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CP 2012-03-27City Council City of Coppell, Texas Meeting Agenda 255 Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers5:30 PMTuesday, March 27, 2012 DOUG STOVER MARSHA TUNNELL Mayor Mayor Pro Tem TIM BRANCHEAU BILLY FAUGHT Place 1 Place 5 BOB MAHALIK MARVIN FRANKLIN Place 2 Place 6 BRIANNA HINOJOSA-FLORES KAREN HUNT Place 3 Place 7 CLAY PHILLIPS City Manager Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session 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: 1.Call to Order 2.Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.087, Texas Government Code - Economic Development Negotiations. A.Discussion regarding Economic Development Prospects north of Northpoint Drive and east of Royal Lane. B.Discussion regarding Economic Development Prospects south of Dividend and west of Page 1 City of Coppell, Texas Printed on 3/23/2012 March 27, 2012City Council Meeting Agenda Belt Line Road. Section 551.072, Texas Government Code - Deliberation regarding Real Property. C.Discussion regarding property closings and related construction matters at Northlake. 3.Work Session (Open to the Public) 1st Floor Conference Room A.Discussion regarding the Citizen Satisfaction Survey. B.Presentation and Update Regarding the Senior and Community Center. C.Discussion regarding Non-Profit Funding. D.Discussion regarding Goals and Objectives. E.Discussion of Agenda Items. 2007 Coppell Survey Cumulative Results.pdf Senior Center Update-Staff Memo.docx Attachments: Regular Session 4.Invocation 7:30 p.m. 5.Pledge of Allegiance 6.Consider approval of a proclamation naming the month of March as Women Veterans Month, and authorizing the Mayor to sign. Proclamation - Women Veterans Month.pdfAttachments: 7.Board Report by Keep Coppell Beautiful. 8.Citizens’ Appearance 9.Consent Agenda A.Consider approval of minutes: February 28, 2012 and March 19, 2012. Minutes for February 28.pdf Minutes for March 19.pdf Attachments: B.Consider approval of an Ordinance for Case No. S-1256-R/O, Signature Living at Denton Creek, a zoning change from R (Retail) & O (Office) to S-1256-R/O (Special Use Permit-Retail/Office), to allow a 57,708-square-foot (74 units, 79 beds) assisted living and memory care facility on 5.3 acres of property located along the north side of East Sandy Lake Road, east of Riverview Drive and authorizing the Mayor to sign. Page 2 City of Coppell, Texas Printed on 3/23/2012 March 27, 2012City Council Meeting Agenda Ordinance.pdf Exhibit A Legal Description.pdf Exhibits B - F.pdf Attachments: C.Consider approval of an Ordinance for Case No. PD-251R-SF-12, Rosebriar Estates, a zoning change from SF-12 (Single Family-12) to PD-251R-SF-12 (Planned Development-251 Revised-Single Family-12), to allow the development of six (6) single-family lots, with a minimum lot size of 12,000 square feet and three (3) common area lots on 2.8 acres of property located south of East Sandy Lake Road between Dobecka Drive and Castlebury Court and authorizing the Mayor to sign. Ordinance.pdf Exhibit A.pdf Exhibit B Site Plan.pdf Exhibit C Tree Survey.pdf Exhbit D Landscape Plan.pdf Attachments: D.Consider approval of an Ordinance for Case No. PD-246R-SF-12, Carter Addition PH III, a zoning change from SF-12 (Single Family-12) & A (Agricultural) to PD-246R-SF-12 (Planned Development-246 Revised-Single Family-12), to attach a Detail Site Plan to permit 22 single-family lots and one common area lot on 20.28 acres of property located on the south side of Carter Drive, approximately 925 feet west of Moore Road and authorizing the Mayor to sign. Ordinance.pdf Exhibit A Legal Description.pdf Exhibit B Detail Site Plan.pdf Exhibit C Tree Survey.pdf Attachments: E.Consider approval of an Interlocal Purchasing Agreement between the City of Midlothian and the City of Coppell; and authorizing the Mayor to sign. Interlocal Agreement - Midlothian.pdf Midlothian memo.pdf Attachments: F.Consider approval of a contract extension for audit services with Grant Thornton for an additional two year period in the amount of $63,600 for 2012 and $64,800 for 2013, plus an additional $10,000 each year, if required, for Single Audit costs, and authorizing the City Manager to sign. City of Coppell 2012 and 2013 Fee Letter.pdfAttachments: G.Consider approval of an Ordinance of the City of Coppell, Texas, amending Chapter 9, Section 9, Article 9-19, “Youth Camp Program Standards Of Care”; amending Section 9-19-2 “Organization” by amending Subsection 9-19-2(B), and by amending Section 9-19-3 “Definitions” by repealing and replacing “Parks and Recreation Manager” to “Assistant Director of Recreation”, and repealing and replacing “Recreation Services Supervisor” to “Recreation Coordinator”, and amending Section 9-19-4 “Inspections/Monitoring/Enforcement” by amending Subsection 9-19-4(B), 9-19-4(C), 9-19-4(E), and 9-19-4(F) by adding a visual inspection by the ADR and providing that inspection reports to be maintained by the Recreation Coordinator, amending Section 9-19-8 “Site Director’s Responsibilities” by amending Subsection 9-19-8(B) to change Page 3 City of Coppell, Texas Printed on 3/23/2012 March 27, 2012City Council Meeting Agenda designation Recreation Coordinator to make hiring recommendation, and by amending Section 9-19-11 “Training/Orientation” by amending Subsection 9-19-11(A) and (D) to provide for training and orientation by Recreation Coordinator in lieu of Recreation Service Supervisor, and by amending Section 9-19-19 “Health” by amending Subsection 9-19-19(N) to clarify sanitation requirements for attendees; providing a repealing clause; providing a severability clause; providing a savings clause; and providing an effective date; and authorizing the Mayor to sign. Staff Memo.doc Ordinance.Doc Attachments: End of Consent Agenda 10.Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2011-1290, the budget for the Fiscal Year October 1, 2011 through September 30, 2012, and authorizing the Mayor to sign. Budget Amendment March 27, 2012.pdf Budget Amendment Memo March 27, 2012.pdf Attachments: 11.Consider approval of an Ordinance amending Ordinance No. 2011-1295, which established the City’s participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, established terms and conditions of qualification for Enterprise Zone designation, provided for a liaison, provided for an annual report, provided for identification and summary for local incentives available for the business enterprise, provided for an effective date and nominated Barcel USA, LLC to the Office of Governor Economic Development & Tourism (EDT) through an Economic Development Bank (Bank) as an enterprise project, by adding to the summary of local incentives that may be available for the business enterprise and modifying the termination date for the enterprise project. Memo - Revised Barcel USA Enterprise Zone Ordinance.pdf Ordinance - Revised Barcel USA Enterprise Zone Ordinance.pdf Attachments: 12.PUBLIC HEARING: Consider approval of Case No. PD-253-H, Old Town Water Tank/Office Addition, Lots 1 & 2, Block A, a zoning change request from H (Historic) to PD-253-H (Planned Development-253-Historic) to establish a Detail Site Plan, to allow for the reuse of the existing structures for office uses and to retain the existing empty water tank on 0.514 acres of property located at 616/618 South Coppell Road. Staff Report.pdf OldCoppellMPAdaptiveReuse.pdf Color Rendering.pdf Site Plan/Landscape Plan/Tree Survey.pdf Exisitng Condition.pdf Elevations-B&W.pdf Attachments: 13.Consider approval of the Old Town Water Tank/Office Addition, Lots 1 & 2, Block A, Minor Plat, to subdivide the property to establish a building site and necessary easements to allow for the reuse of the existing structures and a separate lot for retaining the existing empty water tank on 0.514 acres of property located at 616/618 South Coppell Road. Page 4 City of Coppell, Texas Printed on 3/23/2012 March 27, 2012City Council Meeting Agenda Staff Report.pdf Minor Plat.pdf Attachments: 14.Consider and authorize City Manager to negotiate and execute a Purchase and Sale Agreement, and any necessary agreements and instruments thereto, for the sale of Lot 1, Block A of the Old Town Water Tank/Office Addition, approximately 0.453 acres of land and improvements to The Edinburgh Group, Inc. The property is located at 616 and 618 S. Coppell Road. Memo.pdf Purchase and Sale Agreement.pdf Attachments: 15.PUBLIC HEARING: Consider approval of Case No. S-1255-C, The Learning Experience, a zoning change request from C (Commercial) to S-1255-C (Special Use Permit-1255-Commercial), to permit an approximate 11,000-square-foot day care to be located within the existing two-story building, removal of a portion of the parking lot to accommodate the addition of a 5,150-square-foot outdoor play area with a rubber surface to be located at 123 East Sandy Lake Road. Staff Report.pdf Site Plan.pdf Trash, Signage Exhibit.pdf Photo of Proposed Screening Fence.pdf Attachments: 16.PUBLIC HEARING: Consider approval of Case No. PD-95R-SF-9, Shadow Ridge Estates I, Lot 10, Block A, a zoning change request from PD-95-SF-9 (Planned Development-95-Single Family-9) to PD-95R-SF-9 (Planned Development-95 Revised-Single Family-9), to allow for a 767.5-square-foot garage expansion which encroaches into the required rear yard on 0.33 acres of property located at 202 Southern Belle Drive. E-mail - Continune until April 10.pdf Staff Report.pdf Site Plan.PDF Elevation.PDF Oncor Letter.pdf ATMOS Letter Attachments: 17.PUBLIC HEARING: Consider approval of Case No. PD-199R6-HC, Zimmer, a zoning change request from PD-199R5-HC-S-1211R2 (Planned Development-199 Revision 5-Highway Commercial-Special Use Permit-1211 Revision 2) to PD-199R6-HC (Planned Development-199 Revision 6-Highway Commercial), to revise the Detail Site Plan to allow a sign with a logo which exceeds 20% of the area of the sign on 1.4 acres of property located at 697 E. Highway 121. Appeal Letter.pdf Revised Sign to Council.pdf Staff Report.pdf Site Plan, Zimmer Company Info, Floor Plan, Sign.pdf Attachments: Page 5 City of Coppell, Texas Printed on 3/23/2012 March 27, 2012City Council Meeting Agenda City Manager Reports 18.Project Updates and Future Agendas. Mayor and Council Reports 19.A.Report by Mayor Stover regarding the Plaza Movie Series beginning March 23rd. B.Report by Mayor Stover regarding Eggstravaganza, April 7th at 11am at Wagon Wheel Park. Council Committee Reports 20.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. 21.Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. 22.Necessary Action from Executive Session Adjournment ________________________ Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 23rd day of March, 2012, at _____________. ______________________________ Christel Pettinos, City Secretary Page 6 City of Coppell, Texas Printed on 3/23/2012 March 27, 2012City Council Meeting Agenda 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 makes 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). Page 7 City of Coppell, Texas Printed on 3/23/2012 CITY OF COPPELL 2007 VOTER ATTITUDE SURVEY CUMULATIVE RESULTS PROJECT 11082006 RAYMOND TURCO & ASSOCIATES JANUARY 2007 __________________________________________________________________________ MY NAME IS ____________ AND I'M WITH RAYMAR RESEARCH. WE ARE NOT A DIRECT MARKETING FIRM AND THIS IS NOT A SALES CALL. WE ARE A PUBLIC OPINION RESEARCH FIRM, CONDUCTING A SURVEY ABOUT ISSUES IN YOUR COMMUNITY. WOULD IT BE ALL RIGHT IF I TOOK A FEW MINUTES OF YOUR TIME TO ASK YOU A FEW QUESTIONS? AREA (NORTH OF SANDY LAKE; EAST OF DENTON TAP) AREA I . . . . . . .40% (WEST OF DENTON TAP) AREA II . . . . . . .24% (SOUTH OF SANDY LAKE; EAST OF DENTON TAP) AREA III . . . . . .36% SHEET NUMBER ________ SEX MALE . . . . . . . .48% FEMALE . . . . . . .52% 1. HOW SATISFIED OR DISSATISFIED ARE YOU WITH THE QUALITY OF LIFE IN YOUR COMMUNITY. ARE YOU . . . . VERY SATISFIED . . . 56% SATISFIED . . . . . 42% DISSATISFIED . . . . .2% VERY DISSATISFIED . .1% NO OPINION . . . . . .0% 2. HOW LONG HAVE YOU LIVED IN COPPELL? LESS THAN ONE YEAR . .0% 1 - 3 YEARS . . . . .5% 3 - 5 YEARS . . . . .6% 5 - 7 YEARS . . . . 11% OVER 7 YEARS . . . . 78% REFUSE TO ANSWER . . .0% 3. PLEASE TELL ME WHICH OF THE FOLLOWING ASPECTS ATTRACTED YOU TO COPPELL? (SELECT ALL THAT APPLY) SCHOOLS . . . . . . .74% LOCATION . . . . . .83% AMENITIES . . . . . .35% SENSE OF COMMUNITY .56% GOOD INVESTMENT . . .66% CLOSE TO FAMILY . . .28% FOUND DREAM HOME . .24% OTHER____________ . .10% NO OPINION . . . . . 0% 4. DURING THE TIME YOU HAVE LIVED HERE, DO YOU THINK THAT AS A COMMUNITY IN WHICH TO LIVE, COPPELL HAS IMPROVED, STAYED THE SAME OR GOTTEN WORSE? IMPROVED . . . . . . 51% SAME . . . . . . . . 36% WORSE . . . . . . . 12% NO OPINION . . . . . .1% 5. OUTSIDE OF TAXES, WHAT WOULD YOU SAY IS THE MOST CRITICAL ISSUE FACING COPPELL OVER THE NEXT FIVE YEARS? North Lake development-Cypress Gardens (24%), overcrowded schools-high school (18%), growth-population-overcrowding (15%), school related issues- quality of education (12%) 6. PLEASE TELL ME HOW OFTEN YOU VOTE IN CITY ELECTIONS? ALWAYS . . . . . . . 55% OFTEN . . . . . . . 30% SELDOM . . . . . . . 10% NEVER . . . . . . . .5% NO OPINION . . . . . .0% 7. LET'S TALK ABOUT SERVICES THAT THE CITY OFFERS. AS I READ EACH SERVICE, PLEASE RATE IT EXCELLENT, GOOD, FAIR OR POOR. E G F P NO A) EMERGENCY MEDICAL SERVICES 52% 25% 2% 2% 20% B) POLICE SERVICES 47% 40% 6% 3% 5% C) STREET MAINTENANCE 22% 58% 17% 3% 0% D) PLANNING AND ZONING 16% 50% 21% 5% 9% E) FIRE DEPARTMENT 53% 36% 2% 0% 11% F) RECREATIONAL SERVICES 47% 42% 7% 1% 4% G) LIBRARY 45% 41% 6% 1% 8% H) BUILDING INSPECTION 13% 35% 8% 2% 45% I) SOLID WASTE/RECYCLING SERVICES 38% 51% 8% 1% 3% J) WATER/WASTEWATER 28% 57% 9% 2% 5% K) PARK FACILITIES 43% 50% 4% 1% 2% L) SIDEWALK MAINTENANCE 15% 53% 19% 8% 5% M) ABILITY TO CONDUCT BUSINESS 13% 34% 11% 3% 40% THROUGH THE CITY’S WEB SITE 8. PLEASE TELL ME HOW SATISFIED OR DISSATISFIED YOU ARE WITH THE WORK THE CITY OF COPPELL HAS DONE IN THE FOLLOWING AREAS . . . . VS S D VD NO A) PROVIDING A SAFE COMMUNITY 40% 57% 3% 0% 0% B) PROVIDING AN ADEQUATE FORUM FOR PUBLIC 25% 65% 5% 0% 6% INPUT C) KEEPING CITIZENS INFORMED ABOUT CITY 26% 65% 6% 1% 2% BUSINESS D) PLANNING FOR FUTURE NEEDS OF RESIDENTS 17% 61% 15% 1% 7% E) MAINTAINING A QUALIFIED WORKFORCE OF 16% 63% 2% 0% 19% CITY EMPLOYEES F) PROVIDING ADEQUATE COMMUNITY EVENTS 23% 69% 4% 1% 4% G) MONITORING OF DFW AIRPORT OPERATIONS 12% 55% 7% 1% 25% H) WORKING WITH SCHOOL DISTRICTS 26% 53% 8% 2% 12% (CISD, CFBISD, AND LEWISVILLE ISDs) I) PROVIDING ARTS AND CULTURAL EVENTS 12% 63% 16% 2% 8% J) STRICTER ENFORCEMENT OF TRAFFIC LAWS 16% 61% 15% 5% 3% K) PROVIDING RECREATIONAL OPPORTUNITIES 27% 65% 5% 1% 3% 9. HOW STRONGLY WOULD YOU SUPPORT THE CITY COUNCIL WORKING ON THE FOLLOWING ISSUES OVER THE NEXT TWO YEARS . . . . SS S O SO NO A) MAINTAINING EMPHASIS ON PUBLIC SAFETY 45% 52% 2% 0% 1% B) IMPROVING CITY SERVICES 27% 68% 4% 0% 2% C) BEING MORE RESPONSIVE TO CITIZENS 29% 66% 3% 0% 3% D) ALLEVIATING TRAFFIC CONGESTION 39% 54% 5% 1% 2% E) MAINTAINING INFRASTRUCTURE (STREETS, 38% 59% 2% 0% 1% SIDEWALKS, AND FACILITIES) 10. HAVE YOU HAD CONTACT WITH A CITY EMPLOYEE DURING THE PAST YEAR? YES . . . . . . . . 48% (IF NO OR DON'T REMEMBER, SKIP TO #12) NO . . . . . . . . . 50% DON’T REMEMBER . . . .2% 11. THE CITY IS MONITORING CUSTOMER SERVICE. AS I READ A LIST, PLEASE TELL ME OVERALL, HOW SATISFIED OR DISSATISFIED YOU WERE WITH THE FOLLOWING ACTIVITIES . . . . VS S D VD NO A) THE COURTESY OF THE PERSON ANSWERING 54% 39% 3% 1% 4% THE TELEPHONE B) DIRECTED TO THE CORRECT DEPARTMENT FOR 42% 51% 4% 1% 4% MY CONCERN C) EMPLOYEE SEEMED CONCERNED ABOUT MY PROBLEM 34% 57% 5% 3% 1% D) ASKED ADEQUATE QUESTIONS TO DETERMINE 31% 59% 4% 2% 5% THE NATURE OF THE PROBLEM E) IF NOT AVAILABLE, THE CORRECT EMPLOYEE 21% 41% 6% 2% 30% RETURNED MY CALL IN A REASONABLE AMOUNT OF TIME F) THE PROBLEM WAS ADEQUATELY RESOLVED BY 30% 54% 7% 5% 4% EMPLOYEE RESPONDING G) FOLLOW-UP FROM CITY TO ENSURE MY CONCERNS 18% 39% 13% 5% 26% WERE ADDRESSED H) THE PEOPLE I WORKED WITH SHOWED PRIDE IN 28% 58% 6% 2% 5% THE WORK THEY WERE DOING 12. THE CITY IS FUNDED BY VARIOUS SOURCES, ONE OF WHICH IS PROPERTY TAXES. PLEASE CONSIDER ALL YOUR EXPERIENCES TO DATE WITH SERVICES PROVIDED BY THE CITY. WOULD YOU CONSIDER THE MONEY YOU PAY VERSUS THE SERVICES YOU ARE PROVIDED TO BE A . . . . GREAT VALUE. . . . . 12% GOOD VALUE . . . . . 50% FAIR VALUE . . . . . 30% POOR VALUE . . . . . .8% NO OPINION . . . . . .1% 13. IF ADDITIONAL STATE SALES TAX FUNDING BECAME AVAILABLE, EITHER THROUGH STATE LAW OR REDISTRIBUTION OF CURRENT SALES TAX, HOW STRONGLY WOULD YOU SUPPORT OR OPPOSE REDIRECTING THAT TAX TO OTHER SERVICES OR PROGRAMS IN ORDER TO REDUCE THE BURDEN ON THE CITY’S GENERAL FUND, WHICH IS MOSTLY FINANCED THROUGH PROPERTY TAXES? STRONGLY SUPPORT . . 24% SUPPORT . . . . . . 47% OPPOSE . . . . . . . .8% STRONGLY OPPOSE . . .3% NO OPINION . . . . . 19% 14. AND HOW STRONGLY WOULD YOU SUPPORT OR OPPOSE REDIRECTING THE ADDITIONAL SALES TAX TO . . . . SS S O SO NO A) REGIONAL TRANSIT 12% 36% 30% 9% 14% B) STREET MAINTENANCE 12% 66% 11% 4% 8% C) POLICE SERVICES 16% 58% 14% 5% 7% 15. OUR NEXT FEW QUESTIONS DEAL WITH THE CITY COUNCIL. HOW WOULD YOU RATE THE OVERALL PERFORMANCE OF THE CURRENT COUNCIL? EXCELLENT . . . . . 15% GOOD . . . . . . . . 54% FAIR . . . . . . . . 18% POOR . . . . . . . . .2% NO OPINION . . . . . 12% 16. PLEASE TELL ME HOW SATISFIED OR DISSATISFIED YOU ARE WITH THE WORK THE COUNCIL HAS DONE IN THE FOLLOWING AREAS? VS S D VD NO A) WORKING AMONG THEMSELVES TO PROMOTE 13% 67% 5% 0% 15% THE COMMUNITY B) ENCOURAGING ECONOMIC GROWTH 18% 61% 11% 1% 10% C) MAINTAINING QUALITY OF LIFE 20% 67% 5% 0% 8% D) DEVELOPING EFFECTIVE PLANNING AND ZONING 13% 60% 12% 2% 13% REGULATIONS E) WORKING TO KEEP TAXES REASONABLE 7% 53% 24% 5% 12% F) PLANNING FOR THE FUTURE NEEDS OF RESIDENTS 12% 62% 15% 2% 10% G) MANAGING CITY FUNDS 11% 61% 8% 2% 19% H) PROVIDING AN ADEQUATE FORUM FOR PUBLIC INPUT 17% 66% 6% 2% 11% 17. AS A CITY MATURES AND REACHES BUILD-OUT, IT IS OFTEN PRESENTED WITH POTENTIAL DEVELOPMENT STRATEGIES AS A REINVESTMENT IN THE COMMUNITY. COPPELL IS APPROACHING THAT POINT. HOW STRONGLY WOULD YOU SUPPORT OR OPPOSE THE FOLLOWING DEVELOPMENT OR REDEVELOPMENT STRATEGIES WHICH COULD OCCUR . . . . SS S O SO NO A) THE DEVELOPMENT AND CONSTRUCTION OF 6% 31% 41% 15% 7% “MCMANSIONS”, WHERE A PERSON PURCHASES MULTIPLE HOME LOTS TO CONSTRUCT ONE MANSION OR LARGE HOUSE WITHIN A SMALLER- HOME NEIGHBORHOOD B) MIXED-USE DEVELOPMENTS, WHICH INTEGRATE 10% 48% 29% 9% 5% COMMERCIAL DEVELOPMENT WITH HIGH DENSITY HOUSING SOUCH AS SOUTHLAKE TOWN CENTER, ADDISON CIRCLE, AND THE SHOPS AT LEGACY C) CONTINUE THE CITY’S CURRENT STRATEGY OF 23% 65% 9% 1% 3% MAINTAINING TRADITIONAL COMMERCIAL DEVELOPMENT WITH SINGLE FAMILY NEIGHBORH. 18. PLEASE TELL ME HOW STRONGLY YOU AGREE OR DISAGREE WITH THE FOLLOWING STATEMENTS . . . . SA A D SD NO A) I AM SATISFIED WITH LIVING IN COPPELL 50% 47% 3% 0% 1% B) THE PROBLEM WITH CITY GOVERNMENT IS THE 5% 44% 38% 4% 9% LACK OF PARTICIPATION FROM CITIZENS C) I AM FRUSTRATED WITH HOW CITY 2% 14% 71% 9% 6% GOVERNMENT WORKS IN COPPELL D) I DON'T FEEL I CAN EVER GET A STRAIGHT 1% 10% 72% 10% 8% ANSWER FROM THE CITY IF I HAVE A PROBLEM SA A D SD NO E) WE HAVE AN EXCELLENT CITY WORKFORCE 11% 77% 6% 0% 6% F) THE CURRENT LEVEL OF SERVICES PROVIDED 0% 13% 74% 11% 2% BY THE CITY IS NOT ADEQUATE G) I HAVE EVERY OPPORTUNITY TO PARTICIPATE 14% 77% 6% 1% 4% IN CITY GOVERNMENT HERE IN COPPELL 19. AND HOW USEFUL OR NOT USEFUL ARE EACH OF THE FOLLOWING CITY SOURCES TO YOU IN FINDING OUT ABOUT WHAT’S GOING ON IN COPPELL. YOUR ANSWERS SHOULD BE VERY USEFUL, SOMEWHAT USEFUL, NOT VERY USEFUL, OR NOT AT ALL USEFUL . . . . VU SU NU NAU NO A) THE CITY DESK WATER BILL INSERT 39% 45% 7% 4% 6% B) MESSAGE PORTION OF WATER BILL 20% 48% 17% 7% 8% C) CABLE CHANNEL BULLETIN BOARD 7% 29% 28% 16% 21% D) ANNUAL CITY BUDGET REPORT 8% 36% 28% 14% 16% E) CITY STAFF 19% 51% 13% 6% 12% F) CITY COUNCIL 17% 52% 15% 5% 12% G) CITY WEB SITE 33% 44% 10% 4% 11% H) 24-HOUR TELEPHONE INFORMATION LINE C-LINK 9% 27% 23% 14% 27% I) CiTV COMMUNITY NEWS PROGRAMMING 7% 27% 26% 11% 29% J) COPPELL CLIPS – ELECTRONIC NEWSLETTER 23% 24% 18% 11% 25% 20. IF YOU HAVE ACCESS TO CITV ON EITHER TIME WARNER OR VERIZON FiOS, HOW OFTEN DURING AN AVERAGE MONTH DO YOU WATCH GOVERNMENT ACCESS PROGRAMMING? IF YOU DO NOT HAVE CABLE TELEVISION, DO YOU HAVE SATELLITE OR NEITHER? NEITHER . . . . . . . 12% SATELLITE . . . . . . 12% ONCE A WEEK . . . . . .6% 2 – 4 TIMES PER WEEK . .5% 1 - 2 TIMES PER MONTH .22% 3 – 5 TIMES PER MONTH .5% REFUSE TO ANSWER . . . 39% 21. IF A CITY-WIDE WIRELESS NETWORK WERE AVAILABLE, HOW LIKELY WOULD YOU BE TO SUBSCRIBE? VERY LIKELY . . . . 17% LIKELY . . . . . . . 26% UNLIKELY . . . . . . 37% VERY UNLIKELY . . . 12% NO OPINION . . . . . .8% 22. THE CITY CURRENTLY PROVIDES WIRELESS ACCESS AT THE LIBRARY. IT PLANS TO OFFER ACCESS AT SEVERAL OTHER CITY FACILITIES IN THE VERY NEAR FUTURE. ONCE AVAILABLE, HOW LIKELY OR UNLIKELY WOULD YOU BE TO USE THE WIRELESS ACCESS WHEN VISITING THESE FACILITIES? VERY LIKELY . . . . 19% LIKELY . . . . . . . 27% UNLIKELY . . . . . . 34% VERY UNLIKELY . . . 