Town Square” brick shown on the buildings, and that each section be constructed of one primary material with only accents being different (not the first floor of one material with the second floor of another). Some of the architectural detailing and fixtures should be changed to achieve some uniformity (i.e. the sign lighting changed to match the style of sconces used, the columns shown should match each other, the balusters and railing on each balcony should match, etc…) The signage areas and awnings shown are compatible with the architecture of each storefront and are consistent with the Design Guidelines for the H District. The second floor shows faux-multipaned vinyl windows, and these will need to be revised to show external mullions as outlined in the guidelines. A compromise to this requirement might be only depicting these on the front elevations. The applicant has agreed to remove any shutters depicted that don’t actually “fit the window” as required in the Historic District (two sets are still depicted). Per the applicant, the balusters for the hotel balconies are proposed to be constructed of black wrought Iron, not the fiberglass indicated on the elevations. This will need to be labeled correctly on the black and white elevations. Although still depicted on the elevations, there are not any quoins proposed and these will need to be removed. All in ITEM # 9 PAGE 5 of 7 all, the elevations of the retail/hotel building need some revisions to the materials and architectural style, but staff is willing to work with the applicant and architect to make this product more uniform in both respects. The pet bed and breakfast (37.5’ in height, measured to the peek) is consistent with the design guidelines. The materials are predominantly brick with scalloped siding in the gables and scalloped shingle on the roof. The materials of the entrance are not labeled and are not known to staff. This will need to be addressed at the meeting. The Miscellaneous Items: The elevations for the majority of the accessory structures are included on the miscellaneous detail sheet page 7, although all are shown incorrectly. This shows the sign tower, gazebo, brick fence, light pole and dumpster enclosure. According to the applicant, the gazebo will also include “Town Square” brick and a cast stone sign along the bottom reading “The Texas Belle” not currently depicted. Staff has spoken with the applicant and understands that the sign tower will be scaled down substantially and the materials will be shown correctly. Detached signage is not allowed in the H District, but staff feels that a revised sign tower and gazebo will add to the site, not detract from it, once all the adjustments are made. The 6’ wall around the event center is shown, but the applicant has agreed to include more details with respect to its design. The lighting is not consistent with the Design Guidelines and will be revised to show the typical street light for the district. The dumpster enclosure will need to be revised to depict “Town Square” brick, not the split face block currently shown. The details for the water fountain, storage building and electrical court are not shown. These will need to be submitted to the Planning Department for review and administrative amendment to the Planned Development prior to obtaining a building permit for these. In conclusion, the overall development is what was envisioned for the area. Although there are numerous items that have yet to be addressed, staff does not feel that these are major obstacles and is willing to work with the applicant to help address these. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-108R8-H, subject to the following conditions: 1. Revise elevations of the event center to show Portland Cement Stucco in place of EFIS, and accurately label the window surrounds (cast stone not being proposed), relabel the “vinyl windows” to “vinyl windows with external mullions”, and label the decorative metal railing at the front and rear of the building. 2. Revise the elevations of the retail/hotel buildings to show more uniformity in architectural style and materials and correctly label all materials and colors to be used on black and white elevations (wrought iron in place of fiberglass balusters, remove quoins where not wanted, remove shutters that don’t fit the window, label garage door materials, etc…). ITEM # 9 PAGE 6 of 7 3. Revise the proposed entry feature/sign tower and gazebo on the black and white elevations to show the correct colors, materials, and dimensions (including sign areas). 4. Ensure all buildings have a brick veneer at the foundation. Label on each elevation. 5. Revise Pet Bed and Breakfast black and white elevations to show all materials and colors, accurately depict the brick wall adjacent to the structure (6-8’ high), and reorient the page. 6. Revise Sheet 7 to accurately depict all fencing, dumpster enclosures, benches, lighting, walls, gazebos, electrical court screening…etc. Refer to the Old Coppell Design Guidelines. 7. Coordinate with the Fire Department for proper FDC and fire hydrant locations and indicate on Site Plan. 8. Details for the benches and lighting will need to match what has been approved for the Bethel Road project and the benches along Coppell Road will need to be coordinated with the Engineering Department for relocation after Coppell Road is improved. 9. Show dimensions of depth of the double row parking (19’ required) and depict two trees within each double island. If 18’ is proposed, this will need to be listed as a PD Condition on Site Plan. 10. Label the 6-8’ brick wall around the exercise yard of the pet bed and breakfast. 11. Include all bearings and distances of all property lines and include all existing and proposed easements accurately labeled. 12. List the PD Conditions on the Site Plan (Perimeter landscaping exception and detached sign exception). 13. Coordinate with the Parks Department for relocation of irrigation taps & meters and proper placement of trees and shrubs (Nellie R. Stevens) abutting the Service Center property. 14. Replace Elaeagnus with Nellie R. Stevens. 15. Include a note on Landscape plan that states that a 5-10’ landscape area will be temporarily provided between phases of construction. 16. Ensure tree list matches what is shown on the tree survey. 17. Double check all calculations and tree totals once plan revisions are made. 18. Combine the Tree Survey with the Landscape Plan and retitle – “Landscape Plan/Tree Survey”. 19. A property owner's association document is needed for maintenance of utilities on private property. 20. All utilities will be evaluated further during Engineering plan review. 21. Contact the Animal Shelter and Adoption Center for boarding permitting and procedures. 