Loading...
CP 2009-03-10 NOTICE OF CITY COUNCIL MEETING AND AGENDA MARCH 10, 2009 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 CLAY PHILLIPS, City Manager MEETING TIME AND PLACE: Call to Order 5:30 p.m. Council Chambers (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:00 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, March 10, 2009, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION 1. Call to order. ag031009 Page 1 of 6 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road and north of Sandy Lake Road and west of Coppell Road. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Agenda Items for Joint Meetings with the Planning & Zoning/Economic Development and Library/Park Boards. B. Discussion regarding the naming the 121 Toll Road. C. Discussion regarding the 121 Sound Walls. D. Presentation regarding Gas Well Ordinance. E. 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. Presentation and adoption of final Coppell 2030 document. 8. Citizens' Appearances. ag031009 Page 2 of 6 ITEM # ITEM DESCRIPTION CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: February 24, 2009. B. Consider approval to switch wireless cellular and data services provider from Sprint/Nextel to Verizon Wireless, per GSA-FSS cooperative purchasing contract, and authorizing the City Manager to approve all necessary documentation. C. Consider approval of an Ordinance for Case No. PD-228R2-HC, Vista Ridge Retail (Taste of Market Street), zoning change from PD- 228R-HC (Planned Development-228 Revision-Highway Commercial) to PD-228R2-HC (Planned Development-228 Revision 2-Highway Commercial) to allow an externally lit gas price monument sign for the convenience store with fuel sales and drive- through on approximately 1.19 acres of property, approximately 200 feet north of the northeast corner of S.H. 121 and Denton Tap Road and authorizing the Mayor to sign. D. Consider approval of an Ordinance for Case No. PD-238-HC, Coppell Office Village, zoning change from HC (Highway Commercial) to PD-238-HC (Planned Development-238-Highway Commercial) to attach a detail site plan to allow a one-story, 23,200-square-foot office building on 2.02 acres of property located along the south side of S.H. 121, approximately 400 feet east of Denton Tap Road and authorizing the Mayor to sign. END OF CONSENT 10. Consider approval of awarding Proposal No. 080680DHH to USA Shade and Fabric Structure, Inc, in the amount of $59,910.00, for the replacement of the fabric on the shade structures at Wagon Wheel Park, Baseball Fields 1-5; and authorizing the City Manager to execute any necessary documents. 11. PUBLIC HEARING: Consider approval of Case No. PD-217R-C, Doggie’s Wonderland, a zoning change request from C (Commercial) and PD-217-C (Planned Development-217-Commercial) to PD-217R-C (Planned Development-217 Revised-Commercial) to expand the detail site plan to allow an increase ag031009 Page 3 of 6 ITEM # ITEM DESCRIPTION in the pet care outdoor play area on 1.01 acres of property located at 120 E. Bethel School Road. 12. PUBLIC HEARING: Consider approval of the Northlake Woodlands Center Addition, Lot 4R, Block A, Replat & Minor Plat, being a replat of the Northlake Woodlands Center Addition, Lot 4, Block A, to incorporate 0.35 acres of unplatted property to allow the expansion of the pet care outdoor play area, on 1.01 acres of property located at 120 E. Bethel School Road. 13. PUBLIC HEARING: Consider approval of the GTE Shared Services Center Addition, Lots 1R1 & 1R2, Block 1, Replat, being a replat of the GTE Shared Services Center Addition, Lot 1, Block 1 to allow for separate ownership of each lot, requiring abandonment of existing fire lane and revisions to various utility easements on 23.4 acres of property located at the north east corner of S.H. 121 and Canyon Drive. 14. PUBLIC HEARING: Consider approval of Case No. PD-239-R, Denton Creek Nursing, a zoning change request from SF-12 (Single Family-12), R (Retail) and O (Office) to PD-239-R (Planned Development-239-Retail) to attach a detail site plan to allow a 52,317-square-foot (123 beds) Nursing and Rehabilitation Facility on 6.47 acres of property located along the north side of Sandy Lake Road, between Riverchase and Riverview Drives. 15. PUBLIC HEARING: Consider approval of the Denton Creek Nursing Addition, Lot 1, Block A, Minor Plat, to establish a building site with required easements and fire lanes to allow a 52,317-square-foot Nursing and Rehabilitation Facility on 6.47 acres of property located along the north side of Sandy Lake Road, between Riverchase and Riverview Drives. 16. PUBLIC HEARING: Consider approval of Case No. PD-221R6-HC, Duke Lesley Addition, a zoning change request from PD-221R-HC (Planned Development-221- Revised-Highway Commercial) and PD-221R4-HC (Planned Development- 221-Revision 4-Highway Commercial) to PD-221R6-HC (Planned Development-221-Revision 6-Highway Commercial) to revise the Detail Plan to expand the area by 3.4 acres to allow 362 additional parking spaces and generator locations to serve the future tenant of an existing 182,700-square-foot office building on 15.296 acres of property located at the southwest corner of Dividend Drive and S. Belt Line Road. ag031009 Page 4 of 6 ITEM # ITEM DESCRIPTION 17. PUBLIC HEARING: Consider approval of the Duke Lesley Addition, Lot 3R, Block C, Replat & Minor Plat, being a replat of the Duke Lesley Addition, Lot 3, Block C to incorporate 3.4 acres of unplatted property, revising drainage and access easements to allow additional parking on 15.296 acres of property located at the southwest corner of Dividend Drive and S. Belt Line Road. 18. PUBLIC HEARING: Consider approval of Case No. PD-108R11-SF-9, The Chateaus of Coppell, a zoning change request from PD-108R9-SF-9 (Planned Development-108 Revision 9-Single Family-9) to PD-108R11-SF-9 (Planned Development-108 Revision 11-Single Family-9), to revise the PD conditions to allow up to 12 of the 56 single-family homes to have stucco exteriors, where no two stucco homes shall be spaced any closer than every second lot, on 20 acres of property located at the southwest corner of Bethel and Denton Tap Roads. 19. Mayor and Council Reports. A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting. 20. Necessary action resulting from Work Session. 21. Necessary action resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 6th day of March, 2008, at __________________. ____________________________________ Libby Ball, City Secretary ag031009 Page 5 of 6 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). ag031009 Page 6 of 6 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: March 10, 2009 ITEM #: ES-2 EXECUTIVE SESSION A. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road and north of Sandy Lake Road and west of Coppell Road. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: March 10, 2009 ITEM #: WS-3 WORK SESSION A. Discussion regarding Agenda Items for Joint Meetings with the Planning & Zoning/Economic Development and Library/Park Boards. B. Discussion regarding the naming the 121 Toll Road C. Discussion regarding the 121 Sound Walls D. Presentation regarding Gas Well Ordinance. E. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 Document Name: %wksessn 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 March 10, 2009 7 ✔ PRESENTATION Presentation and adoption of final Coppell 2030 document. Gary Roden, Barb Schmidt and members of the Coppell 2030 Committees will present to the Mayor and City Council the final document representing the Coppell 2030 Plan. Staff recommends adoption. !2030 AGENDA REQUEST FORM DATE: March 10, 2009 ITEM #: 8 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 March 10, 2009 9/A ✔ PROCEDURAL Consider approval of minutes: February 24, 2009 Minutes of the City Council meeting held on February 24, 2009. Staff recommends approval. %minutes Cm022409 Page 1 of 8 MINUTES OF FEBRUARY 24, 2009 The City Council of the City of Coppell met in Regular Called Session on Tuesday, February 24, 2009 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 Brianna Hinojosa-Flores, Councilmember (late arrival) Marsha Tunnell, Councilmember Billy Faught, Councilmember Karen Hunt, Councilmember Also present were City Manager Clay Phillips, Deputy City Secretary Christel Pettinos 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 (Open to the Public) 2. Convene Executive Session A. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road and north of Sandy Lake Road and west of Coppell Road. Mayor Stover convened into Executive Session at 5:44 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 6:00 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session Cm022409 Page 2 of 8 A. Presentation by the NTTA regarding Sound Walls/Landscaping. B. Discussion regarding Gas Well Ordinance. C. Update on the Kirkland/Minyard Projects. D. Discussion regarding Nature Center. E. Discussion of Agenda Items. Councilmember Hinojosa-Flores arrived during Work Session. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Pastor Jennifer Scott of First United Methodist 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 February 24 - March 1, 2009 as Severe Weather Awareness Week, and authorizing the Mayor to sign. Presentation: Kevin Richardson, Fire Chief, made a presentation to Council. Action: Councilmember Hinojosa-Flores moved to approve a proclamation naming February 24 - March 1, 2009 as Severe Weather Awareness Week, and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. Cm022409 Page 3 of 8 8. Report by Library Board. Jennifer Johnson, Board Member, made a presentation to Council. 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: February 10, 2009. B. Consider approval of a grant between the city of Coppell, the Coppell Education Development Corporation, and the Carrollton-Farmers Branch Independent School District for technology in the amount of $540,524.00 and authorizing the City Manager to sign. C. Consider approval of an ordinance amending the Code of Ordinances of the City of Coppell, Texas by amending Chapter 8, Section 8-3-1(A) of the Code of Ordinances; making it unlawful to park, stand, or stop a vehicle at all times on both sides of Creekview Drive from its point of intersection with Royal Lane westward and southward to its point of intersection with Bethel Road; and authorizing the Mayor to sign and execute any necessary documents. D. Consider approval of an ordinance amending the Code of Ordinances of the City of Coppell, Texas by amending Chapter 8, Section 8-3-1(A) of the Code of Ordinances; making it unlawful to park, stand, or stop a vehicle at all times on both sides of Point West Boulevard from its point of intersection with Interstate Highway 635 to its point of intersection with Dividend Drive; and making it unlawful to park, Cm022409 Page 4 of 8 stand, or stop a vehicle at all times on both sides of Dividend Drive from its point of intersection with Freeport Parkway to its point of intersection with Belt Line Road; and authorizing the Mayor to sign and execute any necessary documents. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C carrying Ordinance No. 2009-1221 and D carrying Ordinance No. 2009-1222. Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 11. Consider approval of awarding Bid #Q-0109-03 "Sidewalk Pavement Repairs" to Styles Contracting in the amount of $107,065.50, and approval of a contingency amount of up to an additional $13,000.00 to use at the discretion of the City Engineer if needed, as budgeted in the IMF; and authorizing the City Manager to sign and execute any necessary documents. Presentation: Ken Griffin, Director of Engineering, made a presentation to Council. Action: Councilmember Tunnell moved to approve the awarding Bid #Q-0109-03 "Sidewalk Pavement Repairs" to Styles Contracting in the amount of $107,065.50, and approval of a contingency amount of up to an additional $13,000.00 to use at the discretion of the City Engineer if needed, as budgeted in the IMF; and authorizing the City Manager to sign. Mayor Pro Tem Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 12. Consider approval of an ordinance of the city of Coppell, Texas by amending Chapter 11 "Industrial Waste", by Cm022409 Page 5 of 8 amending Section 11-2-5 "Hazardous Metals and Toxic Materials (local limits)", by amending the local limits from 0.2 MG/1 Molybdenum to 0.8 MG/1 Molybdenum; and authorizing the Mayor to sign. Presentation: Perri Kittles, Environmental Officer, made a presentation to the Council. Jennifer Moore, representing Trinity River Authority, addressed questions from Council. Action: No action was taken by Council. 13. Mayor and Council Reports. A. Report by Mayor Stover regarding Legislative Meetings. A. Mayor Stover reported that Councilmembers Hunt, Peters, Brancheau and City Manager Clay Phillips went to Austin on February 23 to meet with local representatives and visit with members from the Ways and Means Committee. Clay Phillips and Assistant Director Chad Beach also met with members from CASTLE – cities against the streamline tax initiative. 14. 