19% NO OPINION . . . . . .2% 23. THESE NEXT QUESTIONS DEAL WITH THE CITY WEB SITE. IN THE PAST 12 MONTHS, HAVE YOU OR ANYONE IN YOUR HOUSEHOLD USED THE WEBSITE TO . . . . YES NO DON'T REM A) REQUEST SERVICES OR DOCUMENTS FROM THE CITY 23% 76% 1% B) CONTACTED CITY STAFF 25% 74% 2% C) CONTACTED CITY COUNCILMEMBERS 6% 94% 1% D) REGISTERED FOR A CITY RECREATION PROGRAM 21% 79% 1% E) RENEWED A BOOK FROM THE LIBRARY 32% 67% 1% F) READ THE WEEKLY ELECTRONIC NEWSLETTER, COPPELL 36% 64% 1% CLIPS G) PAY A MUNICIPAL COURT FEE 4% 95% 1% H) PAY FEES FOR CITY SERVICES 14% 84% 2% 24. PLEASE TELL ME HOW SATISFIED OR DISSATISFIED YOU ARE WITH THE FOLLOWING IMPROVEMENTS MADE BY THE CITY TO IMPROVE THE WAY IT COMMUNICATES WITH ITS CITIZENS . . . . VS S D VD NO A) EXPANSION OF THE CITY’S INTERNET WEB SITE 14% 50% 5% 2% 29% B) IMPROVEMENTS IN PROGRAMMING TO THE CITY’S 5% 35% 8% 1% 53% GOVERNMENT ACCESS CHANNEL C) REGULAR PUBLICATION OF CITY NEWSLETTERS 16% 69% 5% 0% 12% AND MAILPIECES D) MAKING AVAILABLE THE OPPORTUNITY TO 12% 53% 6% 2% 28% CONDUCT SERVICES/PAY FEES WITH THE CITY THROUGH THE WEB SITE 25. WHICH OF THESE AGE GROUPS INCLUDES YOUR AGE? UNDER 25 YEARS . . . .1% 26 - 35 YEARS . . . .6% 36 - 45 YEARS . . . 26% 46 - 55 YEARS . . . 43% 56 - 65 YEARS . . . 17% OVER 65 YEARS . . . .7% REFUSE TO ANSWER . . .0% 26. DO YOU HAVE ANY CHILDREN LIVING IN COPPELL IN THE FOLLOWING AGE RANGES? UNDER 6 . . . . . . .12% (CIRCLE ALL THAT APPLY) 6 - 12 . . . . . . .27% 13 - 18 . . . . . . .34% NO CHILDREN . . . . .44% REFUSE TO ANSWER . . 1% 27. AND FINALLY, HOW LONG WOULD YOU SAY YOU PLAN TO LIVE IN COPPELL? 0 – 3 YEARS . . . . 10% 3 – 5 YEARS . . . . 14% 5 – 7 YEARS . . . . 12% MORE THAN 7 YEARS . 62% REFUSE TO ANSWER . . .3% THAT'S THE END OF OUR SURVEY BUT COULD I CHECK TO SEE IF I DIALED THE CORRECT NUMBER. I DIALED __________. AND COULD I HAVE YOUR FIRST NAME, ONLY IN CASE MY SUPERVISOR HAS TO VERIFY THIS INTERVIEW. _________________. CALLER INI._____ SHEET NUMBER_____ ZIPCODE_______ SURVEY LENGTH______ PARKS & RECREATION DEPARTMENT Date: March 27, 2012 To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Re: Presentation and Update Regarding the Senior and Community Center Background: A Council goal for 2012 is to review the possibility of expanding the operating hours at the Coppell Senior and Community Center. Staff would like to fulfill this goal while updating the Council on the operations at the new center, review what other communities offer and how we compare, and look at some usage figures at the new facility. Several local Senior Centers were contacted to get an idea of the level of service at the Coppell Senior Center. Also, the seniors who regularly attend the Coppell Senior Center were surveyed to determine the likelihood of attending in the evenings and on Saturday mornings if the facility were open for senior activities. They were also asked how they felt about reducing the qualifying age of an attendee to 50 from 55, as all of the other surveyed communities have already done. The Coppell Senior and Community Center has become a vibrant and active place where it is not uncommon to find a number of activities occurring at the same time. Crafts, card games, reading, accessing one of the center’s computers, pool playing and exercising may be happening all at once. The variety and number of activities that regularly take place at the new center was impossible at the previous location. This popularity has led to the idea of expanding the hours of operation for the Senior Center, which are currently 9:00am-6:00pm, Monday through Thursday, and 9:00am-5:00pm, Fridays. Expanding the hours later into the evening will allow for the participants to return to socialize after leaving for dinner. Saturday morning hours will offer extended time for those who ordinarily would not be able to attend during the week days. It would also offer the targeted “younger senior” population the opportunity to enjoy the center after work. A survey of the current participants reflects that there is little interest in arriving before 9:00am, but 88% indicate they would attend activities after 6:00pm, and 87% would come on Saturday mornings. Based on these facts, it is proposed that the hours be extended to 8pm on Monday and Wednesday, and open from 9:00am to 1:00pm on Saturday. However, the additional hours will require added staff time along with planning and coordination of the expanded activities. Staff will carefully consider the budget before increasing the hours of operation. Usage of the building, between senior activities and rentals, really keeps the staff busy. There are two full time and two part time staff dedicated to the center, and others fill in depending upon the daily activities scheduled. Community rentals have become a large aspect of what the staff spends their time on. The number of rentals supported at the facility has remained fairly constant since the facility opened in April of 2010. That first partial year, there were 47 rentals, in 2011 staff supported 80 rentals, and thus far in 2012 there are 49 rentals scheduled. Supporting these rentals, from the initial informational discussions and site tours, to scheduling, booking, coordinating staff and then attending the rental to ensure a successful event, takes precious staff time away from coordinating opportunities for seniors. However, they have adjusted over time to managing both of these different realms very well. With some time and experience shared by a staff member from a different division, they have managed to successfully meet the demands of the seniors and the various renters. Although there were certainly some missteps early on with the support of the rentals at the center, they seem to have transitioned into a smooth running operation with some assistance from the city cleaning crew and a rededicated and trained staff. While vital to the community and a large part of the daily emphasis of the staff, rentals of the facility are not their most important focus. The senior programs, events and activities are the life of the center and the passion that drives the staff every day. And what a difference moving to the new facility has had on the numbers of activities that can now be scheduled. In fact, between 2008 and 2011, the numbers of active seniors that attend the center on a monthly basis has increased by 50%, to 526; the number of independent visits has increased by 37%, to over 1,000; while the number of programs and events offered has increased by 47%, to over 1,600 annually. There is certainly much to choose from at the Coppell Senior and Community Center at Grapevine Springs. These increased choices and a more broad-based focus has led to the discussion about opening the senior programs to younger seniors in the community. With a current qualifying age of 55 to participate, Coppell is the most restrictive of the communities surveyed. All others allow those age 50 and above to participate in senior activities at their Senior Centers. This has become the expected norm among seniors who regularly visit centers in other local communities. The Coppell seniors are in favor of lowering the qualifying age to 50 and the Senior Advisory Committee has asked that this policy be implemented immediately. Council Action Requested Staff would like to come away from the discussion with a general endorsement from the Council regarding an increase to the established hours of operation of the Senior Center. PROCLAMATION WHEREAS, the 82nd Legislature of the State of Texas designated the month of March each year Women Veterans Month in tribute to the immeasurable contributions that women in the military have made to this nation; and WHEREAS, long before women gained regular admission to the military, they worked as nurses, water bearers, laundresses, and cooks, sometimes served as spies, and saboteurs, and on occasion even took up arms; and WHEREAS, in 1901 the United States Army created a nurse corps, the US Navy and Marine Corps enlisted women as yeomen and reservists to free their male counter parts for combat; and WHEREAS, the army established the Women’s Army Auxiliary Corp, later known as the Women’s Army; the Army also created the WASP, while the Navy organized the Waves, the Marine Corp established the Marine Corps Women’s Reserve, and the Coast Guard created a reserve unit known as the SPARS. In 1948 an Act of Congress granted them permanent status in the regular and reserve forces; and WHEREAS, Grace After Fire, a 501 (c) (3) Texas-based non-profit organization strives to give women Veterans the support they need to restore and sustain a high quality of life while transitioning from service within those regular and reserve forces to civilian life, including women Veterans in our community and is working to raise awareness about the contributions of women Veterans; NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby proclaim the month of March as “WOMEN VETERANS MONTH” IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _____ day of March 2012. ____________________________ Douglas N. Stover, Mayor ATTEST: ______________________________ Christel Pettinos, City Secretary 255 Parkway Boulevard Coppell, Texas 75019-9478City of Coppell, Texas Minutes - Draft City Council 5:30 PM Council ChambersTuesday, February 28, 2012 DOUG STOVER MARSHA TUNNELL Mayor Mayor Pro Tem TIM BRANCHEAU BILLY FAUGHT Place 1 Place 5 BOB MAHALIK MARVIN FRANKLIN Place 2 Place 6 BRIANNA HINOJOSA-FLORES KAREN HUNT Place 3 Place 7 Also present were City Manager Clay Phillips, City Secretary Christel Pettinos and City Attorney Robert Hager. The City Council of the City of Coppell met in Regular Called Session on Tuesday, February 28, 2012, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Call to Order1. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session at 5:45 pm. Douglas N. Stover;Tim Brancheau;Bob Mahalik;Brianna Hinojosa-Flores;Marsha Tunnell;Billy Faught;Marvin Franklin and Karen Hunt Present 8 - Executive Session (Closed to the Public) 1st Floor Conference Room 2. Section 551.087, Texas Government Code - Economic Development Negotiations. A.Economic Development Prospects north of Dividend Road and west of Belt Line Road. Discussed under Executive Session B.Economic Development prospect north of Northpoint and east of Royal Lane. Page 1City of Coppell, Texas February 28, 2012City Council Minutes - Draft Discussed under Executive Session C.Economic Development prospects south of Dividend Road and west of Belt Line Road. Discussed under Executive Session Section 551.071, Texas Government Code - Consultation with City Attorney. D.Seek legal advice from the City Attorney concerning the settlement and land purchase agreements with the Billingsleys at Northlake. Discussed under Executive Session E.Seek legal advice from the City Attorney and have discussion regarding potential to annex property north of Sandy Lake and east of MacArthur. Discussed under Executive Session Section 551.072, Texas Government Code - Deliberation regarding Real Property. F.Discussion regarding property closings and related construction matters at Northlake. Discussed under Executive Session Mayor Stover adjourned the Executive Session at 6:50 pm and opened the Work Session. Work Session (Open to the Public) 1st Floor Conference Room3. A.Presentation regarding Incentives for Energy Conservation in Residential Home Improvements. B.Discussion regarding the Amendment to the Property Maintenance Ordinance. C.Discussion regarding Non-Profit Funding. D.Discussion of Agenda Items. Presented in Work Session Mayor Stover adjourned the Work Session and opened the Regular Session. Regular Session (Open to the Public) Invocation 7:30 p.m.4. Pastor Clayton Coates with First Baptist Churchled those present in the Invocation. Page 2City of Coppell, Texas February 28, 2012City Council Minutes - Draft Pledge of Allegiance5. Mayor Stover led the Pledge of Allegiance. Citizens’ Appearance6. Mayor Stover advised that no one signed up to speak. Consent Agenda7. A.Consider approval of minutes: February 14, 2012. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Bob Mahalik, that Agenda Items A-F be approved on the Consent Agenda. The item passed by unanimous vote. B.Consider approval to cancel the March 13, 2012 City Council Meeting due to the date falling during Spring Break. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Bob Mahalik, that Agenda Items A-F be approved on the Consent Agenda. The item passed by unanimous vote. C.Consider approval of a Resolution calling for a Public Hearing on April 10, 2012 to consider updates for Land Use Assumptions, Capital Improvements Plans and the imposition of Impact Fees for Water, Waste Water and Roadway, in accordance with Chapter 395 of the Local Government Code, and authorizing the Mayor to sign. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Bob Mahalik, that Agenda Items A-F be approved on the Consent Agenda. The item passed by unanimous vote. Enactment No: 2012-0228.1 D.Consider approval of a Resolution suspending the proposed rate change of Atmos Energy Corp., Mid-Tex Division, providing that the rates of said company shall remain unchanged during the period of suspension, providing for notice hereof to said company and authorizing the Mayor to sign. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Bob Mahalik, that Agenda Items A-F be approved on the Consent Agenda. The item passed by unanimous vote. Enactment No: 2012-0228.2 E.Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Genera Corporation, and authorizing the Mayor to sign. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Bob Mahalik, that Agenda Items A-F be approved on the Consent Agenda. The item passed by unanimous vote. Enactment No: 2012-0228.3 F.Consider approval of an Ordinance amending the Code of Ordinances by amending Chapter 9, “General Regulations”, Article 9-12, “Emergency Alarm Systems,” Section Page 3City of Coppell, Texas February 28, 2012City Council Minutes - Draft 9-12-4, “Service Fees for False Alarms”, by amending the fee for false alarms; and authorizing the Mayor to sign. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Bob Mahalik, that Agenda Items A-F be approved on the Consent Agenda. The item passed by unanimous vote. Enactment No: 2012-1304 End of Consent Agenda 8.PUBLIC HEARING: Consider approval of Case No. PD-246R-SF-12, Carter Addition PH III, a zoning change request from SF-12 (Single Family-12) & A (Agricultural) to PD-246R-SF-12 (Planned Development-246 Revised-Single Family-12), to attach a Detail Site Plan to permit 23 single-family lots and one common area lot on 20.28 acres of property located on the south side of Carter Drive, approximately 925 feet west of Moore Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Rob Paul, owner, made a presentation to Council. Matthew Alexander, representing the applicant, made a presentation to the Council. Mayor Stover opened the Public Hearing and asked for those who signed up to speak. 1) Dean Wilkerson, 538 Rolling Hills Rd., spoke in favor of the motion. 2) Doug Reinhart, 534 Rolling Hills Rd., spoke in favor of the motion. 3) Kevin Briscoe, 550 Rolling Hills Rd., spoke in favor of the motion. 4) Andy Lewis, 546 Rolling Hills Rd., spoke in favor of the motion. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Karen Hunt, to close the Public Hearing and approve with 22 lots and the following conditions: 1) the 35’ rear yard setback along the west property line, increased front yard setbacks, no curb, gutter or sidewalks along Carter Drive, maximum of two garage doors facing the street, preservation of trees; 2) Revise the PD Conditions on the Detail Plan to reflect the minimum house size of 3,200 square feet; and 3) Revise the Detail Plan to indicate the location and define maintenance of retained decorative metal fencing. The motion passed by an unanimous vote. Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt Aye:7 - 9.PUBLIC HEARING: Consider approval of the Carter Addition PH III, Revised Replat, being a replat of the Carter Addition Phase III to re-subdivide the existing 24 single-family lots and two common area lots into 23 single-family lots and one common area lot on 20.28 acres of property located on the south side of Carter Drive, approximately 925 feet west of Moore Road. Page 4City of Coppell, Texas February 28, 2012City Council Minutes - Draft Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Stover opened the Public Hearing and advised that no one signed up to speak. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Marvin Franklin, to close the Public Hearing and approve the 22 lot replat. The motion passed by an unanimous vote. Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt Aye:7 - 10.PUBLIC HEARING: Consider approval of Case No. PD-214R5-C, Arbor Manors Retail, a zoning change request from PD-214R2-C (Planned Development-214 Revision 2-Commercial) to PD-214R5-C (Planned Development-214 Revision 5-Commercial) to attach a Detail Plan to allow the development of an 11,000-square-foot retail building to contain retail and office uses including two restaurants, one of which will have drive-thru service on 1.5 acres of property located at 143 South Denton Tap Road, approximately 145 feet north of West Braewood Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Kirk Hermenson, applicant, made a presentation to the Council. Tye Williams, representing the applicant, made a presentation to Council. Mayor Stover opened the Public Hearing and asked for those who signed up to speak. 1) Nadia Moliterni, 144 Peachtree Dr., spoke against the item. 2) Vaidehi Moreshwar, 152 Peachtree Dr., spoke against the item. 3) Lance Bolette, 1990 Lake Point Dr., Lewisville, representing the owner, spoke in favor of the item. 4) Cynthia Navarro, 124 Juniper Dr., spoke against the item. At 10:10 p.m., Mayor Stover requested an Executive Session with the City Attorney. Mayor Stover adjourned the Executive Session at 10:19 p.m. and reconvened into Regular Session. A motion was made by Councilmember Karen Hunt, seconded by Councilmember Billy Faught, to close the Public Hearing and approve Item 10 as presented with the following conditions: 1) Revise PD conditions notes to indicate: a) A sit down restaurant with 300 square foot patio area (Smashburger) and a sit down restaurant with drive thru (Einstein Bros. Bagels) are permitted. b) 560 square feet of landscaping shown on the northwest corner is being attributed toward nonvehicular landscape area requirement. c) The triangular landscape areas at the end of each parking space are being attributed toward the nonvehicular landscape area requirement. d) An 83-square-foot exception to the nonvehicular landscape area requirements, e) A maximum 15-square-foot blade sign shall be allowed for each tenant. This shall be in addition to the total sign areas allowed (one square foot per lineal Page 5City of Coppell, Texas February 28, 2012City Council Minutes - Draft foot frontage on a dedicated street). Remove all other conditions under “Development Standards” within the PD Conditions list including the condition regarding retail establishments selling “to-go food only” and all other sign variance requests as these are not supported. 2) The back entrances be marked as "No Public Entrance;" 3) No dumpster pick up earlier than 7:30 a.m.; 3) The drive-thru be regulated with decibal controlling devices; and 4) an end-cap variance on the signage. The motion needing a 3/4 approval failed 4-3 with Councilmembers Mahalik, Hinojosa-Flores and Mayor Pro Tem Tunnell voting against the motion. Councilmember Tim Brancheau;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt Aye:4 - Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores and Mayor Pro Tem Marsha Tunnell Nay:3 - 11.PUBLIC HEARING: Consider approval of the Arbor Manors Addition, Lot 4R2R, Block A, Replat, being a replat of Lot 4R2, Block A of the Arbor Manors Addition, to relocate the existing fire lane and mutual access easement and to establish easements to allow the development of an 11,000-square-foot retail building on 1.5 acres of property located at 143 South Denton Tap Road, approximately 145 feet north of West Braewood Drive. Mayor Stover opened the Public Hearing and advised that no one signed up to speak. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Brianna Hinojosa-Flores, to close the Public Hearing and deny the replat. The motion passed 5-2 with Councilmembers Franklin and Hunt voting against the motion. Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell and Councilmember Billy Faught Aye:5 - Councilmember Marvin Franklin and Councilmember Karen HuntNay:2 - 12.Consider approval to purchase fifteen (15) Brazos Technology ticket writers in the amount of $86,903 to be purchased from the Court Technology Fund (50%) and the Police department capital funds (50% - as budgeted for in the FY 11/12 budget); and authorizing the City Manager to sign. Presentation: Police Chief Mac Tristan made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Karen Hunt, that this Agenda Item be approved . The motion passed by an unanimous vote. At this time, a motion was made by Mayor Pro Tem Tunnell, seconded by Councilmember Mahalik, to reconsider items 10 and 11. The motion passed unanimously. Mayor Stover called an Executive Session with the City Attorney at 11:22 p.m. Mayor Stover adjourned the Executive Session at 11:26 p.m. and reopened the Regular Session. Page 6City of Coppell, Texas February 28, 2012City Council Minutes - Draft Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt Aye:7 - PUBLIC HEARING: Consider approval of Case No. PD-214R5-C, Arbor Manors Retail, a zoning change request from PD-214R2-C (Planned Development-214 Revision 2-Commercial) to PD-214R5-C (Planned Development-214 Revision 5-Commercial) to attach a Detail Plan to allow the development of an 11,000-square-foot retail building to contain retail and office uses including two restaurants, one of which will have drive-thru service on 1.5 acres of property located at 143 South Denton Tap Road, approximately 145 feet north of West Braewood Drive. At this time, Council continued discussion with the applicants on Item 10. A motion was made by Councilmember Karen Hunt, seconded by Mayor Pro Tem Marsha Tunnell, that this Agenda Item be approved with the following conditions: 1) Revise PD conditions notes to indicate: a) A sit down restaurant with 300 square foot patio area (Smashburger) and a sit down restaurant with drive thru (Einstein Bros. Bagels) are permitted. b) 560 square feet of landscaping shown on the northwest corner is being attributed toward nonvehicular landscape area requirement. c) The triangular landscape areas at the end of each parking space are being attributed toward the nonvehicular landscape area requirement. d) An 83-square-foot exception to the nonvehicular landscape area requirements, e) A maximum 15-square-foot blade sign shall be allowed for each tenant. This shall be in addition to the total sign areas allowed (one square foot per lineal foot frontage on a dedicated street). Remove all other conditions under “Development Standards” within the PD Conditions list including the condition regarding retail establishments selling “to-go food only” and all other sign variance requests as these are not supported. 