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CP 2010-03-09 NOTICE OF CITY COUNCIL MEETING AND AGENDA MARCH 9, 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, March 9, 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. ag030910 Page 1 of 5 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects north of Bethel Road and east of Creekview. 2. ED Prospects south of W. Bethel Road and west of S. Coppell Road. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Tennis Center Expansion. B. Discussion regarding Trail Implementation Notifications. C. Discussion regarding the Coppell Aquatic Center Expansion. D. 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 March 9, 2010 as MICHAEL BLAKE 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: February 23, 2010. B. Consider approval of an ordinance of the City of Coppell, Texas, amending Article 9-11, "PARKS AND RECREATION CODE", by adding Section 9-11-13, “Coppell Youth Camp Program Standards” providing for the City of Coppell Youth Camp Programs Standards of Care; providing a repealing clause; providing a severability ag030910 Page 2 of 5 ITEM # ITEM DESCRIPTION clause; providing a savings clause; and authorizing the Mayor to sign. C. Consider approval of an Ordinance for Case No. S-1250-PD-228-HC, Subway, a zoning change from PD-228-HC (Planned Development- 228-Highway Commercial) to S-1250-PD-228-HC (Special Use Permit- 1250-Planned Development-228-Highway Commercial), to allow a 1,805-square-foot restaurant with drive-thru, to be located at 760 N. Denton Tap Road, Suite #100 and authorizing the Mayor to sign. END OF CONSENT 10. PUBLIC HEARING: Consider approval of a Resolution granting a variance of three hundred (300') feet to Goodfish 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 171 N. Denton Tap Road, Suite 600; and authorizing the Mayor to sign. 11. PUBLIC HEARING: Consider approval of Case No. S-1023R-R Chevron, zoning change request from S-1023-R (Special Use Permit-1023-Retail) to S-1023R-Retail (Special Use Permit-1023-Revised Retail), to allow a change in use of the existing 765-square-foot Car Wash building to a State Vehicle Inspection Station on 0.7 acres of property located at 101 E. Belt Line Road being the southeast corner of S. Belt Line and E. Belt Line Roads. 12. PUBLIC HEARING: Consider approval of Case No. S-1197R-PD-133R2-HC, Pizza Hut, zoning change request from S-1197-PD-133R2-HC (Special Use Permit 1197- Planned Development-133 Revision 2-Highway Commercial) to S-1197R- PD-133R2-HC (Special Use Permit-1197 Revised-Planned Development-133 Revision 2-Highway Commercial), to allow a 964-square-foot restaurant (take-out and delivery only) to be located at 651 N. Denton Tap Road, Suite #130. 13. Consider approval of the Wagon Wheel Park, Tennis Center Expansion, Site Plan Amendment, to allow the addition of four regular-size and three half-size tennis courts, a 1,133- square-foot expansion to the existing 1,084- square-foot pro shop to include tennis equipment sales, two 288-square- foot bleacher shade canopies, a 96-square-foot storage building, a 600- ag030910 Page 3 of 5 ITEM # ITEM DESCRIPTION square-foot pavilion and additional walkways on 7.5 acres of property located at 950 Creekview Drive. 14. Consider approval of an Ordinance for Case No. S-1033R3-SF-12, Manara Academy, a zoning change from S-1033R2-SF-12 (Special Use Permit-1033 Revision 2-Single Family-12) to S-1033R3-SF-12 (Special Use Permit-1033 Revision 3-Single Family-12), to allow a Charter School for Grades K-8, with a enrollment capacity of 500, to continue to occupy this building through the 2014 school year, on 4.85 acres of property located at 140 S. Heartz Road and authorizing to sign. 15. City Manager's Report. A. Project Update and Future Agendas. 16. Mayor and Council Reports. A. Report by Mayor Peters regarding the Metroplex Mayors’ Meeting. B. Report by Mayor Peters regarding the Movie Series in Town Center Plaza 17. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. 18. 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 5th day of March, 2010, at __________________. ____________________________________ Libby Ball, City Secretary ag030910 Page 4 of 5 DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.coppelltx.gov) 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). ag030910 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: March 9, 2010 ITEM #: ES-2 EXECUTIVE SESSION A. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects north of BethelRoad and east of Creekview.. 2. ED Prospects south of W. Bethel Road and west of S. Coppell Road. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: March 9, 2010 ITEM #: WS-3 WORK SESSION A. Discussion regarding Tennis Center Expansion. B. Discussion regarding Trail Implementation Notifications. C. Discussion regarding the Coppell Aquatic Center Expansion. D. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 Document Name: %wksessn PARKS AND RECREATION DEPARTMENT Memorandum TO: Mayor and City Council FROM: Brad Reid, Director of Parks and Recreation DATE: March 9, 2010 SUBJECT: Proposed Expansion of the Wagon Wheel Tennis Center In September of 2009, an agreement was approved by the City Council with Kimley Horn and Associates, which began the process of Design Development, Construction Documentation and Project Bidding and Contract Administration for the expansion of the Wagon Wheel Tennis Center. The schematic design and master site plan is based on preliminary planning documents approved by the City Council at a June 2, 2009 Budget Workshop. Staff have been working with representatives from Kimley Horn to bring the plan through the Development Review process, and now are requesting ultimate approval of the site and building plans. Kimley Horn estimates that, if approval is received tonight from the Council to move forward, the construction documents can be completed by the end of March. The project will then be advertised for construction bids, with an estimated bid closing time-frame of mid-April. After reviews with the Coppell Recreation Development Corporation, the award of the bid should be ready for City Council review and consideration on May 11, 2010. The remainder of May will be spent executing the contracts and in pre- construction preparation with the contractor. It is estimated that the construction period will be approximately eight months, with construction ending about March 2011. Staff will be available at the Work Session and the Regular Session to address any question about the project. MEMORANDUM March 3, 2010 TO: Mayor & City Council FROM: Clay Phillips, City Manager SUBJECT: Construction Project Design Notification During the discussions regarding the Trail Master Plan Update staff was asked to explore the possibility of creating some type of notification system designed to provide information regarding the location and design of future trail sections to affected property owners. Staff has discussed this issue in some detail. We believe the process described below has served us well to this point and can be employed when we begin to design and construct trail sections well beyond the limits of our formal park system. Our Parks & Recreation staff routinely holds public information and input meetings for major projects. These meetings have typically been held when we were considering the Park Master Plan update, Trail Master Plan update, and major park construction projects. The major users of the respective facilities and programs being considered are specifically invited to attend along with the general public. In many cases multiple meetings have been held depending upon the scope of a particular project. The specific meeting for the recent revisions to the Trail Master Plan was held last spring and was attended by a number of residents. The inclusion of new trail sections to the list of projects about which public information and input meetings will be held should provide the opportunity for the public to be well informed. Staff suggests that adjoining property owners to easements or right-of-ways that will be used for future new trail sections be specifically invited to attend these meetings along with any interested residents from the community in general. In the case of a trail project, this process would not be used when we are simply replacing or widening an existing trail or sidewalk. To cast a much broader net using the zoning notice standard of specifically notifying property owners within 200 feet of a project could prove to be overly burdensome. This is particularly true when a trail section is built along a neighborhood or collector street. Notifying the adjoining property owners will ensure that those most impacted will have the opportunity to provide their input. We look forward to discussing this with you further Tuesday evening. PARKS AND RECREATION DEPARTMENT Memorandum TO: Mayor and City Council FROM: Brad Reid, Director of Parks and Recreation DATE: March 9, 2010 SUBJECT: Proposed Expansion of the Aquatics and Recreation Center For a number of years, a potential expansion of the Coppell Aquatics and Recreation Center has been discussed by the Park Board. For a variety of reasons, this issue has now come to the forefront and has the potential of moving the Center to a place where the community can again look to the facility with pride of ownership and a place for health/wellness education and application. The reasons for this expansion can ultimately tie back to the idea of community, and the building of community. It is the same principle behind the construction of Kid Country Playground. Although Kid Country was never expected to recover the costs associated with construction or maintenance by generating direct revenues, the benefits that this playground brings to the Coppell Community are endless. However, the costs of operating the Aquatics and Recreation Center are high and a certain amount of revenue is expected in order to recover some of these costs from those who utilize the facility. The Coppell 2030 Plan identifies the idea that Coppell desires to be recognized as a healthy community and this expansion will offer the city much more flexibility in creating the opportunities to develop that identity. The Coppell Aquatics and Recreation Center was the first in the region to be designed in such a fashion that would include outdoor and indoor aquatics elements, attached to a traditional “recreation center” with gymnasium, exercise spaces and meeting rooms. It was a facility that was cutting-edge and became the place where others came to see what was on the horizon in the provision of recreation services. Over the past ten years, other communities have determined that while the concept of the Coppell facility is sound, the building lacks space in vital areas of usage. They in turn, have begun to develop much larger facilities with space for the user to feel that they are not being overly crowded while enjoying the various activities. Recreation is continually evolving and the Coppell Aquatics and Recreation Center will dictate how the city is