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 # 9 PAGE 7 of 7 ATTACHMENTS: Site Plan Event Center Elevations (2 pages) Retail/Hotel Elevations (2 pages) Pet Bed & Breakfast Elevations Detail Elevations Landscape Plan Tree Survey WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ ȱ PLANNING August 14, 2007 16 ✔ PRESENTATION Consider approval of the The Village at Old Coppell, Preliminary Plat, to allow the development of a seven lot, 10.4 acre development, located along the east side of Coppell Road, approximately 250 feet south of Bethel Road. The following P&Z conditions remain outstanding: 1) Contact Larry Redick at 972-323-8917 to discuss electric service requirements. 2) Water plan does not indicate their system as being private, not showing DDCV vaults. 3) Show FDC (fire department connections) on water plan. Must be within 50’ of a fire hydrant and on the same side of the fire lane. 4) Include lot numbers and block letter (A) on plan and within title block. 5) Show existing structures and site features, noting if structures are to remain, be relocated, or be removed. On July 19, 2007, the Planning Commission unanimously recommended approval of this zoning change (6-0), subject to the above-stated conditions. Commissioners Haas, Kittrell, Borchgardt, Fox, Reese and Frnka voted in favor, none opposed. Staff recommends APPROVAL @07The V at OC, PP, 1-AR CONDITIONS ADDED AT COUNCIL MEETING: 6) Submit a copy of the cross access/parking agreement and a property owners' association agreement for maintenance of private utilities. 7) A replat is required to be submitted including the entire Service Center property when the replat and final plat for this property is submitted. ITEM # 10 PAGE 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT The Village at Old Coppell, Preliminary Plat P&Z HEARING DATE: July 19, 2007 C.C. HEARING DATE: August 14, 2007 STAFF REP: Matt Steer, City Planner LOCATION: East side of Coppell Road, approximately 250 feet south of Bethel Road SIZE OF AREA: 10.4 acres of property CURRENT ZONING: H (Historic), PD-108-H (Planned Development-108-Historic) and PD- 108R5-H (Planned Development-108-Revised-5-Historic) REQUEST: Preliminary plat approval to allow the development of a seven lot, 10.4 acre development. APPLICANT: Applicant: Architect: Donna Kolberg Roger (Skip) Blake D&D LTD. Blake Architects 2400 Dallas Parkway, Suite 560 1202 S White Chapel Road, Suite A Plano, Texas 75093 Southlake, Texas 76092 214.704.0808 817.488.9397 Fax: 972.462.0895 Fax: 817.251.3205 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. Recently, on July 10, 2007, a residential amendment to the PD was approved for 20 acres adjacent to Denton Tap and east 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 ITEM # 10 PAGE 2 of 3 Westchase) was denied by City Council. This 37-acre tract was subsequently sold to the City of Coppell for future use. On January 11, 2005, the base zoning of this area was rezoned to H (Historic), which incorporated specific development standards and use regulations. On July 12, 2005, PD-108R6-H (Planned Development-108 Revision 6-Historic), was approved to allow the development of two medical and office buildings totaling 33,108-square feet on the south side of Bethel Road, approximately 185 feet east of Coppell Road. The first of these two medical office buildings has been constructed and is currently occupied. TRANSPORTATION: Coppell Road is a two-lane unimproved asphalt roadway within a variable width right-of-way. This will eventually be improved to a 34’ two-lane concrete street with angled, on-street parking, 17’ depth on both sides, 6’ green space and a 5’ sidewalk. SURROUNDING LAND USE & ZONING: North – residential; H (Historic) South – railroad; H (Historic) East – park/open space; PD-108-H (Planned Development-108- Historic) West – vacant; H (Historic) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for a use allowed in the Historic District (retail, hotel, convention center and pet bed & breakfast uses are allowed). DISCUSSION: This is the preliminary plat proposal for the Villages at Old Coppell. The purpose of this plat is to determine the overall lot layout and evaluate the preliminary utility and drainage plans. The applicant is proposing to dedicate approximately 15’ of right-of-way along Coppell Road for eventual improvements to this roadway. The existing drive leading to the Service Center is being relocated to the south and some of the utilities rerouted. Replatting of the Service Center property will be required once these lots are submitted for final platting/replatting. A 24’ fire lane, mutual access and utility easement is proposed throughout, and will provide mutual access internal to this development and connect in with the eventual fire lane on the north side serving the Old Town Medical Center. The proposed lot lines that follow the parking spaces required for each of the uses are not ideal but seem to work. Staff is also requesting the applicant to provide a cross parking agreement. All and all, the preliminary plat has done what it is supposed to do, flush out the major issues. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the Villages at Old Coppell Preliminary Plat subject to the following conditions: 1. Contact Larry Redick at 972-323-8917 to discuss electric service requirements. ITEM # 10 PAGE 3 of 3 2. Water plan does not indicate their system as being private, not showing DDCV vaults. 3. Show FDC (fire department connections) on water plan. Must be within 50’ of a fire hydrant and on the same side of the fire lane. 4. Include lot numbers and block letter (A) on plan and within title block. 5. Show existing structures and site features, noting if structures are to remain, be relocated, or be removed. 6. Submit a copy of the cross access/parking agreement and a property owners’ association agreement for maintenance of private utilities. 7. A replat is required to be submitted including the entire Service Center property when the replat and final plat for this property is 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. ATTACHMENTS: 1) Preliminary 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 August 14, 2007 17 ✔ ORDINANCE Consider approval of an Ordinance for 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, and authorizing the Mayor to sign. 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. On July 10, 2007, Council approved this amendment of the land use designation and this zoning change (4-1). Staff recommends APPROVAL. @08PD-108R7-SF-9, CC 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 AMENDING 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, ATTACHED HERETO AS EXHIBIT “A” AND FURTHER 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, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “B” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE CONCEPT PLAN, LANDSCAPING PLAN, SIDE YARD FENCING AND LANDSCAPE PLAN, ATTACHED HERETO AS EXHIBITS “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-108R7-SF-9 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: 1 TM 18849.2.000 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 amending 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 attached hereto as Exhibit “A” and further 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, for the property described in Exhibit “B” attached hereto and made a part hereof for all purposes. SECTION 2. That PD-108R7-SF-9 (Planned Development-108R7-Single Family-9), is hereby approved subject to the following special development regulations: A. General regulations 1. All development of the property shall be in accordance with the regulations set forth in the Coppell Zoning Ordinance, as amended, except as amended herein. 