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CP 2010-01-12 NOTICE OF CITY COUNCIL MEETING AND AGENDA JANUARY 12, 2010 JAYNE PETERS, KAREN HUNT, Place 7 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4 BOB MAHALIK, Place 2 BILLY FAUGHT, Place 5 BRIANNA HINOJOSA-FLORES, Place 3 MARVIN FRANKLIN, Place 6 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 7:30 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, January 12, 2010, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 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. ag011210 Page 1 of 5 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code – Consultation with City Attorney. 1. Discussion regarding Northlake Settlement. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects South of Bethel and West of S. Coppell Road. 2. ED Prospects South of Northpoint and West of Royal Lane. WORK SESSION (Open to the Public) 3. Convene Work Session A. Briefing by Mr. Larry O. Hulsey on air quality issues relating to drilling operations. B. Demo of the new city website. C. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. 7. Consider approval of a proclamation naming January 12, 2010 as Tom Thompson Appreciation Day and authorizing the Mayor to sign. 8. Citizens' Appearances. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: December 8, 2009. B. Consider approval of an Ordinance for Case No. PD-236R-SF-12, Bethel Road Manor, a zoning change from PD-236-SF-12 (Planned Development-236-Single Family-12) to PD-236R-SF-12 (Planned Development-236 Revised-Single Family-12) amending the Detail Site Plan to allow the construction of a 735-square-foot cabana (containing a 90-square-foot air conditioned bathroom and ag011210 Page 2 of 5 ITEM # ITEM DESCRIPTION outdoor living and kitchen areas), an arbor structure, an in-ground pool in the rear yard of the property; relocating a decorative screening wall with gates along the front property line, adding a guard rail to the culvert and construction of stone veneer facing to the existing headwall and culverts on 2.78 acres of property located on the north side of Bethel Road, known as 234 W. Bethel Road and authorizing the Mayor to sign. C. Consider approval of an Ordinance for Case No. PD-244-TH-2, Willow Park, a zoning change from C (Commercial) to PD-244-TH-2 (Planned Development-244-Townhouse-2) to allow 24 detached townhouse units and to amend the Land Use Plan of the 1996 Comprehensive Plan from Freeway Commercial and Light Industrial/Showroom to Residential – Medium Density on 3.81 acres of property located approximately 337 feet east of S.H. 121 along the north side of Coppell Road and authorizing the Mayor to sign. END OF CONSENT 10. PUBLIC HEARING: Consider approval of a Resolution granting a variance of ninety (90') feet to Maurizio's from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 110 West Sandy Lake Road, #112; and authorizing the Mayor to sign. 11. PUBLIC HEARING: Consider approval of Case No. PD-245-R, Barnes at Riverview, a zoning change request from R (Retail) to PD-245-R(Planned Development-245- Retail) to attach a Detail Site Plan allowing two office/ medical office/retail buildings (totaling 9,175 square feet) with a 300-square-foot restaurant, on approximately one acre of property located at the southeast corner of Sandy Lake Road and Riverview Drive. 12. Consider approval of the Barnes at Riverview Addition, Lot 1, Block A, Minor Plat, being a minor plat to establish setbacks, fire lanes and mutual access and utility easements to allow the construction of two office/ medical office/retail buildings, with a 300-square-foot restaurant, on approximately one acre of property located at the southeast corner of Sandy Lake Road and Riverview Drive. ag011210 Page 3 of 5 ITEM # ITEM DESCRIPTION 13. PUBLIC HEARING: Consider approval of the Park West Commerce Center, Lot 1, Block 3R, Replat, being a replat of Blocks 3 and 4, of the Park West Commerce Addition into one lot to allow the abandonment of various street rights-of- way, utility and railroad easements and provide for the dedication of necessary easements onsite and rights-of-way for Southwestern Boulevard and Freeport Parkway, on 47.64 acres of property located at the southeast corner of Southwestern Boulevard and Freeport Parkway. 14. City Manager's Report. A. Project Update and Future Agendas. B. Directors’ Work Plan Development. 15. Mayor and Council Reports. A. Report by Mayor Peters regarding Metroplex Mayors’ Meeting. B. Report by Mayor Peters regarding the Keep Coppell Beautiful E- cycling Day on January 23rd. 16. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. 17. Necessary action resulting from Executive Session. Adjournment. ____________________________________ Jayne Peters, 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 8th day of January, 2010, at __________________. ____________________________________ Libby Ball, City Secretary ag011210 Page 4 of 5 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). ag011210 Page 5 of 5 KEY TO COUNCIL GOALS ICONS COPPELL VISION 2030 Sustainable City Government • Excellent City Services with high level of Customer Satisfaction • “Green” City Operations and Facilities • Excellent and Well-maintained City Infrastructure and Facilities • Top Quality City Workforce • Financial Resources to Support City Services Business Prosperity • Retention and Attraction of Businesses that generate revenues for the City • Major Retail and Top Quality Business Office Park along I-635 and SH 121 • Old Coppell as a Small Town Village • Community Commercial Centers • House Offices and Home-Based Businesses Community Wellness and Enrichment • Community Gathering Places • Recreation Programs and Services for all Generations • Expand Cultural Arts Amenities and Opportunities • Residents’ Wellness and Longevity • Community Education Programs and Support of Top Quality Schools • Multi-Use Trail Systems Connecting the City Sense of Community • Residents and Businesses Engaging and Contributing to the Coppell Community • Strong Community Events and Festivals • New Residents Welcome and Involved • Effective Community Partnerships • Future Civic Community Leaders’ Development Special Place to Live • Quality Housing for Family Generations • Beautiful Green City • Revitalizing Neighborhoods • Mobility within Coppell • Easy Access to Dallas-Fort Worth Regions AGENDA REQUEST FORM DATE: January 12, 2010 ITEM #: ES-2 EXECUTIVE SESSION A. Section 551.071, Texas Government Code – Consultation with City Attorney. 1. Discussion regarding Northlake Settlement. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects South of Bethel and West of S. Coppell Road. 2. ED Prospects South of Northpoint and West of Royal Lane. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: January 12, 2010 ITEM #: WS-3 WORK SESSION A. Briefing by Mr. Larry O. Hulsey on air quality issues relating to drilling operations. B. Demo of the new city website. C. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 Document Name: %wksessn Page 1 of 1 DATE: January 12, 2010 TO: Mayor and City Council FROM: Marcie Diamond, Assistant Director of Planning RE: Oil and Gas Drilling and Air Quality issues On January 9, 2007 City Council adopted Ordinance No. 2007-1150 regulating gas drilling within the city limits of Coppell. On April 28, 2009 Council amended Article 9-26 “Oil and Gas Drilling and Production” by adopting Ordinance No. 2009-1228 which increased the setbacks, notification areas, screening requirements and incorporated various environmental regulations, including a noise management plan. Chesapeake Energy has submitted an application to drill four additional wells on the Fellowship Church property. These wells have been permitted by the Railroad Commission (RRC). There are potentially four more wells which are not yet permitted by the RRC, but anticipated. Ultimate build out is projected to be 14 wells on the Fellowship Church property. In accordance with the provisions of the Ordinance as amended in April of 2009, the Council Public Hearing is tentatively scheduled for February 9, 2010. Given that this drilling activity (four wells drilled since 7/08 and two scheduled for the near future), has not been a nuisance, and the city has not received any complaints, additional drilling activity on this site appears to be reasonable. However, broader issues have been discussed in the media and in our neighboring cities regarding air quality and Texas Commission on Environmental Quality (TCEQ) study and activities. To address these issues, Mr. Larry O. Hulsey, the city’s Oil and Gas Inspector/Technical Advisor has been invited to brief Council on these issues and answer questions. Attachments ƒ Staff Report from the Town of Flower Mound proposing a moratorium on all permits until the TCEQ report related to air quality issues is published, which is expected in January. The motion to deny the proposed ordinance passed by a vote of 3-2. ƒ Articles from Basin Oil & Gas Magazine addressing some of the issues in the Flower Mound’s staff report. 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 January 12, 2010 7 ✔ PROCLAMATION Consider approval of a proclamation naming January 12, 2010 as Tom Thompson Appreciation Day and authorizing the Mayor to sign. Staff recommends approval. !Thompson - 1 AR PROCLAMATION WHEREAS, Tom Thompson entered the health and fitness industry after a 20-year career in commercial real estate; and WHEREAS, Tom Thompson earned a Bachelor of Science Degree in Business Management from LeTourneau University, a Master of Science Degree in Kinesiology from the University of North Texas, a Certificate of Advanced Studies in Organizational Leadership from Regent University, and a Doctor of Strategic Leadership Degree from Regent University; and WHEREAS, Dr. Thompson is currently working on a Master of Arts Degree in Teaching from Austin College in Sherman, Texas; and WHEREAS, on November 14, 2009, the 61 year-old became the oldest player in NCAA history after he scored the extra point for Austin College’s only touchdown of the game against Trinity University; and WHEREAS, his successful kick made national and international news and The Sporting News awarded him one of the five game balls given nationally recognizing his effort; and WHEREAS, Tom and his wife, Teresa, reside in Coppell and own AFC Management, Inc., a fitness management firm that owns and operates the Alpha Fitness Centers in the Dallas – Fort Worth Metroplex. NOW, THEREFORE, I, Jayne Peters, Mayor of the city of Coppell, do hereby proclaim January 12, 2010 as "TOM THOMPSON APPRECIATION DAY" IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _______ day of January 2010. ________________________________ Jayne Peters, Mayor ATTEST: __________________________ Libby Ball, City Secretary AGENDA REQUEST FORM DATE: January 12, 2010 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 January 12, 2010 9/A ✔ PROCEDURAL Consider approval of minutes: December 8, 2009. Minutes of the City Council meetings held on December 8, 2009. Staff recommends approval. %minutes MINUTES OF DECEMBER 8, 2009 The City Council of the City of Coppell met in Regular Called Session on Tuesday, December 8, 2009, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Jayne Peters, Mayor Karen Hunt, Mayor Pro Tem Tim Brancheau, Councilmember Bob Mahalik, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember (late arrival) Billy Faught, Councilmember Marvin Franklin, Councilmember (late arrival) Also present were City Manager Clay Phillips, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Mayor Peters called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. North of Bethel and West of Freeport Parkway. 