able to respond to the changing needs of the community. The focus of the spaces designed into the facility ten years ago was different than what is designed into facilities today. Recreation has become much more health/fitness oriented, with much of the offering now very instructionally focused in smaller classes. People want to feel that they have control over their experience, from the time and duration of the class to the actual exercise desired. Our ability to respond to this trend is dependent upon having a number of programming spaces of different sizes, with different and flexible amenities. This flexibility will determine our ultimate success. The city has the ability to offer programs to the community that others simply do not. This is because private entities are required to have their programs generate revenue above the actual cost to provide the program. The City Council made the decision before the Coppell Aquatics and Recreation Center opened that the expectation of the facility would not be to cover the cost of operations. The building design, programs offered, pricing and staffing of the facility would be much different if this were a requirement. It is anticipated that the increased cost of operations due to this proposed expansion will be minimal. Dwayne Brinkley, the city’s architect, informs us that “any additional expense of operations should be more than offset by the opportunity to provide additional programs and increase attendance as a result of an expanded wellness area”. The goal of staff as a result of this expansion will be to offset any additional operating costs with corresponding revenues associated with program offerings and increased traffic in the facility. Although it would be difficult to argue that the recent downturn in the economy is good for anything, the pricing for construction has been very favorable over the past several months for those who can afford to build. The CRDC has undesignated funds available for this expansion, be it a one-story option, or a two story option. The CRDC has discussed both options and feels that the increased space and flexibility that the two story expansion offers is vital to the future success of the Center. Both options satisfy the major goals of the expansion but the two story option seems to include space for activities that would not be available in the single story option, along with offering some adjustable use of spaces for future changing desires of the community. The desired outcome of the Work Session discussion is to get direction from the City Council regarding the proposed scope of the project. Dwayne Brinkley with Brinkley Sargent Architects will be on hand to present the options as proposed, the estimated project costs and discuss the benefits of each option. Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyCoppell Recreation CenterExpansion/RenovationSchematic Design UpdateMarch 9, 2010March 9, 2010 Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyBasic Facts about ExpansionyCenter will remain fully operational during workyExpansion is looking to maintain trees and privacy from neighborsyOutdoor playground will not be impactedyExpansion includes rejuvenation of entire centeryFocus is on ideas to make center better for the community Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudySite Aerial Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion Study Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion Study Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyHistory of CenteryOpened in June 2000.ySite is surrounded by a creek and flood plain which limits its directions of growth.yAs facility has matured the programs and space needs have expanded as a normal growing process.  Therefore some areas have become crowded and as a result have adversely affected service to users.yIn the recreation marketplace many programs have developed over the last 10 years, and Coppell’s Center has experienced this same development. Current enrollments in classes and the variety of program offerings are restricted because of lack of space.yStaff and users were asked what areas of the center would be candidates for improvements. Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyHighest Rated Expansion Renovation RequestsyExpand Cardio/Weight areayLarger Meeting RoomyTwo Multipurpose Exercise AreasyMore efficient Office Area for staffyStorage for Gym, Multipurpose, General StorageyImproved Toilet/Lockers ArrangementyOutdoor Aquatics ElementyRegain Lap Lanes Inside (redo slide) Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyExisting Site Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyCompeting Uses for GymVolleyballProgrammed ClassOpen Play Basketball Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyLap Lanes interrupted by slide run out.Storage of various exercise Equipment and demand for classes has impacted existing space. Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyPlay feature outdated and needs renewal of play experience.This is an opportunity to add second slide which was part of initial planning.Enclosing of ticket area for staff efficiency. Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyEquipment has expanded to meet needs, thus creating overcrowding of space.Privacy for offices and converting lobby back to social area as originally intended. Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyTwo Resultant Options for Consideration Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyOption One –OneLevel ExpansionRenovationyMultipurpose community roomyAdministration offices yLobby/Control DeskyGymnasium storageySecond Floor conversion of Cardio to Multipurpose Exercise RoomyEnclose outside aquatic control pointNew ConstructionyIndoor slide to separate run‐out (freeing lap lanes)y2ndslide added to outdoor slide platformyNew play dish play elementyNew toilets and two family changing roomsyNew aerobics room with storage (Approx. 2300 sf)yNew cardio/weight area (Approx. 4650 sf)Schematic Design Development of Two Options Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudySite Plan Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyOption OneFirst Floor Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyOption OneSecond Floor Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyOption OneOutside View Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyOption OneOutside View Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyOption Two –TwoLevel ExpansionRenovationyMultipurpose community roomyAdministration officesyLobby/Control DeskyGymnasium storageySecond Floor conversion of Cardio to Multipurpose Exercise RoomyEnclose aquatic control pointNew ConstructionyIndoor slide to separate run‐out (freeing lap lanes)y2ndslide added to outdoor slide platformyNew play dish play elementyNew toilets and two family changing roomsyNew aerobics room with storage (Approx. 2370 sf)yNew cardio/weight area (Approx. 8400 sf)Schematic Design Development of Two Options Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyOption TwoFirst Floor Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyOption TwoSecond Floor Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyOption TwoOutside View Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyOption TwoOutside View Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyOption TwoInside View Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyResponse of OptionsyBoth Options address the areas of concernyOption Two provides more square footage that in turn will allow the Center to respond to the evolving health and wellness emphasis of new centers.yBoth allow majority of center to remain operational during the expansion. Interruptions would occur with reconfiguration of existing interior spaces.yAny additional expense of operations should be more than offset by the opportunity to provide additional programs and increased attendance as a result of an expanded wellness area. Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyProject Budget EstimateIncludes Construction, Furnishing and Equipment, Site Improvements,      Contingencies and Professional FeesyOption One ‐$5,350,000yOption Two ‐$6,660,000 Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyScheduleyDesign:  5 ‐6 monthsyBidding:  6 –8 weeksyConstruction:  12 –13 months Coppell Recreation Center Coppell Recreation Center Expansion StudyExpansion StudyCoppell Recreation CenterExpansion/RenovationSchematic Design UpdateMarch 9, 2010March 9, 2010 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Manager March 9, 2010 7 ✔ PROCLAMATION Consider approval of a proclamation naming March 9, 2010 as MICHAEL BLAKE DAY, and authorizing the Mayor to sign. Staff recommends approval. !Eagle Scout Blake - 1 AR PROCLAMATION WHEREAS, Eagle Scout is the highest rank a Boy Scout may achieve and it requires hard work and lengthy preparation; and WHEREAS, merit badges had to be earned and a service project conceived, planned, managed, and completed in order to achieve the rank of Eagle Scout; and WHEREAS, Michael Blake of Boy Scout Troop 807 recycled food-grade containers into rain barrels and led scouts from his troop in building a rainwater collection system at the Riverside Church of Christ and diverted rain water from the roof, through rain barrels and a hose system to nearby trees which educated the troop and members of the church regarding the importance of water conversation; and WHEREAS, the image of Coppell is positively advanced through the success and achievements of this young man, who has exhibited initiative, determination, and perseverance. NOW, THEREFORE, I, Jayne Peters, Mayor of the city of Coppell, do hereby name Tuesday, March 9, 2010 as MICHAEL BLAKE DAY IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this ____ day of March 2010. ______________________________ Jayne Peters, Mayor ATTEST: ___________________________ Libby Ball, City Secretary AGENDA REQUEST FORM DATE: March 9, 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 March 9, 2010 9/A ✔ PROCEDURAL Consider approval of minutes: February 23, 2010. Minutes of the City Council meetings held on February 23, 2010. Staff recommends approval. %minutes cm022310 Page 1 of 7 MINUTES OF FEBRUARY 23, 2010 The City Council of the City of Coppell met in Regular Called Session on Tuesday, February 23, 2010, 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 Billy Faught, Councilmember Marvin Franklin, Councilmember Councilmember Tunnell was absent. 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 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Discussion regarding Northlake Property. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. South of W. Bethel Road and west of S. Coppell Road. 2. South of W. Bethel and west of Royal. Mayor Peters convened into Executive Session at 5:47 p.m. as allowed under the above-stated article. Mayor Peters adjourned the Executive Session at 6:36 p.m. and opened the Work Session. cm022310 Page 2 of 7 WORK SESSION (Open to the Public) 3. Convene Work Session A. Kirkland House Update. B. Discussion regarding Small Wind Energy Systems. C. Discussion regarding the Trail Implementation Plan. D. Discussion regarding Video Productions. E. Discussion regarding Historic Cemetery Maintenance. F. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Monsignor Leon Duesman with the St. Ann Catholic Church, led those present in the Invocation. 6. Pledge of Allegiance. Joseph Mungo with Troop 842 led those present in the Pledge of Allegiance. 7. Consider approval of a proclamation naming February 21 - February 27, 2010 as Severe Weather Awareness Week, and authorizing Mayor to sign. Presentation: Mayor Peters read the Proclamation for the record and presented the same to Fire Chief Kevin Richardson. Action: Councilmember Faught moved to approve a proclamation naming February 21 - February 27, 2010 as Severe Weather Awareness Week, and authorizing Mayor to sign. Mayor Pro Tem Hunt seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hunt and cm022310 Page 3 of 7 Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught and Franklin voting in favor of the motion. 8. Report by Library Board. Presentation: Thomas Dwyer made the Board’s semi-annual report. 9. Citizens' Appearances. 1) Mary Ritter, 701 E. Bethel School Road, spoke regarding the trail plan and thanked Council and staff for their support. 10. Consider approval of minutes: February 9, 2010. Action: Mayor Pro Tem Hunt moved to approve the minutes of February 9, 2010 with the amendment to remove the reference to Main Street on Item 15. Councilmember Hinojosa-Flores seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught and Franklin voting in favor of the motion. 11. PUBLIC HEARING: Consider approval of text amendments to the Code of Ordinances – Chapter 12-Zoning, to add Section 12-32B, “Small Wind Energy Systems”, to establish regulations for small scale wind turbines within the City of Coppell and to amend Section 12-30 to permit this use by Special Use Permit. Presentation: Matt Steer, Planner, made a presentation the Council. Action: Councilmember Mahalik moved to close the Public Hearing and to define a Wind Energy System(s) in the Code of Ordinance and Comprehensive Zoning Ordinance and to add Wind Energy System(s) as a prohibited use cm022310 Page 4 of 7 in all zoning districts. Councilmember Franklin seconded the motion; the motion carried 4-2 with Mayor Pro Tem Hunt and Councilmembers Mahalik, Faught and Franklin voting in favor of the motion and Councilmembers Brancheau and Hinojosa-Flores voting against the motion. 12. Consider approval of the final Coppell Community-Wide Trails Implementation Plan. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to the Council. Action: Councilmember Franklin moved to approve the final Coppell Community- Wide Trails Implementation Plan. Councilmember Mahalik seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught and Franklin voting in favor of the motion. 13. Presentation regarding City Ordinance Nos. 2006-1142 and 2007-1175 which pertain to automated red light enforcement as requested by citizen, Venky Venkatraman. Presentation: Venky Venkatraman made a presentation to Council regarding automated red light enforcement. Police Chief Roy Osborne addressed questions from Council. 14. Presentation and update of current and proposed construction projects in the City of Coppell, Texas, Presentation: Ken Griffin, Director of Engineering, made a presentation to the Council. cm022310 Page 5 of 7 15. City Manager's Report. A. Project Update and Future Agendas. A. City Manager Clay Phillips announced a Town Hall Meeting will be held on March 2nd at the Coppell High School Lecture Hall to give an update on the Cypress Waters project. 16. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. 17. 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. Nothing to report. B. Councilmember Mahalik reported that Coppell High School is offering an EMT class that will grant dual credit with Brookhaven Community college. The course will be taught at the High School with the Coppell Fire Department and Las Colinas Medical Center. Inclement weather make-up classes will be held on June 3rd, making this the last day of school. There will be no early release on June 2nd. Spring Break is March 15th-19th. CISD’s monthly discussion will be at 12:30 p.m. and 7:30 p.m. on March 3rd at the High School Lecture Hall. Finally, CMS West students participated in a Visioneering program at SMU on February 20th. C. Councilmember Faught informed Council that the annual Chili Cook-off will be February 24th at 10:30 a.m., with the Potluck/Birthday Celebration following at 11:30 a.m. and the Live Art Demo at noon. The St. Patrick’s Day Luncheon will be on cm022310 Page 6 of 7 March 17th at 11:30 a.m. The Senior Spelling Bee will be on March 31st. The Gadabouts will be going to the Cavanaugh Flight Museum on March 1st at 9:30 a.m., to the Kimball Art Museum on March 16th at 9:15 a.m. and the Ft. Worth Stockyards on March 23rd at 9:00 a.m. D. Mayor Peters announced the executive search for the Executive Director position is underway with voting to be held at the meeting on March 5th. The topics of discussion will include the Transit Project of Regulated Significance. A Cotton Belt meeting was held on February 19th with the Mayor, City Manager Clay Phillips and Ken Griffin in attendance. A Final Report on the study of the Cotton Belt Project should be available to committee members in March. E. Nothing to report. F. Nothing to report. G. Nothing to report. H. Nothing to report. I. Councilmember Franklin reported that the Fund Balance has reached a critical stage. The organization is requesting assistance in the form of food, rent and basic necessities. Donations are down, but requests for assistance is up causing the organization to turn down one family for every one it serves. J. Nothing to report. K. Councilmember Faught announced he was not selected for another term due to geographical demographics. He will be notified of nominations in the future. In the meantime, he asks that this item be removed. L. Mayor Pro Tem Hunt reported that the next webinar will be the week of March 1st. Rich Thomas of Metro Texas Association of Realtors will be discussing North Texas Real Estate/the Economy. April’s webinar will be on the Future of Work. M. Councilmember Franklin announced a Wii Bowling Tournament will be held on April 9th and April 23rd. The Strategic Planning Group is continuing and hopes to be finished in May. The annual Golf Tournament, Tee-it Up for Seniors, will be held on October 4th at the Riverchase Golf Club. 18. Necessary Action Resulting from Executive Session. There was no action necessary under this item. cm022310 Page 7 of 7 There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Jayne Peters, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Parks and Recreation March 9, 2010 9/B ✔ ORDINANCE Consider approval of an ordinance of the City of Coppell, Texas, amending Article 9-11, "PARKS AND RECREATION CODE", by adding Section 9-11-13, “Coppell Youth Camp Program Standards” providing for the City of Coppell Youth Camp Programs Standards of Care; providing a repealing clause; providing a severability clause; providing a savings clause; and authorizing the Mayor to sign. This item is submitted annually to the Council to adhere to guidelines for state exemption to Day Care licensing standards. These guidelines apply to all camp situations, including summer programs (camp-Do-It-All and Kidz Connect) and other school holidays (thanksgiving and Spring Break, as well as individual days that the schools are closed). staff recommends approval of these standards. ^Standards of Care- 1 AR PARKS & RECREATION DEPARTMENT CITY COUNCIL AGENDA Date: March 9, 2010 To: Mayor and City Council Via: Brad Reid, Director of Parks and Recreation From: Ester P Moreno, Recreation Services Manager Re: Consider approval of an Ordinance of the City of Coppell, Texas, amending Article 9-11, "PARKS AND RECREATION CODE", by adding Section 9-11-13, “Coppell Youth Camp Program Standards” providing for the City of Coppell Youth Camp Programs Standards of Care; providing a repealing clause; providing a severability clause; providing a savings clause; and authorizing the Mayor to sign. Background: The State Health and Safety Code requires that all municipally operated youth camps have standards of care which are submitted for City Council consideration on an annual basis. This is done so that guidelines for state exemption of day care licensing can be applied for all youth camp programs offered by the city. The Coppell Parks & Recreation Department offers camps including Camp Do-It-All, Kidz Connect, Missoula and all those offered at the Recreation Center in the summer, along with any individual days and holidays that are scheduled throughout the school year. The youth camps offered by the City of Coppell are exempt from licensure as observed in the Health and Safety code §141.0021 of the Texas Department of State Health Services (DSHS). The city programs fall under this exemption because they are operated by a municipality, are recreation programs for children ages 5 through 13 and because they meet the following criteria: • The standards of care for the program are annually adopted by ordinance after a public hearing. • The standards of care include staffing ratios and qualifications, facility health and safety standards, and monitoring and enforcement provisions. • The standards of care are provided to the parents of each program participant. • The parents of each program participant are informed the program is not licensed by the state. • The program is not advertised as child care. As parents register their children for the camps they are provided a copy of the standards, as listed in the requirements. Along with the standards they are also provided information on camp hours of operation, appropriate attire, plus all other information parents need to know for their child to have a successful camp experience. These standards of care are closely monitored by Recreation Coordinators and Supervisors as well as the Recreation Services Manager. This is the first year these Standards of Care have been included in Ordinance form. This is a requirement of the State and will be brought back annually for consideration. City Council Action requested: Approval of an ordinance outlining the Standards of Care for youth camp programs. Staff Recommendation: Staff recommends approval of the Standards of Care and will be present to answer any questions. AN ORDINANCE OF THE CITY OF COPPELL ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING ARTICLE 9-11, "PARKS AND RECREATION CODE", BY ADDING SECTION 9-11-13, “COPPELL YOUTH CAMP PROGRAM STANDARDS” PROVIDING FOR THE CITY OF COPPELL YOUTH CAMP PROGRAMS STANDARDS OF CARE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE. WHEREAS, the City of Coppell operates Youth Camps; and WHEREAS, the City of Coppell wants to provide a safe and instructive atmosphere. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF COPPELL, TEXAS, THAT: SECTION 1. That Article 9-11, "Parks and Recreation Code", of the Code of Ordinances be, and the same is, hereby amended by adding section 9-11-13, providing youth camp programs standards of care, as defined herein , which shall read as follows: “ARTICLE 9-11. PARKS AND RECREATION CODE . . . . . Sec. 9-11-13. Youth Camp Programs Standards of Care Organization A. The governing body of the City of Coppell Youth Camp Programs is the Coppell City Council. B. City of Coppell Youth Camp Programs are exempt from licensure under the Department of State Health Services (DSHS) ruling §141.0021 as they are operated by a municipality and meet criteria set for children in youth camp programs. C. Implementation of the Youth Programs Standards of Care is the responsibility of the Parks and Recreation Department Director and Departmental employees. Page 1 TM 42882.2.000 D. Youth Program (“Program”) to which these Standards of Care will apply is the Summer Recreation Program and selected days off from the school calendar. E. Each Youth Program site will have available for public and staff review a current copy of the Standards of Care. F. Parents of participants will be provided a current copy of the Standards of Care during the registration process. G. Criminal background checks will be conducted on prospective Youth Program employees. If results of the criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: (1) A felony or misdemeanor classified as an offense against a person or family; (2) A felony or misdemeanor classified as public indecency; (3) A felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; (4) Any offense involving moral turpitude; (5) Any offense that would potentially put youth participants or the City of Coppell at risk. Definitions A. City: City of Coppell B. City Council: City Council of the City of Coppell C. Department: Parks & Recreation Department of the City of Coppell D. Youth Programs or Program: City of Coppell Youth Programs currently consisting of the Summer Recreation Program and selected days off from school. E. Program Manual: Notebook of policies, procedures, required forms, and organizational and programming information relevant to Coppell Youth Programs Page 2 TM 42882.2.000 F. Director: City of Coppell Parks & Recreation Department Director or his or her designee G. Parks & Recreation Manager: City of Coppell Parks & Recreation Department’s Recreation Manager H. Recreation Services Supervisor: City of Coppell Parks & Recreation Department Recreation Services Supervisor. I. Site Director: City of Coppell Parks & Recreation Department Seasonal/Temporary employee who has been assigned responsibility to implement the City’s Youth Program J. Program Counselor: City of Coppell Parks & recreation Department Seasonal/Temporary employee who has been assigned responsibility to implement the City’s Youth Program K. Program Site: Area and facilities where Coppell Youth Programs are held consisting of the Coppell Independent School District Campus and the Aquatic and Recreation Center. L. Participant: A youth whose parent(s) have completed all required registration procedures and determined to be eligible for a Coppell Youth Program M. Parent(s): This term will be sued to represent one or both parent(s) or adults who have legal custody and authority to enroll their child(ren) in Coppell Youth Programs N. Employee(s): Term used to describe people who have been hired to work for the City of Coppell and have been assigned responsibility for managing, administering, or implementing some portion of the Coppell Youth Programs O. Recreation Center: The Coppell Independent School District campuses or the Aquatics and Recreation Center which hosts the Summer Recreation Program and selected days off from school. P. Water Front Director: City of Coppell Parks & Recreation Department Aquatics Operation Supervisor or Head Lifeguard as assigned by the Recreation Manager Inspections/Monitoring/Enforcement Page 3 TM 42882.2.000 A. A monthly inspection report will be initiated by the Site Director of each Program to confirm that the Standards of Care are being met. (1) Inspection reports will be sent to the Recreation Services Supervisor for review and kept on record for at least two (2) years. (2) The Parks & Recreation Department’s Recreation Manager will review the report and establish deadlines and criteria for compliance with the Standards of Care. B. The Recreation Manager will make visual inspections of the Program based on the following schedule: (1) The Summer Recreation Program will be inspected twice during its summer schedule. In addition, selected days at the Aquatics and Recreation Center will be visited during the school year. C. Complaints regarding enforcement of the Standards of Care will be directed to the Site Director. The Site Director will be responsible to take the necessary steps to resolve the problems. The Site Director will record complaints regarding enforcement of the Standards of Care and their resolution. The Recreation Services Supervisor will address serious complaints regarding enforcement of the Standards of Care and the complaint and resolution will be noted. D. The Parks & Recreation Department’s Recreation Manager will make an annual report to the City Council on the overall status of the Youth Program and its operation relative to compliance with the adopted Standards of Care. Enrollment A. Before a child can be enrolled a parent must sign registration forms that contain the child’s: (1) Name, address, home telephone number; (2) Name and address of parents and telephone number during Program hours; Page 4 TM 42882.2.000 (3) The names and telephone numbers of people to whom the child can be released or names of those who many not pick them up; (4) A statement of the child’s special problems or needs; (5) Emergency medical authorization; (6) Proof of residency when appropriate; and (7) A liability, transportation, photo and movie waiver Suspected Abuse Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. STAFFING – RESPONSIBILITIES AND TRAINING Site Director Qualifications A. Site Director will be Seasonal/Temporary professional employees of the City of Coppell Parks & Recreation Department and will be required to have all Recreation Site Director qualifications as outlined in this document. B. Site Director must be at least 21 years old C. Site Director must have a bachelor’s degree from an accredited college or university. Acceptable degrees include: (1) Recreation Administration or General Recreation (2) Physical Education, Secondary or Elementary Education (3) Any other comparable degree plan that would lend itself to working in a public recreation environment D. Site Director must have two years experience planning and implementing recreational activities. E. Site Director must pass a background investigation including testing for illegal substances. Page 5 TM 42882.2.000 F. Site Director must have successfully completed a course in First Aid and Cardio-Pulmonary Resuscitation (CPR) based on either American Heart Association or American Red Cross standards. G. Site Director must be able to furnish proof of a clear tuberculosis test within 12 months prior to their employment date. Site Director’s Responsibilities A. Site Directors are responsible to administer the Programs’ daily operations in compliance with the adopted Standards of Care. B. Recreation Services Supervisor and Site Directors are responsible to recommend for hire, supervise, and evaluate Counselors. Camp management shall ascertain and have on record information, such as a letter of reference, attesting to the character and integrity of each staff member, and information, such as training certificates, attesting to the ability of each staff member to perform the tasks required in his or her position. C. Site Directors are responsible for planning, implementing, and evaluating programs. D. Site Directors will be considered Camp Health Officers. Duties will consist of, but not limited to: dispensing of medication and first aid, records management of incidences, emergencies, and camper’s health files. Counselor Qualifications A. Counselors will be Seasonal/Temporary employees of the Parks & Recreation Department. B. Counselors working with children must be age 17 or older and have completed high school; however, each site will have at least one employee 18 years old or older present at all times. C. Counselors should be able to consistently exhibit competency, good judgment, and self-control when working with children. D. Counselors must relate to children with courtesy, respect, tolerance, and patience. E. Counselors must have successfully completed a course in the First Aid and CP based on either American Heart Association or American Red Cross standards. An exception can be made for no Page 6 TM 42882.2.000 more than one staff person at each site and that personal shall successfully complete a First Aid and CPR course within two weeks of starting work. F. Each Counselor must be able to furnish proof of a clear tuberculosis test within the 12 months prior to their employment date. G. Counselors must pass a background investigation including testing for illegal substances. Counselor Responsibilities A. Counselors will be responsible to provide participants with an environment in which they can feel safe, can enjoy wholesome recreation activities, and can participate in appropriate social opportunities with their peers. B. Counselors will be responsible to know and follow all City, Departmental, and Program standards, policies and procedures that apply to Coppell Parks and Recreation Youth Programs. C. Counselors must ensure that participants are released only to an authorized parent or an authorized adult designated by the parent. All Program sites will have a copy of the Department approved plan to verify the identity of a person authorized to pick up a participant if that person is not known to the Counselor. Training/Orientation A. The Department is responsible for providing training and orientation to Program employees in working with children and for specific job responsibilities. Recreation Service Supervisor will provide each Counselor and Site Director with a Program manual specific to the Youth Program. B. Program employees must be familiar with the Standards of Care for Youth Program operation as adopted by the City Council. C. Program employees must be familiar with the Program’s policies including discipline, guidance, and release of participants as outlined in the Program Manual. D. Program employees will be trained in appropriate procedures to handle emergencies by the Recreation Services Supervisor/professionals in the field. Page 7 TM 42882.2.000 E. Program employees will be trained in areas including City, Departmental, and Program policies and procedures, provision of recreation activities, safety issues, child psychology, and organization. F. Program employees will be required to sign an acknowledgement that they received the required training. OPERATIONS Staff-Participant Ratio A. In a Coppell Youth Program, the standard ratio of participants