CP 2008-11-11
NOTICE OF CITY COUNCIL MEETING AND AGENDA
NOVEMBER 11, 2008
DOUG STOVER, MARVIN FRANKLIN, Place 6
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4
JAYNE PETERS, Place 2 BILLY FAUGHT, Place 5
BRIANNA HINOJOSA-FLORES, Place 3 KAREN HUNT, Place 7
JIM WITT, City Manager
MEETING TIME AND PLACE:
Call to Order 5:45 p.m. Council Chambers (Open to the Public)
Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public)
Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public)
Regular Session 7:00 p.m. Council Chambers (Open to the Public)
Notice is hereby given that the City Council of the City of Coppell, Texas will
meet in Regular Called Session on Tuesday, November 11, 2008, at 5:45 p.m. for
Executive Session, Work Session will follow immediately thereafter, and Regular
Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway
Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this
meeting may be convened into closed Executive Session for the purpose of
seeking confidential legal advice from the City Attorney on any agenda item
listed herein.
The City of Coppell reserves the right to reconvene, recess or realign the Work
Session or called Executive Session or order of business at any time prior to
adjournment.
The purpose of the meeting is to consider the following items:
ITEM # ITEM DESCRIPTION
1. Call to order.
ag111108
Page 1 of 5
ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
1. Northlake Settlement Agreement between Crow-Billingsley, et
al and City of Coppell.
B. Section 551.072, Texas Government Code - Deliberation regarding
Real Property.
1. Sale and acquisition of real property south of Bethel Road
and west of Denton Tap.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Legislative Update – Dan & Jennifer Shelley.
B. Cemetery Update.
C. Non-Profit Funding.
D. 2030 Budget Impacts.
E. Southwestern Boulevard Construction.
F. Discussion of Agenda Items.
Adjourn Work Session.
PUBLIC ANNOUNCEMENTS
Public Service Announcements concerning local civic events and no Council
action is required or permitted.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
6. Pledge of Allegiance.
7. Citizens' Appearances.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
ag111108
Page 2 of 5
ITEM # ITEM DESCRIPTION
A. Consider approval of minutes: October 28, 2008.
B. Consider approval of an Economic Development Agreement by
and between the City of Coppell and Coppell Crossing, LP , and
authorizing the Mayor to sign.
C. Consider approval for the procurement of five John Deere 997 Z-
Turn Mowers through Buy Board Contract Number 292-08 from John
Deere for the amount not to exceed $61,934.95, as budgeted; and
authorizing the City Manager to sign all required documents relative
to the purchase.
D. Consider approval of an Ordinance for Case No. PD-162R-MF-2,
Gunner Subdivision, Lots 1 & 2, Block A, a zoning change from PD-
162-MF-2 (Planned Development District 162 – Multifamily-2) to PD-
162R-MF-2 (Planned Development District 162- Revised – Multi-
family-2), to allow the conversion of a portion of the existing leasing
office/amenity area into three residential units, to add
garages/storage areas, and to reconfigure parking spaces on 37.8
acres of property located 1717 and 1721 Belt Line Road and
authorizing the Mayor to sign.
E. Consider approval of an Ordinance for Case No. PD-235-O, Denton
Creek @ Sandy Lake Addition, Lot 2, Block A, a zoning change from
SF-12 (Single Family-12) to PD-235-O (Planned Development District
235-Office), to allow the construction of a two-story, 11,632-square-
foot office building on 0.83 acres of property located on the north
side of Sandy Lake Road, approximately 600 feet west of Starleaf
Road and authorizing the Mayor to sign.
F. Consider approval of an Ordinance for Case No. S-1248-C, Papa
Murphy’s, a zoning change from C (Commercial) to S-1248-C
(Special Use Permit-1248-Commercial), to allow a 1,226-square-foot
grocery take-out to be located at 612 E. Sandy Lake Road and
authorizing the Mayor to sign.
END OF CONSENT
9. PUBLIC HEARING:
Consider approval of Case No. PD-161R2-SF-12, Stratford Manor, zoning
change request from PD-161-SF-12 (Planned Development District-161-
ag111108
Page 3 of 5
ITEM # ITEM DESCRIPTION
Single Family-12) to PD-161R2-SF-12 (Planned Development District-161
Revision 2-Single Family-12) to allow a concrete block wall within and a
gazebo roof to overhang the 20-foot buffer area, as specified in Section
2(D) of Ordinance #91500-A-177, along the rear of Lot 12, Block A,
property known as 709 Stratford Lane.
10. PUBLIC HEARING:
Consider approval of Case No. PD-236-SF-12, Bethel Road Manor, a
zoning change request from C (Commercial) and SF-12 (Single Family-12)
to PD-236-SF-12 (Planned Development-236-Single Family-12) to allow the
construction of a single-family home with an eight-foot side yard on
property located on the north side of Bethel Road, known as 234 W.
Bethel Road.
11. Consider approval of the Bethel Road Manor, Lot 1, Block A, Minor Plat, to
establish a building site and setback lines to allow the construction of a
single-family home on 2.78 acres of property located on the north side of
Bethel Road, known as 234 W. Bethel Road.
12. Consider approval of the Magnolia Fisheries, Site Plan Amendment, to
allow the construction of two storage structures totaling 5,975 square feet
to the rear (east) of the existing 3,750-square-foot building on the
additional 0.65 acres of property being incorporated into this tract for a
total of 1.424 acres of property located at 217 N. Coppell Road.
13. PUBLIC HEARING:
Consider approval of the Old Coppell Estates Addition, Lots 3R, 4R & 5R,
Block 1, Replat, being a replat of Lots 3, 4 and 5, Block 1, to allow the
incorporation of 4,490 square feet of property in the Vaughan Addition
into three residential lots located at 357, 361, and 365 Hearthstone Lane.
14. Consider approval of awarding bid to Concord Commercial Services in
the amount of $187,926.00 for the trail amenities/park signage; and
authorizing the City Manager and Coppell Recreation Development
Corporation Development President to sign.
15. Mayor and Council Reports.
A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting.
16. Necessary action resulting from Work Session.
17. Necessary action resulting from Executive Session.
ag111108
Page 4 of 5
ITEM # ITEM DESCRIPTION
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 7th day of November, 2008, at
__________________.
____________________________________
Libby Ball, City Secretary
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON
THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC
DOCUMENTS, COUNCIL PACKETS.
PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or
other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
ag111108
Page 5 of 5
KEY TO COUNCIL GOALS ICONS
COPPELL VISION 2030
Sustainable City Government
• Excellent City Services with high level of Customer Satisfaction
• “Green” City Operations and Facilities
• Excellent and Well-maintained City Infrastructure and Facilities
• Top Quality City Workforce
• Financial Resources to Support City Services
Business Prosperity
• Retention and Attraction of Businesses that generate revenues for the City
• Major Retail and Top Quality Business Office Park along I-635 and SH 121
• Old Coppell as a Small Town Village
• Community Commercial Centers
• House Offices and Home-Based Businesses
Community Wellness and Enrichment
• Community Gathering Places
• Recreation Programs and Services for all Generations
• Expand Cultural Arts Amenities and Opportunities
• Residents’ Wellness and Longevity
• Community Education Programs and Support of Top Quality Schools
• Multi-Use Trail Systems Connecting the City
Sense of Community
• Residents and Businesses Engaging and Contributing to the Coppell Community
• Strong Community Events and Festivals
• New Residents Welcome and Involved
• Effective Community Partnerships
• Future Civic Community Leaders’ Development
Special Place to Live
• Quality Housing for Family Generations
• Beautiful Green City
• Revitalizing Neighborhoods
• Mobility within Coppell
• Easy Access to Dallas-Fort Worth Regions
AGENDA REQUEST FORM
DATE: November 11, 2008
ITEM #: ES-2
EXECUTIVE SESSION
A. Section 551.071, Texas Government Code – Consultation with City Attorney.
1. Northlake Settlement Agreement between Crow-Billingsley, et al and City
of Coppell.
