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CP 2009-04-14 NOTICE OF CITY COUNCIL MEETING AND AGENDA APRIL 14, 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, April 14, 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. ag041409 Page 1 of 7 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding the Oil & Gas Ordinance. B. 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 of an agreement to contribute funds in the amount of $552,466.80 to TxDOT to acquire right-of-way and adjust utilities from the Tarrant County line to the Dallas County line for the SH 121 project. B. Discussion regarding the Public Agency Retirement System Trust (PARS) Section 457 FICA Alternative Retirement Plan. C. Discussion of Agenda Items. Adjourn Work Session. PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. 7. Consider approval of a proclamation naming Wednesday, April 22, 2009 as National Secretary's/Office Professional's Day, and authorizing the Mayor to sign. ag041409 Page 2 of 7 ITEM # ITEM DESCRIPTION 8. Citizens' Appearances. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: March 24 2009, March 31, 2009 and April 7, 2009. B. Consider approval of an ordinance of the City of Coppell, amending Article 15 of the Code of Ordinances and the Coppell Thoroughfare Plan to designate the name Point West Boulevard to that certain section of roadway connecting Dividend Drive with the IH 635 Frontage Road northward, as shown on the final plat approved by City Council on December 12, 2006; and authorizing the Mayor to sign and execute any necessary documents. C. Consider approval of an ordinance to abandon right-of-way now known as Doggett Cove, in the Westfork Addition, in order that the subdivision can be re-platted, 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, as amended, by amending Section 1-5-6, in part, to increase the amount of purchases of personal property by the City Manager, which do not require competitive bidding, from $25,000 to $50,000 to comply with state law; and authorizing the Mayor to sign and execute any necessary documents. E. Consider approval of the annual Camp-Do-It-All Standards of Care; and authorizing the Mayor to sign. F. Consider approval of an Ordinance for Case No. PD-217R-C, Doggie’s Wonderland, a zoning change 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 and authorizing the Mayor to sign. ag041409 Page 3 of 7 ITEM # ITEM DESCRIPTION G. Consider approval of an Ordinance for Case No. PD-221R6-HC, Duke Lesley Addition, a zoning change 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 and authorizing the Mayor to sign. END OF CONSENT 10. 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. 11. PUBLIC HEARING: Consider approval of Case No. PD-240-HC, North Gateway Center, zoning change request from HC (Highway Commercial) to PD-240-HC (Planned Development-240-Highway Commercial), to establish a Concept Plan for a nine-lot commercial development on 12.362 acres of property located at the northwest corner of S.H. 121 and Denton Tap Road. 12. Consider approval of the North Gateway Center Preliminary Plat, a request for approval of a preliminary plat for a nine-lot commercial development on 12.362 acres of property located at the northwest corner of S.H. 121 and Denton Tap Road. 13. PUBLIC HEARING: Consider approval of Case No. PD-240R-HC, North Gateway Center, Lot 5, Block A (Rosa’s Café), zoning change request from PD-240-HC (Planned Development-240-Highway Commercial) to PD-240R-HC (Planned Development-240 Revised-Highway Commercial), to attach a Detail Site ag041409 Page 4 of 7 ITEM # ITEM DESCRIPTION Plan to allow the development of a 6,468-square-foot restaurant with a drive-thru on 2.067 acres of property located at the northwest corner of S.H. 121 and Denton Tap Road. 14. Consider approval of the North Gateway Center, Lot 5, Block A, (Rosa’s Café), Final Plat, to establish various utility and fire lane easements to allow the development of a 6,468-square-foot restaurant with a drive-thru on 2.067 acres of property located at the northwest corner of S.H. 121 and Denton Tap Road. 15. PUBLIC HEARING: Consider approval of Case No. PD-240R2-HC, North Gateway Center, Lot 9, Block A, zoning change request from PD-240-HC (Planned Development-240-Highway Commercial) to PD-240R2-HC (Planned Development-240 Revision 2-Highway Commercial), to attach a Detail Site Plan to allow the development of a 8,100-square-foot structure with professional/medical office and personal service uses, on 1.624 acres of property located at the northwest corner of S.H. 121 and Denton Tap Road. 16. Consider approval of the North Gateway Center, Lot 9, Block A, Final Plat, to establish various utility and fire lane easements to allow the development of a 8,100-square-foot structure with professional/medical office and personal service uses, on 1.624 acres of property located at the northwest corner of S.H. 121 and Denton Tap Road. 17. PUBLIC HEARING: Consider approval of Case. No. PD-162R2-MF-2, Gunner Subdivision, Lot 1R, Block A, zoning change request from PD-162R-MF-2 (Planned Development-162-Revised–Multi-family-2) to PD-162R2-MF-2 (Planned Development-162- Revision 2–Multi-family-2), to allow the relocation of a previously approved 1,656-square-foot six-car garage and storage area on 20.965 acres of property located 1717 Belt Line Road. 18. PUBLIC HEARING: Consider approval of the Gunner Subdivision, Lot 1R, Block A, Replat, to allow the relocation of a portion of a fire lane easement resulting from the proposed relocation of a previously approved garage & storage area on 20.965 acres of property located 1717 Belt Line Road. 19. PUBLIC HEARING: Consider approval of Case No. S-1241R-C, Fat Daddy’s Burger House, zoning change request from S-1241-C (Special Use Permit-1241- ag041409 Page 5 of 7 ITEM # ITEM DESCRIPTION Commercial) to S-1241R-C (Special Use Permit-1241 Revised-Commercial), to allow a 560-square-foot cover over the existing outdoor patio area serving the existing 3,580-square-foot restaurant located at 215 S. Denton Tap Road, Suite 100. 20. PUBLIC HEARING: Consider approval of the Westfork Addition, Lots 1R & 2R, Block A, Replat, being a replat of the Westfork Addition, Lots 1 through 5, including the abandoned right-of-way, containing 2.172 acres of land, to create two single-family lots each containing approximately 1.1 acres of property located on the south side of Bethel School Road across from Glencrest Circle. 21. Consider approval of an Ordinance for Case No. PD-239-R, Denton Creek Nursing, a zoning change 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 and authorizing the Mayor to sign. 22. Consider approval of a contract proposal for Teague, Nall & Perkins in the amount of $237,000.00 for the design of residential street improvements as provided by the 1/4 Cent Sales Tax for Streets Maintenance; and authorizing the City Manager to sign and execute necessary documents. 23. Consider approval of a Resolution of the City Council of the City of Coppell, Texas, approving the Public Agency Retirement System Trust (PARS) Section 457 FICA alternative retirement plan, appointing a plan administrator, and authorizing said plan administrator to execute all required PARS legal documents on behalf of the City and to take whatever additional actions are required to administer the City’s PARS plan(s); and authorizing the Mayor to sign. 24. Mayor and Council Reports. A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting. B. Report by Councilmember Tunnell regarding National League of Cities Congressional Conference. 25. Necessary action resulting from Work Session. 26. Necessary action resulting from Executive Session. ag041409 Page 6 of 7 ITEM # ITEM DESCRIPTION Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 10th day of April, 2009, at __________________. ____________________________________ Libby Ball, City Secretary DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). ag041409 Page 7 of 7 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: April 14, 2009 ITEM #: ES-2 EXECUTIVE SESSION A. Section 551.071, Texas Government Code – Consultation with City Attorney. 1. Discussion regarding the Oil & Gas Ordinance. B. 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: April 14, 2009 ITEM #: WS-3 WORK SESSION A. Discussion of an agreement to contribute funds in the amount of $552,466.80 to TxDOT to acquire right-of-way and adjust utilities from the Tarrant County line to the Dallas County line for the SH 121 project. B. Discussion regarding the Public Agency Retirement System Trust (PARS) Section 457 FICA Alternative Retirement Plan. C. 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 April 14, 2009 7 ✔ PROCLAMATION Consider approval of a proclamation naming Wednesday, April 22, 2009 as NATIONAL SECRETARY'S/OFFICE PROFESSIONAL'S DAY, and authorizing the Mayor to sign. Staff Recommends Approval !Secretary PROCLAMATION WHEREAS, Wednesday, April 22 is set aside to honor all Office Professionals in conjunction with National Professional Secretary's Day; and WHEREAS, the city of Coppell is proud of the dedication and hard work of their Secretaries and Office Professionals; and WHEREAS, our Secretaries and Office Professionals are primarily responsible for keeping our City running effectively and efficiently; and WHEREAS, the city of Coppell extends special thanks to all the Secretaries and Office Professionals in the organization. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do hereby proclaim Wednesday, April 22 as "NATIONAL SECRETARY'S/OFFICE PROFESSIONAL'S DAY" in the city of Coppell, and encourage all Directors and Supervisors to recognize these employees as the professionals they truly are. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of April 2009. ____________________________ Douglas N. Stover, Mayor ATTEST: ___________________________ Libby Ball, City Secretary AGENDA REQUEST FORM DATE: April 14, 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 April 14, 2009 9/A ✔ PROCEDURAL Consider approval of minutes: March 24, 2009 March 31, 2009 April 7, 2009 Minutes of the City Council meeting held on March 24, 2009 March 31, 2009 April 7, 2009. Staff recommends approval. %minutes Cm032409 Page 1 of 8 MINUTES OF MARCH 24, 2009 The City Council of the City of Coppell met in Regular Called Session on Tuesday, March 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, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Open to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding the Northlake Settlement. 2. Discussion regarding the Mira Mar appeal hearing. 3. Discussion regarding the Oil & Gas Ordinance. B. 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. Cm032409 Page 2 of 8 Mayor Stover convened into Executive Session at 5:40 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 5:53 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Recycle Update from Waste Management. B. Discussion regarding Council Retreat. C. Discussion of Agenda Items. EXECUTIVE SESSION (Open to the Public) Reconvene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding the Northlake Settlement. 2. Discussion regarding the Mira Mar appeal hearing. 3. Discussion regarding the Oil & Gas Ordinance. B. 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 reconvened into Executive Session at 6:21 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 7:02 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Mayor Pro Tem Franklin led those present in the Invocation. Cm032409 Page 3 of 8 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Consider approval of a proclamation naming April 2009 Cancer Awareness Month, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Mike Dunn. Action: Councilmember Peters moved to approve a proclamation naming April 2009 Cancer Awareness Month, and authorizing the Mayor 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. 8. Consider approval of a proclamation naming April 4, 2009 as Arbor Day and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Brad Reid. Action: Councilmember Faught moved to approve a proclamation naming April 4, 2009 as Arbor Day and authorizing the Mayor to sign. Councilmember Tunnell 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. Cm032409 Page 4 of 8 10. Citizens' Appearances. 1) Terrie Aune, 204 Glendale Dr., spoke for Pink Soles in Motion and discussed their upcoming golf tournament. 9. Report by Keep Coppell Beautiful Board. Brent Wooten made the Board’s semi-annual report. 11. Consider approval of minutes: March 10, 2009. Action: Councilmember Tunnell moved to approve the minutes for March 10, 2009. 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 awarding a bid to Southwest Parks and Playgrounds in the amount of $199,983.85, as budgeted, for the installation of a new playground at Allen Road Park; and authorizing the City Manager to sign and execute any necessary documents. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to Council. Action: Councilmember Hinojosa-Flores moved to approve the awarding a bid to Southwest Parks and Playgrounds in the amount of $199,983.85, as budgeted, for the installation of a new playground at Allen Road Park; and authorizing the City Manager to sign and execute any necessary documents. 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. Cm032409 Page 5 of 8 13. Mayor and Council Reports. A. Report by Mayor Stover regarding Realtor Forum. B. Report by Mayor Stover regarding Earthfest on April 4th from 9:00 a.m. to 1:00 p.m. at Town Center. C. Report by Mayor Stover regarding the Egg Hunt on April 11th at 11:00 a.m. at Wagon Wheel Park. A. Mayor Stover and Councilmember Peters were asked to speak at a Realtors Forum about why Coppell should be a community of choice. Mayor Stover also thanked Northlake Community College for hosting the forum. B. Mayor Stover announced that Earthfest is scheduled for April 4, 2009 at Town Center Plaza from 9:00 am until 1:00 pm. C. Mayor Stover reported that the Egg Hunt is scheduled for April 11, 2009 at Wagon Wheel Park at 11:00 am. 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. 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 C-FB Special Olympics Invitational Track Meet will be March 25. The School Board has two contested races for Places 3 and 4. The deadline for applications for the Superintendant Search will be April 12. The finalists will be announced on June 9 and the vote will Cm032409 Page 6 of 8 take place on July 1. Ranchview Elementary will have Kindergarten Registration on April 16 at 6:30 pm. Lewisville’s Kindergarten Round-up will be held on March 24, March 26 and May 5-7. B. Councilmember Peters announced CISD’s Bad Weather Make-Up Day will be April 3. CMS North will be hosting a Job Fair on March 28. Shattered Dreams will be held on April 9 from 9 am – noon. CISD will be celebrating their 50th Anniversary on April 11 in the Small Commons Area from 2-4 pm. A Bond Election will be held on May 9. Details are listed on the school’s website. Finally, CYL will be offering free hot dogs for a donation towards their class project on March 28 at Ace Hardware. C. Councilmember Faught informed Council of the activities scheduled for April: AARP Tax Assistance, Good Friday/Easter Luncheon and judging of the youth Easter Color Contest. D. Councilmember Peters stated TXDOT will be awarding the project for the DFW Connector on March 26. The first phase of the non-Tollway portion of SH 121 is now completed. The second phase will eventually include 10 main lanes and 6 frontage roads. E. Nothing to report. F. Nothing to report. G. Councilmember Tunnell announced that as of April 27, Baylor and Trinity Medical Center of Carrollton will become Baylor Medical Center of Carrollton. H. Councilmember Hunt reported September 30 will be the Metrocrest Medical Foundation Anniversary event at Sam Pack’s Classic Car Museum. The theme will be Wheels and Pearls and they are accepting donations. April 8 will be DTag Day - Tattoo Removal Day. I. Nothing to report. J. Councilmember Hunt stated the Keyholder Breakfast will be April 2 at the Marriott Quorum. In regards to assistance for the month of March, 888 families were served with food, 35 Cm032409 Page 7 of 8 families were assisted with rent, 46 families were assisted with utilities and 352 people were assisted with employment. K. Nothing to report. L. Mayor Pro Tem Franklin announced the next meeting will be April 9. M. Nothing to report. N. Councilmember Faught informed Council that Paddlemania will be April 18. They are in need of sponsors, teams, donations and goodies. 15. Convene an evidentiary hearing pursuant to § 212.904 of the Texas Local Government Code and consider the appeal of Mira Mar Development, LLC to apportion the costs of municipal infrastructure improvements in accordance with applicable law for the Alexander Court Subdivision Development; the City Council may convene into closed executive session with the City Attorney to seek legal advice pursuant to § 551.071(2) of the Texas Government Code on a matter that the Code of Professional Responsibility requires to be kept confidential. At this time, the evidentiary hearing began and evidence was heard from attorneys and witnesses for both the City of Coppell and Mira Mar Development. Mayor Stover recessed the hearing until March 31, 2009 at 5:00 p.m. 16. Necessary action resulting from Work Session. There was no action necessary under this item. Cm032409 Page 8 of 8 17. Necessary action resulting from Executive Session. Action: Councilmember Peters moved to authorize the City Manager to execute the third amendment to the Northlake Property Contract of Purchase and Sale in lieu of Eminent Domain, and the second amendment to the Settlement Agreement to extend the utility commitment deadline until July 31, 2009. 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. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary MINUTES OF MARCH 31, 2009 The City Council of the City of Coppell met in Special Called Session on Tuesday, March 31, 2009, at 5:00 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 Marsha Tunnell, Councilmember Billy Faught, Councilmember Karen Hunt, Councilmember Also present were City Manager Clay Phillips, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Mayor Stover called the meeting to order and determined that a quorum was present. SPECIAL SESSION (Open to the Public) 2. Convene Special Session. 3. Invocation. Councilmember Faught led those present in the Invocation. 4. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 5. Continuation of an evidentiary hearing pursuant to § 212.904 of the Texas Local Government Code and consider the appeal of Mira Mar Development, LLC to apportion the costs of cm033109 Page 1 of 3 municipal infrastructure improvements in accordance with applicable law for the Alexander Court Subdivision Development; the City Council may convene into closed executive session with the City Attorney to seek legal advice pursuant to § 551.071(2) of the Texas Government Code on a matter that the Code of Professional Responsibility requires to be kept confidential. Mayor Stover reconvened the evidentiary hearing which had been continued from March 24, 2009 and evidence was heard from attorneys and witnesses for both the City of Coppell and Mira Mar Development. The hearing will continue on Tuesday, April 7, 2009 at 5:00 p.m. EXECUTIVE SESSION (Closed to the Public) 6. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding Oil & Gas Ordinance. B. 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. Council did not convene into Executive Session during this meeting. WORK SESSION (Open to the Public) 7. Convene Work Session A. Five-Year Plan Review. B. Discussion regarding Council retreat. Mayor Stover left the meeting prior to Work Session and Mayor Pro Tem Franklin stepped up to preside over the meeting. Council met in Work Session only to discuss the Council retreat. cm033109 Page 2 of 3 SPECIAL SESSION (Open to the Public) 8. Necessary action resulting from Work Session. There was no action necessary under this item. 9. 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 cm033109 Page 3 of 3 MINUTES OF APRIL 7, 2009 The City Council of the City of Coppell met in Special Called Session on Tuesday, April 7, 2009, at 5:00 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 Marsha Tunnell, Councilmember Billy Faught, Councilmember (late arrival) Karen Hunt, Councilmember Also present were City Manager Clay Phillips, City Secretary Libby Ball and City Attorney David Dodd. 1. Call to order. Mayor Stover called the meeting to order and determined that a quorum was present. SPECIAL SESSION (Open to the Public) 2. Convene Special Session. 3. Invocation. Councilmember Tunnell led those present in the Invocation. 4. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 5. Continuation of an evidentiary hearing pursuant to § 212.904 of the Texas Local Government Code and consider the appeal of Mira Mar Development, LLC to apportion the costs of cm040709 Page 1 of 2 municipal infrastructure improvements in accordance with applicable law for the Alexander Court Subdivision Development; the City Council may convene into closed executive session with the City Attorney to seek legal advice pursuant to § 551.071(2) of the Texas Government Code on a matter that the Code of Professional Responsibility requires to be kept confidential. Mayor Stover reconvened the evidentiary hearing which had been continued from March 31, 2009 and evidence was heard from attorneys and witnesses for both the City of Coppell and Mira Mar Development. The hearing will continue on Monday, April 13, 2009 at 5:00 p.m. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary cm040709 Page 2 of 2 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Engineering April 14, 2009 9/B ✔ ORDINANCE Consider approval of an ordinance of the City of Coppell, amending Article 15 of the Code of Ordinances and the Coppell Thoroughfare Plan to designate the name Point West Boulevard to that certain section of roadway connecting Dividend Drive with the IH 635 Frontage Road northward, as shown on the final plat approved by City Council on December 12, 2006; and authorizing the Mayor to sign and execute any necessary documents. Amending the Thoroughfare Plan ordinance allows the existing wording in Ordinance 2006-1138 "proposed Lesley Drive" to conform to the Thoroughfare Plan updated by Ordinance 2008-1197, which notes the roadway as Point West Boulevard, its platted name. TxDOT requested the City approve an amended ordinance to provide for consistency in its funding request to build the extension of the IH 635 frontage road, as approved in 2007. Staff recommends approval of the ordinance. #Amending Thoroughfare Ord AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING ARTICLE 15-9, COPPELL THOROUGHFARE PLAN, TO DESIGNATE THE NAME POINT WEST BOULEVARD TO THAT CERTAIN SECTION OF ROADWAY CONNECTING DIVIDEND DRIVE WITH THE IH 635 FRONTAGE ROAD AS DEPICTED ON EXHIBIT “A” WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance 90489, codified as Article 15-9 of the Code of Ordinances, which provides for the adoption and maintenance of the Coppell Thoroughfare Plan as a separate Code; and WHEREAS, the City desires to revise the Thoroughfare Plan to delete the proposed Lesley Drive, as referenced in Ordinance 2006-1138 adopted on October 10, 2006; and to add the name Point West Boulevard in its place as a C2U classification roadway; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Article 15-9 of the Coppell Code of Ordinances be, and the same is, hereby amended by amending the Coppell Thoroughfare Plan, to delete the proposed name Lesley Drive, and to add the name Point West Boulevard in its place. SECTION 2. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances as amended hereby, which shall remain in full force and effect. 1 70922 SECTION 4. 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 2 70922 WRANGLER DRIVE AIRLINE DRIVE BELT LINE ROADSOUTHWESTERN BLVD. FRITZ DR.FREEPORT PKWY.BLVD.WETAG AY DART RAILROAD COPPELL RD.ROYALBETHEL RD.ANELRUBY RD.ROYALLANESANDY LAKE ROAD COPPELL ROADP A R K W A YB L V D DENTON TAP ROADPARKW A Y BLVD. SANDY LAKE ROAD ROADSAMUELMOOREBLVD.PARKWAY BLVD.MACAR THURBLV D . S A N D Y AKLE ROADBLVD.RUHTRACAMRVIERCH A S EDR.BELT LINE ROAD DART RAILROAD BETHEL SCHOOL RD.HEARTZ ROADDENTON TAP ROADOMCKINGRIBDLANEBET H E L S C HOOL ROAD ROAD LINE S H .21.1 COPPELL RD.BETHEL RD. I H 6 3 5 I H 6 3 5 CREEKVIEW DR. BELTFREEPORT PKWY.DIVIDEND DRIVE POINT WESTDRIVE04000 2000 4000 LEGEND 2 Lane Undivided ( 60' R.O.W. ) 4 Lane Undivided ( 70' R.O.W. ) 4 Lane Divided ( 90' R.O.W. ) 6 Lane Divided ( 110' R.O.W. ) 4 Lane Divided in a 6 Lane Divided Right-of-Way. ( 110' R.O.W. ) Does Not Meet Current Thoroughfare Plan Meets Current Thoroughfare Plan Proposed Thoroughfare DATE: 05/27/08 CITY OF COPPELL MAJOR THOROUGHFARE PLAN EXHIBIT A AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING ARTICLE 15-9, COPPELL THOROUGHFARE PLAN, TO DESIGNATE THE NAME POINT WEST BOULEVARD TO THAT CERTAIN SECTION OF ROADWAY CONNECTING DIVIDEND DRIVE WITH THE IH 635 FRONTAGE ROAD AS DEPICTED ON EXHIBIT “A” WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 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 3 70922 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: Engineering April 14, 2009 9/C ✔ ORDINANCE Consider approval of an ordinance to abandon right-of-way now known as Doggett Cove, in the Westfork Addition, in order that the subdivision can be re-platted, and authorizing the Mayor to sign and execute any necessary documents. Approval of this abandonment ordinance will allow the property to be re-platted without a dedicated street. This item is a companion to the replat of the Westfork Addition presented by the Planning Department. Staff recommends approval of the ordinance. #Doggett Cove Abandon Ord Proposed Dogget Cove Abandonment Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\DOGGET COVE Created on: 06 April 2009 by Scott Latta 1 INCH = 1 MILE 0 11/2 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING RIGHT-OF-WAY IN THE WESTFORK ADDITION, AS DESCRIBED IN EXHIBIT “A” ATTACHED HERETO; PROVIDING THAT SUCH ABANDONMENT SHALL BE THE INTEREST WHICH THE CITY MAY LEGALLY AND LAWFULLY ABANDON IN FAVOR OF THE PROPERTY OWNER; AUTHORIZING THE MAYOR TO SIGN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell has determined that the right-of-way herein described in Exhibit "A" is no longer needed for City services; and WHEREAS, the property owner desires that said right-of-way be abandoned; and WHEREAS, there is no market value of the right-of-way to be abandoned; NOTE, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council of the City of Coppell, Texas has determined that the right-of-way described in Exhibit "A", attached hereto and made a part hereof for all purposes, is no longer needed or necessary for public purposes and should be, and is hereby, abandoned in favor of the property owner. SECTION 2. That there is no market value of the said right-of-way being abandoned. SECTION 3. That the abandonment provided for herein shall extend only to the public right, title and interest which the City of Coppell, Texas, may have in and to said right-of-way, and shall be construed to extend only to such interests that the governing body of the City of Coppell, Texas, may legally and lawfully abandon. SECTION 4. That this ordinance shall become effective from and after its passage as the law and charter in such case 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 EXHIBIT "A" L. I,... m UL" -I-. z. -m - I.. c.?." "D. YI..Cn." .I.c%. t.=- m 2. "Lzs-. 3. "l"." UI-.. m. M. I . l ..D. .""= - -0. 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TEXAS OUT OF THE hLFREOLOGS0011 SIRYE" ABSTRACT YO 783 Cl," DC COP?ELL.OILLIS COUNT" ,EXIS 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 April 14, 2009 9/D ✔ ORDINANCE Consider approval of an ordinance amending the Code of Ordinances of the City of Coppell, Texas, as amended, by amending Section 1-5-6, in part, to increase the amount of purchases of personal property by the City Manager, which do not require competitive bidding, from $25,000 to $50,000 to comply with state law; and authorizing the Mayor to sign and execute any necessary documents. This amendment will make the necessary changes to City of Coppell Code of Ordinances to comply with state law, specifically Section 252 of Local Government Code. Staff Recommends Approval AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS, AS AMENDED, BY AMENDING SECTION 1-5-6, IN PART, TO INCREASE THE AMOUNT OF PURCHASES OF PERSONAL PROPERTY BY THE CITY MANAGER, WHICH DO NOT REQUIRE COMPETITIVE BIDDING, FROM $25,000.00 TO $50,000.00; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Coppell Code of Ordinances currently authorizes the City Manager to approve purchases for lawful municipal purposes that are not required to comply with the competitive bidding requirements and are expenditure of $25,000.00 or less; and WHEREAS, Section 252.001 et. seq. of the TEXAS LOCAL GOVERNMENT CODE provides that such expenditures which do not exceed $50,000.00 are not required to comply with the competitive sealed bidding process; and, WHEREAS, the City Council has determined that it is in the best interest of the City to Increase the current amount to comply with State law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section 1-5-6 of the Code of Ordinances of the City of Coppell, Texas, be and the same is hereby amended, in part, to read as follows: “Sec. 1-5-6 Authority to purchase and approve change orders. . . . . A. . . . . B. All purchases of the personal property and contracts for construction, repair, services (other than personal or professional), high technology procurements, or any other lawful municipal purpose that require and expenditure of $50,000.00 or less, regardless of the source of funds or whether for consumables, recurring expenses, capital outlay, or replacement shall be made by the city manager upon such competitive basis as he may deem necessary and advisable. If the expenditure is more than $3,000.00, the city manager shall follow the procedures for contacting disadvantaged businesses prescribed in section 252.0215 of the TEXAS LOCAL GOVERNMENT CODE, as amended. All such purchases and contracts may be made by the city manager as provided in this subsection without further city council action. C. A contract for personal or professional services requiring an expenditure of $50,000.00 or less may be authorized by the City Manager or his designee by administrative action, without further council action. A contract for personal or professional services requiring an expenditure exceeding $50,000.00 must be authorized by the city council. D. For purchases of personal property and contracts for construction, repair, services, or any other lawful municipal purpose requiring an expenditure exceeding $50,000.00, and required by state law to be competitively bid, the city manager or his designee shall follow the procedures set forth in Chapter 252 of the TEXAS LOCAL GOVERNMENT CODE. E. For purchases of personal property and contracts for construction, repair, services or any other lawful municipal purpose requiring an expenditure of $50,000.00 or less, and required by Chapter 252 to be competitively bid, the city manager or designee shall tabulate the bids and select a vendor or contractor with the lowest responsible bid. The city council, or the city manager, when authorized to contract for the city, shall have the right to reject any and all bids. F. . . . . G. No expenditure exceeding $50,000.00 may be made without competitive bids except when the expenditure falls within one of the general exemptions outlines in section 252.022 of the Texas Local Government Code, provided however, that in the even of an emergency expenditure, such emergency shall be declared by the city manager and approved by the city council, or may be declared by the city council in its resolution authorizing execution of the contract. H. . . . . I. . . . . “ SECTION 2. All provisions of the ordinances of the City of Coppell in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the Ordinances of the City of Coppell not in conflict with the provisions of this ordinance shall remain in full force and effect SECTION 3. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances of the City of Coppell, Texas. SECTION 4. That this ordinance shall take effect immediately from and after its passage and publication, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this _____ day of _______________, 2009. APPROVED: By: ________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: By: ________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: By: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 04/08/09 Reviewed & Revised Only)(36146) 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 April 14, 2009 9/E ✔ PROCEDURAL Consider approval of the annual Camp-Do-It-All Standards of Care; and authorizing the Mayor to sign. This item is submitted annually to the Council to adhere to guidelines for state exemption to Day Care licensing standards. These guidelines apply to all camp situations, including summer programs (camp-Do-It-All and Kidz Connect) and other school holidays (thanksgiving and Spring Break, as well as individual days that the schools are closed). staff recommends approval of these standards. ^Standards of Care- 1 AR 1 CITY OF COPPELL YOUTH CAMP PROGRAMS STANDARDS OF CARE The Standards of Care are intended to be minimum standards by which the City of Coppell Parks & Recreation Department will operate the City's Youth Camp Programs. The programs operated by the City are recreational in nature and are not day care programs. GENERAL ADMINISTRATION Organization A. The governing body of the City of Coppell Youth Camp Programs is the Coppell City Council. B. City of Coppell Youth Camp Programs will be licensed under the State of Texas Health Services Department. C. Implementation of the Youth Programs Standards of Care is the responsibility of the Parks & Recreation Department Director and Departmental employees. D. Youth Program ("Program") to which these Standards of Care will apply is the Summer Recreation Program and selected days off from the school calendar. E. Each Youth Program site will have available for public and staff review a current copy of the Standards of Care. F. Parents of participants will be provided a current copy of the Standards of Care during the registration process. G. Criminal background checks will be conducted on prospective Youth Program employees. If results of the criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: (1) a felony or a misdemeanor classified as an offense against a person or family; (2) a felony or misdemeanor classified as public indecency; (3) a felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; (4) any offense involving moral turpitude; (5) any offense that would potentially put youth participants or the City of Coppell at risk. 2 Definitions A. City: City of Coppell B. City Council: City Council of the City of Coppell C. Department: Parks & Recreation Department of The City of Coppell D. Youth Programs or Program: City of Coppell Youth Programs currently consisting of the Summer Recreation Program and selected days off from school. E. Program Manual: Notebook of policies, procedures, required forms, and organizational and programming information relevant to Coppell Youth Programs. F. Director: City of Coppell Parks & Recreation Department Director or his or her designee. G. Parks & Recreation Manager: City of Coppell Parks and Recreation Department’s Recreation Manager. H. Recreation Services Supervisor: City of Coppell Parks & Recreation Department Recreation Services Supervisor. I. Site Director: City of Coppell Parks & Recreation Department Seasonal/Temporary Programmer who has been assigned administrative responsibility for a Coppell Youth Program. J. Program Counselor: City of Coppell Parks & Recreation Department Seasonal/Temporary employee who has been assigned responsibility to implement the City's Youth Program. K. Program Site: Area and facilities where Coppell Youth Programs are held consisting of the Coppell Independent School District Campus and the Aquatic and Recreation Center. L. Participant: A youth whose parent(s) have completed all required registration procedures and determined to be eligible for a Coppell Youth Program. M. Parent(s): This term will be used to represent one or both parent(s) or adults who have legal custody and authority to enroll their child(ren) in Coppell Youth Programs. N. Employee(s): Term used to describe people who have been hired to work for the City of Coppell and have been assigned responsibility for managing, administering, or implementing some portion of the Coppell Youth Programs. O. Recreation Center: The Coppell Independent School District campuses or the Aquatics and Recreation Center which hosts the Summer Recreation Program and selected days off from school. P. Water Front Director: City of Coppell Parks & Recreation Department Aquatics Operation Supervisor or Head Lifeguard as assigned by the Recreation Manager. 3 Inspections/Monitoring/Enforcement A. A monthly inspection report will be initiated by the Site Director of each Program to confirm that the Standards of Care are being met. (1) Inspection reports will be sent to the Recreation Services Supervisor for review and kept on record for at least two years. (2) The Parks & Recreation Department’s Recreation Manager will review the report and establish deadlines and criteria for compliance with the Standards of Care. B. The Recreation Manager will make visual inspections of the Program based on the following schedule: (1) The Summer Recreation Program will be inspected twice during its summer schedule. In addition, selected days at the Aquatics and Recreation Center will be visited during the school year. C. Complaints regarding enforcement of the Standards of Care will be directed to the Site Director. The Site Director will be responsible to take the necessary steps to resolve the problems. The Site Director will record complaints regarding enforcement of the Standards of Care and their resolution. The Recreation Services Supervisor will address serious complaints regarding enforcement of the Standards of Care and the complaint and resolution will be noted. D. The Parks & Recreation Department’s Recreation Manager will make an annual report to the City Council on the overall status of the Youth Program and its operation relative to compliance with the adopted Standards of Care. Enrollment A. Before a child can be enrolled a parent must sign registration forms that contain the child's: (1) name, address, home telephone number; (2) name and address of parents and telephone number during Program hours; (3) the names and telephone numbers of people to whom the child can be released or names of those who may not pick them up; (4) a statement of the child's special problems or needs; (5) emergency medical authorization; (6) proof of residency when appropriate; and (7) a liability, photo and movie waiver 4 Suspected Abuse Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. STAFFING - RESPONSIBILITIES AND TRAINING Site Director Qualifications A. Site Director will be Seasonal/Temporary professional employees of the City of Coppell Parks & Recreation Department and will be required to have all Recreation Site Director qualifications as outlined in this document. B. Site Director must be at least 21 years old C. Site Director must have a bachelor's degree from an accredited college or university. Acceptable degrees include: (1) Recreation Administration or General Recreation (2) Physical Education, Secondary or Elementary Education (3) Any other comparable degree plan that would lend itself to working in a public recreation environment D. Site Director must have two years experience planning and implementing recreational activities. E. Site Director must pass a background investigation including testing for illegal substances. F. Site Director must have successfully completed a course in First Aid and Cardio- Pulmonary Resuscitation (CPR) based on either American Heart Association or American Red Cross standards. G. Site Director must be able to furnish proof of a clear tuberculosis test within 12 months prior to their employment date. Site Director's Responsibilities A. Site Directors are responsible to administer the Programs' daily operations in compliance with the adopted Standards of Care. B. Recreation Services Supervisor and Site Directors are responsible to recommend for hire, supervise, and evaluate Counselors. Camp management shall ascertain and have on record information, such as a letter of reference, attesting to the character and integrity of each staff member, and information, such as training certificates, attesting to the ability of each staff member to perform the tasks required in his or her position. C. Site Directors are responsible for planning, implementing, and evaluating programs. 