Loading...
CP 2011-05-10 NOTICE OF CITY COUNCIL MEETING AND AGENDA MAY 10, 2011 DOUG STOVER BOB MAHALIK, Place 2 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5 BRIANNA HINOJOSA-FLORES, Place 3 MARVIN FRANKLIN, Place 6 MARSHA TUNNELL, Place 4 KAREN HUNT Place 7 CLAY PHILLIPS, City Manager MEETING TIME AND PLACE: Call to Order 5:30 p.m. Council Chambers (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:30 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, May 10, 2011, 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. ag051011 Page 1 of 6 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Discussion regarding the land purchase agreements associated with Northlake/Cypress Waters. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding the purchase/sale of land in Old Coppell. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. Economic Development Prospects west of Belt Line Road and north of Airline Drive. 2. Economic Development Prospects north of Southwestern Boulevard and east of South Coppell Road. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Coppell Police Department Efforts and Activities. B. Discussion regarding the Keep Coppell Beautiful Appointment. C. Discussion regarding Council Retreat. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. 7. Presentation by Cindy Van Ness, family friend of the Hefner/Long family. 8. Consider approval of a proclamation recognizing the month of May as “OLDER AMERICANS MONTH 2011,” and authorizing the Mayor to sign. 9. Citizens' Appearances. ag051011 Page 2 of 6 ITEM # ITEM DESCRIPTION CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: April 26, 2011. B. Consider approval of a Resolution encouraging the members of the Legislature of the State of Texas to continue stable funding for the Coppell Independent School District, and authorizing the Mayor to sign. C. Consider approval of a Resolution encouraging the members of the Legislature of the State of Texas to continue stable funding for the Lewisville Independent School District, and authorizing the Mayor to sign. D. Consider approval of a Resolution encouraging the members of the Legislature of the State of Texas to continue stable funding for the Carrollton-Farmers Branch Independent School District, and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. PD-250-H, Old Town Addition (Main Street), a zoning change from H (Historic) to PD-250-H (Planned Development-250-Historic), to establish a Conceptual Site/Landscape Plan for a mixed use development on 23.12 acres of property located south of Bethel Road, north of Burns Road between Hammond and South Coppell Roads and authorizing the Mayor to sign. F. Consider approval of a resolution authorizing the City of Coppell to enter into Amendment #2 to an Interlocal Cooperation Agreement for Operation and Maintenance of Traffic Signals between the Texas Department of Transportation, the City of Irving and the City of Coppell as approved by City Council on June 26, 2001 to include maintenance of the proposed traffic signal at Royal Lane and IH 635; and authorizing the Mayor to sign and execute all necessary documents. END OF CONSENT 11. PUBLIC HEARING: Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is the property owned by CABOT 2 TX1B03 LP, described as Block A, Lot 1BR of the Amberpoint Business Park at Coppell Addition (14.6246 acres) and located on the south side of Sandy Lake Road, west of Northpoint Drive. ag051011 Page 3 of 6 ITEM # ITEM DESCRIPTION 12. Consider approval of an Ordinance designating Barcel USA, LLC, Reinvestment Zone No. 64, and authorizing the Mayor to sign. 13. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Barcel USA, LLC, and authorizing the Mayor to sign. 14. PUBLIC HEARING: Consider approval of Case No. PD-185R2-LI, Coppell Industrial Addition (Uline-Tradepoint), a zoning change request from PD-185R-LI (Planned Development-185 Revised-Light Industrial) to PD-185R2-LI (Planned Development-185 Revision 2-Light Industrial), to amend the Detail Site Plan to allow revised parking, landscaping, elevations and signage for the existing 600,000-square-foot building on 30.33 acres of property located at 980 Bethel Road. 15. PUBLIC HEARING: Consider approval of Case No. PD-240R3-HC, North Gateway Plaza, Lot 6, Block A, a zoning change request from PD-240-HC (Planned Development-240-Highway Commercial) to PD-240R3-HC (Planned Development-240 Revision 3-Highway Commercial), to amend the 12.36 acre Concept Plan and to attach a Detail Site Plan on 0.67 acres to allow the development of a 4,171-square-foot medical office located on the west side of Denton Tap Road, approximately 420 feet north of S.H. 121 (755 North Denton Tap Road). 16. Consider approval of the North Gateway Plaza, Lot 6, Block A, Final Plat, to establish various utility and fire lane easements to allow the development of a 4,171-square-foot medical office on 0.67 acres of property located on the west side of Denton Tap Road, approximately 420 feet north of S.H. 121 (755 North Denton Tap Road). 17. PUBLIC HEARING: Consider approval of Case No. PD-227R3-TH-1, Bellacere Addition, zoning change request from PD-227R-SF-12 (Planned Development-227 Revised- Single Family-12) to PD-227R3-TH-1 (Planned Development-227 Revision 3- Townhouse-1), to allow the construction of eight (8) single-family homes and two (2) common area lots on 1.863 acres of property located along the north side of Sandy Lake Road, approximately 150 feet east of Summer Place Drive. ag051011 Page 4 of 6 ITEM # ITEM DESCRIPTION 18. PUBLIC HEARING: Consider approval of Case No. PD-209R4-C, TownOaks Centre, a zoning change request from PD-209R-C (Planned Development Revised-209- Commercial) to PD-209R4-C (Planned Development-209 Revision 4- Commercial), to allow an increase in the allowable size of a proposed attached sign on property located at the southeast corner of Sandy Lake Road and Denton Tap Road. 19. Consider approval of an Ordinance for Case No. PD-238R-HC, Coppell Office Village, a zoning change from PD-238-HC (Planned Development- 238-Highway Commercial) to PD-238R-HC (Planned Development-238 Revised-Highway Commercial), to revise the Detail Site Plan to allow a 40- square-foot internally illuminated glass monument sign with a stone base on 2.02 acres of property located at 225 East S.H. 121 and authorizing the Mayor to sign. 20. Consider approval of awarding Bid #Q-0411-01 "Belt Line Road and Denton Tap Road Brick Paver Replacement" to Jim Bowman Construction Company, L.P. in the amount of $307,430.70, and approval of an incentive bonus amount of up to an additional $45,000 for a total award of $352,430.70, as provided for in the IMF; and authorizing the City Manager to sign and execute any necessary documents. 21. City Manager's Report. A. Project Update and Future Agendas. 22. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors Meeting. B. Report by Mayor Stover regarding Bounce to be held on May 14th at Wagon Wheel Park from 10am - 2pm. C. Report by Mayor Stover regarding the Tennis Center Opening to be held on May 14th. D. Report by Mayor Stover regarding various community events: EGGstravaganza, Earthfest, Relay for Life, National Day of Prayer, the Senior Center Candidate Forum and State of the City. 23. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. 24. Necessary action resulting from Executive Session. ag051011 Page 5 of 6 ITEM # ITEM DESCRIPTION Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 6th day of May, 2011, at __________________. ____________________________________ Christel Pettinos, City Secretary 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). ag051011 Page 6 of 6 KEY TO COUNCIL GOALS ICONS COPPELL VISION 2030 Sustainable City Government • Excellent City Services with high level of Customer Satisfaction • “Green” City Operations and Facilities • Excellent and Well-maintained City Infrastructure and Facilities • Top Quality City Workforce • Financial Resources to Support City Services Business Prosperity • Retention and Attraction of Businesses that generate revenues for the City • Major Retail and Top Quality Business Office Park along I-635 and SH 121 • Old Coppell as a Small Town Village • Community Commercial Centers • House Offices and Home-Based Businesses Community Wellness and Enrichment • Community Gathering Places • Recreation Programs and Services for all Generations • Expand Cultural Arts Amenities and Opportunities • Residents’ Wellness and Longevity • Community Education Programs and Support of Top Quality Schools • Multi-Use Trail Systems Connecting the City Sense of Community • Residents and Businesses Engaging and Contributing to the Coppell Community • Strong Community Events and Festivals • New Residents Welcome and Involved • Effective Community Partnerships • Future Civic Community Leaders’ Development Special Place to Live • Quality Housing for Family Generations • Beautiful Green City • Revitalizing Neighborhoods • Mobility within Coppell • Easy Access to Dallas-Fort Worth Regions AGENDA REQUEST FORM DATE: May 10, 2011 ITEM #: ES-2 EXECUTIVE SESSION A. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Discussion regarding the land purchase agreements associated with Northlake/Cypress Waters. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding the purchase/sale of land in Old Coppell. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. Economic Development Prospects west of Belt Line Road and north of Airline Drive. 2. Economic Development Prospects north of Southwestern Boulevard and east of South Coppell Road. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: May 10, 2011 ITEM #: ES-3 WORK SESSION A. Discussion regarding Coppell Police Department Efforts and Activities. B. Discussion regarding Keep Coppell Beautiful Appointment. C. Discussion regarding Council Retreat. D. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 %wksessn WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ Library May 10, 2011 7 ✔✔ PRESENTATION Presentation by Cindy Van Ness, family friend of the Hefner/Long family. The family of Bobby E. Hefner, the founding father of the Coppell Library, would like to make a presentation to the City Council. Mr. Hefner’s family approached the library about putting up a plaque in the library that would honor his contribution to the City of Coppell. Mr. Hefner, a former mayor pro-tem and chairman of the Library Board, was the guiding force behind securing a location for the city’s first library; at the time, an old house that required renovation in order to open. He originally rented the house and then solicited volunteers from the Coppell Jaycees to do the repair work. He personally donated over 2800 books to the library and was instrumental in convincing the City Council to establish a library boar No action necessary 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 May 10, 2011 8 ✔ PROCLAMATION Consider approval of a proclamation recognizing the month of May as “OLDER AMERICANS MONTH 2011,” and authorizing the Mayor to sign. Staff recommends approval. !Older Citizens - 1 AR PROCLAMATION WHEREAS, older adults in the City of Coppell and throughout the nation 55 and older are an increasing population with evolving needs; and WHEREAS, older Americans are valuable members of our society who enhance our communities and personal lives; and WHEREAS, the increasing number of baby boomers reaching traditional retirement age highlights the need for increased support of older adults; and WHEREAS, our older citizens of today and tomorrow promise to be among the most active and involved older adult populations in our nation’s history; and WHEREAS, it is the responsibility of this and all U.S. communities to work collaboratively to address older adults’ unique health and long-term care challenges; and WHEREAS, it is crucial that communities modernize systems of care to help empower older Americans and give them more control over their own lives; and WHEREAS, communities can improve older citizens’ overall quality of life by helping them: Make behavioral changes in their lifestyles that can reduce the risk of disease, disability, and injury; Obtain the tools they need to make informed decisions about, and gain better access to, existing health and long-term care options in their communities. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell and on behalf of the Coppell City Council, do hereby proclaim May, 2011 as “OLDER AMERICANS MONTH” in the city of Coppell. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of May, 2011. _________________________________________ Douglas N. Stover, Mayor ATTEST: __________________________ Christel Pettinos, City Secretary AGENDA REQUEST FORM DATE: May 10, 2011 ITEM #: 9 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 May 10, 2011 10/A ✔✔ PROCEDURAL Consider approval of minutes: April 26, 2011. Minutes of the City Council meeting held on April 26, 2011. Staff recommends approval. %minutes MINUTES OF APRIL 26, 2011 The City Council of the City of Coppell met in Regular Called Session on Tuesday, April 26, 2011, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Bob Mahalik, Mayor Pro Tem Tim Brancheau, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember (late arrival) Billy Faught, Councilmember Marvin Franklin, Councilmember Karen Hunt, Councilmember Also present were City Manager Clay Phillips, City Secretary Christel Pettinos and City Attorney Robert Hager. 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. Councilmember Tunnell arrived prior to convening Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072 – Deliberation regarding Real Property. 1. Discussion regarding the land purchase agreements associated with Northlake/Cypress Waters. Mayor Stover convened into Executive Session at 5:45 p.m. Mayor Stover adjourned the Executive Session at 6:14 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Service Organization Funding. cm042611 Page 1 of 7 B. Discussion regarding Event Shirts. C. Discussion regarding Ambulance Billing Fees and Fee Structure. D. Discussion regarding Old Coppell Development. E. Discussion of Agenda Items. RECEPTION FOR LEADERSHIP COPPELL CLASS OF 2011 IN ATRIUM FROM 7:00 P.M. -7:30 P.M. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Councilmember Franklin led those present in the Invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Presentation by Texas Municipal Library Directors Association of the 2010 Achievement of Excellence in Libraries Award. Presentation: Kerry McGeath, City Librarian for the City of Southlake, presented the 2010 Achievement of Excellence in Libraries Award to Vicki Chiavetta. 8. Consider approval of a proclamation naming Wednesday, April 27, 2011 as ADMINISTRATIVE PROFESSIONALS DAY, and authorizing the Mayor to sign. Mayor Stover read the proclamation for the record and presented the same to Ramona Woods and Allana Lamberth. cm042611 Page 2 of 7 Action: Councilmember Franklin moved to approve a proclamation naming Wednesday, April 27, 2011 as ADMINISTRATIVE PROFESSIONALS DAY, and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 9. Graduation ceremony for Leadership Coppell Class of 2011. Mayor Stover and Sharon Logan, Public Information Officer, presented graduation certificates to the graduating members of Leadership Coppell. 10. Citizens' Appearances Mayor Stover advised that no one signed up to speak. 11. Consider approval of minutes: April 12, 2011. Action: Councilmember Tunnell moved to approve the minutes for April 12, 2011. Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 12. Consider approval of an Interlocal Purchasing Agreement between the City of McKinney and the City of Coppell; and authorizing the Mayor to sign. Presentation: Jerod Anderson, Purchasing Manager, made a presentation to Council. cm042611 Page 3 of 7 Action: Councilmember Faught moved to approve an Interlocal Purchasing Agreement between the City of McKinney and the City of Coppell; and authorizing the Mayor to sign. Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 13. Consider approval of entering into an agreement with Freese and Nichols, Inc. to perform an Impact Fee study for revisions to the City’s current Impact Fee ordinance, in an amount of $104,000, as provided for in Roadway Impact Fee collections; and authorizing the City Manager to sign and execute any necessary documents. Presentation: Ken Griffin, Director of Engineering, made a presentation to Council. Action: Councilmember Franklin moved to approve entering into an agreement with Freese and Nichols, Inc. to perform an Impact Fee study for revisions to the City’s current Impact Fee ordinance, in an amount of $104,000, as provided for in Roadway Impact Fee collections; and authorizing the City Manager to sign and execute any necessary documents. Mayor Pro Tem Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 14. City Manager's Report. A. Project Update and Future Agendas. City Manager Clay Phillips reported that the preparations for the July 4th parade and fireworks activities are underway. Mr. Phillips gave updates on Sandy Lake Road, Belt Line/Belt Line, and Deforest Road street projects. Future agendas include a joint meeting with the Planning and Zoning Commission and Economic Development Committee on May 4th. cm042611 Page 4 of 7 Budget Workshops are scheduled for May 17th and May 31st. Council retreat is May 21st and 22nd. 15. Mayor and Council Reports. A. Report by Mayor Stover regarding Earthfest to be held on April 30th at Town Center Plaza from 10am - 2pm. B. Report by Mayor Stover regarding Relay for Life to be held on April 30th at Wagon Wheel Park beginning at 5pm. A. Mayor Stover reported that Earthfest will be held on Saturday, April 30th at Town Center Plaza. B. Mayor Stover reported that the Relay for Life event is being held this weekend at Wagon Wheel Park. 16. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. Councilmember Faught announced that a concert will be held on Friday, April 29th at Town Center Plaza to benefit “Imagine No Malaria”. Mayor Stover spoke about a meeting with Dallas County Commissioner, Dr. Elba Garcia. 