B. Section 551.072, Texas Government Code – Deliberation regarding Real
Property.
1. Sale and acquisition of real property south of Bethel Road and west of
Denton Tap.
Agenda Request Form - Revised 02/04 Document Name: %exsessn
AGENDA REQUEST FORM
DATE: November 11, 2008
ITEM #: WS-3
WORK SESSION
A. Legislative Update – Dan & Jennifer Shelley.
B. Cemetery Update.
C. Non-Profit Funding.
D. 2030 Budget Impacts.
E. Southwestern Boulevard Construction.
F. Discussion of Agenda Items.
Agenda Request Form - Revised 02/07 Document Name: %wksessn
AGENDA REQUEST FORM
DATE: November 11, 2008
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
November 11, 2008
8/A
✔
PROCEDURAL
Consider approval of minutes: October 28, 2008
Minutes of the City Council meetings held on October 28, 2008.
Staff recommends approval.
%minutes
Cm102808
Page 1 of 11
MINUTES OF OCTOBER 28, 2008
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, September 23, 2008 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
Marvin Franklin, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Karen Hunt, Councilmember
Councilmember Hinojosa-Flores was absent. Also present were City
Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert
Hager.
1. Call to order.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code -
Consultation with City Attorney.
1. The City of Coppell and Coppell Independent
School District opposition to a change of
zoning request of the Billingsley Corporation in
the City of Dallas, Zoning Case Number Z045-
107; and City of Coppell vs. CB Parkway
Business Center VI, et al in the County Court
at Law No. 3; and CB Parkway Business Center,
et al vs. City of Coppell, et al; and City of
Dallas vs. Douglas Stover, et al in the 191st
District Court; and City of Coppell, et al vs.
City of Dallas, et al in the 101st District Court.
B. Section 551.072, Texas Government Code -
Deliberation regarding Real Property.
Cm102808
Page 2 of 11
1. Sale and acquisition of real property south of
Bethel Road and west of Denton Tap.
Mayor Stover convened into Executive Session at 5:48 p.m. as
allowed under the above-stated article. Mayor Stover adjourned
the Executive Session at 6:38 p.m. and opened the Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding appointments to the Crime
Control and Prevention District.
B. Discussion regarding Coppell 2030.
C. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Pastor Dennis Wilkinson of Living Hope Church 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 naming the month of
November Coppell ISD Education Foundation Month, and
authorizing the Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented
the same to Shawnee Ingram, President of the CISD Foundation.
Action:
Councilmember Peters moved to approve a proclamation naming
the month of November Coppell ISD Education Foundation Month,
and authorizing the Mayor to sign. Councilmember Tunnell
Cm102808
Page 3 of 11
seconded the motion; the motion carried 6-0 with Mayor Pro Tem
Franklin and Councilmembers Brancheau, Peters, Tunnell,
Faught, and Hunt voting in favor of the motion.
8. Citizens' Appearances
1) Katy Keierleber, 345 Westwood, spoke regarding Parkway
and Cowboy intersection.
2) Scott Schwob, 716 Castlecreek, spoke regarding recycling.
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: October 14, 2008.
B. Consider approval of a grant agreement between the
City of Coppell, the Coppell Education Development
Corporation, and the Coppell Independent School
District in the amount of $1,131,132 for 88 ESOL
teachers and 2 aides, and authorizing the City
Manager to sign.
C. Consider approval of a grant agreement between the
City of Coppell, the Coppell Education Development
Corporation, and the Coppell Independent School
District in the amount of $126,000 for library
materials and authorizing the City Manager to sign.
D. Consider approval of a grant agreement between the
City of Coppell, the Coppell Education Development
Corporation, and the Coppell Independent School
District in the amount of $724,614 for 12 literacy
teachers, and authorizing the City Manager to sign.
E. Consider approval of a grant agreement between the
City of Coppell, the Coppell Education Development
Corporation, and the Coppell Independent School
District in the amount of $1,064,326 for 18 Spanish
teachers, and authorizing the City Manager to sign.
Cm102808
Page 4 of 11
F. Consider approval of an Ordinance amending the
Code of Ordinances of the City of Coppell, Texas by
amending Section 8-3-1 (A) of the Code of
Ordinances; making it unlawful to park, stand or
stop a vehicle at all times at the following locations:
Both sides of Village Drive within 30 feet of its
intersection with Raintree Circle; Both sides of
Village Drive within 30 feet of its intersection with
MacArthur Blvd; The west side of Raintree Circle
within 30 feet of both the north and south side of its
intersection with Village Drive; and within 15 feet of
both sides of the fire hydrant near the intersection
of Raintree and Village Drive; and authorizing the
Mayor to sign and execute any necessary
documents.
G. Consider approval of a TCPN 5-year Roof Asset
Management Contract for City facilities with
TREMCO/Weatherproofing Technologies, Inc.; to
include expenditures of $118,340.00 for 2008 as
budgeted in the IMF; and authorizing the City
Manager to sign and execute any necessary
documents.
H. Consider approval of an Amendment to the
Agreement for Professional Services with Halff and
Associates for the Design, Construction
Documentation and Contract Administration for the
Coppell Town Center Plaza, in the amount of
$46,927.55, and authorizing the City Manager to
sign.
I. Consider approval of Change Order Number 3 in the
amount of $25,750.00, to the contract with
Northstar Construction, Inc., for the construction of
the Town Center Plaza; and the collection of
Liquidated Damages from Northstar for 103 days,
totaling $25,750.00, finalizing the contract, and
authorizing the City Manager to sign.
J. Consider approval of renewing the service
agreement with Motorola, Inc. for the maintenance
Cm102808
Page 5 of 11
of all city radios and the communication network in
the amount of $55,890.96; and authorizing the City
Manager to sign.
K. Consider approval of an ordinance of the City of
Coppell, Texas, amending Chapter 6, "Business
Regulations," Article 6-9, "Tow Truck Regulations,"
by amending Section 6-9-1, "Definitions," by
repealing the definition for Licensee and replacing
the same with a definition for permit holder; by
amending the definition for towing company and by
amending the definition for vehicle storage facility;
by amending Section 6-9-2, "Registration, License"
by amending Subsections A, B, and C, to comply
with state law and by repealing Subsections D,E and
F, in its entirety; by repealing Section 6-9-3,
"Registration; License Denial; Revocation", in its
entirety and reserving the same for future use; and
authorizing the Mayor to sign.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items
A, B, C, D, E, F carrying Ordinance No. 2008-1212, G, H, I, J and
K carrying Ordinance No. 2008-1213. Councilmember Hunt
seconded the motion; the motion carried 6-0 with Mayor Pro Tem
Franklin and Councilmembers Brancheau, Peters, Tunnell,
Faught, and Hunt voting in favor of the motion.
10. Consider approval of an Interlocal Agreement between
Dallas County Community College District and the City of
Coppell to conduct law enforcement services; and
authorizing the Mayor to sign.
Presentation:
Jim Witt, City Manager, made a presentation to the Council.
Action:
Councilmember Peters moved to approve an Interlocal Agreement
between Dallas County Community College District and the City of
Cm102808
Page 6 of 11
Coppell to conduct law enforcement services; and authorizing the
Mayor to sign. Mayor Pro Tem Franklin seconded the motion;
the motion carried 6-0 with Mayor Pro Tem Franklin and
Councilmembers Brancheau, Peters, Tunnell, Faught, and Hunt
voting in favor of the motion.