5 D. Site Directors will be considered Camp Health Officers. Duties will consist of, but not limited to: dispensing of medication and first aid, records management of incidences, emergencies, and camper’s health files. Counselor Qualifications A. Counselors will be Seasonal/Temporary employees of the Parks & Recreation Department. B. Counselors working with children must be age 17 or older and have completed high school; however, each site will have at least one employee 18 years old or older present at all times. C. Counselors should be able to consistently exhibit competency, good judgment, and self-control when working with children. D. Counselors must relate to children with courtesy, respect, tolerance, and patience. E. Counselors must have successfully completed a course in First Aid and CPR based on either American Heart Association or American Red Cross standards. An exception can be made for no more than one staff person at each site and that person shall successfully complete a First Aid and CPR course within two weeks of starting work. F. Each Counselor must be able to furnish proof of a clear tuberculosis test within the 12 months prior to their employment date. G. Counselors must pass a background investigation including testing for illegal substances. Counselor Responsibilities A. Counselors will be responsible to provide participants with an environment in which they can feel safe, can enjoy wholesome recreation activities, and can participate in appropriate social opportunities with their peers. B. Counselors will be responsible to know and follow all City, Departmental, and Program standards, policies and procedures that apply to Coppell Parks and Recreation Youth Programs. C. Counselors must ensure that participants are released only to an authorized parent or an authorized adult designated by the parent. All Program sites will have a copy of the Department approved plan to verify the identity of a person authorized to pick up a participant if that person is not known to the Counselor. Training/Orientation A. The Department is responsible for providing training and orientation to Program employees in working with children and for specific job responsibilities. Recreation Service Supervisor will provide each Counselor and Site Director with a Program manual specific to the Youth Program. B. Program employees must be familiar with the Standards of Care for Youth Program operation as adopted by the City Council. 6 C. Program employees must be familiar with the Program's policies including discipline, guidance, and release of participants as outlined in the Program Manual. D. Program employees will be trained in appropriate procedures to handle emergencies by the Recreation Services Supervisor/professionals in the field. E. Program employees will be trained in areas including City, Departmental, and Program policies and procedures, provision of recreation activities, safety issues, child psychology, and organization. F. Program employees will be required to sign an acknowledgement that they received the required training. OPERATIONS Staff-Participant Ratio A. In a Coppell Youth Program, the standard ratio of participants to Counselors shall not exceed 20 to 1. In the event a Counselor is unable to report to the Program site, a replacement will be assigned. The camp director shall not be included in the supervisor to camper ratio in camps serving over 50 campers at a time. B. Each participant shall have a Program employee who is responsible for him or her and who is aware of the participant's habits, interests, and any special problems as identified by the participant's parent(s) during the registration process. Discipline A. Program employees will implement discipline and guidance in a consistent manner based on the best interests of Program participants. B. There must be no cruel or harsh punishment or treatment. C. Program employees may use brief, supervised separation from the group if necessary. D. As necessary, Program employees will initiate discipline reports to the parent(s) of participants. Parents will be asked to sign discipline reports to indicate they have been advised about specific problems or incidents. E. A sufficient number and/or severe nature of discipline reports as detailed in the Program Manual may result in a participant being suspended from the Program. F. In instances where there is a danger to participants or staff, offending participants will be removed from the Program site as soon as possible. 7 Programming A. Program employees will attempt to provide activities for each group according to the participants' ages, interests, and abilities. The activities must be appropriate to participants' health, safety, and well being. The activities also must be flexible and promote the participants' emotional, social, and mental growth. B. Program employees will attempt to provide indoor and outdoor time periods that include: (1) Alternating active and passive activities; (2) Opportunity for individual and group activities, and (3) Outdoor time each day weather permits. Communication A. The Program site will have a mobile phone to allow the site to be contacted by Parks & Recreation personnel or for making emergency calls. B. The Site Director will post the following telephone numbers adjacent to a mobile phone accessible to all Program employees at the site: (1) Coppell Ambulance or Emergency Medical Services; (2) Coppell Police Department; (3) Coppell Fire Department; (4) Coppell Independent School District campuses; (5) Numbers at which parents may be reached; (6) The telephone number for the site itself. Transportation A. Before a participant may be transported to and from city sponsored activities, a transportation form, completed by the parent of the participant, must be filed with the Site Director. B. First Aid supplies and a First Aid and emergency care guide will be available in all Program vehicles that transport children. C. All Program vehicles used for transporting participants must have available a 6- BC portable fire extinguisher which will be installed in the passenger compartment of the vehicle and must be accessible to the adult occupants. 8 FACILITY STANDARDS Safety A. Program employees will inspect the Program site daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A daily inspection report will be completed by Program employees and kept on file by the Site Director. B. Buildings, grounds, and equipment on the Program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. C. Program equipment and supplies must be safe for the participants' use. D. Program employees must have First Aid supplies readily available at each site, during transportation to an off-site activity, and for the duration of any off-site activity. E. Program air conditioners, electric fans, and heaters must be mounted out of participants' reach or have safeguards that keep participants from being injured. F. Program porches and platforms more than 30 inches above the ground must be equipped with railing participants can reach. G. All swing seats at the Program site must be constructed of durable, lightweight, relatively pliable material. H. Program employees must have First Aid supplies readily available to staff in a designated location. Program employees must have an immediately accessible guide to First Aid and emergency care. I. Restrooms will be inspected on a frequent basis to insure that no undesirable activity is occurring. Manual logs will be included with inspection reports indicated above to show that staff checks restrooms. Fire A. In case of fire, danger of fire, explosion, or other emergency, Program employees' first priority is to evacuate the participants to a designated safe area. B. The Program site will have an annual fire inspection by the local Fire Marshall, and the resulting report will detail any safety concerns observed. The report will be forwarded to the Director of Parks & Recreation who will review and establish deadlines and criteria for compliance. Information from this report will be included in the Director of Parks & Recreation annual report to the Council. C. The Program site must have at least one fire extinguisher approved by the Fire Marshall readily available to all Program employees. The fire extinguisher is to be inspected monthly by the Site Director, and a monthly report will be forwarded to the Recreation Manager who will keep the report on file for a minimum of two years. All Program employees will be trained in the proper use of fire extinguisher. 9 D. Fire drills will be initiated at Program sites based on the following schedule: (1) Summer Recreation Program: A fire drill twice during the session. Health A. Illness or Injury (1) A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the Program. (2) Illnesses and injuries will be handled in a manner to protect the health of all participants and employees. (3) Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the Program manual. (4) Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. B. Program employees will administer medication only if: (1) Parent(s) complete and sign a medication form that provides authorization for staff to dispense medication with details as to time and dosages. The form will include a hold harmless clause to protect the City. (2) Prescription medications are in the original containers labeled with the child's name, a date, directions, and the physician's name. Program employees will administer the medication only as stated on the label. Program employees will not administer medication after the expiration date. (3) Nonprescription medications are to be labeled with the child's name and the date the medication was brought to the Program. Nonprescription medication must be in the original container. Program employees will administer it only according to label direction. (4) Medication dispensed will be limited to routine oral ingestion not requiring special knowledge or skills on the part of Program employees. The Program employees will administer no injections. (5) Program employees must ensure medications are inaccessible to participants or, if it is necessary to keep medications in the refrigerator (when available), medications will be kept separate from food. C. Toilet Facilities (1) The Program site will have inside toilets located and equipped so children can use them independently and Program staff can supervise as needed. 10 (2) There must be one flush toilet for every 15 females and 15 males. Urinals may be counted in the ratio of toilets for males, but they must not exceed 70% of the total number of toilets. (3) An appropriate and adequate number of lavatories will be provided. (4) Hand cleanser is required at all times. D. Sanitation (1) The Program facilities must have adequate light, ventilation, and heat. (2) The Program must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and ensure that it will be supplied to the participants in a safe and sanitary manner. (3) Program employees must see that garbage is removed from buildings daily. E. Water Safety (1) An adult waterfront director shall be in charge of all waterfront activities. While waterfront activities are in progress, the waterfront director or an adult certified lifeguard assistant shall be in the immediate vicinity of the campers, supervising the program. (2) All campers’ swimming ability will be tested on their first fieldtrip to the pool. Children shall then be confined to the limits of swimming skills for which they have been classified. 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 April 14, 2009 9/F ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-217R-C, Doggie’s Wonderland, a zoning change 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 and authorizing the Mayor to sign. On February 19, 2009, the Planning Commission unanimously recommended approval of this zoning change (7-0). Commissioners Jett, Shute, Frnka, Haas, Sangerhausen, Kittrell and Shipley voted in favor, none opposed. On March 10, 2009, Council unanimously approved this zoning change (6-0). Staff recommends APPROVAL. @PD-217R-C, DW ORD, 1-AR (con) TM 36069.2.000 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM C (COMMERCIAL) 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 AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE PLAN AND LANDSCAPE PLAN WITH ELEVATIONS OF SCREENING WALLS, 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-217R-C should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from C (Commercial) 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 out-of-doors pet 2 TM 36069.2.000 care exercise area on 1.01 acres of property located at 120 E. Bethel School Road, and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. This Planned Development shall be developed and used only in accordance with the Site Plan and Landscape Plan with Elevations of the Screening Walls, and the development standards as follows: (A) The Planned Development shall comply with the use regulations set forth in Zoning Ordinance Number 95100-A-461, except as amended herein. (B) In lieu of the required 10-foot wide landscape buffer area, a 10-foot wide off- site landscape easement shall be permitted along the northwest property line. (C) The animals shall be only allowed in the out-of-doors pet care exercise area, Monday – Friday from 7:30 a.m. to 8:30 p.m. and Saturday – Sunday from 9:00 a.m. to 8:30 p.m. SECTION 3. The property shall be developed and used in accordance with the C (Commercial) development standards under the Coppell Zoning Ordinance, except as amended in the special conditions as indicated on the Site Plan, Landscape Plan with Elevations of Screening Walls 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. 3 TM 36069.2.000 SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2009. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ APPROVED AS TO FORM: LIBBY BALL, CITY SECRETARY _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 4/7/09) 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: PLANNING April 14, 2009 9/G ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-221R6-HC, Duke Lesley Addition, a zoning change 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 and authorizing the Mayor to sign. On February 19, 2009, the Planning Commission unanimously recommended approval of this zoning change (7-0). Commissioners Jett, Shute, Frnka, Haas, Sangerhausen, Kittrell and Shipley voted in favor, none opposed. On March 10, 2009, Council unanimously approved this zoning change (6-0). Staff recommends APPROVAL. @PD-221R6-HC, DLA 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- 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, GENERATOR LOCATIONS AND COVERED PARKING 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 AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE OVERALL SITE PLAN, DETAIL SITE PLAN, LANDSCAPE PLAN, GENERATOR ENCLOSURE ELEVATIONS AND DETAILS, FUEL TANK DETAILS AND ELEVATIONS OF PARKING CANOPY, ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, “E”, “F” AND “G”; PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-221R6-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: TM 36045.2.000 SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning 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, generator locations and covered parking 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 and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. The property shall be developed and used in accordance with the HC (Highway Commercial) development regulations and standards under the Coppell Zoning Ordinance, except as amended in the development regulations hereinbefore set forth and as provided on the Overall Site Plan, Detail Site Plan, Landscape Plan, Generator Enclosure Elevations and Details, Fuel Tank Details and Elevations of Parking Canopy, attached hereto as Exhibits “B”, “C”, “D”, “E”, “F” and “G”; which is made a part hereof for all purposes, which are hereby approved. SECTION 3. This Planned Development shall be developed and used only in accordance with the regulations and development standards as follows: A) Except as amended herein and as provided in Section 3 of this Ordinance, the property shall be developed in accordance with Ordinances 91500-A- TM 36045.2.000 453, 91500-A-476 and 91500-A-491 which is incorporated herein as set forth in full and hereby republished. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars TM 36045.2.000 ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2009. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 04/03/09) NOT FOR CONSTRUCTIONSITE DATA INFORMATIONMAPSCO 11A-NDALLAS COUNTYPOINT WEST I EXPANSION DETAIL SITE PLAN Pacheco Koch Consulting Engineers PROPOSED PARKING CANOPY FOR AHMSI CONCEPTUAL DESIGN COPPELL, TEXAS © 2009 STAFFELBACH All rights reserved This document is the product and exclusive property STAFFELBACH. Neither the document nor the information it contains may be copied, disclosed to others or used in connection with any work or project other than the specific project for which they have been prepared and developed without the written consent of STAFFELBACH. TUBULAR STEEL FRAMING Color: RGB 237, 228, 178 STONE : ST-1 CORONADO, ENGLISH RUBBLE 165 (BUILDING STANDARD) 9’-1 8’ 6” 9’ ½” 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 April 14, 2009 10 ✔ 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 March 3, 2009, requesting that consideration for this zoning change request be postponed to the April 14, 2009 Council meeting. 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. 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. @01 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 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 April 14, 2009 11 ✔ PUBLIC HEARING Consider approval of Case No. PD-240-HC, North Gateway Center, zoning change request from HC (Highway Commercial) to PD-240-HC (Planned Development-240-Highway Commercial), to establish a Concept Plan for a nine-lot commercial development on 12.362 acres of property located at the northwest corner of S.H. 121 and Denton Tap Road. The following P&Z conditions remain outstanding: Site Plan: 1. Development is responsible for the 4th leg of the traffic signal at the intersection of Highland Drive and Denton Tap. The driveway may need to be shifted depending on the location of the existing traffic signal. 2. Revise last note within the PD conditions table to state that the only exception to the landscape section of the Zoning Ordinance relates to slight modifications to the perimeter landscaping along the interior property lines and all other categories of landscaping shall be adhered to. 3. Staff will determine if a decel lane is warranted for the driveway at Highland Drive. Tree Survey: 1. Revise note at bottom of tree survey to state that, "Phase one development will not require any existing trees to be removed. Tree mitigation will be addressed during future phases that require tree removal." On March 19, 2009, the Planning Commission unanimously recommended approval of this zoning change (5-0) subject to the above stated conditions. Commissioners Shute, Frnka, Haas, Kittrell and Shipley voted in favor, none opposed. Commissioner Sangerhausen abstained due to conflict of interest. Staff recommends APPROVAL. @02 PD-240-HC, NGC, 1-AR ITEM # 4 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-240-HC, North Gateway Center P&Z HEARING DATE: March 19, 2009 C.C. HEARING DATE: April 14, 2009 STAFF REP.: Matt S. Steer, City Planner LOCATION: NWC of S.H. 121 and Denton Tap Road SIZE OF AREA: 12.36 acres of property CURRENT ZONING: HC (Highway Commercial) REQUEST: A zoning change to PD-240-HC (Planned Development-240- Highway Commercial), to establish a Concept Plan for a nine-lot commercial development. APPLICANT: Owner: Engineer: Architect: Tom Wouters Don Harrelson Lisa Swift Realty Capital Baird Hampton Brown GSO Architects 99 Main St. #200 4550 SH 360 #180 5310 Harvest Hill Rd. #146 Colleyville, TX 76034 Grapevine, TX 76051 Dallas, TX 75230 (817) 488-4200 (817) 251-8550 (972) 385-3462 FAX: (817) 424-2448 FAX: (817) 251-8810 FAX: (972) 385-3462 HISTORY: A site plan for a three-story, 68,350-square-foot medical office was approved in January 2007, on a portion (6.67 acres) of this property and has since expired. The land remains vacant. TRANSPORTATION: Denton Tap Road is a P6D divided major arterial built to standard in a 150-foot right-of-way. State Highway 121 has recently been completed as a 140-foot, six-lane divided tollway facility within a 450-foot right-of-way. ITEM # 4 Page 2 of 4 SURROUNDING LAND USE & ZONING: North - residential; PD-134R-SF7 (Planned Development-134 Revised- Single Family-7) South - vacant; PD-133–HC (Planned Development 133– Highway Commercial) East - vacant; HC (Highway Commercial) West - vacant; HC (Highway Commercial) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for freeway commercial uses. DISCUSSION: This is a request for a zoning change from HC to PD-240-HC (Planned Development-240-Highway Commercial), to establish a Concept Plan for a nine-lot commercial development on 12.36 acres of property located on the northwest corner of Denton Tap and S.H. 121. The purpose of this request is to allow an overall conceptual plan defining circulation patterns, fire lanes, architectural compatibility, parking, green space, screening and monument signage. Two requested exceptions to the standard HC requirements are more than 50% of the required parking be allowed in the front yard and less than the required ten-foot perimeter landscaping be provided on interior property lines. It is noted on the plans that the approval of this Conceptual Planned Development does not constitute approval of the specific uses shown nor does it constitute approval of each individual site plan. A Final Plat and a Detail