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 –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. North Texas Commission – Hunt. L. Senior Adult Services – Franklin. cm042611 Page 5 of 7 A. Councilmember Tunnell reported that Lewisville PTA Board of Trustees will have a candidate forum on Thursday, April 28th at 6:30 p.m. April 30th is their annual Garage Sale and Medication Disposal Day. Spaces are still available for the Heart Checks for Kids. Carrollton/Farmers Branch ISD will have its candidate forum on April 27th at Irving City Hall. B. Mayor Pro Tem Mahalik congratulated the Sidekick Newspaper staff from Coppell High School for winning the Best Newspaper and Best Website award from the Dallas Morning News at the High School Journalism Day and Competition held at SMU. The Best Website award was a shared honor with the KCBY production team from Coppell High School. CISD Education Foundation’s annual Student Teacher Academic Recognition Banquet is on Tuesday, May 3rd at the Marriott DFW hotel. CISD Day at the Ballpark is on Monday, May 9th at 6:30 p.m. Thursday, April 28th is Senior Night at Irving Bible Church. Coppell Middle School North is offering a summer camp called Digicamp Coppell for students interested in technology and web applications. C. Councilmember Faught reported that the Senior Center will have a “Meet the Candidate” breakfast on May 2nd. A Mother’s Day tea is scheduled for May 4th. Other activities include a trip to the Allen Outlet Mall on May 3rd, Supper Club at the Cheesecake Factory in Southlake on May 17th and a trip to the Texas Discovery Garden on May 24th. D. Councilmember Hunt reported that future agendas will be items related to the state legislative session. E. Councilmember Brancheau reported that ICLEI celebrated Earth Day on April 22nd. F. Councilmember Tunnell reported that Metrocrest Hospital Authority has two new board members appointed by the Farmers Branch City Council. They are Harris Meyers for Place 6 and Carl King for Place 7. The board also voted that Baylor will become a non-profit hospital. G. Mayor Pro Tem Mahalik reported that Metrocrest Medical Foundation has a new program called Lifeline. This program provides emergency call button service to seniors to permit independent living. The program is free for those who qualify. Anyone needing additional information should contact Senior Adult Services. H. Councilmember Hinojosa-Flores reported that the Metrocrest Medical Foundation Clinic will have a celebration for volunteers on Sunday, May 1st from 2-4 p.m. at the Dodson House in Farmers Branch Historical Park. I. Councilmember Franklin reported that the Keyholder’s Breakfast held on April 12th was very successful. cm042611 Page 6 of 7 J. Nothing to report. K. Nothing to report. L. Councilmember Franklin reported that Senior Adult Services is actively recruiting players and sponsors for their golf tournament on June 22nd at Brookhaven Country Club. 18. Necessary action resulting from Executive Session. Nothing to report. Adjournment. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Christel Pettinos, City Secretary cm042611 Page 7 of 7 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 May 10, 2011 10/B ✔✔ RESOLUTION Consider approval of a Resolution encouraging the members of the Legislature of the State of Texas to continue stable funding for the Coppell Independent School District, and authorizing the Mayor to sign. Staff recommends approval. !CISD Funding - 1AR RESOLUTION NO. ________ A RESOLUTION ENCOURAGING THE MEMBERS OF THE LEGISLATURE OF THE STATE OF TEXAS TO CONTINUE STABLE FUNDING FOR THE COPPELL INDEPENDENT SCHOOL DISTRICT. WHEREAS, the CISD has a current student population of 10,203; and WHEREAS, the CISD employs about 1,152 faculty and staff, making it one of the largest employers in the City of Coppell; and WHEREAS, the CISD is striving to maintain its status as an exemplary school district; and WHEREAS, proposed budget bills in the Texas House and Senate could significantly reduce state revenue for CISD, impairing its ability to continue providing an excellent education for Coppell students; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS does hereby acknowledge the importance of the Coppell Independent School District and its contribution to the vitality of our community, and encourages the members of the Legislature of the State of Texas to continue stable funding for the Coppell Independent School District. DULY PASSED by the City Council of the city of Coppell, Texas, this the _______ day of May, 2011. APPROVED: _________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY 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 May 10, 2011 10/C ✔✔ RESOLUTION Consider approval of a Resolution encouraging the members of the Legislature of the State of Texas to continue stable funding for the Lewisville Independent School District, and authorizing the Mayor to sign. Staff recommends approval. !LISD Funding - 1AR RESOLUTION NO. ________ A RESOLUTION ENCOURAGING THE MEMBERS OF THE LEGISLATURE OF THE STATE OF TEXAS TO CONTINUE STABLE FUNDING FOR THE LEWISVILLE INDEPENDENT SCHOOL DISTRICT. WHEREAS, the LISD has a current student population of 51,000; and WHEREAS, the LISD employs about 6,000 faculty and staff, making it one of the largest employers in the area; and WHEREAS, the LISD is striving to maintain its status as a recognized school district; and WHEREAS, proposed budget bills in the Texas House and Senate could significantly reduce state revenue for LISD, impairing its ability to continue providing an excellent education for Coppell students; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS does hereby acknowledge the importance of the Lewisville Independent School District and its contribution to the vitality of our community, and encourages the members of the Legislature of the State of Texas to continue stable funding for the Lewisville Independent School District. DULY PASSED by the City Council of the city of Coppell, Texas, this the _______ day of May, 2011. APPROVED: _________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY 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 May 10, 2011 10/D ✔✔ RESOLUTION Consider approval of a Resolution encouraging the members of the Legislature of the State of Texas to continue stable funding for the Carrollton-Farmers Branch Independent School District, and authorizing the Mayor to sign. Staff recommends approval. !C-FBISD Funding - 1AR RESOLUTION NO. ________ A RESOLUTION ENCOURAGING THE MEMBERS OF THE LEGISLATURE OF THE STATE OF TEXAS TO CONTINUE STABLE FUNDING FOR THE CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT. WHEREAS, the C-FBISD has a current student population of 26,002; and WHEREAS, the C-FBISD employs about 3,016 faculty and staff; making it one of the largest employers in the area; and WHEREAS, the C-FBISD is striving to maintain its status as a recognized school district; and WHEREAS, proposed budget bills in the Texas House and Senate could significantly reduce state revenue for C-FBISD, impairing its ability to continue providing an excellent education for Coppell students; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS does hereby acknowledge the importance of the Carrollton-Farmers Branch Independent School District and its contribution to the vitality of our community, and encourages the members of the Legislature of the State of Texas to continue stable funding for the Carrollton-Farmers Branch Independent School District. DULY PASSED by the City Council of the city of Coppell, Texas, this the _______ day of May, 2011. APPROVED: _________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY 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 May 10, 2011 10/E ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-250-H, Old Town Addition (Main Street), a zoning change from H (Historic) to PD-250-H (Planned Development-250-Historic), to establish a Conceptual Site/Landscape Plan for a mixed use development on 23.12 acres of property located south of Bethel Road, north of Burns Road between Hammond and South Coppell Roads and authorizing the Mayor to sign. On April 12, 2011, Council approved this ZONING CHANGE (7-0). On March 24, 2011, the Planning Commission recommended approval of this ZONING CHANGE (4-1). Commissioners Goodale, Frnka, Duncan and Kittrell voted in favor, Commissioner Tankersley opposed. Vice-Chairman Haas, recused himself due to a conflict of interest. Staff recommends APPROVAL @PD-250-H, OTA (MS) ORD-1 AR (con) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM “H” HISTORIC TO PD-250-H (PLANNED DEVELOPMENT-250-HISTORIC) FOR THE PROPERTY LOCATED IN OLD TOWN COPPELL ON THE SOUTH SIDE OF BETHEL ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE CONCEPTUAL SITE/LANDSCAPE PLAN ATTACHED AS EXHIBIT “B”; PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas, and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-250-H should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from “H” Historic to PD-250 “H” (Planned Development-250 Historic), for the property located in Old Town Coppell and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. 2 TM 49078.2.42811 SECTION 2. The property shall be developed and used in accordance with the following regulations: A) Purpose. The purpose of this Planned Development is to provide for a mixed use development within Old Town Coppell for the development of approximately thirteen (13) retail office cottages built with craftsman architectural style, a maximum of forty-four (44) town or patio homes, eleven (11) retail service buildings, two (2) restaurants, private parking and landscaping, to be anchored by the proposed Town Square. B) Uses and Base Zoning District. The property shall be developed and used only in accordance with Chapter 12, Article 28A “H” Historic District regulations of the Code of Ordinances and the Appendices thereto, except as otherwise provided herein: 1) Service, townhome or garden patio homes as depicted on the Conceptual Site/Landscape Plan (Exhibit B) are allowed without a special use permit. 2) The following uses are allowed in the service buildings that do not front the Town Square without Special Use Permit: carpentry; painting, plumbing or mechanical shops; private schools and related facilities; office, limited warehouse and distribution with less than ninety percent (90%) of the floor area in the service buildings. 3) A Special Use Permit shall not be required for sports, recreation and entertainment uses indoors, commercial printing shop, equipment sales and indoor amusement. 4) Restaurants and retail uses are allowed by right except for restaurants and retail uses occupying more than 8,000 square feet of foundation area (excluding patios) which require a special use permit. 5) Auto/Mobile Vehicle Parking Lots are allowed without need to obtain a special use permit. C) Area Regulations. 1) The structures along Coppell and Bethel Roads do not have to conform to the existing setback pattern along the same street. The size and shape of new buildings are not required to be consistent with the general massing of the existing “character defining” buildings. 3 TM 49078.2.42811 2) Front yard: To be measured from back of curb, generally, 15-25 feet total on public and private property comprising of: a. Five feet to seven feet wide area of street trees, landscaping and lighting. b. Minimum five feet wide concrete sidewalk. c. Five feet to ten feet wide area with plants and other amenities (benches, trash receptacles, bike racks, etc., if appropriate). d. The front yard may also contain a patio (outside of the sidewalk) if a restaurant or similar use is proposed. A larger front yard is permitted for institutional uses. 3) Side yard: Zero to ten feet maximum unless: a. Adjacent to a roadway, then it shall be treated as a front yard (this shall follow the same standards of construction as the primary facade). b. Adjacent to a residential district, then it shall equal the side yard requirements of that residential district. c. A fire lane or drive is included in the side yard, and then a side yard can extend to the limits of such fire lane or drive. 4) Rear yard: No rear yard is required unless a nonresidential use is adjacent to a residential zoning district, then a ten feet minimum landscape buffer is required in accordance with section 12-33-1. Rear yards may provide for parking. 5) Maximum building size: Building footprint may not exceed 8,000 square feet without a special use permit. D) Parking Regulations. 1) Parking shall be in accordance with the off-street parking regulations of Chapter 12, Article 28A “H” Historic District regulations and Article 31 “Off Street Parking Regulations”, of the Code of Ordinances and the Appendices thereto, as amended, except special considerations and requirements specifically for PD-250-H which are as follows: a. Typical parking spaces shall be a minimum of nine-feet by eighteen feet. b. No parking area shall be allowed within five feet of the rear property line when abutting a nonresidential district, unless such parking abuts a private alley. 4 TM 49078.2.42811 c. Parking lots shall be screened through plantings of hedges, shrubs, trees, or fences at edges and in medians within the parking area, except those outside of view from public streets which shall not require screening. The screening and landscaping of parking areas shall be in accordance with Articles 33 and 12-34-8b, respectively. E) Landscaping and Screening. All landscaping and screening shall comply with Chapter 12, Article 28A “H” Historic District regulations and Article 34, of the Code of Ordinances and the Appendices thereto, as amended, except for special consideration and requirement specifically for PD-250-H which are as follows: 1) Residential lots shall have a minimum of a five foot wide area of street trees, landscaping and lighting. 2) No screening walls shall be required to separate land uses. 3) Trees planted in the parking islands shall be selected from the Overstory trees listed in Table 1 Plant Palette of the Comprehensive Zoning Ordinance, as amended. Trees located in the streetscape may be selected from either Overstory trees or Accent trees. 4) The service court area for the retail and service buildings shall be exempt from screening requirements for refuse storage and utility equipment. 5) Screening may be evergreen landscape materials as defined by the Code of Ordinances. 6) No screening is required for the townhomes or patio garden homes. 7) No screening is required of private parking areas not visible from the public rights-of-way or located adjacent to private alleys. 8) No perimeter or interior landscaping areas shall be required when located in a service court area. 9) Planting islands shall contain: (i) trees; and (ii) shrubs or groundcover. 5 TM 49078.2.42811 10) If located within a visibility triangle, as required by the City Engineer, shrubs installed and maintained shall be less than 24 inches and trees shall have greater than 7 feet clearance from grade to the bottom of the crown. 11) A landscape perimeter buffer shall not be required along interior property lines or alleys. 12) Streetscape trees shall be counted toward the required number of trees required under the landscape ordinance in non-vehicular open space. No other trees shall be required for Cottage, Retail or Service uses. 13) Trees in the streetscape may be either Overstory trees or accent trees, as defined. If an accent tree is used, it shall be a Savannah Holly, Tree Yaupon, Little Gem Magnolia, Crepe Myrtle or similar alternative. 14) Ground and wall mounted mechanical and utility equipment must be screened from public rights of way and may be screened by evergreen screening wall. No screening is required from adjacent properties. 15) Streetscape requirements of Sect. 12-28A shall not apply to Burns and Hammond Streets. 16) Overstory trees shall be required for landscape islands. F) Design and Construction Standards. Prior to the issuance of any building permit (residential or commercial), the developer/land owner shall conform with all detailed planned development requirements as provided for in Chapter 12, Article 27 of the Code of Ordinances and all structures shall comply with Chapter 12, Article 28A “H” Historic District regulations of the Code of Ordinances and the Appendices thereto, as amended, except as amended herein.: 1) Driveways shall be located to the side or rear with garages sited in the rear yards. 2) Building materials other than wood or brick may not include metal siding but may include cement board. 3) Commercial buildings shall have a minimum of 60 percent glazed area (windows and door openings) from floor to ceiling for ground floor primary facades. Cottage buildings shall have doors and windows appropriate for craftsman architecture. 6 TM 49078.2.42811 4) Masonry may only be painted if intended for signage. 5) Roof form and pitch: Gable roof form shall not apply to retail or services buildings which may use flat roofs or parapets. 6) Buildings having facades longer than those historically found in the district may utilize vertically oriented bays or other vertical design elements to break up the massing. 7) Window framing materials may be of aluminum or vinyl but must be traditional in appearance and shall not have brushed or shiny aluminum or other metal appearance elements. 8) Canopies/awnings: May be individually located within major bays or may be continuous. Canopies may be wooden or metal and parallel with the sidewalk. Awnings shall be angled and made of fabric (canvas) or similar materials (sunbrella), or metal. Plastic/vinyl is prohibited. 9) Shutters: Shall be of louvered wood, vinyl, fiberglass or metal construction, and shall fit the window opening (so that if closed, they would cover the window opening). 10) Foundations: May be raised and constructed of brick (brick veneer is acceptable). 11) Gutters: Shall be half-rounded unless there is a flat roof, then box drains may be used. 12) Electrical and gas meters and other mechanical equipment shall be located on the rear or side facades and shall be screened from public rights-of-way. 13) Walls of freestanding brick are not permitted in front yards but are acceptable at rear yards and side yards not visible from the street unless at the rear of retail or service buildings as indicated on the Conceptual Site/Landscape Plan. I) Sign Regulations. Developer/owner shall comply with all sign regulations applicable in Chapter 12, Article 28A “H” Historic District regulations and Article 29, of the Code of Ordinances and the Appendices thereto, as amended, 7 TM 49078.2.42811 except for special consideration and requirement specifically for PD-250- H which are as follows: 1) Signs may be painted directly on the façade. 2) Pan signs may be installed on the facades if architecturally compatible with the facade. 3) Projecting or hanging, perpendicular from vertical building elevations, signs may be approved administratively by the Director of Planning. SECTION 3. In addition, the requirements of Section 2, the property shall be developed and used only in accordance with the Conceptual Site/Landscape Plan attached as Exhibit “B”, and incorporated herein for all purposes, and which are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. In the event that a conflict exists between the Code of Ordinances, this Ordinance and/or the exhibits hereto, the Code of Ordinances shall govern. In the event that a conflict exists between this ordinance and the exhibits to this ordinance, Section 2 shall govern. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so 8 TM 49078.2.42811 decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2011. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (PGS 12/28/09; 40960)(REH/cdb revised) EXHIBIT ‘A’ LEGAL DESCRIPTION BEING 23.118 acres of land located in JAMES A. SIMMONS SURVEY, ABSTRACT NO. 1296, Coppell, Dallas County, Texas, and being all of the tract of land designated as Tract II in the deed to the City of Coppell, Texas recorded in Volume 2003094, Page 797 of the Deed Records of Dallas County, Texas, and all of the tracts of land conveyed to the City of Coppell by the deeds recorded in County Clerk's File No. 20070000802, and County Clerk's File No. 200900282446 of the Deed Records of Dallas County, Texas. Said 23.118 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a ½” iron rod found at the Southeast corner of the aforesaid tract of land designated as Tract II, in the deed to the City of Coppell, Texas, recorded in Volume 2003094, Page 797 of the Deed Records of Dallas County, Texas, and said POINT OF BEGINNING also being the intersection of the West right-of-way line of Coppell Road South, and the North right-of-way line of Burns Street; THENCE S 85° 29' 33” W 878.23 feet, along the North right-of-way line of said Burns Street and the South boundary line of said Tract II, to a ½” iron rod found at the Southwest corner of said Tract II, lying in the East right-of-way line of Hammond Street; THENCE N 00° 31' 41” W 1133.41 feet, along the East right-of-way line of said Hammond Street and the West boundary line of said Tract II, to a 3/8” iron rod found at the Northwest corner of said Tract II; THENCE N 89° 18' 49” E 365.29 feet, along the North boundary line of said Tract II, to a ½” iron rod found at the Southwest corner of the aforesaid tract of land conveyed to the City of Coppell by the deed recorded in County Clerk's File No. 200700802 of the Deed Records of Dallas County, Texas; THENCE N 00° 40' 12” W 219.96 feet, along the West boundary line of said City of Coppell Tract to a ½” iron rod found at the Northwest corner thereof, lying in the South right-of-way line of Bethel Road; THENCE N 89° 19' 58” E 186.10 feet, along the South right-of-way line of said Bethel Road, and the North boundary line of said City of Coppell Tract, and also the North boundary line of the aforesaid tract of land conveyed to the City of Coppell by the deed recorded in County Clerk's File No. 200900282446 to a ½” iron rod found at the Northeast corner thereof, lying in the most Easterly West boundary line of aforesaid Tract II; THENCE N 00° 40' 12” W 4.64 feet, along the most Easterly West boundary line of said Tract II, to a ½” iron rod found at the most Northerly Northwest corner thereof, lying in the South right-of-way line of aforesaid Bethel Road; THENCE N 89° 44' 28” E 151.00 feet, along the most Northerly North boundary line of said Tract II, and the South right-of-way line of said Bethel Road, to a ½” iron rod found at the most Northerly Northeast corner of said Tract II; THENCE S 00° 59' 19” E 7.78 feet, along the most Westerly East boundary line of said Tract II to a ½” iron rod marked “Brittain & Crawford”, set; THENCE S 01° 46' 57” E 371.27 feet, along the most Westerly East boundary line of said Tract II to a ½” iron rod found; THENCE N 88° 12' 07” E 145.09 feet, along the most Southerly North boundary line of said Tract II to a ½” iron rod set at the most Easterly Northeast corner of said Tract II, lying in the West right-of-way line of aforesaid Coppell Road South; THENCE S 01° 50' 07” E 922.31 feet, along the East boundary line of said Tract II, and the West right-of-way line of said Coppell Road South to the POINT OF BEGINNING containing 23.118 acres of land.   SHEET 1 A-001SITE PLANMAIN STREET COPPELL, TEXAS WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number: Date: Scale: Drawn: Job: REVISIONS DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/ oromissions, if any, are to be brought to the attention of the Designer prior to any constructionor purchases being made. It is recommended that the owner or builder obtain completeengineering services for: foundation, HVAC, and structural, prior to construction of any kind.NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedenceover any part of these construction documents which may conflict with same, and must bestrictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTENPERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVEDTHIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERMIN REVIEW UNDER THE AUTHORITY OF WILLIAM PECK & ASSOCIATES, ON THIS PLOT DATE AMD IS NOT TO BE USED BY AUTHORITIES HAVING JURSDICTION FOR THE PURPOSE OF ISSUING CONSTRUCTION PERMITS03-17-2011N110'-0"70'-0"79'-0"50'-0"34'-0" 45'-0" 95'-0"50'-0"70'-0"50'-0"60'-0"50'-0"95'-0"50'-0"55'-0"40'-0"15'-1 1/4" 40'-0"55'-0"90'-0"40'-0"75'-0"40'-0"70'-0"40'-0"10'-10 3/4"45'-0"105'-0"72'-0"18'-0"2'-0"5'-5"2'-6"88'-1/4"15'-0"56'-10 3/4"44'-0"55'-2 1/4"71'-10 3/4"38'-3/4"71'-1 1/2"46'-1 1/4"25'-6"62'-1/4"83'-11 1/4"76'-7 1/4"58'-1/4"50'-0"53'-0"61'-6 1/2"95'-4" 56'-9 3/4"51'-10"53'-6 1/2" 10'-0"20'-0"95'-0"74'-3 3/4"68'-4 1/4"55'-2 1/2"20'-0"88'-10 3/4" 15'-1/2" 55'-8 3/4"45'-4 1/4"75'-2 1/4"87'-10"18'-0"22'-0"18'-0"18'-0"22'-0"18'-0"18'-0"25'-0"18'-0"18'-0"22'-0"22'-0"18'-0"25'-0"18'-0"79'-11"24'-11"79'-11"90'-0"101'-8 1/2"30'-0"20'-0"32'-0"33'-3 1/2"35'-11"35'-9 1/2"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"79'-11"24'-11"5'-1"79'-11"10'-0"24'-11" MAIN STREET MAIN STREET DEDICATED ALLEY EXISTING BUSINESS RETAIL SERVICES RETAILRETAILRETAILRETAIL RETAIL SERVICE SERVICE COTTAGE COTTAGE COTTAGE COTTAGE COTTAGE COTTAGE COTTAGE COTTAGE EXISTING BUILDINGS (NOT IN SCALE, VERIFY LOCATION)DEDICATED ALLEYENTRY FEATURE TRAVIS STREETHOUSTON STREETWEST BETHEL ROADSOUTH COPPELL ROAD SERVICE SERVICE SERVICE SERVICE RESTAURANT PARKING (40) COTTAGE COTTAGE COTTAGE SWITCHGEAR POLES PATIO RESTAURANT PATIO BURNET STREETCROCKETT STREET9 P.S. 14 P.S. 14 P.S. RESTAURANT FARMER'S MARKET INTERACTIVE FOUNTAIN PLAY AREA E. MAIN STREET PUBLIC RR, JANITOR, STORAGE WASTE WASTE W. MAIN STREET 20 PARKINGSPACES OR 10 DOUBLE PARKING SPACES 14 P.S. 10 P.S. 10 P.S. C 3C 4C 5 C 6 C 7 C 8 C 9 C 10 C 13C 12C 11 P 1 P 2 R 1R 2R 3R 4 R 5 S 6 S 5 S 4 S 3 S 1 S 2 F 2 F 1 9 P.S. RESTAURANT PARKING (40) PAVILION PH 1E PH 2E PH 3E PH 4E PH 5E PH 6E PH 7E PH 8E PH 9E PH 10E PH 11E PH 12E PH 13EPH 14E PH 1W PH 2S PH 3S PH 4S PH 5S PH 6S PH 8S PH 9S PH 10S PH 11S PH 12S PH 2W PH 3W PH 4W PH 5W PH 6W PH 7W PH 8W PH 9W PH 11W PH 12W PH 13W PH 14W COTTAGE C 1C 2 GRASS PAVERS GRASS PAVERS GRASS PAVERS GRASS PAVERS ALLEYLT-1 BLK-E LT-1 BLK-E LT-1 BLK. C LT-1 BLK. C LT-1 BLK. C LT-1 BLK. C LT-1 BLK. C LT-1 BLK. C LT-1 BLK. B LT-1 BLK. B LT-1 BLK. B LT-1 BLK. B LT-1 BLK-A LT-1 BLK-A LT-1 BLK-A LT-1 BLK-D LT-1 BLK-D LT-1 BLK-D LT-1 BLK-D LT-1 BLK-D LT-1 BLK-D LT-1 BLK-D LT-1 BLK-D LT-1 BLK-D LT-1 BLK-D LT-1 BLK-D LOADINGPH 10W PH 15W PH 16W PH 15E PH 16E PH 7S PH 1S LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-1 BLK-F LT-2 BLK-G LT-2 BLK-G LT-2 BLK-G LT-2 BLK-G LT-2 BLK-G LT-2 BLK-G LT-2 BLK-G LT-2 BLK-G LT-2 BLK-G LT-2 BLK-G LT-2 BLK-G LT-2 BLK-G LT-1 BLK-A LT-1 BLK-A TOWN SQUARE LT-2 BLK-E FUTURE PUBLIC USE LT-1 BLK-G Parking Calculations: The 40 parking spaces on Burnet Street were not used in the calculations, as these may be used for other businesses within the H District in meeting their parking requirements. Pad sites, C1-C4 may develop as a restaurant. If so, pad sites C5 & C6 will be used for parking. Some of the properties may develop as medical offices. This was not included in the calculations. The parking figures are subject to change based on the exact square footage and type of proposed use. The calculations have only been provided to demonstrate parking adequacy for the entire conceptual plan. Proposed Land Use Units & Area Parking Requirement Total Required Provided On-site Provided On-street Total Provided Patio Home 44 units 2.5 spaces: Unit 110 88 (2 per unit) 56 144 Retail 20,500 sq. ft. 1 space: 200 sq. ft. 104 64 40 104 Professional Office 48,460 sq. ft. 1 space: 300 sq. ft. 162 76 (58 + 2 per pad with alley access) 86 162 Restaurant 20,000 sq. ft. 1 space: 100 sq. ft. 200 80 200 280 Total: --- --- 576 308 382 690 Parking Calculations: The 40 parking spaces on Burnet Street were not used in the calculations, as these may be used for other businesses within the H District in meeting their parking requirements. Pad sites, C1-C4 may develop as a restaurant. If so, pad sites C5 & C6 will be used for parking. Some of the properties may develop as medical offices. This was not included in the calculations. The parking figures are subject to change based on the exact square footage and type of proposed use. The calculations have only been provided to demonstrate parking adequacy for the entire conceptual plan. Proposed Land Use Units & Area Parking Requirement Total Required Provided On-site Provided On-street Total Provided Patio Home 44 units 2.5 spaces: Unit 110 88 (2 per unit) 56 144 Retail 20,500 sq. ft. 1 space: 200 sq. ft. 104 64 40 104 Professional Office 48,460 sq. ft. 1 space: 300 sq. ft. 162 76 (58 + 2 per pad with alley access) 86 162 Restaurant 20,000 sq. ft. 1 space: 100 sq. ft. 200 80 200 280 Total: --- --- 576 308 382 690 SCALE: 1" = 50'A CONCEPTUAL SITE PLAN NOTES: 1.) TREE WELL DIMENSIONS ARE 5'X9' 2.) ALL PARKING SPACES ARE 9' X 18'CONCEPTUAL SITE / LANDSCAPE PLANPARKING CALCULATION NOTES 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 May 10, 2011 10/F ✔ PROCEDURAL Consider approval of accepting the resignation of Terra Taylor from the Keep Coppell Beautiful Board and appointing Jon Nance to fill the unexpired term. Terra Taylor has submitted a letter of resignation from the Board. Her appointment is set to expire December 2012. Staff recommends that Jon Nance be appointed to fill the completion of the term. Staff recommends acceptance of the resignation and approval of the replacement. %KCBresignation Thursday, May 05, 2011 Dear Cristal Rollins, I regret to inform you that I will not be able to fulfill my commitment to this board, as I will be moving out of Coppell on May 1, 2011. Thank you for the opportunity to serve my community and work with a dedicated bunch of individuals. I have enjoyed my time with the board and will remember you all fondly. Kind regards, Terra Taylor-Blackburn WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Engineering May 10, 2011 10/F ✔ CONTRACT/BID or PROPOSAL Consider approval of a resolution authorizing the City of Coppell to enter into Amendment #2 to an Interlocal Cooperation Agreement for Operation and Maintenance of Traffic Signals between the Texas Department of Transportation, the City of Irving and the City of Coppell as approved by City Council on June 26, 2001 to include maintenance of the proposed traffic signal at Royal Lane and IH 635; and authorizing the Mayor to sign and execute all necessary documents. Amendment #2 to the 2001 agreement will allow the City of Irving to maintain a newly installed traffic signal at the intersection of IH 635 and Royal Lane. Staff will be available to answer any questions at the Council meeting. Staff recommends approval of this Amendment #2 with TXDOT #Amend 2 TXDOT MO agreement 1 MEMORANDUM TO: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works DATE: May 10, 2011 REF: Consider approval of a resolution authorizing the City of Coppell to enter into Amendment #2 to an Interlocal Cooperation Agreement for Operation and Maintenance of Traffic Signals between the Texas Department of Transportation, the City of Irving and the City of Coppell as approved by City Council on June 26, 2001 to include maintenance of the proposed traffic signal at Royal Lane and IH 635; and authorizing the Mayor to sign and execute all necessary documents. For some time now, the City of Coppell and the City of Irving have been in conversations with DFW Airport and Texas Department of Transportation (TxDOT) regarding the installation of a traffic light at the intersection of Royal Lane and IH635. The intersection is in the City of Coppell in TxDOT right of way and on land that is contained within DFW Airport property. The purpose of the traffic signal is two fold: 1) to facilitate traffic movement from development south of IH635 and 2) to create a safer intersection where Gateway Blvd intersects with Royal Lane. The actual construction of the traffic signal will include the closing of the median at Royal Lane and Gateway Blvd., and the addition of a left turn lane at the driveway of Park ‘n’ Fly and Royal Lane. This will allow vehicles leaving Gateway Blvd. to proceed north for a very short distance and then facilitate a u-turn to go back south to IH635. If a city has a population of fewer than 50,000, then TxDOT maintains the traffic signals along its right of ways within that city. However, when TxDOT maintains the traffic signals within the city with a population of less than 50,000, they generally look to other cities in the area to enter into an agreement with them to maintain the traffic signals. At one time, the City of Coppell maintained the traffic signal at IH635 and South Belt Line Road; however, in 2001 City Council approved an interlocal agreement for the City of Irving to maintain that traffic signal. That agreement was amended in August 2005 by City Council to include the new traffic signal at the intersection of Freeport Pkwy and IH 635. The City also has agreements with Lewisville to maintain the traffic signal at State Highway 121 and Denton Tap Road and with Grapevine to maintain the traffic signals along SH121 and Sandy Lake Road and the future Freeport Pkwy extension. The item this evening is amendment #2 to include the new traffic signal at Royal Lane and IH635 to the original 2001 Irving agreement and amendment #1. The traffic signal is currently 2 under construction, so this agreement needs to be in place prior to the operation of the traffic light. Staff recommends approval of amendment #2 to the original Interlocal Cooperation Agreement Operation and Maintenance of Traffic Signals originally approved in June 2001 and will be available to answer any questions at the Council meeting. DEPT: Engineering DATE: August 23, 2005 ITEM #: 8/B AGENDA REQUEST FORM ITEM CAPTION: Consider approval of resolution authorizing the City of Coppell to enter into Amendment 01 to an Interlocal Cooperation Agreement for Operation and Maintenance of Traffic Signals between Texas Department of Transportation, the City of Irving and the City of Coppell as approved by City Council on June 26, 2001 to include maintenance of the proposed traffic signal at Freeport Parkway and IH 635; and authorizing the City Manager to execute all necessary documents associated with the amendment; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Amendment 01 to the 2001 agreement will add the maintenance responsibilities for a newly installed traffic signal at the intersection of IH 635 and Freeport Parkway to the original agreement. Staff will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name:# TxDot Agmt I Texas Department of Transportation P.O. BOX 133067 • DALLAS, TEXAS 75313-3067 • (214) 320-6100 March 21, 2011 Interlocal Cooperation Agreement For Operation and Maintenance of Traffic Signals Amendment #2 Mr. Kenneth M. Griffin, P.E. Director of Engineering/Public Works City of Coppell P.O. Box 9478 Coppell, TX 75019 Dear Mr. Griffin: Please find attached, three (3) Amendments #2 to the Interlocal Cooperation Agreement For Operation and Maintenance of Traffic Signals for your review and approval. This amendment adds IH 635 at Royal Lane to the Administrator's (City of Irving) responsibilities. If all is satisfactory, please obtain authorized signatures on all three originals and return to me for further processing. An original counterpart will be returned to you. If you have any questions, please contact Angela Green at 214-320-4432 or me at 214­ 320-6229, if needed . t~r PfC , \ Melanie B . District Tra-' ~ITT Attachment THE TEXAS PLAN REDUCE CONGESTION· ENHANCE SAFETY· EXPAND ECONOMIC OPPORTUN ITY· IMPROVE AIR QUALITY INCREASE THE VALUE OF OUR T RANSPORTATION ASSETS unity Employer 1 INCH = FT. 0 500 500 250 Traffic Signal Construction I.H. 635 at Royal Ln City of Coppell Project ST10-01 Created in CIVIL3DS:\CAD\In_Design\ST10-01 ROYAL LN\dwg\ST10-01 ROYAL LN.dwg \ST10-01_REV1 Created on: 4 May 2011 by Scott Latta 1/1 ALTERNATE ROUTE ROADWAY IMPROVEMENTS CITY OF COPPELL CITY OF IRVING CI T Y O F I R V I N G CI T Y O F C O P P E L L RESOLUTION OF THE CITY OF COPPELL RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, APPROVING AN AMENDMENT TO THE INTERLOCAL AGREEMENT WITH TXDOT, KNOWN AS THE 'STATE' AND THEIR ADMINISTRATOR, KNOWN AS THE CITY OF IRVING, FOR THE OPERATION, ADMINISTRATION AND MAINTENANCE OF TRAFFIC SIGNALS TO INCLUDE THE TRAFFIC SIGNAL AT INTERSTATE HIGHWAY 635 AND ROYAL LANE WITHIN THE CITY OF COPPELL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has become necessary to amend the Interlocal Agreement for the operation, administration and maintenance of traffic signals; and WHEREAS, it is amended to add the intersection of IH 635 and Royal Lane for the operation, administration and maintenance of the traffic signals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council approves the amendment to the Interlocal Agreement between TxDOT (Texas Department of Transportation) and their Administrator, known as the City of Irving and the City of Coppell, for operation and maintenance of traffic signals to include the location at IH 635 and Royal Lane within the City of Coppell, as set forth in Amendment #2, which is attached hereto as if set forth in full. SECTION 2. That this resolution shall take effect immediately from and after its adoption and it is so resolved. DULY PASSED and approved by the City Council of the City of Coppell, Texas on this the ______ day of ___________, 2011. CITY OF COPPELL DOUGLAS N. STOVER, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ________________________________ ROBERT HAGER, CITY ATTORNEY Contract # 18-2XXM5009 STATE OF TEXAS § COUNty OF TRAVIS § TO IN AMENDMENT #2 TERLOCAL COOPERATION AGREEMENT FOR OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State , and the City of Coppell, a municipal corporation, hereinafter called "City" and the City of Irving, a municipal corporation , hereinafter called the "Administrator". WITNESSETH WHEREAS, the State, Administrator and the City executed a contract on July 30 of 2001 to effectuate their agreement to operate and maintain traffic signal located at IH 635 and Beltline Road within the City; and, WHEREAS, the State, Administrator and the City executed Amendment #1 on November 9 of 2005 to add the intersection of IH 635 and Freeport Parkway from the performance, administration and maintenance of traffic signals and; and, WHEREAS , it has become necessary to amend that contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State, Administrator, and the City do agree as follows: AGREEMENT Article I. Description of Amended Items WITNESSETH Third Whereas paragraph under Witnesseth is voided in its entirety and replaced with the following : WHEREAS, the State, by and through this Agreement and City are authorizing Administrator to supervise and be responsible for the performance, administration and maintenance of the traffic signals located at IH 635 Frontage Roads with Beltline Road, IH 635 and Freeport Parkway and IH 635 at Royal Lane on the State Highway System that lie within the City in order to repair malfunctioning traffic signals and to improve traffic signal progression within the City; and EXHIBIT 1 A new revised City Resolution is attached hereto and made a part of the agreement. Article II. Administrator's Responsibilities Section (a) shall be voided in its entirety and replaced with the following: (a) Administrator shall provide a trained staff to maintain and operate the traffic signals at the intersections of IH 635 Frontage Roads at Belt Line Road, IH 635 at Freeport Parkway and IH 635 at Royal Lane on the state highway system with the jurisdictional limits of the City . Article IV. Compensation (a) shall be voided in its entirety and replaced with the following : (a) The maximum amount payable to the Administrator by State is $3,379.95 per year . Such amount paid to Administrator will fairly compensate Administrator. All other provisions of the original contract are unchanged and remain in full force and effect. Article 2. Signatory Warranty The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization represented . Page 1 of 2 Revised 1 0-11-1 0 • IN WITNESS WHEREOF, THE STATE, ADMINSTRATOR AND CITY have executed triplicate counterparts to effectuate this agreement. ADMINISTRATOR -CITY OF IRVING By Date -A~L~IT H~O~R~I=Z=E==D~S~IG~NA~T=U~R=E=-------------------- TYPED OR PRINTED NAME AND TITLE Title CITY -CITY OF COPPELL By Date -A~U~T=H~O~R=I=Z=E=D~S~IG~NA~T=U~R=E=-------------------- TYPED OR PRINTED NAME AND TITLE Title FOR THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission . By Date William L. Hale, P.E. Dallas District Engineer Page 2 of 2 Revised 10-11-10 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ City Manager's Office May 10, 2011 11 ✔ PUBLIC HEARING Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is the property owned by CABOT 2 TX1B03 LP, described as Block A, Lot 1BR of the Amberpoint Business Park at Coppell Addition (14.6246 acres) and located on the south side of Sandy Lake Road, west of Northpoint Drive. The Public Hearing Notice was published in the Citizens Advocate on Friday, April 29, 2011. This public hearing is for the designation of a reinvestment zone for Barcel USA. Barcel will occupy 100,000 sq. ft. at 301 S. Northpoint Drive, property owned by Cabot 2 TX1B03 LP. The abatement will be for Barcel's business personal property. Staff recommends approval. !Barcel USA Public Hearing MEMO Date: May 10, 2011 From: Mindi Hurley, Economic Development Coordinator RE: Barcel USA – Public Hearing Barcel USA is a division of Grupo Bimbo that produces snack foods and chips. Barcel will locate their distribution center in 100,000 sq. ft. of space at 301 S. Northpoint. Barcel will start with approximately 40 employees and is expected to grow substantially over the next 5 years. At their December 2010 meeting, the Economic Development Committee unanimously recommended a 50% abatement of business personal property for a period of 5 years. A public hearing must be held to create a Reinvestment Zone for a tax abatement. Reinvestment Zone No. 64 will be created for Barcel USA. 301 S. Northpoint is described as Block A, Lot 1BR of the Amberpoint Business Park at Coppell Addition (14.6246 acres), which is located on the south side of Sandy Lake Road, west of Northpoint Drive. The public hearing notice was published in the Citizens’ Advocate on Friday, April 29, 2011, as required by Chapter 312 of the Texas Property Code. The public hearing will be held on May 10, 2011 to determine if the improvements in the zone are feasible, practical and of benefit to the land. NOTICE OF PUBLIC HEARING OF DESIGNATION OF REINVESTMENT ZONE A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, in the Council Chambers, Town Center, 255 Parkway Boulevard, Coppell, Texas on the 10th day of May, 2011, at 7:30 P.M., to consider designation of the property described as Block A, Lot 1BR, Amberpoint Business Park at Coppell Addition (14.6246 acres), located south of Sandy Lake Road, west of Northpoint, Coppell, Texas, Barcel USA, L.L.C., as a Reinvestment Zone under Chapter 312 of the Texas Property Tax Code. The Council will seek to determine whether the improvements sought to be made in the zone are feasible and practical and will be a benefit to the land included in the zone and to the City after the expiration of a tax abatement agreement to be entered into pursuant to Section 312.204 of the Texas Property Tax Code. At the hearing, interested persons are entitled to speak and present evidence for or against the designation. Citizens Advocate April 29, 2011 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). WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ City Manager's Office May 10, 2011 12 ✔ ORDINANCE Consider approval of an Ordinance designating Barcel USA, LLC, Reinvestment Zone No. 64, and authorizing the Mayor to sign. City Council is scheduled to conduct a Public Hearing regarding designation of the reinvestment zone on May 10, 2011. Reinvestment Zone No. 64 will be designated for Barcel USA, LLC for their business personal property abatement. The real property is owned by Cabot 2 TX1B03 LP. Staff recommends approval. !Barcel USA Ordinance MEMO Date: May 10, 2011 From: Mindi Hurley, Economic Development Coordinator RE: Barcel USA - Ordinance Barcel USA is a division of Grupo Bimbo that produces snack foods and chips. Barcel will locate their distribution center in 100,000 sq. ft. of space at 301 S. Northpoint. Barcel will start with approximately 40 employees and is expected to grow substantially over the next 5 years. At their December 2010 meeting, the Economic Development Committee unanimously recommended a 50% abatement of business personal property for a period of 5 years. In order to grant a tax abatement for business personal property, a reinvestment zone must be created. The boundaries for Reinvestment Zone No. 64 are designated by this ordinance. The 14.6246 acre tract of land included in this zone is located on the south side of Sandy Lake Road, west of Northpoint Drive. The legal description for the property is Block A, Lot 1BR of the Amberpoint Business Park at Coppell Addition. The real property is owned by Cabot 2 TX1B03 LP, but the zone is being created for the business personal property abatement proposed for Barcel USA. Barcel USA will have $1,000,000 in business personal property excluding inventory values. 1 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 64 (BARCEL USA, LLC); PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL- INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be published in a newspaper having general circulation in the City and has delivered such notice to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property described herein; and WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing on the designation of the area described herein as a reinvestment zone; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, THAT: SECTION 1: The City Council of the City of Coppell, Texas, finds that the area described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention or expansion of primary employment, or to attract major investment in the zone that will be of benefit to the property and contribute to the economic development of the City. The City Council further finds that the improvements sought are feasible and practicable and would be of benefit to the land to be included in the zone and to the City after the expiration of a tax abatement agreement. SECTION 2. Pursuant to the provisions of Section 312.201 of the Texas Tax Code, the property described in Exhibit “A” attached hereto and made a part hereof for all purposes is hereby designated as a reinvestment zone and for identification is assigned the name “Reinvestment Zone No. 64 Barcel USA, LLC”. 2 SECTION 3. The property within Reinvestment Zone No. 64 is eligible for commercial- industrial tax abatement effective on January 1, 2011. SECTION 4. If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 5. All provisions of ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. 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, on the ______ day of ___________________, 2011. APPROVED: DOUGLAS N. STOVER, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ CITY ATTORNEY (PGS:01-24-11:47445) EXHIBIT “A” LEGAL DESCRIPTION OF LAND Block A, Lot 1BR, Amberpoint Business Park at Coppell Addition (14.6246 acres) WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ City Manager's Office May 10, 2011 13 ✔ RESOLUTION Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Barcel USA, LLC, and authorizing the Mayor to sign. City Council is scheduled to conduct a Public Hearing regarding the designation of the reinvestment zone on May 10, 2011. The Coppell Economic Development Committee unanimously recommended approval of this abatement agreement request at their December 2010 meeting. Barcel USA will be leasing approximately 100,000 square feet of space at 301 S. Northpoint Drive. The terms of this agreement will be a 50% abatement on business personal property for a period of 5 years. Staff recommends approval. !Barcel USA Resolution MEMO Date: May 10, 2011 From: Mindi Hurley, Economic Development Coordinator RE: Barcel USA - Resolution Barcel USA is a division of Grupo Bimbo that produces snack foods and chips. Barcel will locate their distribution center in 100,000 sq. ft. of space at 301 S. Northpoint. Barcel will start with approximately 40 employees and is expected to grow substantially over the next 5 years. Reinvestment Zone Number 64 will be created by ordinance on May 10, 2011. The resolution and abatement that coincide with Reinvestment Zone Number 64 grant Barcel USA a 5 year, 50% tax abatement on business personal property. 1 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS AND BARCEL USA, LLC; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and between the City of Coppell, Texas and Barcel USA, LLC, a Texas limited liability company, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Coppell, Texas. SECTION 2. The Council finds that the improvements proposed to be built upon the Premises described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tax abatement to be granted by the Agreement will not include inventory, and supplies. SECTION 4. The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Coppell, Texas. 2 SECTION 5. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ______ day of ________________, 2011. CITY OF COPPELL, TEXAS ___________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ___________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ CITY ATTORNEY (PGS:01-24-11:47444) 3 EXHIBIT “A” (copy of Tax Abatement Agreement) Page 1 Tax Abatement Agreement City of Coppell and Barcel USA, LLC (47446) STATE OF TEXAS § § TAX ABATEMENT AGREEMENT COUNTY OF DALLAS § This Tax Abatement Agreement (the “Agreement”) is entered into by and between the City of Coppell, Texas (the “City”), and Barcel USA, LLC, a Texas limited liability company (the “Lessee”), acting by and through their authorized representatives. W I T N E S S E T H: WHEREAS, the City Council of the City of Coppell, Texas (the “City”), passed an Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 64 (the “Zone”) for the real property described in Exhibit “A” (the “Land”), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement Guidelines”); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the corporate commercial and industrial economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, Lessee has or intends to lease approximately 100,000 square feet of office and warehouse space in Suite 100 of AmberPoint Business Park, Building No. _____, located at 301 S. Northpoint Drive, Coppell, Texas 75019 (hereinafter defined as the “Leased Premises”), to serve as a facility for the use of corporate office and warehouse space for the distribution of snack items, for a period of at least five (5) years (hereinafter defined as the “Lease”), and intends to locate and maintain Tangible Personal Property (hereinafter defined) at the Leased Premises; and WHEREAS, the development efforts of the Lessee described herein will create permanent new jobs in the City; and WHEREAS, the City Council finds that the contemplated use of the Improvements, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and Page 2 Tax Abatement Agreement City of Coppell and Barcel USA, LLC (47446) WHEREAS, the City Council finds that the Improvements (hereinafter defined) sought are feasible and practicable and would be of benefit to the Land to be included in the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Property is located; and WHEREAS, the City desires to enter into an agreement with the Lessee for the abatement of taxes pursuant to Chapter 312 of the Tax Code as amended; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for good and other valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of the City and the enhancement of the tax base in the City, the parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Bankruptcy or Insolvency” shall mean the dissolution or termination of a party’s existence as a going business, insolvency, appointment of receiver for any part of a party’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such party, and such proceeding is not dismissed within ninety (90) days after the filing thereof. “City” shall mean the City of Coppell, Texas. “Effective Date” shall mean the last date of execution of this Agreement. “First Year of Abatement” shall mean January 1 of the calendar year following the date of issuance of a certificate of occupancy by the City for the Lessee’s occupancy of the Leased Premises. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissions of such party), fires, explosions or floods, strikes, slowdowns or work stoppages. Page 3 Tax Abatement Agreement City of Coppell and Barcel USA, LLC (47446) “Freeport Goods” shall have the same meaning as assigned by Section 11.251 of the Tax Code and Article VIII, Section 1-j of the Texas Constitution and located on the Property. Freeport Goods does not include “Goods in Transit” as defined by Tax Code, Section 11.253. “Goods in Transit” shall have the same meaning assigned by Tax Code, Section 11.253. “Improvements” shall mean AmberPoint Business Park, Building No. ____, on the Land located at 301 S. Northpoint Drive, Coppell, Texas 75019. “Land” means the real property described in Exhibit “A”. “Lease” shall mean the lease of the Leased Premises by Lessee for a period of not less than five (5) years commencing on the Lease Inception Date. “Lease Inception Date” shall mean the date the term of the Lease commences but not later than May 15, 2011. “Leased Premises” shall mean approximately 100,000 square feet of office and warehouse space in Suite 100 in the Improvements. “Lessee” shall mean Barcel USA, LLC, a Texas limited liability company. “Premises” shall mean collectively, the Land and Improvements, but excluding the Tangible Personal Property. “Tangible Personal Property” shall mean tangible personal property, equipment and fixtures (but excluding supplies, inventory, Freeport Goods and Goods in Transit) owned or leased by Lessee that is added to the Leased Premises subsequent to the execution of this Agreement. “Taxable Value” means the appraised value as certified by the Appraisal District as of January 1 of a given year. Article II General Provisions 2.1 The Lessee has or intends to enter into the Lease. The Lessee intends to locate and maintain Tangible Personal Property at the Leased Premises. 2.2 The Premises are not in an improvement project financed by tax increment bonds. 2.3 This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 2.4 The Premises and Tangible Personal Property are not owned or leased by any member of the Coppell City Council or any member of the Coppell Planning and Zoning Page 4 Tax Abatement Agreement City of Coppell and Barcel USA, LLC (47446) Commission, or any member of the governing body of any taxing units joining in or adopting this Agreement. 2.5 Lessee shall before May 1, of each calendar year that the Agreement is in effect, certify in writing to the City that it is in compliance with each term of this Agreement. 2.6 The Land and the Improvements constructed thereon at all times shall be used in the manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. Article III Tax Abatement Authorized 3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines, and approved by resolution of the City Council. 3.2 Subject to the terms and conditions of this Agreement, the City hereby grants Lessee an abatement of fifty percent (50%) of the Taxable Value of the Tangible Personal Property for a period of five (5) consecutive years beginning with the First Year of Tax Abatement. The actual percentage of Taxable Value of the Tangible Personal Property subject to abatement for each year this Agreement is in effect will apply only to the Tangible Personal Property that is added to the Improvements subsequent to the execution of this Agreement. 3.3 The period of tax abatement herein authorized shall be for a period of five (5) consecutive years beginning with the First Year of Tax Abatement. 3.4 During the period of tax abatement herein authorized, Lessee shall be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation on land, inventory and supplies. 3.5 The Lessee agrees to locate and maintain Tangible Personal Property at the Leased Premises with a Taxable Value of at least One Million Dollars ($1,000,000.00) as of the First Year of Abatement and as of January 1 of each calendar year thereafter during the term of this Agreement. 3.6 The term of this Agreement shall begin on the Effective Date and continue until March 1 of the calendar year following the sixth (6th) anniversary date of the First Year of Abatement, unless sooner terminated as provided herein. Page 5 Tax Abatement Agreement City of Coppell and Barcel USA, LLC (47446) Article IV Improvements 4.1 Nothing in this Agreement obligates the Lessee to enter into the Lease and/or occupy the Leased Premises, but said action is a condition precedent to tax abatement pursuant to this Agreement. 4.2 As a condition precedent to the initiation of the Lessee’s tax abatement pursuant to this Agreement, Lessee agrees to enter into the Lease on or before May 15, 2011. Lessee agrees and covenants to continuously lease and occupy the Leased Premises for a period of at least five (5) years commencing on the Lease Inception Date. 4.3 Lessee agrees to maintain the Leased Premises during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. 4.4 The City, its agents and employees shall have the right of access to the Leased Premises during Lessee’s occupancy of the Leased Premises to inspect the Leased Premises at reasonable times and with reasonable notice to Lessee, and in accordance with Lessee’s visitor access and security policies, in order to insure that the use of the Leased Premises are in accordance with this Agreement and all applicable state and local laws and regulations (or valid waiver thereof). Article V Default: Recapture of Tax Revenue 5.1 In the event Lessee: (i) fails to occupy the Leased Premises in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) has delinquent ad valorem or sales taxes owed to the City (provided Lessee retains its right to timely and properly protest such taxes or assessment); (iii) suffers an event of “Bankruptcy or Insolvency”; or (iv) breaches any of the terms and conditions of this Agreement which is not otherwise cured within the applicable cure period, then Lessee after the expiration of the notice and cure periods described below, shall be in default of this Agreement. As liquidated damages in the event of such default, the Lessee shall, within thirty (30) days after termination, pay to the City all taxes which otherwise would have been paid by the Lessee to the City without benefit of a tax abatement for the Tangible Personal Property, with interest at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code, as amended, but without penalty. The parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The parties further agree that any abated tax, including interest as a result of this Agreement, shall be recoverable against the Lessee, its successors and assigns and shall constitute a tax lien against the Tangible Personal Property, and shall become due, owing and shall be paid to the City within thirty (30) days after termination. 