2. North of IH635 and West of Beltline Road. 3. South of Bethel and West of S. Coppell Road. 4. North of IH635E and West of Freeport Parkway. Mayor Peters convened into Executive Session at 5:43 p.m. Mayor Peters adjourned the Executive Session at 6:49 p.m. and opened Work Session. Councilmembers Tunnell and Franklin arrived prior to convening Executive Session. cm120809 Page 1 of 13 WORK SESSION (Open to the Public) 3. Convene Work Session A. Review of Holiday Parade & Tree Lighting. B. Discussion regarding the Sign Resolution. C. Discussion regarding Outdoor Storage. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Jerod Robinson of Riverside Church of Christ led those present in the Invocation. 6. Pledge of Allegiance. Connor Halvorsor of Troop 829 led those present in the Pledge of Allegiance. 7. Citizens' Appearances. Mayor Peters advised no one signed up to speak. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: November 10, 2009. B. Consider approval of a Resolution authorizing the Mayor of the City of Coppell, Texas to execute an Interlocal Agreement with Dallas County for maintenance and improvements to city streets; and authorizing the Mayor to sign. cm120809 Page 2 of 13 C. Consider approval of a Resolution of the City Council of the City of Coppell, Texas, establishing a policy for governmental signage for community recognition; and authorizing the Mayor to sign. D. Consider approval of an Ordinance for Case No. PD-222R3- LI, Duke Lesley Addition (Point West VII), Lot 2, Block A, a zoning change from PD-222R2-LI (Planned Development- 222 Revision 2-Light Industrial) to PD-222R3-LI (Planned Development-222 Revision 3-Light Industrial), to revise the Detail Site Plan to allow the striping of 91 additional parking spaces within the existing truck court area and construction of 13 new parking spaces in the front yard on approximately 36.17 acres of property located on the north side of Dividend Drive, approximately 1,200 feet west of South Belt Line Road (240 Dividend Drive) and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. PD-222R4- LI, Duke Lesley Addition (Point West VII), Lot 3, Block A, a zoning change from PD-222-LI (Planned Development-222 - Light Industrial) to PD-222R4-LI (Planned Development-222 Revision 4-Light Industrial), to establish a Detail Site Plan to allow the development of a shared parking area (253 parking spaces) on 2.9 acres of property located on the north side of Dividend Drive, approximately 1,000 feet west of South Belt Line Road and authorizing the Mayor to sign. F. Consider approval of an Ordinance for Case No. S-1108R4- SF-9, Verizon, a zoning change from S-1108R-SF-9 (Special Use Permit-1108 Revised - Single Family-9) to S-1108R4-SF- 9 (Special Use Permit-1108 Revision 4 - Single Family-9), to allow the replacement of an existing 80-square-foot accessory cabinet with a 190-square-foot cabinet at the base of the tower on approximately 750 square feet of lease area located approximately 1,100 feet north of East Belt Line Road within the electric transmission line easement and authorizing the Mayor to sign. cm120809 Page 3 of 13 Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B carrying Resolution No. 2009-1208.1, C carrying Resolution No. 2009-1208.2, D carrying Ordinance No. 91500-A-536, E carrying Ordinance No. 91500-A-537, F carrying Ordinance No. 91500-A-538. Councilmember Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa- Flores, Tunnell, Faught and Franklin voting in favor of the motion. 9. PUBLIC HEARING: Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is the property owned by Texas Dugan Limited Partnership, described as Block A, Lot 4 of the Duke Freeport Addition (26.659 acres) and located on the north side of Bethel Road, east of Freeport Parkway. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Public Hearing: Mayor Peters opened the Public Hearing and advised no one signed up to speak. Action: Mayor Pro Tem Hunt moved to close the Public Hearing and approve the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 10. Consider approval of an Ordinance designating Concote Corporation, Reinvestment Zone No. 61, and authorizing the Mayor to sign. cm120809 Page 4 of 13 Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Action: Councilmember Franklin moved to approve Ordinance No. 2009-1246 designating Concote Corporation, Reinvestment Zone No. 61, and authorizing the Mayor to sign. Mayor Pro Tem Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 11. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Concote Corporation and authorizing the Mayor to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Action: Councilmember Franklin moved to approve Resolution No. 2009-1208.3 approving a Tax Abatement Agreement between the City of Coppell and Concote Corporation, and authorizing the Mayor to sign. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 12. PUBLIC HEARING: Consider approval of Case No. PD-244-TH-2, Willow Park, a zoning change request from C (Commercial) to PD-244-TH-2 (Planned Development-244-Townhouse-2) to allow 24 detached townhouse units and to amend the Land Use Plan of the 1996 Comprehensive Plan from Freeway Commercial and Light Industrial/Showroom to Residential – Medium Density on 3.81 cm120809 Page 5 of 13 acres of property located approximately 337 feet east of S.H. 121 along the north side of Coppell Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Jason Rose, applicant, made a presentation to Council. Public Hearing: Mayor Peters opened the Public Hearing and called those who signed up to speak. 1) Matthew Timmons, 560 Mobley Way, spoke in favor of the proposal. Action: Councilmember Franklin moved to close the Public Hearing and approve Case No. PD-244-TH-2, Willow Park, a zoning change request from C (Commercial) to PD-244-TH-2 (Planned Development-244-Townhouse-2) to allow 24 detached townhouse units and to amend the Land Use Plan of the 1996 Comprehensive Plan from Freeway Commercial and Light Industrial/Showroom to Residential – Medium Density on 3.81 acres of property located approximately 337 feet east of S.H. 121 along the north side of Coppell Road, subject to the following conditions: 1) Insure the storm drain extends to the creek area and place the headwall on piers; use grouted rock riprap at the outfall; 2) Install a manhole at the dead end of the sewer line; and 3) There may be additional comments during Engineering Plan review. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 13. Consider approval of the Willow Park, Preliminary Plat, to establish the street and lot layout for 24 townhouse lots on 3.81 cm120809 Page 6 of 13 acres of property located approximately 337 feet east of S.H. 121 along the north side of Coppell Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Action: Councilmember Franklin moved to approve the Willow Park, Preliminary Plat, to establish the street and lot layout for 24 townhouse lots on 3.81 acres of property located approximately 337 feet east of S.H. 121 along the north side of Coppell Road, subject to the following conditions: 1) Insure the storm drain extends to the creek area and place the headwall on piers; use grouted rock riprap at the outfall; 2) Install a manhole at the dead end of the sewer line; 3) There may be additional comments during the Engineering Plan review; and 4) Establish street names for proposed cul-de-sacs. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 14. PUBLIC HEARING: Consider approval of Case No. PD-236R-SF-12, Bethel Road Manor, a zoning change request from PD-236-SF-12 (Planned Development-236-Single Family-12) to PD-236R-SF-12 (Planned Development-236 Revised-Single Family-12) amending the Detail Site Plan to allow the construction of a 735-square-foot cabana (containing a 90-square-foot air conditioned bathroom and outdoor living and kitchen areas), an arbor structure, an in- ground pool in the rear yard of the property; relocating a decorative screening wall with gates along the front property line, adding a guard rail to the culvert and construction of stone veneer facing to the existing headwall and culverts on 2.78 acres cm120809 Page 7 of 13 of property located on the north side of Bethel Road, known as 234 W. Bethel Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Public Hearing: Mayor Peters opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Franklin moved to close the Public Hearing and approve Case No. PD-236R-SF-12, Bethel Road Manor, a zoning change request from PD-236-SF-12 (Planned Development-236-Single Family-12) to PD- 236R-SF-12 (Planned Development-236 Revised-Single Family-12) amending the Detail Site Plan to allow the construction of a 735-square- foot cabana (containing a 90-square-foot air conditioned bathroom and outdoor living and kitchen areas), an arbor structure, an in-ground pool in the rear yard of the property; relocating a decorative screening wall with gates along the front property line, adding a guard rail to the culvert and construction of stone veneer facing to the existing headwall and culverts on 2.78 acres of property located on the north side of Bethel Road, known as 234 W. Bethel Road, subject to the following conditions: 1) Cabana, arbor/trellis, pool, and screening wall will require building permits prior to construction; 2) A flood plain development permit will be required for the gate and the stone facing of the culvert; and 3) No dirt work will be allowed in the flood plain. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 15. PUBLIC HEARING: Consider approval of the St. Andrews Estates, Lot 19R, Block 1, Replat, being a replat of Lots 19 and 20 of St. Andrews Estates, cm120809 Page 8 of 13 into one lot to allow the construction of one single-family home on 26,235 square feet of land located at the southwest corner of Inglenook Court and Stonewick Lane. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Public Hearing: Mayor Peters opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Faught moved to close the Public Hearing and approve the St. Andrews Estates, Lot 19R, Block 1, Replat, being a replat of Lots 19 and 20 of St. Andrews Estates, into one lot to allow the construction of one single-family home on 26,235 square feet of land located at the southwest corner of Inglenook Court and Stonewick Lane. Councilmember Hinojosa- Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 16. PUBLIC HEARING: Consider approval of the Bethel Road Estates, Lot 2R, Block 1, Replat, being a replat of Lot 2, Block 1, of Bethel Road Estates to relocate the platted 100-year flood plain line on 2.348 acres of property located at 256 West Bethel Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Terry Holmes, applicant, was available for questions from Council. Public Hearing: Mayor Peters opened the Public Hearing and advised no one signed up to speak. cm120809 Page 9 of 13 Action: Councilmember Brancheau moved to close the Public Hearing and approve the Bethel Road Estates, Lot 2R, Block 1, Replat, being a replat of Lot 2, Block 1, of Bethel Road Estates to relocate the platted 100-year flood plain line on 2.348 acres of property located at 256 West Bethel Road, subject to the following conditions: 1) The plat not being filed for record until the LOMA is received and the approval date is noted on the plat; and 2) The designations of the flood plain lines (proposed/existing) being revised to reflect the new 100-year flood plain. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa- Flores, Tunnell, Faught and Franklin voting in favor of the motion. 17. City Manager's Report. A. Project Update and Future Agendas. A. City Manager Clay Phillips announced this was the last meeting of the year due to the holiday. In the subsequent meetings to follow, discussion will be on the future of the Christmas parade and how we would like for it to go forward. 18. Mayor and Council Reports. A. Report by Mayor Peters regarding the Metroplex Mayors’ Meeting. B. Report by Mayor Peters regarding Make a Child Smile. C. Report by Councilmember Franklin regarding National League of Cities and Future Retail Opportunities. A. Mayor Peters reported on the Metroplex Mayors’ Meeting with guest speaker James Capra, Special Agent in Charge of the Dallas Division of DEA. He provided statistics on drug use and the effects of the drug trade. B. Mayor Peters thanked Allana Lamberth and the City Secretary’s Office for their committed work with Make a Child Smile. She reminded everyone that ornaments can still be picked up during office hours with the deadline being December 11th. The program benefits disadvantaged children in Coppell. cm120809 Page 10 of 13 C. Councilmember Franklin made a report on the attendance to NLC in San Antonio in November. He attended a panel discussion on towns with a population of 50,000 addressing their needs for retail. Incentives, return on investments and marketing were discussed. 19. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. Mayor Peters thanked the Parks and Recreation Department, especially Sherri Lewis, the Police Department, the Fire Department, the Streets Department, and anyone else who participated in the great holiday parade and festivities that followed in the Plaza. She also reminded the public of the cancellation of the second meeting in December. 20. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell. B. Coppell ISD – Mahalik and Hinojosa-Flores. C. Coppell Seniors – Brancheau and Faught. D. Dallas Regional Mobility Coalition – Peters and Hunt. E. International Council for Local Environmental Initiatives (ICLEI) – Brancheau. F. Metrocrest Hospital Authority – Tunnell. G. Metrocrest Medical Foundation – Mahalik. H. Metrocrest Medical Services – Hinojosa-Flores. I. Metrocrest Social Services – Franklin. J. North Texas Council of Governments – Tunnell. K. NTCOG/Regional Emergency Management – Faught. L. North Texas Commission – Hunt. M. Senior Adult Services – Franklin. A. Councilmember Tunnell announced that Ranchview High School and Barbara Bush Middle School have new language labs due to a grant from the Coppell Education Development Corporation. Early release days are December 13-15th. LISD’s Safe and Drug Free Program is having free training on December 10th at the Bolen Administration Center. B. Councilmember Mahalik reported the Red and Black Attack will be starting again this year. The last day of school for Winter Break will be December 8th. Classes resume on January 4th. CISD has offered three discussions on “School Finance and Budget,” “Graduation cm120809 Page 11 of 13 Requirements” and “What Rigor Engagement Looks Like.” The videos are available on the CISD website. C. Councilmember Faught informed Council that the Senior Christmas Lunch will be held on December 13th, the ICE Exhibit at the Gaylord followed by lunch at Esparza’s will be on December 14th, the Heart Smart Nutrition Brown Bag will be held on December 16th, and a trip to Las Vegas and Laughlin, Nevada will be December 22-25th. D. Mayor Peters announced the resignation of Executive Director John Carpenter effective December 31st. A replacement is hoped to be hired by March 2010. The 6th Annual Transportation Forum will be held in Austin June 6-8th. The next DRMC meeting will be January 15th. E. Nothing to report. F. Councilmember Tunnell reported the Texas Hospital for Advanced Medicine is under new management and will now be named Physician Synergy Group. G. Nothing to report. H. Councilmember Hinojosa-Flores announced a diabetic and gynecological clinic has been added to the regular services offered by Metrocrest Medical Services to those without insurance. They are also requesting donations in the forms of sheets and bags. I. Nothing to report. J. Nothing to report. K. Nothing to report. L. Mayor Pro Tem Hunt stated a webinar on workforce is being offered on January 5th. The Luncheon Signature Series will be in February on “Building Public Trust.” M. Councilmember Franklin reported the new Senior Adult Services offices opened December 1st. The next Finance Committee Meeting will be January 8th and the next Board Meeting will be January 12th. The annual Christmas Party will be December 17th at the Country Place Club House. 21. Necessary action resulting from Work Session. There was no action necessary under this item. 22. Necessary action resulting from Executive Session. There was no action necessary under this item. cm120809 Page 12 of 13 There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Jayne Peters, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary cm120809 Page 13 of 13 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 January 12, 2010 9/B ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-236R-SF-12, Bethel Road Manor, a zoning change from PD-236-SF-12 (Planned Development-236-Single Family-12) to PD-236R-SF-12 (Planned Development-236 Revised-Single Family-12) amending the Detail Site Plan to allow the construction of a 735-square-foot cabana (containing a 90-square-foot air conditioned bathroom and outdoor living and kitchen areas), an arbor structure, an in-ground pool in the rear yard of the property; relocating a decorative screening wall with gates along the front property line, adding a guard rail to the culvert and construction of stone veneer facing to the existing headwall and culverts on 2.78 acres of property located on the north side of Bethel Road, known as 234 W. Bethel Road and authorizing the Mayor to sign. On November 19, 2009, the Planning Commission unanimously recommended approval of this ZONING CHANGE , (5-0). On December 8, 2009, City Council unanimously approved this ZONING CHANGE (7-0). Staff recommends APPROVAL. @PD-236R-SF-12, BRM ORD-1 AR (con) 1 TM 41117.2.122109 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-236- SF-12 (PLANNED DEVELOPMENT-236-SINGLE FAMILY-12) TO PD-236R-SF-12 (PLANNED DEVELOPMENT-236 REVISED-SINGLE FAMILY-12) AMENDING THE DETAIL SITE PLAN TO ALLOW THE CONSTRUCTION OF A 735-SQUARE-FOOT CABANA (CONTAINING A 90-SQUARE-FOOT AIR CONDITIONED BATHROOM AND OUTDOOR LIVING AND KITCHEN AREAS), AN ARBOR STRUCTURE, AN IN-GROUND POOL IN THE REAR YARD OF THE PROPERTY; RELOCATING A DECORATIVE SCREENING WALL WITH GATES ALONG THE FRONT PROPERTY LINE, ADDING A GUARD RAIL TO THE CULVERT AND CONSTRUCTION OF STONE VENEER FACING TO THE EXISTING HEADWALL AND CULVERTS ON PROPERTY LOCATED ON THE NORTH SIDE OF BETHEL ROAD, KNOWN AS 234 W. BETHEL 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, DETAILS/ELEVATIONS, CABANA FLOOR PLAN, AND ELEVATIONS OF THE CABANA AND TRELLIS, ATTACHED HERETO AS EXHIBITS “B”, “C”, “D” AND “E”, RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-236R-SF-12 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: 2 TM 41117.2.122109 SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from PD-236-SF-12 (Planned Development-236-Single Family-12) to PD-236R-SF-12 (Planned Development- 236 Revised-Single Family-12) amending the Detail Site Plan to allow the construction of a 735-square-foot cabana (containing a 90-square-foot air conditioned bathroom and outdoor living and kitchen areas), an arbor structure, an in-ground pool in the rear yard of the property; relocating a decorative screening wall with gates along the front property line, adding a guard rail to the culvert and construction of stone veneer facing to the existing headwall and culverts on property located on the north side of Bethel Road, known as 234 W. Bethel Road, and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the SF-12 zoning regulations as provided in the Code of Ordinances, except as amended herein and following development conditions as set forth herein below; A) Provisions of Ordinance Number 91500-A-513, shall continue in full force and effect except as amended herein. B) Cabana, arbor/trellis, pool, and screening wall will be constructed in accordance with Exhibits B through E and will require building permits prior to construction. C) A flood plain development permit will be required for the gate and the stone work facing and adjacent to the culvert, as depicted on Exhibit B. 3 TM 41117.2.122109 D) No grading, adding, removing or alternating any earthen material will be allowed in the flood plain. SECTION 3. That the site plan, details/elevations, cabana floor plan, and elevations of the cabana and trellis, attached hereto as Exhibits “B”, “C”, “D” and “E” 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 SF-12 (Single Family - 12) 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. 