2. A Detail Plan shall be submitted and approved prior to the issuance of any building permits including detailed landscape plan, and table of lot sizes. 3. Any owner of a lot or common area may request a modification of the area regulations or building material adopted herein upon approval of the Planning and Zoning Commission and City Council after a public hearing noticed to the property owners within 200 feet of the affected lot or common area. 4. A homeowners association shall be established and shall be responsible for the maintenance of all park/open space areas. 5. All dwelling shall be accessed from a public street or front-entry, and no alleys shall be required. 2 TM 18849.2.000 6. Park development fees will of $1285/unit shall be required prior to the filing of the plat for the residential development of this property. B. Use Regulations - The permitted uses shall be as follows: 1. 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. C. Area Regulations 1. The following amended area regulations shall apply: a. Minimum Front Yard - The minimum depth of the front yard shall be twenty- five (25) feet. b. Minimum Rear Yard - The minimum depth of the rear yard shall be twenty (20) feet. c. Minimum Side Yard - The minimum depth of the side yard shall be eight (8) feet and the minimum side yard for 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.” d. Maximum Lot Coverage - The maximum lot coverage shall not be greater than thirty-five (35) percent of the gross lot area. e. Minimum Lot Width - The minimum lot width measured at the proposed building line shall be seventy-five (75) feet. f. Minimum Lot Depth - The minimum lot depth shall be one-hundred-twenty (120) feet. g. Minimum Lot Area - The minimum lot area shall be nine-thousand (9,000) square feet. 3 TM 18849.2.000 h. 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. i. Minimum Dwelling Unit - The minimum dwelling unit shall be thirty-two hundred (3,200) square feet. 2. Exception to the area regulations described above: a. 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). These lots shall be as depicted on the concept plan with an “*” D. Landscape and Screening Regulations 1. A Detail Landscape Plan shall be required with the Detail Site Plan and Preliminary Plat. 2. The landscape requirements shall be as defined by the Zoning Ordinance and depicted on the landscape plan. 3. 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. 4. The residential side yard fencing shall be a 6-foot ornamental fence with unified color and design throughout. In addition, shade trees shall be planted in as depicted on the “Side Yard Fencing Plan and Detail”. SECTION 3. That the property shall be developed and used in accordance with the SF-9 (Single Family-9) development standards under the Coppell Zoning Ordinance, except as amended in the special conditions as indicated on the Concept Plan, Landscaping Plan, Side Yard Fencing And Landscape Plan attached hereto as Exhibits “C”, “D”, and “E”; and made a part hereof for all purposes, are hereby approved. 4 TM 18849.2.000 SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be 5 TM 18849.2.000 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 08/03/07) 6 TM 18849.2.000 Legal 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. EXHIBIT “B” c i t y o f c o p p e l lPLANNING DEPARTMENTFrom: Public/InstitutionalTo: Residential Low Densityon approximately 11 acres X:\Projects LDD\07028\dwg\07028 CONCEPT PLAN 2007-05-21.dwg, CONCEPT PLAN, 7/17/2007 2:08:18 PM, tdilling, Dowdey, Anderson & Associates, Inc., TD REVISED:SHEETPLATE NO.:DRAWNDESIGNCHECKEDDATESCALEJOBDOWDEY, ANDERSON & ASSOCIATES, INC.11070281"=60'7/13/07MWAMWAJ. A. SIMMONS SURVEY, ABSTRACT NO 1296CITY OF COPPELL, DALLAS COUNTY, TEXAS WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Police August 14, 2007 18 ✔ ORDINANCE Consider approval of an ordinance of the City of Coppell, Texas, amending the Code of Ordinances by amending Chapter 9, Article 9-1, regarding Animal Services Advisory and Appeals Board, animal impounds and dangerous dog requirements; and authorizing the Mayor to sign. The amendments being made are necessary to maintain compliance with State and Federal Laws. These amendments include revisions to the animal appeals and advisory board; animal impounds and dangerous dog requirements. Staff will be available to answer questions. Staff recommends approval. )Animal Services MEMORANDUM TO: Interested Parties. FROM: Derrick Watson, Lieutenant. DATE: 07-31-2007. REF: Proposed Animal Control Ordinance Revisions. The following are proposed changes to the City of Coppell Code of Ordinances Chapter 9, Article 9-1 and explanations. Highlighted material would be removed and proposed change appears in red font. Sec. 9-1-1. Definitions. ..... D. Animals not listed: The animal control officer services manager or their designee may declare... It is requested that the language change be made to reflect current authorized job position. Sec 9-1-1 deals specifically with declaring a dog dangerous and it is preferred by the police department that the animal services manager play a part in that decision making process. ..... Sec. 9-1-2. Enforcement. ..... A. City manager shall designate employees as animal services officers who shall be assigned to the environmental health department police department It is requested that a language change be made to reflect the fact that animal services is now a responsibility of the police department. ..... Sec. 9-1-7. Revocation and denial of registration. ..... A. The animal control officer animal services manager or their designee may deny or revoke registration for an animal owned by a person who: It is requested that a language change be made to reflect the current authorized job position. (1) Has been convicted of Texas Penal Code, Article 42.11 Article 42.09,... It is requested that the Texas Penal Code reference be updated to reflect the correct Article. ..... Sec. 9-1-8. Animal Appeals and Advisory board. ..... Sec. 9-1-8. Animal services appeals board. Sec. 9-1-8. Animal Appeals and Advisory Board. A. There is hereby created the animal services appeals board comprised of the city health officer animal services manager, a veterinarian to be appointed by the city council and one resident of the city who shall not be an employee. The denial or revocation of registration may be appealed by filing with the animal service officer animal services manager or their designated representative... It is requested that the term "Advisory" be added to ensure compliance with Texas Health and Safety Code 823.005. .... E. The appeals board provided herein shall also act as the animal advisory committee which shall meet as prescribed by state law in order to insure compliance with Chapter 826 (Rabies Control Act of 1981), of the Texas Health and Safety Code, as amended. It is requested that the above language be added to ensure compliance with Chapter 826. ..... Sec. 9-1-10. Impoundment. ..... A. The following animals may be impounded: ..... 