Planned Development will be required for each site prior to obtaining a permit. There are several shared drives proposed. Two of the drives have ingress/egress points on Denton Tap and one on S.H. 121. The property to the west has been provided future access to Denton Tap and S.H. 121 through a mutual access/fire lane easement. Mutual access/fire lane easements have been provided in various places throughout the site, but all shared drives should have a mutual access easement even if a fire lane easement is not required. This is included as a condition of approval. The building materials and colors within the entire 12-acre site will be consistent. The conceptual elevations are attached. These show a reddish-brown brick with beige stone as a secondary material. The roof material is proposed to be standing seam. Dark blue fabric awnings ITEM # 4 Page 3 of 4 are proposed to be utilized above storefronts and metal canopies are proposed above the major entries. The parking calculations are included in the site data table. These indicate there will be adequate parking on each site with a surplus on several sites. A large amount of green space is provided on Lot 3 and a portion of Lot 2 where an existing drainage channel exists. A large swath of trees is proposed to be preserved in this area. A Property Owner’s Association will be required to maintain this landscape area, landscaping for the entire tract, and a six-foot screening wall adjacent to the residential subdivision. This is noted as a condition of approval. Shared monument signs are proposed; therefore, an exception to the maximum size allowed is requested. Typically, a site under two acres has a monument sign of 40 square-feet. There are four signs proposed: two 60-square- foot multitenant signs on Denton Tap (one at each drive), one 60-square-foot multitenant sign on S.H. 121 (at the sole ingress/egress point from S.H. 121) and one 90-square-foot curved development sign at the corner. This will read “North Gateway Center” and will have an aluminum panel for the Rosa’s Café. The location of these signs is required to be at least 75 feet from the interior property lines. Because these are shared signs located very close to the property line, an exception to this requirement is recommended. This will need to be included as a PD Condition. The applicant is requesting an exception to the perimeter landscaping requirement along internal lot lines. Staff feels comfortable in granting this exception due to: it being typical in a development of this size; the applicant is providing a large area of green space to preserve the existing trees; and the amount being requested is minuscule on the majority of the lots and is interior to the overall site rather than abutting S.H. 121 and Denton Tap. Greater than 50% of the required parking is proposed within the front yard on the majority of the lots. This necessitates an exception to the HC District requirements. Staff is again agreeable to this request, as the proposal is not exorbitant and meets the general intent of the ordinance to keep an excessive amount of paving from being located in the front yard and visible from Denton Tap or S.H. 121. Extensive perimeter landscaping on Denton Tap and S.H. 121 reduces the appearance of the front yard parking. ITEM # 4 Page 4 of 4 Staff is recommending approval, and has only technical revisions needed to the Site Plan, Tree Survey and Elevation Sheets as outlined below. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following conditions: Site Plan: 1. Ensure all comments related to the Preliminary Plat are reflected within this Conceptual PD. 2. Development is responsible for the 4th leg of the traffic signal at the intersection of Highland Drive and Denton Tap. The driveway may need to be shifted depending on the location of the existing traffic signal. 3. Where a shared drive exists, indicate as a mutual access easement. 4. Reword PD Conditions table where uses are indicated for Lot 1. State that office use is permissible for the rear building and all uses allowed by the HC District are permissible for the front building. Indicate that the uses allowed on Lot 9 are professional/medical office and personal services. Include the monument sign location exception (less than 75 feet from interior property line) within the table. 5. Move note referring to architectural compatibility from general note list to PD Conditions table, and spell check all notes. 6. Better delineate paved areas on Lot 3. 7. Include the required and provided areas (square footages) for each category of landscaping. Ensure none of the three landscaping categories are counted more than once. 8. Remove Perimeter Area calculations table from right side of plan. Tree Survey: 1. A tree removal permit is required prior to the start of construction. 2. Note within the chart provided on the tree survey, each tree to remain and each to be removed. 3. Tree #1429 is not depicted on plan. Please show or remove from chart. Elevations/Signage: 1. Revise verbiage on subdivision sign to reflect “North Gateway Center”. 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. Conceptual Plan 2. Tree Survey 3. Conceptual Elevations/Sign 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 April 14, 2009 12 ✔ PRESENTATION Consider approval of the North Gateway Center Preliminary Plat, a request for approval of a preliminary plat for a nine-lot commercial development on 12.362 acres of property located at the northwest corner of S.H. 121 and Denton Tap Road. The following P&Z conditions remain outstanding: 1. Correct location of City limit line in vicinity map. 2. Provide a copy of the property owner's agreement required for maintenance of six-foot wall, landscaping of overall tract, drainage, pavement and water. 3. Note on plat that this development is responsible for the fourth leg of the traffic signal at the intersection of Highland Drive and Denton Tap. 4. Drainage into TXDOT's system should be coordinated with them and a copy of the approval should be provided to the City of Coppell. 5. Provide a copy of the approval of TXDOT for the driveway/decel lane. 6. Overhead utilities along the west side of Denton Tap Road shall be buried in agreement with Texas New Mexico. 7. Staff will determine if a decel lane is warranted for the driveway at Highland Drive. On March 19, 2009, the Planning Commission unanimously recommended approval of this preliminary plat (5-0) subject to the above stated conditions. Commissioners Shute, Frnka, Haas, Kittrell and Shipley voted in favor, none opposed. Commissioner Sangerhausen abstained due to conflict of interest. Staff recommends APPROVAL. @03 NGC, PP 1-AR ITEM # 5 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT North Gateway Center Preliminary Plat P&Z HEARING DATE: March 19, 2009 C.C. HEARING DATE: April 14, 2009 STAFF REP.: Matt S. Steer, City Planner LOCATION: NWC of S.H. 121 and Denton Tap Road SIZE OF AREA: 12.362 acres of property CURRENT ZONING: HC (Highway Commercial) REQUEST: A request for approval of a preliminary plat for a nine-lot commercial development on 12.362 acres of property located at the northwest corner of S.H. 121 and Denton Tap Road. APPLICANT: Owner: Engineer: Surveyor: Tom Wouters Don Harrelson Andrew Stevens Realty Capital Baird Hampton Brown Stevens Land Surveying 99 Main St. #200 4550 SH 360 #180 7300-B Weatherford Hwy Colleyville, TX 76034 Grapevine, TX 76051 Fort Worth, TX 76116 (817) 488-4200 (817) 251-8550 (817) 696-9775 FAX: (817) 424-2448 FAX: (817) 251-8810 FAX: (817) 696-9780 HISTORY: A site plan for a three-story, 68,350-square-foot medical office was approved in January 2007, on a portion (6.67 acres) of this property and has since expired. The land remains vacant. ITEM # 5 Page 2 of 3 TRANSPORTATION: Denton Tap Road is a P6D divided major arterial built to standard in a 150-foot right-of-way. State Highway 121 has recently been completed as a 140-foot, six-lane divided tollway facility within a 450-foot right-of-way. SURROUNDING LAND USE & ZONING: North - residential; PD-134R-SF7 (Planned Development-134 Revised- Single Family-7) South - vacant; PD-133–HC (Planned Development 133–Highway Commercial) East - vacant; HC (Highway Commercial) West - vacant; HC (Highway Commercial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for freeway commercial uses. DISCUSSION: This is the companion request for the nine-lot commercial conceptual PD-240-HC. This plat provides for the general depiction of property lines with the general location of proposed easements. There are two lots being final platted concurrent with this request; therefore, the inconsistencies should be rectified on each plan incorporated after all the revisions have been made regarding the fire lane, drainage and utilities. This two-page plat should be combined and presented on one sheet, as the site plan was depicted on one sheet with the same scale (1:50). RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following conditions: 1. Rectify inconsistencies between the preliminary plat, final plat, and each site plan. 2. Consolidate plat to one sheet as was done on the conceptual site plan. 3. Correct location of City limit line in vicinity map. 4. Clarify the resolution of the notes, line types and labels. 5. A property owner's agreement is required for maintenance of six-foot wall, landscaping of overall tract, drainage and pavement. 6. Development is responsible for the 4th leg of the traffic signal at the intersection of Highland Drive and Denton Tap. The driveway may need to be shifted depending on the location of the existing traffic signal. 7. Show the intersection with Highland Dr. along with the medians in Denton Tap and label width of R.O.W. for Denton Tap and S.H. 121. 8. Grading and drainage plans will be further evaluated during the engineering plan review. Drainage into TXDOT's system should be coordinated with them and a copy of the approval should be provided to the City of Coppell. ITEM # 5 Page 3 of 3 9. Provide a copy of the approval of TXDOT for the driveway/decel lane. 10. Overhead utilities along the west side of Denton Tap Rd. shall be buried in agreement with Texas New Mexico. 11. The sanitary sewer services should tie into the proposed sanitary sewer along S.H. 121 and not Lewisville's 27-inch sewer. 12. Fire lanes shall encircle each entire building located Lots 9 and 5 and label fire lanes between lots 1-5 clearly on plat. 13. A maximum distance of 150-feet is permitted for dead-end fire lines. 14. Label the drainage easement as private and put a note on the plat, "The private drainage easement to be maintained by property owners." 15. The 15-foot sanitary sewer easement on Lot 8 should be removed. Label the 20- foot sanitary sewer easement that runs through Lot 8 and adjacent to Coppell Greens. 16. Remove the 20-foot x 50-foot water easement on Lot 9. 17. The lots that will have a fire sprinkler are required to have a 20-foot X 20-foot easement for the vault. These will need to be included in the final plats. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Preliminary Plat WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING April 14, 2009 13 ✔ PUBLIC HEARING Consider approval of Case No. PD-240R-HC, North Gateway Center, Lot 5, Block A (Rosa’s Café), zoning change request from PD-240-HC (Planned Development-240-Highway Commercial) to PD-240R-HC (Planned Development-240 Revised-Highway Commercial), to attach a Detail Site Plan to allow the development of a 6,468-square-foot restaurant with a drive-thru on 2.067 acres of property located at the northwest corner of S.H. 121 and Denton Tap Road. The following P&Z conditions remain outstanding: 1. Include North Gateway Center, Lot 5, Block A (Rosa’s Café) in all title blocks of each sheet. 2. Reword Note “D” on PD conditions table to reflect this detail plan. 3. Change abutting north property conceptual plan to reflect what is depicted in the most current Conceptual PD. 4. Revise material of monument control sign to reflect aluminum in place of the plastic shown. On March 19, 2009, the Planning Commission unanimously recommended approval of this zoning change (5-0) subject to the above stated conditions. Commissioners Shute, Frnka, Haas, Kittrell and Shipley voted in favor, none opposed. Commissioner Sangerhausen abstained due to conflict of interest. Staff recommends APPROVAL. @04 PD-240R-HC, NGC, L5, BA 1-AR ITEM # 6 Page 1 of 5 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-240R-HC, North Gateway Center (Rosa’s Café) Lot 5, Block A P&Z HEARING DATE: March 19, 2009 C.C. HEARING DATE: April 14, 2009 STAFF REP.: Matt S. Steer, City Planner LOCATION: NWC of S.H. 121 and Denton Tap Road SIZE OF AREA: 2.07 acres of property CURRENT ZONING: HC (Highway Commercial) REQUEST: A zoning change to PD-240R-HC (Planned Development-240 Revised-Highway Commercial), to attach a Detail Site Plan to allow the development of a 6,468-square-foot restaurant with a drive-thru. APPLICANT: Owner: Representative: Engineer: Tom Wouters Don Harrelson John Measels Realty Capital Baird Hampton Brown Greenberg Farrow 99 Main St. #200 4550 S.H. 360 #180 2611 Internet Blvd, #125 Colleyville, TX 76034 Grapevine, TX 76051 Frisco, TX 75034 (817) 488-4200 (817) 251-8550 (214) 975-3200 FAX: (817) 424-2448 FAX: (817) 251-8810 FAX: (214) 975-3198 Architect: Ken Taft Bobby Cox Companies, Inc. 4055 International Plaza, #400 Fort Worth, TX 76109 (817) 377-6200 FAX: (817) 377-6298 ITEM # 6 Page 2 of 5 HISTORY: A site plan for a three-story, 68,350-square-foot medical office was approved January 2007, on a portion (6.67 acres) of this property and has since expired. The property remains vacant. TRANSPORTATION: Denton Tap Road is a P6D divided major arterial built to standard in a 150-foot right-of-way. State Highway 121 has recently been completed as a 140-foot six-lane divided tollway facility within a 450-foot right-of-way. SURROUNDING LAND USE & ZONING: North - vacant; HC (Highway Commercial) South – Viewpoint Bank; PD-133R3–HC (Planned Development 133 Revised 3–Highway Commercial) East – Coppell Market Street Center; PD-228-HC (Planned Development- 228-Highway Commercial) West - vacant; HC (Highway Commercial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for freeway commercial uses. DISCUSSION: This is a request for a zoning change to PD-240R-HC (Planned Development-240 Revised-Highway Commercial), to attach a Detail Site Plan to allow the development of a 6,468-square-foot Rosa’s Café restaurant with drive-thru service. The overall Site Plan, Landscape Plan and Elevations look good and staff is recommending approval; however, there are still some minor concerns related to the fire lanes and the interior landscaping provided. This property is located at one of the gateways to the city and special attention has been given to the site layout, overall landscaping and elevations. The applicant has worked with staff to position the building on the site in a way that gives the maximum amount of landscaping in the front yard, most visible from Denton Tap and S.H. 121. The applicant should be commended for modifying the prototypical pink-stucco design to better fit in with the architectural style of the area. The materials proposed match those that will be used on the entire 12-acre tract. The two differences are the dark green standing seam roof and dark green awnings (grey and dark blue are proposed for the remainder of the 12-acre site). The brick and stone will be the same colors, reddish-brown and beige, respectively. ITEM # 6 Page 3 of 5 A fire lane/mutual access easement is depicted on the north and west drive aisles. This will need to extend along the east and south sides to completely encircle the building and has been noted as a condition of approval. An off-site mutual access and fire lane easement, providing access to and from S.H. 121 is proposed and will be required to be recorded by separate instrument at time of final plat recordation. A deceleration lane is shown at this entry point and approval from TxDOT is required. A drive-thru is proposed with the entrance on the northeast side of the building, the menu board on the west and pick-up window on the south side of the building. There is an 11-foot escape lane proposed on the northeast side. The drive-thru will be screened with evergreen landscaping on the west and south sides. The number of parking spaces required for a 6,468-square-foot restaurant (1 space per 100 square feet) is 65. They are providing 108 spaces, well exceeding the required. The parking area will be effectively screened with the use of Indian Hawthorne, Abelia, and Carissa Holly. A sidewalk is proposed along both Denton Tap and S.H. 121. A sidewalk easement is proposed along the southern property line adjacent to the S.H. 121 side to keep the sidewalk some distance off the highway. Three additional trees are needed due to an error in perimeter calculations. Also, the trees along Denton Tap should be changed to reflect Cedar Elms as the dominant street tree planted in groupings with Red Buds, Sweet Gums and Wild Plums, as Denton Tap is designated as a primary image zone within the Streetscape Section of the Subdivision Ordinance. The landscape island on the southwest corner of the parking lot should be increased in size. This will replace one parking space, but is warranted, as this will fulfill both the perimeter and interior landscaping requirements. The attached signage proposal complies with the sign section of the Zoning Ordinance. This calls for one square foot of sign per lineal foot of frontage; therefore, with approximately 60 linear- feet frontage on the S.H. 121 side and approximately 100 square feet on the Denton Tap side, a total of 160 square-feet would be permitted. Three 52 square-foot signs are proposed- one on the east, one on the north and one on the south elevation. Each sign will have white internally illuminated channel letters and a rose as the “logo” accounting for less than the permissible 20% of the sign. ITEM # 6 Page 4 of 5 A development monument sign is proposed at the southeast corner of this lot. This is a curved sign indicating the subdivision name and Rosa’s Café. Normally, a maximum of 60 square feet is permitted for a lot this size. In this case, 90 square feet is requested. Staff is comfortable granting an exception to size, as mentioned in the Conceptual PD, because in total there are fewer signs than would normally be permitted on the entire 12- acre development. A drive-thru, or movement control sign, is permitted; however, it cannot contain any message other than “Drive-Thu” with an arrow. There are several outstanding conditions due to there being several moving parts to this case. Revisions to one of the six plans being reviewed concurrently will most likely affect one or more of the other plans. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following conditions: General: 1. Include North Gateway Center, Lot 5, Block A (Rosa’s Café) in all title blocks of each sheet. 2. Ensure all comments related to the Final Plat are reflected within this Detail PD. Site Plan: 1. Clearly label all fire lane/mutual access easements. 2. Include city and county limit lines on the vicinity map. 3. Reword Note “D” on PD conditions table to reflect this detail plan. 4. Change abutting north property conceptual plan to reflect what is depicted in the most current Conceptual PD. Landscape Plan: 1. Add three additional overstory trees, due to miscalculation of perimeter trees (25 required and 21 provided is correct) and miscalculation of nonvehicular trees (5 required and 6 provided is correct). Revise perimeter landscape area calculations to read 13,370 sq. ft. required. The nonvehicular open space calculations should be revised to reflect 15% of the (lot size - building footprint) = 12,535 square feet, not the 13,566 square feet shown. 2. The landscape island on the southwest corner of the parking lot should be increased in size to fulfill perimeter and interior landscaping requirements. 3. Trees along Denton Tap should be changed to reflect Cedar Elms as the dominant street tree planted in groupings with Red Buds, Sweet Gums and Wild Plums, as outlined within the Streetscape Section of the Subdivision Ordinance. Elevations/Signage: 1. On black and white elevations, label all colors (i.e. reddish-brown brick, beige stone, dark green fabric awnings, etc…) and note under the trash enclosure that the gate will remain closed at all times except for when in use. 2. Include the monument sign detail for the one proposed on the southeast corner of this lot on the elevation sheet. ITEM # 6 Page 5 of 5 3. Submit a revised movement control sign indicating only “drive-thru” with arrow. 