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. Cm022409 Page 6 of 8 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 reported the CFBISD School Board is seeking community and staff input on the superintendent search. Questions can be found online. The CFBISD Book Sale begins February 26. LISD named their 9th & 10th grade buildings the Marcus 9th Grade Center and the Hebron 9th Grade Center. B. Councilmember Peters announced the CISD is calling for a Bond Election on May 9 for $55.9M. Items can be viewed online. Registration for 9th grade at NTHS will be held on February 28 at 8am to the first 70 students. The second set of 70 students will be accepted on a lottery basis to be held on March 9. Acceptance letters will go out on March 10. Spring Break will be held March 16-20. The Bad Weather Make-Up Day will be held on April 13. Finally, the School Board took no action on hiring a football coach. Councilmember Hinojosa-Flores added that the boys’ and girls’ wrestling team is going to state. C. Councilmember Faught informed the Council that the Senior Center’s new Center Manager, Lacey McKinney started on February 16. March 11 is the Spelling Bee, February 25 is the monthly birthday luncheon and March 13 is the St. Patrick’s Day Breakfast. D. Councilmember Peters stated the Partners in Mobility Coalition will be making their trip to Austin on March 25 and will make a presentation to the Transportation Council on March 26. TXDOT will award the bid for the LBJ Project on February 26. E. Nothing to report. F. Councilmember Brancheau reported that ICLEI World Congress 2009 will be held in Alberta, Canada in June. G. Councilmember Tunnell said RHD has a new executive director named Ira Corman. Also, Trinity Medical Center will soon become Baylor Medical Center of Carrollton. H. Councilmember Hunt reported that Metrocrest Medical Foundation will be celebrating 30 years of service in the community in 2009. The four areas they focus on include: providing Rx assistance to the uninsured, call buttons for Cm022409 Page 7 of 8 the elderly, removal of homemade tattoos for people leaving gangs and mammograms for uninsured women. I. Nothing to report. J. Councilmember Hunt stated the Boy Scouts collected 1100 cases of food in one day for the Metrocrest Social Services. The Annual Keyholder’s Breakfast will be held on April 2. Finally, the agency will be relocating in 2010. K. Councilmember Peters announced the Board will meet on February 26. L. Mayor Pro Tem Franklin attended the meeting on February 12 and will attend the next meeting on April 9. M. Nothing to report. N. Councilmember Faught informed Council that Paddlemania has been moved to McInnish Park on April 18. There will be a 5K run and Dragon boat Racing. Also, the US Census Bureau will be hiring soon. At this time, Council reconvened into Work Session, followed by Executive Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Presentation by the NTTA regarding Sound Walls/Landscaping. B. Discussion regarding Gas Well Ordinance. C. Update on the Kirkland/Minyard Projects. D. Discussion regarding Nature Center. E. Discussion of Agenda Items. EXECUTIVE SESSION (Closed to the Public) 2. Reconvene Executive Session A. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road and north of Sandy Lake Road and west of Coppell Road. Cm022409 Page 8 of 8 Mayor Stover reconvened into Executive Session at 9:20 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 9:52 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) 15. Necessary action resulting from Work Session. There was no action necessary under this item. 16. 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 Human Resources March 10, 2009 9/B ✔ CONTRACT/BID or PROPOSAL Consider approval to switch wireless cellular and data services provider from Sprint/Nextel to Verizon Wireless, per GSA-FSS cooperative purchasing contract, and authorizing the City Manager to approve all necessary documentation. The annual estimated spend with Verizon Wireless is $67,047.06. This transition will have an estimated savings of $27,000. Under the Cooperative Purchasing Program through GSA, state and local government entities may purchase a variety of information technology (IT) products, software, and services from contracts awarded under GSA Federal Supply Schedule 70. Funds are budgeted in the various departmental budgets for the cellular and data services. Staff seeks approval &Verizon Contract-1AR City of Coppell Texas GSA-FSS Contract Schedule Totals Notes Cost (54) BB Curve 29.99 w/free car adapter = $1,619.46 (17) Motorola vu204 0.00 / 14.99 holster / 22.49 car adapter = $637.16 (27) Boulder No PTT 0.00 / 14.99 holster / 22.49 car adapter = $1,011.96 (34) Boulder With PTT 0.00 / 14.99 holster / 22.49 car adapter = $1,274.32 (34) PC5750 $0.00 132 Voice Total Devices 34 Broadband Devices Total Equipment Costs $4,542.90 (54) 300 Bundle Share $2,699.46 $49.99 each (44) 300 Share $1,319.56 $29.99 each (34) 300 Share w/PTT $1,189.66 $34.99 each (78) Unlim Text Messaging $0.00 $10.00 each (34) Unlim Broadband Access $0.00 $42.99 each Total Monthly Service $5,208.68 $62,504.16 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 March 10, 2009 9/C ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-228R2-HC, Vista Ridge Retail (Taste of Market Street), zoning change from PD-228R-HC (Planned Development-228 Revision-Highway Commercial) to PD-228R2-HC (Planned Development-228 Revision 2-Highway Commercial) to allow an externally lit gas price monument sign for the convenience store with fuel sales and drive-through on approximately 1.19 acres of property, approximately 200 feet north of the northeast corner of S.H. 121 and Denton Tap Road and authorizing the Mayor to sign. On January 15, 2009, the Planning Commission unanimously recommended denial of this zoning change for Option #1 & Option #2 signage and recommended approval for Option #3 (7-0). Commissioners Shute, Frnka, Haas, Sangerhausen, Kittrell and Shipley voted in favor, none opposed. On February 10, 2009, Council unanimously approved the Option #3 gas price monument sign (7-0). Staff recommends APPROVAL . @PD-228R2-HC, VRR ORD, 1-AR, (con) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-228R-HC (PLANNED DEVELOPMENT-228 REVISION-HIGHWAY COMMERCIAL) TO PD- 228R2-HC (PLANNED DEVELOPMENT-228 REVISION 2-HIGHWAY COMMERCIAL) TO ALLOW AN EXTERNALLY LIT GAS PRICE MONUMENT SIGN FOR THE CONVENIENCE STORE WITH FUEL SALES AND DRIVE-THROUGH ON APPROXIMATELY 1.19 ACRES OF PROPERTY, APPROXIMATELY 200 FEET NORTH OF THE NORTHEAST CORNER OF S.H. 121 AND DENTON TAP ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE REVISED DETAIL SITE PLAN AND SIGN ELEVATION, ATTACHED HERETO AS EXHIBITS “B” AND “C”, RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-228R2- 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-228R-HC (Planned Development-228 Revision-Highway Commercial) to PD-228R2-HC (Planned Development- 228 Revision 2-Highway Commercial) to allow an externally lit gas price monument sign for the convenience store with fuel sales and drive-through on approximately 1.19 acres of property, TM 35281.2.000 2 approximately 200 feet north of the northeast corner of S.H. 121 and Denton Tap Road and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes as depicted on the site plan. SECTION 2. This Planned Development-228R2-HC shall be developed and used only in accordance with the development regulations, as follows: A. The Planned Development shall comply with the use regulations set forth in Zoning Ordinance Number 95100-A-482, except as amended herein. B. A 40 square-foot monument sign shall be located along Denton Tap Road in compliance with the attached Exhibit B, Detail Site Plan, and shall conform to the Sign Elevation attached hereto as Exhibit C hereof and shall be illuminated downward from the cast stone cap. SECTION 3. The property shall be developed and used in accordance with the HC (Highway Commercial) development standards under the Coppell Zoning Ordinance, except as amended in the Revised Detail Site Plan and Sign Elevation as attached hereto as Exhibits “B” and “C” respectively, and made a part hereof for all purposes, which are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so TM 35281.2.000 3 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 ___________________, 2009. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 2/27/09) EXHIBIT ‘A’ LEGAL DESCRIPTION Being all of Lot 5, Block A, of the Vista Ridge Retail Addition, being an addition in the City of Coppell, Dallas County, Texas Property also known as 750 North Denton Tap Road. (1) 20amp 120v circuit required Construct & Install Using Only U .L . Listed Components & In Accordance w/ National Electrical Sign Code (1) 20amp 120v circuit required (As Shown) 4’-0” x 10’-0” = 40Market Street 750 N. Denton Tap Rd. Coppell, TX Debbie Stellar G. Owens N/A 0807-120r3p1 12-9-08 S. Causseaux 5148 SITE PLANN.T.S. MONUMENT SIGN 79’-6” driveway #1 driveway #2 NOTE SETBACKS: 15’setback from property line52’-6”from driveway #1175’from driveway #279’-6”from south property line (1) 20amp 120v circuit required Construct & Install Using Only U.L. Listed Components & In Accordance w/ National Electrical Sign Code (1) 20amp 120v circuit required (As Shown) 4’-0” x 10’-0” = 40Market Street 750 N. Denton Tap Rd. Coppell, TX Debbie Stellar G. Owens N/A 0807-120r3p3 12-9-08 S. Causseaux 5148 MONUMENT SIGN SCALE: ½”= 1’-0” 7’-1” .125 FLAT CUT OUT ALUMINUM “MARKET STREET” GRAPHICS PTD. BLACK; PIN MOUNT w/ STUDS & ½” SPACERS; WHITE HIGH IMPACT PLASTIC FACE w/VINYL GRAPHICS IN FRAME w/ 1 ½” F-RETAINERS PTD. BLACK; 10” ZIP CHANGE GAS PRICING NUMERALS (12” PANEL HEIGHT); EXTERNALLY ILLUMINATED 10’-0” 1 ½1 ½” OPTION 3 3’-5”4’-0”UNLEADED 18” (As Shown) 4’-0” x 10’-0” = 40Market Street 750 N. Denton Tap Rd. Coppell, TX Debbie Stellar G. Owens N/A 0807-120r3p4 12-30-08 S. Causseaux 5148 MONUMENT SIGN SCALE: ½”= 1’-0”48”6”6”18” STONE: HILL COUNTRY CHALK CAST STONE CAP: TEXAS CREAM 6”6”18”18”30”3’-5”7’-1”4’-0”10’-0” CAST STONE BASE: TEXAS CREAM CONVENTIONAL STUCCO OVER CMU #449 BUCKSKIN GRADE LEVEL CONCRETE: 6” PERIMETER AROUND SIGN BASE 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 March 10, 2009 9/D ✔ ORDINANCE Consider approval of an Ordinance for Case No. Case No. PD-238-HC, Coppell Office Village, zoning change request from HC (Highway Commercial) to PD-238-HC (Planned Development-238-Highway Commercial) to attach a detail site plan to allow a one-story, 23,200-square-foot office building on 2.02 acres of property located along the south side of S.H. 121, approximately 400 feet east of Denton Tap Road and authorizing the Mayor to sign. On January 15, 2009, the Planning Commission unanimously recommended denial of this zoning change (6-1). Commissioners Shute, Frnka, Haas, Sangerhausen, Kittrell and Shipley voted in favor. Commissioner Jett opposed. On February 10, 2009, Council approved this zoning change (7-0). Staff recommends APPROVAL. @PD238-HD, COV ORD, 1-AR (con) 1 TM 35279.2.000 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 HC (HIGHWAY COMMERCIAL) TO PD-238-HC (PLANNED DEVELOPMENT-238-HIGHWAY COMMERCIAL) TO ATTACH A DETAIL SITE PLAN TO ALLOW A ONE-STORY, 23,200-SQUARE- FOOT OFFICE BUILDING ON 2.02 ACRES OF PROPERTY LOCATED ALONG THE SOUTH SIDE OF S.H. 121, APPROXIMATELY 400 FEET EAST OF DENTON TAP ROAD 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 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-238-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 to grant a change in zoning from HC (Highway 2 TM 35279.2.000 Commercial) to PD-238-HC (Planned Development-238-Highway Commercial) to attach a detail site plan to allow a one-story, 23,200-square-foot office building on 2.02 acres of property located along the south side of S.H. 121, approximately 400 feet east of Denton Tap 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 HC (Highway Commercial) District regulations of the Zoning Ordinance, except as set forth herein below; A) The minimum building setback along the east property line shall be 15 feet. B) The metal portions of the existing fence along the eastern property line shall not be required to be replaced with solid brick. C) The permitted uses shall be limited to professional office and medical office as defined by the Comprehensive Zoning Ordinance, except a private studio for teaching and classes in the performing or fine arts not to exceed a maximum 6,000-square-foot shall be an allowed use. D) The property shall be landscaped in accordance with the Landscape Plan attached hereto as Exhibit “C”. Variances to the minimum width of the perimeter landscape requirements and non-vehicular landscaping shall be permitted as shown on Exhibit “C”. Enhanced paving and hardscape shall be used to partially fulfill the non-vehicular landscape requirements. 3 TM 35279.2.000 E) The attached signs shall be back lit pin mounted aluminum letters in dark bronze. The maximum square footage and location of the signs will be in accordance with the regulations of the Sign Ordinance. SECTION 3. That Detail Site Plan, Landscape 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. 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. 4 TM 35279.2.000 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 ___________________, 2009. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 2/27/09) 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 March 10, 2009 10 ✔ CONTRACT/BID or PROPOSAL Consider approval of awarding Proposal No. 080680DHH to USA Shade and Fabric Structure, Inc, in the amount of $59,910.00, for the replacement of the fabric on the shade structures at Wagon Wheel Park, Baseball Fields 1-5; and authorizing the City Manager to execute any necessary documents. Award of this proposal will authorize the project to completely replace all the shade canopies at the baseball fields number 1-5 at Wagon Wheel Park. This proposal is bid through the BuyBoard and includes replacement only of the canopy material on the existing structure. The recent winds the we have experienced, along with the age of the material have added to the deterioration to the point where several of the canopies have completely torn away, leaving the spectator seating below unshaded. Funds for this project will need to be provided by General Fund Undesignated Fund Balance. ^USA Shade 1-AR CORPORATE OFFICE Dallas 8505-A Chancellor Row Dallas, TX 75247 800-966-5005 Phone 214-905-9514 Fax REGIONAL OFFICES Arizona 2628-B W. Birchwood Cir. Mesa, AZ 85202 480-446-0066 Phone 480-446-8679 Fax 707-257-7297 Fax Las Vegas 6225 S. Valley View Blvd. Suite I Las Vegas, NV 89118 702-227-5273 Phone 702-227-5132 Fax Austin 1508-A Ferguson Lane Austin, TX 78754 512-836-5500 Phone 512-836-5600 Fax California 350 Kalmus Drive Costa Mesa, CA 92626 714-427-6981 Phone 714-427-6982 Fax 927 Enterprise Way Suite A Napa, CA 94558 707-257-7296 Phone COVER SHEET PROPOSAL FOR SHADE STRUCTURES Note: This message is intended only for the use of the individual to whom it is addressed, and contains information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any unauthorized disclosure, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by phone and return the original message to the above address. A Brand of USA Shade & Fabric Structures, Inc. Date: 02/26/09 To: Kevin Price Fax: (972) 462-5149 Phone: (972) 462-5120 Pages including this cover page: 7 Project Name: Wagon Wheel Park Replacement fabric Quote Number: 080680DHH Hi Kevin, Enclosed is the up dated quote for the replacement fabric for