5. Any animal treated in a manner determined to be in violation of Texas Penal Code, Article 42.11 42.09 or 42.10, as amended. It is requested that the Texas Penal Code reference be updated to reflect current law. TPC 42.09 and 42.10 define offenses and penalties associated with cruel or inhumane treatment of animals. ..... Sec. 9-1-11. Redemption of animal. B. Impounded animals shall be held for five three days after the date of impoundment except any animal wearing a current registration and/or vaccination tag shall be impounded for seven seven days. If the owner of an impounded animal does not redeem it within the period of impoundment, disposition will be in accordance with this article. (Ord. No. 95687) It is requested that the impound time for unlicensed and unidentified animals be reduced from five days to three to expedite the adoption process for specific animals. It is quite common to receive litters of kittens and their mothers that were found and brought to the shelter by a person who is not their owner. ..... Sec. 9-1-12. Disposition of Animals. A. Except as provided herein, any animal not redeemed within the above-stated time periods after impoundment, or release from quarantine, shall become the property of the city and shall at the direction of the animal services officer animal services manager or their designee be placed for adoption, transferred to a bona fide humane society or humanely destroyed. It is requested that the above language be changed to reflect actual shelter operational policy that no animal is destroyed or transferred without animal services manager review and approval. ..... Sec. 9-1-13. Adoption of dogs and cats. ..... 2. The releasing agency, with the approval of the environmental health officer animal services manager, may refuse to allow a person to adopt an animal for any valid reason, including but not limited to, a person to whom the... It is requested that the above language be changed to reflect the actual structure of the animal shelter staff. ..... Sec. 9-1-14. Animal quarantine. ..... B. Quarantine shall be subject to the following conditions: ..... 2. The animal placed in quarantine shall not be released without prior notification to and written approval from the animal services officer animal services manager or their designee. It is requested that the above language be changed to mandate manager awareness of animals being released from quarantine. 3. Home quarantine at the residence of the owner, if approved by the animal services officer animal services manager or their designee, must satisfy the following conditions. a. Secure facilities are available and approved by the animal control officer animal services manager or their designee. It is requested that the above language be changed to reflect the actual structure of the animal shelter staff. ..... Sec. 9-1-18. Dangerous dogs. ..... B. Requirements for owner of dangerous dog. 1. Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall: a. Register the dangerous dog with the animal services officer; b. Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; c. Obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person. B. Requirements of owner of dangerous dog. 1. Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall comply with all guidelines of Texas Health & Safety code: 822.041, 822.042. The following provisions shall be met: a. Register the dangerous dog with the Animal Services Officer and pay an annual registration fee of $500. b. The dangerous dog may not have access to public parks or trails, playground areas, school grounds, daycare facilities or any other area children commonly congregate. c. Restrain the dangerous dog at all times on a leash and muzzle and be in control of the animal. d. Keep the dangerous dog confined at all times in a secure enclosure as defined in this chapter and approved by the Animal Services Manager. e. Obtain liability insurance coverage or show financial responsibility in the amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog causing bodily injury to any person. Liability insurance coverage must specify the dangerous dog by name and breed. f. A clearly visible sign must be posted at all times and viewable by the general public that specifies that a dangerous dog lives at the owner's address. g. Comply with all applicable State and local regulations, requirements, or restrictions on dangerous dogs. It is requested that the dangerous dog portion of the ordinance be expanded with additional restrictions for those who wish to maintain a dangerous dog. ..... D. Attack by dangerous dog. 2. An offense under this subsection is a Class C misdemeanor, unless the attack causes serious bodily injury or death in which event the offense is a Class A misdemeanor. (Delete "in which event the offense is a Class A misdemeanor). This language change is requested as we cannot prosecute a Class A misdemeanor at the municipal level (we would have to file a case with the Dallas County District Attorney's Office). ..... Sec. 9-1-20. Commercial businesses. A. No person shall engage in the business of selling, grooming, breeding, showing, exhibiting (delete) or the boarding of animals without first having obtained a permit from the city. Written application for a permit and payment of the applicable permit fees shall be made to the animal services officer manager or their designee. It is requested that showing / exhibiting be exempted from commercial business regulation and that the language for animal services officer be updated to manager. ..... Please don't hesitate to call if you have any questions (972) 304-3587. Thank you. AN ORDINANCE OF THE CITY OF COPPELL ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 9, ARTICLE 9-1, ANIMAL SERVICES, SECTIONS 9-1-1 THROUGH 9-1-24, BY REPEALING ANY AND ALL REFERENCES TO ANIMAL CONTROL OFFICER AND/OR ANIMAL SERVICES OFFICER AND REPLACING WITH ANIMAL SERVICES MANAGER; BY REPEALING ALL REFERENCES TO ENVIRONMENTAL HEALTH DEPARTMENT AND REPLACING THE SAME WITH POLICE DEPARTMENT; BY AMENDING SECTIONS 9-1-7. A.