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. Detail Site Plan 2. Detail Landscape Plan 3. Detail Elevations 4. Sign Package THIS DESIGN REMAINS OUR EXCLUSIVE PROPERTY and CANNOT BE DUPLICATED WITHOUT WRITTEN CONSENT Created for the approval of : Address : Date :Drawn by : Revised :Scale Salesman : Drawing number:1802 Hickory, Fort Worth, TX. 76117 (817) 838-0213 Toll Free (866) 643-3582 Fax: (817) 665-0167 NC SJ 02-24-09ROSA CAFE HWY 121 & DENTON TAP RD COPPELL, TX DEVELOPMENT MONUMENT SIGN NORTH GATEWAY PLAZA, LOTS 1-9, BLOCK A WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING April 14, 2009 14 ✔ PRESENTATION Consider approval of the North Gateway Center, Lot 5, Block A, (Rosa’s Café), Final Plat, to establish various utility and fire lane easements to allow the development of a 6,468-square-foot restaurant with a drive-thru on 2.067 acres of property located at the northwest corner of S.H. 121 and Denton Tap Road. The following P&Z conditions remain outstanding: 1. Record the off-site mutual access and fire lane easement by separate instrument at time of final plat recordation. 2. Include specific widths, bearings, distances and labels for each easement being dedicated by this plat. 3. Correct vicinity map to show City limit line in the appropriate location. 4. Include notary signature block after the Surveyor’s signature block. 5. Provide a property owner's agreement for maintenance of drainage, water, pavement and landscaping. 6. Provide a copy of the approval from TXDOT for the driveway/decel lane. 7. Define or remove dashed line within the ten-foot sanitary sewer easement abutting Denton Tap. 8. All off-site easements shall be recorded by separate instrument. On March 19, 2009, the Planning Commission unanimously recommended approval of this final plat (5-0) subject to the above stated conditions. Commissioners Shute, Frnka, Haas, Kittrell and Shipley voted in favor, none opposed. Commissioner Sangerhausen abstained due to conflict of interest. Staff recommends APPROVAL. @05 NGC, L5, BA, FP 1-AR ITEM # 7 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT North Gateway Center (Rozas Café) Lot 5, Block A Final Plat P&Z HEARING DATE: March 19, 2009 C.C. HEARING DATE: April 14, 2009 STAFF REP.: Matt S. Steer, City Planner LOCATION: NWC of S.H. 121 and Denton Tap Road SIZE OF AREA: 2.067 acres of property CURRENT ZONING: HC (Highway Commercial) REQUEST: A Final Plat to establish various utility and fire lane easements to allow the development of a 6,468-square-foot restaurant with a drive-thru. APPLICANT: Owner: Representative: Surveyor: Tom Wouters Don Harrelson Andrew Stevens Realty Capital Baird Hampton Brown Stevens Land Surveying 99 Main St. #200 4550 S.H. 360 #180 7300-B Weatherford Hwy Colleyville, Tx 76034 Grapevine, TX 76051 Fort Worth, TX 76116 (817) 488-4200 (817) 251-8550 (817) 696-9775 FAX: (817) 424-2448 FAX: (817) 251-8810 FAX: (817) 696-9780 Engineer: John Measels Greenberg Farrow 2611 Internet Blvd, #125 Frisco, TX 75034 (214) 975-3200 FAX: (214) 975-3198 ITEM # 7 Page 2 of 3 HISTORY: A site plan for a three-story, 68,350-square-foot medical office was approved January 2007, on a portion (6.67 acres) of this property and has since expired. The property remains vacant. TRANSPORTATION: Denton Tap Road is a P6D divided major arterial built to standard in a 150-foot right-of-way. State Highway 121 has recently been completed as a 140-foot six-lane divided tollway facility within a 450-foot right-of-way. SURROUNDING LAND USE & ZONING: North - vacant; HC (Highway Commercial) South – Viewpoint Bank; PD-133R3–HC (Planned Development 133 Revised 3–Highway Commercial) East – Coppell Market Street Center; PD-228-HC (Planned Development-228-Highway Commercial) West - vacant; HC (Highway Commercial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for freeway commercial uses. DISCUSSION: This is the companion request to PD-240R-HC, North Gateway Center (Rosa’s Café), Lot 5, Block A. The purpose of the Final Plat is to establish a legal building site and various utility, fire lane and mutual access easements. These are required to be depicted in the same locations as those depicted on the final site plan with bearings and distances shown. A property owner’s maintenance agreement with the surrounding development is required at this time. This will ensure proper maintenance of drainage, pavement and landscaping for the entire 12 acres. The off-site fire lane/access easement leading to S.H. 121 will be required to be recorded at the same time as this plat. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following conditions: 1. Record the off-site mutual access and fire lane easement by separate instrument at time of final plat recordation. 2. Include revised fire lane/mutual access easement with bearings and distances. 3. Include width, bearings, distances and labels for each easement. ITEM # 7 Page 3 of 3 4. Correct vicinity map to show City limit line in the appropriate location. 5. Remove notary verbiage from under the City Secretary signature block, and include after the Surveyor’s signature block. 6. Provide a property owner's agreement for maintenance of drainage, pavement and landscaping. 7. A full set of construction plans were submitted. This is not an official review, and these plans are considered preliminary only. Plans will be reviewed more thoroughly during the engineering plan review. 8. A vault with a meter and double check for the fire line should be included in a 20-foot x 20-foot easement. 9. Show the FDC connection to the building. 10. Grading and drainage plans will be evaluated further during the engineering plan review. 11. Provide a copy of the approval from TXDOT for the driveway/decel lane. 12. The water line is a dead end of more than 150 feet; this should be looped for protection of the building. 13. The Fire Department is requiring the fire lane to be looped, which will require another fire hydrant and possibly another vault and easement. 14. The utility plan will have more comments during the engineering plan review. 15. A fire lane shall encircle the entire building. 16. A minimum of 2 fire hydrants are required due to construction type. 17. Include a note that the private drainage easement is to be maintained by the property owners. 18. Label the width of the sanitary sewer easement along Denton Tap Rd. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Final 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 April 14, 2009 15 ✔ PUBLIC HEARING Consider approval of Case No. PD-240R2-HC, North Gateway Center, Lot 9, Block A, zoning change request from PD-240-HC (Planned Development-240-Highway Commercial) to PD-240R2-HC (Planned Development-240 Revision 2-Highway Commercial), to attach a Detail Site Plan to allow the development of a 8,100-square-foot structure with professional/medical office and personal service uses, on 1.624 acres of property located at the northwest corner of S.H. 121 and Denton Tap Road. The following P&Z conditions remain outstanding: 1. Staff will determine if a decel lane is warranted for the driveway at Highland Drive. 2. Correct landscape areas within Site Data Table to reflect those shown on the landscape plan. 3. Rectify inconsistencies in the location of the screening wall between the landscape plan and site plan. Ensure no trees will be removed due to its construction. On March 19, 2009, the Planning Commission unanimously recommended approval of this zoning change (5-0) subject to the above stated conditions. Commissioners Shute, Frnka, Haas, Kittrell and Shipley voted in favor, none opposed. Commissioner Sangerhausen abstained due to conflict of interest. Staff recommends APPROVAL. @06 PD-240R2-HC, NGC, L9, BA 1-AR ITEM # 8 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-240R2-HC, North Gateway Center Lot 9, Block A P&Z HEARING DATE: March 19, 2009 C.C. HEARING DATE: April 14, 2009 STAFF REP.: Matt S. Steer, City Planner LOCATION: NWC of S.H. 121 and Denton Tap Road SIZE OF AREA: 1.624 acres of property CURRENT ZONING: HC (Highway Commercial) REQUEST: A zoning change to PD-240R2-HC (Planned Development- 240 Revision 2-Highway Commercial), to attach a Detail Site Plan to allow the development of an 8,100-square-foot structure for professional/medical office and personal service uses. APPLICANT: Owner: Engineer: Architect: Tom Wouters Don Harrelson Lisa Swift Realty Capital Baird Hampton Brown GSO Architects 99 Main St. #200 4550 SH 360 #180 5310 Harvest Hill Rd. #146 Colleyville, TX 76034 Grapevine, TX 76051 Dallas, TX 75230 (817) 488-4200 (817) 251-8550 (972) 385-3462 FAX: (817) 424-2448 FAX: (817) 251-8810 FAX: (972) 385-3462 HISTORY: A site plan for a three-story, 68,350-square-foot medical office was approved January 2007, on a portion (6.67 acres) of this property and has since expired. The land remains vacant. ITEM # 8 Page 2 of 4 TRANSPORTATION: Denton Tap Road is a P6D divided major arterial built to standard in a 150-foot right-of-way. State Highway 121 has recently been completed as a 140-foot, six-lane divided tollway facility within a 450-foot right-of-way. SURROUNDING LAND USE & ZONING: North - residential; PD-134R-SF7 (Planned Development-134 Revised- Single Family-7) South - vacant; HC (Highway Commercial) East – Coppell Market Street Center; PD-228-HC (Planned Development-228-Highway Commercial) West - residential; PD-134R-SF7 (Planned Development-134 Revised- Single Family-7) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for freeway commercial uses. DISCUSSION: This is a request for a zoning change to PD-240R2-HC (Planned Development-240 Revision 2-Highway Commercial), to attach a Detail Site Plan to allow the development of an 8,100-square-foot structure for professional/medical office and personal service uses. This is Lot 9, Block A, the northernmost lot of the entire 12-acre proposal. This site has been well thought out with a large buffer yard on the north and west sides between the parking area and the Coppell Greens Subdivision. The applicant is not proposing to remove any of the existing major trees, maintaining the natural buffer currently in place. As mentioned in the Conceptual PD, the fourth leg of the Highland Drive traffic signal will need to be installed at the southern drive. This provides the entire 12-acre development a major ingress/egress point. A mutual access and fire lane easement will need to be shown at this location. The fire lane easement is required to encircle the building, and is noted as a condition of approval. The number of parking spaces required for a structure with 50% professional office and 50% medical office is 38. They are providing 45 parking spaces, exceeding the required. The personal service use (nail salon, hair salon, etc.) component is calculated at one parking space per 200- square-feet of building area; therefore, this use will not ITEM # 8 Page 3 of 4 exceed the allotted parking, as the medical office half was calculated at a ratio of one parking space per 175 square feet and the professional office has been calculated at a ratio of one space per 300 square feet. The parking area will be effectively screened from the Denton Tap right-of-way with the use of Chinese Fringe Flower. The landscape plan depicts Cedar Elms with Mexican Plums planted in groupings on Denton Tap as called for in the Streetscape Section of the Subdivision Ordinance. There is a six-foot reddish-brown brick screening wall proposed along the northern and western property lines. Currently, the wall is depicted on the Site Plan approximately ten-feet from the western property line and the same wall is shown directly on the property line on the Landscape Plan. The location of this wall should be consistent on all plans and should be constructed in a location, so as not to disturb the existing trees. The details for the proposed wall are shown on the elevation sheet. This depicts the wall segments with a ten-foot separation between the minor pilasters and a 30- foot separation between major columns. The proposed elevations match the conceptual planned development in materials and colors. The brick is proposed to be reddish-brown. A secondary beige stone material is proposed at the entries. Metal, grey canopies are proposed at the major entries with dark blue canvas awnings proposed above the remainder of the storefronts and doors. A grey standing-seam metal is proposed as the roof material. The proposed sign areas are depicted on the elevations. No specific attached signage is shown; therefore, it will need to comply with the sign section of the Zoning Ordinance. There is no proposed monument signage on-site as a multitenant sign is shown on the overall Conceptual PD on Lot 8, directly to the south. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following conditions being met: 1. Ensure all comments related to the Final Plat are reflected within this Detail PD. ITEM # 8 Page 4 of 4 2. Include a dumpster enclosure on elevation sheet. This will need to show the same brick as the main structure and include a note that states that the gate remain closed when not in use. 3. Depict all existing and proposed easements on the Site Plan and Landscape Plan. 4. Label all colors on the black and white elevations. 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. Detail Site Plan 2. Detail Landscape Plan 3. Detail Elevations HCPD-240R2-HC70,7438,10011.4%UseParking Requirements Building Use (sf)Parking RequiredGeneral Office 1/300 sf 4,050 14Medical Office 1/175 sf 4,050 243845224.4%35,48235,26149.8%4,698Provided Front Yard Non-Vehicular 9,393200%% AccessibleTotal Parking RequiredParking ProvidedSite Data Table Lot 9Existing ZoningProposed ZoningLot Area (sf)Building Area (sf)F.A.R.Parking Requirements by UseAccessible Parking RequiredAccessible Parking Provided% PerviousRequired Front Yard Non-Vehicular% RequiredPervious Area Lot CoverageImpervious Area (sf)Pervious Area (sf) 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 April 14, 2009 16 ✔ PRESENTATION Consider approval of the North Gateway Center, Lot 9, Block A, Final Plat, to establish various utility and fire lane easements to allow the development of a 8,100-square-foot structure with professional/medical office and personal service uses, on 1.624 acres of property located at the northwest corner of S.H. 121 and Denton Tap Road. The following P&Z conditions remain outstanding: 1. A property owner's agreement is required for maintenance of drainage, water, pavement, six-foot masonry wall and landscaping. 2. Grading and drainage plans will be further evaluated during the engineering plan review. 3. The FDC should be detached and within 50 feet of the fire hydrant on the same side of the fire lane outside the collapse zone. 4. Include specific widths, bearings, distances and labels for each easement being dedicated by this plat. 5. Correct vicinity map to show City limit line in the appropriate location. 6. Include notary signature block after the Surveyor’s signature block. 7. Staff will determine if a decel lane is warranted for the driveway at Highland Drive. 8. Any off-site easement shall be recorded by separate instrument. On March 19, 2009, the Planning Commission unanimously recommended approval of this final plat (5-0) subject to the above stated conditions. Commissioners Shute, Frnka, Haas, Kittrell and Shipley voted in favor, none opposed. Commissioner Sangerhausen abstained due to conflict of interest. Staff recommends APPROVAL. @07 NGC, L9, BA, FP 1-AR ITEM # 9 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT North Gateway Center Lot 9, Block A Final Plat P&Z HEARING DATE: March 19, 2009 C.C. HEARING DATE: April 14, 2009 STAFF REP.: Matt S. Steer, City Planner LOCATION: NWC of S.H. 121 and Denton Tap Road SIZE OF AREA: 1.624 acres of property CURRENT ZONING: HC (Highway Commercial) REQUEST: A Final Plat to establish various utility and fire lane easements to allow the development of an 8,100-square-foot professional and medical office. APPLICANT: Owner: Representative: Surveyor: Tom Wouters Don Harrelson Andrew Stevens Realty Capital Baird Hampton Brown Stevens Land Surveying 99 Main St. #200 4550 SH 360 #180 7300-B Weatherford Hwy Colleyville, TX 76034 Grapevine, TX 76051 Fort Worth, TX 76116 (817) 488-4200 (817) 251-8550 (817) 696-9775 FAX: (817) 424-2448 FAX: (817) 251-8810 FAX: (817) 696-9780 HISTORY: A site plan for a three-story, 68,350-square-foot medical office was approved January 2007, on a portion (6.67 acres) of this property and has since expired. ITEM # 9 Page 2 of 3 TRANSPORTATION: Denton Tap Road is a P6D divided major arterial built to standard in a 150’ right-of-way. State Highway 121 has recently been completed as a 140’ six-lane divided tollway facility within a 450’ right-of-way. SURROUNDING LAND USE & ZONING: North - residential; PD-134R-SF7 (Planned Development-134 Revised- Single Family-7) South - vacant; HC (Highway Commercial) East - Coppell Market Street Center; PD-228-HC (Planned Development-228-Highway Commercial) West - residential; PD-134R-SF7 (Planned Development-134 Revised- Single Family-7) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for freeway commercial uses. DISCUSSION: This is the companion request to PD-240R2-HC. The proposed fire lane easement should encircle the building and not dead-end. This has been listed as a condition of approval within the staff recommendation. As mentioned in the previous cases, a Property Owner’s Association is required for the maintenance of the drainage, pavement, and six-foot wall and landscaping. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following conditions being met: 1. A property owner's agreement is required for maintenance of drainage, pavement, six-foot masonry wall and landscaping. 2. Grading and drainage plans will be further evaluated during the engineering plan review. 3. Place the double check and meter in a vault in the 20’ x 20’ easement. The fire hydrant should come off of the private fire line. The detached FDC should be within 50-feet of the fire hydrant on the same side of the fire lane outside of the collapse zone. 4. Fire lane shall encircle the entire building. 5. Include width, bearings, distances and labels for each easement. 6. Correct vicinity map to show City limit line in the appropriate location. 7. Remove notary verbiage from under the City Secretary signature block, and include after the Surveyor’s signature block. ITEM # 9 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. Final 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 April 14, 2009 17 ✔ PUBLIC HEARING Consider approval of Case. No. PD-162R2-MF-2, Gunner Subdivision, Lot 1R, Block A, zoning change request from PD-162R-MF-2 (Planned Development-162-Revised–Multi-family-2) to PD-162R2-MF-2 (Planned Development-162- Revision 2–Multi-family-2), to allow the relocation of a previously approved 1,656-square-foot six-car garage and storage area on 20.965 acres of property located 1717 Belt Line Road. There are no P&Z conditions. On March 19, 2009, the Planning Commission unanimously recommended approval of this zoning change (6-0) with no conditions. Commissioners Shute, Frnka, Haas, Sangerhausen, Kittrell and Shipley voted in favor, none opposed. Staff recommends APPROVAL. @08 PD-162R2-MF,GSD,L1R,BA 1-AR ITEM # 10 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-162R2-MF-2, Gunner Subdivision Lot 1R, Block A P&Z HEARING DATE: March 19, 2009 C.C. HEARING DATE: April 14, 2009 STAFF REP.: Matt S. Steer, City Planner LOCATION: 1717 Belt Line Road SIZE OF AREA: 20.965 acres of property CURRENT ZONING: PD-162R-MF-2 (Planned Development-162-Revised–Multi-family-2) REQUEST: A zoning change to PD-162R2-MF-2 (Planned Development-162- Revision 2–Multi-family-2), to allow the relocation of a previously approved 1,656-square-foot six-bay garage and storage area. APPLICANT: Owner: Architect: Terry Chapman Ryan Lee Williams Asset Management Gary B. Coursey & Associates One Overton Park Overlook I 3625 Cumberland Blvd, Suite 430 2849 Paces Ferry Rd, Suite 220 Atlanta, GA 30339 Atlanta, GA 30339 Phone: (678) 589-7770 Phone: (678) 391-7755 Fax: (678) 589-7771 Fax: (770) 432-2773 HISTORY: A zoning change to PD-162-MF-2 was approved in September 1997, for the existing apartment complex, consisting of 600 apartment units. An amendment was approved in October 2008, allowing for conversion of a portion of the existing leasing office/amenity area into three residential units, to add garages/storage areas, and to reconfigure parking spaces. ITEM # 10 Page 2 of 2 TRANSPORTATION: East Belt Line Road is a PD6, six-lane divided major arterial thoroughfare built within a 120-foot wide right-of-way. SURROUNDING LAND USE & ZONING: North: Railroad and multifamily residential; A and MF-2 South: Grapevine Creek and single-family residential; City of Irving East: Eastern ½ of apartment complex; PD-162R-MF-2 (Planned Development - 162 Revised - Multifamily-2). West: office, landscaping center, self-storage warehouse; LI COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for high density residential land use. DISCUSSION: This is a request to again modify the PD that was amended in October 2008. The applicant is proposing to shift the previously approved six-car garage/storage area to the east, ten feet from the property line. Four new parking spaces will be added to compensate for the four lost due to the proposed construction. The structure is proposed to be 1,650 square feet, 12 feet in height and the architectural materials will match that of the complex. The applicant is proposing to add three Live Oaks where necessitated by Ordinance to fulfill the interior landscaping requirements. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-162R2-MF-2, Lot 1R, Gunner Subdivision, with no outstanding conditions. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Site Plan 2. 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 April 14, 2009 18 ✔ PUBLIC HEARING Consider approval of the Gunner Subdivision, Lot 1R, Block A, Replat, to allow the relocation of a portion of a fire lane easement resulting from the proposed relocation of a previously approved garage & storage area on 20.965 acres of property located 1717 Belt Line Road. There are no P&Z conditions. On March 19, 2009, the Planning Commission unanimously recommended approval of this replat (6-0) with no conditions. Commissioners Shute, Frnka, Haas, Sangerhausen, Kittrell and Shipley voted in favor, none opposed. Staff recommends APPROVAL. @09 GSD, L1R, BA, RP 1-AR ITEM # 11 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Gunner Subdivision, Lot 1R, Block A Replat P&Z HEARING DATE: March 19, 2009 C.C. HEARING DATE: April 14, 2009 STAFF REP.: Matt S. Steer, City Planner LOCATION: 1717 Belt Line Road SIZE OF AREA: 20.965 acres of property CURRENT ZONING: PD-162R-MF-2 (Planned Development-162-Revised–Multi-family-2) REQUEST: A replat to allow the relocation of a portion of a fire lane easement resulting from the proposed relocation of a previously approved garage & storage area. APPLICANT: Owner: Architect: Terry Chapman Ryan Lee Williams Asset Management Gary B. Coursey & Associates One Overton Park Overlook I 3625 Cumberland Blvd, Suite 430 2849 Paces Ferry Rd, Suite 220 Atlanta, GA 30339 Atlanta, GA 30339 Phone: (678) 589-7770 Phone: (678) 391-7755 Fax: (678) 589-7771 Fax: (770) 432-2773 HISTORY: A zoning change to PD-162-MF-2 was approved in September 1997, for the existing apartment complex, consisting of 600 apartment units. An amendment was approved in October 2008, allowing for conversion of a portion of the existing leasing office/amenity area into three residential units, to add garages/storage areas, and to reconfigure parking spaces. ITEM # 11 Page 2 of 2 TRANSPORTATION: East Belt Line Road is a PD6, six-lane divided major arterial thoroughfare built within a 120-foot wide right-of-way. SURROUNDING LAND USE & ZONING: North: Railroad and multifamily residential; A and MF-2 South: Grapevine Creek and single-family residential; City of Irving East: Eastern ½ of apartment complex; PD-162R-MF-2 (Planned Development - 162 Revised - Multifamily-2). West: office, landscaping center, self-storage warehouse; LI COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for high density residential land use. DISCUSSION: This is the companion request to PD-162R2-MF-2, Gunner Subdivision. The purpose of the plat is to shift an existing fire lane easement slightly to the west to accommodate a change in the proposed location of a six- car garage/storage area. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Lot 1R, Block A, Gunner Subdivision Replat with no outstanding conditions. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Replat WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING April 14, 2009 19 ✔ PUBLIC HEARING Consider approval of Case No. S-1241R-C, Fat Daddy’s Burger House, zoning change request from S-1241-C (Special Use Permit-1241-Commercial) to S-1241R-C (Special Use Permit-1241 Revised-Commercial), to allow a 560-square-foot cover over the existing outdoor patio area serving the existing 3,580-square-foot restaurant located at 215 S. Denton Tap Road, Suite 100. There are no P&Z conditions. On March 19, 2009, the Planning Commission unanimously recommended approval of this zoning change (6-0) with no conditions. Commissioners Shute, Frnka, Haas, Sangerhausen, Kittrell and Shipley voted in favor, none opposed. Staff recommends APPROVAL. @10 S-1241R-C, FDBH 1-AR ITEM #12 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1241R-C, Fat Daddy’s Burger House P&Z HEARING DATE: March 19, 2009 C.C. HEARING DATE: April 14, 2009 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: 215 S. Denton Tap Road, Suite 100 SIZE OF AREA: 3,580-square-feet CURRENT ZONING: S-1241-C (Special Use Permit-1241-Commercial) REQUEST: A zoning change to S-1241R-C (Special Use Permit-1241 Revised-Commercial), to allow a 560-square-foot cover over the existing outdoor patio area serving the existing 3,580- square-foot restaurant. APPLICANT: Wyatt Hurt Robert J. Cooper Fat Daddy’s Fat Daddy’s 261 Enclaves Court 215 S. Denton Tap #100 Coppell, Texas 75019 Coppell, Texas 75019 214-505-9141 972-462-7770 FAX: 972-393-3325 FAX: 972-462-7727 HISTORY: The subject property was originally platted as part of the 14- lot 25.65 acre DTC Business Center, which was filed on January 6, 1987. On March 26, 1991, Council approved the rezoning of the residential property to the west from C (Commercial) to PD-115-SF-7 (Wynnpage single-family subdivision). As a result of the development of the Wynnpage residential subdivision, the DTC Business Center plat was vacated on May 8, 1992. In November 2002, a Preliminary Plat for three lots, a Site Plan and a Final Plat for Lot 1, Block B, were approved. A previous proposal was approved but never filed. It consisted of a Final Plat and ITEM #12 Page 2 of 3 Replat, the combination of two of the preliminary platted lots into one, and reconfiguring the fire lane and mutual access easement of Lot 1, Block B. In November of 2005 Council approved the platting of two lots, forming one flag lot at the rear, and a replat of Lot 1, Block B, in order to reconfigure the fire lane and mutual access easement. This approval was subject to the Board of Adjustment granting the following variances to the Zoning Ordinance: deleting the perimeter landscaping requirement for Lots 1 and 2, Block B; allowing a minimum 11’-side yard setback for Lot 2, Block B; allowing a minimum 11’-front/side yard setback for Lot 1, Block B; and the provision of a cross-parking agreement between these two properties. All of these have been approved, and the buildings have been constructed. In July 2007 Council approved SUP-1241-C for 3,580-square- foot restaurant with a 940 square foot outdoor patio. TRANSPORTATION: Denton Tap Road is a P6D, six-lane divided concrete roadway built to standard in a 110-foot right-of-way. SURROUNDING LAND USE & ZONING: North –undeveloped (Arbor Manors); PD-214R-2-SF-9 (Planned Development 214-Revision-2 Single Family-9) South -office building; C (Commercial) East –CISD Administration Building and medical office; C (Commercial) West - office building; C (Commercial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for mixed-use, which includes office and retail uses. DISCUSSION: The original SUP request for this restaurant included a 940 square foot patio area for outside dinning. The operators of this restaurant now desire to cover this patio to provide shade for the diners. Because this 560 square foot patio cover is a structure, which will be located along a primary image zone, an amendment to the SUP is required. To assure that this structure would be architecturally compatible with the main structure, this application has evolved through several designs and materials. The current request is for a shade structure with dark green awning material (sunbrella) to match the existing awnings on the building, even the depth of the valance will mimic the valance on the existing awnings. This structure will be ITEM #12 Page 3 of 3 supported by 5-4” diameter black steel support posts. The four corner posts will be clad with brick to meet the 80% masonry requirement and will match the existing brick screening wall along the west side of the patio area. The existing iron fencing and landscaped will not be affected by this patio cover. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of S-1241R-C, Fat Daddy’s Burger House, with no conditions. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Site Plan 2. 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 April 14, 2009 20 ✔ PUBLIC HEARING Consider approval of the Westfork Addition, Lots 1R & 2R, Block A, Replat, being a replat of the Westfork Addition, Lots 1 through 5, including the abandoned right-of-way, containing 2.172 acres of land, to create two single-family lots each containing approximately 1.1 acres of property located on the south side of Bethel School Road across from Glencrest Circle. The following P&Z conditions remain outstanding: 1. A tree removal permit will be required prior to the removal of any trees. 2. Council approval of the Abandonment Ordinance for Doggett Cove. On March 19, 2009, the Planning Commission unanimously recommended approval of this replat (6-0) subject to the above-stated conditions. Commissioners Shute, Frnka, Haas, Sangerhausen, Kittrell and Shipley voted in favor, none opposed. Staff recommends APPROVAL. @11 WA, L1R & L2R, BA, RP 1-AR ITEM #13 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Westfork Addition, Lot 1R & 2R, Block A Replat P&Z HEARING DATE: March 19, 2009 C.C. HEARING DATE: April 14, 2009 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: South side of Bethel School Road across from Glencrest Circle SIZE OF AREA: 2.172 acres of property CURRENT ZONING: SF-12 (Single-Family 12) REQUEST: A replat of the Westfork Addition, Lots 1 through 5, including the abandoned right-of-way to create two single-family lots each containing approximately 1.1 acres. APPLICANT: Owner: Engineer: David Alexander Matthew Alexander 501 E. Bethel School Rd. Dowdey, Anderson & Associates Coppell, Texas 75019 5225 Village Creek Drive, Suite 200 972-393-1586 Plano, Texas 75093 FAX: 972-393-5508 972-931-0694 FAX: 972-931-9538 HISTORY: This 2.172 acre tract of land was platted as a five lot single family subdivision with a cul-de-sac street (Doggett Cove) in 1988. TRANSPORTATION: Bethel School Road is a two-lane collector street built within a 60’ right-of-way. ITEM #13 Page 2 of 2 SURROUNDING LAND USE & ZONING: North - Northlake Woodlands 7; (SF-12) Single Family -12 South - Carter Addition; (SF-12) Single Family -12 East - Carter Addition; (SF-12) Single Family -12 West - Carter Addition; (SF-12) Single Family -12 COMPREHENSIVE PLAN: The Comprehensive Plan designates this area as Residential Low Density. DISCUSSION: This property contains a 64 year old single family home, and accessory buildings including a 3,000 square foot barn, 1,200 square foot carport, and a pool. Over twenty years ago, this property was platted for a five-lot single family subdivision which was to be accessed via a cul-de-sac street from Bethel School Road. Currently, the owner-occupant desires to redevelop this property into two, one acre lots fronting on Bethel School Road, thus necessitating the re-platting of the property. This replat includes the abandonment of the existing utility easements, provides for the necessary right-of-way for Bethel School Road and establishes a 50’ front building line to be consistent with the abutting properties. The tree survey indicates there are 46 existing trees on this site, a majority of which are located close to the perimeter of the tract. Given that homes have yet to be designed, It is reasonable to require that the tree removal permit not be required until prior to the issuance a building permit. A companion action to this replat will be the abandonment of the 50’ right-of-way for Doggett Cove. Our city attorney has instructed staff that this abandonment needs to be accomplished through an Ordinance approved by City Council. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the Westfork Addition, Lots 1R and 2R subject to the following conditions: 1. A tree removal permit will be required prior to the removal of any trees. 2. Council approval of the Abandonment Ordinance for Doggett Cove. 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. Replat 2. 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 April 14, 2009 21 ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-239-R, Denton Creek Nursing, a zoning change 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 and authorizing the Mayor to sign. On February 19, 2009, the Planning Commission unanimously recommended approval of this zoning change (7-0). Commissioners Jett, Shute, Frnka, Haas, Sangerhausen, Kittrell and Shipley voted in favor, none opposed. On March 10, 2009, Council approved this zoning change (5-1). Staff recommends APPROVAL. @PD-239-R, DCN ORD, 1-AR 1 TM 36063.2.000 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM SF-12 (SINGLE FAMILY- 12), 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 DRIVE AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, TREE SURVEY, LANDSCAPE PLAN, FLOOR PLAN AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, “E”, AND “F” RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-239-R should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from SF-12 (Single Family-12), R 2 TM 36063.2.000 (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 Drive, and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with following development conditions as set forth herein below; 1. That prior to the issuance of a certificate of occupancy of the building, the property owner shall escrow the apportioned cost of a traffic control signal, including but not limited to, traffic signal heads, signal pole, video traffic detection, mast arms with traffic signal indicators, opticom sensor, confirmation light, relocation of pedestrian signal, as well as any required pavement markings or signs, at the intersection of the property line and Sandy Lake Road as provided by the City of Coppell Engineering Department. 2. Submission of a revised drainage plan will be required at the time of submittal of engineering plans. 3. In order to alleviate vehicular traffic congestion on Sandy Lake Road and to provide signalized emergency and other vehicle access to the site abutting to the east, a 24-foot mutual access easement located in the southeast to the east property line, as indicated on the site plan, which would access westward to Riverchase Drive, shall be dedicated as public access at the time of platting. 3 TM 36063.2.000 SECTION 3. That Site Plan, Tree Survey, Landscape Plan, Floor Plan and Elevations, Attached hereto as Exhibits “B”, “C”, “D”, “E” and “F” respectively, and made a part hereof for all purposes as special conditions, are hereby approved. SECTION 4. That the above property shall be developed and used only in the manner and for the purpose provided for by the R (Retail) District regulations, Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by 4 TM 36063.2.000 a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2009. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 4/7/09) 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: Engineering April 14, 2009 22 ✔ CONTRACT/BID or PROPOSAL Consider approval of a contract proposal for Teague, Nall & Perkins in the amount of $237,000.00 for the design of residential street improvements as provided by the 1/4 Cent Sales Tax for Streets Maintenance; and authorizing the City Manager to sign and execute necessary documents. Approval of the design contract will allow the Engineering Department to use sales tax revenue funds, allowed by the passage of the 1/4 cent Sales Tax for Streets Maintenance in the November 2007 election. Funds are available from the 1/4 cent sales tax for Street Maintenance for this contract. Staff recommends approval of the contract proposal. #Design Contract for Streets MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Keith R. Marvin, P.E., Project Engineer DATE: April 14, 2009 RE: Consider approval of a contract proposal for Teague, Nall & Perkins in the amount of $237,000.00 for the design of residential street improvements as provided by the ¼ Cent Sales Tax for Streets Maintenance; and authorizing the City Manager to sign and execute necessary documents. This item represents the first of several contracts that will come before you over the next few years as a result of the approval in November 2007 of a ¼ cent sales tax for streets maintenance. City staff has spent time evaluating neighborhood infrastructure and developing a plan and budget for use of these funds. The streets listed herein represent the first two years of a four year program of infrastructure improvements, at which time the tax will need to be reauthorized in order to continue the aggressive program. This contract proposal is for surveying and design services for Heartz Road (from Sandy Lake to Westbury), Dobecka Drive, and Clear Creek Lane. These streets are shown on the attached exhibit as Tax 2009. This contract will also include survey services for Willow Springs Drive and Shadowcrest Lane. These streets are shown as Tax 2010. The design for the Tax 2010 streets will be preformed by City of Coppell staff engineers. Teague, Nall & Perkins was asked to submit this proposal based on their extensive experience in this type of work. Staff has worked with this firm on several projects over the past few years, and we are confident that they can meet our expectation on this project. Staff recommends approval of this design contract in the amount of $237,000.00 as provided by the ¼ Cent Sales Tax for Streets Maintenance. Staff will be available to answer any questions at the Council meeting. Concrete Pavement Replacement, 14 Cent Sales Tax Fund, FY 2009 and FY 2010 Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\CHATEAUS-NO PARKING Created on: 13 January 2009 by Scott Latta 1 INCH = 1 MILE 0 11/2 1 INCH = FT. 0 700 700 350 Concrete Pavement Replacement, 14 Cent Sales Tax Fund, FY 2009 and FY 2010 Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\TAX 09-10 Created on: 31March 2009 by Scott Latta AREA OF PROPOSED CONCRETE REPLACEMENT TAX-2009 AREA OF PROPOSED CONCRETE REPLACEMENT TAX-2010 REPAIR AREA LIMITS CITY OF COPPELL CONSULTING ENGINEERS CONTRACT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS § CITY OF COPPELL § THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to as "Contract," made, entered into and executed this the _______day of ______________, 2009, by and between the City of Coppell acting by and through the City Manager with approval of the City Council hereinafter referred to as "City", and Teague Nall & Perkins, Inc. hereinafter referred to as "Engineer". WITNESSETH WHEREAS, the City desires to contract for Professional Engineering Services, hereinafter referred to as "Services", in connection with the Coppell Residential Street Improvements, hereinafter referred to as the "Project"; and WHEREAS, the Engineer is acceptable to the City and is willing to enter into a Contract with the City to perform the hereinafter defined Services necessary to complete the Project; and WHEREAS, said Services shall be as defined in the Attachment A “Scope of Services,” incorporated herein by attachment and by reference; and WHEREAS, this contract shall be administered on behalf of the City by its City Engineer or his duly authorized representative. The Engineer shall fully comply with any and all instructions from said City Engineer. Page 2 AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: The City agrees to retain the Engineer, and the Engineer agrees to provide Services in connection with the Project as defined herein, and for having rendered such Services the City agrees to pay to the Engineer fee for these Services as mutually agreed. All Services under this Contract shall be performed under the direct supervision of the City Engineer. 1. Scope of Services, A. Basic Services, Part I (A & B): The work tasks and activities to be performed and deliverable to be provided by the Engineer shall be in accordance with Attachment A, Scope of Services, including modifications to the Basic Services as mutually agreed to by the City and the Engineer in accordance with the provisions of this Contract. B. Additional Services, Part II (A & B): When mutually agreed to in writing by the City and the Engineer, the Additional Services shall be provided by the Engineer. These Additional Services are not included as a part of Basic Services and shall be paid for by the City in addition to payment for Basic Services. Should it be determined that one or more of the requirements of this Contract conflict with the requirements of the Scope of Services, including modifications to the Scope of Services or any attachments to this contract; the requirement of the Contract shall govern. 