4 TM 41117.2.122109 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 ___________________, 2010. APPROVED: _____________________________________ JAYNE PETERS, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 12/23/09) 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 January 12, 2010 9/C ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-244-TH-2, Willow Park, a zoning change from C (Commercial) to PD-244-TH-2 (Planned Development-244-Townhouse-2) to allow 24 detached townhouse units and to amend the Land Use Plan of the 1996 Comprehensive Plan from Freeway Commercial and Light Industrial/Showroom to Residential – Medium Density on 3.81 acres of property located approximately 337 feet east of S.H. 121 along the north side of Coppell Road and authorizing the Mayor to sign. On October 15, 2009, the Planning Commission unanimously recommended approval of this ZONING CHANGE (5-0). On November 10, 2009, City Council opened and continued the public hearing to December 8, 2009 at the applicant's request (7-0). On December 8, 2009, City Council unanimously approved this ZONING CHANGE (7-0). Staff recommends APPROVAL. @PD-244-TH-2, WP ORD-1 AR (con) 1 TM 41113.2.122109 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM C (COMMERCIAL) TO PD- 244-TH-2 (PLANNED DEVELOPMENT-244-TOWNHOUSE-2), TO ALLOW 24 DETACHED TOWNHOUSE UNITS ON 3.81 ACRES OF PROPERTY LOCATED EAST OF S.H. 121 ALONG THE NORTH SIDE OF COPPELL ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; AND FURTHER AMENDING, IN PART, THE LAND USE MAP OF THE COMPREHENSIVE PLAN CHANGING THE DESIGNATION FROM FREEWAY COMMERCIAL AND LIGHT INDUSTRIAL/SHOWROOM TO A RESIDENTIAL – MEDIUM DENSITY DESIGNATION ON THE TRACT OF LAND AS DESCRIBED HEREIN, AND AUTHORIZING THE DIRECTOR OF PLANNING TO AMEND THE LAND USE MAP IN ACCORDANCE WITH EXHIBIT “B”, PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, AND GRAPHICS PACKAGE, ATTACHED HERETO AS EXHIBITS “C”, “D”, AND “E-1 THROUGH E- 12”, 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-244-TH- 2 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. By granting a change in zoning From C (Commercial) to PD-244-TH-2 (Planned Development-244-Townhouse-2), to allow 24 Detached Townhouse Units on 3.81 2 TM 41113.2.122109 acres of property located east of S.H. 121 along the north side of Coppell Road, and being more particularly described in Exhibit “A”, attached hereto and incorporated herein for all purposes; and further amending, in part, the Land Use Map of the Comprehensive Plan changing the designation from Freeway Commercial and Light Industrial/Showroom to a Residential – Medium Density designation on the tract of land as described herein, and authorizing the Director of Planning to amend The Land Use Map in accordance with Exhibit “B”, providing for special conditions. SECTION 2. That the property shall be developed in accordance with TH-2 development standards under the Coppell Zoning Ordinance, except as amended in the special conditions, which are as follows: A) Maximum building height shall be 35 feet, as defined in the Coppell Zoning Ordinance. B) Minimum front yard setback shall be 20 feet, including but not limited to the main structure, garages and accessory structures. C) Minimum side yard shall be five feet. D) Minimum rear yard shall be 15 feet E) Minimum lot area shall be 3,623 square feet; and the minimum lot area for the aggregate lots within the Planned Development shall be an average of 4,554 square feet, excluding any common areas. F) Minimum lot width shall be 35 feet, and minimum average lot width within the Planned Development shall be 42 feet. G) Minimum lot depth shall be 105 feet, and the minimum average shall be 110 feet, except for Lot 5, and “X” (common area lots) which shall have minimum depths as shown on the Site Plan, and the Final Plat shall reflect the approved lot depths. H) Minimum dwelling size shall be one-thousand-two-hundred (1,200) square feet for one story units and one-thousand-five-hundred (1,500) square feet for two story units, exclusive of exclusive of garages, breezeways and porches. I) In no case shall more than 70 percent of the total lot area be covered by the combined area of the main buildings and accessory structures. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining lot coverage. 3 TM 41113.2.122109 J) Park Development Fees in the amount of $1,285 per unit shall be due prior to this plat being released for recordation. K) A tree removal Permit will be required prior to removing any protected trees from this site. SECTION 3. That Site Plan, Landscape Plan, and Graphics Package, attached hereto as Exhibits “C”, “D” and “E-1 through E-12”, respectively, and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That 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 41113.2.122109 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 ___________________, 2010. APPROVED: _____________________________________ JAYNE PETERS, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 12/28/09) Comprehensive Master Plan changing land use on this parcel from Freeway Commercial and Light Industrial To Residential, Medium Density. Exhibit “B” 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 January 12, 2010 10 ✔ PUBLIC HEARING Consider approval of a Resolution granting a variance of ninety (90') feet to Maurizio's from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 110 West Sandy Lake Road, #112; and authorizing the Mayor to sign. This variance is being filed for Maurizio's Restaurant which is located in the Albertson's Shopping Center. This restaurant is approximatly 215 feet from Coppell Montessori Academy which is located on Fitness Court. This location was formerly Cafe Portobello who received a Varience Request for Mixed Beverage sales on August 28, 2007. Staff recommends approval. %maurizio's t@ja-8c ,&.&,? mu *rmn"X mwmr RIUYIWW* --A + -dG., + Uzv;f, -....fAar, On-Premise Prequalification Packet L-ON (4,2009) BG Wine and Beer Retailer's Permit LB Mixed Beverage Late Hours Permit [7 BE Beer Retail Dealer's On-Premise License MI Minibar Permit BL Retail Dealer's On-Premise Late Hours License CB Caterer's Permit BP Brewpub License [XI FB Food and Beverage Certificate V Wine & Beer Retailer's Permit for Excursion Boats PE Beverage Cartage Permit Y Wine & Beer Retailer's Permit for Railway Dining Car RM Mixed Beverage Restaurant Permit with FB m M8 Mixed Beverage Permit .................................................................................................................................................................................................................................... Indicate Primary Business at this Location Restaurant Sporting Arena, Civic Center, Hotel Bar Miscellaneous Sexually Oriented , Trade Name of Location Maurizio's ............................................................................................................................................................................................................................................................................................. Location Address 1 10 W. Sandy Lake Road Suite 11 2 --- City : County Coppell ; Denton / TX 75019- ? Mailing Address i City State I Zip Code 937 Brentwood Drive i Coppell I TX ' 75019- ............................................................................. J ........................................ 1 Business Phone No. ; Alternate Phone No. !--E-mail Address i Type of Owner . -. j Individual Corporation City/County/University Partnership [XJ Limited Liability Company Other Limited Partnership Joint Venture / Limited Liability Partnership Trust 1 Last Name I First Name MI Title I Page 1 of 4 Form L-ON THC.CITY.OF CITY OF Coppell COPFELL Application For Alcoholic Beverage Variance APPLICA-!-ION FOR (CHECK ONE): WINE AND BEER RETAILER'S OFF-PREMISE PERMIT MIXED BEVERAGE RESTAURANT PERMIT WITH FB PLEASE PRINT OR TYPE THE FOLLOWING: APPLICANT'S NAME: f~rn0 -CL~WT LLe Address 110 10- SAmhv t4K6 lLo4h 23d1V-E IIZ PhoneNumber ZIL, - 8b4 -Lr486 NAME OF ESTABLISHMENT: M~ufl'lz i'o 1 S LOCATION OF ESTABI ISH ENT (INCLUDING COUNTY): Address 1 lo & - v LAKF noAA 3 vi 112 Legal Description ,,LP% 1 5 -.,9Pb Signature: , Date: I ////Q Property 0wMs ( NAME: , M,AI//L 1210 brZ~/i'o Address 9-37 Rn ~~\100ob b fi ~0 P~EL c -IT -1 PhoneNumber 21 4 - 86L - Sec. 6-16-2 Gekeral Requirements. A The sale of beer in residential areas or within residential zoning districts is prohibited. 8. Where otherwise allowed, the legal sale of alcoholic beverages as permitted for on-premise or off-premise consumption shall not occur after 12 midnight or before 7 am. except for on Sunday where such legal sale shall not occur after 12 midnight or before 12 noon C. Alcoholic beverages shall not be sold by a dealer whose place of business is within 300 feet of a church, public or private school, or public hospital. This Subsection does not apply to the holder of: 1. A license or permit who also holds a food and beverage certificate covering a premise that is located within 300 feet of a private school; or 2. A license or permit covering a premise where minors are prohibited from entering under Section 109.53 of the Texas Alcoholic Beverage Code. as amended, and that is located within 300 feet of a private school. D. A private school may request from the governing body of the city of Coppell that sales be prohibited within one thousand feet (1,000') of the property of said school. E. The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and fiom fiont door to front door, and in di line across intersections. F. The measurement of the dice between the place of business where alcoholic beverages are sold and the public or private school shall be: 1. in a di line fiom the property line of the public or private school to the properly line of the place of business, and in a direct line across intersections; or 2. ifthe permit or license holder is located on or above the fifth story of a multistory building. in a direct line fiom the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the pmperty line to the base of the floor on which the permit or license holder is located G. Every applicant for an original alcoholic beverage license or permit for a location with a door by which the public may enter the place of business of the applicant that is within 1,000 feet of the nearest property line of a public or private school, measured along street lines and directly across intersections, must give written notice of the application to officials of the public or private school before filing the application with the. Texas Alcoholic Beverage Commission A copy of the notice must be submitted to the commission with the application. This subsection does not apply to a