2) Adding the the back entrances be marked as "No Public Entrance;" 3) No dumpster pick up earlier than 7:30 a.m.; and 3) The no speaker in the drive-thru lane. The motion needing a 3/4 approval failed 5-2 with Councilmembers Hinojosa-Flores and Franklin voting against the motion. Councilmember Tim Brancheau;Councilmember Bob Mahalik;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught and Councilmember Karen Hunt Aye:5 - Councilmember Brianna Hinojosa-Flores and Councilmember Marvin Franklin Nay:2 - PUBLIC HEARING: Consider approval of the Arbor Manors Addition, Lot 4R2R, Block A, Replat, being a replat of Lot 4R2, Block A of the Arbor Manors Addition, to relocate the existing fire lane and mutual access easement and to establish easements to allow the development of an 11,000-square-foot retail building on 1.5 acres of property located at 143 South Denton Tap Road, approximately 145 feet north of West Braewood Drive. A motion was made by Councilmember Billy Faught, seconded by Page 7City of Coppell, Texas February 28, 2012City Council Minutes - Draft Councilmember Brianna Hinojosa-Flores, that this Agenda Item be denied. The motion passed by an unanimous vote. Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt Aye:7 - 13.Consider approval of Contract Amendment Number 6 in the amount of $74,785.00 to the Freese and Nichols, Inc. design contract to the Bethel Road and Coppell Road Improvements contract; and authorizing the City Manager to sign any necessary documents. Presentation: Keith Marvin, Project Engineer, made a presentation to Council. A motion was made by Councilmember Brianna Hinojosa-Flores, seconded by Councilmember Tim Brancheau, that this Agenda Item be approved. The motion passed by an unanimous vote. Aye:Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt 7 - 14.Consider approval of awarding Bid #Q-0212-01 “Raised Pavement Markings” to Highway Technologies in the amount of $106,367.92, and approval of a contingency amount of $8,632.08, for a total award of $115,000.00, as previously budgeted in the IMF funds; and authorizing the City Manager to sign and execute any necessary documents. Presentation: Glenn Hollowell, Assistance Director of Public Works, made a presentation to Council. A motion was made by Councilmember Tim Brancheau, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. The motion passed by an unanimous vote. At this time, Councilmember Hinojosa-Flores moved to reconsider Items 10 and 11. The motion passed unanimously. Mayor Stover called an Executive Session with the City Attorney at 11:43 p.m. Mayor Stover adjourned the Executive Session at 11:47 p.m. and reopened the Regular Session. Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt Aye:7 - PUBLIC HEARING: Consider approval of Case No. PD-214R5-C, Arbor Manors Retail, a zoning change request from PD-214R2-C (Planned Development-214 Revision 2-Commercial) to PD-214R5-C (Planned Development-214 Revision 5-Commercial) to attach a Detail Plan to allow the development of an 11,000-square-foot retail building to contain retail and office uses including two restaurants, one of which will have drive-thru service on 1.5 acres of property located at 143 South Denton Tap Road, approximately 145 feet north of West Braewood Drive. At this time, Council continued discussion with the applicants on Item 10. Page 8City of Coppell, Texas February 28, 2012City Council Minutes - Draft A motion was made by Councilmember Karen Hunt, seconded by Mayor Pro Tem Marsha Tunnell, that this Agenda Item be approved with the following conditions: 1) Revise PD conditions notes to indicate: a) A sit down restaurant with 300 square foot patio area (Smashburger) and a sit down restaurant with drive thru (Einstein Bros. Bagels) are permitted. b) 560 square feet of landscaping shown on the northwest corner is being attributed toward nonvehicular landscape area requirement. c) The triangular landscape areas at the end of each parking space are being attributed toward the nonvehicular landscape area requirement. d) An 83-square-foot exception to the nonvehicular landscape area requirements, e) A maximum 15-square-foot blade sign shall be allowed for each tenant. This shall be in addition to the total sign areas allowed (one square foot per lineal foot frontage on a dedicated street). Remove all other conditions under “Development Standards” within the PD Conditions list including the condition regarding retail establishments selling “to-go food only” and all other sign variance requests as these are not supported. 2) Adding the the back entrances be marked as "No Public Entrance;" 3) No dumpster pick up earlier than 7:30 a.m.; and 3) No drive-thru lane. The motion needing a 3/4 approval passed unanimously. Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt Aye:7 - PUBLIC HEARING: Consider approval of the Arbor Manors Addition, Lot 4R2R, Block A, Replat, being a replat of Lot 4R2, Block A of the Arbor Manors Addition, to relocate the existing fire lane and mutual access easement and to establish easements to allow the development of an 11,000-square-foot retail building on 1.5 acres of property located at 143 South Denton Tap Road, approximately 145 feet north of West Braewood Drive. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Brianna Hinojosa-Flores, that this Agenda Item be approved . The motion passed by an unanimous vote. Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt Aye:7 - 15.An Ordinance of the City of Coppell, Texas, amending the Code of Ordinances by amending Chapter 15 Article 15-14 to the International Property Maintenance Code 2009 Edition; amending Sections 15-14-2; providing a Severability Clause; providing a Repealing Clause; providing a Savings Clause; providing a Penalty for Violation of this Ordinance not to exceed the sum of five hundred dollars ($500.00) for each offense, except however, where a different penalty has been established by State or Law for such offense which is a violation of Provision of Law that governs Fire Safety, Zoning, or Public Health and Sanitation, including dumping of refuse, the penalty shall be a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense; authorizing the Mayor to sign; and providing an effective date. Presentation: Michael Arellano, Chief Building Official, made a presentation to Council. Page 9City of Coppell, Texas February 28, 2012City Council Minutes - Draft A motion was made by Councilmember Billy Faught, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. The motion passed by an unanimous vote. Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt Aye:7 - Enactment No: 2012-1305 16.Consider approval of award of a Professional Services Agreement with Teague Nall and Perkins, in the amount of $174,800.00, to provide engineering and surveying services related to the planning and design of erosion mitigation and trail protection at Andrew Brown Park East, and authorizing the President of the CRDC and the City Manager to sign. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to Council. A motion was made by Councilmember Franklin, seconded by Councilmember Hinojosa-Flores, that this Agenda Item be approved. The motion passed unanimously. Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt Aye:7 - 17.Consider approval of award of a Professional Services Agreement with Nathan D. Maier Consulting Engineers, Inc., in the amount of $90,025.00 to provide a Preliminary Route Study for the Hike/Bike Trail along the TXU/Oncor Right of Way/Easement, and authorizing the President of the CRDC and the City Manager to sign the necessary documents. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to Council. A motion was made by Councilmember Karen Hunt, seconded by Councilmember Marvin Franklin, that this Agenda Item be approved. The motion passed by an unanimous vote. Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt Aye:7 - 18.Consider approval of a Resolution calling for the General Municipal Election for Councilmembers Place 2, 4, 6 and Mayor for Saturday, May 12, 2012; and to call a Special Election on May 12, 2012 to fill an unexpected term for Councilmember Place 7; authorize the Mayor to sign; and, authorize the City Manager to execute a Joint Election Agreement with Dallas County for conducting said Municipal Elections. A considerarse la aprobación de una resolución para convocar a Elecciones Municipales Generales con el fin de elegir a los Concejales que ocuparán los escaños 2, 4, y 6 y al Alcalde; el día sábado 12 de mayo de 2012 y a convocar una Elección Especial el día 12 de mayo de 2012 para ocupar el escaño de los Concejales 7de una gestión suspendida inesperadamente; autorizar al Alcalde a firmar, y autorizar al Regente de la Ciudad a ejecutar un Convenio de Elecciones Page 10City of Coppell, Texas February 28, 2012City Council Minutes - Draft Conjuntas con el Condado de Dallas y llevar a cabo las Elecciones Municipales. A motion was made by Councilmember Tim Brancheau, seconded by Councilmember Billy Faught, that this Resolution be approved. The motion passed by an unanimous vote. Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt Aye:7 - Enactment No: 2012-0228.4 City Manager Reports19. Project Updates and Future Agendas. Nothing to report. Council Committee Reports20. 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. Read and Filed A. Mayor Pro Tem Tunnell reported that CFBISD is still seeking feedback on the 2012-2013 calendar. LISD will be hosting a live Town Hall meeting online on social media on March 1st from 6-7pm. B. Councilmember Mahalik reported that CISD will be on Spring Break the week of March 12th. C. Councilmember Faught announced that Casino Night will be held on March 31st at the Senior Center from 4-8:30pm. Food will be provided by J Macklin's and entertainment will be provided by an Elvis impersonator. D. Nothing to report. E. Nothing to report. F. Nothing to report. G. Nothing to report. H. Nothing to report. I. Councilmember Franklin announced the Keyholder's Breakfast will be held on April 10th. J. Nothing to report. K. Nothing to report. L. Nothing to report. Page 11City of Coppell, Texas February 28, 2012City Council Minutes - Draft Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. 21. Mayor Stover announced that the Eggstravaganza will be held on April 7th. Necessary Action from Executive Session22. Nothing to report. Adjournment There being no further business to come before the City Council, this meeting was adjourned. ________________________ 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 25th day of February, 2012, at _____________. ______________________________ Christel Pettinos, City Secretary 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 makes 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). Page 12City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478City of Coppell, Texas Minutes - Draft City Council 7:30 AM Council ChambersMonday, March 19, 2012 Special Session DOUG STOVER MARSHA TUNNELL Mayor Mayor Pro Tem TIM BRANCHEAU BILLY FAUGHT Place 1 Place 5 BOB MAHALIK MARVIN FRANKLIN Place 2 Place 6 BRIANNA HINOJOSA-FLORES KAREN HUNT Place 3 Place 7 CLAY PHILLIPS City Manager Also present were City Manager Clay Phillips, City Secretary Christel Pettinos and City Attorney Robert Hager. The City Council of the City of Coppell met in Regular Called Session on Monday, March 19, 2012, at 7:30 a.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Call to Order1. Mayor Pro Tem Tunnell called the meeting to order, determined that a quorum was present and convened into Special Session at 7:41 a.m. Tim Brancheau;Brianna Hinojosa-Flores;Marsha Tunnell;Marvin Franklin and Karen Hunt Present 5 - Douglas N. Stover;Bob Mahalik and Billy FaughtAbsent3 - Special Session2. Consider approval of a Resolution calling for a Special Election on May 12, 2012 to fill an unexpired term for Councilmember Place 3; authorize the Mayor to sign; and, authorize the City Manager to execute a Joint Election Agreement with Dallas County for conducting said Municipal Elections. A considerarse la aprobación de una resolución para convocar una Elección Page 1City of Coppell, Texas March 19, 2012City Council Minutes - Draft Especial el día 12 de mayo de 2012 para ocupar el escaño de Concejal 3 de una gestión aún sin cumplir; autorizar al Alcalde a firmar, y autorizar al Regente de la Ciudad a ejecutar un Convenio de Elecciones Conjuntas con el Condado de Dallas y llevar a cabo las Elecciones Municipales. A motion was made by Councilmember Brianna Hinojosa-Flores, seconded by Councilmember Marvin Franklin, that this Agenda Item be approved . The motion passed by an unanimous vote. Councilmember Tim Brancheau;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Marvin Franklin and Councilmember Karen Hunt Aye:5 - Adjournment There being no further business to come before the City Council, this meeting was adjourned. ________________________ 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 15th day of March, 2012, at _____________. ______________________________ Christel Pettinos, City Secretary 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 makes 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). Page 2City of Coppell, Texas TM 54206.2.3112 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 R (RETAIL) & O (OFFICE) TO S-1256-R/O (SPECIAL USE PERMIT RETAIL/OFFICE), TO ALLOW A 57,708-SQUARE FOOT (74 UNITS, 79 BEDS) ASSISTED LIVING AND MEMORY CARE FACILITY ON 5.3 ACRES OF PROPERTY LOCATED ALING THE NORTH SIDE OF EAST SANDY LAKE ROAD, EAST OF RIVERVIEW DRIVE AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE OVERALL SITE PLAN, SITE PLAN, DETAIL LANDSCAPE PLAN, FLOOR PLAN AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, “E” AND “F” RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application S-1256- R/O 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 R (Retail) & O (Office) to S- 1256-R/O (Special Use Permit-Retail/Office), to allow a 57,708-square-foot (74 units, 79 beds) assisted care living and memory care facility on 5.3 acres of property located along the north side TM 54206.2.3112 of East Sandy Lake Road, east of Riverview Drive and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with following development conditions as set forth herein below; A) That the property shall be used and developed in accordance with the Overall Site Plan, Site Plan, Detail Landscape Plan, Floor Plan, and Elevations. B) The building materials shall be as indicted on the Color Board. C) This facility shall obtain and maintain all required licensing from appropriate federal and/or state agencies. D) As used in this Ordinance, assisted care facility shall be defined as “ a special combination of housing, supportive services, personalized assistance and health care designed to respond to the individual needs of those who need help with activities of daily living, licensed by the State of Texas. The facility shall have a central or private kitchen, dining, recreation and other facilities with separate bedrooms and living quarters, where the emphasis of the facility remains residential”. E) The facility shall not be permitted to be operated or occupied unless it has such state and/or federal license; and, under no circumstances can the facility be operated as a boarding house. SECTION 3. That Overall Site Plan, Site Plan, Detail Landscape Plan, Floor Plan Detail Elevations attached hereto as Exhibits “B”, “C”, “D”, “E” and “F”, respectively, and made a part hereof for all purposes as special conditions, are hereby approved. SECTION 4. That the above property shall be developed and used only in the manner and for the purpose provided for by the Office and Retail District regulations, Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. TM 54206.2.3112 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. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2012 APPROVED: ____________________________________________ DOUGLAS N. STOVER, MAYOR TM 54206.2.3112 ATTEST: ____________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _______________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/mpm [reviewed only]) LEGAL DESCRIPTION WHEREAS PETER PARK is the owner of that certain tract of land situated in the Weston Perry Survey, Abstract Number 1152, City of Coppell, Dallas County, Texas, and being the proposed Lot 1, Block A, Signature Living Addition, a portion of that certain tract of land described in deed to Peter Park, recorded in Volume 93037, Page 373 of the Deed Records of Dallas County, Texas, and being more particularly described as follows: BEGINNING at a ½ inch iron rod with cap stamped "DCA" found at the southeast corner of Lot 1, Block A, Denton Creek Nursing Home Addition, an addition to the City of Coppell, Dallas County, Texas, according to the plat thereof recorded under Instrument Number 200900153136 of the Plat Records of Dallas County, Texas, and being in the north line of Sandy Lake Drive, a public roadway; THENCE North 00 degrees 43 minutes 29 seconds West, with the east line of said Lot 1, Block A, a distance of 479.27 feet to a point for corner and being in the approximate centerline of Denton Creek; THENCE continuing with the approximate centerline of said Denton Creek the following four (4) calls: South 74 degrees 24 minutes 39 seconds East, a distance of 21.21 feet to a point for corner; South 78 degrees 40 minutes 37 seconds East, a distance of 360.53 feet to a point for corner; South 84 degrees 31 minutes 25 seconds East, a distance of 72.42 feet to a point for corner; North 77 degrees 14 minutes 15 seconds East, a distance of 98.38 feet to a point for corner; THENCE South 00 degree 06 minutes 38 seconds East, with the west line of the proposed Lot 2, Block A, Signature Living Addition, a distance of 417.16 feet to a point for corner and being in the north line of said Sandy Lake Road; THENCE South 89 degrees 57 minutes 26 seconds West, with the north line of said Sandy Lake Road, a distance of 536.72 feet to the POINT OF BEGINNING, and containing 5.304 acres of land, more or less. EXISTING TREES P.R.D.C.T.Denton Creek enton Cree k ZONED RETAILa Texas Municipal Corporation Volume 91226, Page 332 D.R.D.C.T. City of Carrollton EXISTING TREES KR 26 ANN 69 MC 6 SHO 1 SHO 1 SHO 1 SHO 1 SHO 1 CMT 2 SHO 4 SHO 1 MF 6 RH 6 KR 3 RP 6 RH 4 NSH 4 NSH 4 RH 5 MF 3 RP 6 RH 3 NSH 7 RH 3 NSH 8 MF 4 AJ 192 AJ 276 3" OWNER APPROVED GRAVEL LB 213 NSH 10 MC 5 IN 7 BF 7 PL 14 MC 19 NSH 3 IN 9 RP 20 KR 10 KR 8 MC 8 MF 8 KR 10 MC 5 MF 8 IN 9 PL 10 BF 9 SS 15 NG 10 PL 15 RH 7 MC 4 MC 6 SS 16 SS 17 KR 8 MF 6 KR 10 NSH 12LR 6 MF 3 RH 11 NSH 12 LR 6 MF 3 MF 5 KR 10 SS 9 SS 6 IN 7 NSH 12 MF 6KR 5 MF 5 RP 13 BF 8 RP 7 KR 16 IN 9 NSH 6 IN 5 MF 4 MF 4 PL 13 IN 6 MC 23 RH 67 IN 6 MF 9 QV 1 SHO 1 SHO 1 NSH 5 MC 29 10' LAND BUFFERMF 5 QV 7 CMT 3 MC 28 CMT 6 QV 2 CT 2KR 8 UL 6 SHO 4 QV 2SHO 2 QV 2 NSH 4MF 6 NSH 6 NSH 3 MF 9 UC 1 UC 3 UC 7 CMT 6 SHO 3 TD 1 TD 3 LB 58 TREES CODE COMMON NAME / BOTANICAL NAME CONT CAL SIZE QTY CT Texas Redbud / Cercis canadensis texensis CONT.1.5"Cal 6` ht.6 IV Yaupon Holly / Ilex vomitoria CONT.1.5"Cal 6` ht.3 min. 3 trunks total 1.5" cal. CMT Crape Myrtle / Lagerstroemia indica `Watermelon Red`CONT.3"Cal 8-10` ht 17 min. 4 trunks; total 3" caliper WM Wax Myrtle / Myrica cerifera CONT.1.5"Cal 6` ht.6 min. 3 trunks total 1.5" SHO Shumard Red Oak / Quercus shumardii CONT.3"Cal min. 12` ht. 23 QV Southern Live Oak / Quercus virginiana CONT.3"Cal 10-12` ht.14 TD Bald Cypress / Taxodium distichum CONT.3"Cal 12-14` ht.10 UC Cedar Elm / Ulmus crassifolia CONT.3"Cal min. 12` ht. 11 UL Lacebark Elm / Ulmus parvifolia `Lacebark`CONT.3"Cal min. 12` ht. 6 SHRUBS CODE COMMON NAME / BOTANICAL NAME CONT QTY GA Glossy Abelia / Abelia grandiflora 3 gal 9 36"o.c. BB American Beauty Berry / Callicarpa americana 5 gal 20 FJ Japanese Fatsia / Fatsia japonica 5 gal 14 HH Variegated Hosta / Hosta undulata 1 gal 53 HQ Oakleaf Hydrangea / Hydrangea quercifolia 5 gal 7 IN Dwarf Yaupon / Ilex vomitoria `Nana`5 gal 108 30" o.c. NSH Nellie Stevens Holly / Ilex x `Nellie R Stevens`5 gal 96 WXL Japanese Privet / Ligustrum japonicum 5 gal 7 LR Fringe Flower / Loropetalum chinense rubrum 5 