Wagon Wheel Park . The prices below are for the manufacture and installation of the replacement fabric for the 5 fields. All of this replacement fabric is available on the Buy Board open market. The price reflected here is your cost after the Buy Board discount. Our Buy Board contract number is #269- 07. We are listed under our Corporate name USA SHADE AND FABRIC STRUCTURES. When you are ready to place your order, please initial all pages of the proposal and sign the last page. Do not hesitate to call me for further assistance. Sincerely, Dot Haymann Executive VP of Sales Phone: (972) 354-6512 PROPOSAL Corporate Mailing Address: P.O. Box 560168 Dallas, TX 75356-0168 (800) 966-5005 Remittance address: USA Shade & Fabric Structures, Inc. P.O. Box 678420 Dallas, TX 75267-8420 A Brand of USA Shade & Fabric Structures, Inc. This is a legal agreement – Please read carefully. Complete and initial all pages Purchaser: City of Coppell Date: 02/26/09 Sales Rep: Dot Haymann Contact: Kevin Price PO Number: Phone: (972) 354-6512 Phone: Parks Operation Supervisor Quote No.: 080680DHH Email: dhaymann@usa-shade.com Billing Information: Shipping Information: Jobsite Information: P.O. Box 9478 Coppell, TX 75019 Wagon Wheel Park Coppell, TX 75019 Wagon Wheel Park Coppell, TX 75019 Contact: Contact: Contact: Phone: (972) 462-5120 Phone: Phone: Fax: (972) 462-5149 Fax: Fax: Email: kprice@ci.coppell.tx.us Email: Email: STRUCTURE PRICING DESCRIPTION PRICE Cost per field to replace fabric • Removal of existing fabric • Manufacture of Replacement of fabric • 4,000 sq ft ( Approx) per field • Shadesure® Fabric • Re installation of fabric • Rental Equipment for installation • S & H • Installation $42,570.00 for the 5 fields PRICING DETAILS Accessories / Miscellaneous QTY ITEM DETAILS COST Unit Total $42,570.00 PAYMENT TERMS: Accessories/Miscellaneous (1) Upon execution of the Agreement (Deposit) Shipping/Handling $250.00 (2) Upon delivery of Sun Port(s) SUBTOTAL $42,820.00 (3) Upon completion of assembly/installation Sales Tax % (4) Other (specify): Assembly/Installation $17,090.00 NOTES: Engineering TOTAL PRICE $59,910.00 GENERAL SCOPE OF WORK PERMIT REQUIREMENTS ASSEMBLY REQUIREMENTS YES NO YES NO Purchaser is responsible for Permit Submittal Underground obstacles Dirt Removal ENGINEERING REQUIREMENTS Soil Tests Proposal –SP1 Page 2 Initials _____________ PROPOSAL Corporate Mailing Address: P.O. Box 560168 Dallas, TX 75356-0168 (800) 966-5005 Remittance address: USA Shade & Fabric Structures, Inc. P.O. Box 678420 Dallas, TX 75267-8420 A Brand of USA Shade & Fabric Structures, Inc. Building Code Concrete Cutting Type of drawings Concrete Truck Access # of sealed drawings Fencing Calculations Required Special Inspection Notes: Permits (see Permit Requirements) PRICING INCLUDES Prevailing Wages & Certified Payroll YES NO Union Wages x Assembly/Installation (based on a single mobilization) Removal of existing structure or poles x Shipping and Handling Curb Repair Brass Grommets every 9in around the perimeter Landscaping Repair Sales Tax Electrical hook-up or trenching Permit Submittal Site Plan Approval Permit fees x Site Survey Accessories Bobcat Access Coastal Primer Liquidated Damages Payment and Performance Bonds Other special conditions (noted below): Anchor Bolts Included GENERAL TERMS AND CONDITIONS AND WARRANTY 1) Proposal: The above proposal is valid for 30 days from the date first set forth above. After 30 days we reserve the right to increase prices due to the rise in costs of raw material, fuel or other cost increases. When applicable, USA Shade & Fabric Structures, Inc. reserves the right to implement a surcharge for significant increases in raw materials, including the following, but not limited to; fuel, steel and concrete. Due to the duration of time between proposals, contracts and final installation, USA Shade & Fabric Structures, Inc. reserves the right to implement this surcharge when applicable. 2) Purchase: By executing this proposal, or submitting a purchase order pursuant to this proposal (which shall incorporate the terms of this agreement specifically by reference) which is accepted by the SA Shade & Fabric Structures, Inc. (the “Company”), the purchaser identified above (“you” or the “Purchaser”) agrees to purchase the Sun Ports brand shade structures (“Structures”) and the services to be provided by the Company, as detailed in the “Structure Pricing” and “General Scope of the Work” sections of this agreement, above, or in the relevant purchase order accepted by the Company, for use by Purchaser or for installation by Company or Purchaser on behalf of a third-party who will be the ultimate owner of the Structures (the ultimate owner of a Structure, whether Purchaser or a third-party, being the “Owner”). 3) Short Ship Claims: Purchaser has 15 days from receipt of the Structures to file a short ship report in writing to its sales representative. Company will not honor claims made after this time. 4) Standard Exclusions: Unless specifically included under “General Scope of the Work” section above, this agreement does not include, and Company will not provide Services, labor or materials for any of the following work: (a) removal and disposal of any materials containing asbestos or any hazardous materials as defined by the EPA; (b) moving Owner’s property around the installation site; (c) repair or replacement of any Purchaser or Owner-supplied materials; (d) repair of concealed underground utilities not located on prints, supplied to Company by Owner during the bidding process, or physically staked out by Owner, and which are damaged during construction; or (e) repair of damage to existing surfaces that could occur when construction equipment and vehicles are being used in the normal course of construction. 5) Bonding Guidelines: If Purchaser will use or provide the Structures and Services for an Owner other than Purchaser (including, without limitation, as a subcontractor of Purchaser), Purchaser will include the following statement in Purchaser’s contract with Owner: “The manufacturer’s warranty for the Sun Ports brand shade structures is a separate document between USA Shade & Fabric Structures, Inc. and the ultimate owner of the Sun Ports brand shade structures, which will be provided to the ultimate owner at the time of completion of the installation and other services to be provided by USA Shade & Fabric Proposal –SP1 Page 3 Initials _____________ PROPOSAL Corporate Mailing Address: P.O. Box 560168 Dallas, TX 75356-0168 (800) 966-5005 Remittance address: USA Shade & Fabric Structures, Inc. P.O. Box 678420 Dallas, TX 75267-8420 A Brand of USA Shade & Fabric Structures, Inc. Structures, Inc. Due to surety requirements, any performance and/or payment bond will cover only the first year of USA Shade & Fabric Structures, Inc. warranty.” 6) Insurance Requirements: Company is not required to provide any insurance coverage in excess of Company’s standard insurance. A copy of the Company’s standard insurance is available for your review prior to acceptance of the Company’s quote. 7) Payment: Terms of payment are defined in the “Pricing Details” section and are specific to this contract. For purposes of this agreement, “Completion” is defined as being the point at which the Structure is suitable for its intended use, the issue of an occupancy consent, or a final building department approval is issued, whichever occurs first. In any event where Completion cannot be effected due to delays or postponements caused by the Purchaser or Owner, final payment (less 10% retainage) is due within 30 days of the date when Completion was scheduled, had the delay not occurred. All payments must be made to USA Shade & Fabric Structures, Inc., PO Box 678420, Dallas TX 75267-8420. If the Purchaser or Owner fails or delays in making any scheduled milestone payments, the Company may suspend the fulfillment of its obligations hereunder until such payments are made, or Company may be relieved of its obligations hereunder if payment is more than 60 days past due. Company may use all remedies available to it under current laws, including but not limited to filing of liens against the property and using a collection agency or the courts to secure the collection of the outstanding debt. 8) Lien Releases: Upon request by Owner, Company will issue appropriate partial lien releases as corresponding payments are received from Purchaser, but prior to receiving final payment from Purchaser or Owner. Company will provide a full release of liens upon receipt of final payment. In accordance with state laws, Company reserves the right to place a lien on the property if final payment has not been received 10 days prior to the filing deadline for liens. 9) Site-plan Approval, Permit/s, Permit Fees, Plans, Engineering Drawings and Surveying: Site-plan approval, permits, permit fees, plans, engineering drawings and surveying are specifically excluded from this agreement and the Services unless specified under the “General Scope of Work”. The Company does not in any way warrant or represent that a permit or site plan approval for construction will be obtained. Sealed engineered drawings that are required but not included in the “General Scope of Work” will result in an additional cost to Purchaser. 10) Manufacturing & Delivery: Manufacturing lead-time from Company’s receipt of the “Notice To Proceed” is approximately 6 to 8 weeks for standard Structures, and 8 to 12 weeks for custom Structures. Delivery is approximately 1 week thereafter. Delivery of Structures may be prior to or at start of assembly. 11) Returned Product and/or Cancelled Order: Within the first 45 days after shipment from our facility, all returned product(s) and cancelled orders are subject to a 50% restocking fee. No returns or refunds (partial or full) are available following this 45 day period. Please contact your sales representative for details. 12) Concealed Conditions: ”Concealed conditions” include, without limitation, water, gas, sprinkler, electrical and sewage lines, post tension cables, and steel rebar. This agreement is based solely on observations Company was able to make either by visual inspection or by drawings and / or plans submitted by Owner at the time this agreement was bid. If additional Concealed Conditions are discovered once work has commenced which were not visible at the time this proposal was bid, Company will stop work and point out these unforeseen Concealed Conditions to Purchaser or Owner so that Purchaser and Company can execute a change order for any additional work. In any event, any damage caused by or to unforeseen Concealed Conditions is the sole responsibility of the Purchaser and Company shall not be held liable for any such damage. Soil conditions are assumed to be soil that does not contain any water, hard rock (such as limestone, caliche, etc.), rocks bigger than 4 inches in diameter or any other condition that will require additional labor, equipment and / or materials not specified by the Purchaser or Owner in the bidding process. Any condition requiring additional labor, equipment and / or materials to complete the drilling or concrete operations will require a change order before Company will complete the process. Price quotes are based on a drill pier footing. Any variation will incur additional charges (i.e. spread footings, concrete mat, sand, water, landfill, etc.). Costs for footing and installation do not include any allowance for extending below frost lines (the additional costs for which vary by geographical region). 13) Changes in the Work: During the course of this project, Purchaser may order changes in the work (both additions and deletions). The cost of these changes will be determined by the Company, and a change order form must be completed and signed by both the Purchaser and the Company, which will detail the “General Scope of the Change Order”. Should any change order be essential to the completion of the project, and the Purchaser refuses to authorize such change order, then Company will be deemed to have performed its part of the project, and the project and Services will be terminated. Upon such termination, Company will submit a final billing to Purchaser for payment, less a labor allowance for work not performed but including additional charges incurred due to the stoppage. No credit will be allowed for materials sold and supplied, which will remain the property of the Purchaser. 14) Warranty; Limitations of Liability: • Company warrants that all Company-supplied labor and Services will be performed in a good and workmanlike manner. • The warranty set forth in this Section 13 will be the Purchaser's sole and exclusive warranty. Proposal –SP1 Page 4 Initials _____________ PROPOSAL Corporate Mailing Address: P.O. Box 560168 Dallas, TX 75356-0168 (800) 966-5005 Remittance address: USA Shade & Fabric Structures, Inc. P.O. Box 678420 Dallas, TX 75267-8420 A Brand of USA Shade & Fabric Structures, Inc. • The warranty set forth in this Section 13 will run from the date of performance of the service by the Company, and any warranty claims brought by Purchaser must be brought within 30 days of the date of performance of the Service giving rise to the claim. • Purchaser’s sole remedy for a breach of the warranty set forth in this Section 13 will be the re-performance of the Services, or if that is not possible or practical, the refund of the price of the Services that breached the warranty. • Purchaser shall notify Company in writing detailing any defects in Service for which a warranty claim is being made. • COMPANY SHALL NOT IN ANY EVENT BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL PUNITIVE OR LIQUIDATED DAMAGES IN ANY ACTION ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), INTENDED CONDUCT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES RELATING TO THE LOSS OF PROFITS, INCOME OR GOODWILL, REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. • IN NO EVENT WILL COMPANY’S LIABILITY FOR MONETARY DAMAGES UNDER THIS AGREEMENT EXCEED THE FEES PAID OR DUE AND PAYABLE FOR THE SERVICES UNDER THIS AGREEMENT (OR THE RELEVANT PURCHASE ORDER). • EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, COMPANY MAKES, AND PURCHASER RECEIVES, NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ARISING OUT OF, RELATED TO, OR UNDER THIS AGREEMENT, AND SPECIFICALLY DENIES THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. FURTHER, EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY ACKNOWLEDGES THAT THE SERVICES AND STRUCTURES PROVIDED HEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. COMPANY DOES NOT WARRANT THAT THE SERVICES OR STRUCTURES WILL MEET YOUR REQUIREMENTS OR THOSE OF THE OWNER. • For all Structures installed by the Company, Purchaser must sign and return the “Customer Checklist and Sign-off” form to the Company within 10 business days from the construction completion date, or Company will not be held responsible for any warranties under this Section 13 or any damage to the Structure. • The warranties for the Structures are contained in a separate document between Company and the ultimate Owner of the Structures, which will be provided to Owner at the time of completion of the work. 15) Indemnification: To the fullest extent permitted by law, Purchaser shall indemnify, defend and hold harmless the Company and its consultants, agents and employees or any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, related to the installation of the Structure or performance of the Services, provided that such claim, damage, loss or expense is attributable to bodily injury to, sickness, disease or death of a person or to injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of the Purchaser or its agents, employees, or subcontractors or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 14. 