11. Consider approval to award Quote# 001r to Caldwell
Country Chevrolet for the purchase of fourteen (14) 2009
Chevrolet Tahoe PPV's in the amount of $345,548 as
approved in the FY 08/09 budget; and authorizing the
City Manager to sign.
Presentation:
Jim Witt, City Manager, made a presentation to the Council.
Roy Osborne, Police Chief, answered questions from the Council.
Action:
Mayor Pro Tem Franklin moved to approve Quote# 001r to
Caldwell Country Chevrolet for the purchase of fourteen (14) 2009
Chevrolet Tahoe PPV's in the amount of $345,548 as approved in
the FY 08/09 budget; and authorizing the City Manager to sign.
Councilmember Brancheau seconded the motion; the motion
carried 6-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Tunnell, Faught, and Hunt voting in favor of
the motion.
12. Consider renewal and extension of Solid Waste Collection
and Recycling Agreement with Waste Management until
October 31, 2014, maintaining twice a week waste
pickup, and once per week recycling, and authorizing the
City Manager to sign.
Presentation:
Jim Witt, City Manager, made a presentation to the Council.
Cm102808
Page 7 of 11
Action:
Councilmember Tunnell moved to approve renewal and extension
of Solid Waste Collection and Recycling Agreement with Waste
Management until October 31, 2014, maintaining twice a week
waste pickup, and once per week recycling, with the addition of a
clause that Waste Management present to Council & Staff a plan
by 11/1/09 providing for household recycling rebates using the
latest technology & for rebating those funds so they are applied &
used as a reduction in monthly costs and authorizing the City
Manager to sign. Councilmember Peters seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Franklin and
Councilmembers Brancheau, Peters, Tunnell, Faught, and Hunt
voting in favor of the motion.
13. Consider approval of an Ordinance repealing Ordinance
No. 2008-1189 in its entirety and amending the Code of
Ordinances by amending Chapter 9, "General
Regulations," by adding Article 9-27, "Crime Control and
Prevention District;" providing for the establishment of
the district; providing for appointment, meetings, term
and vacancies, providing a bond requirement; providing
for the officers of the Board of Directors; providing for
voting; providing for the responsibility of the district;
providing for the fiscal year; providing a sunset provision;
and authorizing the Mayor to sign.
Presentation:
Robert Hager, City Attorney, made a presentation to the Council.
Action:
Councilmember Faught moved to approve Ordinance No.
2008-1214 repealing Ordinance No. 2008-1189 in its entirety and
amending the Code of Ordinances by amending Chapter 9,
"General Regulations," by adding Article 9-27, "Crime Control and
Prevention District;" providing for the establishment of the district;
providing for appointment, meetings, term and vacancies,
providing a bond requirement; providing for the officers of the
Board of Directors; providing for voting; providing for the
responsibility of the district; providing for the fiscal year; providing
a sunset provision; and authorizing the Mayor to sign.
Cm102808
Page 8 of 11
Councilmember Hunt seconded the motion; the motion carried 6-0
with Mayor Pro Tem Franklin and Councilmembers Brancheau,
Peters, Tunnell, Faught, and Hunt voting in favor of the motion.
14. Consider approval of appointments to the Crime Control
and Prevention District.
Action:
Councilmember Tunnell moved to appoint Councilmembers
Brancheau, Hinojosa-Flores, Faught and Hunt to a two-year term
and Councilmembers Peters, Tunnell and Mayor Pro Tem Franklin
to a one-year term. Mayor Pro Tem Franklin seconded the motion;
the motion carried 5-1 with Mayor Pro Tem Franklin and
Councilmembers Peters, Tunnell, Faught, and Hunt voting in favor
of the motion and Councilmember Brancheau voting against the
motion.
15. Consider approval of Coppell 2030 Council Goals.
Presentation:
Jim Witt, City Manager, made a presentation to the Council.
Action:
Councilmember Hunt moved to approve the Coppell 2030 Council
Goals. Councilmember Peters seconded the motion; the motion
carried 6-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Tunnell, Faught, and Hunt voting in favor of
the motion.
16. Mayor and Council Reports.
A. Report by Mayor Stover regarding Oaktoberfest.
B. Report by Mayor Stover regarding the Halloween
Fair at the Coppell Aquatics and Recreation Center.
C. Report by Mayor Stover regarding October 21 State
Legislative Candidate Forum.
D. Report by Councilmember Tunnell regarding
National League of Cities Community and Economic
Development Steering Committee Meeting.
Cm102808
Page 9 of 11
A. Mayor Stover spoke on Oaktoberfest. He stated it was well
attended and thanked the Parks Department for the great
event.
B. Mayor Stover announced the Halloween Scare Fair will be
held on October 31 from 5:30-8:00 pm. All ages are welcome.
C. Mayor Stover and Councilmember Peters attended the
Legislative Candidate Forum on October 21. He stated it
was a great opportunity to listen to the candidates and
thanked the PTOs and Education Foundation for
coordinating the event.
D. Councilmember Tunnell attended the National League of
Cities Community and Economic Development Steering
Committee Meeting where they discussed the economy.
17. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD –
Tunnell
B. Coppell ISD – Peters and Hinojosa-Flores.
C. Coppell Seniors – Brancheau and Faught.
D. Dallas Regional Mobility Coalition – Peters.
E. DFW Airport Board – Peters.
F. International Council for Local Environmental
Initiatives (ICLEI) – Brancheau
G. Metrocrest Hospital Authority – Tunnell.
H. Metrocrest Medical Foundation – Hunt.
I. Metrocrest Medical Services – Hinojosa-Flores.
J. Metrocrest Social Service Center – Hunt.
K. North Texas Council of Governments – Peters.
L. NTCOG/Regional Emergency Management –
Franklin.
M. North Texas Commission – Franklin.
N. Senior Adult Services – Faught.
A. Councilmember Tunnell announced CFBISD Board of
Trustees appointed Bobby Burns as the new Superintendent
following Dr. Griffin’s leave of absence. CFBISD Night with
the Dallas Stars is scheduled for 11/22. CFBISD/LISD
Education Foundation Fundraiser is scheduled for 11/13 at
the Hilton Garden Inn. LISD 10th Annual Veterans Breakfast
is scheduled for 11/11. Finally, Coppell and Marcus High
Schools raised funds for the Invisible Children’s Charity by
selling t-shirts. Proceeds went to the children in Uganda.
Cm102808
Page 10 of 11
B. Councilmember Peters said CISD is forming a bond
committee in anticipation of a bond election in May 2009.
The Marching Band won the area competition and will be
heading to the state finals in San Antonio 11/3. The
Education Foundation will be hosting a Casino Party and
Silent Auction 11/1 at the Cowboys Golf Club in Grapevine.
Proceeds will go to the CISD teacher grants. Finally,
Councilmember Peters congratulated the football team on
their victory over Southlake Carroll.
C. Councilmember Faught informed Council of the Senior
Center’s Adopt-A-Senior Program. Contact the Senior Center
to donate or nominate a senior for the tree. The Veterans
Day Breakfast Salute is scheduled for 11/7 at 8:30 am,
Canton in the City is scheduled for 11/8, shopping at the
Allen Premium Outlet Mall is scheduled for 11/10, the
Thanksgiving Luncheon is scheduled for 11/12 at 11:30 am,
and the field trip to Winstar is scheduled for 11/4.
D. Councilmember Peters stated the Texas Transportation
Committee’s monthly meeting will be held on 10/30 at the
MLK Center in Dallas. SH 121 (non-toll portion) is making
progress, but should be completed closer to January, rather
than December. Finally, Councilmember Peters thanked the
parents and citizens for their patience with the construction
projects near Wilson Elementary and Pinkerton Elementary.