(1) AND 9-1-10. A.5. BY DELETING THE REFERENCE TO ARTICLE 42.11 AND REPLACING WITH ARTICLE 42.09 OF THE TEXAS PENAL CODE; BY AMENDING SECTION 9-1-8 BY DELETING ALL REFERENCES TO THE ANIMAL SERVICES APPEALS BOARD AND REPLACING THE SAME WITH THE ANIMAL APPEALS AND ADVISORY BOARD, AND BY ADDING A NEW SUBSECTION E TO COMPLY WITH STATE LAW; BY AMENDING SECTION 9-1-11., SUBSECTION B, BY DECREASING THE NUMBER OF DAYS IMPOUNDED ANIMALS WITHOUT CURRENT REGISTRATION AND/OR VACCINATION SHALL BE HELD FROM FIVE (5) TO THREE (3); BY AMENDING SECTION 9-1-14., SUBSECTION A.1, TO CORRECT A TYPOGRAPHICAL ERROR; BY REPEALING SECTION 9-1-18. SUBSECTION B.1., REQUIREMENTS FOR OWNERS OF DANGEROUS DOG, IN ITS ENTIRETY AND REPLACING WITH A NEW SECTION 9-1- 18., SUBSECTION B.1., REQUIREMENTS FOR OWNERS OF DANGEROUS DOG; BY AMENDING SECTION 9-1-18. SUBSECTION D., ATTACK BY DANGEROUS DOG, ITEM NUMBER 2 BY DELETING THE REFERENCE TO CLASS A MISDEMEANOR; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 9, Article 9-1, of the Code of Ordinances provides for Animal Services within the City of Coppell; and WHEREAS, after a full review of said Article, staff recommended certain amendments to be made and has made recommendation to the City Council regarding the same; and WHEREAS, after consideration of the recommendation of staff and a full review of Article 9-1, the City Council finds that Chapter 9, Article 9-1 should be amended as provided herein. Page 1 TM 17647.2.00 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 9, Article 9-1, of the Code of Ordinances be, and the same is, hereby amended by amending Sections 9-1-1 through 9-1-24, by repealing any and all references to animal control officer and/or animal services officer and replacing with animal services manager and by repealing all references to environmental health department and replacing the same with police department; by amending Sections 9-1-7. A.(1) and 9-1-10. A.5. by deleting the reference to Article 42.11 and replacing with Article 42.09 of the TEXAS PENAL CODE; by amending Section 9-1-11., Subsection B, by decreasing the number of days impounded animals without current registration and/or vaccination shall be held from five (5) to three (3) and by decreasing the number of days impounded animals with current registration and/or vaccination shall be held from seven (7) to five (5); by amending Section 9-1-14., Subsection A.1, to correct a typographical error; by repealing Section 9-1-18. Subsection B.1., Requirements for owners of dangerous dog, in its entirety and replacing with a new Section 9-1-18., Subsection B.1., requirements for owners of dangerous dog; by amending Section 9-1-18. Subsection D., attack by dangerous dog, item number 2 by deleting the reference to Class A misdemeanor, which shall read as follows: “ARTICLE 9-(1) ANIMAL SERVICES* Sec. 9-1-1. Definitions. . . . . . (D) Animals not listed: The animal services manager or their designee may declare . . . . . . . . . . Sec 9-1-2. Enforcement. (A) City manager shall designate employees as animal services officers who shall be assigned to the police department. . . . . . Sec. 9-1-7. Revocation and denial of registration. (A) The animal services manager or their designee may deny or revoke registration for an animal owned by a person who: (1) Has been convicted of Texas Penal Code, Article 42.09, as amended, . . . . . . . . . . Page 2 TM 17647.2.00 Sec. 9-1-8. Animal Appeals and Advisory board. (A) There is hereby created the animal appeals and advisory board comprised of the animal services manager, a veterinarian to be appointed by the city council and one resident of the city who shall not be an employee and is a member of an animal welfare organization. The denial or revocation of registration may be appealed by filing with the animal services manager or their designated representative a written request for hearing within ten days . . . . . . . . . . (E) The appeals board provided herein shall also act as the animal advisory committee which shall meet as prescribed by state law in order to insure compliance with Chapter 826 (Rabies Control Act of 1981), of the TEXAS HEALTH AND SAFETY CODE, as amended. . . . . . Sec. 9-1-10. Impoundment. (A) The following animals may be impounded: . . . . . (5) Any animal treated in a manner determined to be in violation of Texas Penal Code, Article 42.09 or 42.10, as amended. . . . . . . Sec. 9-1-11. Redemption of animal. (A) . . . . . (B) Impounded animals shall be held for three days after the date of impoundment except any animal wearing a current registration and/or vaccination tag shall be impounded for seven days. . . . . . Sec 9-1-12 Disposition of Animals. (A) Except as provided herein, . . . direction of the animal services manager or their designee be placed for adoption, . . . . . . . . . . Page 3 TM 17647.2.00 Sec. 9-1-13. Adoption of dogs and cats. . . . . . (B) Adoption. . . . . . (2) The releasing agency, with the approval of the animal services manager, may refuse . . . . . Sec. 9-1-14. Animal quarantine . . . . . (B) Quarantine shall be subject to the following conditions: . . . . . (2) The animal placed in quarantine shall not be released without prior notification to and written approval from the animal services manager or their designee. (3) Home quarantine at the residence of the owner, if approved by the animal services manager or their designated representative, must satisfy the following conditions. (a) Secure facilities are available and approved by the animal services manager or their designee. . . . . . . . . . . Sec. 9-1-18. Dangerous dogs. . . . . . (B) Requirements for owner of dangerous dog. 1. Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall comply with all guidelines of Texas Health & Safety code: 822.041, 822.042. The following provisions shall be met: a. Register the dangerous dog with the Animal Services Manager or their designated representative and pay an annual registration fee of $500. Page 4 TM 17647.2.00 b. The dangerous dog may not have access to public parks or trails, playground areas, school grounds, daycare facilities or any other area children commonly congregate. c. Restrain the dangerous dog at all times on a leash and muzzle and be in control of the animal. d. Keep the dangerous dog confined at all times in a secure enclosure as defined in this chapter and approved by the Animal Services Manger or their designated representative. e. Obtain liability insurance coverage or show financial responsibility in the amount of at least $100,000 to cover damages resulting from an attack by the dangerous dog causing bodily injury to any person. Liability insurance coverage must specify the dangerous dog by name and breed. f. A clearly visible sign must be posted at all times and viewable by the general public that specifies that a dangerous dog lives at the owner's address. g. Comply with all applicable State and local regulations, requirements, or restrictions on dangerous dogs. . . . . . D. Attack by dangerous dog. . . . . . (2) An offense under this subsection is a Class C misdemeanor, unless the attack causes serious bodily injury or death. . . . . . Sec. 9-1-20. Commercial businesses. A. No person shall engage in the business of selling, grooming, breeding, or the boarding of animals without first having obtained a permit from the city. Written application for a permit and payment of the applicable permit fees shall be made to the animal services manager or their designee. . . . . . . . . . .” SECTION 2. All provisions of this ordinance of the City of Coppell is an addition to other ordinances or charter provisions; however, in the event this is in conflict with the provisions of this ordinance, be, then the provisions and the same are hereby, repealed, and all Page 5 TM 17647.2.00 other provisions of the ordinances of the City of Coppell not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. 