gal 36 42" o.c. MV Turk`s Cap / Malvaviscus arboreus `drummondii`1 gal 18 MC Dwf. Wax Myrtle / Myrica pusilla 5 gal 133 36" o.c. RH Indian Hawthorn / Raphiolepsis Indica `Clara`5 gal 109 42" o.c. KR Knock Out Rose / Rosa acicularis `Knock Out`3 gal 136 RP Carpet Rose / Rosa x `Pink Supremet`5 gal 52 RM Rosemary / Rosmarinus officinalis 3 gal 2 MF Mexican Feather Grass / Stipa tenacissima 1 gal 94 30" o.c. CRL Coralberry / Symphoricarpos orbiculatus 3 gal 13 SHRUB AREAS CODE COMMON NAME / BOTANICAL NAME CONT QTY RC Wild Red Columbine / Aquilegia canadensis 1 gal@ 12" oc 38 YC Columbine / Aquilegia chrysantha `Yellow Queen`1 gal@ 12" oc 45 NG New Gold Lantana / Lantana camara `New Gold`1 gal@ 18" oc 10 PL Purple Lantana / Lantana montevidensis 1 gal@ 21" oc 159 BF Blackfoot Daisy / Melampodium leucanthum 1 gal@ 24" oc 24 SS Pink Skullcap / Scutellaria suffrutescens 1 gal@ 18" oc 63 ANN Annual Color / seasonal interest flat @ 18" oc 69 GROUND COVERS CODE COMMON NAME / BOTANICAL NAME CONT QTY AG Blue Bugle / Ajuga genevensis flat @ 12" oc 618 LA Aztec Grass / Liriope muscari `Aztec`1 gal@ 18" oc 653 LB Giant Liriope / Liriope muscari `Evergreen Giant`1 gal@ 18" oc 271 AJ Asian Jasmine / Trachelospermum asiaticum 4"pot@ 12" oc 468 SOD/SEED CODE COMMON NAME / BOTANICAL NAME CONT QTY CD Bermuda Grass / Cynodon dactylon `tif 419`sod 54,309 sf PLANT SCHEDULE * - Denotes plant does not appear on City of Coppell, Texas Plant Palette and is provided above and beyond minimum landscape requirements (i.e. plant not used for landscape compliance). * * * * * * * * * * LNI R ASADETST A 61 O F 9 8 ET XEE E CELP1 1/23/12 Landscape Designers & Consultants 1 (800) 680 6630 15305 Dallas Pkwy., Ste 300 Addison, TX 75001 www.landscape-consultants.net DATE: 11/11/11 HEI #: 11-121 SHEET NO: DRAWN: SRHHOMEYERENGINEERING, INC.TBPE FIRM REGISTRATION NO. F-8440P.O. BOX 294527ƇLEWISVILLEƇ TEXASƇ 75029972-906-9985 PHONEƇ 972-906-9987 FAXWWW.HEI.US.COMRIVER OAKS ASSISTED LIVINGAND MEMORY CARELOT 1, BLOCK ASIGNATURE LIVING ADDITIONCITY OF COPPELLDALLAS COUNTY, TEXASLANDSCAPE PLAN SECONDARY COURTYARD (REF LP2) PRIMARY COURTYARD (REF LP2) WM 1 LA 23 RC 6 LA 10 RC 3RC 3 YC 9 AG 32 LA 15 LA 20 AG 16 FJ 4 FJ 6HH 39 IN 19 MV 18 FJ 4 BB 2 IV 1 LA 13 HQ 2 BB 6 IN 16 YC 10 RC 3 RC 6 YC 8 RC 3 HH 14 HQ 2 IV 1 LA 15 AG 36YC 11 RC 7 RC 3 RC 4 YC 7 IV 1 WM 1 WM 1 WM 1 TREES CODE COMMON NAME / BOTANICAL NAME CONT CT Texas Redbud / Cercis canadensis texensis CONT. IV Yaupon Holly / Ilex vomitoria CONT. min. 3 trunks total 1.5" cal. CMT Crape Myrtle / Lagerstroemia indica `Watermelon Red` CONT. min. 4 trunks; total 3" caliper WM Wax Myrtle / Myrica cerifera CONT. min. 3 trunks total 1.5" SHO Shumard Red Oak / Quercus shumardii CONT. QV Southern Live Oak / Quercus virginiana CONT. TD Bald Cypress / Taxodium distichum CONT. UC Cedar Elm / Ulmus crassifolia CONT. UL Lacebark Elm / Ulmus parvifolia `Lacebark`CONT. SHRUBS CODE COMMON NAME / BOTANICAL NAME CONT GA Glossy Abelia / Abelia grandiflora 3 gal 36"o.c. BB American Beauty Berry / Callicarpa americana 5 gal FJ Japanese Fatsia / Fatsia japonica 5 gal HH Variegated Hosta / Hosta undulata 1 gal HQ Oakleaf Hydrangea / Hydrangea quercifolia 5 gal IN Dwarf Yaupon / Ilex vomitoria `Nana`5 gal 30" o.c. NSH Nellie Stevens Holly / Ilex x `Nellie R Stevens`5 gal WXL Japanese Privet / Ligustrum japonicum 5 gal LR Fringe Flower / Loropetalum chinense rubrum 5 gal 42" o.c. MV Turk`s Cap / Malvaviscus arboreus `drummondii`1 gal MC Dwf. Wax Myrtle / Myrica pusilla 5 gal 36" o.c. RH Indian Hawthorn / Raphiolepsis Indica `Clara`5 gal 42" o.c. KR Knock Out Rose / Rosa acicularis `Knock Out`3 gal RP Carpet Rose / Rosa x `Pink Supremet`5 gal RM Rosemary / Rosmarinus officinalis 3 gal MF Mexican Feather Grass / Stipa tenacissima 1 gal 30" o.c. CRL Coralberry / Symphoricarpos orbiculatus 3 gal SHRUB AREAS CODE COMMON NAME / BOTANICAL NAME CONT RC Wild Red Columbine / Aquilegia canadensis 1 gal@ 12" oc YC Columbine / Aquilegia chrysantha `Yellow Queen`1 gal@ 12" oc NG New Gold Lantana / Lantana camara `New Gold`1 gal@ 18" oc PL Purple Lantana / Lantana montevidensis 1 gal@ 21" oc BF Blackfoot Daisy / Melampodium leucanthum 1 gal@ 24" oc SS Pink Skullcap / Scutellaria suffrutescens 1 gal@ 18" oc ANN Annual Color / seasonal interest flat @ 18" oc GROUND COVERS CODE COMMON NAME / BOTANICAL NAME CONT AG Blue Bugle / Ajuga genevensis flat @ 12" oc LA Aztec Grass / Liriope muscari `Aztec`1 gal@ 18" oc LB Giant Liriope / Liriope muscari `Evergreen Giant`1 gal@ 18" oc AJ Asian Jasmine / Trachelospermum asiaticum 4"pot@ 12" oc SOD/SEED CODE COMMON NAME / BOTANICAL NAME CONT CD Bermuda Grass / Cynodon dactylon `tif 419`sod PLANT SCHEDULE * * * * * * * * * * LR 8 KR 3 KR 3 AG 100 LA 27 AG 104 PL 90 LA 76 LA 159 WXL 7 LR 6 GA 9 RH 3 IN 11 IN 4 LA 7 LR 5 CT 3 KR 12 AG 80 AG 22 LA 180 PL 17 CRL 10 BB 7 RM 2 LR 5 CT 1 SHO 1 LA 108 HQ 3 CRL 3 BB 5 SHO 1 AG 73 AG 75 KR 3 AG 80 GENERAL LANDSCAPE NOTES : 1. The General Contractor is responsible for removing all vegetation and leaving all landscape areas inches below final grade. The Landscape Contractor will provide and spread a compacted four inch loamy topsoil to all turf areas - bringing these areas to top of curb / final grade (compacted). The specification is not required for the large turf area on the West side of the parcel, or within the po The Landscape Contractor will provide and install a six inch depth of planting mix to all planting bed for proper drainage. (See specifications for more detailed instruction on turf area and planting bed preparation). 2. A three inch depth of fine shredded hardwood mulch will be used as a topdressing for all planti tree rings. 3. Landscape Contractor shall make own plant quantity take-offs using drawings, specifications, an schedule. Plant schedule requirements (i.e. spacing) dictate, unless otherwise directed by the land designer. Landscape Contractor to verify bed measurements and install appropriate quantities as g the plant spacing per the schedule. Ensure all minimum requirements of the local governing authori (i.e. minimum plant quantities). 4. No substitutions of plant materials will be allowed. If plants are not available, the Landscape Co shall notify the Landscape Designer in writing (via proper channels). Plants may be inspected and a rejected on the jobsite by the Owner or Owner's Representative. 5. Sod all disturbed turf areas within and outside of property limits, and add 3” of mulch to all dis planting beds and tree rings. 6. Landscape Contractor is responsible for the landscape maintenance of this project for 90 days acceptance of landscaping. Landscape maintenance to include WEEKLY site visits to mow turf area mulched areas, prune shrubs and groundcovers, treat for insects and diseases, and monitor/adjust irrigation system. 7. Should areas not be covered by an automatic irrigation system, Landscape Contractor is respo watering these areas and obtaining a full stand of grass at no additional cost to the Owner. To ach acceptance, a full stand of grass must reach a minimum height of 1 1/2 inches and there shall be n larger than twelve square inches. 8. All drainage (surface and subsurface) of all landscape areas within the project limits shall be the responsibility of the Landscape Contractor. All grading of areas along all building areas must absol positive slope away from the building. In no case shall any planting bed be constructed along an ed building that will impede water flow away from the building. If planting beds are located at the edg building, the Landscape Contractor shall make sure that these areas drain properly (surface and sub Contractor shall install moisture barrier along building as necessary to keep water from penetrating building slab. CITY OF COPPELL, TEXAS LANDSCAPE REGULATIONS Interior Landscape: Internal landscape must be min. 10% parking lot 45,240 X .10 =4,524 sf Required 4,699 sf Provided Min. 1 tree per 400 sf of required landscape area 4,524 / 400 =11 Required 11 Provided Min. islands = 12% number of parking spaces 70 X .12 =8 Required 10 Provided Perimeter Landscape: Landscape screen required and provided along street frontage and adjacent parcel Min. 1 tree per 40 or 50 lf of screen frontage West: 373 / 50 =8 Required 8 Provided East: 325 / 50 =7 Required 7 Provided North: 505 / 50 =10 Required 10 Provided South: 537 / 40 =14 Required 14 Provided Feature Landscaping: Min. 15% of site area less building area 231,104 - 57,708 X .15 = 26,009 sf Required 47,413 sf Provided Min. 50% required feature landscape @ frontage 65,160 / 2 =13,005 sf Required 29,761 sf Provided 1 Tree per 2500 sf landscape area: 47,413 / 2500 =19 Required 20 Proposed* * Includes 16 Canopy Trees + 12 Crepe Myrtles @ 3:1 ratio LNI R ASADETST A 61 O F 9 8 ET XEE E CELP2 1/23/12 DATE: 11/11/11 HEI #: 11-121 SHEET NO: DRAWN: SRHHOMEYERENGINEERING, INC.TBPE FIRM REGISTRATION NO. F-8440P.O. BOX 294527ƇLEWISVILLEƇ TEXASƇ 75029972-906-9985 PHONEƇ 972-906-9987 FAXWWW.HEI.US.COMRIVER OAKS ASSISTED LIVINGAND MEMORY CARELOT 1, BLOCK ASIGNATURE LIVING ADDITIONCITY OF COPPELLDALLAS COUNTY, TEXASCOURTYARD LANDSCAPE PLAN SECONDARY COURTYARD LANDSCAPE PLAN SCALE: 1"=10' PRIMARY COURTYARD LANDSCAPE PLAN SCALE: 1"=10' Landscape Designers & Consultants 1 (800) 680 6630 15305 Dallas Pkwy., Ste 300 Addison, TX 75001 www.landscape-consultants.net LANDSCAPE PLANTING NOTES QUALIFICATIONS OF LANDSCAPE CONTRACTOR 1. The landscaping shall be performed by a single firm specializing in landscape planting. 2. A list of successfully completed projects of this type, size and nature may be requested by the Owner for further qualification measures. 3. The Landscape Contractor must hold a valid Nursery and Floral Certificate issued by the Texas Department of Agriculture, as well as operate under a Commercial Pesticide Applicator License - issued by either the Texas Department of Agriculture or the Texas Structural Pest Control Board. SCOPE OF WORK 1. Work covered by these sections includes the furnishing of any paying for all materials, labor, services, equipment, licenses, taxes and any other items that are necessary for the execution, installation and completion of all work, specified herein and / or shown on the Landscape Plan. 2. All work shall be performed in accordance with all applicable laws, codes and regulations required by authorities having jurisdiction over such work and provide all inspections and permits required by federal, state and local authorities in supply, transportation and installation of materials. 3. The Landscape Contractor is responsible for the verification of all underground utility lines (telephone, gas, water, electrical, cable, television, etc...) prior to the start of any work. PLANT MATERIALS 1. Provide plants typical of their species or variety, with normal, densely developed branches and vigorous, fibrous root systems. 2. Provide only sound, healthy, vigorous plants free from defects, disfiguring knots, sunscald injuries, frost cracks, abrasions of the bark, plant disease, insect eggs, borers and all other forms of infestation. 3. All plants shall be balled and burlapped or container grown as specified. No container grown stock will be accepted if it is root bound. All root wrapping material made of synthetics shall be removed at time of planting. 4. All material shall conform to the guidelines established by the American Association of Nurseryman. 5. Cracked or mushroomed rootballs are not acceptable. 6. Caliper measurement for standard (single trunk) trees shall be taken as follows: Six inches above the natural grade line for trees up to and including four inches in caliper; and twelve inches above the natural grade line for trees exceeding four inches in caliper - unless specified differently on the Landscape Plan. 7. Multi-trunk trees shall be measured by their overall planted height. PRODUCTS 1. All manufactured products will be new. 2. Topsoil: A friable, loamy topsoil (or silty sand) with minimal clay clods. 3. Planting Mix: An equal part mixture of topsoil, sand and compost. 4. Starter Fertilizer: A 13-13-13 ratio with 25% scu, 5% sulfur, 2% iron and additional micronutrients. 5. Palm Maintenance Spikes: As manufactured by the Lutz Corp. Phone (800) 203-7740 - or approved equal. 6. Pre-Emrgence: Any granular, non-staining pre-emergence that is labeled for the specific ornamentals or turf it will be utilized on. A pre-emergence herbicide is to be applied per the manufacturer's labeled rates. 7. Mulch: As specified on the planting plan - well decomposed. 8. Steel Edging: Professional steel edging, 14 gauge thick x 4 inches wide factory painted dark green. Acceptable manufacturers include Col-Met or approved equal. 9. Weed Barrier: A 5 ounce, woven, needle-punched fabric. Acceptable product includes DeWitt' Pro 5, or approved equal. 10. Tree Stakes: 6' green metal t-posts 11. Tree Chain: 1" wide plastic tree chain TREE PLANTING 1. Tree holes shall be excavated to a width of two times the width of the rootball, and to a depth equal to the depth of the rootball (less two inches). 2. Scarify the sides and bottom of the tree hole prior to the placement of the tree. Remove any glazing that may have been caused during the excavation of the hole. 3. Install the tree so the top of the rootball is one to two inches above the surrounding grade. 4. Backfill the tree hole utilizing the existing topsoil from on-site. Clay, rocks and other debris shall be removed from the soil prior to the backfill. Should additional soil be required to accomplish this task, import additional topsoil from off-site, add no additional cost to the Owner. 5. The total number of tree stakes (beyond the minimum's listed below) will be left to the Landscape Contractor's discretion. Should any trees fall or lean, it will be the responsibility of the Landscape Contractor to straighten the tree, or replace it should it become damaged. Tree staking will consists of, at a minimum: 15 - 30 gal Trees (2) Stakes per Tree 45 - 100 gal Trees (3) Stakes per Tree Multi-Trunk Trees No Minimum 6. Upon completion of the planting, an earth watering basin will be constructed around the tree. The interior of the tree ring will then be covered with the weed barrier cloth, and topdressed with a three inch layer of mulch. PALM PLANTING 1. Dig the hole the same size as the rootball. 2. Use bank sand mixed with the existing soil (75% bank sand and 25% existing soil) as the backfill. 3. Begin to backfill around the rootball with the new soil mixture until you are about one-third from the top of the rootball. 4. Apply the Palm Maintenance Spikes per the manufacturer's directions. 5. Brace the palms using palm braces. Nail the 2 x 4 into the adjustable palm brace. DO NOT nail the 2 x 4 into the palm itself. 6. Upon completion of the planting, an earth watering basin will be constructed around the palm. The interior of the watering basis will then be covered with the weed barrier cloth, and topdressed with a three inch layer of mulch. SHRUB AND GROUNDCOVER PLANTING 1. Upon approval of the grade left by the General Contractor, the Landscape Contractor will rototill the proposed bed locations (BEFORE adding the imported soil). A six inch depth of the specified planting mix will then be evenly spread over the designated bed area. The planting bed will then be rototilled AGAIN , and a pre-emergence and starter fertilizer will be applied. 2. The planting bed will then be hand raked smooth and crowned for proper drainage. 3. Dig the hold twice as wide as the plant's rootball. Install the plant in the hole. Backfill around the plant. 4. Install the weed barrier cloth, overlapping it at the ends. Utilize steel staples to keep the weed barrier cloth in place. 5. A three inch depth of mulch will then be installed as a top dressing, covering the entire planting area. TURF AREA PREPARATION 1. The General Contractor will leave all turf areas (excluding the detention ponds) at two (4) inches below final grade. The Landscape Contractor shall import and spread a compacted four inch depth of loamy topsoil - ensuring the soil is compacted. 2. Landscape Contractor will ensure all areas are crowned for proper drainage 3. Apply the starter fertilizer. SODDING 1. Sod variety to be as specified on the Landscape Plan. 2. Lay sod within 24 hours from the time of stripping. Do not lay if the ground is frozen. 3. Lay the sod to form a solid mass with tightly fitted joints. Butt ends and sides of sod strips - do not overlap. Stagger strips to offset joints in adjacent courses. 4. Water the sod thoroughly with a fine spray immediately after planting to obtain at least six inches of penetration into the soil below the sod. 5. Roll the sod to ensure good contact of the sod's root system with the soil underneath. HYDROMULCHING 1. The hydromulch mix (per 1,000 sf) shall be as follows: WINTER MIX (October 1 - March 31) 50# Cellulose Fiber Mulch 2#Unhulled Bermuda Seed 2#Annual Rye Seed 15# 15-15-15 Water Soluble Fertilizer SUMMER MIX (April 1 - September 30) 50# Cellulose Fiber Mulch 2#Hulled Bermuda Seed 15# 15-15-15 Water Soluble Fertilizer CLEAN UP 1. During landscape preparation and planting, keep all pavement clean and all work areas in a neat, orderly condition. 2. All excavated materials will be disposed of legally off the project site. INSPECTION AND ACCEPTANCE 1. Upon completion of the work, provide the site clean and free of materials and suitable for use as intended. 2. When the planting work is completed, the Owner will make an inspection to determine acceptability. 3. When the inspected planting work does not comply with the contract documents, replace the rejected work within 24 hours. 4. Landscape maintenance will continue until re-inspected by the Owner and found to be acceptable. Once acceptable, Final Acceptance will be issued, and the required maintenance period will commence. LANDSCAPE MAINTENANCE 1. The maintenance period shall commence once Final Acceptance has been issued by the Owner, and shall continue for a period of ninety (90) days. 2. The monitoring and scheduling of the irrigation system will be the responsibility of the Landscape Contractor during this time. Coordinate all scheduling and any access requirements with the Owner. 3. Landscape maintenance shall include, but not be limited to: WEEKLY SITE VISITS FOR mowing, edging, blowing, weeding, trimming, pruning, fertilizing, weed control, insect control, disease control, re-staking, re-setting of plants to their proper grade or their upright position, and any other means to keep the plantings healthy, free of insects and diseases, and in a continual thriving condition. WARRANTY PERIOD, PLANT GUARANTEE AND REPLACEMENTS 1. Plant materials supplied shall be warranted to remain alive and healthy for a period of twelve (12) months after the date of Final Acceptance by Owner {seasonal annuals for 90 days from Final Acceptance}. Plants in an impaired, dead or dying condition after initial acceptance or within the warranty period shall be removed and replaced immediately to the satisfaction of the Owner. RECORD DRAWINGS 1. Provide a minimum of (2) copies of record drawings to the Owner upon completion of work. A record drawing is a record of all changes that occurred in the field and that are documented through change orders, addenda, or contractor/consultant drawing markups. LNI R ASADETST A 61 O F 9 8 ET XEE E CELP3 12/8/11 DATE: 11/11/11 HEI #: 11-121 SHEET NO: DRAWN: SRHHOMEYERENGINEERING, INC.TBPE FIRM REGISTRATION NO. F-8440P.O. BOX 294527ƇLEWISVILLEƇ TEXASƇ 75029972-906-9985 PHONEƇ 972-906-9987 FAXWWW.HEI.US.COMRIVER OAKS ASSISTED LIVINGAND MEMORY CARELOT 1, BLOCK ASIGNATURE LIVING ADDITIONCITY OF COPPELLDALLAS COUNTY, TEXASLANDSCAPE DETAILS Landscape Designers & Consultants 1 (800) 680 6630 15305 Dallas Pkwy., Ste 300 Addison, TX 75001 www.landscape-consultants.net 1 TM 54207.2.22712 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM SF-12 (SINGLE FAMILY-12) TO PD-251R-SF-12 (PLANNED DEVELOPMENT-251 REVISED-SINGLE FAMILY-12) TO ALLOW THE DEVELOPMENT OF SIX (6) SINGLE-FAMILY LOTS, WITH A MINIMUM LOT SIZE OF 12,000 SQUARE FEET AND THREE (3) COMMON AREA LOTS ON 2.8 ACRES OF PROPERTY LOCATED SOUTH OF EAST SANDY LAKE ROAD BETWEEN DOBECKA DRIVE AND CASTLEBURY COURT, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN, TREE SURVEY AND LANDSCAPE PLAN WITH WALL ELEVATIONS ATTACHED HERETO AS EXHIBITS “B”, “C” and “D 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- 251R-SF-12 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from SF-12 (Single Family-12) to PD-251R-SF-12 (Planned Development-251 Revised-Single Family-12), to allow the development of six (6) single-family lots, with a minimum lot size of 12,000 square 2 TM 54207.2.22712 feet and three (3) common area lots on 2.8 acres of property located south of East Sandy Lake Road between Dobecka Drive and Castlebury Court, for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That PD-251R-SF-12 (Planned Development-251Revised-Single Family - 12) is hereby approved subject to the following development regulations: A. Use regulations 1. A building or premise shall be used only for the following purposes: i. Any use permitted in the "SF-12" district, as provided in the Code of Ordinances. ii. Home occupation, as defined in the Coppell Code of Ordinance. B. Maximum height regulations - The maximum height regulations will be 35 feet nor more than two and one-half stories high, whichever is less. C. Area regulations, exclusive of common area (X) lots. 1. Minimum size of yards as shown on the Detail Site Plan, Exhibit “B” of this Ordinance, and as provided herein: i. Front yard setbacks shall be a minimum of 25 feet. ii. Side yard setbacks shall be a minimum of 10 percent of the lot width, and a minimum of 15 feet adjacent to a street. Side yards for Lots 5 and 6 shall be based on a lot measurement of 87.5 feet. iii. Rear yard setbacks shall be a minimum of 20 feet. 2. Lot area shall be a minimum of 12,000 square feet. 3. Lot width shall be a minimum of 85 feet. 4. Lot depth shall be a minimum of 100 feet. D. Minimum dwelling size: 1,800 square feet, exclusive of garages, breezeways and porches. E. Maximum lot coverage: 35 percent of the total lot area may be covered by the combined area of the main buildings and accessory buildings. F. Parking/Driveway regulations. 