E. Nothing to report.
F. Nothing to report.
G. Councilmember Tunnell said Metrocrest Hospital Authority
will now partner Trinity with Baylor. Their syndication
process will be completed by the end of the year.
H. Nothing to report.
I. Nothing to report.
J. Councilmember Hunt stated Metrocrest Social Service
Center completed their annual board retreat where they
worked on their mission statement and visioning.
K. Nothing to report.
L. Mayor Pro Tem Franklin attended the meeting on 11/9 and
said the next meeting will be held on 12/11.
M. Nothing to report.
N. Councilmember Faught announced the Bookworm Bash is
scheduled for 11/7-8 at the Pavilion in Addison. The
Holiday Basket Program is starting and is seeking volunteers
to assemble and deliver.
18. Necessary action resulting from Work Session.
Cm102808
Page 11 of 11
There was no action necessary under this item.
19. Necessary action resulting from Executive Session.
There was no action necessary under this item.
There being no further business to come before the City Council, the
meeting was adjourned.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager's Office
November 11, 2008
8/B
✔
CONTRACT/BID or PROPOSAL
Consider approval of an Economic Development Agreement by and between the City of Coppell and Coppell
Crossing, LP , and authorizing the Mayor to sign.
This agreement authorizes the city to reimburse United Commercial Development for the installation of a traffic signal
at the intersection of Denton Tap Rd. and Highland Drive. A traffic study shows the traffic signal is warranted to
handle the increased traffic from Market Street patrons as well as patrons of other retail tenants in Coppell Market. An
Interlocal Agreement between the City of Coppell and the City of Lewisville for the maintenance and operation of
the signal was presented to Council on August 26, 2008. This agreement authorizes a reimbursement amount not to
exceed $185,802.30.
Funds are available in Roadway Escrows/Impact Fees for this reimbursement.
Approve the Economic Development Agreement by and between
the City of Coppell and Coppell Crossing, LP , and authorize the Mayor
to sign.
!Coppell Crossing Eco Dev Agrmt-1AR
Coppell: Coppell Crossing, LP Economic Development Incentive Agreement Page 1
24351
STATE OF TEXAS §
§ Economic Development Incentive Agreement
§
COUNTY OF DALLAS §
This Economic Development Incentive Agreement (this “Agreement”) is made by and
among the City of Coppell, Texas (the “City”), and Coppell Crossing, LP (the “Company”), acting
by and through their respective authorized officers.
WITNESSETH:
WHEREAS, the Company is the owner of real property at the north east intersection of
Denton Tap Road and State Highway 121, Coppell, Texas described in Exhibit “A”, (the “Land”),
and intends to develop the Property for a retail grocery store and other uses; and
WHEREAS, the Company is required to erect a traffic signal at the intersection of Denton
Tap Road and Highland Drive, Lewisville, Texas which is necessary for the development of the
Property (hereinafter defined as the “Traffic Signal”); and
WHEREAS, the Company has advised the City that a contributing factor that would
induce the Company to develop the Property would be an agreement by the City to provide an
economic development grant to the Company to offset a portion of the costs of the Traffic
Signal; and
WHEREAS, the City has adopted programs for promoting economic development; and
WHEREAS, the City is authorized by TEX. LOC. GOV’T. CODE § 380.001 to provide
economic development grants to promote local economic development and to stimulate business
and commercial activity in the City; and
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
Article I
Term
The term of this Agreement shall begin on the last date of execution hereof (“Effective
Date”) and continue until the Expiration Date, unless sooner terminated as provided herein.
Article II
Definitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed to
them:
Coppell: Coppell Crossing, LP Economic Development Incentive Agreement Page 2
24351
“Commencement of Construction” shall mean that: (i) the plans have been prepared and
all approvals thereof required by applicable governmental authorities have been obtained for the
Traffic Signal; (ii) all necessary permits for installation of the Traffic Signal pursuant to the
respective plans therefore having been issued by all applicable governmental authorities; and
(iii) installation of the Traffic Signal has commenced.
“Company” shall mean Coppell Crossing, LP, a Texas Limited Partnership.
“Completion of Construction” shall mean that: (i) the Traffic Signal has been completed,
and (ii) the City and applicable governmental authorities have accepted the Traffic Signal.
“Effective Date” shall mean the last date of execution hereof.
“Event of Bankruptcy or Insolvency” shall mean the dissolution or termination of a party’s
existence as a going business, insolvency, appointment of receiver for any significant part of such
party’s property and such appointment is not terminated within ninety (90) days after such
appointment is initially made, any general assignment for the benefit of creditors, or the
commencement of any proceeding under any bankruptcy or insolvency laws by or against such party
and such proceeding is not dismissed within ninety (90) days after the filing thereof.
“Expiration Date” shall mean the date on which all parties have fully satisfied their
respective obligation herein.
“Force Majeure” means any contingency or cause beyond the reasonable control of a
party including, without limitation, acts of God or the public enemy, war, terrorism, riot, civil
commotion, insurrection, criminal acts by unrelated third parties, government or de facto
governmental action (unless caused by acts or omissions of the party) adverse weather, fires,
explosions or floods, strikes, slowdowns or work stoppages.
“Grant” shall mean an economic development grant to offset the cost for the design
and installation of the Traffic Signal incurred and paid by Company not to exceed
$185,802.30.
“Land” shall mean the real property described in Exhibit “A”.
“Payment Request” shall mean a written request from Company to the City for payment of a
Grant accompanied by copies of invoices, bills, receipts and such other information as may be
reasonably requested by City to document Company expenditures for the Warrant Study, Traffic
Impact Analysis, and the cost to design and install the Traffic Signal.
“Traffic Signal” shall mean a traffic control signal to be installed at the intersection of
Denton Tap Road and Highland Drive in accordance with plans to be approved by the City and
applicable governmental authorities.
Article III
Coppell: Coppell Crossing, LP Economic Development Incentive Agreement Page 3
24351
Economic Development Grants
3.1 Grant. Subject to the Company’s continued satisfaction of all the terms and
conditions of this Agreement, and the Company’s obligation to repay the Grant pursuant to
Section 5.2 hereof, City agrees to provide the Company with Grant as set forth herein. The City
shall provide the Grant to the Company within sixty (60) business days after City’s receipt of a
Payment Request following the Completion of Construction of the Traffic Signal.
3.2 Current Revenue. The Grant made hereunder shall be provided solely from
lawfully available funds that have been appropriated by the City. Under no circumstances shall the
obligations of the City hereunder be deemed to create any debt within the meaning of any
constitutional or statutory provision. Consequently, notwithstanding any other provision of this
Agreement, the City shall have no obligation or liability to pay the Grant unless the City
appropriates funds to make such payment during the budget year in which such Grant is payable.
Further, the City shall not be obligated to pay any commercial bank, lender or similar institution for
any loan or credit agreement made by the Company. None of the obligations of the City under this
Agreement shall be pledged or otherwise encumbered in favor of any commercial lender and/or
similar financial institution
3.3 Market Street. The Company agrees to enter into an agreement with United
Supermarkets, LLC for the lease and occupancy of a portion of the Land for a “Market Street”
grocery store.
Article IV
Conditions to Grants
The obligation for the City to provide the Grant hereunder shall be conditioned upon the
Company’s continued compliance with the terms and conditions of this Agreement, and each of
the conditions set forth below:
4.1 The Company shall, as a condition precedent to the payment of a Grant, provide
the City with the respective Payment Request for the Grant.
4.2 The Company shall not have an uncured breach or default of this Agreement.
4.3 The Company shall, subject to events of Force Majeure, cause Commencement of
Construction to occur on or before November 30, 2008 after the Effective Date, and subject to
events of Force Majeure to cause Completion of Construction to occur on or before February 28,
2009 thereafter.