to Counselors shall not exceed 20 to 1. In the event a Counselor is unable to report to the Program site, a replacement will be assigned. The camp director shall not be included in the supervisor to camper ratio in camps serving over 50 campers at a time. B. Each participant shall have a Program employee who is responsible for him or her and who is aware of the participant’s habits, interests, and any special problems as identified by the participant’s parent(s) during the registration process. Discipline A. Program employees will implement discipline and guidance in a consistent manner based on the best interests of Program participants. B. There must be no cruel or harsh punishment or treatment. C. Program employees may use brief, supervised separation from the group if necessary. D. As necessary, Program employees will initiate discipline reports to the parent(s) of participants. Parents will be asked to sign discipline reports to indicate they have been advised about specific problems or incidents. E. A sufficient number and/or severe nature of discipline reports as detailed in the Program Manual may result in a participant being suspended from the Program. Page 8 TM 42882.2.000 F. In instances where there is a danger to participants or staff, offending participants will be removed from the Program site as soon as possible. Programming A. Program employees will attempt to provide activities for each group according to the participants’ ages, interests, and abilities. The activities must be appropriate to participants’ health, safety, and well being. The activities also must be flexible and promote the participants’ emotional, social, and mental growth.[ B. Program employees will attempt to provide indoor and outdoor time periods that include: (1) Alternating active and passive activities, (2) Opportunity for individual and group activities, and (3) Outdoor time each day weather permits. Communication A. The Program site will have a mobile phone to allow the site to be contacted by Parks & Recreation personnel or for making emergency calls. B. The Site Director will post the following telephone numbers adjacent to a mobile phone accessible to all Program employees at the site: (1) Coppell Ambulance or Emergency Medical Services; (2) Coppell Police Department; (3) Coppell Fire Department; (4) Coppell Independent School District campuses; (5) Numbers at which parents may be reached; and (6) The telephone number for the site itself. Transportation Page 9 TM 42882.2.000 A. Before a participant may be transported to and from city sponsored activities, a transportation form, completed by the parent of the participant, must be filed with the Site Director. B. First Aid supplies and a First Aid and emergency care guide will be available in all Program vehicles that transport children. C. All Program vehicles used for transporting participants must have available a 6-BC portable fire extinguisher which will be installed in the passenger compartment of the vehicle and must be accessible to the adult occupants. FACILITY STANDARDS Safety A. Program employees will inspect the Program site daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A daily inspection report will be completed by Program employees and kept on file by the Site Director. B. Buildings, grounds, and equipment on the Program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. C. Program equipment and supplies must be safe for the participants’ use. D. Program employees must have First Aid supplies readily available at each site, during transportation to an off-site activity, and for the duration of any off-site activity. E. Program air conditioners, electric fans, and heaters must be mounted out of participants’ reach or have safeguards that keep participants from being injured. F. Program porches and platforms more than 30 inches above the ground must be equipped with railing participants can reach. G. All swing seats at the Program site must be constructed of durable, lightweight, relatively pliable material. H. Program employees must have First Aid supplies readily available to staff in a designated location. Program employees must have an immediately accessible guide to First Aid and emergency care. Page 10 TM 42882.2.000 I. Restrooms will be inspected on a frequent basis to insure that no undesirable activity is occurring. Manual logs will be included with inspection reports indicated above to show that staff checks restrooms. Fire A. In case of fire, danger of fire, explosion, or other emergency, Program employees’ first priority is to evacuate the participants to a designated safe are. B. The Program site will have an annual fire inspection by the local Coppell Fire Marshall, and the resulting report will detail any safety concerns observed. The report will be forwarded to the Director of Parks & Recreation who will review and establish deadlines and criteria for compliance. Information from this report will be included in the Director of Parks & Recreation annual report to the Council. C. The Program site must have at least one fire extinguisher approved by the Fire Marshall readily available to all Program employees. The fire extinguisher is to be inspected monthly by the Site Director, and a monthly report will be forwarded to the Recreation Manager who will keep the report on file for a minimum of two years. All Program employees will be trained in the proper use of fire extinguisher. D. Fire drills will be initiated at Program sites based on the following schedule: (1) Summer Recreation Program: A fire drill twice during the session. Health A. Illness or Injury (1) A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the Program. (2) Illnesses and injuries will be handled in a manner to protect the health of all participants and employees. Page 11 TM 42882.2.000 (3) Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the Program Manual. (4) Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. B. Program employees will administer medication only if: (1) Parent(s) complete and sign a medication form that provides authorization for staff to dispense medication with details as to time and dosages. The form will include a hold harmless clause to protect the City. (2) Prescription medications are in the original containers labeled with the child’s name, a date, directions, and the physician’s name. Program employees will administer the medication only as stated on the label. Program employees will not administer medication after the expiration date. (3) Nonprescription medications are to be labeled with the child’s name and the date the medication was brought to the Program. Nonprescription medication must be in the original container. Program employees will administer it only according to label direction. (4) Medication dispensed will be limited to routine oral ingestion not requiring special knowledge or skills on the part of Program employees. The Program employees will administer no injections. (5) Program employees must ensure medications are inaccessible to participants, or if it is necessary to keep the medications in the refrigerator (when available), medications will be kept separate from food. C. Toilet Facilities (1) The Program site will have inside toilets located and equipped so children can use them independently and Program staff can supervise as needed. (2) There must be one flush toiled for every 15 females and 15 males. Urinals may be counted in the ratio of toilets for males, but they must not exceed 70% of the total number of toilets. Page 12 TM 42882.2.000 (3) An appropriate and adequate number of lavatories will be provided. (4) Hand cleanser is required at all times. D. Sanitation (1) The Program facilities must have adequate light, ventilations, and heat. (2) The Program must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and ensure that it will be supplied to the participants in a safe and sanitary manner. (3) Program employees must see that garbage is removed from buildings daily. E. Water Safety (1) An adult waterfront director shall be in charge of all waterfront activities. While waterfront activities are in progress, the waterfront director or an adult certified lifeguard assistant shall be in the immediate vicinity of the campers, supervising the program. (2) All campers’ swimming ability will be tested on their first fieldtrip to the pool. Children shall then be confined to the limits of swimming skills for which they have been classified. SECTION 2. 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 of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the Page 13 TM 42882.2.000 remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. That this ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2010 APPROVED: ____________________________________ JAYNE PETERS, MAYOR ATTEST: ____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY Page 14 TM 42882.2.000 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING March 9, 2010 9/C ✔ ORDINANCE Consider approval of an Ordinance for Case No. S-1250-PD-228-HC, Subway, a zoning change from PD-228-HC (Planned Development-228-Highway Commercial) to S-1250-PD-228-HC (Special Use Permit-1250-Planned Development-228-Highway Commercial), to allow a 1,805-square-foot restaurant with drive-thru, to be located at 760 N. Denton Tap Road, Suite #100 and authorizing the Mayor to sign. On January 21, 2010, the Planning Commission unanimously recommended approval of this ZONING CHANGE (6-0). On February 9, 2010, City Council unanimously approved this ZONING CHANGE (7-0). Staff recommends APPROVAL. @S-1250-PD-228-HC ORD-1 AR (con) 1 TM 42036.2.21710 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-228-HC (PLANNED DEVELOPMENT-228-HIGHWAY COMMERCIAL) TO S-1250-PD-228-HC (SPECIAL USE PERMIT-1250-PLANNED DEVELOPMENT-228- HIGHWAY COMMERCIAL), TO ALLOW A 1,805-SQUARE-FOOT RESTAURANT WITH A DRIVE-THROUGH, TO BE LOCATED AT 760 N. DENTON TAP ROAD, SUITE #100, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE FLOOR PLAN, SITE PLAN, ELEVATIONS, SIGN PLAN, MENU BOARD PLAN, AND VEHICULAR CONTROL PLAN, ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, “E”, “F” AND “G”, RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. S-1250- PD-228-HC should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from PD-228-HC (Planned Development-228-Highway Commercial) to S-1250-PD-228-HC (Special Use Permit-1250- Planned Development-228-Highway Commercial), to allow a 1,805-square-foot restaurant with drive-thru, to be located at 760 N. Denton Tap Road, Suite #100, and being more particularly 2 TM 42036.2.21710 described in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to special conditions. SECTION 2. That S-1250-PD-228-HC is s hereby approved subject to the following special conditions: A) The development of this restaurant shall be in accordance with the Floor Plan, Site Plan, Elevations, Sign Plan, Menu Board Plan, and Vehicular Control Plan. B) The restaurant shall be 1,805-square-feet and will have dine-in, take-out and drive- through service. C) The hours of operation shall be