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 invalid, illegal, or unconstitutional, and shall not affect the validity of the Code of Ordinances of the City of Coppell, Texas. SECTION 4. That the Code of Ordinances of the City of Coppell, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances, as amended, shall be subject to a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. SECTION 6. That this Ordinance shall take effect immediately from and after its passage and publication, as the law and charter is such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this ___ day of ____________, 2007. APPROVED: By: DOUGLAS N. STOVER , MAYOR ATTEST: By: LIBBY BALL, CITY SECRETARY Page 6 TM 17647.2.00 APPROVED AS TO FORM: By: ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 06/19/07) Page 7 TM 17647.2.00 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: Police August 14, 2007 19 ✔ CONTRACT/BID or PROPOSAL Consider approval of a City of Coppell Public Safety Radio System 800 MHz Trunked Analog Simulcast System upgrade at an approximate cost of $544,752.00; and authorizing the City Manager to sign. In order to provide better radio service to the City of Coppell it is requested that we participate in a radio system upgrade with Lewisville, Flower Mound and Lake Cities. Upgrading the system which has been used for the past twenty years will provide redundancy (two radio towers verses one), improved utilization of frequency bandwidth and improved radio reception for Coppell emergency services. Funds have been budgeted in the Fiscal Year 2007-08 Budget for 1/2 of this contract. The remainder will be budgeted in the FY 2008-09 Budget. This is an item that falls under E911 funding. Staff recommends approval. )Radio Upgrade THE-CITY-OF COPPELL Date: 02-20-2007. To: Roy Osborne, Chief of Police; Jennifer Miller, Director of Finance, From: Derrick Watson, Lieutenant. ilW3 9 1 Subject: Funding for Radio System Improvement. On December 4, 2006 I attended a briefing conducted by Deputy Chief Kerbow at the Lewisville Police Department. Chief Kerbow conducted the informational briefing after City Management from Lewisville, Coppell, Flower Mound and the Lake Cities met and discussed upgrading the current radio system. I have attached a copy of the "Executive Overview", radio coverage diagrams and estimated associated costs that were presented by Chief Kerbow. Lewisville PD is requesting that a decision be made as to how Coppell will participate in the funding of an upgraded radio system. In short Lewisville, Coppell, Flower Mound, Highland Village, Lake Cities Fire and Lake Dallas Police have all been operating off the same Motorola Analog 800MHz radio system for the past 20 years. With multiple agencies participating in the funding of a radio system there is an economy in funding that occurs as each agency is not tied to obtaining their own radio frequencies and building their own radio towers. Multiple agency participation also assists with interoperability issues as we all are using the same equipment and are able to communicate on multiple radio frequencies with each other. A convergence of events has placed us in the position of having to upgrade the current system. - The current system is over twenty years old and the radios are obsolete and no longer manufactured. This fact has become apparent as we go through the current mandated frequency migration and we find ourselves replacing mobile and portable radios. Parts are increasingly difficult to obtain and at some point the system will not be supported. - The system serves a population and geography that is many times larger than the one served when first installed. There are known locations in Coppell, Flower Mound and Lewisville where radio reception is poor and/or non-existent. - The recognized risk of losing the one site we have for radio communications and the potential public safety catastrophe. Based upon coverage studies, price estimates for digital verses analog radio systems and the age of the current system a decision was made to upgrade the current Motorola SMARTNETII analog system. Striving for Excellence What I'm asking for is guidance on how best to proceed for the upcoming budget process. Coppell's estimated cost for participating in the upgrade (% figured by number of units currently assigned to Coppell on the radio system) are estimated at $528,834 for one year; or $272,376 over two years; etc. (please see attached chart). Point of Contact for estimated costs is Cpt. Joni Eddy and Deputy Chief William (Russ) Kerbow Work Phone # (972) 219-3600. I am aware that the E-911 account contains approximately $903,000 and that purchasing and upgrading communications equipment falls under the aegis of that account. I am also aware that we have many monthly outgoing expenditures for radio maintenance, phase I1 wireless phone compliance, radio replacement, radio inventory expansion, air card monthly fees etc. I would sincerely appreciate your input on the front end of this process. Thank you in advance for your consideration. Striving for Excellence EXECUTIVE OVERVIEW This study is about the 800 MHz trunking radio system that is operated by the City of Lewisville and is used by all of the city government departments and divisions in the following cities: COPPELL HIGHLAND VILLAGE FLOWER MOUND LAKE DALLAS POLICE DEPARTMENT LAKE CI-TIES FIRE DEPARTMENT The purpose of this study is to ensure that all of the radio comrnunications needs of the above cities are currently being met and that they will continue to be met in the future. In addition, the financial costs of operating the system and keeping it running in a manner to serve the needs of these communities in the present, near term future, and long term future will be also be analyzed. The current system is a Motorola SMARTNETll 800 MHz trunking radio system that consists of a single site multi-channel radio repeater system and controller located just north of Vista Ridge Mall in the southern part of Lewisville. The system consists of 