4.4 The Company shall have entered into the Lease.
Coppell: Coppell Crossing, LP Economic Development Incentive Agreement Page 4
24351
Article V
Termination
5.1 Termination. This Agreement shall terminate upon the occurrence of any one or
more of the following:
(a) the execution by all parties of a written agreement terminating this
Agreement;
(b) the Expiration Date;
(c) by either party by written notice of termination to the other party, in the
event other party breaches any of the terms or conditions of this
Agreement and such breach is not cured within thirty (30) days after
written notice thereof; or
(d) by the City, upon written notice of termination if the Company suffers an
Event of Bankruptcy or Insolvency;
(e) by the City, upon written notice of termination if any Impositions owed to the
City or the State of Texas by the Company and/or Company shall become
delinquent (provided, however the Company retains the right to timely and
properly protest and contest any such Impositions) and such delinquent
Impositions are not paid within thirty (30) days after written notice thereof;
or
(f) by the City, upon written notice of termination, if any subsequent Federal or
State legislation or any decision by a court of competent jurisdiction declares
or renders this Agreement invalid, illegal or unenforceable;
5.2 In the event the Agreement is terminated by the City pursuant to Section 5.1(c) for a
breach of Section 3.3 hereof, the Company shall immediately pay to the City an amount equal to the
sum of the Grant paid by the City to the Company immediately proceeding the date of such
termination, plus interest at the rate periodically announced by the Wall Street Journal as the
prime or base commercial lending rate, or if the Wall Street Journal shall ever cease to exist or
cease to announce a prime or base lending rate, then at the annual rate of interest from time to
time announced by Citibank, N.A. (or by any other New York money center bank selected by the
City) as its prime or base commercial lending rate, from the date of termination until paid.
Article VI
Miscellaneous
6.1 Binding Agreement; Assignment. The terms and conditions of this Agreement
are binding upon the successors and permitted assigns of the parties hereto. This Agreement
may not be assigned without the prior written consent of the City Manager.
6.2 Limitation on Liability. It is understood and agreed among the parties that the
Company and the City, in satisfying the conditions of this Agreement, have acted independently,
and assume no responsibilities or liabilities to third parties in connection with these actions.
Coppell: Coppell Crossing, LP Economic Development Incentive Agreement Page 5
24351
6.3 No Joint Venture. It is acknowledged and agreed by the parties that the terms
hereof are not intended to and shall not be deemed to create a partnership or joint venture among
the parties.
6.4 Authorization. Each party represents that it has full capacity and authority to
grant all rights and assume all obligations that are granted and assumed under this Agreement.
6.5 Notice. Any notice required or permitted to be delivered hereunder shall be
deemed received (i) three (3) days after deposit into the United States Mail, postage prepaid,
certified mail, return receipt requested, addressed to the party at the address set forth below or
(ii) on the day actually received if sent by courier or otherwise hand delivered.
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P.O. Box 478
Coppell, Texas 75019
With a copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
If intended for Company, to:
Coppell Crossing, L.P.
7001 Preston Road, Suite 500
Dallas, Texas 75205
Attn: Robert V. Dorazil
Telephone: 214-224-4600
Telecopy: 214-219-2080
Any party shall have the right to change its address for notice by sending notice of change of
address to each other party, in the manner described above.
6.6 Entire Agreement. This Agreement is the entire agreement between the parties
with respect to the subject matter covered in this Agreement. There is no other collateral oral or
written Agreement among the parties that in any manner relates to the subject matter of this
Agreement, except as provided or referred to in this Agreement or as provided in any Exhibits
attached hereto.
Coppell: Coppell Crossing, LP Economic Development Incentive Agreement Page 6
24351
6.7 Governing Law. This Agreement shall be governed by the laws of the State of
Texas; and venue for any action concerning this Agreement shall be in the State District Court of
Dallas County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of
said court.
6.8 Amendment. This Agreement may only be amended by a written agreement
executed by all parties.
6.9 Legal Construction. In the event any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention
of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or
unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable
and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable.
6.10 Recitals. The recitals to this Agreement are incorporated herein.
6.11 Counterparts. This Agreement may be executed in counterparts. Each of the
counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one
and the same instrument.
6.12 Exhibits. The exhibits to this Agreement are incorporated herein by reference for
all purposes wherever reference is made to the same.
6.13 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period
of time following the termination of this Agreement shall survive termination.
6.14 Employment of Undocumented Workers. During the term of this Agreement the
Company agrees not to knowingly employ any undocumented workers and if convicted of a
violation under 8 U.S.C. Section 1324a (f), the Company shall repay the amount of the Grants
and any other funds received by the Company from the City as of the date of such violation
within 120 business days after the date the Company is notified by the City of such violation,
plus interest at the rate of 6% compounded annually from the date of violation until paid. The
Company is not liable for a violation of this section by a subsidiary, affiliate, or franchisee of the
Company or by a person with whom the Company contracts.
[Signatures Appear on the Following Pages]
Coppell: Coppell Crossing, LP Economic Development Incentive Agreement Page 7
24351
EXECUTED in duplicate originals this the ___ day of, _______ 2008.
City of Coppell, Texas
By:
Douglas N. Stover, Mayor
Attest:
By:
Libby Ball, City Secretary
Agreed as to Form:
By:__________________________
City Attorney
EXECUTED in duplicate originals this the day of, 2008.
Developer:
COPPELL CROSSING, L.P., a Texas Limited Partnership
BY: UCD Coppell, G.P., L.P., a Texas limited partnership, its general partner
BY: UNITED COMMERCIAL DEVELOPMENT CORP., a Texas
corporation, its general partner
By:
Robert V. Dorazil
Vice President
Coppell: Coppell Crossing, LP Economic Development Incentive Agreement Page 8
24351
Exhibit “A”
Legal Description of Property
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:
Parks and Recreation
November 11, 2008
8/C
✔
CONTRACT/BID or PROPOSAL
Consider approval for the procurement of five John Deere 997 Z-Turn Mowers through Buy Board Contract Number
292-08 from John Deere for the amount not to exceed $61,934.95; and authorizing the City Manager to sign all
required documents relative to the purchase.
See attached memo.
Funds are budgeted in the Parks & Recreation Division for the purchase of five (5) replacement mowers.
Staff recommends approval.
^John Deere 1-AR
PARKS AND LEISURE SERVICES DEPARTMENT
INTEROFFICE MEMO
DATE: October 21, 2008
TO: Mayor and City Council
FROM: Brad Reid, Director of Parks and Recreation
RE: 2008-09 Equipment Recommendation
Background:
The 2008-09 Budget contains line items for the purchase of replacement equipment for
Parks and Athletic Fields maintenance.
Staff recommends the following (5) pieces of equipment to be purchased through the
BuyBoard Vendor Contract. Bidding is not required if equipment is purchased through
this Contract.
Equipment Unit Price
(1)John Deere 997 rear discharge $12,350.03
(4)John Deere 997 side discharge $49,584.92
TOTAL $61,934.95
The Parks and Recreation Department has budgeted this year for the purchase of the (5)
pieces of equipment listed above. All (5) purchases will fall within the monies budgeted.
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
November 11, 2008
8/D
✔✔
ORDINANCE
Consider approval of an Ordinance for Case No. PD-162R-MF-2, Gunner Subdivision, Lots 1 & 2, Block A, a zoning
change from PD-162-MF-2 (Planned Development District 162 – Multifamily-2) to PD-162R-MF-2 (Planned Development
District 162- Revised – Multi-family-2), to allow the conversion of a portion of the existing leasing office/amenity area
into three residential units, to add garages/storage areas, and to reconfigure parking spaces on 37.8 acres of property
located 1717 and 1721 Belt Line Road and authorizing the Mayor to sign.