between the hours of 6:30 a.m. to 10 p.m., seven days a week. SECTION 3. That Floor Plan, Site Plan, Elevations, Sign Plan, Menu Board Plan, and Vehicular Control Plan, attached hereto as Exhibits “B”, “C”, “D”, “E”, “F” and “G”, and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so 3 TM 42036.2.21710 decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2010. APPROVED: _____________________________________ JAYNE PETERS, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb [reviewed only] 5/1/09) LEGAL DESCRIPTION EXHIBIT “A” 760 N. Denton Tap Road, Suite 100 Coppell, Texas 75019 Being located in Lot 7, Block A of the Vista Ridge Retail Addition An addition in the City of Coppell, Dallas County Texas 30"x42"HIGH5A 6B 6B 6BRRL RL RM R FR BRBRBR30"x42"HIGH5A 6B 6B 6B 30"x42"HIGH5A 6B 6B 6BSTD MRH LH L R30"x42"HIGH 5A6B6B6BM CR LCR Subway #22524 760 N. Denton Tap Rd. @ Highland Dr. Coppell, TX R. Hayner Construct & Install Using Only U.L. Listed Components & In Accordance w/ National Electrical Sign Code N/A Rick Sutton WEST (FRONT) ELEVATION N.T.S. Kristy Crep 01/06/10- REDUCED SIGN SIZES 26’-0” STOREFRONT 2’-4”(1) 20amp 120v dedicated circuit required 01 9881 10’-9”EQ EQ eqeq0912-022r1 01-06-10 2’-4” x 10’-9”= 24SINCESINCE of 00 Subway #22524 760 N. Denton Tap Rd. @ Highland Dr. Coppell, TX 0912-022r1 01-06-10R. Hayner Construct & Install Using Only U.L. Listed Components & In Accordance w/ National Electrical Sign Code N/A Rick Sutton WEST (FRONT) ELEVATION N.T.S. Kristy Crep 71’-0” STOREFRONT 2’-4”(1) 20amp 120v dedicated circuit required 02 9881 48’-0”eqeq10’-9” 2’-4” x 10’-9”= 24 RIGHT JUSTIFY SIGN WITH WINDOW SINCESINCE of 00 A FLAT CUT-OUT GRAPHICS FOR DOUBLE-FACE TENANT SIGNS .125” ALUM. F.C.O. PTD. BLACK & MTD. TO EXISTING BRICK MONUMENT w/SILICONE TENANT LETTERS SCALE: 1 ½”= 1’-0”6 ¼”3’-4 ½” PANEL 8 ½” PANELDOUBLE-FACE MONUMENT SIGNS N.T.S. Subway #22524 760 N. Denton Tap Rd. @ Highland Dr. Coppell, TX R. Hayner N/A Rick Sutton Kristy Crep 04 9881 FOUR SETS REQUIRED FOR TWO DOUBLE-FACE SIGNS ALL PANELS STREET SIDEDENTON TAP 121 BYPASS 2’-10” 6 ¼” x 2’-10”= 1.5 0912-022r1 01-06-10 SINCESINCE of 00 (2) SOUTHCO 1/4-20 FASTENERS PER DOOR (2) TRANSLITE BACKERS PER DOOR FORMED CLEAR S/G POLY. (2) TRANSLITES PER DOOR SUPPLIED BY CUSTOMER 22 GA. GALVANNEAL STEEL BACK PANEL 7.375 EXTRUDED ALUMINUM CABINET WITH STEEL INTERNAL YOKE MOUNTING STRUCTURE SPEAKER PANEL CUSTOMER TO SUPPLY SPEAKER/MIC GRILLE LOCATION(S) & SIZE REQUIREMENTS SPEAKER/MIC EQUIPMENT SUPPLIED BY OTHERS CUSTOMER TO SUPPLY ANY VINYL COPY OR LOGO REQUIREMENTS (2) EXTRUDED ALUMINUM SERVICE DOOR FRAMES LIFTING EYEBOLTS FOR INSTALLATION (2) 3" X 3" X 3/16" WALL STEEL DIRECT BURIAL MOUNTING POLES WITH 6" X 6" X 1/2" STEEL TOP PLATES TRANSLITE CARRIER CLEAR S/G POLY. WITH TRANSLITE MOUNTING RAILS AND OPAQUE BLACK MASKING(2) SERVICE DOOR WINDOWS CLEAR S/G POLY. ELECTRICAL SPECIFICATIONS: (2) ELECTRONIC FLUORESCENT BALLAST (4) FO32/741 T8 FLUORESCENT LAMPS TOTAL CONNECTED LOAD: 2.3 AMPS @ 120 VOLTS - 60 HZ FINISH: ALL EXPOSED SURFACES OF MENU BOARD CABINET, DOOR FRAMES AND MOUNTING POLES TO BE POWDER COATED PER CUSTOMERS COLOR SPECIFICATION NOTE: SIGN SHOWN IN TWIN POLE MOUNTING CONFIGURATION SAME CABINET IS USED FOR WALL MOUNT INSTALLATIONS 53.000 60.375 PER SITE CONDITIONS & CODES CONCRETE FOUNDATION SIZED SUBWAY 60.375 X 53.000 D/T MENU BOARD Pardeeville, Wi. 53954 401 South Main St. Everbrite 3/18/08JLB CKD DT TITLE DRN ORD 608-429-2121 P.O. Box 100 DT ---ITEM REVDRWG NRSCALE PP238541P-DT1:7 These drawings are the exclusive out express written permission of Everbrite, Inc. is prohibited. or duplication in any manner with- property of Everbrite, Inc. Use of, FILE R VIEWS & DIMENSIONS SHEET 1 OF 1 C:\Documents and Settings\jbrant\Desktop\New Briefcase\Pp238541p subway d-t menu bds\PP238541P-DT.SLDDWG FILE LOCATION - 27.250 87.625 57.000 CODES PER SITE CONDITIONS & 30.000 SUBWAY 1805 Drive-Thru Directional Signage I I II~ III III ~Im III I I I Alternative Directional Indicators: (Vehicle Stacking) Do Not 1. Painted Pavement = Enter Here, Do Not Enter, Drive Thru & Arrows ( Enter 2. Directional Signs to meet City Specifications (C::J). Fire Lane Stripes ( _ as'VWQ I I I I I I I I I I Cli I • ~ DRIVE THRU ¢::J --i'e o' ----- ). ga:a .:.~.~.=;;;...=.~ ........, 210' 140' RETAIL 20,200 S.F. FF= 474.00 ~~--~~ "1:.1..1"\1"1:. '\\ ' "-Of" r • , I ACCESS EStJ T. Y PL T ~ •I ~ WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary March 9, 2010 10 ✔ PUBLIC HEARING Consider approval of a Resolution granting a variance of three hundred (300') feet to Goodfish 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 171 N. Denton Tap Road, Suite 600; and authorizing the Mayor to sign. This variance is being filed for Goodfish, a seafood restaurant, which is opening in the center located at the southwest corner of Denton Tap Road and Town Center Drive. The property in which this restaurant will be located shares a property line with the Children's Courtyard and Coppell Montessori School. This location also houses Cool Bamboo who has previously been granted a variance for their mixed beverage permit. Staff recommends approval. %goodfish 23jia~fi '*C +fV ,mu YLllUU ,,,I.",' I,,".- ..,-. ....$.#, . "19,.7,. dJ*CI, On-Premise Prequalification Packet L-O~ tsnoos, /___ __ -_ ~~~~~~~~~~~~~~ -__ _ ____ _I___ __ ____--______ _.l_l___-l _ __ Please complete this Prequaliflcatlon Packet with informatlon concerning your proposed business iocatlon for which you are applying to selllserve alcoholic beverages. Thls informatlon wlll be used to obtain your pre- I qualiflcatlon to hold a Ilcenselpermlt. You will submit this Information to the proper governmental entlties for certlficatlon that your proposed locatlon is legal for the type of Ilcenselpermit for which you are applying. Permit applicants will also provide this packet to their local newspaper for certification that you have published the required notlce. Please immediately contact your local TABC office to determine if you must post a 60 Day Sign at your proposed location, and for more information. - .- *- ---.-.-. - -.-- ------."- ---- - - -------.-*--.- .---. --*.. - -.-,-- - -.-.---- --+ -*r-- .- ., .g: % - LOCATION INFORMATION .k * -: " d. ' b *. L -- - --." *-L.__--._-. _.U-_IAL--_I .--A_I*-C.Ii--. __I_LP.-- Type of On-Premise LicenseIPermit BG Wine and Beer Retailer's Permit LB Mixed Beverage Late Hours Permit BE Beer Retail Dealer's On-Premise License MI Minibar Permit I BL Retail Dealer's On-Premise Late Hours License I Caterer's Permit I BP Brewpub License p F% Food and Beverage Certificate , V Wine 8 Beer Retailer's Permit for Excursion Boats Beverage Cartage Permit Y Wine 8 Beer Retailer's Permit for Railway Dining Car p RM Mixed Beverage Restaurant Permit with FB I MB Mixed Beverage Permit I -- - -- - lndi te Primary Business at this Location I flReetawant Sporting Arena, Civic Center, Hotel Bar Miscellaneous I Sexually Oriented I Trade Name of Location 6bD F~A / Location Address I I -- -- city -- ----I @H=L - - 1 Mailing Address I SaWiL- - - .- . . -- - - L -,.I_-.---- - L ~. / Business Phone No. / Alternate Phone No. I E-mail Address 1 I Type of Owner I Individual , CitylCountylUniversity Partnership B$~:,"d"?~iIity Company Other LimW Partnership Joint Venture 1 Limited Liability Partnership Trust i C - I I EntityIApphcant 60 Day Sign Date (TABC USE ONLY) 1 Page 1 of 4 Form L-ON 1 If Applicant IsMlho Must Be -- Listed . - Below . - (attach L-OIC-if additjonal space Is needed). lndividual/lnd'tvidual Ow~er -_ - - . . ! Limited Liability CompanyIAll Officers or Managers - I PartnershipIAll partners --- --- .-- - I Joint VentureNenturers- _ . - . - - - - - - - - - - / - ~imit=d-~artne-rshipl~ll ~e~era~~altners -. 1 ~rustrrrustee(s) --- - - . i --- CoporationIAll Officers 1 City, County, ~niversityl~fficial - Last Name ~//o~on Last Name Fkst Name I MI & JJ le Title &tmAfl+? First Name I 1 MI , Title NOTICE OF PUBLIC HEARING The City Council of the city of Coppell will hold a public hearing on Tuesday, the 9th day of March, 2010, at 7:30 p.m., in the Coppell Town Center, for the purpose of considering a variance filed by Goodfish who has submitted an application for Mixed Beverage Restaurant permit with FB at 171 N. Denton Tap, Suite 600, 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). THE CHILDREN'S COURTYARDCOPPELL MONTESSORI ACADEMYGoodfishDenton Tap RdKingsridge DrTown Center BlvdShadydale LnBlack Oak Cir0 100 200 300 40050FeetµGoodfish RESOLUTION NO. ______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, GRANTING A DISTANCE VARIANCE OF THREE HUNDRED (300’) FEET TO GOODFISH, LOCATED AT 171 N. DENTON TAP, SUITE 600, 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, Goodfish (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 three hundred (300’) feet shall be granted to Goodfish, located at 171 N. Denton Tap, Suite 600, 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 9th day of March, 2010. APPROVED: ___________________________________ JAYNE PETERS, MAYOR ATTEST: ___________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY 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 March 9, 2010 11 ✔ PUBLIC HEARING Consider approval of Case No. S-1023R-R Chevron, zoning change request from S-1023-R (Special Use Permit-1023-Retail) to S-1023R-Retail (Special Use Permit-1023-Revised Retail), to allow a change in use of the existing 765-square-foot Car Wash building to a State Vehicle Inspection Station on 0.7 acres of property located at 101 E. Belt Line Road being the southeast corner of S. Belt Line and E. Belt Line Roads. The following P&Z condition remains outstanding: 1. The landscaping is to be in compliance with the approved landscape plan prior to the issuance of a Final Certificate of Occupancy. On February 18, 2010, the Planning Commission unanimously recommended approval of this ZONING CHANGE (6-0), subject to the above-stated condition. Commissioners Tankersley, Haas, Frnka, Sangerhausen, Duncan and Kittrell voted in favor, none opposed. Staff recommends APPROVAL. @01 S-1023R-R, Chevron-1 AR ITEM # 4 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1023R-R, Chevron P&Z HEARING DATE: February 18, 2010 C.C. HEARING DATE: March 9, 2010 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: 101 E. Belt Line Road SIZE OF AREA: 0.7 acres of property CURRENT ZONING: S-1023-R (Special Use Permit-1023-Retail) REQUEST: A zoning change to S-1023R-Retail (Special Use Permit-1023- Revised Retail), to allow a change in use of the existing 765- square-foot Car Wash building to a State Vehicle Inspection Station. APPLICANT: Nasim Shakeeb Chevron 101 E. Belt Line Road Coppell, Texas 75019 469-235-7626 FAX: 972-332-3664 HISTORY: On December 12, 1987, Council approved Ordinance 297-A-72 which established S-1021 for a gasoline service station, S-1024 for a Convenience Store and S-1023 for a Car Wash. S-1023 is the subject of this rezoning request. TRANSPORTATION: South Belt Line and East Belt Line Roads are designated as P6D, six lane divided thoroughfares with 110’ rights-of-way. ITEM # 4 Page 2 of 3 