16) Fabric: • Shadesure® fabrics carry a 10 years limited manufacturers warranty from the date of installation, against failure from significant fading, deterioration, breakdown, mildew, outdoor heat, cold, or discoloration with the exception of Red and Red/White stripe and Coolbrella shade structures which carry a 3 year limited warranty. Should the fabric need to be replaced under the warranty, Contractor will manufacture and ship a new fabric at no charge for the first 6 years, thereafter pro-rated at 18% per annum over the last 4 years. • Colourshade® FR fabrics carry a 5-year manufacturer’s warranty from the date of installation, against failure from significant fading, deterioration, breakdown, mildew, outdoor heat, cold, or discoloration with the exception of FR Red and Coolbrella fabrics, which carry a 3-year limited warranty. This warranty shall be void if damage to the shade fabric is caused by contact with chemicals, misuse, vandalism, any act of God, including but not limited to, ice, snow or wind in excess of the applicable building code parameters. • This warranty shall be void if damage to the shade fabric is caused by contact with chemicals, misuse, vandalism, any act of God, including but not limited to, ice, snow or wind in excess of the applicable building code parameters. • All fabric tops are only warranted for winds and gusts up to 90mph and prior to snow or ice accumulation. • All fabric curtains, valences and flat vertical panels are not covered under the warranty. • Fabric is not warranted where it is assembled on a structure that is not engineered and built by Contractor. • The structures have been designed to eliminate any friction between the rafters and the fabric. The warranty will, therefore, be voided if any modification (temporary or permanent) or any attachment (temporary or permanent) is made to the rafter. The fabric will wear or tear should any object be placed between the rafter and the fabric, voiding the fabric warranty. • Labor for the removal, installation and/or freight charges will be covered in full for a period of 12 Months, where the shade structures supplied and installed by Contractor are defective. In all cases where the shade structures are not installed by Contractor or its agents, all labor for the removal, installation and/or freight will be at the customers’ expense and the warranty will only be applicable to the repair or replacement of the defective materials. Proposal –SP1 Page 5 Initials _____________ PROPOSAL Corporate Mailing Address: P.O. Box 560168 Dallas, TX 75356-0168 (800) 966-5005 Remittance address: USA Shade & Fabric Structures, Inc. P.O. Box 678420 Dallas, TX 75267-8420 A Brand of USA Shade & Fabric Structures, Inc. • Contractor reserves the right, in cases where certain fabric colors have been discontinued, to offer the customer a choice of available colors to replace the warranted fabric of the discontinued color. The company does not warrant that any particular color will be available for any period of time and reserves the right to discontinue any color for any reason it may determine, without the recourse by the owner of the discontinued fabric color. • Replacement fabric tops have a 90 warranty NOTE: Shadesure and Colourshade FR fabric warranties cover fabric tops up to 40’ in length. Fabric tops over 40’ in length are covered by a non-prorated 5-year warranty. Additionally, fabric tops made from other fabric types (ie. Sunbrella) will include their respective manufacturer’s warranty. 17) Steel: • The structural integrity of the steel is warranted for 10 years. • Workmanship and painted surfaces are warranted for 12 months. • This warranty shall be void if damage to the steel frame is caused by misuse, vandalism, any act of God, including but not limited to, ice, snow or wind in excess of applicable building code parameters 18) Thread: • USA Shade & Fabric Structures, Inc. warranties its sewing thread for a period of eight (8) years. • This warrants that the sewing thread will be free from defects in material and workmanship and will not be damaged by exposure to sunlight, weather or water. • This warranty does not cover damage from fire, cuts, vandalism, misuse, or any act of God including but not limited to ice, snow or wind in excess of the applicable building code. • All other warranties are disclaimed. • Labor for the removal, assembly and / or freight charges, of tops with damage caused by thread, will only be covered in instances where Contractor has assembled the unit. In all cases where units where not assembled by Contractor all labor for the removal, assembly and / or freight will be for the customers account and the warranty will only be applicable to the repair or replacement of defective materials. 19) Assembly/Installation: • Company will notify Purchaser of the scheduled assembly date. Owner agrees to have an owner representative meet the assembly crew at the job site on the scheduled assembly date to verify the exact location where the Structure(s) is to be placed • Labor for the removal, assembly and/or freight charges will only be covered by Company in instances where the Structures supplied and installed by Company are determined by the Company to be defective. In all cases where Structures are not installed by Company, all labor for the removal, assembly and/or freight of the Structures will be Purchaser’ responsibility. • Installation prices are based on a single mobilization charge. If additional mobilization is needed, there will be additional charges. • If the requested Services require Company access to Owner’s premises Company will be provided access to the Owner’s premises free and clear of debris, automobiles or other interference Monday thru Friday during the hours of 8am to 6pm, and Company will have access to water and electrical facilities during installation. Additional charges will apply if utilities are not easily accessible. All automobiles will be moved prior to Company’s crew beginning any installation. • Company will not be responsible for moving or repairing any underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may be encountered during installation. • Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair resulting in delay will result in additional charges unless they are detailed on as-built site drawings provided to Company or marked on the ground and communicated to Company in writing prior to fabrication and installation. 20) Installation/Assembly on-site: Where installation/assembly is part of the Services, Purchaser must provide the Company with a detailed drawing prepared by or for the Owner showing exactly where the Structure(s) are to be assembled as well as detailing any obstacles or other impediments that may cause the assembly process to be more difficult. Any fixture(s), e.g., playground, pools etc., that the Structure(s) is/are to be assembled over must also be detailed, along with their peak heights (if applicable). 21) Site/Use Review by Purchaser: Company relies on the Purchaser to determine that the Structure(s) ordered are appropriate and safe for the Owner’s installation site and/or intended use. Company is not responsible for damages or injuries resulting from collisions by moving objects or persons with the structure post. Company can recommend or supply at additional cost, padding for posts from a third party manufacturer. Proposal –SP1 Page 6 Initials _____________ PROPOSAL Corporate Mailing Address: P.O. Box 560168 Dallas, TX 75356-0168 (800) 966-5005 Remittance address: USA Shade & Fabric Structures, Inc. P.O. Box 678420 Dallas, TX 75267-8420 A Brand of USA Shade & Fabric Structures, Inc. 22) Preparatory Work: Where installation/assembly is part of the Services and in the event that the foundation or job site is not suitable or ready for assembly to begin on the scheduled day, a delay of order notification must be sent to Company at least 4 working days before in order to allow Company to reschedule the project. In the event that Company is not notified and incurs an expense in attempting to execute the assembly, a re-mobilization charge may be charged to Purchaser before Company will reschedule the assembly. 23) Delegation: Subcontractors: The Services and the manufacturing and assembly of the Structures may be performed by subcontractors under appropriate agreements with the Company. 24) Force Majeure: Impracticability: The Company shall not be charged with any loss or damage for failure or delay in delivering or assembling of the shade Structures when such failure or delay is due to any cause beyond the control of the Company, due to compliance with governmental regulations or orders, or due to any acts of God, strikes, lockouts, slowdowns, wars or shortages in transportation, materials or labor. 25) Dispute Resolution: Any controversy or claim arising out of or related to this agreement must be settled by binding arbitration administered in Dallas, Texas by a single arbitrator selected by the parties or by the American Arbitration Association, and conducted in accordance with the construction industry arbitration rules. Judgment upon the award may be entered in any court having jurisdiction thereof. 26) Entire Agreement; No Reliance: This agreement represents and contains the entire agreement between the parties. Prior discussion or verbal representations by the parties that are not contained in this agreement are not part of this agreement. Purchaser hereby acknowledges that it has not received or relied upon any statements or representations by Company or its agents which are not expressly stipulated herein, including. Without limitation any statements as to the Structures, warranties or Services provided hereunder. 27) No Third-Party Beneficiaries: This agreement creates no third party rights or obligations between Company and any other person, including any Owner who is not also a purchaser. It is understood and agreed that the parties do not intend that any third party should be a beneficiary of this Agreement. 28) Governing Law: The agreement will be construed and enforced in accordance with the laws of the State of Texas. 29) Assignment: Purchaser may not assign this agreement, by operation of law or otherwise, without the prior written consent of Company. The agreement shall be binding upon and inure to the benefit of the Company and the Purchaser, and their successors and permitted assigns. 30) Materially Increased Costs: Company reserves the right to implement a surcharge for material increases in raw materials, including but not limited to fuel, steel and concrete. Due to the duration of proposals and contracts, Company reserves the right to implement this surcharge when it determines that raw material cost increases warrant it. Executed to be effective as of the date executed by the Company: PURCHASER: City of Coppell COMPANY: USA SHADE & FABRIC STRUCTURES, INC. Signature: Signature: By: (Print) By: (Print) Dot Haymann Title: Title: Executive VP of Sales Date: Date: Proposal –SP1 Page 7 Initials _____________ PROPOSAL Corporate Mailing Address: P.O. Box 560168 Dallas, TX 75356-0168 (800) 966-5005 Remittance address: USA Shade & Fabric Structures, Inc. P.O. Box 678420 Dallas, TX 75267-8420 A Brand of USA Shade & Fabric Structures, Inc. NOTE: All purchase orders and contracts should be drafted in the name of USA Shade & Fabric Structures, Inc. Proposal –SP1 Page 8 Initials _____________ 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 March 10, 2009 11 ✔ PUBLIC HEARING Consider approval of Case No. PD-217R-C, Doggie’s Wonderland, a zoning change request from C (Commercial) and PD-217-C (Planned Development-217-Commercial) to PD-217R-C (Planned Development-217 Revised-Commercial) to expand the detail site plan to allow an increase in the pet care outdoor play area on 1.01 acres of property located at 120 E. Bethel School Road. The following P & Z condition remains outstanding: 1. Submit a separate instrument that will define the perpetual maintenance responsibility of the landscaping and irrigation of the 10-foot landscape easement abutting the northwest property line. On February 19, 2009, the Planning Commission unanimously recommended approval of this zoning change (7-0), subject to the above-stated condition. Commissioners Jett, Shute, Frnka, Haas, Sangerhausen, Kittrell and Shipley voted in favor, none opposed. Staff recommends APPROVAL. @01 PD-217R-C, DW, 1-AR ITEM # 4 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT PD-217R-C, Doggie’s Wonderland P&Z HEARING DATE: February 19, 2009 C.C. HEARING DATE: March 10, 2009 STAFF REP.: Matt S. Steer, City Planner LOCATION: 120 East Bethel School Road SIZE OF AREA: 1.01 acres of property CURRENT ZONING: PD-217-C, (Planned Development -217-Commercial) REQUEST: A zoning change to PD-217R-C, (Planned Development-217 Revised-Commercial), to