1. A minimum of two enclosed parking spaces shall be provided behind a minimum of 20 feet from the property line. 2. Driveway/garage access may either be from the street or the alley. 3 TM 54207.2.22712 G. Type of exterior construction. 1. At least 80 percent of the exterior walls of the first floor of all structures shall be of masonry construction exclusive of doors, windows, and the area above the top plate line. 2. Each story above the first floor of a straight wall structure shall be at least 80 percent masonry exclusive of doors, windows and the area above the top plate line. H. Tree Retribution -A Tree Removal Permit shall be required prior to the removal of any trees. I. Homeowners Association 1. The Homeowners Association shall maintain all common areas and screening walls. 2. Homeowners Association documents shall be submitted, reviewed and approved by the City in accordance with the Code of Ordinances. J. Parking – No Parking shall be permitted along the west side of the street, adjacent to the common area lot. K. Sidewalks – A sidewalk shall not be required along the west side of the street, adjacent to the common area lot. L. Park Development Fees in the amount of $1,285 per lot shall be assessed and paid prior to the filing of the Final Plat. M. Screening Walls – The construction of the screening walls/fences adjacent to the common areas and along the west property line of Lot 6 shall be the responsibility of the developer/homebuilder. SECTION 3. That the property shall be developed and used in accordance with the SF- 12 (Single Family-12) development standards under the Coppell Zoning Ordinance, except as amended in the development regulations provided herein and as indicated on the Detail Site Plan, Tree Survey and Landscaping Plan with wall Elevations, attached hereto as Exhibits “B”, “C” and “D”; and made a part hereof for all purposes, are hereby approved. 4 TM 54207.2.22712 SECTION 4. That the property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; 5 TM 54207.2.22712 and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2012. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb) Legal Ex Descript hibit “A” tion LEGAL DESCRIPTIONBeing a 123,110 square feet or a 2.8262 acre tract of land situated in the Sibered B. HendersonSurvey, Abstract No. 629, said tract conveyed to Texas Power & Light Company by deed recorded inVolume 84002, Page 7511, Deed Records of Dallas County, Texas, and being more particularlydescribed as follows:BEGINNING at a found ½ inch iron rod for a corner in the south line of Sandy Lake Road (a variablewidth right of way), said point being the northwest corner of a 15 foot Landscape Buffer, Fence andSidewalk easement shown on the map of Castlebury Court addition as recorded in Volume 99141,Page 88, Deed Records of Dallas County, Texas;THENCE, S 01°34’54” W, departing the south line of Sandy Lake Road, passing at a distance of15.01 feet the northwest corner of Lot 1, Block A of the said Castlebury Court addition, passing at adistance of 92.01 feet the southwest corner of said Lot 1 and the northwest corner of a 15 foot Alleyright of way shown on the said map of Castlebury Court addition, continuing with the west line of thesaid Alley, in all a distance of 701.89 feet to a set “x” cut on concrete pavement for a corner, saidpoint being the intersection of the west line of the said 15 foot Alley right of way with the north line ofa 20 foot Alley right of way shown on the map of Willowood No. 2 addition as recorded in Volume79095, Page 746, Deed Records of Dallas County, Texas;THENCE, N 89°39’48” W, with the north line of the said 20 foot Alley right of way, a distance of175.90 feet to a set 5/8 inch iron rod for a corner, said point being the southeast corner of Lot 8, BlockA of Dobecka Addition as recorded in Volume 82084, Page 1226, Deed Records of Dallas County,Texas;THENCE, N 01°35’05” E, with the east line of Block A of the said Dobecka Addition, passing at adistance of 476.15 feet the northeast corner of said Block A of the Dobecka Addition and southeastcorner of Dobecka Addition, Phase II, as recorded in County Clerk Inst. No. 20070172592, DeedRecords of Dallas County, Texas, continuing in all a distance of 698.36 feet to a found ½ inch iron rodfor a corner in the south line of Sandy Lake Road;THENCE, N 89°11’17” E, with the south line of Sandy Lake Road, a distance of 175.97 feet to thePoint of Beginning.PROPOSED PD-SF-12 DEVELOPMENT STANDARDS ARTICLE 11. "SF-12" SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS Sec. 12-11-1. Use regulations. A building or premise shall be used only for the following purposes: 1. Any use permitted in the "SF-ED" and the "SF-18" district. 2. Home occupation. 3. Such uses as may be permitted under provisions of special use permits, sections 12-30-5 and 12-30-6. Sec. 12-11-2. Maximum height regulations. The maximum height regulations will be: 35 feet nor more than two and one-half stories high. Sec. 12-11-3. Area regulations. 1. Minimum size of yards: (A) Front yard: 25 feet. (B) Side yard: Ten percent of the lot width, but in no case shall the side yard be less than eight feet. A side yard adjacent to a street shall not be less than 15 feet. Side yard setbacks for lots 5 and 6 shall be calculated based upon a lot width measurement of 87.5 feet. (C) Rear yard: 20 feet. 2. Minimum size of lot: (A) Lot area: 12,000 square feet. (B) Lot width: 85 feet. (C) Lot depth: 110 feet. 3. Minimum dwelling size: 1,800 square feet, exclusive of garages, breezeways and porches. 4. Maximum lot coverage: 35 percent of the total lot area may be covered by the combined area of the main buildings and accessory buildings. Sec. 12-11-4. Parking regulations. Two enclosed spaces behind the front yard line. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in article 31. Where lots are adjacent to an alley, the enclosed parking area (garage) may be accessed off of the alley or street at builder’s option. Sec. 12-11-5. Type of exterior construction. At least 80 percent of the exterior walls of the first floor of all structures shall be of masonry construction (see section 12-42-1) exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least 80 percent masonry exclusive of doors, windows and the area above the top plate line. Rosebriar Estates City of Coppell, Texas Proposed Variances to the Subdivision Regulations Appendix C Section I.A.1. No sidewalk will be required on the west side of Rosebriar Court adjacent to lot 3X (common area). Landscaping and a slope, no greater than 4:1, will be allowed within the outside 6’ of the west ROW. The remaining 5’ of the ROW adjacent to the curb will have the standard ¼” per foot parkway slope. Section V.A. The existing overhead power lines located along the perimeter of the project will remain in place. No new overhead power lines will be allowed as part of this development. Chapter 13 Appendix D Section VI Due to the existence of overhead utilities, the electric company will not allow overstory trees within this easement. In lieu of Cedar Elms, trees such as Southern Magnolia, Yaupon Holly and Mexican Plums, as shown on the Landscape Plan, will be planted to satisfy the requirements of this ordinance. 1 TM 54419.2.3812 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM SF-12 (SINGLE FAMILY-12) & A (AGRICULTURAL) TO PD-246R-SF-12 (PLANNED DEVELOPMENT-246 REVISED-SINGLE FAMILY-12), TO ATTACH A DETAIL SITE PLAN TO PERMIT 22 SINGLE- FAMILY LOTS AND ONE COMMON AREA LOT ON 20.28 ACRES OF PROPERTY LOCATED ON THE SOUTH SIDE OF CARTER DRIVE, APPROXIMATELY 925 FEET WEST OF MOORE ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN, and TREE SURVEY ATTACHED HERETO AS EXHIBITS “B”, AND “C” 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- 246R-SF-12 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from SF-12 (Single Family-12) & A (Agricultural) to PD-246R-SF-12 (Planned Development-246 Revised-Single Family-12), to attach a Detail Site Plan to permit 22 single-family lots and one common area lot on 20.28 acres of property located on the south side of Carter Drive, approximately 925 feet 2 TM 54419.2.3812 west of Moore Road, for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That PD-246R-SF-12 (Planned Development-246 Revised-Single Family - 12) is hereby approved subject to the following development regulations: A. Use regulations 1. A building or premise shall be used only for the following purposes: i. Any use permitted in the "SF-12" district, as provided in the Coppell Code of Ordinances. ii. Home occupation, as defined in the Coppell Code of Ordinances. B. Maximum height regulations - The maximum height regulations will be 35 feet nor more than two and one-half stories high, whichever is less. C. Area regulations, exclusive of the common area lots (lot 1X). 1. Minimum size of yards as shown on the Detail Site Plan, Exhibit “B” of this Ordinance, and as provided herein: i. Front yard setbacks shall be a minimum of 30 feet. ii. Side yard setbacks shall be a minimum of 10 percent of the lot width, with a maximum of 10 feet, and a minimum of 15 feet adjacent to a street. iii. Rear yard setbacks shall be a minimum of 20 feet. 2. Lot area shall be a minimum of 12,000 square feet. 3. Lot width shall be a minimum of 85 feet. 4. Lot depth shall be a minimum of 110 feet. 5. No buildings or structures shall be permitted on common lots (lot 1X). D. Minimum dwelling size: 3,200 square feet, exclusive of garages, breezeways and porches. E. Maximum lot coverage: no more than 45 percent of the total lot area may be covered by the combined area of the main buildings and accessory buildings, exclusive of driveways and sidewalks. F. Garage Doors: There shall be a maximum of two (2) garage doors facing a street. Lots 1, 21 and 22 shall have a swing entry (J Drives) with garage doors. G. Type of exterior construction. 3 TM 54419.2.3812 1. At least 80 percent of the exterior walls of the first floor of all structures shall be of masonry construction exclusive of doors, windows, and the area above the top plate line. 2. Each story above the first floor of a straight wall structure shall be at least 80 percent masonry exclusive of doors, windows and the area above the top plate line. H. Tree Retribution: A Tree Removal Permit shall be required prior to the removal of any trees. I. Common Open Space – Lot 1X 1. The existing trees shall be retained and only underbrush shall be removed. 2. This lot shall be irrigated by a fully automatic irrigation system. J. Homeowners Association 1. The Homeowners Association shall maintain all common areas. 2. Homeowners Association documents shall be submitted, reviewed and approved by the City in accordance with the Code of Ordinances. K. Carter Road Frontage - No sidewalk, curb or gutters shall be required along Carter Drive. L. Curbs – mountable curbs shall be permitted, with a minimum 30 foot back-to-back within the 50 foot of right-of-way. M. Fencing 1. Wood, composite, vinyl or poly vinyl materials shall not be used for construction of any fence within this development. 2. The existing decorative metal fencing shall be retained along the east and west perimeter property lines. 3. This decorative metal fence construct shall be maintained by the individual lot owners. 4. The decorative metal fencing along the north boundary of the development adjacent to Carter Drive shall be removed. N. Alleys shall not be constructed within this development O. The cul-de-sac as depicted on the Detail Site Plan may exceed 600 length.. 4 TM 54419.2.3812 P. Park Development Fees in the amount of $1,285 per lot shall be assessed and paid prior to the filing of the Final Plat. Q. Prior to construction within the limits of the 50’ Lone Star Gas Company Easement, as depicted, Atmos shall review and approve all utility and paving crossings within said easement; such approval shall be filed with the city engineer prior to construction. SECTION 3. That the property shall be developed and used in accordance with the SF- 12 (Single Family-12) development standards under the Coppell Zoning Ordinance, except as amended in the development regulations provided herein and as indicated on the Detail Site Plan, Tree Survey, attached hereto as Exhibits “B” and “C” ; and made a part hereof for all purposes, are hereby approved. SECTION 4. That the property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 5 TM 54419.2.3812 SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2012. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/) EXHBIT “A” LEGAL DESCRIPTION BEING a tract of land situated in the Alfred Logsdon Survey, Abstract Number 783, the Jacob Carlock Survey, Abstract No. 312, and the McKinney and Williams Survey, Abstract No. 1054 and including part of 4 tracts of land conveyed to Donald J. Carter by deeds recorded in Volume 69137, Page 75, Volume 8235, Page 2172, Volume 70216, Page 486, and Volume 93230, Page 332, Deed Records, Dallas County, Texas and also including all of Lot 1, Block 1 of Carter Addition, an addition to the City of Coppell as recorded in Volume 73053, Page 66, Deed Records, Dallas County, Texas and being more particularly described as follows; BEGINNING at a ½ inch iron rod set for corner in the southwest line of Carter Drive (a 50 foot right-of –way) at the northeast corner of said Lot 1 Block 1, said iron rod also being the southeast corner of Lot 2, Block 1 of said Carter Addition and being located in a curve to the left that has a central angle of 09 deg. 40 min. 22 sec., a radius of 741.19 feet and a chord that bears South 30 deg. 15 min. 24 sec East; THENCE southeasterly along the southwest line of said Carter Drive and said curve to the left an arc length of 125.13 feet to a ½ inch iron rod set at the end of said curve; THENCE South 35 deg. 05 min. 35 sec. East along the south line of said Carter Drive a distance of 291.17 feet to a ½ inch iron rod set at the beginning of a curve to the left that has a central angle of 09 deg 07 min. 27 sec., a radius of 311.48 feet, and a chord that bears South 39 deg. 39 min. 28 sec. East; THENCE along the southwest line of said Carter Drive and said curve to the left an arc length of 49.60 feet to a ½ inch iron rod set for corner; THENCE South 32 deg. 35 min. 32 sec. West a distance of 67.19 feet to a ½ iron rod set for corner; THENCE South 06 deg. 50 min. 21 sec. East a distance of 287.40 feet to a ½ iron rod set for corner; THENCE South 01 deg. 49 min. 10 sec. West a distance of 531.15 feet to a ½ iron rod set for corner in the north line of a 100 foot railroad right-of-way conveyed to the Dallas Area Rapid Transit Property Acquisition Corporation by deed recorded in Volume 91008, Page 1341, said iron rod also being located in a curve to the right that has a central angle of 05 deg. 45 min. 17 sec., a radius of 5,679.65 feet, and a chord that bears South 73 deg. 04 min. 19sec. West; THENCE along the north line of said railroad right-of-way and said curve to the right an arc length of 570.47 feet to a ½ inch iron rod found for corner at the end of said curve; THENCE South 75 deg. 57 min. 00 sec. West along the north line of said railroad right-of-way a distance of 234.03 feet to a ½ inch iron rod found at the southeast corner of Lot 10, Block 1 of North Lake Woodlands, an addition to the City of Coppell as recorded in Volume 94133, Page 5097, Deed Records, Dallas County, Texas; THENCE North 00 deg. 41 min. 06 sec. East along the east line of said Block 1 a distance of 267.57 feet to a ½ inch iron rod found for corner; Page 1 of 2 EXHBIT “A” THENCE North 12 deg. 26 min. 02 sec. East along the east line of said Block 1 a distance of 426.71 feet to a ½ inch iron rod found for corner; THENCE North 02 deg. 21 min. 54 sec. East along the east line of said Block 1 a distance of 593.01 feet to a ½ inch iron rod found for corner; THENCE North 08 deg. 59 min. 17 sec. East along the east line of said Block 1 a distance of 3.50 feet to a ½ inch iron rod set for corner in the southeast line of a tract of land conveyed to Barry Bone; THENCE North 47 deg. 10 min. 10 sec. East along the southeast line of said Bone tract a distance of 172.38 feet to a ½ inch iron rod found for corner in the west line of Lot , Block 1 of said Carter Addition; THENCE South 15 deg. 07 min. 49 sec. West along the west line of said Lot 2 a distance of 3.96 feet to a ½ inch iron rod set for corner at the southwest corner of said Lot 2; THENCE North 73 deg. 03 min. 42 sec. East along the southeast line of said Block 2 a distance of 296.79 feet to the POINT OF BEGINNING and containing 8883,537.89 square feet or 20.2832 acres of land. Page 2 of 2 BELT LINE ROADP:\Projects LDD\07111\dwg\07111-Zoning.dwg, SITE, 2/3/2012 7:45:20 AM, cross, Dowdey, Anderson & Associates, Inc., JCR SHEETSTATE REGISTRATION NUMBER: F-399DRAWNDESIGNCHECKEDDATESCALEJOB1107111C1" = 60'6/11/2010CWHMWAA. LOGSDON SURVEY, ABST NO 783, J. CARLOCK SURVEY, ABST NO 312& McKINNEY AND WILLIAMS SURVEY ABSTRACT NO. 1054CITY OF COPPELL, DALLAS COUNTY, TEXAS0GRAPHIC SCALE( IN FEET )1 inch = ft.180606060”“”“” CITY COUNCIL AGENDA ITEM Date: March 14, 2012 To: Mayor and City Council From: Jerod Anderson, Purchasing Manager Re: Consider approval of an Interlocal Purchasing Agreement between the City of Midlothian and the City of Coppell Under the authority of Chapter 271 V.T.C.A, Local Government Code, Cooperative Purchasing Program and Sections 791.001-791.029 of the Texas Government Code. The City of Coppell and the City of Midlothian wishes to enter into an Interlocal Agreement to purchase various goods and services using either agency’s established contracts as in the best interest of each agency. Therefore, by entering into this agreement the City of Coppell will have another avenue to further provide the best value on purchases for our citizens. G rant Th ornton March 12, 2012 Mr. Clay Phillips City Manager c/o Jennifer Miller, Director of Finance City of Coppell, Texas 255 Parkway P.O. Box 9478 Coppell, Texas 75019 Dear Mr. Phillips: Audit· Tax · Advi so ry Grant Thornt on LLP 1717 Main Street, Suite 1500 Dalla s, TX 75201-4667 T 214.561.2300 F 214.561.23 70 www.GrantThornton.com Thank you for allowing us the opportunity to continue working with the City of Coppell, Texas ("City"). We understand that the City intends to engage us to perform the City's audits for the years ending September 30, 2012 and September 30, 2013. This letter formally communicates our estimated fees for those services. We estimate that our billings for the audit of the year ending September 30, 2012 will total $63,600 and the billings for the audit of the year ending September 30, 2013 will total $64,800. If a single audit is required for either year, we estimate additional billings of $10,000 for one major program. We will issue formal engagement letters for these services at a later date. We appreciate the opportunity to continue to work with the City. Sincerely, GRANT THORNTON LLP Ben D. Kohnle Partner Grant Thornton llP U.S. membe r finn of Grant Th ornton International Ltd PARKS & RECREATION DEPARTMENT Date: March 27, 2012 To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Re: Consider Approval of Standards of Care for Youth Camp Programs This item is submitted annually to the City Council so guidelines for state exemption of day care licensing can be applied for all youth camp programs offered by the Parks & Recreation Department. These camps include Camp Do-It-All, KidzConnect, Missoula, Teen Camp, Kamp Movie Makers, and all those offered at the Recreation Center in the summer and any individual days and holidays that are scheduled throughout the school year. The youth camps offered by the City of Coppell are exempt from licensure as observed in the Health and Safety code §141.0021 of the Texas Department of State Health Services (DSHS). It is applicable because our programs are operated by a municipality, are recreation programs for children ages 5 through 13 and because they meet the following criteria:  The Standards of Care for the program are annually adopted by ordinance.  The standards of care include staffing ratios and qualifications, facility health and safety standards, and monitoring and enforcement provisions.  The standards of care are provided to the parents of each program participant.  The parents of each program participant are informed the program is not licensed by the state.  