5.2 Upon breach by Lessee of any obligations under this Agreement, the City shall notify the Lessee in writing, who shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and Page 6 Tax Abatement Agreement City of Coppell and Barcel USA, LLC (47446) the Lessee has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City may extend the period in which the default must be cured. 5.3 If the Lessee fails to cure the default within the time provided as specified above or, as such time period may be extended, then the City at its sole option shall have the right to terminate this Agreement, by written notice to the Lessee. 5.4 Upon termination of this Agreement by City, all tax abated as a result of this Agreement, shall become a debt to the City as liquidated damages, as set forth in Section 5.1 above, and shall become due and payable not later than thirty (30) days after a notice of termination is provided. The City shall have all remedies for the collection of the abated tax provided generally in the Tax Code for the collection of delinquent property tax. The City at its sole discretion has the option to provide a repayment schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon the full Taxable Value of the Tangible Personal Property, without tax abatement for the years in which tax abatement hereunder was received by the Lessee, as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day payment period. Article VI Annual Application for Tax Exemption It shall be the responsibility of the Lessee pursuant to the Tax Code, to file an annual exemption application form with the Chief Appraiser of the Appraisal District in which the eligible taxable property has situs. A copy of the exemption application shall be submitted to the City upon request. Article VII Annual Rendition The Lessee shall annually render the value of the Tangible Personal Property to the Appraisal District and provide a copy of the same to the City upon written request. Article VIII Miscellaneous 8.1 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth below or on the day actually received as sent by courier or otherwise hand delivered: Page 7 Tax Abatement Agreement City of Coppell and Barcel USA, LLC (47446) If intended for Lessee, to: Attn: Esteban Rodarte Human Relations Manager Barcel USA, LLC 1200 Walnut Hill Lane, Suite 1700 Irving, Texas 75038 Telephone: (972) 607-4487 Mobile: (214) 392-7989 Email: esteban.rodarte@grupobimbo.com If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 Telephone: 972.304.3677 Facsimile: 972.304.3673 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 Telephone: 214.965.9900 Facsimile: 214.965.0010 Email: psmith@njdhs.com 8.2 Authorization. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. 8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 8.4 Governing Law. This Agreement shall be governed by the laws of the State of Texas without regard to any conflict of law rules. Exclusive venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court. Page 8 Tax Abatement Agreement City of Coppell and Barcel USA, LLC (47446) 8.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 8.6 Entire Agreement. This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this Agreement. 8.7 Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 8.9 Assignment. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned without the prior written consent of the City Manager. 8.10 Conditions Precedent. This Agreement is conditioned on and subject to the following: (i) the Lessee entering into the Lease on or before May 15, 2011; (ii) Lessee providing a fully executed copy of the Lease to the City. 8.11 Employment of Undocumented Workers. During the term of this Agreement, the Lessee agrees not to knowingly employ any undocumented workers and if convicted, by a final non-appealable conviction, of a violation under 8 U.S.C. Section 1324a (f), the Lessee shall repay the taxes abated herein as of the date of such final non-appealable conviction within 120 business days after the date the Lessee is notified by the City of such final non-appealable conviction, plus interest at the rate of 6% compounded annually from the date of such final non- appealable conviction until paid. 8.12 Right of Offset. The City may at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Lessee, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. (Signature Page to Follow) Page 9 Tax Abatement Agreement City of Coppell and Barcel USA, LLC (47446) EXECUTED in duplicate originals the ____ day of _______________, 2011. CITY OF COPPELL, TEXAS By: ______________________________________ Douglas N. Stover, Mayor Attest: By: _______________________________________ Christel Pettinos, City Secretary Agreed as to Form: By:_______________________________ City Attorney EXECUTED in duplicate originals the ____ day of _______________, 2011. BARCEL USA, LLC, a Texas limited liability company By:_______________________________________ Name: Title: Page 1 Exhibit “A” to Tax Abatement Agreement City of Coppell and Barcel USA, LLC (47446) EXHIBIT “A” Legal Description of the Land Lot 1BR, Block A of the Amberpoint Business Park at Coppell. 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 May 10, 2011 14 ✔ PUBLIC HEARING Consider approval of Case No. PD-185R2-LI, Coppell Industrial Addition (Uline-Tradepoint), a zoning change request from PD-185R-LI (Planned Development-185 Revised-Light Industrial) to PD-185R2-LI (Planned Development-185 Revision 2-Light Industrial), to amend the Detail Site Plan to allow revised parking, landscaping, elevations and signage for the existing 600,000-square-foot building on 30.33 acres of property located at 980 Bethel Road. There are no outstanding conditions. On April 21, 2011, the Planning Commission unanimously recommended approval of this ZONING CHANGE (7-0). Commissioners Goodale, Tankersley, Haas, Frnka, Sangerhausen, Duncan and Kittrell voted in favor; none opposed. Staff recommends APPROVAL @01 PD-185R2-LI, CIA (U-T)-1 AR ITEM # 9 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-185R2-LI, Coppell Industrial Addition (Uline-Tradepoint) P&Z HEARING DATE: April 21, 2011 C.C. HEARING DATE: May 10, 2011 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: 980 Bethel Road SIZE OF AREA: 30.33 acres of property CURRENT ZONING: PD-185R-LI (Planned Development-185 Revised-Light Industrial) REQUEST: A zoning change to PD-185R2-LI (Planned Development-185 Revision 2- Light Industrial), to amend the Detail Site Plan to allow revised parking, landscaping, elevations and signage for the existing 600,000-square-foot building. APPLICANT: Owner: Architect: Richard Greth Rick Gilliand LIT HW1, LP RGA Architects 5430 LBJ Freeway, #800 301 South Oak Street #100 Dallas, Texas 75240 Roanoke, Texas 76262 Phone: 972-201-2964 Phone: 817-430-3382 FAX: 972-201-2989 FAX: 817-491-1969 HISTORY: In May 2000, Council approved PD-185-LI to allow for the development of two office/warehouse buildings on approximately 100 acres of property. Phase One of this development, which is the subject property of the current request, contains a 600,000 square-foot building. A 350,000 square-foot future expansion area was also planned at that time. Phase Two anticipated a 900,000 square-foot building. This PD included various conditions including: a reduction in the required parking for warehouse uses and allowing for a single 120 square-foot monument sign, in lieu of two 60 square-foot signs. Council also approved a Preliminary Plat for the entire acreage and a Final Plat to allow for Phase One construction. ITEM # 9 Page 2 of 4 In August of 2002, staff has administratively approved a revision to the Site Plan to allow for 50 additional parking spaces along Bethel Road, east of Royal Lane to serve the 150 Mohawk employees. In November 2003, Council approved a revised Detail Plan and Plat which for a 300,000 square foot expansion of the existing building and to permit the development of the second equally-sized (1,000,000 square foot) building. This PD amendment also allowed the construction of a guardhouse. The replat-final plat was never filed for record, and therefore has expired. The PD zoning, however is still applicable. TRANSPORTATION: Bethel Road is a four lane divided thoroughfare (C4D), which is built to stand within a 90 foot right-of-way. SURROUNDING LAND USE & ZONING: North - Wagon Wheel Park; LI (Light Industrial) South - Postal Distribution Center; LI (Light Industrial) East - ULine; LI (Light Industrial) West - Sun Dial, TNA, Craftmade International; LI (Light Industrial) COMPREHENSIVE PLAN: The Coppell 2030 Comprehensive Master Plan shows this property as suitable for Industrial Special District. DISCUSSION: Uline is a distributor of shipping, industrial and packaging materials and is headquartered in Chicago. They currently occupy approximately 363,500 square feet, in three buildings in Coppell: 159,170 square feet at 635 S. Freeport Parkway; 144,300 square feet at 800 Bethel Road; and 60,000 square feet at 1111 Executive Drive. They are in the process of relocating from their existing facilities into the 600,000 square foot office warehouse building formally occupied by Mohawk at 980 W. Bethel Road. To accommodate this use, and to allow for their corporate branding, they are requesting revisions to the parking, landscaping, building elevations and signage. Parking: Included in the original PD was a reduction in required parking ratio from one space to 1,000 square feet to one space per 5,000 square feet for warehouse use. There were 152 car parking spaces and 127 parking stalls for trailers originally developed for this building. Uline will be increasing the office space from 10,000 to 35,000 square feet. Along the west property line, additional car and trailer parking areas are being provided. The net result is an increase of approximately 100 parking spaces and the same amount of decrease in trailer storage areas. These trailer storage areas, combined with the loading areas at the dock-high doors are sufficient to meet the needs of Uline. ITEM # 9 Page 3 of 4 Landscaping: The modifications to this site include the increase in landscaped areas. Adjacent to the four corners of the building existing parking areas area are being replaced with landscaped areas. There is also a newly created Customer Pick-Up (CPU) Area that will provide approximately 3,000 square feet of irrigated landscaped area. As mentioned, former trailer storage, parking and unimproved areas along the west property line will be developed for car parking and trailer storage area. The Landscape Ordinance requires that a 150 square foot landscape island be provided for every 15 parking spaces. The applicant is proposing slightly smaller landscaped islands in this area to match the existing and to accommodate drainage adjacent to the building. Over-sized landscaped islands and areas are being provided along this property line and adjacent to the building in the CPU area to compensate for the deficit in the islands. Four-inch caliper overstory trees will be planted in the landscape islands. The applicant intends to add additional plantings, which are not required by Ordinance, but will enhance the overall appearance of this development. Elevations: The existing building is two-tone grey. As part of this renovation the applicant is intending to repaint the building to cream and accented with “Uline Green”, to enhance the entrances by adding storefront windows, adding clerestory windows along the three of the facades. Additional overhead doors dock-high loading areas will be added to the west elevation. This west elevation is not visible from Royal Lane due to the existing berm and landscaping on this property, the sundial property and the TNA Building along Freeport Parkway. Signage: There are several variances being requested to the Sign Ordinance to allow the movement control, attached and monument signs as presented in the sign package for this proposed for this use. Monument Sign: As discussed in the History Section, when the original PD was approved, in lieu of two-60-square-foot monument signs, one-120 square foot Industrial Park sign (TRADEPOINT) was permitted to straddle the property line between this lot and the future development lot to the east. Uline is now requesting a 60-square- foot monument sign to be located along Bethel Road. This sign is compliant with all regulations of the Sign Ordinance and therefore can be supported. Movement Control Signs: The Sign Ordinance permits an unlimited amount of three-square-foot movement control (directional) signs to be placed on any given property. The applicant is requesting that ITEM # 9 Page 4 of 4 these signs limited to three signs on this 30+ acre property, but they are requesting to be five square feet in size. They comply with all other aspects of the Sign Ordinance and also merit staff’s support. Attached Signs: Sign Ordinance allows for “one sign per elevation per business, with maximum of 200 square feet per sign and a maximum of 300 square feet of total signage, and maximum 48-inch high letters”. Uline is requesting two-99-square-foot attached signs. These signs will be have “Uline Green” backgrounds with 48” high letters white letters. At this time, the decision of which of the three façades these two signs are to be placed have not been made Uline. However, in the event they desire to place both signs on one elevation, it would be variance to the provision of the Sign Ordinance which limits attached signs to “one sign per elevation per business”. Staff recommends that the location of the attached signs be designated as soon as possible, and no later than Council’s consideration of this request. In sum, these site plan revisions allow for increased car parking and loading areas; decreased trailer storage; an increase in landscaped areas, especially visible from Bethel Road; improved elevations in terms of colors, windows and enhanced entries; and an overall sign package. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of an amended Detail Plan for PD-185R2-LI, Coppell Industrial Addition (Uline-Tradepoint), subject to the following condition: 1. Designate the location of the two attached signs prior to Council consideration of this request. 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. SP1.01 – Site Plan 2. L1.00 – Tree Mitigation 3. L1.01 – Landscape Plan 4. L1.01 – Landscape Plan - Color 5. SP1.02 – Elevations -1 6. SP1.03 – Elevations - 2 7. SP1.04 – Elevations – CPU Area 8. SP1.05 – Sign Package SITE / BUILDING FEATURES x One-Story Office / Warehouse Building x 50'x40' Typical Bay Dimensions x 32' Clear Height x ESFR Fire Sprinkler System x Concrete Truck Court & Parking as shown x Building Monument Sign (Setback minimum of of 75' from the East & West Property Lines and 15' from the Bethel Road R.O.W.) x All Trash Dumpster / Compactor locations to be determined @ time of Tenant Improvements & will be screened as required x Fully Landscaped & Irrigated, refer to Landscape Plans submitted with Tenant Improvements x All Detention / Outflow Ponds are private & shall be maintained by Owner Tradepoint Building One Site Plan2N 0 SCALE 40 100 300 FEET LEGAL DESCRIPTION Coppell Industrial Addition, Lot 1, Block A (Volume 2000200, Page 00669) BUILDING ONE Total Site Area 1,321,350 s.f. (30.33 Acres) Building Area 600,000 s.f Building Height 44'-0" max. Zoning PD-185R-2 Proposed Use Office / Warehouse Facility Coverage (F.A.R)45.40% Car Parking Provided (Proposed)251 Spaces Total Existing Car Parking 230 Spaces Existing Car Parking to Remain 153 Spaces Existing Car Parking Spaces to be Demo'd (-) 77 Spaces New Car Parking Spaces (Proposed)(+) 98 Spaces Net Car Parking Increase (+) 21 Spaces Car Parking Required (per Proposed Tenant Uses)230 Spaces Office (35,000 s.f. @ 1:300)117 Spaces Warehouse (565,000 s.f. @ 1:5,000)113 Spaces Trailer Parking Provided (Proposed)32 Spaces Total Existing Trailer Parking 25 Spaces Existing Trailer Parking to Remain 0 Spaces Existing Trailer Parking Spaces to be Demo'd (-) 25 Spaces New Trailer Parking Spaces (Proposed)(+) 32 Spaces Net Trailer Parking Increase (+) 7 Spaces PRIVATE DRIVE EXISTING MONUMENT SIGN 10' LANDSCAPE EASEMENT30' BUILDG SETBACK10' LANDSCAPE EASEMENT F.H. F.H.24' FIRE LANE (TYP.)24' FIRE LANE (TYP.) TRUCK COURT LANDSCAPING PARKING (96)24' FIRE LANE (TYP.) TRUCK COURT 10' UTILITY EASEMENTBETHEL ROADTRUCK COURT 15' U.E. P.L. LANDSCAPING F.H. F.H. 24' FIRE LANE (TYP.)LANDSCAPINGLANDSCAPING 24' FIRE LANE (TYP.)24' FIRE LANE (TYP.)10' UTILITY EASEMENT15' U.E.F.H. P.L. P.L. Owner 2560 Cedar Springs, 800 Dallas, Texas 752 01 Contact: Jeanna Camp Contact: Richard Greth Tel: 214-647-4928 Fax: 214-647-4901 Jeanna.Camp@ingclarion.com Richard.Greth@hillwood.com Architect 301 S. Oak Street, Ste. 100 Roanoke, Texas 76262 Contact: Rick Gilliland Contact: Shane Harris Tel: 817-430-3382 www.rgaarchitects.com rick@rgaarchitects.com shane@rgaarchitects.com Civil Engineer 2080 N. Highway 360 Grand Prairie, TX 75050 Contact: Jeff Roberts TBPE Firm No. 312 Tel: 214-201-1270 www.halff.com JFRoberts@Halff.com Tradepoint Building One Site Plan2N 0 SCALE 40 100 300 FEET (9) SPACES NEW CAR PARKING (98 Spaces) PROPERTY LINE  #1ƒ :PROPERTY LINE #6ƒ :PROPERTY LINE  #1ƒ : PROPERTY LINE #1ƒ (40' COMMON ACCESS & PRIVATE UTILITY EASEMENT P.L. F.H.F.H.F.H. F.H.F.H.F.H. P.L.P.L.P.L.P.L.P.L.P.L.P.L. F.H. LANDSCAPING LANDSCAPING LANDSCAPING LANDSCAPING F.H. PRIV AT E D RI V E P R I V A T E D R I V EPROPOSEDMONUMENT SIGNPROPOSED DIRECTIONAL SIGN PROPOSED DIRECTIONAL SIGN PROPOSED DIRECTIONAL SIGN EXTENT OF FUTURE TRAILER PARKING ENLARGED CPU AREA PLAN 4/SP1.04 NEW TRAILER PARKING (23 spaces) EXTENT OF FUTURE TRAILER PARKING EXTENT OF FUTURE TRAILER PARKING EXTENT OF FUTURE TRAILER PARKING REMOVE LANDSCAPING & DEMO. ARCHITECTURAL PANEL ON WEST ELEVATION DEMO EXIST CURBS, LANDSCAPING & PAVING DEMO AREA 1 DEMO AREA 1 DEMO AREA 2 DEMO AREA 3 DEMO AREA 2 DEMO EXISTING CURBS, LANDSCAPING & PAVING DEMO AREA 3 DEMO EXIST CURBS & PAVING Landscape Architect 1708 N. Griffin Street Dallas, Texas 75202 Contact: Steve Rahn Contact: Chris Tronzano Tel: 214-871-0083 Fax: 214-871-0545 smr@smr-la.com ctronzano@smr-la.com smr LIT HW1, L.P. CAR PARKING DATA New Car Parking 98 Spaces Landscape Islands 10 Islands Landscape Island Area 1,520 