9 channels, 2 of which are licensed to the City of Coppell, and the remaining 7 of them are licensed to the City of Lewisville. There are approximately 1,175 radio subscriber units (dispatch transceivers, mobile units, and portable walkie-talkie units) from the above cities using the system. Some of the equipment is over 20 years old and requires immediate replacement if the system is to remain reliable. This system is needed by the police and fire departments for their emergency communications, and cannot be down during any emergency. All city services will be greatly affected in a negative way if there is a failure of this system. This study has looked at all of the equipment that is available to add or replace that will keep this system in top-notch shape for performance and reliability.. One of the recommendations is that the system be changed from a single site system, to a fully redundant, split-site simulcast system. If a disaster strikes the one site, the second radio site will be able to keep the system operational. In addition, there are many parts of the jurisdictions of the associated agencies that currently have poor or no coverage, and the new system has been designed t~o correct this coverage issue for all of the agencies and departments. INTRODUCTION The 800 MHz trunking radio system operated by the City of Lewisville is a Motorola SMARTNETII system. There are 9 radio channels, 2 of which are licensed from the Federal Communications Commission to the City of Coppell, and 7 of which are licensed to the City of Lewisville. The following cities and agencies use this system for their day-to-day radio communications and their emergency communications. LEWlSVlLLE COPPELL HIGHLAND VILLAGE FLOWER MOUND LAKE DALLAS POLICE DEPARTMENT LAKE CITIES FIRE DEPARTMENT Since this system is such an integral part of the operations of the departments and divisions in these municipalities, it is imperative that this system be in good working order at all times. All 9 radio base stations are located at the large radio tower just north of Vista Ridge Mall in the southern part of Lewisville. The radio coverage is good far the most part for the users of the system, but there are areas in the jurisdictions of the users that do require better coverage. This study has looked at these requirements and is recommending a change in the system that will provide the following upgrades: COVERAGE RELIABILITY FEATURES By looking at these items today, the users of this system will have a long time of reliable operation before the system needs upgrading or replacing. CURRENT SYSTEM The current system consists of 2 channels that are licensed to the City of Coppell (KNJU844), 1 channel from the City of Lewisville (WPFW758), and 6 channels from the City of Lewisville (KNGK472). The radio controller is a Motorola 6809 SMARTNETll controller that is over 20 years old. The 7 Lewisville supplied base stations are all Motorola Quantar 100 watt base stations. The 2 Coppell supplied base stations are Motorola MSF5000 base stations that are 20 years old. Lewisville Police and Fire operates via a direct wireline controlled dispatch system that does have TI connectivity between the trunking controller and the dispatch controller. All of the other agencies and divisions use a radio control base station to communicate between their dispatch points and the mobile units. There are over 1 ,I 75 subscriber units using the system. In addition, the radio system operated by Carrollton that has Carrollton, Addison, and Farmers Branch uses the Lewisville system as its backup system. Likewise, Denton City ancl Denton County each use this system as their backup system too. Finally, Lewisville units are allowed to use their units on these same systems for the! backup of the Lewisville system. Because all of the radio transmissions do go through the radio repeaters at the Rockbrook Road base station repeater site, all of the units must be able to transmit to and receive from this site. There are coverage issues where unilts cannot reach the repeaters near Lake Lewisville, inside of buildings, and in the areas that are fairly far away from this one tower. The current system is on a shared tenant commercial radio tower that costs approximately $4,000.00 per month to occupy space on the tower. In addition, since all of the transmissions do go through this site, the loss of this one site will seriously affect the capabilities of the radio users to communicate. The system does operate in the analog mode, meaning that anybody with a scanner that is capable of receiving 800 MHz channels can eavesdrop on 1::he conversations. The system does have a maintenance contract with the local Motorola Service Station, DFW Comniunications, and they have given excellerlt service performance since the equipment was installed. NEW SYSTEM PROPOSAL In order to have a more reliable and maintainable system, the City of Lewisville did invite Motorola to quote an updated system so that there will be good communications for the agencies for now and into the future. Because of the existing subscriber units, and the required interoperability with all of the surrounding cities in the DFW Metroplex, only the Motorola SMARTNETll system can be used. Motorola originally did quote a 100% digital system that was using the latest technology available, but the price tag was over $1 5,000,000 to implement such a system. In order to get the latest technology, stay compatible with the subscriber units, and provide interoperability with tlie neighboring communities, an upgraded analog system was asked by Lewisville to be quoted by Motorola. The pricirug came in at a much more reasonable level, and the infrastructure will be compatible for a digital upgrade into the future. In order to reduce recurring costs, the new system will have the prime contrc~l site at the new, Kealy Road 320 foot microwave tower that is located near the intersection of Kealy Road and Sewage Treatment Plant Road. A second site will be constructed at the 400 plus foot Denton County tower just outside of Muriel State Park on Lake Grapevine. The two-site combination will operate in the simulcast mode, which means that both sites operate in a synchronous frequency and modulation mode with each other. The combination of both sites will give much better radio coverage in the different jurisdictions, and the systems will have full redundancy to greatly increase the reliability. The added equipment will require the purchase of new antennas, base stations, controllers, and all of the other peripheral equipment to allow the new system to be placed into service and not discontinue operations from the old system cluring the transition. The new system does use the same technology of equipment that other surrounding agencies are using, and this new system can be expanded in the future to combine with other agencies so that everyone has access to more channels. The