The program is not advertised as child care. As parents register their children for Coppell camps they are provided a copy of the standards, as listed in the requirements. Along with the standards they are also provided information on camp hours of operation, attire, and all other information parents need for camp to be successful for their child. These standards of care are closely monitored by Recreation Coordinators and Supervisors as well as by the Assistant Director of Recreation. Staff recommends approval of the Standards of Care as written and submitted and will be present at the meeting to answer any questions. Page 1 TM 54603.2.000 AN ORDINANCE OF THE CITY OF COPPELL ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 9, SECTION 9, ARTICLE 9-19, “YOUTH CAMP PROGRAM STANDARDS OF CARE”; AMENDING SECTION 9-19-2 “ORGANIZATION” BY AMENDING SUBSECTION 9-19-2(B), AND BY AMENDING SECTION 9-19-3 “DEFINITIONS” BY REPEALING AND REPLACING “PARKS AND RECREATION MANAGER” TO “ASSISTANT DIRECTOR OF RECREATION”, AND REPEALING AND REPLACING “RECREATION SERVICES SUPERVISOR” TO “RECREATION COORDINATOR”, AND AMENDING SECTION 9-19-4 “INSPECTIONS/MONITORING/ENFORCEMENT” BY AMENDING SUBSECTION 9-19-4(B), 9-19-4(C), 9-19-4(E), AND 9- 19-4(F) BY ADDING A VISUAL INSPECTION BY THE ADR AND PROVIDING THAT INSPECTIONS REPORTS TO BE MAINTAINED BY THE RECREATION COORDINATOR, AMENDING SECTION 9-19-8 “SITE DIRECTOR’S RESPONSIBILITIES” BY AMENDING SUBSECTION 9-19-8(B) TO CHANGE DESIGNATION RECREATION COORDINATOR TO MAKE HIRING RECOMMENDATION, AND BY AMENDING SECTION 9-19-11 “TRAINING/ORIENTATION” BY AMENDING SUBSECTION 9-19-11(A) AND (D) TO PROVIDE FOR TRAINING AND ORIENTATION BY RECREATION COORDINATOR IN LIEU OF RECREATION SERVICE SUPERVISOR, AND BY AMENDING SECTION 9-19-19 “HEALTH” BY AMENDING SUBSECTION 9-19-19(N) TO CLARIFY SANITATION REQUIREMENTS FOR ATTENDEES. ; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Coppell operates Youth Camps; and WHEREAS, the City of Coppell wants to provide a safe and instructive atmosphere. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF COPPELL, TEXAS, THAT: SECTION 1. That Chapter 9, Article 9-19, Division 1, Section 19-2-2 "Youth Programs Standards of Care", of the Code of Ordinances be, and the same is, hereby Page 2 TM 54603.2.000 amended and provide for exemption from Day Care requirements and to reformat to read as follows: “Chapter 9 . . . . . ARTICLE 9-19. YOUTH PROGRAM STANDARDS OF CARE. DIVISION 1. GENERAL ADMINISTRATION ….. Sec. 9-19-2. Organization ….. B. City of Coppell Youth Camp Programs are exempt from the Department of TEXAS State Health Department licensure under state law. ….. G. Criminal background checks will be conducted on prospective Youth Program employees. If results of the criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: 1. A felony or misdemeanor classified as an offense against a person or family; 2. A felony or misdemeanor classified as public indecency; 3. A felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; 4. Any offense involving moral turpitude; 5. Any offense that would potentially put youth participants or the City of Coppell at risk.” SECTION 2. That Chapter 9, Article 9-19, Division 1, Section 19-2-3 “Definitions,” of the code of ordinances be, and the same is, hereby amended and provide Page 3 TM 54603.2.000 for exemption from Parks and Recreation Manager to Assistant Director of Recreation and Recreation Services Supervisor to Recreation Coordinator to read as follows “Sec. 9-19-3. Definitions ….. Director: City of Coppell Parks & Recreation Department Director or his or her designee. Assistant Director of Recreation: City of Coppell Assistant Director of Recreation. Recreation Coordinator: City of Coppell Parks & Recreation Department Recreation Coordinator. Site Director: City of Coppell Parks and Recreation Department Seasonal/Temporary employee who has been assigned responsibility to implement the City’s Youth Program. …..” SECTION 3. That Chapter 9, Article 9-19, Division 1, Section 19-2-4 “Inspections/Monitoring/Enforcement,” of the code of ordinances be, and the same is, hereby amended and provide for Subsection 19-2-4(B) and to reformat to read as follows: “Chapter 9, ARTICLE 9-19, YOUTH PROGRAM STANDARDS OF CARE. DIVISION 1. GENERAL ADMINSTRATION ….. Sec. 9-19-4. Inspections/Monitoring/Enforcement A A monthly inspection report will be initiated by the Site Director of each Program to confirm that the Standards of Care are being met. B The Assistant Director of Recreation will make visual inspections of the Program based on the following schedule. Page 4 TM 54603.2.000 1. Inspection reports will be sent to the Recreation Coordinator for review and kept on record for at least two (2) years. 2. The Recreation Coordinator will review the report and establish deadlines and criteria for compliance with the Standards of Care. C. The Summer Recreation Program will be inspected twice during its summer schedule. In addition, selected days at the Aquatics and Recreation Center will be visited during the school year. D. Complaints regarding enforcement of the Standards of Care will be directed to the Site Director. The Site Director will be responsible to take the necessary steps to resolve the problems. The Site Director will record complaints regarding enforcement of the Standards of Care and their resolution. The Recreation Coordinator will address serious complaints regarding enforcement of the Standards of Care and the complaint and resolution will be noted. E. The Parks & Recreation Department’s Director will make an annual report to the City Council on the overall status of the Youth Program and its operation relative to compliance with the adopted Standards of Care. …..” SECTION 4. That Chapter 9, Article 9-19, Division 2, Section 19-2-8 “Site Director’s Responsibilities,” of the code of ordinances be, and the same is, hereby amended and provide for a change from Recreation Services Supervisor to Recreation Coordinator to make hiring recommendations in Subsection 19-2-8(B) to read as follows: “Chapter 9, ARTICLE 9-19, YOUTH PROGRAM STANDARDS OF CARE. DIVISION 2. STAFFING-RESPONSIBILITIES AND TRAINING Sec. 9-19-8. Site Director’s Responsibilities ….. Page 5 TM 54603.2.000 B. Recreation Coordinator and Site Directors are responsible to recommend for hire, supervise, and evaluate Counselors. Camp management shall ascertain and have on record information, such as a letter of reference, attesting to the character and integrity of each staff member, and information, such as training certificates, attesting to the ability of each staff member to perform the tasks required in his or her position. …..” SECTION 5. That Chapter 9, Article 9-19, Division 2, Section 19-2-11 “Training/Orientation,” of the code of ordinances be, and the same is, hereby amended and provide for a change of term Recreation Supervisor to Recreation Coordinator for training and orientation in Subsection 19-2-11(A) and (D) to read as follows: “Chapter 9, ARTICLE 9-19, YOUTH PROGRAM STANDARDS OF CARE. DIVISION 2. STAFFING-RESPONSIBILITIES AND TRAINING Sec. 9-19-11. Training/Orientation A The Department is responsible for providing training and orientation to Program employees in working with children and for specific job responsibilities. Recreation Coordinator will provide each Counselor and Site Director with a Program manual specific to the Youth Program. ….. D. Program employees will be trained in appropriate procedures to handle emergencies by the Recreation Coordinator and/or professionals in the field. …..” SECTION 6. That Chapter 9, Article 9-19, Division 4, Section 19-2-19 “Health,” of the code of ordinances be, and the same is, hereby amended and provide for a change of clarification in Subsection 19-2-19(N) to read as follows: Page 6 TM 54603.2.000 “Chapter 9, ARTICLE 9-19, YOUTH PROGRAM STANDARDS OF CARE. DIVISION 4. FACILITY STANDARDS Sec. 9-19-19. Health ….. N. There must be one flush toilet for every 15 females and 15 males. Urinals may be counted in the ratio of toilets for males, but they must not exceed 70% of the total number of toilets. …..” SECTION 7. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 8. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 9. That this ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2012 [signature page to follow] Page 7 TM 54603.2.000 APPROVED: ____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ____________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/mpm) 1 ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY FOR THE FISCAL YEAR OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2012; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Budget Officer of the City of Coppell, Texas, did on the 5th day of August, 2011, file with the City Secretary, a proposed general budget for the City covering the fiscal year aforesaid, and WHEREAS, the City Council of the City of Coppell approved said budget on the 13th day of September, 2011, and WHEREAS, the governing body of the City has this date considered an amendment to said budget; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section No. 2 of Ordinance No. 2011-1290, for the 2011-12 Fiscal Year Budget, is hereby amended as follows: General Fund Current Budget Amending Budget Change Revenues $47,943,480 $48,252,105 $ 308,625 Expenditures Combined Services 2,410,236 2,465,716 55,480 Mayor & Council 466,510 450,810 (15,700) City Administration 809,206 802,213 (6,993) Economic Development 242,197 275,593 33,396 Community Information 389,806 390,508 702 City Secretary 372,511 379,511 7,000 Engineering 1,047,887 1,100,161 52,274 Facilities 1,375,145 1,412,522 37,377 Streets 1,973,313 1,975,038 1,725 Environmental Health 330,604 329,604 (1,000) Fleet 1,238,847 1,238,692 (155) Traffic Control 1,002,105 1,002,699 594 Fire 9,061,642 9,106,595 44,953 Finance 1,011,929 1,013,897 1,968 Human Resources 1,369,611 1,372,169 2,558 Purchasing 174,923 178,730 3,807 Municipal Court 1,322,053 1,357,334 35,281 Planning 538,817 538,665 (152) Library 1,808,762 1,812,976 4,214 2 Current Budget Amending Budget Change Police 6,635,890 6,754,015 118,125 Animal Services 377,993 380,846 2,853 Information Systems 1,869,479 2,075,743 206,264 Park & Rec. Admin. 1,394,167 1,555,959 161,792 Parks 2,592,436 2,613,517 21,081 Senior Citizens 331,233 332,596 1,363 Recreation 2,216,780 2,224,454 7,674 Community Programs 203,838 205,468 1,630 Total Expenditures $778,111 Decrease in Designated Fund Balance (628,116) Net Expenditure Increase 149,995 Net Increase in Undesignated Fund Balance $ 158,630 Water/Sewer Fund Current Budget Amending Budget Change Expenses Utility Operations $1,998,018 $2,112,386 $114,368 Utility Billing 595,313 595,959 646 Net Decrease in Projected Retained Earnings $115,014 Police Spec. Rev. Fund Current Budget Amending Budget Change Revenues $ 20,300 $ 90,203 $ 69,903 Expenditures 313,845 353,731 39,886 Net Increase in Projected Fund Balance $ 30,017 Parks Special Revenue Current Budget Amending Budget Change Revenues $200 $36,180 $35,980 Net Increase in Projected Fund Balance $35,980 Tree Preservation Fund Current Budget Amending Budget Change Revenues $750 $7,450 $6,700 Net Increase Projected Fund Balance $6,700 Infrastructure Maint. Fund Current Budget Amending Budget Change Expenditures $3,358,000 $3,947,862 $589,862 Net Decrease Projected Fund Balance $589,862 Self Insurance Fund Current Budget Amending Budget Change Expenditures $3,977,668 $3,985,065 $7,397 Net Decrease in Projected Retained Earnings $7,397 Municipal Drainage District Current Budget Amending Budget Change Expenditures $186,907 $224,915 $38,008 Net Decrease in Projected Fund Balance $38,008 3 Historic Preservation Fund Current Budget Amending Budget Change Expenditures $-0- $2,571 $2,571 Net Decrease in Projected Fund Balance $2,571 Donations-Special Revenue Current Budget Amending Budget Change Revenues $28,200 $29,770 $1,570 Expenditures 2,500 13,624 13,624 Net Decrease in Projected Fund Balance $ 12,054 Recreational Fund Current Budget Amending Budget Change Expenditures $205,000 $216,948 $11,948 Net Decrease in Projected Fund Balance $11,948 CEDC Current Budget Amending Budget Change Revenues $1,500 $-0- $(1,500) Net Decrease in Projected Fund Balance $(1,500) CRDC Special Revenue Current Budget Amending Budget Change Expenditures $3,684,598 $7,524,775 $3,840,177 Net Decrease in Projected Fund Balance $3,840,177 CEDF Current Budget Amending Budget Change Revenues $-0- $81,120 $81,120 Expenditures $-0- $81,120 $81,120 Net Change $ -0- Municipal Court Tech Fund Current Budget Amending Budget Change Expenditures $68,500 $95,983 $27,483 Net Decrease in Projected Fund Balance $27,483 Rolling Oaks Current Budget Amending Budget Change Expenditures $411,542 $413,772 $2,230 Net Decrease in Projected Fund Balance $2,230 4 SECTION 2. EFFECTIVE DATE. That this ordinance shall become effective immediately from and after its passage as the law and charter in such cases provide. DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the _____ day of March 2012. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ____________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _____________________________________ CITY ATTORNEY MEMORANDUM Date: March 27, 2012 To: Mayor and Council From: Jennifer Miller, Director of Finance Via: Clay Phillips, City Manager Subject: Budget Amendment - Fiscal Year 2011-12 This budget amendment is being brought forward to reflect encumbrance carryovers, items that have been brought before Council during the first part of the fiscal year and to cor rect an omission from the original budget submittal. General Fund At this time the General Fund revenues are being amended $308,625. The main sources of the revenue increase are from those revenue streams that are not traditionally budgeted such as freeport and rendition taxes ($25,752), prior year ($20,764), sale of city property ($18,228), damage/claims reimbursement ($20,241), salary reimbursements ($47,049), and ambulance services, which is a result of the fee increase passed last year ($175,000). We continue to monitor Sales Tax revenue, but are not amending it at this time. General Fund expenditures are being increased $778,111. $628,116 is associated with encumbrance carryovers. Encumbrance carryovers are those items that were budgeted in the previous fiscal year, purchased in the previous fiscal year, but were not received by year end. The amounts are then carried forward into the next fiscal year. In addition to the encumbrance carryover, Combined Services is being increased $81,120 for the transfer to the CEDF for the remaining costs of the Heritage Park Project (November 2011). The Police Department is being increased $43,687 for the Inter-local agreement with Carrollton, Farmers Branch and Addison regarding the viability study of a combined dispatch center. Parks and Recreation is being amended $25,188 for items that were previously approved but inadvertently left out of the current budget: service center workstations ($5,000), a Kubota mower ($17,000) and a Buffalo blower ($6,500). Water and Sewer Fund Revenues are not being amended for the Water and Sewer Fund at this time. Expenses are being amended in Utility Operations and Utility Billing for encumbrance carryovers. Police Special Revenue Fund Revenues are being amended to reflect forfeitures that have been received. The expenditures are being amended for encumbrance carryovers. Park Special Revenue Fund Revenues are being amended for the actual park fees received. Tree Preservation Fund The revenues are being amended for the actual tree preservation fees received. Self Insurance Fund Expenditures are being amended for encumbrance carryovers. Infrastructure Maintenance Fund Expenditures are being amended for encumbrance carryovers ($474,862) and for the raised pavement markings project approved on February 28, 2012. Municipal Drainage District Fund Expenditures are being amended for encumbrance carryovers. Historic Preservation Fund The expenditures are being increased for the transfer to the CEDF for the Heritage Park project. Donations – Special Revenue Revenues are being amended to reflect the receipt of recycling proceeds and donations to the Fire Department. Expenditures are being amended for the Arts Center replacement of all stage curtains per the Fire Code. Recreational Fund Expenditures are being amended for encumbrance carryovers. CEDC The revenues are being amended to $0 since the fund was closed out in fiscal year 2010-11. C.R.D.C. Special Revenue Expenditures are being amended for encumbrance carryovers ($3,575,352), the preliminary route study for the Hike/Bike Trail along the TXU/Oncor ROW and the planning and design of erosion irrigation at Andy Brown East. Municipal Court Tech Fund Expenditures are being amended for encumbrance carryovers. Coppell Economic Development Foundation The revenues and expenditures are associated with the Heritage Park project. Rolling Oaks Fund Expenditures are being amended for encumbrance carryovers. Date: March 27, 2012 From: Mindi Hurley, Economic Development Coord. RE: Barcel USA, LLC Enterprise Zone – Revised Ordinance City Council approved Ordinance No. 2011-1295 on November 8, 2011. The Ordinance declared certain property within the City as an Enterprise Zone pursuant to the Texas Enterprise Zone Act, Chapter 2303, nominated Barcel USA, LLC as the nominee for qualification, established terms and conditions of qualification for the Enterprise Zone designation, provided for a liaison, provided for an annual report, provided for identification and summary of local incentives that may be available for the business enterprise and provided for an effective date. The application for Enterprise Zone status was submitted to the State on March 1, 2012. Applicants receive points based on the possible local incentives available for the business enterprise. Since the time the original ordinance was passed in November, the State has started awarding points for possible incentives that were not included in the original ordinance. Adding these possible incentives does not mean that the City is providing them. It is just stating that they are incentives that are possible if the City were to ever decide to offer them. Most importantly, it allows Barcel USA, LLC the ability to receive the maximum number of points for local incentives from the State. Therefore, this ordinance amends Ordinance No. 2011-1295 to include the additional possible incentives. This ordinance also modifies the termination date for the enterprise project. The termination date is 5 years from the application date. Barcel’s consultant had planned to submit the application on December 1, 2011, which made the termination date 2016. For various reasons, Barcel chose to wait until March 1, 2012 to submit their application. Therefore, the termination date needs to be modified to 2017 rather than 2016. This ordinance needs to be approved as a follow-up to the application for Barcel USA, LLC to be nominated for qualification. Barcel USA, LLC is seeking participation in the Texas Enterprise Zone program by receiving an enterprise project designation. The Enterprise Zone program is a State program and has no impact on the City of Coppell’s revenues. The program was created at the State level to foster the growth of new jobs, but it can also be used as a retention tool. Companies designated as an Enterprise Zone receive rebates of the State’s portion of sales and use tax equal to $2,500 per employee for a period of five years. For a company to qualify for the program, it must meet certain requirements and be nominated for the program by the local government in which the business resides. Requirements to be approved as an Enterprise Zone: -The company must be designated by the local government in which the business resides as a qualified Enterprise Zone. -A public hearing must be held. -The company must have a minimum of $5M in capital investment over the five-year period. -The company must maintain existing employment levels for the 5-year period. The company, working with the local government, must complete the State application process and file the application with the Office of the Governor. The State only accepts applications quarterly. The original application was filed on March 1, 2012, and the steps being taken now are only corrections to the original application requested by the State. Page 1 TM 54638 ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, AMENDING ORDINANCE 2011-1295 BY ADDING INCENTIVES OFFERED TO BARCEL USA, LLC AND BY AMENDING THE TERMINATION DATE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell has passed and adopted Ordinance Number 2011-1295; and WHEREAS, the City of Coppell, desires to amend Ordinance Number 2011-1295 by adding incentives offered to Barcel USA, LLC and by amending the termination date to read March 1, 2017. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: Ordinance Number 2011-1295 be amended to read as follows: … SECTION 2. The following local incentives, at the election of the governing body, are or will be made available to the nominated project or activity of the qualified business: (a) The City may abate taxes on the increase in value of real property improvements and eligible personal property that locate in a designated enterprise zone. The level of abatement shall be based upon the extent to which the business receiving the abatement creates jobs for qualified employees, in accordance with the City of Coppell Tax Abatement Policy, and with qualified employee being defined by the Act. (b) The City may provide regulatory relief to businesses, including: (1) zoning changes or variances; (2) exemptions from unnecessary building code requirements, impact fees, or inspection fees; or (3) streamlined permitting. (c) The City may provide enhanced municipal services to businesses, including: (1) improved police and fire protection; (2) institution of community crime prevention programs; or (3) special public transportation routes or reduced fares. (d) The City may provide improvements in community facilities, including: (1) capital improvements in water and sewer facilities; (2) road repair; or Page 2 TM 54638 (3) creation or improvement of parks. (e) The City may provide improvements to housing, including: (1) low-interest loans for housing rehabilitation, improvement, or new construction; or (2) transfer of abandoned housing to individuals or community groups. (f) The City may provide business and industrial development services, including: (1) low-interest loans for business; (2) use of surplus school buildings or other underutilized publicly owned facilities as small business incubators; (3) provision of publicly owned land for development purposes, including residential, commercial, or industrial development; (4) creation of special one-stop permitting and problem resolution centers or ombudsmen; or (5) promotion and marketing services. (g) The City may provide job training and employment services to businesses, including: (1) retraining programs; (2) literacy and employment skills programs; (3) vocational education; or (4) customized job training. (h) The City may provide a rebate of certain sales tax receipts. The City of Coppell will consider providing incentives pursuant to Chapter 380 of the Texas Local Government Code; (i) Freeport Tax Exemption on qualifying inventory; and (j) The City may provide Tax Increment Financing. … SECTION 3. The enterprise project shall take effect on the date of designation of the enterprise project by EDT and terminate on March 1, 2017. 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. Page 3 TM 54638 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 from and after its passage as the law and charter in such case provides. DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, ON THIS THE ____ DAY OF _____________, 2012. APPROVED: DOUGLAS N. STOVER, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY ITEM # 6 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-253-H, Old Town Water Tank/Office Addition, Lots 1 & 2, Block A P&Z HEARING DATE: February 16, 2012 C.C. HEARING DATE: March 27, 2012 STAFF REP.: Matt Steer, City Planner LOCATION: 616/618 South Coppell Road SIZE OF AREA: 0.514 acres CURRENT ZONING: H (Historic) REQUEST: A zoning change to PD-253-H (Planned Development-253-Historic) to establish a Detail Site Plan, to allow for the reuse of the existing structures for office uses and to retain the existing empty water tank. APPLICANT: Applicant: Architect: The Edinburgh Group dba Amcat Architecture Plus Allan Palmer Phillip Morse P.O. Box 1068 16415 Addison Road, Suite 120 Coppell, Texas 75019 Addison, Texas 75001 Phone: 214-356-9242 Phone: 972-248-7660 Email: apalmer@amcatusa.com Email: pmorse@archplus.com Owner: Surveyor: City of Coppell Brittain & Cawford Mindi Hurley Chris Blevins 255 Parkway Blvd P.O. Box 11374 Coppell, Texas 75019 Fort Worth, Texas 76110 Phone: 972-304-3677 Phone: 817-429-5112 Email: mhurley@coppelltx.gov Email: clb@brittain-crawford.com HISTORY: The Old Coppell Master Plan was accepted by City Council in April of 2002. On May 13, 2003, Council amended the Land Use component of the 1996 Comprehensive Plan and enlarged the Historic Overlay district, as proposed in the Old Coppell Master Plan and as recommended in April, 2003 by the Planning and Zoning Commission. On January 11, 2005, the HO (Historic Overlay) district, containing various base zonings, was changed to a straight H (Historic) district, which includes standards for construction, design guidelines and use regulations for Old Coppell. ITEM # 6 Page 2 of 3 The subject property contains two buildings and a historic water tank previously used to serve the area. The larger of the two buildings (3,800 square foot) was built in 1959 by J.P. Maynard, R. Story and volunteers. Originally constructed as a two-bay Fire Station housing a 1941 Ford Fire Truck, it was later enlarged to contain four bays. The smaller 1,300 square-foot “annex” building was subsequently constructed and served as a city administrative facility. Portable buildings were placed directly behind the fire station and served as the temporary home to a variety of city offices. The buildings eventually became the Coppell Senior Center for several years until the completion of the Grapevine Springs Community and Senior Center facility in 2008. The site was included in the Old Coppell Master Plan as an example of a potential adaptive reuse. A very conceptual sketch was included in the plan (attached). This depicted a restaurant/café with the exterior of the building having a raised parapet with decorative cap to screen the mechanical equipment on the roof, a brick veneer on the cinder-block, awnings over each window and an outdoor eating area in the front. TRANSPORTATION: Coppell Road is a two-lane, asphalt road contained within a variable width right- of-way. The plans for the improvements currently underway show a variable width right-of-way and approximately 34 feet of pavement with an eight-foot sidewalk on the west and a six-foot sidewalk on the east. On-street angled parking directly abuts this proposal and will provide this property and other adjacent properties public parking. SURROUNDING LAND USE & ZONING: North – Flood plain; Planned Development–213 Revision 2-Historic (PD-213R2-H) South – Retail; Historic East - Vacant; Historic West – Music school; Historic COMPREHENSIVE PLAN: The Comprehensive Plan of March 2011 shows the property as suitable for development in accordance with the Old Coppell Historic District as outlined in the Old Coppell Master Plan. DISCUSSION: As stated in the Coppell Comprehensive Plan of March 2011, the adopted Old Coppell Master Plan provides recommendations for future revitalization and redevelopment in the district. Some of the recommendations (in bold) and how they have been taken into account relative to this site are listed below. 1. Adaptive reuse and infill development - Specifically planned as an adaptive reuse site, the conversion to an office use is appropriate. 2. Streetscapes and gateways – The “Bethel Road Project” currently under construction contains a small segment of South Coppell Road directly in front of this request which features on-street angled parking, a sidewalk and street trees planted at the end of each parking row. The Streetscaping is further enhanced with the landscaping proposed for this development. Three Live Oaks, four Burr Oaks and one Shumard Red Oak are proposed to be integrated throughout the existing development. 3. Urban design and architecture - The existing cinder block building is proposed to be enhanced with a brick veneer and a raised parapet, screening ITEM # 6 Page 3 of 3 the mechanical equipment on the roof, wooden canopies over the proposed windows and doors. 4. Access and parking - In addition to the on-street parking of the Coppell Road improvements, there is an existing parking area to the rear with 18 parking spaces (17 required). This is proposed to be resurfaced and restriped. This area is screened by the buildings, which is ideal for any development in Old Town. 5. Business Development - Amcat is the proposed tenant who will provide more office space in the district and will generate additional daytime population for the area. 6. Marketing and promotion - The property was heavily marketed through the Request for proposal (RFP) process which began in 2011. 7. Funding and incentives and fiscal implementations - The applicant is planning to apply for a façade grant specific to the Old Town area. 8. Implementation strategies – Until completed, staff will continue to work closely with the applicant in the implementation of this adaptive reuse of the former Fire Station and Senior Center buildings. The water tank component to this development is being platted as a separate lot with Bethel Road access and the City of Coppell will retain ownership. Through various discussions with the Historic Society, it has been determined that it will eventually be painted and featured with a historic plaque similar to the one on the Kirkland House summarizing the significance of the structure. Staff is comfortable recommending approval of the Planned Development subject to a minor drafting correction and an addition of a PD condition note relating to the landscape deficiencies. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-253-H, Old Town Water Tank/Office subject to the following conditions: 1. Add a Planned Development Condition note to the Site/Landscape Plan stating the deficiencies to the perimeter, interior and nonvehicular landscaping area and tree requirements. 2. The wood door is proposed to have glass in the center. Revise the elevations and rendering accordingly. 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. Sketch of Adaptive Reuse from the Old Coppell Master Plan 2. Color Rendering 3. Site Plan/Landscape Plan/Tree Survey 4. Existing Conditions Plan 5. Black and White Elevations Old Coppell Master Plan Adaptive Reuse ITEM # 7 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Old Town Water Tank/Office Addition, Lots 1 & 2, Block 1, Minor Plat P&Z HEARING DATE: February 16, 2012 C.C. HEARING DATE: March 27, 2012 STAFF REP.: Matt Steer, City Planner LOCATION: 616/618 South Coppell Road SIZE OF AREA: 0.514 acres CURRENT ZONING: PD-253-H (Planned Development-253-Historic) REQUEST: A minor plat to subdivide the property to establish a building site and necessary easements to allow for the reuse of the existing structures and a separate lot for retaining the existing empty water tank. APPLICANT: Applicant: Architect: The Edinburgh Group dba Amcat Architecture Plus Allan Palmer Phillip Morse P.O. Box 1068 16415 Addison Road, Suite 120 Coppell, Texas 75019 Addison, Texas 75001 Phone: 214-356-9242 Phone: 972-248-7660 Email: apalmer@amcatusa.com Email: pmorse@archplus.com Owner: Surveyor: City of Coppell Brittain & Cawford Mindi Hurley Chris Blevins 255 Parkway Blvd P.O. Box 11374 Coppell, Texas 75019 Fort Worth, Texas 76110 Phone: 972-304-3677 Phone: 817-429-5112 Email: mhurley@coppelltx.gov Email: clb@brittain-crawford.com HISTORY: The Old Coppell Master Plan was accepted by City Council in April of 2002. On May 13, 2003, Council amended the Land Use component of the 1996 ITEM # 7 Page 2 of 3 Comprehensive Plan and enlarged the Historic Overlay district, as proposed in the Old Coppell Master Plan and as recommended in April, 2003 by the Planning and Zoning Commission. On January 11, 2005, the HO (Historic Overlay) district, containing various base zonings, was changed to a straight H (Historic) district, which includes standards for construction, design guidelines and use regulations for Old Coppell. The subject property contains two buildings and a historic water tank previously used to serve the area. The larger of the two buildings (3,800 sq. ft.) was built in 1959 by J.P. Maynard, R. Story and volunteers. Originally constructed as a two bay Fire Station housing a 1941 Ford Fire Truck, it was later enlarged to contain 4 bays. The smaller 1,300 sq. ft. “annex” building was subsequently constructed and served as a city administrative facility. Portable buildings were placed directly behind the fire station and served as the temporary home to a variety of city offices. The buildings eventually became the Coppell Senior Center for several years until the completion of the Grapevine Springs Community and Senior Center facility in 2008. The site was included in the Old Coppell Master Plan as an example of a potential adaptive reuse. A very conceptual sketch was included in the plan. This depicted a restaurant/café with the exterior of the building having a raised parapet with decorative cap to screen the mechanical equipment on the roof, a brick veneer on the cinder-block, awnings over each window and an outdoor eating area in the front. TRANSPORTATION: Coppell Road is a two-lane, asphalt road contained within a variable width right- of-way. The plans for the improvements currently underway show a variable width right-of-way and approximately 34' of pavement with an 8' sidewalk on the west and a 6' sidewalk on the east. On-street angled parking directly abuts this proposal and will provide this property and other adjacent properties public parking. SURROUNDING LAND USE & ZONING: North – Flood plain; Planned Development–213 Revision 2-Historic (PD-213R2-H) South – Retail; Historic East - Vacant; Historic West – Music school; Historic COMPREHENSIVE PLAN: The Comprehensive Plan of March 2011 shows the property as suitable for development in accordance with the Old Coppell Historic District as outlined in the Old Coppell Master Plan. DISCUSSION: This is a Minor Plat to be considered concurrently with the Planned Development proposal to allow the sale of this property not previously platted. The applicant is proposing to renovate the two buildings on Lot 1, Block A for Amcat Offices. The City of Coppell plans to retain ownership of Lot 2, Block A to preserve the ITEM # 7 Page 3 of 3 Historic Water Tank on site. A 12-foot wide maintenance and access easement is proposed on Lot 1, Block A, for the purpose of maintaining the water tank. Staff recommends approval with no outstanding conditions. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending approval of Lot 1 & 2, Block A, Old Town Water Tank/Office Addition with no outstanding conditions. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Minor Plat Date: March 27, 2012 From: Mindi Hurley, Economic Development Coord. RE: The Edinburgh Group – Purchase and Sale Agreement The City issued an RFP for the property and improvements located at 616 and 618 S. Coppell Rd. Sealed proposals were due on July 7, 2011, and five proposals were received. City Council selected the proposal from The Edinburgh Group, Inc., and this Purchase and Sale Agreement will authorize the sale of the property to them. The Edinburgh Group will be doing business as Amcat. Amcat is in the catastrophe claims handling business. They handle claims for insurance companies throughout all 50 states and the US territorial possessions. Amcat will use 616 and 618 S. Coppell Rd. as their corporate offices, and they will have 24 employees at this location. PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COPPELL AND THE EDINBURGH GROUP, INC.: PAGE 1 (KBL:3/19/12:52763) PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (“Agreement”) to buy and sell real property is entered between Seller and Buyer as identified below and is effective on the date set forth in Section (“Effective Date”) of the last of the signatures by Seller and Buyer as parties to this Agreement, acknowledgement by Title Company of receipt of this Agreement. Seller: City of Coppell, a Texas home rule municipality Seller’s Address 255 Parkway Blvd. Coppell, Texas 75019 Dallas County Attn: Clay Phillips, City Manager Phone: (972) 304-3618 Fax: (972) 304-3673 Seller’s Attorney Robert E. Hager Kevin B. Laughlin Nichols, Jackson, Dillard, Hager & Smith, LLP 500 N. Akard, Suite 1800 Dallas, Texas 75201 Phone: (214) 965-9900 Fax: (214) 965-0100 E-mail: rhager@njdhs.com klaughlin@njdhs.com Purchaser: The Edinburgh Group, Inc., a Texas corporation d/b/a AMCAT 196 Southwestern Blvd. Coppell, Texas 75019 Dallas County Attn: Emmett E. Kennedy, President Phone: 1-800-995-1433 Fax: ____________________ E-mail: apalmer@amcatusa.com Purchaser’s Attorney Jeffrey Fink Apple & Fink, LLP 735 Plaza Boulevard Suite 200 Coppell, Texas 75019 Phone: 972-315-1900 Fax: 972-315-1955 E-mail: jfink@applefinklaw.com PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COPPELL AND THE EDINBURGH GROUP, INC.: PAGE 2 (KBL:3/19/12:52763) Property: Approximately 0.453 acre tract of real property out of the J.W. Anderson Survey, Abstract No. 681, City of Coppell, Dallas County, Texas, and to be more particularly described as Lot 1, Block A, Old Town Water Tank/Office Addition, an Addition to the City of Coppell, Dallas County, Texas (commonly known as 616 S. Coppell Road, Coppell, Texas), but excluding any oil, gas or mineral interest. Title Company: Republic Title of Texas, Inc. 8810 N. MacArthur Blvd. Irving, Texas 75063 Attn: Jay Turner Phone: (972) 401-0222 Fax: (972) 401-0333 E-mail: jturner@republictitle.com Escrow Officer/Agent: Kathy Haynes Inspection Period: The period commencing on the Effective Date and ending twenty (20) days after the Effective Date Earnest Money: $8400.00 Option Fee: $500.00, which shall be paid to Seller upon execution of this Agreement as independent consideration for the right of Purchaser to terminate this Agreement on or before the end of the Inspection Period, shall be non-refundable regardless of the default of either party, and shall be credited to the Purchase Price at Closing. Closing Date: 45 days after the Effective Date Purchase Price: $420,000.00 NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Sale and Purchase. Seller agrees to sell, and Purchaser agrees to purchase the Property as provided in this Agreement for the Purchase Price. 2. Title, Survey, and Environmental Reports. (a) Not later than ten (10) days after the Effective Date, Seller shall, at Seller’s expense, deliver to Purchaser: (i) a current commitment for an Owner’s Policy of Title Insurance for the Property from the Title Company, setting forth the state of title to the Property together with any easements or restrictions (existing or created pursuant hereto) benefiting or burdening the Property, together with all exceptions or conditions to such title; PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COPPELL AND THE EDINBURGH GROUP, INC.: PAGE 3 (KBL:3/19/12:52763) (ii) legible copies of all documents referenced in the Title Commitment; (iii) any environmental or geotechnical studies or reports that Seller may have in its possession with respect to the Property; and, (iv) tax certificate(s) regarding the payment of ad valorem taxes for current and prior years. (b) Purchaser shall, not later than twenty (20) days after the Effective Date, and at Purchaser’s expense, obtain a survey of the Property and deliver same to Seller. “Survey” means an on- the-ground, staked plat of survey and metes-and-bounds description of the Property, prepared by a Texas Registered Property Land Surveyor or another surveyor satisfactory to Title Company, dated after the Effective Date, and certified to comply with the current standards and specifications as published by the Texas Society of Professional Surveyors required for obtaining deletion of the survey exception in the Title Policy. The Survey shall show the boundaries of the Property and all improvements located thereon. Purchaser and Seller agree that the legal description set forth in the Survey shall be used for the deed and other documents prepared and executed at Closing. The parties agreement that if the survey indicates a difference in the area of the Property than the area set forth in this Agreement, there shall be no adjustment in the Purchase Price. (c) Purchaser shall, not later than ten (10) days after Purchaser’s receipt of the last of the Survey and Title Commitment, notify Seller and Title Company of any objections to the Survey or Title Commitment. If there are objections by Purchaser, Seller shall in good faith attempt to satisfy them prior to Closing, but Seller shall not be required to incur any cost to do so. If Seller delivers written notice to Purchaser not later than the ten (10) calendar day after Seller’s receipt of Purchaser’s objections that Seller is unable to satisfy such objections, the Purchaser may either waive such objections and accept title as Seller is able to convey or terminate this Agreement by written notice to Seller and the Title Company prior to the expiration of the Inspection Period and the Earnest Money shall be refunded to Purchaser. 3. Inspection Period. (a) During the Inspection Period, Purchaser and its agents or employees shall have the right to enter upon the Property during regular business hours upon reasonable notice and conduct such inspections, tests and studies as they may deem necessary. If for any reason Purchaser determines not to purchase the Property, Purchaser may terminate this Agreement by notifying Seller and Title Company in writing prior to the expiration of the Inspection Period. In such event, the Earnest Money shall be refunded to Purchaser and neither party shall have any further claim against the other under this Agreement. If Purchaser does not timely terminate this Agreement under this Section 3, it shall have no further right to do so under this Section 3; and Purchaser shall have waived its right to terminate this Agreement within the Inspection Period and obtain a refund of the Earnest Money. (b) Purchaser may enter the Property to conduct its inspection, but shall be solely responsible for any damages caused thereby. Purchaser shall repair any damage to the Property it causes or that is caused by its agents or invitees, and shall indemnify and defend Seller and hold Seller harmless from and against any and all claims, liabilities or damages to the Property or against Seller caused by the intentional or negligent acts or omissions of Purchaser and/or Purchaser’s authorized agents, representatives or employees during the Inspection Period or as a result of any inspection of the Property by such parties. PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COPPELL AND THE EDINBURGH GROUP, INC.: PAGE 4 (KBL:3/19/12:52763) 4. Closing Date. The closing of the sale of the Property shall occur on the Closing Date at the Title Company, or at such other time as may be agreed in writing by the parties. 