permit or license covering a premise where minon are prohibited hm entering the premises. H. The City Council may after a Public Hearing and a publication of a notice ten (10) days prior to the Hearing in the official City newspaper, allow variances to the regulation if it detmnines that enfmement of the regulation in a particular indance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason, after consideration of the health, safety, and welfare of the public and the equities of the situation, detmmines is in the best interest of the community. Sec. 6-16-3 Day Cares 1 Child Care Facilities. Provisions of Section 6-16-2 relating to a public school also apply to a day-care center and a child-care facility as those terms are defined by Section 42.002, Human Resources Code for a permit or license holder under Chapter 25,28,32,69, or 74 who does not hold a food or beverage certificate. This Subsection does not apply to a permit or license holder who sells alcoholic beverages if: 1. The permit or license holder and the day-care center or child-care facility are located on different stories of a multistory building; or 2. the permit or license holder and the day-care center or child-care facility are located in separate buildigs and either the permit or license holder or the day-care center or child-care facility is located on the second story or higher of a multistory building" NOTICE OF PUBLIC HEARING The City Council of the city of Coppell will hold a public hearing on Tuesday, the 12th day of January, 2010, at 7:30 p.m., in the Coppell Town Center, for the purpose of considering a variance filed by Maurizio’s who has submitted an application for Mixed Beverage Restaurant Permit with FB at 110 W. Sandy Lake Road, which address falls within 300 feet of a public or private school or day care center. Any citizen of the City or other party of interest may also express his or her opinion concerning this request by letter addressed to the city of Coppell City Secretary Department, 255 Parkway Boulevard, Coppell, TX 75019 PUBLIC NOTICE 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). Coppell Montessori AcademyMaurizio'sSandy Lake RdD en ton Ta p R dDickens DrShadydale LnTennyson PlO ak Tr lTown Center DrChaucer CtGeorgian DrTown Center BlvdHeather Glen DrWillow LnPark Valley DrShady Oaks Greenwood Ct0 150 300 45075Feetµ300' Distance from Maurizio's RESOLUTION NO. ______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, GRANTING A DISTANCE VARIANCE OF NINETY (90’) FEET TO MAURIZIO’S, LOCATED AT 110 WEST SANDY LAKE ROAD, # 112, COPPELL, TEXAS, AS PROVIDED IN SECTION 6-16-2(H) OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article 6-16 of the Code of Ordinances places certain distance prohibitions from churches, schools, and day cares to businesses that sell or offer to sell alcoholic beverages; and WHEREAS, the City Council may grant a variance to such business upon proof that the best interest of the public are not served by strict compliance with the regulations; and WHEREAS, Maurizio’s (hereinafter, “Applicant”) is located within 300 feet of a church, school or day care; and WHEREAS, the Applicant has provided sufficient proof that such regulation constitutes waste or inefficient use of land, or creates an undue hardship and is otherwise not effective or necessary after consideration of the health, safety and welfare of the public; and, WHEREAS, the City Council has determined that the best interest of the community will be served by a grant of such variance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That a variance of ninety (90’) feet shall be granted to Maurizio’s, located at 110 West Sandy Lake Road, #112, Coppell, Dallas County, Texas, as provided in Section 6-16-2 (H) of the Code of Ordinances of the City of Coppell. SECTION 2. That the variance granted herein is in personam to the above named Applicant and shall expire upon relinquishment of any permit authorized by the TEXAS ALCOHOLIC BEVERAGE COMMISSION or its successor. 1 SECTION 3. That this Resolution shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the 12th day of January, 2010. APPROVED: ___________________________________ JAYNE PETERS, MAYOR ATTEST: ___________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb) 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: PLANNING January 12, 2010 11 ✔ PUBLIC HEARING Consider approval of Case No. PD-245-R, Barnes at Riverview, a zoning change request from R (Retail) to PD-245-R (Planned Development-245-Retail) to attach a Detail Site Plan allowing two office/ medical office/retail buildings (totaling 9,175 square feet) with a 300-square-foot restaurant, on approximately one acre of property located at the southeast corner of Sandy Lake Road and Riverview Drive. The following P&Z conditions remain outstanding:: 1. Submission of minor site plan amendment and plat for Metrocrest Community Church to establish the fire lane and mutual access easement. 2. Submission of the shared dumpster agreement. 3. Approval of the restaurant (sno balls plus) subject to the floor plan, sign plan and hours of operation as provided in the PD. On December 17, 2009 the Planning Commission unanimously recommended approval of this ZONING CHANGE (6-0), subject to the above-stated conditions. Commissioners Tankersley, Haas, Frnka, Sangerhausen, Duncan and Kittrell voted in favor, none opposed. Staff recommends APPROVAL. @01 PD-245-R, B@R-1 AR ITEM # 4 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-245-R, Barnes at Riverview P&Z HEARING DATE: December 17, 2009 C.C. HEARING DATE: January 12, 2009 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: Southeast corner of Sandy Lake Road and Riverview Drive SIZE OF AREA: One acre of property CURRENT ZONING: R (Retail) REQUEST: A zoning change to PD-245-R (Planned Development-245-Retail) to attach a Detail Site Plan allowing two office/ medical office/retail buildings (total 9,175 square feet) with a 300 square foot restaurant APPLICANT: Owner: Architect: Ray Barnes Prizm Architects 1267 Bradford Drive Ron Brown Coppell, TX 75019 580 Decker Dr., Suite 170 Phone: 972-745-9158 Irving, TX 75062 FAX: 972-692-7220 Phone: 972-714-0420 FAX: 972-714-0282 Engineer: Robert Schneeberg Gonzalez & Schneeberg 660 N. Central Expressway, Suite 250 Plano, Texas 75074 Phone: 972-516-8855 FAX: 972-516-8901 HISTORY: There has been no recent zoning or platting history on this vacant parcel. The property abutting to the east has recently been rezoned (PD-243-R) and platted to allow the development of a 7,419- ITEM # 4 Page 2 of 4 square-foot, Metrocrest Community Church with a future expansion area of 7,168 square feet. TRANSPORTATION: Sandy Lake Road is a C4D, four-lane divided collector concrete roadway contained within a 110-foot right-of-way. SURROUNDING LAND USE & ZONING: North –vacant; O (Office) South –single family; SF-9 (Single Family-9) East – vacant; R (Retail), future home of Metrocrest Community Church. West – office/retail buildings; R (Retail) COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable for neighborhood retail use. DISCUSSION: This request would establish PD zoning to allow the development of two buildings to be occupied with a mixture of professional office, medical office, limited restaurant, and potentially some retail uses. This development will be similar in terms of building mass, setbacks, materials and uses as the four existing buildings to the west of Riverview Drive. The applicant/owner intends to occupy a portion of the first building with his office as well as provide a small food service (shaved ice/snow cone) at the northeast corner of the building. The applicant is presuming that due to the proximity to the City of Carrollton’s McInnish Park and Sports Complex (active ball fields) this is an ideal location for frozen treats. Given that the newly constructed nursing home/rehabilitation facility as well as St. Joseph Village, are less than one-quarter mile from this property, medical office also appears to be an appropriate use. The mix of occupants for this building and the proposed second building will depend on market demands and parking availability. Site Plan The purpose of this PD (versus being developed under the existing R (Retail) district zoning) is to allow variances and deviations from the standard zoning requirements. Abutting this property to the east is the future home of Metrocrest Community Church which received PD zoning earlier this year. Some of the variances requested here reflect the variances received by the church as well as to accommodate mutual access, parking and dumpster use. ƒ First, along the southern property line of the church property, an evergreen landscaping screen was approved ITEM # 4 Page 3 of 4 in lieu of a six-foot masonry wall between it and the residential subdivision. The continuation of this buffering element along the southern property line of the subject tract to Riverview Drive is being requested. ƒ Second, 30-foot side yard setbacks are required adjacent to a property line per R (Retail) District regulations. However, given that the approved site plan for the church indicates a parking lot along the mutual property line as well as 20’ of landscape (10’ on each side), the requested reduction of this side yard to 12’ 6” can be supported. ƒ Third, mutual access is being provided from the church property, through this property to Riverview Drive. This enhances circulation patterns for both the church and this property. ƒ Finally, also being requested is an allowance for shared use of the dumpster. This request is in part due to the fact that there is no appropriate location for a dumpster on this one acre site that would be accessible as well as not visible from both Riverview Drive and Sandy Lake Road. However, a commitment needs to be made that in the event that the existing dumpster is not sufficient to serve both developments, the additional dumpster facilities and /or increased pick-up times will be provided. Although all of the required parking will be provided on-site, it is staff’s understanding that there will be a shared parking agreement with the church to allow for cross parking if needed at peak times for both the church and this development. Part of this request is to include a 300 square foot frozen treat restaurant to be located along the Sandy Lake frontage at the west corner of the building. This can be established through this rezoning (vs a SUP) given that proper notification has been given and the floor plan, sign plan and hours of operation have been included in this PD. Landscape Plan As mentioned above, part of this PD request is to permit a landscaped buffer in lieu of a six-foot masonry wall along the southern property line to continue the