2. Progress Schedule. Within ten (10) days after receiving Notice to Proceed (NTP) the Engineer shall submit to the City a Schedule of Services consisting of a listing of the major Project tasks, the estimated consultant hours required to perform the tasks, the percentage of the Contract budget estimated to be allocated to each task and a bar chart schedule showing task beginning and completion dates. Significant milestones for the Project shall be identified. At a minimum, milestones shall be provided for the three design submittals described in Attachment A, Scope of Services: Conceptual Design Submittal, Preliminary Design Submittal, and Final Plans, Specifications, and Estimate (PS&E) Submittal. Based on Schedule of Services, the City shall compile Attachment D, Project Schedule which shall become a part of this Contract upon approval of the Engineer and the City. The Engineer shall provide to the City information to report and monitor the design tasks within the Project Schedule by completing a "Design Progress Report" on a form provided by the City. The Engineer shall complete and provide to the City said report at two week intervals. Page 3 3. Compensation. A. Basic Services Part I Fee: The Engineer shall be paid a fee for Basic Services Part I under this Contract pursuant to the Fee Schedule described in Attachment A, Scope of Services. Basic Services Part I Fee shall not exceed the lump sum of Two Hundred Thirty Thousand dollars ($230,000.00) provided, however, that modifications to the Basic Services Part I, or other conditions defined herein may necessitate a change of Fee which shall be reduced to writing and approved by the City or its designee. B. Additional Services Part II Fee: The Engineer should be paid a fee under this Contract for Additional Services Part II pursuant to the Fee Schedule described in Attachment A, Scope of Services. Additional Services Part II Fee shall not exceed the lump sum of Seven Thousand dollars ($ 7,000.00) provided, however, that modifications to the Additional Services Part II, or other conditions defined herein may necessitate a change of Fee which shall be reduced to writing and approved by the City or its designee. C. Total Fee: Total Fee for this Contract shall be a lump sum of Two Hundred Thirty- Seven Thousand dollars ($237,000.00): The lump sum Basic Services Part I Fee plus the lump sum Additional Services Part II Fee. D. Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar days for Basic Services Part I and/or Basic Services Part II on or before the twenty fifth (25th) calendar day of the month, or the preceding business day if the twenty fifth occurs on a weekend and/or observed holiday. Payment shall be based on the invoices submitted to the City, provided that Services completed as indicated in the Design Progress Reports approved by the City equals or exceeds the increment percentage requested on the Engineer's invoices. Engineer's invoices to City shall provide complete information and documentation to substantiate Engineer's charges and shall be in a form to be specified by the City Engineer. Should additional documentation be requested by the City Engineer, the Engineer shall comply promptly with such request. E. Payments: All payments to Engineer shall be made on the basis of the invoices submitted by the Engineer and approved by the City. Following approval of invoices, City shall endeavor to pay Engineer promptly, however, under no circumstances shall Engineer be entitled to receive interest on amounts due. The City, in compliance with Texas State law, shall process a maximum of one payment to the Engineer per month. City reserves the right to correct any error that may be discovered in any invoice whether paid to the Engineer or not, and to withhold the funds requested by the Engineer relative to the error. Page 4 4. Fee Increases. Any other provision in this Contract notwithstanding, it is specifically understood and agreed that the Engineer shall not be authorized to undertake any Services pursuant to this Contract requiring the payment of any fee, expense or reimbursement in addition to the fees stipulated in Article 3 of this Contract, without having first obtained specific written authorization from the City. The written authorization for additional Services shall be in the form of a Modification to the Scope of Services approved by the City Engineer and/or the City Council, if required. 5. Modifications to the Scope of Services. Either the Engineer or the City Engineer may initiate a written request for a Modification to the Scope of Services when in the opinion of the requesting Party, the needs and conditions of the Project warrant a modification. Upon the receipt of a request by either Party, the Engineer and the City Engineer shall review the conditions associated with the request and determine the necessity of a modification. When the Parties agree that a modification is warranted, the Engineer and the City Engineer shall negotiate the specific modification(s) and any changes in the Total Maximum Fee or Project Schedule resulting from the modification(s). Approval of a modification shall be in the form of a written Modification to the Scope of Services which clearly defines the changes to the previously approved Scope of Services, Fee and/or Project Schedule. Said written Modification shall be approved by Engineer, authorized by the City Council, if required, and issued by the City Engineer. Issuance of the approved Scope of Services modification shall constitute a notice to proceed with the Project in accordance with the modified Scope of Services. The City Engineer may issue written Modifications to the Scope of Services without prior approval of the City Council when the modifications are to be accomplished within the authorized Total Maximum Fee and do not materially or substantively alter the overall scope of the Project, the Project Schedule or the Services provided by the Engineer. 6. Project Deliverables. For each submittal identified in Attachment A, Scope of Services, the Engineer shall provide the City with one set of reproducibles, one set of bluelines or hard copy and electronic media of the submittal documents. For any required environmental assessment, the Engineer shall provide one set of draft and one set of final Environmental Reports. The Environmental Reports shall be submitted as original reproducibles and on electronic media. The electronic file may omit photographs and government prepared maps. If photographs are included in the report they shall be taken with a 35 mm camera or larger format camera. Color laser copies may be substituted for the original photographs in the final report. A transmittal letter shall be included with the Environmental Reports and shall include an executive summary outlining: a.) Findings of the Reports; b.) Conclusions; c.) Recommendations; and d.) Mitigation/remediation cost estimates. Page 5 7. Project Control. It is understood and agreed that all Services shall be performed under the administrative direction of the City Engineer. No Services shall be performed under this Contract until a written Notice to Proceed is issued to the Engineer by the City Engineer. In addition, the Engineer shall not proceed with any Services after the completion and delivery to the City of the Conceptual Design Submittal, Preliminary Design Submittal, or the Final PS&E Submittal as described in the Basic Services without written instruction from the City. The Engineer shall not be compensated for any Services performed after the said submittals and before receipt of City's written instruction to proceed. 8. Partnering. The City shall encourage participation in a partnering process that involves the City, Engineer and his or her sub-consultants, and other supporting jurisdictions and/or agencies. This partnering relationship shall begin at the Pre-Design Meeting and continue for the duration of this Contract. By engaging in partnering, the parties do not intend to create a legal partnership, to create additional contractual relationships, or to in any way alter the legal relationship which otherwise exists between the City and the Engineer. The partnering effort shall be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. The objectives of partnering are effective and efficient contract performance and completion of the Project within budget, on schedule, in accordance with the Scope of Services, and without litigation. Participation in partnering shall be totally voluntary and all participants shall have equal status. 9. Disputes. The City Engineer shall act as referee in all disputes under the terms of this Contract between the Parties hereto. In the event the City Engineer and the Engineer are unable to reach acceptable resolution of disputes concerning the Scope of Services to be performed under this Contract, the City and the Engineer shall negotiate in good faith toward resolving such disputes. The City Engineer may present unresolved disputes arising under the terms of this Contract to the City Manager or designee. The decision of the City Manager or designee shall be final and binding. An irreconcilable or unresolved dispute shall be considered a violation or breach of contract terms by the Engineer and shall be grounds for termination. Any increased cost incurred by the City arising from such termination shall be paid by the Engineer. 10. Engineer's Seal. The Engineer shall place his Texas Professional Engineers seal on all engineering documents and engineering data prepared under the supervision of the Engineer in the performance of this Contract. 11. Liability. Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, subcontractors, agents and consultants for the accuracy and competency of their designs, working drawings, tracings, magnetic media and/or computer disks, estimates, specifications, investigations, studies or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by the City for any Page 6 defect, error or omission in the design, working drawings, tracings, magnetic media and/or computer disks, estimates specifications, investigations, studies or other documents prepared by Engineer, its employees, subcontractors, agents and consultants. Engineer shall indemnify City for damages resulting from such defects, errors or omissions and shall secure, pay for and maintain in force during the term of this Contract sufficient errors and omissions insurance in the amount of $250,000.00 single limit, with certificates evidencing such coverage to be provided to the City. The redesign of any defective work shall be the sole responsibility and expense of the Engineer. Any work constructed, found to be in error because of the Engineer's design, shall be removed, replaced, corrected or otherwise resolved at the sole responsibility and expense of the Engineer. The parties further agree that this liability provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 12. Indemnification. Engineer shall indemnify, hold harmless and defend the City of Coppell, its officers, agents and employees from any loss, damage, liability or expense, including attorney fees, on account of damage to property and injuries, including death, to all persons, including employees of Engineer or any associate consultant, which may arise from any errors, omissions or negligent act on the part of Engineer, its employees, agents, consultants or subcontractors, in performance of this Contract, or any breach of any obligation under this Contract. It is further understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be solely for the benefit of the parties hereto and shall not create or grant any rights, contractual or otherwise to any person or entity. The parties further agree that this indemnification provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 13. Delays and Failure to Perform. Engineer understands and agrees that time is of the essence and that any failure of the Engineer to complete the Services of this Contract within the agreed Project Schedule shall constitute material breach of this Contract. The Engineer shall be fully responsible for its delays or for failures to use diligent effort in accordance with the terms of this Contract. Where damage is caused to the City due to the Engineer's failure to perform in these circumstances, the City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. The Engineer shall not be responsible for delays associated with review periods by the City in excess of the agreed Project Schedule. 14. Termination of Contract. It is agreed that the City or the Engineer may cancel or terminate this Contract for convenience upon fifteen (15) days written notice to the other. Immediately upon receipt of notice of such cancellation from either party to the other, all Services being performed under this Contract shall immediately cease. Pending final determination at the end of such fifteen-day period, the Engineer shall be compensated on Page 7 the basis of the percentage of Services provided prior to the receipt of notice of such termination and indicated in the final Design Progress Report submitted by the Engineer and approved by the City. 15. Personnel Qualifications. Engineer warrants to the City that all Services provided by Engineer in the performance of this Contract shall be provided by personnel who are appropriately licensed or certified as required by law, and who are competent and qualified in their respective trades or professions. 16. Quality Control. The Engineer agrees to maintain written quality control procedures. The Engineer further agrees to follow those procedures to the extent that, in the Engineer's judgment, the procedures are appropriate under the circumstances. 17. Ownership. All Engineer's designs and work product under this Contract, including but not limited to tracings, drawings, electronic or magnetic media and/or computer disks, estimates, specifications, investigations, studies and other documents, completed or partially completed, shall be the property of the City to be used as City desires, without restriction; and Engineer specifically waives and releases any proprietary rights or ownership claims therein and is relieved of liability connected with any future use by City. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to such documents while they are in the possession of or while being worked upon by the Engineer or anyone connected with the Engineer, including agents, employees, consultants or subcontractors. All documents so lost or damaged while they are in the possession of or while being worked upon by the Engineer shall be replaced or restored by Engineer without cost to the City. 18. Project Records and Right to Audit. The Engineer shall keep, retain and safeguard all records relating to this Contract or work performed hereunder for a minimum period of three (3) years following the Project completion, with full access allowed to authorized representatives of the City upon request for purposes of evaluating compliance with provisions of this Contract. Should the City Engineer determine it necessary, Engineer shall make all its records and books related to this Contract available to City for inspection and auditing purposes. 19. Non-Discrimination. As a condition of this Contract, the Engineer shall take all necessary action to ensure that, in connection with any work under this Contract it shall not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or physical impairment unrelated to experience, qualifications or job performance, either directly, indirectly or through contractual or other arrangements. 20. Gratuities. City of Coppell policy mandates that employees shall never, under any circumstances, seek or accept, directly or indirectly from any individual doing or seeking Page 8 to do business with the City of Coppell, loans, services, payments, entertainment, trips, money in any amount, or gifts of any kind. 21. No Waiver. No action or failure to act on the part of either Party at any time to exercise any rights or remedies pursuant to this Contract shall be a waiver on the part of that Party of any of its rights or remedies at law or contract. 22. Compliance with Laws. The Engineer shall comply with all Federal, State and local laws, statutes, City Ordinances, rules and regulations, and the orders and decrees of any courts, or administrative bodies or tribunal in any matter affecting the performance of this Contract, including without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, Engineer shall furnish the City with satisfactory proof of compliance therewith. 23. Severability. In case one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 24. Venue. With respect to any and all litigation or claims, the laws of the State of Texas shall apply and venue shall reside in Dallas County. 25. Prior Negotiations. This Contract supersedes any and all prior understandings and agreement by and between the Parties with respect to the terms of this Contract and the negotiations preceding execution of this Contract. 26. Contacts. The Engineer shall direct all inquiries from any third party regarding information relating to this Contract to the City Engineer. 27. Notification. All notices to either Party by the other required under this Contract shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such Party at the following respective addresses: City: City Engineer City of Coppell Engineering Dept. 255 Parkway Blvd Coppell TX 75019 Page 9 Engineer: _______________________ _______________________ _______________________ _______________________ IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these presents to be executed by duly authorized representatives on the day and year set forth above. THE CITY OF COPPELL ENGINEER:___________________ BY: BY: _______________________ ______________________________ City Manager Name & Title Date: __________________ Date:_________________________ ATTEST: ATTEST: _______________________ ______________________________ (CORPORATE SEAL) ATTACHMENT A “SCOPE OF SERVICES” COPPELL RESIDENTIAL STREET IMPROVEMENTS (HEARTZ, DOBECKA, CLEAR CREEK, WILLOW SPRINGS, AND SHADOWCREST) The Engineer agrees to render services necessary for the development and completion of the Project as outlined herein. The Basic Services to be performed by Engineer under this Page 10 Contract includes design survey, and preparation of plans, specifications and estimates for the following elements: 1. Topographic survey and design to replace existing residential streets Heartz (1,300 LF south of Sandy Lake Rd), Dobecka (600 LF south of Sandy Lake Rd), and Clear Creek (1,600 LF between Sandy Knoll and Willow Springs). Paving improvements include reconstruction of the existing streets to match current widths, and include standard concrete sidewalks to be reconstructed, or wherever possible, existing sidewalks shall remain. 2. Existing water/sanitary sewer facilities shall be identified, and proposed improvements shown as necessary. Project includes design of 8-inch water line and 8-inch sanitary sewer line to replace the exiting utilities within Heartz, Dobecka, and Clear Creek for the full length of the roadway improvement limits. 3. Significant drainage improvements will not be included in this project. However, TNP shall evaluate adequacy of street capacities to determine if there may be a need for possible drainage improvements. If determined necessary to maintain adequate street capacity conditions, Engineer shall provide design calculations and plan/profile sheets for the construction of additional inlets and connection pipes. Existing inlet tops will be replaced, but design of new improvements is limited to extensions of existing pipes if an additional inlet is deemed necessary, within the limits of construction. Further design of drainage improvements shall be considered additional services. 4. Topographic survey of Willow Springs (2,600 LF between Sandy knoll and Woodhurst) and Shadowcrest (2,500 LF between Moore and Villawood Linear Park). Survey shall be utilized by the City for future roadway replacement design. BASIC SERVICES: 1. When requested by the City, the Engineer shall attend preliminary conferences with authorized representatives of the City regarding the project and such other conferences as may be necessary in the opinion of the City so that the plans and specifications which are to be developed hereunder by the Engineer, will result in providing facilities which are economical in design and conform to instruction from the City. 2. The Engineer shall attend such conferences with officials of other agencies including other engineering and/or surveying firms under contract with the City, as may be necessary in the opinion of the City for coordination of the proposed paving and related improvements Page 11 with the requirements of such other agencies. It shall be the Engineer’s duty hereunder to secure necessary information from such agencies. 3. The Engineer shall advise the City with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The Engineer shall also advise the City concerning the results of same. Such surveys, tests, and investigations shall be made only upon authorization by and at the expense of the City. 4. The Engineer shall supply the plans to all known utility companies, including franchised utilities and pipeline companies which have known existing facilities within the limits of the Project. One set of dated preliminary plans, and one set of dated and approved advertising (final) plans shall also be submitted at the appropriate intervals. 