s.f. In order to meet the minimum requirements, a 98 space parking area would require (7) islands (1 island per 15 spaces) totaling 1,050 s.f. (150 s.f. per island). The proposed parking layout is designed to match the existing, adjacent parking and incorporates (10) smaller islands @ a more frequent ratio (1 island per 13 spaces) totaling 1,520 s.f. (85-110 s.f. each). The small, 85 square foot islands are shortened to allow for adequate drainage away from the parking area. Additionally, this layout provides a 5,000 s.f. island as a large physical & visual separation between the Car Parking and the Trailer Parking. TRAILER PARKING DATA New Trailer Parking 32 Spaces Landscape Islands 1 Island Landscape Island Area 1,340 s.f. In order to meet the minimum requirements, a 32 space parking area would require (3) islands (1 island per 15 spaces) totaling 450 s.f. (150 s.f. per island). The proposed Trailer parking layout is designed encourage greater landscape growth and to protect the existing fire hydrant, through the use of (1) large island with 1,340 s.f. of landscaping.PARKING (14)NEW TRAILER PARKING (9 spaces) (12) SPACES (13) SPACES (9) SPACES EXISTING CAR PARKING (43 Spaces) (+13) SPACES (+13) SPACES (+13) SPACES (+13) SPACES (+7) SPACES (+13) SPACES (+13) SPACES (+13) SPACES (17) SPACES(7) SPACES(4) SPACES(9) SPACES(14) SPACES(14) SPACES(9) SPACES(9) SPACES(5) SPACES(11) SPACES(-7) SPACES (-9) SPACES (-10) SPACES (-5) SPACES (-6) SPACES (-10) SPACES NOTE: NEW ISLAND LANDSCAPING = 7,956 S.F. (-5) SPACES Hwy. 121W. Bethel Road S. Royal LaneFreeport ParkwayInter s t a t e 6 3 5 Not to Scale Vicinity Map1NHwy. 121Project Site W. Bethel Road S. Royal LaneFreeport ParkwayInter s t a t e 6 3 5 Not to Scale Vicinity Map1N Creekview Drive DEMO AREA 4 (-8) SPACES DEMO AREA 5 (-17) SPACES DEMO AREA 4 DEMO AREA 5 DEMO EXIST CURBS & PAVING 15'-0" EXTENT OF FUTURE TRAILER PARKING EXTENT OF FUTURE TRAILER PARKING EXTENT OF FUTURE TRAILER PARKING 980 980 0 SCALE 5'20'50 FEET Overall South Elevation1 Enlarged South Elevation5 0 SCALE 5'10'25 FEET Enlarged West Elevation6 0 SCALE 5'10'25 FEET T.O.PANEL 38'-8" SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) (11) FUTURE WINDOW LOCATIONS (STOREFRONT TO MATCH EXISTING) 5 NEW WINDOW LOCATIONS (STOREFRONT TO MATCH EXISTING) (16) FUTURE CLERESTORY WINDOW LOCATIONS (STOREFRONT TO MATCH EXISTING) 0 SCALE 5'20'50 FEET Partial West Elevation2 FUTURE CLERESTORY WINDOW LOCATIONS (DASHED)(26) NEW CLERESTORY WINDOW LOCATIONS @ WEST ELEVATION (STOREFRONT TO MATCH EXISTING) (2) NEW WINDOW LOCATIONS (STOREFRONT TO MATCH EXISTING) NEW O.H. DOCK DOORS w/ PIT LEVELERS 9'x10' CLEAR ANODIZED ALUM. & GLASS STOREFRONT (TYP. OF 6) - TO MATCH EXISTING CONCRETE RAMP @ ACCESSIBLE PARKING CONCRETE STAIRS (METAL STAIRS REMOVED) RAMP w/ GUARDRAILS TO SERVE (4) DOCK DOORS, (1) DOOR IN THIS AREA MAY BE ENLARGED TO A 12'x14' DOOR. NEW PIT LEVELERSMATCH LINEMATCH LINEMATCH LINENEW O.H. DOCK DOORS w/ PIT LEVELERS MATCH LINE0 SCALE 5'20'50 FEET Partial West Elevation3 0 SCALE 5'20'50 FEET Partial West Elevation4 T.O.PANEL 38'-8" T.O.PANEL 38'-8" NEW O.H. DOCK DOORS w/ PIT LEVELERS NEW O.H. DOCK DOORS w/ PIT LEVELERS NEW O.H. DOCK DOORS w/ PIT LEVELERS NEW PIT LEVELER NEW PIT LEVELERS NEW PIT LEVELERS NEW PIT LEVELERS NEW PIT LEVELER (26) NEW CLERESTORY WINDOW LOCATIONS @ WEST ELEVATION (STOREFRONT TO MATCH EXISTING) (26) NEW CLERESTORY WINDOW LOCATIONS @ WEST ELEVATION (STOREFRONT TO MATCH EXISTING) REMOVE ARCHITECTURAL PANEL IN FRONT OF BUILDING NEW PIT LEVELERS FUTURE CLERESTORY WINDOW LOCATIONS (STOREFRONT TO MATCH EXISTING) FUTURE CLERESTORY WINDOW LOCATIONS (STOREFRONT TO MATCH EXISTING) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-2 (ULINE - GREEN) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-2 (ULINE - GREEN) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-2 (ULINE - GREEN) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-2 (ULINE - GREEN) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-2 (ULINE - GREEN) (2) NEW WINDOW LOCATIONS (STOREFRONT TO MATCH EXISTING) METAL ACCENT CANOPIES WITH SMOOTH FINISH PAINT-3 (ULINE - GREEN) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-2 (ULINE - GREEN) (2) NEW WINDOW LOCATIONS (STOREFRONT TO MATCH EXISTING) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM)SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM)6'-0"3'-0"11'-8"6'-0"3'-0"11'-8" SMOOTH FINISH CONCRETE SCREEN WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) SMOOTH FINISH CONCRETE SCREEN WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) Owner 2560 Cedar Springs, 800 Dallas, Texas 752 01 Contact: Jeanna Camp Contact: Richard Greth Tel: 214-647-4928 Fax: 214-647-4901 Jeanna.Camp@ingclarion.com Richard.Greth@hillwood.com Architect 301 S. Oak Street, Ste. 100 Roanoke, Texas 76262 Contact: Rick Gilliland Contact: Shane Harris Tel: 817-430-3382 www.rgaarchitects.com rick@rgaarchitects.com shane@rgaarchitects.com Civil Engineer 2080 N. Highway 360 Grand Prairie, TX 75050 Contact: Jeff Roberts TBPE Firm No. 312 Tel: 214-201-1270 www.halff.com JFRoberts@Halff.com Landscape Architect 1708 N. Griffin Street Dallas, Texas 75202 Contact: Steve Rahn Contact: Chris Tronzano Tel: 214-871-0083 Fax: 214-871-0545 smr@smr-la.com ctronzano@smr-la.com smr LIT HW1, L.P. POTENTIAL WALL SIGN LOCATION "A" 99 s.f. (REF: SP1.05) POTENTIAL WALL SIGN LOCATION "B" 99 s.f. (REF: SP1.05) POTENTIAL WALL SIGN LOCATION "B" 99 s.f. (REF: SP1.05) POTENTIAL WALL SIGN LOCATION "C" 99 s.f. (REF: SP1.05) POTENTIAL WALL SIGN LOCATION "A" 99 s.f. (REF: SP1.05) 0 SCALE 5'20'50 FEET Overall North Elevation1 T.O.PANEL 33'-5" 0 SCALE 5'20'50 FEET Partial East Elevation3 Enlarged East Elevation5 0 SCALE 5'10'25 FEETMATCH LINEMATCH LINEMATCH LINEMATCH LINE0 SCALE 5'20'50 FEET Partial East Elevation2 0 SCALE 5'20'50 FEET Partial East Elevation4 NEW PIT LEVELERS SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) T.O.PANEL 38'-8" METAL ACCENT CANOPIES WITH SMOOTH FINISH PAINT-3 (ULINE - GREEN) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-2 (ULINE - GREEN) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-2 (ULINE - GREEN) METAL LOUVER (PAINT TO MATCH ULINE CREAM) METAL LOUVER (PAINT TO MATCH ULINE CREAM) METAL LOUVER (PAINT TO MATCH ULINE CREAM) METAL LOUVER (PAINT TO MATCH ULINE CREAM) METAL LOUVER (PAINT TO MATCH ULINE CREAM) METAL LOUVER (PAINT TO MATCH ULINE CREAM) METAL LOUVER (PAINT TO MATCH ULINE CREAM) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-2 (ULINE - GREEN) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-2 (ULINE - GREEN) METAL ROOF ACCESS LADDER & CAGE, SMOOTH FINISH PAINT-4 (ULINE - CREAM) FUTURE CLERESTORY WINDOW LOCATIONS (DASHED) FUTURE CLERESTORY WINDOW LOCATIONS (DASHED) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) FUTURE LOUVER / STOREFRONT LOCATIONS (DASHED) ARCHITECTURAL PANEL ON EAST SIDE OF BUILDING TO REMAIN METAL LOUVER (PAINT TO MATCH ULINE CREAM) SMOOTH FINISH CONCRETE SCREEN WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) SMOOTH FINISH CONCRETE SCREEN WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) EXISTING ALUMINUM & GLASS STOREFRONT EXISTING ALUMINUM & GLASS STOREFRONT SMOOTH FINISH CONCRETE SCREEN WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) Owner 2560 Cedar Springs, 800 Dallas, Texas 752 01 Contact: Jeanna Camp Contact: Richard Greth Tel: 214-647-4928 Fax: 214-647-4901 Jeanna.Camp@ingclarion.com Richard.Greth@hillwood.com Architect 301 S. Oak Street, Ste. 100 Roanoke, Texas 76262 Contact: Rick Gilliland Contact: Shane Harris Tel: 817-430-3382 www.rgaarchitects.com rick@rgaarchitects.com shane@rgaarchitects.com Civil Engineer 2080 N. Highway 360 Grand Prairie, TX 75050 Contact: Jeff Roberts TBPE Firm No. 312 Tel: 214-201-1270 www.halff.com JFRoberts@Halff.com Landscape Architect 1708 N. Griffin Street Dallas, Texas 75202 Contact: Steve Rahn Contact: Chris Tronzano Tel: 214-871-0083 Fax: 214-871-0545 smr@smr-la.com ctronzano@smr-la.com smr LIT HW1, L.P. T.O.PANEL 38'-8" (7) FUTURE DOCK DOORS (7) FUTURE DOCK DOORS POTENTIAL WALL SIGN LOCATION "D" 99 s.f. (REF: SP1.05) POTENTIAL WALL SIGN LOCATION "D" 99 s.f. (REF: SP1.05) CPU Area Elevation3 Enlarged CPU Area Plan4 CPU Area Plan1 0 SCALE 100 FEET10'40' O.H. DOCK DOOR w/ PIT LEVELER CLEAR ANODIZED ALUM. & GLASS STOREFRONT (TO MATCH EXISTING) INFILL CONCRETE & FINISH TO MATCH ADJACENT WHERE DOCK LEVELERS ARE REMOVED CONCRETE RAMP @ ACCESSIBLE PARKING METAL STAIRS TO BE REMOVED RAMP w / METAL GUARDRAILS RAMP TO SERVE (4) DOCK DOORS, w/ GUARDRAILS CLEAR ANODIZED ALUMINUM & GLASS STOREFRONT WHERE DOCK DOORS, LEVELERS & LOUVERS ARE REMOVED (TYPICAL @ 6 LOCATIONS) PARKING 24' FIRE LANE TRUCK LANE RAMP METAL STAIRS TO BE REMOVED 0 SCALE 5'10'25 FEET 0 SCALE 5'10'25 FEET CLEAR ANODIZED ALUM. & GLASS CLERESTORY WINDOWS Typical New Parking Detail2 0 SCALE 40 FEET10'20' 19'-0"25'-0"19'-0"VARIESPROPERTY LINE24' FIRE LANE (TYP.) TYPICAL LANDSCAPE ISLAND @ EXISTING FIRE HYDRANT 9'-0"FUTURE CLERESTORY WINDOW LOCATIONS (DASHED) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-2 (ULINE - GREEN) REMOVE CANOPY FROM WEST DOCK FACE IRRIGATED LANDSCAPING 158'-7"52'-0"8'-0"8' DEEP LANDING AT TOP OF RAMP RAMP 8' DEEP LANDING LANDSCAPING Owner 2560 Cedar Springs, 800 Dallas, Texas 752 01 Contact: Jeanna Camp Contact: Richard Greth Tel: 214-647-4928 Fax: 214-647-4901 Jeanna.Camp@ingclarion.com Richard.Greth@hillwood.com Architect 301 S. Oak Street, Ste. 100 Roanoke, Texas 76262 Contact: Rick Gilliland Contact: Shane Harris Tel: 817-430-3382 www.rgaarchitects.com rick@rgaarchitects.com shane@rgaarchitects.com Civil Engineer 2080 N. Highway 360 Grand Prairie, TX 75050 Contact: Jeff Roberts TBPE Firm No. 312 Tel: 214-201-1270 www.halff.com JFRoberts@Halff.com Landscape Architect 1708 N. Griffin Street Dallas, Texas 75202 Contact: Steve Rahn Contact: Chris Tronzano Tel: 214-871-0083 Fax: 214-871-0545 smr@smr-la.com ctronzano@smr-la.com smr LIT HW1, L.P. 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 May 10, 2011 15 ✔ PUBLIC HEARING Consider approval of Case No. PD-240R3-HC, North Gateway Plaza, Lot 6, Block A, a zoning change request from PD-240-HC (Planned Development-240-Highway Commercial) to PD-240R3-HC (Planned Development-240 Revision 3-Highway Commercial), to amend the 12.36 acre Concept Plan and to attach a Detail Site Plan on 0.67 acres to allow the development of a 4,171-square-foot medical office located on the west side of Denton Tap Road, approximately 420 feet north of S.H. 121 (755 North Denton Tap Road). The following conditions remain outstanding: 1. Insure all off-site public easements for North Gateway Plaza are dedicated by separate instrument and filed for record. 2. Resolve discrepancies between the site plan and plat related to location of proposed waterline easement. On April 21, 2011, the Planning Commission unanimously recommended approval of this ZONING CHANGE (7-0), subject to the above-stated conditions. Commissioners Goodale, Tankersley, Haas, Frnka, Sangerhausen, Duncan and Kittrell voted in favor; none opposed. Staff recommends APPROVAL @02 PD-240R3-HC, NGP, L6, BA-1 AR ITEM # 6 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-240R3-HC, North Gateway Plaza, Lot 6, Blk A P&Z HEARING DATE: April 21, 2011 C.C. HEARING DATE: May 10, 2011 STAFF REP.: Matt Steer, City Planner LOCATION: West side of Denton Tap Road, 420 feet north of S.H. 121 (755 North Denton Tap Road) SIZE OF AREA: 12.36 acres within the Concept Plan and .67 acres within the Detail Plan CURRENT ZONING: PD-240-HC (Planned Development-240-Highway Commercial) REQUEST: A zoning change to PD-240R3-HC (Planned Development-240 Revision 3- Highway Commercial), to amend the Concept Plan and attach a Detail Site Plan to allow the development of a 4,171-square-foot medical office. APPLICANT: Owner: Purchaser: Architect: CDI Gateway, Ltd. Wilken Properties, LLC M.J. Wright @ Associates, Inc. Tom Wouters Drs. Stephanie & Bret Wilken Mike Wright 8333 Douglas Ave, Ste 110 2620 Huntly Ln. 8233 Mid-Cities Blvd, Ste A Colleyville, Texas 76034 Flower Mound, TX 75022 N. Richland Hills, TX 76182 Phone: 469-533-4100 Phone: N/A Phone: 817-268-5555 Fax: N/A Fax: N/A Fax: 817-268-5558 HISTORY: A Site Plan for a three-story, 68,350-square-foot medical office was approved January 2007, on a portion (6.67 acres) of this property and has since expired. The Conceptual PD was approved on April 14, 2009, for a nine-lot commercial development on 12.36 acres. A Detail Plan was approved to allow the development of a 6,468-square- foot restaurant (Rosa’s Café) with a drive-thru on 2.07 acres for Lot 5, Block A. Another Detail Plan was approved to allow the development of an 8,100-square-foot structure with professional/medical office and personal service uses, on 1.62 acres for Lot 9, Block A. These have since been constructed. ITEM # 6 Page 2 of 4 TRANSPORTATION: Denton Tap Road is a P6D divided major arterial built to standard in a 150-foot right-of-way. State Highway 121 was recently completed as a 140-foot, six-lane divided tollway facility within a 450-foot right-of-way. SURROUNDING LAND USE & ZONING: North - residential; PD-134R-SF-7 (Planned Development-134 Revised-Single Family-7) South – Viewpoint Bank; PD-133R3-HC (Planned Development-133 Revised 3- Highway Commercial) East – Coppell Market Street Center; PD-228-HC (Planned Development-228- Highway Commercial) West – vacant and residential; HC (Highway Commercial) and PD-134R-SF-7 (Planned Development-134 Revised-Single Family-7) COMPREHENSIVE PLAN: The Coppell 2030 Comprehensive Master Plan, adopted March 22, 2011, shows the property as suitable for Freeway Special District. DISCUSSION: This is the second office component of the Conceptual Planned Development for North Gateway Plaza approved in April 2009. This proposal is for a 4,127- square-foot medical office at 755 North Denton Tap Road, just north of Rosa’s Cafe. It is a significantly smaller lot and a different user than was depicted on the Conceptual Plan (previously a drive-thru restaurant), creating the need to modify the entire Conceptual Plan as well as establish a Detail Plan for this user. Site Plan: The proposed front-yard building setback is approximately 100 feet from the N. Denton Tap Rd. right-of-way. The south side-yard setback is 35 feet, meeting the 30-foot requirement of the Highway Commercial District. The rear-yard is 70.5 feet from the west property line, meeting the required 20 feet. The side setback on the north is only 20 feet, not meeting the required 30 feet. Because this is a Detailed Planned Development, a reduction to this requirement can be listed as a condition of the PD. Since the initial submittal, the applicant has modified the Conceptual Plan to include greater detail, outlining the potential footprint of the building to the north and potential drive abutting the perimeter landscaping. On the attached Conceptual Plan, the building to the north is setback 80 feet north of the subject property line; therefore, with this conceptual layout there would be a 100-foot separation between the structures. Staff is supportive of this side-yard setback variance, as the owner has agreed that the northern property not be modified during a future Detailed Planned Development process to have less than a 40-foot side-yard setback. This is required to be noted on the Concept Plan. Parking/Circulation: The area needed for a future decal lane is depicted in hatching along the entry on N. Denton Tap. This will be required to be constructed when deemed necessary by the City Engineer. There is an existing north/south drive along the front of the ITEM # 6 Page 3 of 4 property and six parking spaces are proposed to be added along both sides. Also, 12 parking spaces are proposed along the north side of the existing drive running east/west along the south property line abutting Lot 5, Block A. The parking required for a medical office is one parking space per 175 square feet of building area. The proposed building size is 4,127 square feet; therefore, 24 spaces are required. The applicant is proposing 24 parking spaces. Tree Survey/Landscape Plan: There are no existing trees on site. The Landscape Plan meets the requirements of what was approved for the Conceptual Planned Development in both planting and area (perimeter, interior and nonvehicular open space) requirements. Within the Concept Plan approval an exception to the interior lot line perimeter landscaping requirement was given. Previously granted for the northern property line, this proposal shifts the exception to the south property line. Seven Lacebark Elms, three Texas Ash, six Cedar Elms and five Live Oaks are proposed. The landscaping along Denton Tap will match what was approved for Rosa’s Café and the office to the north. Elevations/Signage: The structure is proposed to be 30 feet in height (measured to the peak). It is proposed to be constructed of a light reddish brown brick (Robinson Brick- Cambridge) and a light brown stone (Lone Star-Briscoe Chalk). It will be accented with a cast stone (buff in color) for the water table and archways. The roofing material is proposed standing seam (Berridge-Preweathered Galvalume) grey in color. Attached signage is proposed at the two entries located on the south elevation. These will match what was approved on the office building to the north (black reverse illuminated block letters). A multitenant monument sign is also proposed along Denton Tap. This sign location and design was approved during the Conceptual Planned Development. It will use the same stone as what is being used on the building and will be externally illuminated with bronze sign plates for the tenant names of this site as well as tenants for the future development to the north. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-240R3-HC, North Gateway Plaza subject to the following conditions being met: 1. Insure all off-site public easements for North Gateway Plaza are dedicated by separate instrument and filed for record. 2. On the Concept Plan Sheet, note the 40-foot side-yard setback requirement on Lot 7, Block A and change the “proposed monument sign” note on Lot 8 to read “existing monument sign.” 3. Include a PD Conditions Table on the bottom left of the Site Plan. Note that the north side-yard setback is only 20’ and that the Highway Commercial District requires 30 feet. Also note that no perimeter landscaping is being provided along the southern boundary; however, the required trees are located elsewhere on site. 4. Insure lot size is correct in the Site Data Table. 5. Reverse the symbols for proposed and existing pavement within the legend. ITEM # 6 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. Conceptual Plan 2. Site Plan 3. Landscape Plan 4. Elevations "WILKEN FAMILY EYE CARE"NORTH GATEWAY PLAZACOPPELL, TEXAS755 N. DENTON TAP RD. 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 May 10, 2011 16 ✔ PRESENTATION Consider approval of the North Gateway Plaza, Lot 6, Block A, Final Plat, to establish various utility and fire lane easements to allow the development of a 4,171-square-foot medical office on 0.67 acres of property located on the west side of Denton Tap Road, approximately 420 feet north of S.H. 121 (755 North Denton Tap Road). The following conditions remain outstanding: 1. File all off-site easements and note recording information on plat prior to plat recordation. 