expand the detail site plan to allow an increase in the pet care outdoor play area. APPLICANT: Owner: Applicant: Christopher Lu Philip Kao TKL Real Estate Investment, Inc. Doggie’s Wonderland 4001 Lost Creek 120 E Bethel School Plano, Texas 75074 Coppell, Texas 75019 Phone: (972) 745-9100 Phone: (972) 567-9377 FAX: (972) 423-7535 FAX: (972) 423-7535 Landscape Architect: Chun-Chin Huang 14110 Briarhills Pkwy Houston, Texas 77077 Phone: (713) 822-1786 FAX: (713) 822-1786 HISTORY: This property was originally opened as La Petite Daycare in August 1984. In January 1999, the ownership changed to the ITEM # 4 Page 2 of 4 Sterling Academy Daycare and operations ceased in July 2004. The PD-217-C (Planned Development-217-Commercial) Ordinance, allowing for the renovation to a pet day care/boarding/spa on 0.637 acres was approved on June 12, 2007. The plat for Lot 4 was approved on July 10, 2007. Subsequently, the site was renovated and is currently in operation. The adjacent property to the north proposed to be added is vacant and has no development history. TRANSPORTATION: Bethel School Road is designated on the Thoroughfare Plan as a two-lane collector street, built within 60 feet of right-of- way. Vanbebber is a two-lane residential street within a 50- foot right-of-way. SURROUNDING LAND USE & ZONING: North – residential; SF-7 (Single Family-7) South – U.S. Post Office; C (Commercial) East – vacant property (First United Methodist Church); SF-7 (Single Family-7) West – self-service car wash and vacant property; C (Commercial) COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable for mixed uses. DISCUSSION: As mentioned in the HISTORY section, the re-occupancy and renovation of the exterior of this building has recently taken place for a pet daycare/boarding/grooming facility. All activities currently occur indoors, except for outdoor exercise time for the dogs and no dogs are left outside overnight. This request is for an 11,688-square-foot expansion to the pet care outdoor play area. The property is proposed to extend north to Vanbebber along the eastern boundary of the Car Wash development and the western boundary of the First United Methodist Church vacant property. A 10-foot landscape buffer is proposed between the proposed western property line and the existing paving of the Car Wash site. An evergreen landscape screen with a six-foot wrought iron fence is proposed to screen and secure the expanded play area from the existing development to the northwest and from the eastbound view corridor of Vanbebber. A six-foot masonry wall (earth tone to match the building) will be extended adjacent to Vanbebber (setback 30-feet from the property line) and along the eastern property line, enclosing the play area. Only a small portion of the ITEM # 4 Page 3 of 4 existing solid wall located at the northwest corner of the current development is proposed to remain. Special attention has been given to screening and the appearance due to the residential adjacency. The wall along Vanbebber is setback 30 feet and will have Wax Myrtles along segments to break up the long expanse. Currently, the Landscape Plan shows shrubs directly abutting Vanbebber, but the applicant and Landscape Architect have agreed with staff to place these closer to the wall and have done so on a more recent version of the plan than what is attached to this staff report. The wall will also contain major columns 18 inches-wide-spaced every 34 feet on center with minor pilasters spaced approximately every eight feet between. There are a total of four three-inch caliper Live Oaks, five three-inch caliper Chinese Pistache and five three-inch caliper Bur Oaks to meet the overstory tree requirements. The Landscape Architect has assured staff that the Wax Myrtles on the northwest property line will provide a solid screen soon after planting. These are proposed to be ten-gallon shrubs (approximately four feet tall) at time of planting, spaced 36 inches on center, and will grow to above the required six-foot height within three to six months. Previously, the applicant was required to install a four-foot sidewalk adjacent to Bethel School. With this proposal, a four-foot sidewalk will be required adjacent to Vanbebber. The remainder of the development will remain virtually untouched with the exception of the existing eastern screening wall. This is proposed to be replaced to match the new play area expansion screening wall. The existing PD will be amended to include the larger play area, and only one additional PD condition will be required- The required 10-foot perimeter landscape buffer along the northwest property line is provided off-site. One condition of approval is the submission of the separate instrument that will define the perpetual maintenance responsibility of the landscaping and irrigation of this easement. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-217R-C, subject to the following conditions: 1) Submit a separate instrument that will define the perpetual maintenance responsibility of the landscaping and irrigation of the 10-foot landscape easement abutting the northwest property line. 2) Move the proposed property line 10 feet to the east on the northwest portion of the lot. 3) Change “40-foot right-of-way” note to “50-foot right-of-way” along Vanbebber. ITEM # 4 Page 4 of 4 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. 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: PLANNING March 10, 2009 12 ✔ PUBLIC HEARING Consider approval of the Northlake Woodlands Center Addition, Lot 4R, Block A, Replat & Minor Plat, being a replat of the Northlake Woodlands Center Addition, Lot 4, Block A, to incorporate 0.35 acres of unplatted property to allow the expansion of the pet care outdoor play area, on 1.01 acres of property located at 120 E. Bethel School Road. The following P & Z condition remains outstanding: 1. Record the perpetual maintenance agreement prior to or at the time of plat recordation. On February 19, 2009, the Planning Commission unanimously recommended approval of this replat and minor plat (7-0), subject to the above-stated condition. Commissioners Jett, Shute, Frnka, Haas, Sangerhausen, Kittrell and Shipley voted in favor, none opposed. Staff recommends APPROVAL. @02 Northlake WCA, RP & MP 1-AR ITEM # 5 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Northlake Woodlands Center Addition, Lot 4R, Block A, Replat & Minor Plat P&Z HEARING DATE: February 19, 2009 C.C. HEARING DATE: March 10, 2009 STAFF REP.: Matt S. Steer, City Planner LOCATION: 120 East Bethel School Road SIZE OF AREA: 1.01 acres of property CURRENT ZONING: PD-217-C, (Planned Development -217-Commercial) REQUEST: A replat of the Northlake Woodlands Center Addition, Lot 4, Block A to incorporate 0.35 acres of unplatted property to allow the expansion of a pet care outdoor play area. APPLICANT: Owner: Applicant: Christopher Lu Philip Kao TKL Real Estate Investment, Inc. Doggie’s Wonderland 4001 Lost Creek 120 E Bethel School Plano, Texas 75074 Coppell, Texas 75019 Phone: (972) 745-9100 Phone: (972) 567-9377 FAX: (972) 423-7535 FAX: (972) 423-7535 Surveyor: Louis Salcedo Salcedo Group, Inc. 400 S Zang Blvd., Suite 1420 Dallas, Texas 75208 Phone: (214) 941-8610 FAX: (214) 941-2331 ITEM # 5 Page 2 of 3 HISTORY: This property was originally opened as La Petite Daycare in August 1984. In January 1999, the ownership changed to the Sterling Academy Daycare and operations ceased in July 2004. The PD-217-C (Planned Development-217-Commercial) Ordinance, allowing for the renovation to a pet day care/boarding/spa on 0.637 acres was approved on June 12, 2007. The plat for Lot 4 was approved on July 10, 2007. Subsequently, the site was renovated and is currently in operation. The adjacent property to the north proposed to be added is vacant and has no development history. TRANSPORTATION: Bethel School Road is designated on the Thoroughfare Plan as a two-lane collector street, built within 60 feet of right-of- way. Vanbebber is a two-lane residential street within a 50- foot right-of-way. SURROUNDING LAND USE & ZONING: North – residential; SF-7 (Single Family-7) South – U.S. Post Office; C (Commercial) East – vacant property (First United Methodist Church); SF-7 (Single Family-7) West – self-service car wash and vacant property; C (Commercial) COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable for mixed uses. DISCUSSION: This is the companion request to PD-217R-C, Doggie’s Wonderland. The purpose of the plat is to incorporate 0.35 acres of vacant/unplatted property with the existing development site of .66 acres to allow the expansion of the outdoor play area. A ten-foot landscape easement will be recorded by separate instrument that will define the perpetual maintenance responsibility of the landscaping and irrigation abutting the northwest property line. There is an existing 24-foot fire lane and access easement that will remain in place. Staff is in support of this request. ITEM # 5 Page 3 of 3 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Lot 4R, Block A, Northlake Woodlands Center Addition subject to the following condition: 1. Record the perpetual maintenance agreement prior to or at the time of plat recordation. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Minor Plat/Replat WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING March 10, 2009 13 ✔ PUBLIC HEARING Consider approval of the GTE Shared Services Center Addition, Lots 1R1 & 1R2, Block 1, Replat, being a replat of the GTE Shared Services Center Addition, Lot 1, Block 1 to allow for separate ownership of each lot, requiring abandonment of existing fire lane and revisions to various utility easements on 23.4 acres of property located at the north east corner of S.H. 121 and Canyon Drive. The following P & Z condition remains outstanding: 1. Provide the City a copy of the sanitary sewer and mutual access agreements. On February 19, 2009, the Planning Commission unanimously recommended approval of this replat (7-0), subject to the above-stated condition. Commissioners Jett, Shute, Frnka, Haas, Sangerhausen, Kittrell and Shipley voted in favor, none opposed. Staff recommends APPROVAL. @03 GTE SSC Addition, RP 1-AR ITEM # 6 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT GTE Shared Services Center Addition, Lots 1R1 & 1R2, Block 1 Replat P&Z HEARING DATE: February 19, 2009 C.C. HEARING DATE: March 10, 2009 STAFF REP.: Matt S. Steer, City Planner LOCATION: NEC of S.H. 121 and Canyon Drive SIZE OF AREA: 23.4 acres of property CURRENT ZONING: PD-171R-HC, (Planned Development-171 Revised-Highway Commercial) REQUEST: A replat of the GTE Shared Services Center Addition, Lot 1, Block 1 to allow for separate ownership of each lot, requiring abandonment of existing fire lane and revisions to various utility easements. APPLICANT: Owner: Surveyor: Darla Szalla Andrew Shafer SP4 750 Canyon, L.P. Halff Associates, Inc. 515 S. Flower St., Suite 3100 3801 Parkwood Blvd., Suite 500 Los Angeles, CA 90071 Frisco, Texas 75034 Phone: (213) 683-4300 Phone: (214) 618-4570 FAX: (213) 683-4336 FAX: (214) 618-4574 HISTORY: A portion of the property was platted in 1981. The zoning on the property was changed from LI to HC in 1991. It was changed to PD-171-HC in September 1998, allowing for the creation of two new lots and to permit the development of two five-story office buildings on one lot (Lot 1). A Replat and ITEM # 6 Page 2 of 3 Minor Plat was approved at that time. The first of the buildings was constructed in 1999. The zoning was changed a third time in October 2000, allowing a revision to the previously approved signage. The second of the approved buildings has not been constructed. TRANSPORTATION: SH 121 is an existing four-lane divided highway with two-lane service roads in a 440-foot-wide right-of-way. Canyon Drive is a 44-foot-wide concrete two-lane street built within a 60 foot right-of-way. Coppell Road is a two-lane undivided road, with 37 feet of pavement within 50 feet of right-of-way adjacent to this tract. SURROUNDING LAND USE & ZONING: North- vacant; C (Commercial) South – vacant and office; HC (Highway Commercial) East – vacant; HC (Highway Commercial) West – DFW Trade Center; PD-136-LI (Planned Development-136-Light Industrial) & City of Grapevine COMPREHENSIVE PLAN: The Comprehensive Plan shows this property as suitable for Freeway Commercial and Light Industrial/Showroom Uses. DISCUSSION: This request is solely to replat Lot 1, Block 1, of the GTE Shared Services Addition to allow for separate ownership and to abandon unnecessary easements and to dedicate needed easements. Specifically, within Lot 1R1 (currently vacant), a 24-foot fire lane easement is being abandoned (hatched) with the utility, water and Texas Power and Light easements adjacent to the roadways being retained. Within Lot 1R2 (currently developed), only two small segments of the 24- foot fire lane easement are being abandoned on the western property line, and the remaining easements are retained with a six-foot expansion to the width of the 24-foot fire lane easement at the north and an 11-foot expansion to the width of the fire lane easement on the south. Finally, a ten-foot drainage easement is proposed at the south side of the subdivision extending from the common property line of the two lots a short distance to the east then south to Canyon Drive. This is strictly a ministerial replat request for the purpose of land sale and has no bearing on the ultimate land use of the property. ITEM # 6 Page 3 of 3 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Lot 1R1 & 1R2, Block 1, GTE Shared Services Center Addition subject to the following conditions: 1) Revise title of subdivision within the City Secretary Signature Block to read “Lot 1R1 & 1R2, Block 1” in place of “Lot 1, Block 1”. 2) Provide the city a copy of the sanitary sewer and mutual access agreements. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Replat T.W. COUSY SURVEYABSTRACT NO. 317LIMI T CITY LIMI TLIM IT Andrew Brown Community Park CITY CANYON DRIVE 121 121 N COPPELL ROAD WESTIMETER WAY W PARKWAY BLVD SITE LOCATION MAP N.T.S.ACE LANE(VARIABLE WIDTH PUBLIC R.O.W.) COPPELL ROAD S01^30’57"W 289.36’N88^26’15"W 891.21’ CANYON DRIVE (60’ PUBLIC R.O.W.) 5/8" FIR (C.M.) |=42^38’01" R=339.73’ T=132.57’ L=252.79’ CL=247.00’ CB=N67^07’00"W N45^48’00"W 20.47’ 5/8" FIR (VARIA B L E P U B L I C W I D T H R . O . W . ) STATE HIGH W A Y N O . 