On September 18, 2008, the Planning Commission unanimously
recommended approval of this zoning change (5-0). Commissioners
Frnka, Shute, Haas, Sangerhausen, and Kittrell voted in favor, none
opposed.
On October 14, 2008, Council unanimously approved this zoning
change (7-0).
Staff recommended APPROVAL.
@PD-162R-MF-2, GS ORD,1-AR (con)
1 TM 32587.2.000
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND
MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE
AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-162-
MF-2 (PLANNED DEVELOPMENT DISTRICT 162 –
MULTIFAMILY-2) TO PD-162R-MF-2 (PLANNED DEVELOPMENT
DISTRICT 162- REVISED – MULTI-FAMILY-2) TO ALLOW THE
CONVERSION OF A PORTION OF THE EXISTING LEASING
OFFICE/AMENITY AREA INTO THREE RESIDENTIAL UNITS, TO
ADD GARAGES/STORAGE AREAS, AND TO RECONFIGURE
PARKING SPACES, ON 37.8 ACRES OF PROPERTY LOCATED
1717 AND 1721 BELT LINE ROAD AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED
HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES;
PROVIDING FOR THE APPROVAL OF THE REVISED SITE PLAN,
FLOOR PLANS, AND ELEVATIONS, ATTACHED HERETO AS
EXHIBITS “B”, “C” AND “D”, 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-162R-MF-2 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:
2 TM 32587.2.000
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 amended to grant a change in zoning from PD-162-MF-2
(Planned Development District 162 – Multifamily-2) to PD-162R-MF-2 (Planned
Development District 162- Revised – Multi-family-2) to allow the conversion of a portion
of the existing leasing office/amenity area into three residential units, to add garages/storage
areas, and to reconfigure parking spaces, on 37.8 acres of property located 1717 and 1721
Belt Line Road and being more particularly described in Exhibit “A”, attached hereto and
made a part hereof for all purposes.
SECTION 2. That the property shall be developed and used only in accordance with the
following development conditions as set forth herein below;
A) Except as amended herein, the property shall be developed and used in
accordance with Planned Development Ordinance, Ordinance 91500-A-182
which is incorporated herein as set forth in full and hereby republished.
B) All trees affected by the parking lot revisions shall be replaced in
accordance with the ordinances of the City of Coppell.
C) A tree shall be provided in a landscape island at the end of each parking
row.
SECTION 3. That Revised Site Plan, Floor Plan and Elevations attached hereto as
Exhibits “B”, “C”, and “D,” respectively, and made a part hereof for all purposes as special
conditions, are hereby approved.
3 TM 32587.2.000
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 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
4 TM 32587.2.000
($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 ___________________, 2008.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb Reviewed & Revised 11/5/08)
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
November 11, 2008
8/E
✔
ORDINANCE
Consider approval of an Ordinance for Case No. PD-235-O, Denton Creek @ Sandy Lake Addition, Lot 2, Block A, a
zoning change from SF-12 (Single Family-12) to PD-235-O (Planned Development District 235-Office), to allow the
construction of a two-story, 11,632-square-foot office building on 0.83 acres of property located on the north side of
Sandy Lake Road, approximately 600 feet west of Starleaf Road and authorizing the Mayor to sign.
.
On September 18, 2008, the Planning Commission unanimously
recommended approval of this zoning change (5-0). Commissioners
Frnka, Shute, Haas, Sangerhausen, and Kittrell voted in favor, none
opposed.
On October 14, 2008, Council unanimously approved this zoning
change (7-0).
Staff recommended APPROVAL.
@PD-235-0,DC-SLORD,L2,BA,1-AR(con)
1 TM 32588.2.000
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND
MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE
AMENDED, BY GRANTING A CHANGE IN ZONING FROM SF-12
(SINGLE FAMILY-12) TO PD-235-O (PLANNED DEVELOPMENT
DISTRICT 235-OFFICE), TO ALLOW THE CONSTRUCTION OF A
TWO-STORY, 11,632-SQUARE-FOOT OFFICE BUILDING ON 0.83
ACRES OF PROPERTY LOCATED ON THE NORTH SIDE OF
SANDY LAKE ROAD, APPROXIMATELY 600 FEET WEST OF
STARLEAF ROAD, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND
INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR
THE APPROVAL OF THE SITE PLAN, TREE SURVEY, LANDSCAPE
PLAN, AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS
“B”, “C”, “D” AND “E”, RESPECTIVELY; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of
the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to
the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing
to all property owners generally, and to all persons interested and situated in the affected area
and in the vicinity thereof, the said governing body is of the opinion that Zoning Application
No. PD-235-O 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 SF-12 (Single
2 TM 32588.2.000
Family-12) to PD-235-O (Planned Development District 235-Office), to allow the
construction of a two-story, 11,632-square-foot office building on 0.83 acres of property
located on the north side of Sandy Lake Road, approximately 600 feet west of Starleaf
Road, and being more particularly described in Exhibit “A”, attached hereto and made a part
hereof for all purposes.
SECTION 2. That the property shall be developed and used only in accordance with
following development conditions as set forth herein below;
A) Tree removal permit required prior to start of construction.
B) Developer shall be required to construct a left turn lane for west bound Sandy
Lake Road, reestablish landscaping and reconfigure irrigation; and, any such
reestablished landscaping and irrigation alteration shall be coordinated with the
appropriate City department.
C) The property owners shall construct a six-foot (6’) masonry screening wall along
the west and north property lines, which shall be deferred until the residential
property adjacent thereto is conveyed from common ownership with the owner
of this office building, as established at the date of passage of this ordinance.
SECTION 3. That Site Plan, Tree Survey, Landscape Plan, and Elevations, Attached
hereto as Exhibits “B”, “C”, “D” and “E” respectively, and made a part hereof for all purposes
as special conditions, are hereby approved.
3 TM 32588.2.000
SECTION 4. That the above property shall be developed and used only in the manner
and for the purpose provided for by the O (Office) District regulations, 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.
4 TM 32588.2.000
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 ___________________, 2008.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb Reviewed & Revised 11/5/08)
Location Diameter Species Canopy Crown % Live Notes Protected Tree to be(Tree #) (DBH)(in) Points (ft) Class Crown Removed3862 40 Elm 35 35 Dominate 80 Yes36963 12 Hackberry 12 0 CoDominate 50 Yes61264 14 Hackberry 2 4 CoDominate 50 Yes141265 10 Hackberry 7 6 CoDominate 50 Yes131266 10 Hackberry 5 6 CoDominate 50 Yes131167 8 Hackberry 6 6 CoDominate 50 No121168 Hackberry 0 0 CoDominate 50 5-7 Trees No12 1-7" Dia15 Declining69 30 Mulberry 18 20 Dominate 30 Weak/ Yes Yes9 Watersprout
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
November 11, 2008
8/F
✔
ORDINANCE
Consider approval of an Ordinance for Case No. S-1248-C, Papa Murphy’s, a zoning change from C (Commercial) to
S-1248-C (Special Use Permit-1248-Commercial), to allow a 1,226-square-foot grocery take-out to be located at 612 E.
Sandy Lake Road and authorizing the Mayor to sign.
On September 18, 2008, the Planning Commission unanimously
recommended approval of this zoning change (5-0). Commissioners
Frnka, Shute, Haas, Sangerhausen, and Kittrell voted in favor, none
opposed.
On October 14, 2008, Council unanimously approved this zoning
change (7-0).
Staff recommended APPROVAL.