2. Resolve discrepancies between the site plan and plat related to location of proposed waterline easement. On April 21, 2011, the Planning Commission unanimously recommended approval of this ZONING CHANGE (7-0), subject to the above-stated conditions. Commissioners Goodale, Tankersley, Haas, Frnka, Sangerhausen, Duncan and Kittrell voted in favor; none opposed. Staff recommends APPROVAL @03 NGP, FP-1 AR ITEM # 7 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT North Gateway Plaza, Lot 6, Blk A, Final Plat P&Z HEARING DATE: April 21, 2011 C.C. HEARING DATE: May 10, 2011 STAFF REP.: Matt Steer, City Planner LOCATION: West side of Denton Tap Road, north of S.H. 121 SIZE OF AREA: .67 acres of property CURRENT ZONING: PD-240-HC (Planned Development-240-Highway Commercial) REQUEST: A final plat to establish various utility and fire lane easements to allow the development of a 4,171-square-foot medical office. APPLICANT: Owner: Purchaser: Architect: CDI Gateway, Ltd. Wilken Properties, LLC M.J. Wright @ Associates, Inc. Tom Wouters Drs. Stephanie & Bret Wilken Mike Wright 8333 Douglas Ave, Ste 110 2620 Huntly Ln. 8233 Mid-Cities Blvd, Ste A Colleyville, TX 76034 Flower Mound, TX 75022 N. Richland Hills, TX 76182 Phone: 469-533-4100 Phone: N/A Phone: 817-268-5555 Fax: N/A Fax: N/A Fax: 817-268-5558 Surveyor: Texas Heritage Surveying Doug Stewart 10610 Metric Drive, Suite 124 Dallas, TX 75243 Phone: 214-340-9700 Fax: 214-340-9710 HISTORY: A Site Plan for a three-story, 68,350-square-foot medical office was approved January 2007, on a portion (6.67 acres) of this property and has since expired. The Conceptual PD was approved on April 14, 2009, for a nine-lot commercial development on 12.36 acres. A Detail Plan was approved to allow the development of a 6,468-square- foot restaurant (Rosa’s Café) with a drive-thru on 2.07 acres for Lot 5, Block A. Another ITEM # 7 Page 2 of 2 Detail Plan was approved to allow the development of an 8,100-square-foot structure with professional/medical office and personal service uses, on 1.62 acres for Lot 9, Block A. These have since been constructed. TRANSPORTATION: Denton Tap Road is a P6D divided major arterial built to standard in a 150-foot right-of-way. State Highway 121 was recently completed as a 140-foot, six-lane divided tollway facility within a 450-foot right-of-way. SURROUNDING LAND USE & ZONING: North - residential; PD-134R-SF-7 (Planned Development-134 Revised-Single Family-7) South – Viewpoint Bank; PD-133R3-HC (Planned Development-133 Revised 3- Highway Commercial) East – Coppell Market Street Center; PD-228-HC (Planned Development-228- Highway Commercial) West – vacant and residential; HC (Highway Commercial) and PD-134R-SF-7 (Planned Development-134 Revised-Single Family-7) COMPREHENSIVE PLAN: The Coppell 2030 Comprehensive Master Plan, adopted March 22, 2011, shows the property as suitable for Freeway Special District. DISCUSSION: This is the companion request to PD-240R3-HC. The only outstanding issue is that recordation of all off-site easements are needed prior to recordation of this plat. This recording information shall be shown on the plat. The applicant has agreed with this condition and therefore, staff recommends approval. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Lot 6, Block A, North Gateway Plaza Final Plat subject to the following condition being met: 1. File all off-site easements and note recording information on plat prior to plat recordation. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Final Plat WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING May 10, 2011 17 ✔ PUBLIC HEARING Consider approval of Case No. PD-227R3-TH-1, Bellacere Addition, zoning change request from PD-227R-SF-12 (Planned Development-227 Revised-Single Family-12) to PD-227R3-TH-1 (Planned Development-227 Revision 3-Townhouse-1), to allow the construction of eight (8) single-family homes and two (2) common area lots on 1.863 acres of property located along the north side of Sandy Lake Road, approximately 150 feet east of Summer Place Drive. See attached letter from Tommy N. Cansler, from Timberland Creek Companies, Inc., dated April 27, 2011, appealing the Planning Commission's decision to Council. A 3/4 VOTE OF COUNCIL (6-7) IS NECESSARY TO OVERTURN THE PLANNING COMMISSION'S DENIAL OF THIS ZONING CHANGE. On April 21, 2011, the Planning Commission denied this ZONING CHANGE (4-3), as submitted. Commissioners Haas, Frnka, Sangerhausen and Kittrell voted in favor of denial; Commissioners Goodale, Tankersley and Duncan opposed. On March 24, 2011, the Planning Commission opened and continued the public hearing to the April 21, 2011, meeting (6-0). Commissioners Goodale, Tankersley, Haas, Frnka, Duncan and Kittrell voting in favor. None opposed. Staff recommends DENIAL. @04 PD-227R3-TH, BA-1 AR Gary L. Sieb, A.I.C.P. Director of Planning City of Coppell 255 Parkway Coppell, Texas 75019 Re: Case No. PD-227R3-TH-1, Bellacere Addition Dear Gary, Let this letter serve as a request to place Case No. PD-227R3-TH-1, Bellacere Addition, on the May 10, 2011 City Council agenda. Should you have any questions or need additional information regarding this matter, please let us know. Sincerely, TNC Tommy N Cansler Timberland Creek Companies, Inc. 3340 Roy Orr Blvd. Suite 208 Grand Prairie, Texas 75050 469-688-8224 timberlandcreek@flash.net Item 4 Page 1 of 5 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-227R3-TH-1, Bellacere Addition P&Z HEARING DATE: March 24, 2011 (Continued to April 21 with hearing left open) C.C. HEARING DATE: April 12, 2011 (May 10, 2011) STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: North side of Sandy Lake Road, approximately 150 feet east of Summer Place Drive SIZE OF AREA: 1.961 acres of property (1.863 acres) CURRENT ZONING: PD-227R-SF-12 (Planned Development-227 Revised-Single Family-12) REQUEST: A zoning change to PD-227R3-TH-1 (Planned Development-227 Revision 3- Townhouse-1), to allow the construction of eight (8) single-family homes and two common area lots on 1.96 acres of property located along the north side of Sandy Lake Road, approximately 150 feet east of Summer Place Drive. APPLICANT: Owner: Owner’s Representative: Tom Whatley Tommy N. Cansler Heritage Development Timberland Creek Cos., Ltd. P. O. Box 440 3340 Roy Orr Blvd. Coppell, TX. 75019 Suite 208 (972) 350-9800 Grand Prairie, TX. 75050 Fax: (972) 888-9966 (469) 688-8224 Email: tomwhatley@yahoo.com Fax: (972) 421-6073 Email: timberlandcreek@flash.net HISTORY: This property has a long history. A house was initially constructed in 1953, and stood on the lot for over 40 years. A renovation permit was approved to allow a one-story, detached garage in July of 1999. On February 20, 2000, a building permit was obtained to allow the garage to be constructed as a two story structure. On October 10, 2000, a permit was approved for the main structure renovation to increase the size to a two story structure and attach the garage which was under Item 4 Page 2 of 5 construction at that time. All construction ceased shortly thereafter, and over time the structures became a safety hazard. A permit for the demolition of the garage and addition (ordered by the court) was obtained on September 30, 2004. The property was sold to the current owner who secured a demolition permit on March 29, 2007, and has since removed all buildings on the site. On May 8, 2007, a Preliminary Plat was approved depicting four residential lots and one common area. A rezoning from 2F-9 to PD-227-SF-12 was also approved at that time. In February of 2008, Council modified the plan, and allowed realignment of a mutual access/fire lane easement, reconfiguration of the common lot area, and relocation of the garage access on lot 4. In September of 2008 a Final Plat was recorded depicting the four-lot subdivision. The same owner who obtained the PD zoning subsequently requested an amendment to the zoning which would more than double the density (to nine units) on this 1.9 acre parcel. This zoning request was initially scheduled to be heard by the Planning Commission on September 16, 2010. Because of significant neighborhood opposition and needed modifications to the Plan, the applicant withdrew the zoning request. The case was eventually heard on December 16, 2010 where it was unanimously denied by the Planning Commission. The case was not appealed to Council. On March 24, the Planning Commission continued this case until April 21, 2011, with the hearing left open. The Commission wanted consideration given to reduced density, building footprint shapes, specifications of actual minimum square footage of smallest lot, coverage, and yards more in line with SF-7 zoning. TRANSPORTATION: Sandy Lake Road is a substandard, two-lane asphalt road designated on the Thoroughfare Plan as a four-lane divided thoroughfare. The right-of-way is projected to be 90 feet. This land owner dedicated 24 feet when the zoning was changed to the PD and the property was platted. SURROUNDING LAND USE & ZONING: North: Summer Place (single-family detached homes on approximately 4,000 square foot lots); PD-148 (Planned Development -148) South: Forest Cove and Georgian Place (single-family homes on approximately 8,800 square foot lots); SF-7 (Single family -7) East: Shadydale Acres (single-family homes on approximately 33,000 square foot lots); SF-12 (Single family-12) West: Summer Place (single-family homes on approximately 4,000 square foot lots); PD-148 (Planned Development-148) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended, shows the property as suitable for medium density residential uses. The Comprehensive Plan adopted by Council on March 22 shows the property developed as a residential Item 4 Page 3 of 5 neighborhood with densities ranging from 1-4 units per acre depending upon surrounding development patterns. DISCUSSION: As stated in the HISTORY portion of this case, there has been significant zoning and platting activity on this parcel. Most recently, a subdivision was approved in September of 2008 showing four single-family lots with free-standing dwelling units. Because of the low density proposed (four units), an exception to the minimum street width was supported by staff, resulting in a 24 foot fire lane access easement in lieu of our normally required 50 feet of street right-of-way. In the course of the rezoning discussion, the applicant stated that he intended to build his personal residence on the north lot (Lot 4). Commissioners may recall the “snookered” comment! The average size of lots was stated to be approximately 17,000 square feet. Several additional concessions were made by staff at that time to accommodate the proposed low density development. Included were realignment of the mutual access/fire lane easement (in lieu of a dedicated street), reconfiguration of the open space lot, and relocation of the garage access to accommodate the applicant’s home. In December of 2010, the same owner submitted a revised plan that increased the lot count from 4 to 9; he advised area residents to view K. Hovnanian Homes Heritage Oaks Villas in Colleyville (who subsequently decided to not build this project); he reduced the size of lots from 17,000 square feet to approximately 6,000; decreased lot depths to as little as 90 feet (from 130 feet); scaled-down dwelling unit size from 3000 to 2000 square feet; increased lot coverage from 60% to 70%; reduced setbacks from 25 to 15 feet on half of the lots; modified garage openings from side entry to front entry; and reduced side yard setbacks from 32 feet to 10 feet on a majority of the proposed lots. These modifications from the original 4 lot subdivision raised questions and concerns from area residents. Comments from neighbors ranged from questioning the new density, value of the proposed units, traffic issues, and potential reduction of current home values, among others. After considering a variety of factors, including those stated above, Planning Commission unanimously denied the nine lot proposal at the December 16, 2010 hearing. The Commission’s recommendation was not appealed to Council. The applicant has now submitted a slightly revised case for consideration. He has reduced his density by one lot—to eight—and added two parallel parking spaces. For the most part this request is identical to the last application save and except the one lot reduction (which adds some square footage to the existing lots) and the additional parking. This new application still raises serious staff concerns with this request. In short, there are significant changes to the already approved development that raise questions regarding the validity of this project. First, doubling the density on the parcel is troubling. Second, density is a function of the development around it. In this case, Summer Place has a density of approximately nine units per acre. The property immediately adjacent to the east of the subject tract has a density of 1/2 dwelling unit per acre. Sound land use planning suggests that the density on the subject parcel should accommodate a unit count between these two densities and Item 4 Page 4 of 5 two units per acre makes sense, or the four units currently approved on the applicant’s parcel. Third, the width of the access drive is troubling. We cannot support doubling the unit count with the same access. It increases traffic volume generated by this site, and creates a more hazardous intersection with Sandy Lake Road. Fourth, with the reduced setbacks and the narrow width of the tract, vehicles parked on the driveway pad will extend onto the sidewalk, making it difficult for pedestrians to travel. In addition, a two story house within 15 feet of the sidewalk will overwhelm walkers and is out of scale with all development-- including Summer Place--within this community. Five, earlier this month we were advised there is a builder interested in possibly purchasing lots for construction of single-family homes on two of the four lots platted to the west of Summer Place, identical to the existing ones platted on this parcel today. If the west side lots can accommodate this low density use, the east side can also. In summary, this proposal is only slightly different from the one denied by Commission in December. The density is double that from the existing four lot subdivision. Although the applicant has garnered some neighborhood support, others have expressed concern with this proposal ranging from the density issue to unit value, traffic generation, and adjacent property values, among others. This request is too dense; it contains too many structures; the lots are too small for the area; lot frontage dimensions do not provide enough width to safely accommodate pedestrian circulation; the landscape plan is incomplete; traffic volumes generated by the potential development are double those that were initially proposed, and there are outstanding Engineering comments to be generated when/if detailed Engineering review is undertaken. Because of these concerns, staff recommends denial of this request. As indicated in the revised HISTORY section, the Commission had concerns over a variety of issues in March. Density was discussed and lot counts from 4 to 8 were suggested. The applicant is staying with his 8 units. Building footprint shapes were questioned with reference to size of footprints—could they not be smaller and then meet our setback requirements? All footprints remain as submitted in March. The absolute minimum lot size was discussed, and 6000 square feet was stated although no lot was that small. The revised plan states the minimum is 6,344 feet which now tracks with Site Summary figures. The proposed PD conditions still state the 6,000 foot figure, however. Regarding coverage, SF-7 coverage is 40% of the site and the applicant is requesting 60%. Finally, it was suggested SF-7 setbacks be considered; 25 foot front yards, 8 foot side yards, and 20 foot rear yards. Front yards are 20 feet on Lots 1 and 5-7. (Although the building footprints on Lots 5, 6, and 7 suggest 25 foot setbacks could be accommodated with no footprint changes, and Lot 1 footprint could be reduced by 1 foot and meet the 25 foot setback). Side yards remain as initially submitted in March (primarily 5 feet) and rear yards are 20 feet with the exception of Lots 6-8 which show 15 foot yards. During Commission discussion, staff was asked where support for this application came from (there was 1 response by e-mail in favor of this request). After attempting to gain that information from the e-mail author Item 4 Page 5 of 5 with no success, we have determined that response came from a property owner over 1300 feet from the application site. We have 4 responses in opposition to this case within the 200 foot notification area. That opposition is approximately 10 % of the area. SUMMARY There is not much new information submitted by the applicant. He has retained the same density that garnered staff opposition to the earlier cases in December and March. The footprints of potential buildings remain unchanged. Minimum lot size has been clarified at 6,344 feet although the PD Conditions sheet remains in error. With little change to the Site Plan, front yard setbacks could be set at 25 feet, the 15 foot rear yard could meet the 20 foot requirement, but only if the applicant reduced the footprint of his buildings. Side yards at 5 feet could be enlarged to the 8 foot standard, but again, only if the footprint of the buildings was reduced. The applicant has reduced his overall coverage from 70% to 60%. To reach the more desirable 40% of SF-7 standards, the building footprint would, again, have to be reduced. There are minor changes to the PD Conditions information, primarily that the overall area of the request is 1.863 acres, a reduced coverage number, and the lot size change. Although we have received additional notices in opposition to the request (4 as of early April) the overall percentage within the notification area is around 10%. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending DENIAL of the proposal based upon the reasons stated above. If staff’s recommended changes to the Site Plan and PD Conditions are made, and the footprints of the potential residences are reduced, this project becomes more acceptable. The major concern relates to density and if reduced by 2 units, staff could support this request. The reason for this staff change relates to the new Comprehensive Plan which recognizes “…surrounding development patterns.” As stated in our original staff report densities range from 9 units per acre to the west to less that 1 unit to the east. Four to six units on this parcel appears to meet that planning guideline. Without that reduction, we continue to recommend denial of the proposal. Unfortunately, the applicant could not meet with the Development Review Committee to discuss our continuing concerns due to a personal emergency. Therefore, this request MIGHT be modified at the hearing. Staff will respond to any change to the applicant’s presentation at the Commission meeting. 