coverage studies performed by Motorola, Ira Wiesenfeld & Associates, and the Lewisville IT department all predict that these 2 new sites will greatly enhance the required coverage of the jurisdictions involved with this systern. All of the equipment is currently available and Lewisville should move forward on these plans. PRICING SUMMARY TWO-SITE SIMULCAST PROJECT Equipment Total $ 1,253,741 .OO Q Outlined in Exhibit A-1 System Description pages 6 - 10 Itemized in Exhibit A-3 Equipment List pages I - 16 Services Total: $ 961,144.00 Project Manaqement as outlined in Exhibit A-2 Statement of Work, page 2 "Methodolgy Chart" Q Installation as outlined in Exhibit A-2 Statement of Work pages 9 - 14 Training Plan Svstem Cutover Proiect Documentation as outlined in Exhibit A-2 Statement of Work pages 19-22 System Total $ 2,214,885.00 Trade in Incentive $ (20,000.00) Trade in of "6809 controller" Must be returned to Motorola After new system acceptance Two-Site System Total SUMMARY The 800 MHz Trunking Radio System operated by the City of Lewisville does need to be upgraded. The new analog radio simulcast system that Motorola has proposed does meet the requirements of the users of the system and is 100% compatible with the mobile and portable radios already being used by the current users. The recurring charges for the site are reduced, and the maintenance of the equipment should be lower since it is newer. Finally, the required coverage of the users will be met and this new system will make it much safer for the emergency responders in all of the cities because the dispatcher will always be in contact with the elements in the field. WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Manager August 14, 2007 20 ✔ RESOLUTION Consider approval of a resolution of the City Council of the city of Coppell, Texas, creating a crime control and prevention district within the corporate limits of the city of Coppell, Texas; providing for the appointment of a temporary board of directors; for calling of meetings to determine the feasibility and approving a proposed budget and crime control plan; providing for the board to consider an order calling an election to impose one-fourth (1/4) of one percent sales and use tax to finance such district; and authorizing the Mayor to sign. The board will be asked to consider an order calling an election to impose 1/4 of one percent sales and use tax to finance this crime control and prevention district. Staff recommends approval. !Crime District A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, CREATING A CRIME CONTROL AND PREVENTION DISTRICT WITHIN THE CORPORATE LIMITS OF THE CITY OF COPPELL, TEXAS; PROVIDING FOR THE APPOINTMENT OF A TEMPORARY BOARD OF DIRECTORS; PROVIDING FOR CALLING OF MEETINGS TO DETERMINE THE FEASIBILITY AND APPROVING A PROPOSED BUDGET AND CRIME CONTROL PLAN; PROVIDING FOR THE BOARD TO CONSIDER AN ORDER CALLING AN ELECTION TO IMPOSE ONE- FOURTH (1/4) OF ONE PERCENT SALES AND USE TAX TO FINANCE SUCH DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, state law authorizes the governing body of a municipality may impose to create a crime control and prevention district within its jurisdiction; and WHEREAS, the governing body may appoint a temporary Board of Directors to call an election to submit to the voters to authorize the creation of such proposed district; and WHEREAS, after the appointment of such temporary board of directors, it shall consider to approve a proposed budget and crime control plan; and WHEREAS, such temporary board shall consider whether to fund budget and crime control plan with sales tax proceeds in accordance with State law; and WHEREAS, the Board shall consider the amount of such appropriate sales and use tax to submit to the voters of the proposed district and call an election for such purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, AS FOLLOWS: SECTION 1. That the City of Coppell, Texas, by and through its governing body hereby appoints Douglas N. Stover, Tim Brancheau, Jayne Peters, Brianna Hinajosa-Flores, Marsha Tunnell, Billy Faught, Marvin Franklin and Bill York as a temporary board of directors for proposed crime control and prevention district which shall consist of the entire area within the jurisdictional boundaries of the City of Coppell, Texas. 1 TM 18825.2.000 SECTION 2. The said board of directors shall convene a meeting no later than August 28, 2007 to consider the following: A. The election of a presiding officer. B. To consider whether or not to call an election to submit to the voters of the City, in accordance with state law, the creation of a crime control and prevention district. C. The adoption of a budget and crime control plan for such district. D. The date, time and polling places and the hours thereof for an election to consider creation of such district. E. To consider whether or not to impose a sales and use tax for the funding thereof. F. To consider and authorize the required notices be published in accordance with state law for an election is called by the board. SECTION 3. That this Resolution shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2007. APPROVED: _________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 8/6/07) 2 TM 18825.2.000 AGENDA REQUEST FORM DATE: August 14, 2007 ITEM #: 21 MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding Coppell Copperheads update. B. Report by Mayor Stover regarding National Night Out. C. Report by Mayor Stover regarding New Teachers’ Breakfast. D. Report by Mayor Stover regarding Chamber Scholarship. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: August 14, 2007 ITEM #: 22 NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork AGENDA REQUEST FORM DATE: August 14, 2007 ITEM #: 23 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: August 14, 2007 Department Submissions: Item No. 8/J was placed on the Agenda for the above-referenced City Council meeting by the Parks Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Parks Department Item Nos. 18 and 19 were placed on the Agenda for the above-referenced City Council meeting by the Police Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Police Department Item Nos. 8/B, 8/C, 8/D, 8/E, 8/F, 8/G, 8/H, 8/I, 10, 11, 12, 13, 14, 15, 16 and 17 were placed on the Agenda for the above-referenced City Council meeting by the Planning Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Planning Department Financial Review: I certify that I have reviewed all the items submitted for consideration on the Agenda for the above-referenced City Council Meeting and have inserted any financial comments where appropriate. ____________________ Finance Department City Manager Review: I certify that I have reviewed the complete Agenda and Packet for the above-referenced City Council Meeting he same to the and hereby submit t City Council for consideration. ____________________ City Manager (or Deputy City Manager)