5. The Engineer shall provide necessary design field surveys for his use in the preparation of preliminary and final plans and specifications. Survey For Design: Provide detailed topographic survey for project along the alignment corridor of each street. This will include horizontal and vertical location of existing above ground features and visible utility appurtenances throughout the length of the project corridor including, but not limited to, existing pavement, fences, water valves, fire hydrants and manholes. Flowlines of existing inlets will be shot and elevations provided. Survey limits will be 50’ left/right of the centerline, and side streets will be surveyed for a distance of 100’ from the connection point. All trees shall be tied within the described corridor. Lead sidewalks to the house will be tied, along with the locations of any visible sanitary sewer cleanouts. (a) Survey files for Heartz, Dobecka, and Clear Creek shall be used by Engineer to design the described paving improvements. Survey files for Willow Springs and Shadowcrest shall be provided to the City for use in future design. (b) Establish control network utilizing GPS and City of Coppell published datum. Unless otherwise required, horizontal datum will be NAD 83 and NAVD 88 for vertical datum. (c) Contact utility companies and request them to locate utilities which cross or come close to proposed facilities. Perform field surveys to tie the horizontal and vertical locations of these utilities when located. (d) Establish vertical control benchmarks within the project limits on existing permanent structures. Tie benchmarks to as-built plans for correlation of datum. (d) Attempt to tie right-of-way lines and corners if found, as well as fence lines, and other visible surface features to the survey control network within the proposed route. Page 12 B. PRELIMINARY DESIGN 1. Upon completion of the survey, the Engineer shall then proceed with preparation of the preliminary design of the project. a. Plot existing topographic features including pavement & utilities on (11” x 17”) plan and profile sheets (1”=40’ horizontal and 1”=10’ vertical). b. Prepare plan and profile drawings of existing and proposed top of curb. c. Roadway cross sections on 50-foot intervals & driveway cross sections. d. Provide typical roadway section. e. Prepare proposed water layout plan views. f. Provide plan and profile views for proposed sanitary sewer line replacement. g. Prepare Drainage Area Map (full size, 1:100 scale) for proposed pavement improvements throughout project. Drainage boundaries will be established through the use of existing development plans, USGS maps, and other data sources. Field surveying will not be performed to establish these boundaries. The final Drainage Area Map will include defined sub-areas with drainage I.D. numbers, area (acres), design frequency, time of concentration, intensity, runoff coefficients (“C”), and resulting sub-area flow (“Q”) consistent with the City of Coppell design standards. h. Provide drainage calculations to confirm street capacities. i. Show approximate right-of-way, if identified by survey. j. Prepare and submit any special condition requirements. k. Show known utility crossings and nearby adjacent utilities as identified from field surveys and information provided by utility companies and the City’s record drawings. 2. The Engineer shall provide opinions of probable cost, and furnish two (2) copies of detailed preliminary design plans for the project to the City for review. C. FINAL PLANS, SPECIFICATIONS, AND ESTIMATE (P S & E) 1. Incorporating all City review comments from the preliminary design submittal, the Engineer will complete the final plans, prepare contract documents/specifications, and a final opinion of probable cost. This shall include summaries of bid items and quantities, but the Engineer does not guarantee that Contractor bids will not vary from such opinion. Each of these items (2 copies each) shall be submitted to the City for final approval. a. Develop miscellaneous sheets such as Title Sheet, Horizontal Control Sheet, General Notes & Quantities, and Standard Details. b. Prepare Erosion Control Plan sheets (full size, 1:40 scale) for proposed improvements. The successful bidder (contractor) will be required to supply and submit a formal SWPPP to the TCEQ as owner and operator of the construction project. c. Finalize Typical Sections. Page 13 d. Prepare Traffic Control Plan sheets (full size, 1:40 scale) and construction phasing plans for proposed improvements. e. Prepare Storm Sewer Plan and Profile sheets (full size, 1:20 scale) to account for possible additional storm sewer inlets/laterals. f. Prepare final water and sewer plan/profile sheets. g. Prepare final Paving Plan and Profile sheets (full size, 1:20 horizontal scale) for project. h. Provide final design cross sections every 50 feet along the project, to be included in the construction documents. i. Incorporate comments from the utility companies pertaining to the location of existing facilities and attend utility coordination meeting among impacted utilities at City Hall. j. Prepare Striping/Signage Plans (full size, 1:40 scale) for proposed project improvements. k. Finalize Special Conditions, which will include Special Technical specifications. l. Meet with City to develop final phasing of construction and traffic control plan (to be included in construction plans). City will notify the City of Coppell Police and Fire Departments of all proposed construction phase traffic. m. Complete quantity take-off and prepare final estimate of probable construction cost based on final plans. n. Prepare final bid documents including bid proposal forms, construction plans, specifications, and contract documents. 2. After receipt of final plan/specifications/contract documents review comments from the City, the Engineer shall make all corrections noted and then furnish twenty (20) copies of contract documents and final bid plans to the City for distribution to Contractors for bidding the Project. Contract documents shall contain the Notice to Bidders, Proposal, Wage Rates, General and Special Provisions, Special Specifications, Insurance Statement, Payment, Performance, and Maintenance Bonds, and all other required City Contract forms. 3. The original drawings of all plans shall be plotted in ink on approved plastic film sheets, or as otherwise approved by the City Engineer, and shall become the property of the City. City may use such drawings in any manner it desires provided, however, that the Engineer shall not be liable for the use of such drawings for any project other than the project described herein. D. CONSTRUCTION ADMINISTRATION. 1. The Engineer will assist the City in the advertisement for bids--prepare Notice to Bidders for required newspaper advertising --and place notice with Texas Contractor magazine and Dodge Report. 2. The Engineer will attend a pre-bid meeting if deemed necessary by the City. Page 14 3. The Engineer shall assist in the tabulation and review of all bids received for the construction of the improvements, and shall make recommendations to the City concerning these bids. At any time during the construction of this project, the Engineer shall advise on special review shop drawings required of the Contractor by the Construction Contract(s). Such review shall be for general conformance with the design concept and general compliance with the plans and specifications under the Construction Contract(s). 4. After selection of Contractor(s) and award of contract(s) by the City, the Engineer will assist in the preparation of contract documents, including contract, performance, payment, and maintenance bonds and all other related City forms required to initiate construction on the project(s). 5. Engineer will attend a pre-construction conference with City staff, Contractor(s), and all affected utility companies. 6. Engineer will provide periodic field representation and will monitor construction progress as often as Engineer deems necessary, including possible scheduled meetings with the project inspector and the Contractor(s) to discuss the construction progress. A written report can be provided to the City after each of these bi-weekly meetings if needed. 7. Engineer will consult and advise the City regarding the need for any contract change orders and will prepare change orders as required for City approval. 8. Engineer will be available for interpretation of plans and specifications as may be required by the Contractor(s) in the field. 9. Engineer will, with assistance from the City Inspector on the project(s), prepare and process monthly and final pay requests from the Contractor(s) to the City. 10. Engineer will provide, in conjunction with the City, a final inspection of the project and provide a “punch list” of deficient items to the Contractor(s). 11. Engineer will revise construction drawings as necessary to adequately reflect any revisions in the construction from that which was represented on the plans and/or specifications. 12. Engineer will provide the City with one (1) set of mylar reproducible “Record Drawings” within 30 days after the completion of the project including updated digital files of the new construction for use in the City’s computerized mapping system. F. EXCLUSIONS The intent of this scope of services is to include only the services specifically listed herein and none others. Services specifically excluded from this scope of services include, but are not necessarily limited to the items listed below. However, in the event the following tasks need to Page 15 be performed, the Consultant and City may mutually agree upon a scope/fee amendment to facilitate the tasks: 1. Certification that work is in accordance with plans and specifications, beyond standard preparation of record drawings described. 2. Quality control and testing services during construction. 3. Design of water and sanitary sewer lines beyond those described in scope. 4. Design of retaining walls greater than four feet in height that require structural design. 5. Consulting services by others not included in proposal. 6. Title searches, boundary surveys, deed research, or property surveys. 7. Street light illumination design. 8. Right-of-way parcel descriptions. 9. Detailed construction staking. 10. Full time construction inspection. 11. Preparation of easement descriptions and exhibits. 12. Internal inspection of sanitary sewer lines. 13. Trench excavation safety plan. 14. Preparation of significant plan Change Orders or Addendums, unrelated to Consultant’s errors/omissions. 15. Subsurface Utility Locate Services 16. Structural design 17. HEC II & Hydraulic Studies 18. Additional Public Meetings 19. Environmental investigation 20. Services in connection with condemnation hearings 21. Traffic engineering report or study 22. Preparation of SWPPP documents, review fees, NOT, & BMP inspection. COMPENSATION: The maximum overall fee established herein shall not be exceeded without written authorization from the City of Coppell, justified by increased scope of services. The following is a summary of the estimated charges for the various elements of the proposed services: Part I: Basic Fee (lump sum) A. Engineering and Surveying for Design.................................... $ 188,000 B. Surveying for Future Design ................................................$ 42,000 Subtotal: $ 230,000 Page 16 Part II: Additional Services A. Reimbursable Expenses (printing, as-built prep, cost-plus) ……………$ 2,000 B. Public Meetings (Attendance and/or exhibits)…………. Hourly NTE $ 5,000 Subtotal: $ 7,000 Total Fee: $ 237,000 Page 17 ATTACHMENT B TEAGUE NALL AND PERKINS, INC. Standard Rate Schedule for Reimbursable/Multiplier Contracts Effective January 1, 2009 to December 31, 2009* Engineering / Technical From - To Principal $160 - $210 Per Hour Project Manager $115 - $190 Per Hour Senior Engineer $110 - $210 Per Hour Engineer $80 - $140 Per Hour Landscape Architect / Planner $70 - $160 Per Hour Designer $85 - $120 Per Hour Senior Designer $100 - $145 Per Hour CAD Technician $60 - $90 Per Hour Senior CAD Technician $75 - $110 Per Hour IT Consultant $120 - $150 Per Hour IT Technician $70 - $120 Per Hour Clerical $50 - $80 Per Hour Resident Project Representative $70 - $110 Per Hour Surveying Survey Office Manager $125 - $170 Registered Professional Land Surveyor $110 - $150 S.I.T. $70 - $100 Senior Survey Technician $70 - $100 Junior Survey Technician $60 - $85 2-Person Field Crew w/Equipment $115 3-Person Field Crew w/Equipment $125 4-Person Field Crew w/Equipment $150 1-Person G.P.S. Crew w/Equipment $125 2-Person G.P.S. Crew w/Equipment $145 3-Person G.P.S. Crew w/Equipment $165 1-Person Robotic Crew w/Equipment $110 2-Person Robotic Crew w/Equipment $130 Direct Cost Reimbursables Photocopies, Scans & PDF Files: $0.10/page letter and legal size bond paper, B&W $0.20/page 11” x 17” size bond paper, B&W $1.00/page letter, legal and 11” x 17” size bond paper, color $2.00/page 22” x 34” and larger bond paper or vellum, B&W $4.00/page 22” x 34” and larger bond paper or vellum, color Plots: $1.00/page 11” x 17” size bond paper, B&W $2.00/page 11” x 17” size bond paper, color $4.00/page 22”x34” and larger bond paper or vellum, B&W $6.00/page 22”x34” and larger bond paper or vellum, color $6.00/page 22”x34” and larger mylar or acetate, B&W Mileage $0.55/mile All Subcontracted and outsourced services billed at rates comparable to TNP’s billing rates shown above. * Rates shown are for calendar year 2009 and are subject to change in subsequent years. 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: Human Resources April 14, 2009 23 ✔ RESOLUTION Consider approval of a Resolution of the City Council of the City of Coppell, Texas, approving the Public Agency Retirement System Trust (PARS) Section 457 FICA alternative retirement plan, appointing a plan administrator, and authorizing said plan administrator to execute all required PARS legal documents on behalf of the City and to take whatever additional actions are required to administer the City’s PARS plan(s); and authorizing the Mayor to sign. SEE ATTACHED MEMORANDUM This is an alternative retirement plan for part time employees. Funds have been budgeted in the Salary/Benefit line items for the City's contribution. &PARS-1AR TO: Clay Phillips, City Manager FROM: Vivyon V. Bowman, Director of Administration/ Human Resources DATE: April 3, 2009 SUBJECT: The Public Agency Retirement System (PARS) Alternative Retirement System The City of Coppell opted out of the Social Security System in the late 1970’s or early 1980s pursuant to Federal legislation allowing it. The opt out provision related only to full-time employees. Federal legislation at the time did not allow the Cities to opt out of social security for part-time employees. The City is required to contribute an amount equal to 6.2% of each part-time employee's salary to social security and the employee is required to contribute a similar amount for total contribution of 12.4% In 1990 Congress adopted the Omnibus Budget Reconciliation Act (OBRA). OBRA mandated that employees not covered at the time by a retirement program should be enrolled in social security or an alternate retirement program which meets the statutory requirements of the Act. The Pubic Agency Retirement System (PARS) offers an Alternate Retirement System (ARS) that meets these requirements. The ARS program provides certain benefits to both the employee and the City. The legislation requires a minimum contribution to the alternate plan of 7.5%. The employee's contribution will, therefore, remain the same as it is under social security (6.2%). This deduction can, however, be reduced rate of contribution by the City (1.3% versus 6.2%) results in estimated first-year savings of approximately $18,000. This level of savings will continue each year with the amount varying depending on the total number of part- time employees and the hours worked. The benefits to employees from enrollment in PARS versus Social Security are as follows: • PARS plan participants are fully vested in their individual accounts from day one. This is the same as immediate ownership of the invested funds. This compares to social security which requires contributions for a minimum of 40 calendar quarters (10 years total) before an employee is eligible for any Social Security retirement benefit. • In the event of the participant's separation from the City, the participant may receive the contributed funds as follows: (a) distributed as a lump sum for the participant; or (b) rolled over to an IRA or other qualified plan that accepts rollovers. • PARS contributions are pre-tax dollars. Social Security contributions are post-tax dollars (income tax). The result is additional take home pay for the enrolled employees. • Contributions to the PARS plan increase account balances without limit. With Social Security, once the limit is met, additional contributions do not result in any higher benefits for the contributing participant. City staff recommends the City Council approve the resolution to establish a PARS Trust, including the PARS Section 457 FICA Alternate Retirement Plan. RESOLUTION NO.______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, APPROVING THE PUBLIC AGENCY RETIREMENT SYSTEM TRUST (PARS), INCLUDING THE PARS SECTION 457 FICA ALTERNATE RETIREMENT PLAN, APPOINTING A PLAN ADMINISTRATOR, AND AUTHORIZING SAID PLAN ADMINISTRATOR TO EXECUTE ALL REQUIRED PARS LEGAL DOCUMENTS ON BEHALF OF THE CITY AND TO TAKE WHATEVER ADDITIONAL ACTIONS ARE REQUIRED TO ADMINISTER THE CITY'S PARS PLAN(S); AND PROVIDING AN EFFECTIVE DATE FOR THE RESOLUTION. WHEREAS it is to be determined to be in the City’s best interest and its employees to provide a Qualifying Retirement System for all its employees not currently eligible for such a Qualifying Retirement System (“Deferred Compensation FICA Alternative Plan”), thereby meeting the requirements of Section 11332 of the Omnibus Budget Reconciliation Act (OBRA 90) and Section 3121(b) (7) (F) of the Internal Revenue Code (IRC); and WHEREAS the Public Agency Retirement System (PARS) has made such a system available to the City and its eligible employees and qualifies under OBRA 90 Section 11332, IRC Sections 3121(b)(7)(F) and 457(b), and meets the meaning of the term “retirement system” as given by Section 218(b)(4) of the Federal Social Security Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF COUNCIL OF COPPELL, TEXAS: SECTION 1. The City Council hereby adopts the PARS 457 Trust, including the PARS Section 457 FICA Alternative Retirement Plan, effective April 14th, 2009, the Effective Date for the benefit of employees on that date and hired thereafter; and SECTION 2. The City Council hereby appoints the City Manager, or his/her successor or his/her designee as the City’s Plan Administrator for the Public Agency Retirement System; and SECTION 3. The City’s Plan Administrator is hereby authorized to implement the plan(s), execute the PARS legal documents on behalf of the City and to take whatever additional actions are necessary to maintain the City’s participation in PARS and to maintain PARS compliance of any relevant regulation issued or as may be issued; therefore, authorizing him/her to take whatever additional actions are required to administer the City’s PARS plan(s). DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the _______day of _______________, 2009. APPROVED: __________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: __________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: __________________________________________ ROBERT E. HAGER, CITY ATTORNEY AGENDA REQUEST FORM DATE: April 14, 2009 ITEM #: 24 MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting. B. Report by Councilmember Tunnell regarding National League of Cities Congressional Conference. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: April 14, 2009 ITEM #: 25 NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork AGENDA REQUEST FORM DATE: April 14, 2009 ITEM #: 26 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: April 14, 2009 Department Submissions: Item No. 9/E 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/D and 23 were placed on the Agenda for the above- referenced City Council meeting by the Human Resources Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Human Resources Department Item Nos. 9/B, 9/C and 22 were placed on the Agenda for the above- referenced City Council meeting by the Engineering Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Engineering Department Item Nos. 9/F, 9/G, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 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)