pattern approved for the church property. This buffer contains Bald Cypress trees, with Nellie R. Stevens Holly planted generally six feet on center. Also within this buffer are low (3.5 foot) stone walls and berms to break up the expanse of this feature. Along the other property lines overstory trees are provided to meet the requirements of the Landscape Ordinance. There will also be a landscaped feature, with enhanced paving approximately 25 feet wide between the two buildings. ITEM # 4 Page 4 of 4 There are existing, heavily landscaped, subdivision entry features for the Riverview Estates Homeowners Association at both corners of the intersection of Riverview Drive and Sandy Lake. The eastern most one is located on this property. A note has been added to the Minor Plat (next item on this agenda) which provides the Riverview Estates a right of entry to maintain this feature, and further allows the property owner to remove this feature, with proper notification if not maintained in good condition. Elevations The design and materials proposed for this building have been selected to complement the existing office/retail development to the west and the church proposed to the east. The main brick will be similar to the brick on the office/retail buildings and the stone and roof materials will be the same as the church. All building signage will be limited to individually mounted, internally lit, bronze letters. Only one sign (sno ball plus) will be permitted facing Sandy Lake Road and tenant signage will be permitted over the doors along Riverview Drive. Tenant signage will be permitted along Sandy Lake on the 2nd building. No monument sign is being requested. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-245-R, Barnes at Riverview, subject to the following conditions: 1. Submission of minor site plan amendment and plat for Metrocrest Community Church to establish the fire lane and mutual access easement. 2. Submission of the shared dumpster agreement. 3. Approval of the restaurant (sno balls plus) subject to the floor plan, sign plan and hours of operation as provided in the PD. 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. Landscape Plan (2 pages) 3. Elevations WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING January 12, 2010 12 ✔ PRESENTATION Consider approval of the Barnes at Riverview Addition, Lot 1, Block A, Minor Plat, being a minor plat to establish setbacks, fire lanes and mutual access and utility easements to allow the construction of two office/ medical office/retail buildings, with a 300-square-foot restaurant, on approximately one acre of property located at the southeast corner of Sandy Lake Road and Riverview Drive. The following P&Z condition remains outstanding: 1. Submission and approval of a minor site plan amendment and plat for Metrocrest Community Church prior to the recordation of this minor plat. On December 17, 2009 the Planning Commission unanimously recommended approval of this MINOR PLAT (6-0), subject to the above-stated condition. Commissioners Tankersley, Haas, Frnka, Sangerhausen, Duncan and Kittrell voted in favor, none opposed. Staff recommends APPROVAL. @02 B@R Addn, L1, BA, MP-1 AR ITEM # 5 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Barnes at Riverview Addition Lot 1, Block A, Minor Plat P&Z HEARING DATE: December 17, 2009 C.C. HEARING DATE: January 12, 2009 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: Southeast corner of Sandy Lake Road and Riverview Drive SIZE OF AREA: One acre of property CURRENT ZONING: PD-245-R (Planned Development-245-Retail) REQUEST: A minor plat to establish setbacks, fire lanes and mutual access and utility easements to allow the construction two office/ medical office buildings with a limited amount of retail/restaurant use. APPLICANT: Owner: Architect: Ray Barnes Prizm Architects 1267 Bradford Drive Ron Brown Coppell, TX 75019 580 Decker Dr., Suite 170 Phone: 972-745-9158 Irving, TX 75062 FAX: 972-692-7220 Phone: 972-714-0420 FAX: 972-714-0282 Engineer: Robert Schneeberg Gonzalez & Schneeberg 660 N. Central Expressway, Suite 250 Plano, Texas 75074 Phone: 972-516-8855 FAX: 972-516-8901 ITEM # 5 Page 2 of 3 HISTORY: There has been no recent zoning or platting history on this vacant parcel. The property abutting to the east has recently been rezoned (PD-243-R) and platted to allow the development of a 7,419-square-foot, Metrocrest Community Church with a future expansion area of 7,168 square feet . TRANSPORTATION: Sandy Lake Road is a C4D, four-lane divided collector concrete roadway contained within a 110-foot right-of-way. SURROUNDING LAND USE & ZONING: North –vacant; O (Office) South –single family; SF-9 (Single Family-9) East – vacant; R (Retail), future home of Metrocrest Community Church. West – office/retail buildings; R (Retail) COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable for neighborhood retail use. DISCUSSION: This is the companion request to PD-245-R for two office/restaurant/retail buildings. This minor plat establishes setbacks, fire lanes and mutual access and utility easements. As discussed in detail in the PD request, mutual access and fire lane easements are being provided from the church property through this property to Riverview Drive. However, the plat and site plan for the church need to be revised to provide for these easements. There are existing, heavily landscaped, subdivision entry features for the Riverview Estates Homeowners Association at both corners of the intersection of Riverview Drive and Sandy Lake. The eastern most one is located on this property. Note has been added to the Minor Plat which provides the Riverview Estates a right of entry to maintain this feature, and further allows the property owner to remove this feature, with proper notification if not maintained in good condition. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Barnes at Riverview Addition Lot 1, Block A, Minor Plat, subject to: 1. Submission and approval of minor site plan amendment and plat for Metrocrest Community Church prior to the recordation of this plat. ITEM # 5 Page 3 of 3 ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Minor Plat WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING January 12, 2010 13 ✔ PUBLIC HEARING Consider approval of the Park West Commerce Center, Lot 1, Block 3R, Replat, being a replat of Blocks 3 and 4, of the Park West Commerce Addition into one lot to allow the abandonment of various street rights-of-way, utility and railroad easements and provide for the dedication of necessary easements onsite and rights-of-way for Southwestern Boulevard and Freeport Parkway, on 47.64 acres of property located at the southeast corner of Southwestern Boulevard and Freeport Parkway. NO CONDITIONS On December 17, 2009 the Planning Commission unanimously recommended approval of this REPLAT (6-0) with no conditions. Commissioners Tankersley, Haas, Frnka, Sangerhausen, Duncan and Kittrell voted in favor, none opposed. Staff recommends APPROVAL. @03 PWCC, L1, B3R, RP-1 AR ITEM # 6 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Park West Commerce Center Lot 1, Block 3R, Replat P&Z HEARING DATE: December 17, 2009 C.C. HEARING DATE: January 12, 2009 STAFF REP.: Matt S. Steer, City Planner LOCATION: Southeast corner of Southwestern Boulevard & Freeport Parkway SIZE OF AREA: 47.64 acres of property) CURRENT ZONING: LI (Light Industrial) REQUEST: A Replat of Blocks 3 & 4, of the Park West Commerce Addition into one lot to allow the abandonment of various street rights- of-way, utility, railroad easements, and provide for the dedication of necessary easements on site and rights-of-way for Southwestern Boulevard and Freeport Parkway. APPLICANT: Owner : Priscilla McKinney Park West Commerce Center, LLC 11701 Luna Road Farmers Branch, TX 75234 972-831-3969 FAX: 972-869-0180 Applicant: Jorge Rodriguez Halff Associates, Inc 1201 N. Bowser Richardson, Texas 75081 214-346-6200 FAX: 214-739-0095 ITEM # 6 Page 2 of 3 HISTORY: The original plat for Park West Commerce Center, which encompassed 328 acres was established in 1990. Since that time, various lots have been platted and replatted to allow industrial/warehouse developments. There has been no development activity on this property. A replat request was denied at the October 15, 2009 Planning and Zoning Commission Public Hearing, at the applicant’s request due to questions regarding dedication of a 20-foot hike and bike trail easement. TRANSPORTATION: Southwestern Boulevard is currently designated on the Thoroughfare Plan as a four-lane undivided thoroughfare. West of Coppell Road, it is built to standard within a 90-foot right-of-way, and east of Coppell Road, it is currently under construction. SURROUNDING LAND USE & ZONING: North: Light industrial, commercial and residential uses; LI (Light Industrial) and C (Commercial) West: Light industrial; LI (Light Industrial) East: Undeveloped land; LI (Light Industrial) South: Light industrial; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended, shows the property as suitable for light industrial/showroom uses. DISCUSSION: The purpose of this replat is to combine Blocks 3 & 4, of the Park West Commerce Addition into one lot & block, to allow the abandonment of various easements and rights-of-way and to provide for dedication of necessary easements and rights-of- way. Specifically, the street right-of-way running northeast to southwest bisecting this property and the 20-foot utility easements adjacent to both sides are proposed to be abandoned (shaded in light grey). A 30-foot railroad easement with ten-foot utility easements adjacent to both sides are also proposed to be abandoned (shaded in light grey). The street rights-of-way depicted in dark grey along Southwestern and Freeport are proposed to be dedicated by this replat. The easements proposed to be dedicated are hatched. ITEM # 6 Page 3 of 3 At the Planning and Zoning Commission Meeting on October 15, 2009, the applicant’s engineer expressed reservations about granting a 20-foot Hike and Bike Trail Easement due to the owner’s perception of a potential increase in liability because of increased public access. The applicant’s engineer asked for more time to consult with his client, and requested that the Planning and Zoning Commission deny the request. Subsequently, the owner initiated discussions related to this easement with staff and agreed to its dedication. Staff can now recommend approval of this request. It does not have any outstanding conditions. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Lot 1, Block 3R, Park West Commerce Center Replat 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. Replat C I T Y C I T Y CITYLIMIT(BLOCK 4) (BLOCK 3) 10’ UTILITY EASEMEN T VOL. 79074, PG. 69-72 15’ DRAINAGE & UTIL I T Y E A S E M E N T VOL. 81090, PG. 480 90’10’ UTILITY EASEMENT VOL. 90218, PG. 3264 TO BE ABANDONED BY THIS PLAT10’ UTILITY EASEMENT VOL. 90218, PG. 3264 TO BE ABANDONED BY THIS PLAT 10’ UTILITY EASEMENT VOL. 90218, PG. 3264 TO BE ABANDONED BY THIS PLAT 10’ UTILITY EASEMENT VOL. 90218, PG. 3264 TO BE ABANDONED BY THIS PLAT 20’ UTILITY EASEMENT VOL. 90218, PG. 3264 TO BE ABANDONED BY THIS PLAT 20’ UTILITY EASEMENT VOL. 90218, PG. 3264 TO BE ABANDONED BY THIS PLAT20’ UTILITY EASEMENTVOL. 90218, PG. 326420’ UTILITY EASEMENTVOL. 90218, PG. 326420’ UTILITY, DRAINAGE ANDMAINTENANCE EASEMENTVOL. 90218, PG. 326420’ UTILITY EASEMENT VOL. 90218, PG. 3264 TO BE ABANDONED BY THIS PLAT S89%%d57’14"W 901.53’S33%%d09’44"W365.44’S34%%d28’19"W909.93’S89%%d58’26"W 364.01’ S05%%d08’28"W 40.74’ |= 1615’48" R= 865.00’ T= 123.60’ L= 245.53’ CL= 244.71’ CB= S4228’21"W |= 4736’55" R= 170.00’ T= 75.01’ L= 141.28’ CL= 137.25’ CB= S7042’05"E |= 2440’22" R= 405.00’ T= 88.57’ L= 174.40’ CL= 173.06’ CB= S4640’38"W |= 2259’39" R= 238.50’ T= 48.51’ L= 95.72’ CL= 95.07’ CB= N7030’38"E |= 922’16" R= 555.00’ T= 45.49’ L= 90.77’ CL= 90.67’ CB= S 8100’27" WN00%%d04’52"W657.52’|= 541’09" R= 261.50’ T= 12.99’ L= 25.95’ CL= 25.94’ CB= S 7909’53" W |= 9413’38" R= 30.05’ T= 32.35’ L= 49.42’ CL= 44.04’ CB= N4711’36"W N85%%d29’28"E 945.74’S34%%d28’19"W127.66’N00%%d04’52"W829.09’S72 % % d 0 7 ’ 3 4 " E 330. 5 2 ’S33%%d59’03"W234.82’S89%%d57’14"W |= 4129’16" R= 495.00’ T= 187.48’ L= 358.43’ CL= 350.65’ CB= N5505’05"EN34%%d20’27"E|= 5109’01" R= 775.00’ T= 370.90’ L= 691.87’ CL= 669.13’ CB= N5954’57"E (S35%%d53’36"W 234.81’)|= 5558’11" R= 600.00’ T= 318.82’ L= 586.11’ CL= 563.09’ CB= N6108’50"E |= 5528’55" R= 700.00’ T= 368.15’ L= 677.84’ CL= 651.67’ CB= N6212’46"E(N01%%d49’46"E)|= 2222’58" R= 775.00’ T= 153.33’ L= 302.76’ CL= 300.83’ CB= S8319’03"E (S81^24’30"E) (S88^08’13"E)(S36%%d22’52"W)(N01%%d49’46"E)(N88%%d07’01"W)(S36%%d22’52"W)(S88%%d08’13"E)(N35%%d53’36"E)|= 647’58" R= 655.00’ T= 38.91’ L= 77.73’ CL= 77.69’ CB= S 7819’09" E S81%%d42 ’ 3 5 " E S72 % % d 0 7 ’ 3 4 " E 353. 0 4 ’ N85%%d29’28"E 2181.40’ S80%%d2 8 ’ 0 4 " E 46.25’ |= 5013’23" R= 230.00’ T= 107.80’ L= 201.61’ CL= 195.22’ CB= S6923’51"E |= 2656’17" R= 864.90’ T= 207.15’ L= 406.64’ CL= 402.90’ CB= N7200’21"E (|= 935’01" R= 655.00’ T= 54.91’ L= 109.56’) |= 306’10" R= 655.00’ T= 17.74’ L= 35.47’ CL= 35.47’ CB= S8315’40"ES33%%d59’03"W14.29’|= 1044’38" R= 670.63’ T= 63.06’ L= 125.75’ CL= 125.57’ CB= N 8119’45" E |= 8654’34" R= 26.74’ T= 25.34’ L= 40.56’ CL= 36.78’ CB= N 4322’30" E |= 639’02" R= 795.00’ T= 46.19’ L= 92.28’ CL= 92.23’ CB= N 314’44" E 15’ RAILROAD EASEMENT EACH SIDE OF CENTERLINE VOL. 90218, PG. 3264 N04%%d30’32"W 60.00’ 613.43’ S04%%d32’35"E 67.33’N85%%d29’28"E 891.19’1243.75’N00%%d04’52"W1644.17’|= 2222’58" R= 965.00’ T= 190.92’ L= 376.98’ CL= 374.59’ CB= S8319’03"E |= 5558’11" R= 300.00’ T= 159.41’ L= 293.06’ CL= 281.54’ CB= S6158’08"W (S63^52’42"W) |= 5528’55" R= 1000.00’ T= 525.92’ L= 968.34’ CL= 930.95’ CB= S 6212’46" W |= 606’48" R= 674.24’ T= 36.00’ L= 71.94’ CL= 71.91’ CB= S3731’43"W |= 2736’31" R= 216.34’ T= 53.16’ L= 104.25’ CL= 103.24’ CB= N1358’40"W (N12^04’07"W) |= 711’51" R= 795.00’ T= 50.00’ L= 99.87’ CL= 99.80’ CB= N331’08"E N70%% d 2 5 ’ 1 5 " E 511.01 ’N00%%d04’52"W1477.02’20’ DRAINAGE EASEMENT VOL. 90218, PG. 3264 TO BE ABANDONED BY THIS PLATN85%%d29’28"E 6 7 5 . 2 5 ’S34%%d20’27"W 489.53’ 489.53’L = 1 8 0 . 7 5 ’ L=343. 3 8 ’ 901.53’ (N79^48’0 2 " W )207.52’204.40’ N85%%d29’28"E 116.40’ |= 1846’26" R= 770.00’ T= 127.29’ L= 252.30’ CL= 251.17’ CB= N928’04"W |= 034’54" R= 654.24’ T= 3.32’ L= 6.64’ CL= 6.64’ CB=S3445’46"W 10’ WATER LINE EASE M E N T VOL. 90218, PG. 3264 TO BE ABANDONED B Y T H I S P L A T 30’ DRAINAGE EASEMENT BY THIS PLAT 20’ UTILITYEASEMENTBY THIS PLAT15’ RAILROAD EASEMENT EACH SIDE OF CENTERLINE VOL. 90218, PG. 3264 TO BE ABANDONED BY THIS PLAT 20’ DRAINAGE EASEM E N T VOL. 93070, PG. 7470 487.63’ 20’ WATER LINE EASEMENT BY THIS PLAT N85%%d30’05"E DRAINAGE EASEMENT BY THIS PLAT RIGHT-OF-WAY TO BE ABANDONED BY THIS PLAT 20’ UTILITY EASEMENT VOL. 79074, PG. 240 T. P. & L. EASEMENT (NO WIDTH GIVEN) VOL. 1305, PG. 349 VOL. 1305, PG. 352 VOL. 1305, PG. 355 20’ UTILITY, DRAINAGE AND MAINTENANCE EASEMENT VOL. 90218, PG. 3264 BLOCKS 3 AND 4 PARK WEST COMMERCE CENTER IN THE JAMES A. SIMMONS SURVEY, ABSTRACT NO. 1296 CITY OF COPPELL, TARRANT COUNTY, TEXAS FOR PARK WEST COMMERCE CENTER, L.L.C. PREPARED BY 1201 NORTH BOWSER ROAD RICHARDSON, TEXAS 75081-2275 TEL (214) 346-6200 FAX (214) 739-0095 AVO. 27056 SEPTEMBER 2009 N 0 50 100 150 200 SCALE: 1"=100’ 1 2 TEXAS STOCK TAB, INC. VOL. 79166, PG. 0012 TEXAS POWER & LIGHT CO. VOL. 83196, PG. 2063 CITY OF COPPELL VOL. 84246, PG. 6513 BONDE LIGHTING PROTECTION VOL. 85118, PG. 0912 P. WALLER VOL. 92183 PG. 2087, VOL. 72004 PG. 052 H. SCHRODER VOL. 74 PG. 1139 R. FERRUSEA CONC. , INC. VOL. 84192 PG. 3725 L.A. TALLEY VOL. 5364 PG. 541, VOL. 69155 PG. 8905 J. M. ROBERTSON VOL. 84072, PG. 3014 NORTHHOWELLBULLOCKDENTON TAPBELT LINE LAKE GRAP E V I N E CREE K BETHEL COTTON 635 COPPELLAIRLINEFREEPORTROYALDART N.T.S. LOCATION MAP SANDERS LOOPN 100-YR. FLOODWAY LIMIT 100-YR. FLOODWAY LIMIT LOT 2 BLOCK 1 LOT 1 BLOCK 1 COPPELLROADSURVEYOR: HALFF ASSOCIATES 1201 NORTH BOWSER ROAD RICHARDSON, TEXAS 75081-2275 TEL (214) 346-6200 FAX (214) 739-0095 LOT 1 LOT 18 LOT 22 LOT 20 LOT 19 LOT 12 LOT 21 LOT 25 LOT 1R-1 BLOCK 2 15’ RAILROAD EASEMENT EACH SIDE OF CENTERLINE VOL. 90218, PG. 3264 GATEWAY BLVD.SOUTHWESTERN DRIVEFREEPORT PKWY.GATEWAY BUSINESS PARK VOL. 2001083 PG. 00019 GATEWAY BUSINESS PARK VOL. 99014 PG. 182 LOT 3B BLOCK 2 BLOCK 3R LOT 1 LEGEND: (BLOCK 4)95’ R.O.W.90’ R.O.W.(TO BE ABANDONED BY THIS PLAT)PROJECT SITE COPPELL FIRE STATION NO. 1 VOL. 96006, PG. 2849 SOUTHWESTERN INDUSTRIAL ADDITION VOL. 84230, PG. 1633 BLOCK 1, LOT 24 BLOCK 1, LOT 1 (SOUTHWESTERN P L A C E ) (SOUTHWESTERN D R I V E ) SOUTHWESTERN BO U L E V A R D 58" SIR W/CAP 12" FIR 12" FOUND IRON ROD CENTERLINE SOUTHWESTERN BLVD, FRITZ DRIVE APPROX. ABSTRACT LINESOUTHWESTERN BLV D . 32.44’ R.O.W. 35.0’ R.O.W. 32.44’ R.O.W. 35.0’ R.O.W. POINT OF BEGINNING 58" SET IRON ROD WITH PLASTIC CAP STAMPED "HALFF ASSOC. INC." L1 C3L2L3L4 C7 L8 L9 L6 C8 C9L11L12 L7 L10BEING A REPLAT OF BLOCK 3R, LOT 1 PARK WEST COMMERCE CENTER 2,075,368 S. F. 47.64 Acres C.M.CONTROL MONUMENT 5/8" SIR W/CAP 5/8" SIR W/CAP 5/8" SIR W/CAP 5/8" SIR W/CAP 5/8" SIR W/CAP 5/8" SIR W/CAP 5/8" SIR W/CAP 5/8" SIR W/CAP 5/8" SIR W/CAP 5/8" SIR W/CAP 5/8" SIR W/CAP 5/8" SIR W/CAP 300’5/8" SIR W/CAP 5/8" SIR W/CAP 5/8" SIR W/CAP GRAPEVINE CREEK (NOT TO BE DEDICATED TO THE CITY OF COPPELL)PKWY.AREA (S.F.) 5,279 3,181 18,653 27,113 176,085 LOCATION R.O.W. DEDICATION SOUTH SIDE OF SOUTHWESTERN BLVD. SOUTHWEST CORNER OF EXISTING BLOCK 3 SOUTH OF COPPELL SOUTH SUBSTATION BLOCK 1, LOT 1 TOTAL R.O.W. ABANDONMENT SOUTH OF SOUTHWESTERN BLVD. AND BETWEEN EXISTING BLOCK 3 & BLOCK 4 1/2" FIR W/ DAVIS CAP BEARS S17^26’35"W-0.79’ 2,025,818 S.F. 46.51 Acres C1AN ADDITION TO THE CITY OF COPPELL, TARRANT COUNTY, TEXAS BEING A 47.64 ACRE TRACT OF LAND TARRANT COUNTYDALLAS COUNTY( )RECORD INFORMATION 18,653 S.F. R.O.W. DEDICATION BY THIS PLAT 5,279 S.F. R.O.W. DEDICATION BY THIS PLAT 3,181 S.F. R.O.W. DEDICATION BY THIS PLAT BOUNDARY LIMITS OF PLAT PROPERTY AND R.O.W. LINES (BY THIS PLAT) PROPERTY AND R.O.W. LINES (EXISTING) PROPERTY AND R.O.W. LINES (TO BE ABANDONED BY THIS PLAT) EASEMENT (EXISTING AND BY THIS PLAT) EASEMENT (TO BE ABANDONED BY THIS PLAT) R.O.W. AND EASEMENTS (TO BE ABANDONED BY THIS PLAT) R.O.W. (DEDICATED BY THIS PLAT) EASEMENTS (DEDICATED BY THIS PLAT) 100-YEAR FLOODWAY LIMIT APPROXIMATE ABSTRACT LINE APPROXIMATE COUNTY LINE OWNER PARKWEST COMMERCE CENTER, LLC VOL. 93230, PG. 3698 1/2" FIR C.M. 1/2" FIR W/CAP C.M. OWNER: PARK WEST COMMERCE CENTER, L.L.C. 11701 LUNA ROAD FARMERS BRANCH, TX 75234 Attn. Priscilla McKinney Phone: 972-831-3969 Fax: 972-869-0180 C2 C4 C5 C11 C10 L13 EXISTING ROW EXISTING ROW C12 C13 C14 L14 EASEMENT DEDICATION LINE TABLE NO.BEARING DISTANCE L1 S34^28’20"W 1250.4’ L2 N00^04’52"W 687.81’ L3 N00^04’52"W 103.37’ L4 S00^04’47"E 685.84’ L5 S85^29’28"W 50.34’ L6 L7 S85^29’28"W 487.63’ L8 S72^07’34"E 347.26’ L9 N33^59’04"E 243.33’ L10 N00^22’56"W 330.14’ L11 N00^22’56"W 313.99’ L12 L13 N85^29’28"E 955.66’ L14 N8957’15"E 901.53’ EASEMENT DEDICATION CURVE TABLE NO.DELTA RADIUS TANGENT LENGTH C1 00^34’54"654.24’3.32’6.64’ C2 0212’14"654.24’12.58’25.16’ C3 15^49’29" 750.00’ 104.24’ 207.14’ C4 0407’15"775.00’27.88’55.74’ C5 0129’54"775.00’10.13’20.27’ C6 C7 22^22’58" 945.00’ 186.97’ 369.17’ C8 29^29’16" 285.00’ 75.00’ 146.68’ C9 01^41’08" 1020.00’ 15.01’ 30.01’ C10 29^37’06" 315.00’ 83.28’ 162.83’ C11 1843’20"150.00’24.73’49.01’ C12 2326’45"1020.00’211.66’417.39’ C13 3021’01"1020.00’276.65’540.31’ C14 5558’11"280.00’148.78’273.52’ L5 L15 L16 L17 L17 L16C6 84.97’N56%%d58’06"W N85%%d29’28"E 13.96’ N4%%d30’32"W 20.00’ 1050’25"170.00’16.13’32.16’ L15 S85%%d29’28"W 112.96’ UTILITY EASEMENT VOL. 90218, PG. 3264 TO BE ABANDONED BY THIS PLAT N56%%d58’06"W 46.22’ 5/8" SIR W/CAP L18 C15 L18 S72%%d07’34"E 20.82’ C15 0147’58"770.00’12.09’24.18’ 5/8" SIR W/CAP 20’ HIKE AND BIKE TRAIL EASEMENT BY THIS PLAT ONCOR ATMOS ENERGY VERIZON TIME WARNER APPROVED AND ACCEPTED BY: SURVEYOR’S CERTIFICATION STATE OF TEXAS COUNTY OF DALLAS I, Colin J. Henry, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that I have prepared this plat from an actual on the ground survey of the land and that the monuments shown hereon were found and/or placed under my personal supervision in accordance with the platting rules and regulations of the City Plan Commission of the City of Coppell, Texas. DATED this the of , 2009. Colin J. Henry Registered Professional Land Surveyor Texas No. 5230 FLOODPLAIN ORDINANCE NOTES: 1. SUBJECT TRACT LIES WITHIN A ZONE ’X’ , AREA DETERMINED TO BE OUTSIDE 500 YEAR FLOODPLAIN. 