SURROUNDING LAND USE & ZONING: North – Texaco Gas Station and Chicken Express; C (Commercial) South and East – Retail Shopping Center; R (Retail) West – undeveloped; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended, shows the property as suitable for neighborhood retail uses. DISCUSSION: This is a fairly simple request. The owner/operator of this business desires to change the use of the existing carwash building to a State Inspection Station. As explained by the applicant, this inspection station will only perform inspections on cars 1996 and newer, which utilizes computer technology, not requiring the revving of engines within the building. The external changes to the building will be limited to replacement of the existing man-door and signage. The north elevation, which faces internal to the site contains an existing 20 square-foot blue and white car wash sign to be removed. No additional permanent signs will be installed on this elevation. A nine square-foot State Inspection placard will be placed on the southern elevation, which is most visible from northbound Belt Line Road. All existing signage (22 square feet) on the east elevation, which currently serves at the entrance to the car wash, will be removed and no signage will be installed. Finally, the west elevation, which faces Belt Line Road, the existing “do not enter” symbol which is 3.8 square feet, will be removed from the left side of the door, and a nine square-foot State Inspection Placard will be placed on this elevation. In sum, 44 square feet of signs will be removed, and replaced with two nine square foot signs, for a total of 18 square feet. The landscape plan as approved in 1987, complied with the landscaped requirements at that time. However, some of the plants are currently missing. Therefore staff’s recommendation of approval is conditioned upon the landscaping being brought into compliance with the landscape plan prior to the issuance of ITEM # 4 Page 3 of 3 a Final Certificate of Occupancy for this proposed Car Inspection Station. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of S-1023R-R, Chevron subject to: 1. Landscaping to be incompliance with the approved landscape plan prior to the issuance of a Final Certificate of Occupancy. 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. Letter from applicant, Nasim Shakeeb 2. Site Plan 3. Photos of Elevations with existing and proposed attached signs 4. Existing Landscape Plan WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING March 9, 2010 12 ✔ PUBLIC HEARING Consider approval of Case No. S-1197R-PD-133R2-HC, Pizza Hut, zoning change request from S-1197-PD-133R2-HC (Special Use Permit 1197-Planned Development-133 Revision 2-Highway Commercial) to S-1197R-PD-133R2-HC (Special Use Permit-1197 Revised-Planned Development-133 Revision 2-Highway Commercial), to allow a 964-square-foot restaurant (take-out and delivery only) to be located at 651 N. Denton Tap Road, Suite #130. The following P&Z conditions remain outstanding: 1. Contact the Environmental Health Department for grease trap size requirements. 2. The development shall be in accordance with the Floor Plan, Site Plan and Sign Plan. 3. The hours of operation shall not exceed 11:00 a.m. to 10 p.m. Sunday through Thursday and 11 a.m. to 11 p.m. Friday through Saturday. On February 18, 2010, 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. @02 S-1197R-PD-133R2-HC, PH-1 AR ITEM # 6 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1197R-PD-133R2-HC, Pizza Hut P&Z HEARING DATE: February 18, 2010 C.C. HEARING DATE: March 9, 2010 STAFF REP.: Matt Steer, City Planner LOCATION: 651 N. Denton Tap Road, Suite 130 SIZE OF AREA: 2.0315 acres of property; 964-square-foot lease space in this request CURRENT ZONING: S-1197-PD-133R2-HC (Special Use Permit 1197-Planned Development-133 Revision 2-Highway Commercial) REQUEST: A zoning change to S-1197R-PD-133R2-HC (Special Use Permit- 1197 Revised-Planned Development-133 Revision 2-Highway Commercial), to allow a 964-square-foot restaurant (take-out and delivery only). APPLICANT: Representative: The Dimension Group Mike Oxley 10755 Sandhill Rd. Dallas, Texas 75238 Phone: 214-343-9400 FAX: 214-341-9060 HISTORY: This property was zoned PD-Highway Commercial in the mid- 1990's as part of an 87-acre tract zoned for single family and flood plain/park uses. The initial application for this PD indicated single family for the areas adjacent to S.H. 121 and Denton Tap Road. However, Highway Commercial zoning was ultimately established on this tract to provide a buffer between the residential and the high traffic intersections. ITEM # 6 Page 2 of 3 On February 17, 2000, the Planning and Zoning Commission recommended denial of a request for a Special Use Permit for a Burger King restaurant on a 0.92 acre tract, south of the retail center under construction on Denton Tap Road. This request was not appealed to the City Council. Subsequently, on November 12, 2002, a special use permit was approved for a restaurant and private club (Deliman’s Grill) on this site. On May 9, 2000, City Council approved a detail plan for a 15,600 square-foot retail building on approximately 2.1 acres of property along Denton Tap Road, which contains the current request lease area. On December 11, 2001, Council approved a detail plan for a 6,000-square-foot Community Credit Union (now known as Viewpoint Bank) to be located at the southwest corner of S.H. 121 and Denton Tap Road, located to the north of the existing retail center containing the current area of request. On March 19, 2002, Council approved a special use permit for a 1,088 square-foot donut shop to be located in this lease space. This was never constructed. TRANSPORTATION: Denton Tap Road is a P6D, six-lane divided thoroughfare contained within a 100-120 foot right-of-way. SURROUNDING LAND USE & ZONING: North- Viewpoint Bank; PD-133R3-HC (Planned Development-133 Revision 3 – Highway Commercial) South – Deliman’s Grill; PD-133R4-HC (Planned Development-133 Revision 4 – Highway Commercial) East – Town Center Bank; HC (Highway Commercial) West - Single-family; PD- 133, Magnolia Park COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended, shows the property as suitable for freeway commercial uses. DISCUSSION: This is a straightforward request for a Pizza Hut (pick-up and delivery) within the existing Magnolia Retail Center. Previously, a donut shop was approved for this center, but never constructed. The parking analysis submitted indicates sufficient parking available for a restaurant use. The signage is acceptable and meets the maximum square footage requirements of the Zoning Ordinance that calls for one square foot per linear foot frontage of lease space. The proposed lease space width is 14’ 9” and the ITEM # 6 Page 3 of 3 proposed sign is 13.25 square feet. The hours of operation are to be 11 a.m. to 10 p.m. Sunday though Thursday and 11 a.m. to 11 p.m. Friday and Saturday. Staff is recommending approval with three conditions outlined below. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL subject to the following conditions: 1. Contact the Environmental Health Department for grease trap size requirements. 2. The development shall be in accordance with the Floor Plan, Site Plan, and Sign Plan. 3. The hours of operation shall not exceed 11:00 a.m. to 10 p.m. Sunday through Thursday and 11 a.m. to 11 p.m. Friday through Saturday. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Site Plan/Parking Analysis/Floor Plan/Sign Plan WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING March 9, 2010 13 ✔ PRESENTATION Consider approval of the Wagon Wheel Park, Tennis Center Expansion, Site Plan Amendment, to allow the addition of four regular-size and three half-size tennis courts, a 1,133- square-foot expansion to the existing 1,084-square-foot pro shop to include tennis equipment sales, two 288-square-foot bleacher shade canopies, a 96-square-foot storage building, a 600-square-foot pavilion and additional walkways on 7.5 acres of property located at 950 Creekview Drive. There are no outstanding P&Z conditions. On February 18, 2010, the Planning Commission unanimously recommended approval of this SITE PLAN AMENDMENT (6-0). Commissioners Tankersley, Haas, Frnka, Sangerhausen, Duncan and Kittrell voted in favor, none opposed. Staff recommends APPROVAL. @03 WWPTC Expansion, SPA-1 AR ITEM # 7 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Wagon Wheel Park, Tennis Center Expansion, Site Plan Amendment P&Z HEARING DATE: February 18, 2010 C.C. HEARING DATE: March 9, 2010 STAFF REP.: Matt Steer, City Planner LOCATION: 950 Creekview Drive SIZE OF AREA: 7.5 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: A Site Plan Amendment to allow the addition of four (4) regular- size and three (3) half-size tennis courts, a 1,133- square-foot expansion to the existing 1,084-square-foot pro shop to include tennis equipment sales, two bleacher shade canopies, a storage building and additional walkways. APPLICANT: Owner: Engineer: City of Coppell Parks Dept. Kimley Horn Associates Ester Moreno John Fielder 816 S Coppell Road 2201 W Royal Lane, Suite 275 Coppell, TX 75019 Irving, TX 75063 Phone: 972-462-5100 Phone: 214-420-5600 Fax: 972-462-5149 Fax: 214-420-5680 HISTORY: Phase One of Wagon Wheel Park, a 100-acre city property, was constructed in 1999. It consisted of two baseball fields, two soccer fields and a parking lot. Since that time, three soccer fields (currently six smaller fields) with spectator shelters, ITEM # 7 Page 2 of 4 multiple soccer practice fields, four baseball fields, a batting cage, a concession stand/restroom facility, a tennis center (eight courts with a club house), various parking areas and miscellaneous maintenance facilities have been built. In August 2008, a 4,000-square-foot maintenance/storage facility was approved on the north end of the park. TRANSPORTATION: Creekview Drive is currently designated on the Thoroughfare Plan as a two-lane undivided collector, and is built to standard. SURROUNDING LAND USE & ZONING: North - Wagon Wheel Park; LI (Light Industrial) South - Vacant; PD-185R-LI (Planned Development- 185-Revised-Light Industrial) East - Wagon Wheel Park; LI (Light Industrial) West – Derse Exhibits Office/Warehouse; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended, shows the property as suitable for park/open space. DISCUSSION: This is a significant expansion to the existing Wagon Wheel Tennis Center site consisting of a 1,133-square-foot expansion to the existing club house, four new courts, three half courts with a backboard practice area, a 20’x30’ pavilion structure, two 12’x24’ bleacher structures, and a small 8’x12’ storage building. Additional walkways are proposed to connect with the existing layout and are well integrated. The building expansion is proposed to match the existing building in materials and design. This will be utilized as a pro-shop with equipment sales such as tennis rackets, tennis apparel and accessories. The four new courts are proposed to be constructed, extending into the wooded area