1 2 1 OF FOR BY SITUATED IN THE CITY OF COPPELL, DALLAS COUNTY, TEXAS 3801 PARKWOOD BLVD., SUITE 500 FRISCO, TEXAS 75034 (214) 618-4570 T.W. COUSY SURVEY, ABSTRACT NO. 317 SCALE: 1"= 60’ AVO:26598 DATE: JANUARY, 2009 1209060300SCALE: 1"=60’ N S43^05’34"E 85.37’ S01^44’21"W 57.55’ |=89^49’24" R=25.00’ T=24.92’ L=39.19’ CL=35.30’ CB=S46^39’03"W N49^40’49 " E 3 3 9 . 4 8 ’ 794.61’ 190.36’ S89^35’00"E 79.33’ S88^35’00"E 979.25’ S01^25’00"W 110.37’ S46^34’16"W 9 6 8 . 0 4 ’ S01^33’45"W 93.33’ 15’ T. U. EASEMENT (VOL. 99088, PG. 20) M.R.D.C.T. 25’ T. U. EASEMENT (VOL. 99088, PG. 20) M.R.D.C.T. 24’ FIRE LANE EASEMENT (VOL. 99088, PG. 20) D.R.D.C.T. 15’X20’ WATER EASEMENT (VOL. 99088, OG. 20) M.R.D.C.T.25’X25’ WATER EASEMENT (VOL. 99088, PG. 20) M.R.D.C.T. 5/8" FIR REPLAT SURVEYOR CONTACT: ANDREW J. SHAFER HALFF ASSOCIATES, INC. 3801 PARKWOOD BLVD. , SUITE 500 FRISCO, TEXAS 75034 60’ MUTUAL ACESS EASEMENT (VOL. 99088, PG. 20) M.R.D.C.T. 5/8" FIR 5/8" FIR 5/8" FIR 5/8" FIR 15’X20’ WATER EASEMENT (VOL. 99088, PG. 20) M.R.D.C.T. 25’X25’ WATER EASEMENT (VOL. 99098. PG. 20) M.R.D.C.T. LEGEND PAGE 1 OF 2 FOUND BRASS TXDOT MONUMENT STAMPED "200" FOUND MONUMENT 2’ T.P. & L. EASEMENT (VOL. 2727, PG. 296) D.R.D.C.T.N44^12’00"E 752.03’ 15’ UTILITY EASMENT (VOL. 99088, PG. 20) M.R.D.C.T. 15’ UTILITY EASEMENT (VOL. 99088, PG. 20) M.R.D.C.T. ZONED HC THE PURPOSE OF THIS REPLAT IS TO SPLIT LOT 1, BLOCK 1, AND TO ABANDONED AND DEDICATE EASEMENTS. 5’ SIDEWALK & UTILITY EASEMENT (VOL. 99088, PG.20) M.R.D.C.T.24’ FIRE LANE EASEMENT (VOL. 99088, PG. 20) M.R.D.C.T. POINT OF BEGINNING ZONED PD-171R-HC 5/8" FIR C.M. M.R.D.C.T. D.R.D.C.T. TXDOT FIVE EIGHTHS INCH FOUND IRON ROD CONTROL MONUMENT MAP RECORDS OF DALLAS COUNTY, TEXAS DEED RECORDS OF DALLAS COUNTY, TEXAS TEXAS DEPARTMENT OF TRANSPORTATION 15’ UTILITY EASMENT (VOL. 99088, PG. 20) M.R.D.C.T. 10’ GTE EASEMENT (VOL. 70251, PG. 367) D.R.D.C.T. FOUND BRASS TXDOT MONUMENT 24’ FIRE LANE EASEMENT (VOL. 99088, PG. 20) D.R.D.C.T. 24 ’ F I R E L A N E E A S E M E N T (V O L . 9 9 0 8 8 , P G . 2 0 ) D . R . D . C . T . 15’ DRAINAGE EASEMENT (VOL. 99088, PG. 20) M.R.D.C.T.i:\26000s\26598\CADD\V501-FP-26598.dgnLOT 1 GTE SHARED SERVICES CENTER ADDITION (VOL. 99088, PG. 20) 24’ FIRE LANE EASEMENT WITHIN PROPOSED LOT 1R1 TO BE ABANDONED BY THIS PLAT 24’ FIRE LANE EASEMENT WITHIN PROPOSED LOT 1R1 TO BE ABANDONED BY THIS PLAT LOT 1R2, BLOCK 1 596,730 SQ. FT. 13.699 ACRES LOT 1R1, BLOCK 1 424,392 SQ. FT. 9.743 ACRES SP4 750 CANYON, L.P. FIRST 10 FEET OF 24’ FIRE LANE EASEMENT WITHIN PROPOSED LOT 1R2 TO BE ABANDONED BY THIS PLAT S4 3 ^ 3 6 ’ 4 7 " E 4 9 8 . 5 2 ’ PORTION OF 24’ FIRE LANE EASEMENT WITHIN PROPOSED LOT 1R2 TO BE ABANDONED BY THIS PLAT PRELIMINARY FOR REVIEW PURPOSES ONLY LOT 2, BLOCK 1 SP4 700 CANYON, L.P. 430,862 SQ. FT. 9.891 ACRES PROPOSED 10’ DRAINAGE EASEMENT (BY THIS PLAT) OWNER SP4 750 CANYON, L.P. CONTACT: DARLA SZALLA 515 S. FLOWER ST. SUITE 3100 LOS ANGELES, CA 90071 GTE SHARED SERVICES CENTER ADDITION LOT 1R1 & 1R2, BLOCK 1 23.44 ACRE TRACT A 24’ FIRE LANE EASEMENT WITHIN PROPOSED LOT 1R2 DEDICATED BY THIS PLAT 3.75’ ADDITIONAL FIRE LANE EASEMENT (BY THIS PLAT) 2.25’ ADDITIONAL FIRE LANE EASEMENT (BY THIS PLAT) 30.00’ 5.50’ ADDITIONAL FIRE LANE EASEMENT (BY THIS PLAT) 5.50’ ADDITIONAL FIRE LANE EASEMENT (BY THIS PLAT) 35.00’ OF FOR BY SITUATED IN THE CITY OF COPPELL, DALLAS COUNTY, TEXAS 3801 PARKWOOD BLVD., SUITE 500 FRISCO, TEXAS 75034 (214) 618-4570 T.W. COUSY SURVEY, ABSTRACT NO. 317 SCALE: 1"= 60’ AVO:26598 DATE: JANUARY, 2009 REPLAT PAGE 2 OF 2 SURVEYOR CONTACT: ANDREW J. SHAFER HALFF ASSOCIATES, INC. 3801 PARKWOOD BLVD. , SUITE 500 FRISCO, TEXAS 75034 THE PURPOSE OF THIS REPLAT IS TO SPLIT LOT 1, BLOCK 1, AND TO ABANDONED AND DEDICATE EASEMENTS. APPROVED AND ACCEPTED BY: ONCOR ELECTRIC (Print Name) (Date of Approval) ATMOS ENERGY GAS (Print Name) (Date of Approval) VERZION TELEPHONE (Print Name) (Date of Approval) TIME WARNER CABLE (Print Name) (Date of Approval) FLOODPLAIN ORDINANCE NOTE: Floodplain Development Permit Application No. has been filed with the City of Coppell Floodplain Administrator on , 2009. Floodplain Administrator Date FLOODPLAIN NOTE: 1. Subject tract lies within Zone X an area determined to be outside 500 year Floodplain as depicted on the FEMA Flood Insurance Rate Map for Dallas County, Texas and Incorporated areas, Map Number 48113c0135J, Dated August 23,2001.i:\26000s\26598\CADD\V502-FP-26598.dgnThe basis of bearings is the Replat - Minor Plat of GTE Shared Services Center Addition, as recorded in Volume 99088, Page 20, Map Records of Dallas County, Texas. STATE OF TEXAS COUNTY OF DALLAS BEING a 23.44 acre tract of land located in the T.W. Cousy Survey, Abstract No. 317, City of Coppell, Dallas County, Texas, and being all of Lot 1, Block 1, of the Replat- Minor Plat GTE Shared Services Center Addition, an addition to the City of Coppell, Dallas County, Texas, as recorded in Volume 99088, Page 20, Map Records of Dallas County, Texas (M.R.D.C.T.), and being part of a tract of land described in deed to SP4 750 Canyon, L.P., a Delaware limited partnership, as recorded in Document No. 20070259116, Deed Records of Dallas County, Texas (D.R.D.C.T.), and being more particularly described as follows: BEGINNING at a 5/8-inch iron rod found for the southwest corner of said Lot 1, Block 1, said corner being at the intersection of State Highway No. 121 (a variable width public right-of-way), and Canyon Drive (a 60-foot public right-of-way); THENCE North 44 degrees 12 minutes 00 seconds East, along the southeasterly right-of- way line of said State Highway No. 121, a distance of 752.03 feet to a brass Texas Department of Transportation Monument stamped "200" found for corner; THENCE North 49 degrees 40 minutes 49 seconds East, continuing along the southeasterly right-of-way line of said State Highway No. 121, a distance of 339.48 feet to a monument found for corner in the south right-of-way line of Coppell Road (a variable width right-of-way); THENCE South 89 degrees 35 minutes 00 seconds East, departing the southeasterly right-of-way line of said State Highway No. 121, and along the south right-of-way line of said Coppell Road, a distance of 79.33 feet to a 5/8-inch iron rod found for corner; THENCE South 88 degrees 35 minutes 00 seconds East, continuing along the south right- of-way line of said Coppell Road, a distance of 979.25 feet to a 5/8-inch iron rod found for the northeast corner of said Lot 1, Block 1, same being the northwest corner of Lot 2, Block 1, of said Replat-Minor Plat GTE Shared Services Addition; THENCE South 01 degree 25 minutes 00 seconds West, departing the south right-of-way line of said Coppell Road, and along the common line with said Lot 2, Block1, a distance of 110.37 feet to a 5/8-inch iron rod found for corner; THENCE South 46 degrees 34 minutes 16 seconds West, continuing along said common line, a distance of 968.04 feet to a 5/8-inch iron rod found for corner; THENCE South 01 degree 33 minutes 45 seconds West, along said common line, a distance of 93.33 feet to a 5/8-inch iron rod found for corner; THENCE North 88 degrees 26 minutes 15 seconds West, departing said common line, and along the north right-of-way line of said Canyon Drive, a distance of 891.21 feet to a 5/8-inch iron rod found for the beginning of a non-tangent circular curve to the right with a radius of 339.73 feet, and whose chord bears North 67 degrees 07 minutes 00 seconds West, a distance of 247.00 feet; THENCE Northwesterly, along said curve to the right, through a central angle of 42 degrees 38 minutes 00 seconds, an arc distance of 252.79 feet to a 5/8-inch iron rod found for the point of tangency; THENCE North 45 degrees 48 minutes 00 seconds West, continuing along the north right-of-way line of said Canyon Drive, a distance of 20.47 feet to the POINT OF BEGINNING AND CONTAINING 1,021,122 square feet, or 23.44 acres of land, more or less. SURVEYOR’S CERTIFICATE That I, Andrew J. Shafer, do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate survey of land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision Ordinance of the City of Coppell. Andrew J. Shafer, R.P.L.S. Registered Professional Land Surveyor Registration No. 5017 STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Andrew J. Shafer, known to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 2009. Notary Public in and for the State of Texas My commission expires: SP4 750 CANYON, L.P. PRELIMINARY FOR REVIEW PURPOSES ONLY OWNER SP4 750 CANYON, L.P. CONTACT: DARLA SZALLA 515 S. FLOWER ST. SUITE 3100 LOS ANGELES, CA 90071 SP4 750 CANYON, L.P., SP4 750 CANYON, L.P., a Delaware limited partnership By: SP4 CANYON GP, LLC, a Delaware limited liability company, its general partner BY: Name: MICHAEL BURRICHTER TITLE: VICE PRESIDENT By: Name: DARLA SZALLA Title: ASSISTANT VICE PRESIDENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 2009, before me, ,personally appeared and , who proved to me on the basis of satisfactory evidence to be the the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: GTE SHARED SERVICES CENTER ADDITION LOT 1R1 & 1R2, BLOCK 1 23.44 ACRE TRACT A NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT SP4 750 Canyon, L.P., a Delaware limited partnership, acting herein by and through their duly authorized officers, does hereby adopt this plat designating the herein described property as Replat of the GTE Shared Services Center Addition, Lot 1R1 & 1R2, Block 1, an addition to the City of Coppell, Dallas County, Texas, and does hereby dedicate, in fee simple, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The Easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. No buildings, fences, trees, shrubs, or other improvements or growths shall be constructed, or placed upon, over or across the Easements shown, except that landscape improvements may be placed in Landscape easements, if approved by the City of Coppell. In addition Utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the Public’s and City of Coppell’s use thereof. The City of Coppell and public utility entitles shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective systems in said Easements. The City of Coppell and public utility entities shall at all times have the full right of ingress or egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters and adding to or removing all or parts of its respective systems without the necessity at any time of procuring the permission of anyone. That the undersigned do hereby covenant and agree that they shall construct upon the Fire Lane easements, as dedicated and shown hereon, a hard surface and that they shall maintain the same in a state or good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking of motor vehicles, trailers, boats or other impediments to the fire apparatus. The maintenance of paving on the Fire Lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating "Fire Lane, No Parking". The police or his duly authorized representative is hereby authorized to cause such Fire Lane and Utility Easements to be maintained free and unobstructed at all times for fire department and emergency use. The undersigned do covenant and agree that public Access Easements may be utilized by any person or the General Public for ingress and egress to other real property, and for the purpose of General Public vehicular and pedestrian use and access, and for Fire Department and emergency use in, along, upon and across said premises, with the right and privileged at all times of the City of Coppell, its agents, employees, workmen and representatives having ingress, egress and regress in, along, upon and across said premises. This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Coppell, Texas. WITNESS, my hand at Coppell, Texas, this the day of , 2009. SP4 750 Canyon, L.P. Recommended for Approval: Chairman Planning & Zoning Commission Date of Approval City of Coppell, Texas Approved and Accepted: Mayor Date of Approval City of Coppell, Texas The undersigned, the City Secretary of the City of Coppell, Texas, hereby certifies that the foregoing Replat of Lot 1R1 & 1R2, Block 1 of GTE Shared Services Center Addition to the City of Coppell was submitted to the City Council on the day of ,2009, and the Council, by formal action then and there accepted the dedication of streets, alleys, parks, easements, public places, and water and sewer lines as shown and set forth in and upon said plat and said Council further authorized the Mayor to note the acceptance thereof by signing his name as herein above subscribed. Witness my hand this day of , A.D., 2009. 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 March 10, 2009 14 ✔ PUBLIC HEARING Consider approval of Case No. PD-239-R, Denton Creek Nursing, a zoning change request from SF-12 (Single Family-12), R (Retail) and O (Office) to PD-239-R (Planned Development-239-Retail) to attach a detail site plan to allow a 52,317-square-foot (123 beds) Nursing and Rehabilitation Facility on 6.47 acres of property located along the north side of Sandy Lake Road, between Riverchase and Riverview Drives. The following P & Z conditions remain outstanding: 1. The property owner may be responsible for the cost of the 4th leg of this traffic signal at Sandy Lake and the western driveway. 