@S-1248-C, PM's ORD, 1-AR (con)
1 TM 32590.2.000
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY
OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A
CHANGE IN ZONING FROM C (COMMERCIAL) TO S-1248-C (SPECIAL
USE PERMIT-1248-COMMERCIAL), TO ALLOW A 1,226-SQUARE-FOOT
CONVENIENCE STORE FOR RETAIL FOOD PREPARATION LOCATED
AT 612 E. SANDY LAKE ROAD, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND
INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE
SITE PLAN, FLOOR PLAN 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-1248-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-1248-C (Special
Use Permit-1248-Commercial), to allow a 1,226-square-foot convenience store for retail food
preparation located at 612 E. Sandy Lake Road 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 a take out grocery is hereby approved subject to
the following special conditions:
2 TM 32590.2.000
A. The development shall be in accordance with the site plan, floor plan and sign
plan.
B. Install and maintain a grease trap as required for the preparation and disposal of
food preparation in accordance with applicable building and health codes of the
City.
C. Signage for this building (color, size font, etc.) will be in accordance with
Exhibit D, which is incorporated in Section 3, Elevation and Signage.
SECTION 3. That the Site Plan, Floor Plan 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.
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.
3 TM 32590.2.000
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
___________________, 2008.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb [reviewed only] 11/5/08)
1
CONCEPTUAL DRAWING ONLY:
ALL RIGHTS RESERVED:
SALES:
DATE:
DESIGNER:TJV
FILENAME: 03-0311r1
Revision Date Description
SALES APPROVAL
CUSTOMER APPROVAL
LANDLORD APPROVAL
Dimensions are approximate & may change due to Construction factors or exact field conditions. Colors Shown areas close as printing will
a l l o w ; a l w a y s F o l l o w w r i t t e n s p e c i f i c a t i o n s .
This design has been created for you in connection With a project being planned for you by ADART. It may not be shown to anyone
outside your Organization, and may not be reproduced In any manner without prior consent.
2609 SAGEBRUSH DRIVE
SUITE 204
FLOWER MOUND, TEXAS 75028
T.800.675.6353
F.469.322.1915
612 E SANDY LAKE RD
COPPELL, TX
Doug Head
7/28/08
PAGE OF 2
R1/TJV/9-5-08/chg letter style
17'-0" store front
PROPOSED SOUTH ELEVATION SCALE: 3/8”=1’-0”
12'-4"11"LETTER LAYOUT SCALE: 1”=1’-0”12'-0"8"CONSTRUCTION
RETURN DEPTH
RETURN COLOR
TRIM CAP
FACES
ILLUMINATION
ACRYLIC COLOR
ELECTRICAL
ALUMINUM - .40 RETURNS AND .63 BACKS
5”
WHITE
1” WHITE JEWLITE TRIM CAP
LEXAN
WHITE LED
WHITE
REMOTE
LETTER SECTION N.T.S.
MINIMUM (2) ¼" DIAMETER WEEP HOLES
IN LOW POINTS OF EACH LETTER.
INSTALL IN ACCORDANCE W/NEC
POWER CABLE THROUGH
½" DIAMETER FLEXIBLE METALLIC CONDUIT.
ACRYLIC FACES.
5"
1" JEWELITE FACE RETAINERS
.050" THICK ALUMINUM RETURNS
LIGHT-EMITTING DIODE STRIP
PS3 POWER SUPPLY INSIDE GAL. METAL BOX
BEHIND WALL AS REQUIRED
17 SQUARE FT TOTAL
ALL WHITE LETTER CONSTRUCTION
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
November 11, 2008
9
✔
PUBLIC HEARING
Consider approval of Case No. PD-161R2-SF-12, Stratford Manor, zoning change request from PD-161-SF-12 (Planned
Development District-161-Single Family-12) to PD-161R2-SF-12 (Planned Development District-161 Revision 2-Single
Family-12) to allow a concrete block wall within and a gazebo roof to overhang the 20-foot buffer area, as specified in
Section 2(D) of Ordinance #91500-A-177, along the rear of Lot 12, Block A, property known as 709 Stratford Lane.
The following P&Z conditions remain outstanding:
1. Amend the PD to allow this CMU screening fence on this lot.
2. Owner will procure a building permit for the fence, and arbor.
3. It is established the arbor is not infringing on the 20-foot rear setback.
On October 16, 2008, the Planning Commission unanimously
recommended approval of this zoning change (7-0), subject to the
above-stated conditions. Commissioners Frnka, Shute, Jett, Haas,
Sangerhausen, Kittrell and Shipley voted in favor, none opposed.
Staff recommended APPROVAL.
@01 PD-161R2-SF-12, SM, 1-AR
ITEM #5
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-161R2-SF-12, Stratford Manor
P&Z HEARING DATE: October 16, 2008
C.C. HEARING DATE: November 11, 2008
STAFF REP.: Gary L. Sieb, Director of Planning
LOCATION: 709 Stratford Lane
SIZE OF AREA: 18,981 square feet lot
CURRENT ZONING: PD-161-SF-12 (Planned Development District-161-Single Family-12)
REQUEST: A zoning change to PD-161R2-SF-12 (Planned Development
District-161 Revision 2-Single Family-12) to allow a concrete block
wall within, and a gazebo (arbor) roof to overhang the 20-foot
buffer area, as specified in Section 2(D) of Ordinance #91500-A-
177.
APPLICANT: Mr. Tony Pack
709 Stratford Lane
Coppell, TX. 75019
(972) 471-0524
Fax: (972) 471-0705
HISTORY: There has been no zoning history on the subject lot although a
Planned Development district for a 31 lot single family residential
subdivision was approved by City Council in June of 1997
TRANSPORTATION: DeForest Road is a two-lane undivided asphalt road contained
within a variable width street right-of-way ranging from 40 to 50
feet.
ITEM #5
Page 2 of 3
SURROUNDING LAND USE & ZONING:
North: Single-family residential structure; PD-161-SF-12
South: Single-family residential structure; PD-161-SF-12
East: Single-family residential structure; PD-161-SF-12
West : Developing single-family structure; SF-12
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property suitable for single-
family residential uses.
DISCUSSION: This is a request to allow an already constructed CMU screening
wall to remain on a single family lot in the Stratford Manor
subdivision. As explained to staff, this wall has been in existence
for over five years, and was only recently brought to the attention
of the property owner that it was illegal. Unknown to the property
owner, no building permit was obtained from the contractor for
construction of the wall. In addition, there is a lattice-work arbor
that may or may not be in violation of code. On examination of
documents provide by the property owner, this arbor appears to
be outside the 20 foot rear yard setback, but is included here to
remove any question of its validity.
Regarding the screening wall, as mentioned above, the applicant
states he was unaware that a building permit was not procured
by his contractor when the wall was built over five years ago.
When he was recently advised that a permit was not obtained,
he contacted our office and requested guidance to retain this
existing fence. We advised him that an amendment to the PD
would be required to retain it, which initiated this request.
Every property owner on this side of Stratford Lane has a rear
privacy fence. Some are wood, others are masonry. There are
two elements that make this request unique. One, a building
permit was never issued to allow the fence to be constructed.
Two, CMU is not defined as a masonry building material in
Coppell, so the PD would need to specifically allow it here. Since
the fence is already up, has been here for over five years with no
complaints, the owner has stated he did not know a building
permit was not issued, the fence was constructed inside the
property line to preserve all trees within the fence construction
area, and the fact that every other home owner on this side of
Stratford Lane has a fence, it would seem prudent to allow the
existing fence to remain.