to the northwest. These are proposed to be at the same grade as the existing courts creating the need for a significant amount of fill. The trees to be removed consist of 23 Mesquite, six Hackberry and nine Elm trees, none of which are considered specimen trees. The area north of the proposed expansion will continue to be heavily treed. The pavilion is 20’x30’ and will have stone columns and standing seam roof to match the pro-shop. The proposed small storage building is labeled on the site plan to be metal or wood to match the building. Staff recommends the wood construction with a stain to match the main building. The proposed fencing is to match what is on the ground today with black vinyl coated chain link in ITEM # 7 Page 3 of 4 places with a wind screen and decorative metal in other places. The two 12’x24’ bleacher shade covers are proposed to be very simple in design with a steel pole and sumbrella or fabric top. As mentioned in the Development Review Committee meeting, due to the size of the proposal, staff recommends that the columns be wrapped with the same stone as the proposed pavilion fulfilling the 80% masonry requirement. This would be recommended of a private developer with the same proposal and staff believes an identical condition is warranted in this case. Parking is sufficient to accommodate the proposed expansion with the sharing of parking to the east between the tennis center and the soccer fields. No specific requirements are outlined in the Zoning Ordinance for tennis facilities, but staff has analyzed other municipal requirements and discovered that they are different in each city – ranging from two to six required per court; some including the on-site facility and others not. Staff analyzed this specific request in two different ways. First, by requiring four spaces per court and none for the pro-shop, coming to 48 required. And second, by requiring three spaces per court with the 2,217-square-foot pro-shop calculated separately as a retail use (one space required per 200 square feet), coming to 47 required. Therefore, with the parking provided immediately in-front of the center (40 spaces) and with the parking area adjacent to the east (24 spaces), staff is comfortable in allowing for the expansion without the need to construct additional parking. An aerial is attached for your reference. In sum, with the revision of the shade canopies to be clad in stone and the storage facility constructed of wood (stained to match the pro-shop), staff is recommending approval of this request, and feels this proposal is a valuable addition to an already exceptional facility. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the Wagon Wheel Site Plan Amendment subject to the following conditions: 1. Modify the bleacher shade structures to include stone wrapped columns to match the pavilion and pro-shop. Color of canopy shall be earth toned and specified on the elevations. 2. Ensure the storage facility is constructed of wood and stained to match the pro- shop. ITEM # 7 Page 4 of 4 ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Aerial of Existing Conditions 2. Site Plan 3. Landscape Plan 4. Tree Survey 5. Elevations LIPD-185R-LIPD-186R5-LICreekview DrFreeport PkwyRuby RdµTennis ExpansionPrepared in the Planning DepartmentDate: Feb. 11, 20100 300 600150 Feet COPPELL TENNIS CENTERIMPROVEMENTSCITY OF COPPELL, TXSITE PLANSP-1 GENERAL SITE DATA BUILDING KIMLEY-HORN AND ASSOCIATES 2201 West Royal Lane, Suite 275, Irving, Texas 75063 Phone:(214) 420-5600 Fax:(214) 420-5680 CITY OF COPPELL PARKS AND RECREATION 255 PARKWAY BLVD., COPPELL, TX 75019 Phone:(972) 462-5100 FAX: (972) 462-5149 OWNER / APPLICANT ENGINEER / LANDSCAPE ARCHITECT PARKING COPPELL TENNIS CENTERIMPROVEMENTSCITY OF COPPELL, TXLANDSCAPE PLANSP-3 KIMLEY-HORN AND ASSOCIATES 2201 West Royal Lane, Suite 275, Irving, Texas 75063 Phone:(214) 420-5600 Fax:(214) 420-5680 CITY OF COPPELL PARKS AND RECREATION 255 PARKWAY BLVD., COPPELL, TX 75019 Phone:(972) 462-5100 FAX: (972) 462-5149 OWNER / APPLICANT ENGINEER / LANDSCAPE ARCHITECT COPPELL TENNIS CENTERIMPROVEMENTSCITY OF COPPELL, TXTREE SURVEYSP-4 KIMLEY-HORN AND ASSOCIATES 2201 West Royal Lane, Suite 275, Irving, Texas 75063 Phone:(214) 420-5600 Fax:(214) 420-5680 CITY OF COPPELL PARKS AND RECREATION 255 PARKWAY BLVD., COPPELL, TX 75019 Phone:(972) 462-5100 FAX: (972) 462-5149 OWNER / APPLICANT ENGINEER / LANDSCAPE ARCHITECT COPPELL TENNIS CENTERIMPROVEMENTSCITY OF COPPELL, TXELEVATIONS AND DETAILSSP-5 KIMLEY-HORN AND ASSOCIATES 2201 West Royal Lane, Suite 275, Irving, Texas 75063 Phone:(214) 420-5600 Fax:(214) 420-5680 CITY OF COPPELL PARKS AND RECREATION 255 PARKWAY BLVD., COPPELL, TX 75019 Phone:(972) 462-5100 FAX: (972) 462-5149 OWNER / APPLICANT ENGINEER / LANDSCAPE ARCHITECT WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING March 9, 2010 14 ✔ ORDINANCE Consider approval of an Ordinance for Case No. S-1033R3-SF-12, Manara Academy, a zoning change from S-1033R2-SF-12 (Special Use Permit-1033 Revision 2-Single Family-12) to S-1033R3-SF-12 (Special Use Permit-1033 Revision 3-Single Family-12), to allow a Charter School for Grades K-8, with a enrollment capacity of 500, to continue to occupy this building through the 2014 school year, on 4.85 acres of property located at 140 S. Heartz Road and authorizing to sign. On January 21, 2010 the Planning Commission unanimously recommended approval of this ZONING CHANGE (6-0). On February 9, 2010, City Council approved this ZONING CHANGE (6-1). Staff recommends APPROVAL. @04 S-1033R3-SF-12, MA ORD-1 AR 1 TM 42022.2.21610 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM S-1033R2-SF-12 (SPECIAL USE PERMIT-1033 REVISION 2-SINGLE FAMILY-12) TO S-1033R3 SF- 12 (SPECIAL USE PERMIT-1033 REVISION 3-SINGLE FAMILY-12), TO ALLOW A PUBLIC CHARTER SCHOOL TO CONTINUE TO OCCUPY THE EXISTING BUILDING LOCATED AT 140 S. HEARTZ ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, FLOOR PLAN, AND ELEVATIONS/SIGN PLAN, ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, and “E”, RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. S-1033R3- 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: 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 zoning change request from S- 1033R2-SF-12 (Special Use Permit-1033 Revision-2 Single Family-12) to S-1033R3 SF-12 2 TM 42022.2.21610 (Special Use Permit-1033 Revision 3-Single Family-12), to allow a public Charter School to occupy a building on property located at 140 S. Heartz Road and being more particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to special conditions. SECTION 2. That Special Use Permit 1033R3 SF-12 is hereby approved subject to the following special conditions: A) This charter school shall be licensed and maintained in accordance with state law and may provide instruction for Kindergarten through eighth (8th) grade. B) The student enrollment capacity under this Special Use Permit shall not exceed five hundred (500) students. C) Religious services and related activities shall be permitted to remain as an ancillary use. D) This Special Use Permit shall expire on June 30, 2014 E) Solid screening gates shall be installed on the dumpster. F) That the occupants shall comply in all respects to development of the site in accordance with the approved site plan, landscape plan, floor plan and elevations/sign plan. SECTION 3. That the Site Plan, Landscape Plan, Floor Plan and Elevations/Sign Plan, and notes set forth therein, attached hereto as Exhibits “B”, “C”, “D”, and “E”, respectively, and made a part hereof for all purposes, are hereby approved as special conditions. 3 TM 42022.2.21610 SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by 4 TM 42022.2.21610 a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2010. APPROVED: _____________________________________ JAYNE PETERS, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb) MANARA ACADEMY WEST (FRONT) ELEVATION 3SCALE: /64”= 1’-0”15’-0”113’-6” FRONT Manara Academy 140 S. Heartz Coppell, TX Rick Sutton R. Hayner N/A 0904-013r1p1 04-08-09 Kristy Crep 7302 04/08/09- CHANGED CONFIGURATION & REMOVED BOTTOM PANEL 3/64”= 1’-0” MANARA ACADEMY 3.8 + 19.8= 40.2 SIGN CENTERED OVER DOORS 3’-0” ABOVE SEAMSINCESINCE SINCESINCE (As shown) Manara Academy 140 S. Heartz Coppell, TX Rick Sutton R. Hayner N/A 0904-013r1p2 04-07-09 Kristy Crep 7302 F.C.O. GRAPHICS SCALE: ½”= 1’-0” DARK GREEN MINT GREEN CHROME YELLOW VINYL GRAPHICS COLORS 24 88 165 LOGO TORCH & “MANARA” LOGO “MANARA” CAPSULE LOGO ARC; MAIN COPY LOGO BOOK BOTTOM EDGE DOVE GREY28 LOGO PANEL O/L BLACK EXPOSED (REMAINS BLACK)-LOGO O/L & OTHER LOGO 03 3.8 + 19.8= 40.23’-3”17’-0”1’-9”14”4”2’-2” MANARA ACADEMY 1’-2” x 17’-0”= 19.8 SQ. FT. 1’-9” x 2’-2”= 3.8 SQ. FT. SECTION N.T.S. A C E B D G F VINYL OVERLAY ON FACES OF F.C.O. ON LOGO (COLORS LISTED) 1” DEEP PANNED ALUM. PANEL PTD. SPRAYLAT RAL 1015 LT. IVORY ½” CLEAR ACRYLIC FLAT CUT OUT LOGO GRAPHICS PTD. BLACK SATIN A C B F.C.O. GRAPHICS D LOGO F.C.O. PIN MOUNTED TO PANEL PANEL HIDDEN CLIP MTD. w/SCREWS IN ANCHORSE F ½” CLEAR ACRYLIC FLAT CUT OUT LETTERS PTD. BLACK SATIN G LETTERS PIN MOUNTED TO WALL w/ ½” STANDOFF ACRYLIC LOGO FCO SCALE: ½”= 1’-0” LOGO PANEL SCALE: ½”= 1’-0” BLACK VINYL ON PANELDOVE GREY VINYL ON PANEL VINYL ON LOGO PANEL SCALE: ½”= 1’-0” VINYL ON LOGO F.C.O. SCALE: ½”= 1’-0” SINCESINCE REPLACEMENT FACE FOR EXISTING DOUBLE-FACE MONUMENT SIGN SCALE: ¾”= 1’-0” 3’-3” x 8’-2”= 26.54 (As shown) DOUBLE-FACE MONUMENT SIGN N.T.S. Manara Academy 140 S. Heartz Coppell, TX Rick Sutton R. Hayner N/A 0904-013r1p3 04-07-09 Kristy Crep 73023’-3”8’-2”4”20”3/16” #7328 WHITE ACRYLIC BACKUP FOR ROUTED GRAPHICS .090 ALUM. REPLACEMENT FACE P.T.M. #76 HOLLY GREEN VINYL w/ROUTED GRAPHICS VINYL GRAPHICS APPLIED 1ST SURFACE TO BACKUP ACRYLIC (COLORS LISTED) A C B REPLACEMENT FACE FOR DOUBLE-FACE MONUMENT SIGN (TWO FACES REQUIRED FOR ONE DOUBLE-FACE SIGN) HOLLY GREEN OLIVE GREEN IVORY SUNFLOWER VINYL GRAPHICS COLORS 76 112 05 25 LOGO TORCH & “MANARA” LOGO PANEL LOGO BOOK PAGES LOGO ARC; MAIN COPY LOGO O/L & OTHER COPY BLACK22 8’-2”4’-3”1’-0”3’-3”9”9” 7’-11” V.O.3’-0” V.O.FACE FITS IN 1 ½” RETAINER; CUT SIZE: 38 ¾” x 97 ½” MANARA ACADEMY 140 S. Heartz 3”MANARA ACADEMY 140 S. Heartz AGENDA REQUEST FORM DATE: March 9, 2010 ITEM #: 15 CITY MANAGER'S REPORT A. Project Update and Future Agendas. Agenda Request Form - Revised 09/027 Document Name: %manrep AGENDA REQUEST FORM DATE: March 9, 2010 ITEM #: 16 MAYOR AND COUNCIL REPORTS A. Report by Mayor Peters regarding the Metroplex Mayors’ Meeting. B. Report by Mayor Peters regarding the Movie Series in Town Center Plaza. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: March 9, 2010 ITEM #: 17 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: March 9, 2010 ITEM #: 18 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: March 9, 2010 Department Submissions: Item No. 9/B was placed on the Agenda for the above-referenced City Council meeting by the Parks Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Parks Department Item Nos. 9/C, 11, 12, 13 and 14 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)