2. Submission of a revised drainage plan will be required with the submittal of engineering plans. On February 19, 2009, the Planning Commission unanimously recommended approval of this zoning change (7-0), subject to the above-stated conditions. Commissioners Jett, Shute, Frnka, Haas, Sangerhausen, Kittrell and Shipley voted in favor, none opposed. Staff recommends APPROVAL. @04 PD-239-R, DCN, 1-AR ITEM #7 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT PD-239-R, Denton Creek Nursing P&Z HEARING DATE: February 19, 2009 C.C. HEARING DATE: March 10, 2009 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: North side of Sandy Lake Road, between Riverside and Riverview Drives SIZE OF AREA: 6.47 acres of property CURRENT ZONING: SF-12 (Single Family-12), R (Retail) and O (Office) REQUEST: A zoning change to PD-239-R (Planned Development-239- Retail) to attach a detail site plan to allow a 52,317-square- foot (123 bed) Nursing and Rehabilitation Facility. APPLICANT: Prospective Purchaser: Engineer: Larry Parker Jerry Monk Broadmore Health Realty, LTD Monk Consulting Engineers 5467 New Copeland Road 1200 W. State Street Tyler, Texas 75073 Garland, Texas 75040 903-521-7930 972-273-1763 FAX: 903-592-9292 FAX:972-272-8761 HISTORY: This property has been filled over the last several years. In March of 2007, the Planning Commission denied a request for a 95-lot subdivision on 18.86 acres of property, which includes the subject property and additional 12 acres to the east. The applicant did not appeal that recommendation to Council and reapplied for a 78-lot subdivision. This second request was recommended for approval by the Planning and Zoning Commission subject to 22 conditions. The applicant withdrew the request prior to Council consideration. ITEM #7 Page 2 of 4 TRANSPORTATION: Sandy Lake Road is a C4D, collector, four-lane divided concrete roadway contained within a 110-foot right-of-way. SURROUNDING LAND USE & ZONING: North –vacant, flood land: City of Carrollton South –single family and vacant ; SF-7 (Single Family-7) and R (Retail) East – Carrollton ISD farm; A (Agriculture) West –vacant; SF-12 residential lots (Single Family-12) COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable for neighborhood retail and mixed use. DISCUSSION: This request is to allow a nursing and rehabilitation facility. From a land use standpoint, this use is appropriate at this location given the accessibility provided by Sandy Lake Road with full median access for the western most driveway. Although zoned and on the Future Land Use Plan as retail and mixed use, this property is not an ideal retail location and apparently not desirable for standard single family residential uses, refer to History section above. Also, part of the discussions of the 2030 Visioning Plan, suggested the elimination of less desirable retail zoning and providing housing for all age groups and housing needs. This project addresses both of those objectives. Specially, this proposal is for a one-story, “T” shaped building with a central well-landscaped courtyard which is only accessible from the interior of the building. This will be a 123 bed facility with a combination of one and two bedroom suites, dining facilities, activity areas, library and a gym. Parking is required at a ratio of one space per five beds plus one per day staff, for a total of 80 spaces. They are proposing 102 parking spaces which will essentially surround the building. A 24 foot-wide fire lane encircles the building with two driveways onto Sandy Lake Road. The western driveway aligns with Riverchase Drive. This summer the city is planning to install a traffic signal at this intersection. Given the direct benefit to this property owners, the property owner may be responsible for the cost of the 4th leg of this signal. ITEM #7 Page 3 of 4 The Landscape Plan also exceeds the minimum requirements of the Zoning Ordinance where over 50% of the property is devoted to landscaped and open areas. There is a 30+ foot wide landscaped buffer along Sandy Lake Road, a 50-foot open area along the west property line (existing water line easement adjacent to the 250 foot wide TP&L easement), and a heavily wooded flood plain area to the north where the 28 existing trees are to be preserved. To the east of this property, adjacent to undeveloped retail land is additional landscaping which also exceeds the minimum width of 10 feet. The Landscape Plan includes 90 3-inch caliper trees, hedge rows screening the parking along Sandy Lake and various ornamental grasses, ground covers and perennials. As previously discussed, the court yard, albeit internal to the building, adds 7,200+/- square feet of landscaped area for the use and enjoyment of its residents. The elevations of the building indicate 100% masonry exterior, utilizing a combination of brick and stone. The applicant originally desired to include stucco for up to 20% accent as an accent material. After discussions with staff, the applicant replaced the stucco with stone prior to the P&Z submission. A revised color board will be required. The roof will be a residential style composite shingles. There is one aesthetic issue with the façade of the building. Staff is very concerned with the proposed air conditioning units under each window. While this is typical for this type of use it distracts from the overall aesthetic of the building. The zoning ordinance requires the screening of all mechanical equipment which would apply to these air conditioning units. Therefore staff is recommending that if an alternative to these individual a/c units is not available, then they be completely screened with landscaping, low walls or a combination. Finally, the applicant is proposing a 60-square foot, externally lit brick monument sign to be located. This sign is compliant with Zoning Ordinance. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-239-R, Denton Creek Nursing subject to the following conditions: 1. The property owner may be responsible for the cost of the 4th leg of this traffic signal at Sandy Lake and the western driveway. 2. A revised drainage plan will be required with the submittal of engineering plans. 3. Change the address of the project to 1410 East Sandy Lake. ITEM #7 Page 4 of 4 4. In the event that an alternative to individual external air conditioning units is not feasible, then a revised landscape plan will be required to indicate the complete screening of these units. 5. Submission of a revised Color Board, eliminating the stucco. 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. Landscape Plan (2 pages) 3. Floor Plan 4. Elevations WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING March 10, 2009 15 ✔ PRESENTATION Consider approval of the Denton Creek Nursing Addition, Lot 1, Block A, Minor Plat, to establish a building site with required easements and fire lanes to allow a 52,317-square-foot Nursing and Rehabilitation Facility on 6.47 acres of property located along the north side of Sandy Lake Road, between Riverchase and Riverview Drives. The following P & Z conditions remain outstanding: 1. The property owner may be responsible for the cost of the 4th leg of this traffic signal at Sandy Lake and the western driveway. 2. Submission of a revised drainage plan will be required with the submittal of engineering plans. On February 19, 2009, the Planning Commission unanimously recommended approval of this minor plat (7-0), subject to the above-stated conditions. Commissioners Jett, Shute, Frnka, Haas, Sangerhausen, Kittrell and Shipley voted in favor, none opposed. Staff recommends APPROVAL. @05 DCN Addition, MP 1-AR ITEM # 8 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Denton Creek Nursing Addition Block A, Lot 1 Minor Plat P&Z HEARING DATE: February 19, 2009 C.C. HEARING DATE: March 10, 2009 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: North side of Sandy Lake Road, between Riverside and Riverview Drives SIZE OF AREA: 6.47 acres of property CURRENT ZONING: SF-12 (Single Family-12), R (Retail) and O (Office) REQUEST: A Minor Plat to establish a building site with required easements and fire lanes to allow a 52,317-square-foot Nursing and Rehabilitation Facility. APPLICANT: Prospective Purchaser: Engineer: Larry Parker Jerry Monk Broadmore Health Realty, LTD Monk Consulting Engineers 5467 New Copeland Road, 1200 W. State Street Tyler, Texas 75073 Garland, Texas 75040 903-521-7930 972-273-1763 FAX: 903-592-9292 FAX: 972-272-8761 HISTORY: This property has been filled over the last several years. In March of 2007, the Planning Commission denied a request for a 95-lot subdivision on 18.86 acres of property, which includes the subject property and additional 12 acres to the east. The applicant did not appeal that recommendation to Council and reapplied for a 78-lot subdivision. This second request was recommended for approval by the Planning ITEM # 8 Page 2 of 3 and Zoning Commission subject to 22 conditions. The applicant withdrew the request prior to Council consideration. TRANSPORTATION: Sandy Lake Road is a C4D, collector, four-lane divided concrete roadway contained within a 110-foot right-of-way. SURROUNDING LAND USE & ZONING: North –vacant, flood land: City of Carrollton South –single family and vacant ; SF-7 (Single Family-7) and R (Retail) East – Carrollton ISD farm; A (Agriculture) West –vacant; SF-12 residential lots (Single Family-12) COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable for neighborhood retail and mixed use. DISCUSSION: This is a companion request to the establishment of PD zoning to allow the development of a 123 bed nursing and rehabilitation facility. This property is impacted by several existing easements, including: water, utility, drainage and slope easements running parallel to Sandy Lake Road. There is also a 50-foot wide water easement parallel to the western property line. This plat recognizes all those easements as well as establishes new easements in support of this proposed development. Encircling the building is an access and fire lane easement, with a minimum width of 24 feet. There are two (20’ x 20’) utility easements for water vaults being established via this plat. The F.E.M.A. flood plain lines are also indicated. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Denton Creek Nursing Addition, Block A, Lot 1, Minor Plat, subject to the following conditions: 1. The property owner may be responsible for the cost of the 4th leg of this traffic signal at Sandy Lake and the western driveway. 2. A revised drainage plan will be required with the submittal engineering plans. 3. Building setback lines need to be included on this plat. ITEM # 8 Page 3 of 3 ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Minor Plat WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING March 10, 2009 16 ✔ PUBLIC HEARING Consider approval of Case No. PD-221R6-HC, Duke Lesley Addition, a zoning change request from PD-221R-HC (Planned Development-221-Revised-Highway Commercial) and PD-221R4-HC (Planned Development-221-Revision 4-Highway Commercial) to PD-221R6-HC (Planned Development-221-Revision 6-Highway Commercial) to revise the Detail Plan to expand the area by 3.4 acres to allow 362 additional parking spaces and generator locations to serve the future tenant of an existing 182,700-square-foot office building on 15.296 acres of property located at the southwest corner of Dividend Drive and S. Belt Line Road. The following P & Z condition remains outstanding: 1. Provide detailed drawings of the covered parking structure. On February 19, 2009, the Planning Commission unanimously recommended approval of this zoning change (7-0), subject to the above-stated condition. Commissioners Jett, Shute, Frnka, Haas, Sangerhausen, Kittrell and Shipley voted in favor, none opposed. Staff recommends APPROVAL. @06 PD-221R6-HC, DLA, 1-AR ITEM # 9 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT PD-221R6-HC, Duke Lesley Addition P&Z HEARING DATE: February 19, 2009 C.C. HEARING DATE: March 10, 2009 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: SWC of Dividend Drive and South Belt Line Road SIZE OF AREA: 15.296 acres of property CURRENT ZONING: PD-221R-HC (Planned Development-221-Revised-Highway Commercial) and PD-221R4-HC (Planned Development-221- Revision 4-Highway Commercial) REQUEST: A zoning change to PD-221R6-HC (Planned Development- 221-Revision 6-Highway Commercial) to revise the Detail Plan to expand the area by 3.4 acres to allow 362 additional parking spaces and generator locations to serve the tenant of the existing 182,700-square-foot office building. APPLICANT: Duke Realty Kirk Klatt 14241 N. Dallas Parkway Suite 1000 Dallas, TX. 75254 (972) 361-6706 Fax: (972) 361 6800 HISTORY: In December of 2006, Council changed zoning on this parcel from A (Agriculture) to HC (Highway Commercial). In January of 2007 zoning was changed to a Conceptual Planned Development, and in March of 2007 a Detailed ITEM # 9 Page 2 of 3 Planned Development was approved by Council which allowed a three-story, 182,700 square foot office building to be constructed on this site with appropriate parking. TRANSPORTATION: Beltline Road is a P6D, major thoroughfare built to standard in a 120 foot right of way. LBJ Freeway is an interstate highway built to federal highway guidelines. Dividend Drive is a four lane C4D roadway constructed within a 90 foot right of way. SURROUNDING LAND USE & ZONING: North-warehousing and Middle School West; LI, (Light Industrial) South –developing commercial; City of Irving East –vacant, A (Agriculture) West –vacant; PD, (Planned Development 221-R4, HC) COMPREHENSIVE PLAN: The Comprehensive Plan as amended shows this property as suitable for freeway office and commercial uses. DISCUSSION: The owner of this property is in the midst of leasing this entire building to one user, American Home Mortgage Services, Inc., a company that deals with residential mortgages. The move into this building will include its headquarters, call center, and data operations. Approximately 60% of employment will be in the call center, and additional parking is needed to accommodate all workers. Hours of operation will be from 7 AM to 7 PM. Two shifts of employment are envisioned with one shift from 7 AM to 3 PM, the second shift from 11 AM to 7 PM. Currently, the site contains 912 parking spaces which more than complies with the Code requirement of 1 parking space for each 300 gross square feet of office floor area. With a 3.4 acre addition, 362 more will be provided, totaling 1,274 parking spaces. At full employment, the company could house 1281 employees, but the applicant points out that there are always some vacancies within the organization, employees are out of the office for training, vacation, sick leave, etc. The point being that the entire lot is never fully occupied. Staff is comfortable with that rationale, and would point out that if more parking is ITEM # 9 Page 3 of 3 needed in the future, there is additional land available within this expansion area to accommodate 34 more spaces with very little disruption to the proposed lot. The site plan also shows two generators being located in two phases on the western portion of the parking area to accommodate additional energy requirements of this user. We can also support this request provided a solid masonry screen is constructed around the generator pad with appropriate landscaping outside the wall to soften its effect on the surrounding future uses. Finally, additional mechanical equipment is shown to be added to the northwest corner of the building. It will also be developed in two phases. This equipment needs to be visually screened, and if it complies with code regarding screening and landscaping, we can support its location. Plant material affected by introduction of the mechanical equipment and expansion of the parking lot will be replanted elsewhere on site, as shown on the Landscape Plan. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following conditions: 1. Provide elevations/dimensions of the proposed generator(s). 2. Provide building materials list/height of generator surrounds, type of fuel, fuel storage capacity, etc. 3. Provide additional information regarding the mechanical equipment at the northwest corner of the building—what it is, elevations, height, number, etc. 4. Provide a more detailed landscape and screening plan for the mechanical equipment at the northwest corner of the building. 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. Landscape Plan NOT FOR CONSTRUCTIONSITE DATA INFORMATIONMAPSCO 11A-NDALLAS COUNTYPOINT WEST I EXPANSION DETAIL SITE PLAN Pacheco Koch Consulting Engineers 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 March 10, 2009 17 ✔ PUBLIC HEARING Consider approval of the Duke Lesley Addition, Lot 3R, Block C, Replat & Minor Plat, being a replat of the Duke Lesley Addition, Lot 3, Block C to incorporate 3.4 acres of unplatted property, revising drainage and access easements to allow additional parking on 15.296 acres of property located at the southwest corner of Dividend Drive and S. Belt Line Road. There are no outstanding conditions. On February 19, 2009, the Planning Commission unanimously recommended approval of this replat and minor plat (7-0). Commissioners Jett, Shute, Frnka, Haas, Sangerhausen, Kittrell and Shipley voted in favor, none opposed. Staff recommends APPROVAL. @07 DLA, L3R, BC, RP & MP 1-AR ITEM #10 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Duke Lesley Addition, Lot 3R, Block C Replat & Minor Plat P&Z HEARING DATE: February 19, 2009 C.C. HEARING DATE: March 10, 2009 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: SWC of Dividend Drive and South Belt Line Road SIZE OF AREA: 15.296 acres of property CURRENT ZONING: PD-221R-HC (Planned Development-221-Revised-Highway Commercial) and PD-221R4-HC (Planned Development-221- Revision 4-Highway Commercial) REQUEST: A replat of the Duke Lesley Addition, Lot 3, Block C to incorporate 3.4 acres of unplatted property, revising drainage and access easements to allow additional parking. APPLICANT: Duke Realty Kirk Klatt 14241 N. Dallas Parkway Suite 1000 Dallas, TX. 75254 (972) 361-6706 Fax: (972) 361-6800 HISTORY: In December of 2006, Council changed zoning on this parcel from A (Agriculture) to HC (Highway Commercial). In January of 2007 zoning was changed to a Conceptual Planned Development, and in March of 2007 a Detailed Planned ITEM #10 Page 2 of 2 development was approved by Council which allowed a three-story, 182,700 square foot office building to be constructed on this site with appropriate parking. TRANSPORTATION: Beltline Road is a P6D, major thoroughfare built to standards in ak120 foot fight of way. LBJ Freeway is an interstate highway build to federal highway guidelines. Dividend Drive is a four lane C4D roadway constructed within a 90 foot right of way SURROUNDING LAND USE & ZONING: North-warehousing and Middle School West; LI, (Light Industrial) South-developing commercial; City of Irving East –vacant; A (Agriculture) West –vacant; PD, (Planned Development 221-R4, HC) COMPREHENSIVE PLAN: The Comprehensive Plan, as amended, shows this property as suitable for freeway office and commercial uses. DISCUSSION: This is a companion piece to the parking addition just heard. Provided all conditions listed under the zoning case are complied with, this replat would simply add the additional acreage required for more parking and revise drainage/access easements to reflect the enlarged plan proposal. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following conditions: 1. Under “Notes” please indicate that the replat area is 3.4 acres in size. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request ATTACHMENTS: 1. Replat Document WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING March 10, 2009 18 ✔ PUBLIC HEARING Consider approval of Case No. PD-108R11-SF-9, The Chateaus of Coppell, a zoning change request from PD-108R9-SF-9 (Planned Development-108 Revision 9-Single Family-9) to PD-108R11-SF-9 (Planned Development-108 Revision 11-Single Family-9), to revise the PD conditions to allow up to 12 of the 56 single-family homes to have stucco exteriors, where no two stucco homes shall be spaced any closer than every second lot, on 20 acres of property located at the southwest corner of Bethel and Denton Tap Roads. See attached letter from Karl Mistry dated February 20, 2009, appealing the Planning Commission's recommendation for denial. A 3/4 VOTE OF COUNCIL (6 OUT OF 7) IS NECESSARY TO OVERTURN THE PLANNING COMMISSION'S DENIAL OF THIS ZONING CHANGE. See attached letter from Karl Mistry dated March 3, 2009, requesting that consideration for this zoning change request be postponed to the April 14, 2009 Council meeting. On February 19, 2009, the Planning Commission recommended denial of this zoning change (5-2). Commissioners Jett, Shute, Frnka, Haas, and Sangerhausen voted in favor; Commissioners Kittrell and Shipley opposed. Staff recommends DENIAL. @08 PD-108R11-SF-9, COC, 1-AR ITEM #11 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT PD-108R11-SF-9, The Chateaus of Coppell P&Z HEARING DATE: February 19, 2009 C.C. HEARING DATE: March 10, 2009 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: SWC of Bethel and Denton Tap Roads SIZE OF AREA: 20 acres of property CURRENT ZONING: PD-108R9-SF-9 (Planned Development-108 Revision 9-Single Family-9) REQUEST: A zoning change to PD-108R11-SF-9 (Planned Development- 108 Revision 11-Single Family-9), to revise the PD conditions to allow up to 12 of the 56 single-family homes to have stucco exteriors, where no two stucco homes shall be spaced any closer than every second lot. APPLICANT: Toll Dallas TX., LLC Karl Mistry 2557 SW Grapevine Pkwy. Suite 100 Grapevine, TX. 76051 (817) 329-8770 Fax: (817) 488-2496 HISTORY: This property has a long zoning history going back to 1989 when the property was zoned PD-Recreation for institutional, office, retail, commercial and light industrial uses. In 1995, the PD was amended to allow development of Summit at the Springs, a 46 lot residential subdivision on 30 acres. In 1998 the PD was again amended, allowing The Reserve, a ITEM #11 Page 2 of 4 23 lot residential subdivision on 9 acres of land. Subsequent to 1998, a 37 acre parcel was purchased by the city of Coppell for future development. In July 2005, a PD was approved allowing development of two medical –office buildings on a portion of the 37 acres, and one has been built and partially occupied. In July of 2007, Council approved a conceptual 56 lot residential subdivision being purchased from First Baptist Church of Coppell, and in September of 2007 Council approved a detailed plan for development of this 56 lot subdivision on the parcel before you now. TRANSPORTATION: Bethel Road is a two-lane asphalt road contained within a variable width right-of-way. Construction to a concrete roadway is scheduled to begin in 2009. Denton Tap Road is a P6D divided major thoroughfare built within 100 feet of right- of-way. SURROUNDING LAND USE & ZONING: North –developing single-family residential; PD-220R SF-12 South-single family homes, retail: SF-7 and C (Commercial) East –retail nursery, and offices; R (Retail) West- single family residential; PD-108-R-SF-9 COMPREHENSIVE PLAN: The Comprehensive Plan, as amended, shows this property as suitable for residential construction. DISCUSSION: First, some discussion regarding the fact that stucco housing is not allowed in Coppell unless a Special Use Permit is procured. In the early 80’s, city fathers adopted an ordinance limiting the construction of stucco homes in Coppell to SUP’s. Part of the rationale in adopting that ordinance was to encourage an old world residential architectural style composed of gabled roofs, dark colored brick, timber accents, earth toned colors among others. Their objective was to create a “theme” or “style” for Coppell which gave the city an identity not seen elsewhere in the metro-plex. It was felt that stucco buildings—the object of this request--was a bit too Mediterranean, southern California, left an impression of being a “hot” structure, and did not lend itself well to traditional north Texas construction. Feeling that in some instances stucco might be appropriate, ITEM #11 Page 3 of 4 our city fathers did allow it, but only by the Special Use Permit where design, lot siting, landscaping, etc. could be evaluated on a case-by-case basis. To date, there are an estimated 20 stucco houses in this city of over 13,000 single family residences. This is a request that would allow up to 12 of the 56 lot The Chateaus subdivision to build with stucco materials. That is 21% of the lots and although somewhat excessive in staff’s mind, might be allowed if spread throughout the subdivision. The applicant has attempted to soften this request somewhat by agreeing to have no two stucco residences within two lots of each other. Although well intended, staff has a concern that the overall appearance of the subdivision would still have a Mediterranean feel/look with stucco units on lots that close together. Instead, we feel a separation of at least 4 lots between stucco units with none permitted on lots 1-4 and 54 through 56 protects the integrity of the old world theme, yet allows this developer to construct a large number of stucco units within this development. Because this is a PD, specific lots can be called out for stucco building. The task Building Inspection has of insuring the proper number of stucco units is built could be simplified if specific lots were allowed stucco construction. Specifically, we would recommend lots 6, 11, 16, 19, 21, 24, 31, 36, 41, 46, 49 and 53 (the lots shown in blue on Attachment #4) be allowed to contain stucco houses. Although some lots are separated by less than the suggested 4 lot minimum, they are located in such a manner that they do not dominate the overall architectural character of the subdivision. Also, being a PD, the Director of Planning has the authority to designate other lots for the stucco product as long as the overall number does not exceed 12, and they are spaced well apart. Reducing the number of stucco lots was also a consideration of staff being respectful of the objectives outlined by our city fathers (and honored by past and current builders) so many years ago. However, by specifically stating which lots could accommodate a stucco home, and spreading them out, we feel the overall architectural character of the subdivision will not be dominated by the number of stucco product proposed. As stated above, because this residential subdivision is a PD, a condition of approval can be added to the original proposal and a certain number of scattered stucco homes can be allowed by the PD. ITEM #11 Page 4 of 4 Although staff does not question the ability to build with true stucco, we do feel more specificity needs to be attached to this request to better distribute the stucco homes and allow Building Inspection a better means to enforce and monitor building construction, thus the recommendation that specific lots be called out for the stucco material. If the Commission is inclined to follow staff recommendation regarding spacing of the stucco residences, the applicant could accept that recommendation, but suggests lots 3, 7, 10, 14, 18, 23, 28, 31, 38, 41, 49, and 55 (shown on Attachment #4 in red) be the specified lots. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request but feels a more specific guideline needs to be attached to the request. Specifically, Individual lots need to be called out for approval of the stucco product. Because staff and the applicant are not that far off with regard to the specific lot locations, either lot pattern could be supported, and should be a condition of approval. 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. Elevations of proposed residences 3. Photos of existing residences 4. Specific stucco lot locations (staff in blue, applicant in red) 1 23 4 56789101112 1314 15 16 17 18 19 20 21 22 23 2425 26 42 43 50 51 56 55 54 5352 49 48 4445 46 47 38394041 272829 30 31 32 33 3435 3637Chateaus DrCorsica Ct Bordeaux Ct Versailles Dr Chalais CtChalais CtS t. L o u is & S o u th w e s te rn R R Bethel Rd Denton Tap RdArmstrong BlvdLexington Ave µThe Chateaus of Coppell Not to Scale Legend Staff's Lot Selection Applicant's Lot Selection Same Lot Selection AGENDA REQUEST FORM DATE: March 10, 2009 ITEM #: 19 MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: March 10, 2009 ITEM #: 20 NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork AGENDA REQUEST FORM DATE: March 10, 2009 ITEM #: 21 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: March 10, 2009 Department Submissions: Item No. 9/B was placed on the Agenda for the above-referenced City Council meeting by the Human Resources Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Human Resources Department Item No. 10 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. 9/C, 9/D, 11, 12, 13, 14, 15, 16, 17 and 18 were placed on the Agenda for the above-referenced City Council meeting by the Planning Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Planning Department Financial Review: I certify that I have reviewed all the items submitted for consideration on the Agenda for the above-referenced City Council Meeting and have inserted any financial comments where appropriate. ____________________ Finance Department City Manager Review: I certify that I have reviewed the complete Agenda and Packet for the above-referenced City Council Meeting and hereby submit the same to the City Council for consideration. ____________________ City Manager (or Deputy City Manager)