2. ALL FLOODPLAIN INFORMATION WAS PROVIDED BY F.E.M.A. FLOOD INSURANCE RATE MAP, COMMUNITY PANEL No. 48113CO135J, REVISED AUGUST 23, 2001. FLOODPLAIN ORDINANCE NOTE: FLOODPLAIN DEVELOPMENT PERMIT NO. HAS BEEN FILED WITH THE CITY OF COPPELL FLOOD ADMINISTRATION ON , 2009. FLOODPLAIN ADMINISTRATOR CERTIFICATE OF APPROVAL: Recommended for approval: Chairman, Planning and Zoning Commission Date City of Coppell, Texas Approved and Accepted: Mayor Date City of Coppell, Texas The undersigned, the City Secretary of the City of Coppell, Texas, hereby certifies that the foregoing replat of the Subdivision or Addition to the City of Coppell was submitted to the City Council on the day of , 2009, and the Council, by formal action, then and there accepted the dedication of streets, alleys, parks, easements, public places, and water and sewer lines, as shown and set forth in and upon said plat, and said Council further authorized the Mayor to note the acceptance thereof by signing her name as hereinabove subscribed. Witness my hand this day of , 2009 City Secretary STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2009. NOTARY PUBLIC in and for the STATE OF TEXAS 2 2 City of Coppell Tarrant County State of Texas OWNER’S DEDICATION WHEREAS Parkwest Commerce Center, L.L.C. is the owner of a 47.64 acre tract of land situated in the James A. Simmons Survey, Abstract Number 1296, in Tarrant County, Texas, and being all of Block 3 and Block 4 of Park West Commerce Center, an addition to the City of Coppell, Texas, as recorded in Volume 90218, Page 3264, of the Deed Records of Dallas County, Texas, and also being a part of Southwestern Drive (a 90 foot wide right-of-way) and a part of Southwestern Place (a 60 foot wide right-of-way) as dedicated by said addition, and also being part of a tract of land described to Parkwest Commece Center, L.L.C. by Special Warranty Deed as recorded in Volume 93230, Page 3698, of said Deed Records, and being more particularly described as follows: BEGINNING at a 5/8-inch set iron rod with yellow plastic cap stamped "HALFF ASSOC. INC." (hereinafter referred to as "with cap") at the intersection of the south right-of-way line of said Southwestern Place with the east right-of-way line of Freeport Parkway (a 95 foot wide right-of-way) for a corner; THENCE North 85 degrees 29 minutes 28 seconds East, along said south right- of-way line, a distance of 675.25 feet to a 5/8-inch set iron rod with cap for corner; THENCE North 04 degrees 30 minutes 32 seconds West, departing said south right-of-way line and crossing said Southwestern Place, a distance of 60.00 feet to a 5/8-inch set iron rod with cap for corner on the southwest prolongation of the north right-of-way line of Southwestern Drive; THENCE North 85 degrees 30 minutes 05 seconds East, along said north right- of-way line, a distance of 613.43 feet to a 5/8-inch set iron rod with cap for corner; THENCE North 85 degrees 29 minutes 28 seconds East, departing said north right-of-way line and crossing said Southwestern Drive, a distance of 67.33 feet to a 5/8-inch set iron rod with cap for corner, said point being on the new south right-of-way line of Southwestern Boulevard (a 70 foot wide right-of- way); THENCE North 85 degrees 29 minutes 28 seconds East, along said new south right-of-way line, a distance of 891.19 feet to a 5/8-inch set iron rod with cap for the point of curvature of a tangent circular curve to the right, having a radius of 965.00 feet, and whose chord bears South 83 degrees 19 minutes 03 seconds East, a distance of 374.59 feet; THENCE Southeasterly, continuing along said new south right-of-way line and along said curve through a central angle of 22 degrees 22 minutes 58 seconds, for an arc distance of 376.98 feet to a 5/8-inch set iron rod with cap for the point of tangency; THENCE South 72 degrees 07 minutes 34 seconds East, continuing along said new south right-of-way line, a distance of 353.04 feet to a 5/8-inch set iron rod with cap for corner on the northeast prolongation of the northwesterly line of the Grapevine Creek Channel common area (300 feet wide); THENCE South 33 degrees 59 minutes 03 seconds West, departing said new south right-of-way line and along the prolongation of said northwesterly line, passing at a distance of 14.29 feet the south right-of-way line of Southwest Drive, continuing in all, a total distance of 249.11 feet to a 5/8-inch set iron rod with cap for the point of curvature of a tangent circular curve to the right, having a radius of 300.00 feet, and whose chord bears South 61 degrees 58 minutes 08 seconds West, a distance of 281.54 feet; THENCE Southwesterly, continuing along said northwesterly line and along said curve through a central angle of 55 degrees 58 minutes 11 seconds, for an arc distance of 293.06 feet to a 5/8-inch set iron rod with cap for the point of tangency; THENCE South 89 degrees 57 minutes 14 seconds West, continuing along said northwesterly line, a distance of 901.53 feet to a 5/8-inch set iron rod with cap for the point of curvature of a tangent circular curve to the left, having a radius of 1,000.00 feet, and whose chord bears South 62 degrees 12 minutes 46 seconds West, a distance of 930.95 feet; THENCE Southwesterly, continuing along said northwesterly line and along said curve through a central angle of 55 degrees 28 minutes 55 seconds, for an arc distance of 968.34 feet to a 5/8-inch set iron rod with cap for the point of tangency; THENCE South 34 degrees 28 minutes 19 seconds West, continuing along said northwesterly line, a distance of 1,243.75 feet to a 5/8-inch set iron rod with cap for the point of curvature of a tangent circular curve to the right, having a radius of 674.24 feet, and whose chord bears South 37 degrees 31 minutes 43 seconds West, a distance of 71.91 feet; THENCE Southwesterly, continuing along said northwesterly line and along said curve through a central angle of 06 degrees 06 minutes 48 seconds, for an arc distance of 71.94 feet to a 5/8-inch set iron rod with cap for a corner on the east right-of-way line of Freeport Parkway (a variable width right-of-way, at this point), said point being the point of curvature of a non-tangent circular curve to the right, having a radius of 216.34 feet, and whose chord bears North 13 degrees 58 minutes 40 seconds West, a distance of 103.24 feet; THENCE Northwesterly, departing said northwesterly line and along said east right-of-way line and along said curve through a central angle of 27 degrees 36 minutes 31 seconds, for an arc distance of 104.25 feet to the point of tangency, from which point a 1/2-inch found iron rod with plastic cap stamped "DE DAVIS CONC ENG" bears South 17 degrees 26 minutes 35 seconds West, 0.79 feet; THENCE North 00 degrees 04 minutes 52 seconds West, continuing along said east right-of-way line, a distance of 1,644.17 feet to a 5/8-inch set iron rod with cap for the point of curvature of a tangent circular curve to the right, having a radius of 795.00 feet, and whose chord bears North 03 degrees 31 minutes 08 seconds East, a distance of 99.80 feet; THENCE Northeasterly, continuing along said east right-of-way line and along said curve through a central angle of 07 degrees 11 minutes 51 seconds, for an arc distance of 99.87 feet to the POINT OF BEGINNING AND CONTAINING 2,075,368 square feet or 47.64 acres of land, more or less. Basis of bearing is NAD 83 (NSRS 2007) Texas State Plane North Central Zone 4202, as observed by GPS on Julian Day 226, 2009 from the City of Coppell geodetic control monument Station 5 and Benchmark 13. Convergence angle at Station 5 is 0 degrees 49 minutes 17.84 seconds. Colin J. Henry Registered Professional Land Surveyor Texas Number 5230 BLOCKS 3 AND 4 PARK WEST COMMERCE CENTER IN THE PREPARED BY 1201 NORTH BOWSER ROAD RICHARDSON, TEXAS 75081-2275 TEL (214) 346-6200 FAX (214) 739-0095 AVO. 27056 SEPTEMBER 2009 BEING A REPLAT OF BLOCK 3R, LOT 1 AN ADDITION TO THE CITY OF COPPELL, DALLAS COUNTY, TEXAS BEING A 47.64 ACRE TRACT OF LAND JAMES A. SIMMONS SURVEY, ABSTRACT NO. 1296 CITY OF COPPELL, DALLAS COUNTY, TEXAS PARK WEST COMMERCE CENTER, L.L.C. FOR NOTARY FOR PARK WEST COMMERCE CENTER L.L.C. STATE OF OREGON COUNTY OF WASHINGTON BEFORE ME, the undersigned authority, a Notary Public in and for Washington County, Oregon, on this day personally appeared , known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2009. Notary Public, Washington County, Oregon Commission expires: NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, PARK WEST COMMERCE CENTER, L.L.C., does hereby adopt this plat designating the herein described property as PARK WEST COMMERCE CENTER, LOT 1, BLOCK 3R, an addition to the City of Coppell, Texas, and does hereby dedicate, in fee simple, to the public use forever the streets shown thereon. The easements shown thereon are hereby reserved for the purposes indicated. The utility and fire lane easements shall be open to the public, fire and police units, garbage and rubbish collection agencies, and all public and private utilities for each particular use. The maintenance of paving on the utility and fire lane easements is the responsibility of the property owner. No buildings, fences, trees, shrubs, or other improvements or growths shall be constructed, reconstructed or placed upon, over or across the easements shown. Said easements being hereby reserved for the mutual use and accommodation of all public utilities using or desiring to use same. All and any public utility shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which in any way endanger or interfere with the construction, maintenance or efficiency of its respective right or ingress or egress to or from and upon the said easement for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or parts of its respective systems without the necessity at any time of procuring the permission of anyone. (Any public utility shall have the right to ingress or egress to private property for the purpose of reading meters and any maintenance or service required ordinarily performed by the utility). Water main and waste water easements shall also include additional areas of working space for construction and maintenance of the systems. Additional easement area is also conveyed for installation and maintenance of manholes, cleanouts, fire hydrants, water services and waste water services from the main to the curb or pavement line, and description of such additional easements herein granted shall be determined by their location as installed. This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Coppell, Texas. WITNESS, my hand this the ___ day of ____, 2009. BY: __________________________________ J. Benjamin Chessar, Asset Manager AGENDA REQUEST FORM DATE: January 12, 2010 ITEM #: 14 CITY MANAGER'S REPORT A. Project Update and Future Agendas. B. Directors’ Work Plan Development. Agenda Request Form - Revised 09/027 Document Name: %manrep AGENDA REQUEST FORM DATE: January 12, 2010 ITEM #: 15 MAYOR AND COUNCIL REPORTS A. Report by Mayor Peters regarding the Metroplex Mayors’ Meeting. B. Report by Mayor Peters regarding the Keep Coppell Beautiful E-cycling Day on January 23rd. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: January 12, 2010 ITEM #: 16 PUBLIC SERVICE ANNOUNCEMENTS CONCERNING ITEMS OF COMMUNITY INTEREST AND NO COUNCIL ACTION OR DELIBERATION IS PERMITTED Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: January 12, 2010 ITEM #: 17 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: January 12, 2010 Department Submissions: Item Nos. 9/B, 9/C, 11, 12 and 13 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)