ITEM #5
Page 3 of 3
Regarding the arbor structure, the applicant has provided staff
with documentation that indicates the arbor is at least 22 feet
behind the rear property line, hence; only a building permit would
be needed to make the structure legal. Staff supports the
applicant’s requests.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request with the following conditions:
1. Amend the PD to allow this CMU screening fence on this lot.
2. Owner will procure a building permit for the fence, and arbor.
3. It is established the arbor is not infringing on the 20 foot rear setback.
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. Applicant’s brochure containing various exhibits
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
November 11, 2008
10
✔
PUBLIC HEARING
Consider approval of Case No. PD-236-SF-12, Bethel Road Manor, a zoning change request from C (Commercial) and
SF-12 (Single Family-12) to PD-236-SF-12 (Planned Development-236-Single Family-12) to allow the construction of a
single-family home with an eight-foot side yard on property located on the north side of Bethel Road, known as 234 W.
Bethel Road.
The following P&Z conditions remain outstanding:
1. Approve the elimination of the alley requirement.
2. Residence will be required to be equipped with an automatic fire sprinkler system based on square footage of
structure and distance from a public street.
On October 16, 2008, the Planning Commission unanimously
recommended approval of this zoning change (7-0), subject to the
above-stated conditions. Commissioners Frnka, Shute, Jett, Haas,
Sangerhausen, Kittrell and Shipley voted in favor, none opposed.
Staff recommended APPROVAL.
@02 PD-236-SF-12, BRM, 1-AR
ITEM #6
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
PD-236-SF-12, Bethel Road Manor
P&Z HEARING DATE: October 16, 2008
C.C. HEARING DATE: November 11, 2008
STAFF REP.: Gary L. Sieb, Director of Planning
LOCATION: North side of Bethel Road, west of the Alexander Court
Subdivision
SIZE OF AREA: 2.78 acres
CURRENT ZONING: C (Commercial) and SF-12 (Single Family-12)
REQUEST: PD-236-SF-12 (Planned Development-236-Single Family-12) to
allow the construction of a single-family home with an eight-
foot side yard.
APPLICANT: Philip A. Berkebile Robert Richardson
752 Lexington Avenue Doug Connally and Assoc.
Coppell, Texas 75019 11545 Pagemill #200
972-304-5833 Dallas, Texas, 75243
FAX: 972-462-7530 214-349-9485
FAX: 214-349-2216
HISTORY: In June 2003 Council amended the Land Use Map of the 1996
Comprehensive Master Plan on approximately 16.5 acres of
property, from Neighborhood Retail to Residential Low Density
which included this property, and the property to the east
(now Alexander Court). Also considered at that public
hearing was a Planning and Zoning Commission initiated
rezoning of this area from C (Commercial) to SF-12 (Single
Family-12). The former owner of the western portion of this
property (Ruby McDowell) agreed to the rezoning, however,
the previous owner of the eastern property requested that her
property not be rezoned to residential at that time, and retain
it’s C (Commercial) zoning designation. That property was
ITEM #6
Page 2 of 4
recently purchased and rezoned to PD-220R-SF-12, (Alexander
Court). The ownership of the ¾ acre leave-out tract (a portion
of the current request area) between PD-220R-SF-12 and the
former McDowell property had been in question and was not
part of either rezoning actions, therefore retained it’s
Commercial designation.
TRANSPORTATION: Bethel Road is currently a two lane, asphalt road. It is
projected to have a variable width right-of-way containing a
28 foot wide concrete roadway. Based upon current
projections, the road is scheduled for construction no sooner
than the third quarter of 2009.
SURROUNDING LAND USE & ZONING:
North–vacant residential lots - PD-220R-SF-12 (Alexander Court)
South – single family homes – PD-108R2 (The Reserve)
East – vacant residential lots - PD-220R-SF-12 (Alexander Court)
West – undeveloped – SF-12
COMPREHENSIVE PLAN: The Comprehensive Master Plan, as amended in 2003, shows
this property suitable for Residential Low Density.
DISCUSSION: As discussed in the HISTORY section, this (C) Commercial
zoned 3/4 acre tract was a leave-out parcel when the
abutting properties were rezoned to residential uses under
separate zoning actions. By rezoning this parcel from a
Commercial to a residential classification, the entire zoning
pattern will make more sense in that consistent zoning will
occur across the board on the north side of Bethel Road. In
addition, by rezoning to one classification, the property
becomes more developable as a complete parcel, making
ultimate development on the 2.5 acres more easily
accommodated. Also, the property would then retain
identical zoning requirements such as setbacks, coverage,
land use, height restrictions, construction materials, etc. on
the entire parcel. In observing that derivatives of SF-12
zoning are located on each side of this parcel, SF-12 zoning
makes the most sense here. Because development of this
property is envisioned to accommodate an 11,000 square
foot house on a 2.5 acre parcel, large lot single family zoning
is appropriate. By definition, SF-12 zoning is large lot zoning.
ITEM #6
Page 3 of 4
The Site Plan shows the house on a 2.5 acre tract. The main
entry is from a bridge which used to be the extension of
Bethel School Road from Denton Tap to Bethel Road. In the
early 90’s this road was eliminated from the thoroughfare
plan and reverted to private ownership. Circulation through
the property shows a private, secondary entrance to this
property from Brock Street. In conversations with the
applicant, electronic gates would provide selective entry
into Brock from this property.
Regarding the zoning case, because of a desire to eliminate
the alley requirement, and a request to reduce a required
side yard, Planned Development zoning is requested for the
existing SF-12 parcel as well as the C zoned tract. From the
standpoint of requesting one zoning classification on the
entire tract, this request makes sense, However, what’s
troubling to staff is the fact that the applicant appears to
have designed a house for this property without properly
addressing zoning requirements, especially as zoning relates
to side yards. Specifically, the application shows an 8 foot
side yard on the west side of this property ignoring the
required 10% lot width requirement of approximately 45 feet
mandated by SF-12 zoning. It appears that the house was
designed first, then forced on this parcel resulting in a bad
fit. Granted this proposal would save several large trees on
site, and it is recognized that the west side yard setback
(even if reduced to 8 feet) would be some distance from the
neighbor on the west. However, it would seem an 11,000
square foot house with two 3-car garages and an interior
courtyard on 2.5 acres of land could be designed to meet
all SF-12 zoning requirements. It could be argued that this is
a self created hardship, and by redesigning a portion of the
house, all zoning requirements (with the exception of the
alley) could be met.
We have had extensive conversations with the applicant
and his architect regarding this topic, and they insist that this
plan is best for development of the property. Although we
could argue both the pros and cons of that point, in the final
analysis we do feel there is some merit to the applicant’s
position that, as a practical matter, there is substantial
distance between this property and potential development
to the west. In addition, the floodplain and some tree cover
help to define the distance between the two properties.
Technically, with 427 feet of frontage on a dedicated street,
the required side yard setback would be 43 feet. However,
based upon the comments made above, staff could
support the Planned Development request with conditions
ITEM #6
Page 4 of 4
that would require slight modification to the design of the
house while allowing for some reduction in the side yard
setback. Because the original site had frontage on Bethel
Road of approximately 250 feet we could support a side
yard setback of 10% of the lot width (25 feet) as required in
the zoning ordinance and not penalize the property owner
for the additional land added to the site and currently
zoned C.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request with the
following conditions:
1. Enlarge the west side setback from 8 feet to 25 feet.
2. Approve the elimination of the alley requirement.
3. Indicate (in feet and inches) total height of structure
from grade to top of roofs/chimneys on all elevation
exhibits.
4. Residence will be required to be equipped with an
automatic fire sprinkler system based on square
footage of structure and distance from a public
street.
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
3. Recommend modification of the request.
4. Take under advisement for reconsideration at a later
date.
ATTACHMENTS:
1. Zoning Exhibit
2. Site Plan (Sheet A1.1)
3. Generalized Landscape Plan (Sheet A1.1A)
4. Floor Plans (Sheets A4.1 and A4.2)
5. Elevations (Sheets A4.3 and A4.4)