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. Proposed PD Conditions 2. Zoning Exhibit/Site Plan 3. Screening Wall Elevations (Sheet A1) 4. Landscape Plan and Tree Survey (Sheet L-1) 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 May 10, 2011 18 ✔ PUBLIC HEARING Consider approval of Case No. PD-209R4-C, TownOaks Centre, a zoning change request from PD-209R-C (Planned Development Revised-209-Commercial) to PD-209R4-C (Planned Development-209 Revision 4-Commercial), to allow an increase in the allowable size of a proposed attached sign on property located at the southeast corner of Sandy Lake Road and Denton Tap Road. See attached letter from Douglas Jorgensen, Signs Manufacturing dated April 26, 2011, appealing the Planning Commission's decision to Council. A 3/4 VOTE OF COUNCIL (6-7) IS NECESSARY TO OVERTURN THE PLANNING COMMISSION'S DENIAL OF THIS ZONING CHANGE. On April 21, 2011, the Planning Commission unanimously denied this ZONING CHANGE (7-0), as submitted. Commissioners Goodale, Tankersley, Haas, Frnka, Sangerhausen, Duncan and Kittrell voted in favor; none opposed. Staff recommends DENIAL. @05 PD209R4-C, TC-1 AR ITEM # 8 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-209R4-C, TownOaks Centre P&Z HEARING DATE: April 21, 2011 C.C. HEARING DATE: May 10, 2011 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: SEC of Sandy Lake Road & Denton Tap Road SIZE OF AREA: 8.67 acres of property CURRENT ZONING: PD-209R-C (Planned Development Revised-209-Commercial) REQUEST: A zoning change to PD-209R4-C (Planned Development-209 Revision 4- Commercial), to allow an increase in the allowable size of a proposed attached sign. APPLICANT: Owner: Applicant: Alen Hinckley Douglas Jorgensen Coppell Village, LTD. Signs Manufacturing 12201 Merit Drive, Suite 170 4610 Mint Way Dallas, Texas 75251 Dallas, Texas 75236 (972) 991-4600 (214)339-2227 FAX: (972) 991-7500 FAX: (214) 339-9987 HISTORY: This property was originally platted into four lots in 1984. Lot 1 was platted for a restaurant pad site, Lots 2 and 4 for “strip” retail and Lot 3 for a Minyards grocery store. In March of that year, the Board of Adjustment granted a variance to the then required ten-foot front yard, decreasing the landscape setback to seven feet. The applicant contended that they had already drawn the plans, etc, prior to the adoption of the ordinance requiring ten feet of landscaping and that providing the ten feet would create a hardship (current ordinances would require a minimum of 15 feet of landscaping along street rights-of-way). Lot 1 has a long zoning/occupancy history. The building was constructed for a restaurant use (Sliders and Blues) in 1992. In 1995, the SUP was amended to permit the patio to be enclosed. To satisfy the parking requirement of this ITEM # 8 Page 2 of 3 expanded restaurant use, the property owner entered into a parking agreement with the abutting shopping center to allow the use of an additional 14 parking spaces. In 2001, CJ’s Clubhouse occupied this restaurant. In April 2003, it was Kelly’s until 2007, when Bin555 occupied this building. In January 2005, Council approved placing this entire property under a Planned Development District to allow a revised elevation and variances to the sign ordinance including a 150-square-foot attached sign for Express Fitness (116 square foot sign – 129% larger than permitted), and two 63-square feet, externally-lit monument signs with variances to the setback requirements. In April 2008, an additional sign variance was granted through the Planned Development process, allowing a 51.9-square-foot sign for Tuesday Morning, where a 25.6-square-foot sign would normally be permitted. In July 2008, Council approved variances to the Zoning Ordinance including: the incorporation of metal standing seam awnings on three facades; two outdoor patio areas encroaching into the required setback areas, a monument sign to be setback ten feet from the property line, and sign variances for the current occupants, Chipotle and Mooyah. In June 2010 Council approved an amendment to this PD to allow covered parking spaces and an enhanced entrance in the rear of the building. TRANSPORTATION: Denton Tap Road is a six-lane divided thoroughfare built to standard within a 120- foot right-of-way. SURROUNDING LAND USE & ZONING: North –Frost Bank and Tom Thumb shopping center; TC (Town Center) South – Braewood West subdivision; SF-7 (Single Family-7) East–Braewood West subdivision; SF-7 (Single Family-7) West– McDonalds, Exxon gas station; R (Retail) COMPREHENSIVE PLAN: The Coppell 2030 Comprehensive Master Plan shows this property as suitable for a Mixed Use Community Center. DISCUSSION: This is the seventh request to vary the regulations of the Sign Ordinance for this shopping center. Previous requests included: an 150 square foot sign for Express Fitness, which is 129% larger than permitted, a 52 square foot sign for Tuesday Morning, where a 25.6 square foot sign would be permitted, several variances to Mooyah’s and Chipotle’s signs, and finally, the three existing monument signs are not compliant with the Sign Ordinance. The current request is to allow a sign on the second floor of the west elevation (Denton Tap Road), for Sandy Lake Dental and Orthodontics, which exceeds the provisions of the Sign Ordinance. The lease space has 75 feet of frontage. Based on the 1:1 ratio prescribed in the Ordinance, a 75 square foot sign would ITEM # 8 Page 3 of 3 be permitted. The request is for 115.69 square foot sign (reduced from the initial submittal of a 128 square foot sign). This use also has 210 feet of frontage on Sandy Lake Road, and the sign proposed for this elevation is 91.03 square feet, which meets the requirements of the Sign Ordinance. Total signage being requested is 206.72 square feet, and the total frontage is 285 linear feet. While an argument could be made that they are not exceeding the total amount of signage that would be permitted for this use, they are violating the 1:1 ratio along the west elevation which can not be supported by staff. Staff is concerned when the remaining spaces are leased, where are they going to place their signs? Will additional variances be requested? The purpose of the one-to-one ratio (one square foot of sign for every linear foot of frontage) is permit signs which are proportionate to the size of the storefront. While the sign currently being requested only exceeds this ratio by 35%, there is (and has been) a domino effect. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending DENIAL of PD-209R4-C (Planned Development-209 Revision 4-Commercial), to allow an increase in the allowable size of a proposed attached sign on the west elevation of this shopping center. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Cover letter from applicant 2. Authorization/support letter from property owner 3. Site Plan 4. North Elevation – Sign Detail 5. West Elevation – Sign Detail 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 May 10, 2011 19 ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-238R-HC, Coppell Office Village, a zoning change from PD-238-HC (Planned Development-238-Highway Commercial) to PD-238R-HC (Planned Development-238 Revised-Highway Commercial), to revise the Detail Site Plan to allow a 40-square-foot internally illuminated glass monument sign with a stone base on 2.02 acres of property located at 225 East S.H. 121 and authorizing the Mayor to sign. On April 12, 2011, Council approved this ZONING CHANGE (6-1). On March 22, 2011, Council left open and continued the public hearing to the April 12, 2011, meeting (7-0). On March 8, 2011, Council opened and continued the public hearing to the March 22, 2011, meeting (6-0). On February 17, 2011, the Planning Commission unanimously denied this ZONING CHANGE (7-0). Commissioners Goodale, Tankersley, Haas, Frnka, Sangerhausen, Duncan and Kittrell voted in favor of denial, none opposed. Staff recommends DENIAL. @06 PD-238R-HC, COV ORD-1 AR 1 TM 49027.2.42611 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-238-HC (PLANNED DEVELOPMENT-238-HIGHWAY COMMERCIAL) TO PD-238R-HC (PLANNED DEVELOPMENT-238 REVISED-HIGHWAY COMMERCIAL), TO REVISE THE DETAIL SITE PLAN TO ALLOW A 40-SQUARE-FOOT INTERNALLY ILLUMINATED, GLASS MONUMENT SIGN WITH A STONE BASE, ON PROPERTY LOCATED AT 225 EAST S.H. 121 AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE SIGN ELEVATION AND DETAILS, ATTACHED HERETO AS EXHIBITS “B AND C”, RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-238R- 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-238-HC (Planned Development-238-Highway Commercial) to PD-238R-HC (Planned Development-238 Revised- Highway Commercial), to revise the Detail Site Plan to allow a 40-square-foot internally illuminated glass monument sign with a stone base on property located at 225 East S.H. 121 and 2 TM 49027.2.42611 being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the HC (Highway Commercial) District regulations of the Zoning Ordinance, except as set forth herein below; A. Except as amended herein and as provided in this Ordinance, the property shall be developed in accordance with commercial zoned property as set forth in Ordinance 91500-A-517, which is incorporated herein as set forth in full and hereby republished. B. The sign shall be constructed as detailed in Exhibits “B” and “C” which are attached to and made a part of this ordinance, and the sign shall be: a. constructed of a minimum of one-half (½)-inch-thick etched tempered glass, b. the glass portion shall be a maximum of twenty-three (23’) square feet; c. illumination shall be limited to blue LED ; d. COR-TEN steel letters shall be attached to the face of the sign as illustrated on the Exhibit “B”. e. The stone base shall be maintained and free of oxidation (rust) residue or deposits from the COR-TEN letters. f. The street address numbers of the building shall be added to the sign face. C. This amendment to the Planned Development shall be expire one year from the date the Ordinance is approved and signed by the Mayor. SECTION 3. That Sign Elevation and Details attached hereto as Exhibits “B and C,” respectively, and made a part hereof for all purposes as special conditions, are hereby approved. 3 TM 49027.2.42611 SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. 4 TM 49027.2.42611 DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2011. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 4/26/11) WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Engineering May 10, 2011 20 ✔ CONTRACT/BID or PROPOSAL Consider approval of awarding Bid #Q-0411-01 "Belt Line Road and Denton Tap Road Brick Paver Replacement" to Jim Bowman Construction Company, L.P. in the amount of $307,430.70, and approval of an incentive bonus amount of up to an additional $45,000 for a total award of $352,430.70, as provided for in the IMF; and authorizing the City Manager to sign and execute any necessary documents. Approval of this contract will allow the the construction to begin on the intersection of Belt Line/Denton Tap Road and Southwestern. The project will consist of replacing the entire intersection of brick pavers with stamped concrete bands. Staff will be available to answer any questions at the Council meeting. Funds are available in the Infrastructure Maintenance Fund for this contract. Staff recommends approval of this contract. #BeltLineDentonTap Award MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: George S. Marshall, P.E., Civil Engineer DATE: May 10, 2011 RE: Consider approval of awarding Bid #Q-0411-01 "Belt Line Road & Denton Tap Road Brick Paver Replacement" to Jim Bowman Construction Company, L.P. in the amount of $307,430.70, and approval of an incentive bonus amount of up to an additional $45,000 for a total award of $352,430.70, as provided for in the IMF; and authorizing the City Manager to sign and execute any necessary documents. On April 28th, 2011 the City of Coppell received and opened 3 bids for the Belt Line Road and Denton Tap Road Brick Paver Replacement contract. The bids ranged from $307,430.70 to $354,460.00. The anticipated cost of construction for this project was $330,000. The project is designed to replace the entire brick paver intersection and the concrete below the pavers. The new intersection will consist of standard concrete, stamped concrete bands along the crosswalks and a decorative design in the center of the intersection to mimic the Denton Tap Road and Sandy Lake Road intersection completed last summer. On April 12th, 2011, the Director of Engineering and Public Works presented to Council the Engineering Department’s plan to close Southwestern Blvd & E. Belt Line Road at the intersection of S. Belt Line Road and Denton Tap Road and reduce Denton Tap Road to one lane northbound and one lane southbound for a period of up to 30 calendar days. The low bid of $307,430.70 was submitted by Jim Bowman Construction Company, L.P. based in Plano. This company constructed the Denton Tap Road and Sandy Lake Road Intersection last summer. Based on past experience with this company, it appears Jim Bowman Construction Company, L.P. is qualified and capable of completing this work. We are also asking for approval of an incentive bonus amount of $45,000. This amount would be used to pay the maximum incentive bonus at $3,000.00 per day as defined within the bid documents. The maximum incentive bonus can be achieved by reestablishing all lanes of traffic in all directions within 15 calendar days. On the 30th calendar day the bonus would be $0. In the event the road closure time takes longer than 30 calendar days, there will be damages assessed of $3,000 per day. There is no limit on the amount of disincentive. Staff recommends the award of the “Belt Line Road and Denton Tap Brick Paver Replacement” project to Jim Bowman Construction Company, L.P. in the amount of $307,430.70 with an additional incentive bonus amount of $45,000.00 for a total award of $352,430.70. Staff will be available to answer any questions at the Council meeting. Bid Q-0411-01 BELT LINE & DENTON TAP BRICK PAVER REPLACEMENT PROJECT NO. MA10-06DESCRIPTION QTY Unit unit price extended price extended price extended1Mobilization, Complete In Place 1 LS $14,500.00 $14,500.00 $15,000.00 $15,000.00 $33,900.00 $33,900.002Prepare and Implement SWPPP, Complete In Place1 LS $750.00 $750.00 $1,500.00 $1,500.00 $500.00 $500.003Project Signs, Complete In Place4 EA $400.00 $1,600.00 $400.00 $1,600.00 $300.00 $1,200.004Remove and Dispose of Brick Pavers, Complete In Place3,052 SY $2.00 $6,104.00 $4.00 $12,208.00 $10.00 $30,520.005Remove and Dispose of Concrete, Complete In Place3,091 SY $6.50 $20,091.50 $8.00 $24,728.00 $10.00 $30,910.006Subgrade Preparation, Complete In Place2,731 SY $2.00 $5,462.00 $2.00 $5,462.00 $1.00 $2,731.007Barrier Free Raamp, Complete In Place4 EA $1,100.00 $4,400.00 $1,000.00 $4,000.00 $1,500.00 $6,000.008Pavement Markings, Complete In Place1 LS $20,750.00 $20,750.00 $20,000.00 $20,000.00 $19,650.00 $19,650.009Trafic Control, Complete In Place1 LS $15,000.00 $15,000.00 $15,000.00 $15,000.00 $5,000.00 $5,000.0010Temporary Traffic Signal @ S. Belt Line & Sanders Loop, Complete and In Place 1 LS $10,250.00 $10,250.00 $19,250.00 $19,250.00 $8,000.00 $8,000.001112' Reinforced Concrete Pavement with Monolithic Curbs, Complete and In place1,849 SY $60.80 $112,419.20 $55.00 $101,695.00 $65.00 $120,185.001212" Stamped Concrete Pavement with Integral Color (15' Bands only), Complete and In Place594 SY $100.50 $59,697.00 $104.00 $61,776.00 $99.00 $58,806.001312" Stamped Concrete Pavement with Integral Color (Center Detail, 2 colors), Complete and In Place218 SY $101.50 $22,127.00 $105.00 $22,890.00 $106.00 $23,108.00146" Stamped Concrete Pavement with Integral Color (Median Nose), Complete In Place70 SY $97.00 $6,790.00 $100.00 $7,000.00 $93.00 $6,510.00154" Concrete Sidewalk, Complete and In Place660 SF $4.00 $2,640.00 $3.50 $2,310.00 $4.00 $2,640.0016Sod, Complete In Place1,000 SF $0.75 $750.00 $1.00 $1,000.00 $1.00 $1,000.0017Temporary Curb Cut & Replacement, Complete In Place1 LS $3,500.00 $3,500.00 $2,000.00 $2,000.00 $3,000.00 $3,000.0018Traffic Signal Pull Box, Remove & Replace, Complete In Place1 EA $600.00 $600.00 $750.00 $750.00 $800.00 $800.00TOTAL BID ITEMS (Items 1-13)$293,150.70 $305,109.00 $340,510.00Tangible Personal Property Cost$106,100.00 $500.00 $13,950.00TOTAL BID ITEMS $307,430.70 $318,669.00 $354,460.00Total Time (Calandar Days)45 90 45Jim Bowman 3D Paving North Texas Contracting, Inc Belt Line & Denton TapBrick Paver ReplacementCity of Coppell Project MA10-06Created in AutoCAD1 INCH = 1 MILE011/2S:\CAD\In_Design\MA10-06 DT-BL Brick Paver\dwg\CC Exhibits\MA10-06 CC EXHIBITS.dwgCreated on: 6 April 2011 by George Marshall Belt Line & Denton TapBrick Paver ReplacementCity of Coppell Project MA10-06Created in AutoCAD1 INCH = 50 FEET05025S:\CAD\In_Design\MA10-06 DT-BL Brick Paver\dwg\CC Exhibits\MA10-06 CC EXHIBITS.dwgCreated on: 6 April 2011 by George Marshall Belt Line & Denton TapBrick Paver ReplacementCity of Coppell Project MA10-06Created in AutoCAD1 INCH = 1 MILE011/2S:\CAD\In_Design\MA10-06 DT-BL Brick Paver\dwg\CC Exhibits\MA10-06 CC EXHIBITS.dwgCreated on: 6 April 2011 by George Marshall Belt Line & Denton TapBrick Paver ReplacementCity of Coppell Project MA10-06Created in AutoCAD1 INCH = 1000 FEET01000500S:\CAD\In_Design\MA10-06 DT-BL Brick Paver\dwg\CC Exhibits\MA10-06 CC EXHIBITS.dwgCreated on: 6 April 2011 by George Marshall Belt Line & Denton TapBrick Paver ReplacementCity of Coppell Project MA10-06Created in AutoCAD1 INCH = 100 FEET010050S:\CAD\In_Design\MA10-06 DT-BL Brick Paver\dwg\CC Exhibits\MA10-06 CC EXHIBITS.dwgCreated on: 6 April 2011 by George Marshall AGENDA REQUEST FORM DATE: May 10, 2011 ITEM #: 21 CITY MANAGER'S REPORT A. Project Update and Future Agendas. Agenda Request Form - Revised 09/027 Document Name: %manrep DATE: May 10, 2011 ITEM #: 22 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding Metroplex Mayors Meeting. B. Report by Mayor Stover regarding Bounce to be held on May 14th at Wagon Wheel Park from 10am - 2pm. C. Report by Mayor Stover regarding the Tennis Center Opening to be held on May 14th. D. Report by Mayor Stover regarding various community events: EGGstravaganza, Earthfest, Relay for Life, National Day of Prayer, the Senior Center Candidate Forum and State of the City. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: May 10, 2011 ITEM #: 23 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: May 10, 2011 ITEM #: 24 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: May 10, 2011 Department Submissions: Item No. 7 was placed on the Agenda for the above-referenced City Council meeting by the Library Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Library Department Items No. 10G and 20 were placed on the Agenda for the above-referenced City Council meeting by the Engineering Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Engineering Department Items No. 10E, 14, 15, 16, 17, 18 and 19 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 CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: May 10, 2011 Department Submissions: 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)