5. Closing Deliverables. (a) At the closing of the Property, Seller shall deliver to the Title Company: (i) a special warranty deed, in form and substance reasonably acceptable to Seller and Purchaser, conveying good and indefeasible title to Purchaser, free and clear of any and all encumbrances except the Permitted Exceptions, excluding the mineral rights, such mineral rights being reserved by the Seller; (ii) such documents as may be reasonably required by Title Company in order to cause Title Company to issue a Texas owner’s policy of title insurance (or equivalent) in the amount of the Purchase Price, insuring such title to the Purchaser; (iii) the Restriction Agreement duly executed by Seller; and (iv) possession of the Property, free of parties in possession. (b) At the Closing, Purchaser shall deliver to Seller through the Title Company: (i) the Purchase Price; and (ii) the Restriction Agreement duly executed by Purchaser. 6. Taxes. Purchaser understands and acknowledges that the Property is presently exempt from the assessment of ad valorem taxes, which status will change upon conveyance of the Property to Purchaser. Seller shall not be responsible for payment of property taxes assessed against the Property for periods after the date of Closing, if any become due and payable. 7. Closing Costs. (a) Seller hereby agrees to pay and be responsible for the following closing cost with respect to the closing of the Property: (i) the cost of all tax certificates relating to all taxes and other assessments incurred or arising in relation to the Property; (ii) one-half (½) of the Title Company’s escrow fees; (iii) the basic premium for the Owner’s Policy of Title Insurance; (iv) all costs and expenses incurred by or on behalf of the Seller, including Seller’s attorney’s fees; and PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COPPELL AND THE EDINBURGH GROUP, INC.: PAGE 5 (KBL:3/19/12:52763) (v) such other incidental costs and fees customarily paid by sellers of real property in Dallas County, Texas, for transactions of a similar nature to the transaction contemplated herein. (b) Purchaser hereby agrees to pay and be responsible for the following closing cost with respect to the closing on the purchase of the Property: (i) all fees and premiums for any endorsements to the Basic Owner’s Title Policy; (ii) all fees and costs for the Survey; (iii) one-half (½) of the Title Company’s escrow fees; (iv) all costs and expenses incurred by or on behalf of the Purchaser, including Purchaser’s attorneys’ fees; (v) all premiums and fees for optional riders and amendments to the Basic Owner’s Title Policy and all costs related to issuance of any Mortgagee’s Title Policy; and (vi) such other incidental costs and fees customarily paid by purchasers of property in Dallas County, Texas, for transactions of a similar nature to the transaction contemplated herein. 8. Conditions to Closing. Closing on the sale of the Property shall be conditioned upon: (i) Purchaser and Seller having duly executed the Restriction Agreement; and (ii) The Property being platted, if necessary, so that it constitutes one or more defined lots as determined in accordance with Seller’s subdivision ordinance. Seller understands and acknowledges that as of the Effective Date the Property constitutes only a portion of one parcel. Seller further understands and agrees that it is in the best interest of the Parties to obtain a replat of the Property in accordance with applicable City ordinances. Seller agrees to reasonably cooperate and participate with Purchaser in the prosecution of any plat application for the replat of the Property so that the Property is identified as one or more separate and distinct lots as determined by Purchaser. If the conditions set forth in (ii) has not been satisfied on or before ten (10) days prior to Closing, the Closing Date shall be extended for a period of thirty (30) days. If the conditions set forth in (ii) has still not been approved by the end of said thirty (30) day period, Purchaser may either (1) extend the Closing Date for an additional thirty (30) day period, (2) waive the condition and proceed to Closing, or (3) terminate this Agreement and obtain a refund of the Earnest Money as Purchaser’s sole remedy. 9. Permitted Exceptions. Purchaser acknowledges and agrees that the Property will be conveyed by Seller at closing subject to the Restriction Agreement and that the Special Warranty Deed shall contain reference to same. The (i) zoning, (ii) lien for current taxes, (iii) environmental condition, (iv) the Restriction Agreement, and (v) matters appearing on Schedule B of the Title Commitment that were not cured and to which Purchaser failed to object or otherwise waived objection shall be deemed to be Permitted Exceptions. PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COPPELL AND THE EDINBURGH GROUP, INC.: PAGE 6 (KBL:3/19/12:52763) 10. Representations and Covenants. Seller represents and covenants that: (a) it has authority to enter into this Agreement; and (b) no other person has any interests in or claims against the Property (other than as reflected by the Title Commitment), and it will not hereafter encumber the Property. Purchaser represents that it has authority to enter into this Agreement. The only representations made by any party concerning the Property and this Agreement are as set out in this Section 10. 11. Property Sold As Is. (a) Purchaser represents that as of the Closing Date that it: (i) will have fully inspected the Property; and (ii) will have made all investigations as it deems necessary or appropriate and will be relying solely upon its inspection and investigation of the Property for all purposes whatsoever, including, but not limited to, the determination of the condition of the structures, improvements, soils, subsurface, drainage, surface and groundwater quality, and all other physical characteristics; availability and adequacy of utilities; compliance with governmental laws and regulations; access; encroachments; acreage and other survey matters and the character and suitability of the Property. (b) Purchaser acknowledges and agrees that the Property is being purchased and will be conveyed “AS IS” with all faults and defects, whether patent or latent, as of the Closing. (c) Except with respect to the quality of the title being conveyed by Seller pursuant to this Agreement, Purchaser acknowledges and agrees that Seller has made no representations, warranties, guarantees, statements or information, express or implied, pertaining to the Property, its condition, or any other matters whatsoever, made to or furnished to Purchaser by Seller or any employee or agent of Seller, except as specifically set forth in this Agreement. (d) Purchaser waives, releases and forever discharges Seller, its officers, employees and agents and their respective successors and assigns, collectively referred to as the “Released Parties,” of and from any and all suits, legal or administrative proceedings, claims or demands, actual damages, punitive damages, losses, liabilities, interest, attorney’s fees, expenses of whatever kind in nature, in law or in equity, known or unknown (collectively referred to as “liabilities”), that the Purchaser ever had, now has, or in the future may have, against any of the Released Parties based upon, or arising indirectly or directly out of (i) the condition, status, quality or nature of the Property; and (ii) the existence, presence or conditions of asbestos and any toxic or hazardous material in or under the Property. The Purchaser also agrees to indemnify, defend, and save harmless the Released Parties from and against any and all liabilities that any of the Released Parties may incur or become responsible for, as a result of any claims by any persons or entities whatsoever, including, but not limited to, any governmental authorities, based upon or arising directly or indirectly out of, the matters described in the preceding sentence, but Purchaser’s indemnification will only relate to such claims that first arise during and in connection with Purchaser’s ownership of the Property. The warranties, representations, agreements, indemnification and release set forth in this Paragraph 11 shall survive closing, and shall be incorporated into the deed. PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COPPELL AND THE EDINBURGH GROUP, INC.: PAGE 7 (KBL:3/19/12:52763) 12. Reservation of Minerals; Waiver of Surface Rights; Water Tower Site. (a) Purchaser agrees that Seller, for itself and its successors and assigns, as their interests may appear, reserves from this conveyance unto Seller all oil, gas and other minerals owned by Seller located in and under and that may be produced from the Property to the extent not reserved by prior grantors; provided, however, Seller, for itself and its successors and assigns agrees to waive all surface rights and other rights of ingress and egress in and to the Property, and agrees that in conducting operations with respect to the exploration for and production, processing, transporting and marketing of oil, gas and other minerals from the Property, that no portion of the surface of the Property will be used, occupied or damaged and that fixtures, equipment, buildings or structures used in connection with the exploitation of the reserved mineral, oil and gas rights, shall not be placed on the surface of the Property. Seller shall not be restricted or prohibited from the pooling or unitization of the portion of the mineral estate owned by Seller with land other than the Property; or the exploration or production of the oil, gas, and other minerals by means of wells that are drilled or mines that open on land other than the Property but enter or bottom under the Property, provided that these operations will in no manner interfere with the surface or subsurface support of any improvements constructed or to be constructed on the Property. The foregoing reservation of minerals and Seller’s waiver of surface rights set forth above shall survive closing be included in substance in the special warranty deed. (b) The parties agree that the portion of the Property on which the Seller’s water tower is located is expressly not a part of this sale. The Survey shall reflect the exclusion of the water tower site from the Property as presently described on the Effective Date. 13. Remedies. If Purchaser defaults, Seller’s sole remedy shall be to terminate this Agreement and retain the Earnest Money. If Seller defaults, Purchaser’s sole remedy shall be to terminate this Agreement and obtain a refund of the Earnest Money. No termination shall occur pursuant to a default until the non- defaulting party has provided written notice of default not less than ten (10) days prior to the proposed date of termination and the defaulting party has failed to cure the default; provided, however, if all parties have fully performed and all conditions to Closing have been satisfied other than the signing of documents close on the sale of the Property and one party fails to perform such necessary acts to deliver funds and execute documents required for Closing, on the date of Closing, then this Agreement shall terminate one (1) business day after demand is made to the non-performing party and the party continues to fail to close on the transaction, with the Earnest Money being paid to the party ready, willing, and able to close on the sale. 14. Notices. Notices must be in writing and may be hand delivered and/or mailed by certified mail with return receipt requested to the addresses stated above. Notice given by delivery service shall be effective upon receipt at the address of the addressee; notice given by mail shall be effective upon earlier of actual receipt or three (3) days after placing the notice in a receptacle of the United States Postal Service, postage prepaid and properly addressed. In addition, copies of notices shall be provided to the party’s attorney at the addresses indicated above. 15. Term. This Agreement shall be effective on the Effective Date and, except for the provisions of this Agreement that survive termination, shall terminate: PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COPPELL AND THE EDINBURGH GROUP, INC.: PAGE 8 (KBL:3/19/12:52763) (a) on the closing date of the sale of the Property to Purchaser; (b) on the date mutually agreed by the parties; or (c) the date the Agreement is terminated pursuant to Section 13, above. 16. Sale Subject to Provisions of Tex. Loc. Govt. Code §272.001. The parties understand, acknowledge and agree that the sale of the Property is being sold following the results of a competitive bidding process pursuant to Tex. Local Govt. Code §272.001 in accordance with that certain Request for Proposals to Enter Into a Development Agreement for Property in Old Town Coppell Located at 616 S. Coppell Road (RFP #0109) (“the RFP”) and Purchaser’s response to the RFP set forth in the certain Bid for Purchase for RFP No. 0109 - Development Agreement for Property in Old Town Coppell Located at 616 S. Coppell Road, Coppell, Texas dated July 7, 2011 (“the Bid”). Seller and Purchaser acknowledge and agree that Seller has obtained an appraisal of the Property and that the Purchase Price exceeds the value of said appraisal. This Agreement shall be subject to the provisions of the RFP and the Proposal, which are incorporated herein by reference. To the extent of any irreconcilable conflict between this Agreement, the RFP, and the Proposal, the priority of the documents shall, in order of precedence, be (i) this Agreement, (ii) the RFP, and (iii) the Proposal. 17. Miscellaneous. This Agreement is subject to the following additional provisions and conditions: (a) Entireties. This Agreement contains the entire agreement of the parties pertaining to the Property. (b) Modifications. This Agreement may only be modified by a written document signed by both parties. (c) Assignment. Purchaser may not assign its rights under this Agreement to any entity without the express written consent of Seller; provided, however, that Purchaser may, upon written notice to Seller but without the requirement of prior written consent from Seller, assign this Agreement to an entity in which Purchaser or its principals owns a majority interest or to an entity that is controlled by another entity in which Purchaser or its principals owns a majority interest. (d) Time is of the Essence. Time is of the essence with respect to the performance by the parties of their respective obligations hereunder. (e) Effective Date. The Effective Date of this Agreement shall be the last date on which the authorized representatives of all parties have signed this Agreement. (f) Non-Business Day. If the final date of any period provided herein for the performance of an obligation or for the taking of any action falls on a Saturday, Sunday, federal holiday, or a day on which Seller’s main offices are not open for regular business, then the end of such period shall be extended to the next day that is not one of the foregoing described days. (g) Zoning. Seller assumes no obligation to change the current zoning on the Property. (h) Brokers. The parties represent and warrant that they have not worked with any broker relative to this transaction and that no brokerage commission is due and payable upon the Closing. To the PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COPPELL AND THE EDINBURGH GROUP, INC.: PAGE 9 (KBL:3/19/12:52763) extent allowed by law, each party shall indemnify each other from any claim for brokers’ commissions relative to the sale of the property and alleged to be due. Purchaser does represent and disclose that certain of its officers and employees are licensed real estate agents or brokers in the State of Texas. (i) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original for all purposes and constitute one and the same instrument; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. (j) Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. (k) Law Governing. This Agreement shall be construed under and in accordance with the laws of the State of Texas; and venue for any action arising from this Agreement shall be in the State District Court of Dallas County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court. (l) Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive. (Signatures on Following Page) PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COPPELL AND THE EDINBURGH GROUP, INC.: PAGE 10 (KBL:3/19/12:52763) SIGNED AND AGREED this the _______ day of ___________, 2012. City of Coppell, Texas By: ______________________________________ Clay Phillips, City Manager SIGNED AND AGREED this the ________ day of ___________, 2012. The Edinburgh Group, Inc. dba AMCAT By: _______________________________ Emmett E. Kennedy, President RECEIPT OF CONTRACT Title Company acknowledges receipt of a copy of this Agreement executed by both Seller and Purchaser on the ___ day of _______________________, 2012. By:______________________________________ Name:___________________________________ Title:____________________________________ EXHIBIT “A” TO PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COPPELL AND THE EDINBURGH GROUP, INC.: PAGE 1 (KBL:3/19/12:52763) Exhibit “A” Form of Restriction Agreement WHEN RECORDED RETURN TO: Nichols, Jackson, Dillard, Hager & Smith, LLP Attention: Kevin B. Laughlin 500 N. Akard, Suite 1800 Dallas, Texas 75201 (Space Above For Recorder’s Use Only) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER STATE OF TEXAS § § RESTRICTION AGREEMENT COUNTY OF DALLAS § This RESTRICTION AGREEMENT (“Restriction Agreement”) is made and entered into as of the Effective Date by and between the City of Coppell (“City”), a Texas home rule municipality, and The Edinburgh Group, Inc. dba AMCAT (“AMCAT”), a Texas corporation, acting by and through their respective authorized officers. RECITALS WHEREAS, as of the Effective Date, pursuant to the Purchase Agreement, AMCAT has purchased the Property from City; and WHEREAS, City has, as a condition of the conveyance of the Property to AMCAT, restricted the use of the Property and required AMCAT to develop the Property with the Improvements in accordance with the terms and conditions set forth herein; and WHEREAS, AMCAT desires to grant City an option to repurchase the Property in the event AMCAT fails to cause Commencement of Construction or Completion of Construction (hereinafter defined) of the Improvements in accordance this Restriction Agreement, subject to the terms and conditions hereafter set forth; NOW, THEREFORE, in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: EXHIBIT “A” TO PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COPPELL AND THE EDINBURGH GROUP, INC.: PAGE 2 (KBL:3/19/12:52763) Article I Property Subject to Declaration The Property shall be owned, held, leased, transferred, sold, mortgaged and/or conveyed by AMCAT and any subsequent owners of all or any part of the Property (as hereinafter defined) for the term specified in Section 5.2, subject to the terms of this Restriction Agreement. Article II Definitions For purposes of this Restriction Agreement, the following words and phrases shall have the following meanings unless the context clearly indicates a different meaning: “Affiliated Third Party” shall mean any corporation, general partnership, limited partnership, limited liability company, or other business entity authorized to conduct business in the State of Texas pursuant to the Texas Business Organizations Code in which AMCAT owns more than 50% interest. “Commencement of Construction” shall mean (i) the plans have been prepared and all approvals thereof required by applicable governmental authorities have been obtained for construction of the Improvements, (ii) all necessary permits for the construction of the Improvements have been issued by the applicable governmental authorities and (iii) grading of the Property or construction of the elements of the building elements of the Improvements (whether located above or below ground) has commenced. “Completion of Construction” shall mean (i) substantial completion of the Improvements on the Property has occurred, and (ii) a certificate of occupancy has been issued by City for occupancy of the Improvements for the Required Use by AMCAT or an Affiliated Third Party. “Effective Date” shall mean the date this Restriction Agreement is signed by all parties hereto. “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, by the order of a court resulting from any litigation brought by a third party to prevent or delay AMCAT’s development, construction, or operation, City delay of permits or other approvals, government or de facto governmental action (unless caused by acts of omissions of the party), pending referendum, fires, explosions or floods, strikes, slowdowns or work stoppages. Such extension shall be for a period equal to the actual length of such delay, together with any time reasonably required by AMCAT to re-mobilize for construction as a result of such delay. “Improvements” shall mean (i) repaving all parking areas located on the Property, (ii) removing existing fencing, (iii) reconstructing the exterior facades of the buildings located on the Property to appear in accordance with PD-253-H as set forth in Exhibit “B,” attached hereto and incorporated herein by reference. EXHIBIT “A” TO PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COPPELL AND THE EDINBURGH GROUP, INC.: PAGE 3 (KBL:3/19/12:52763) “Improvement Value” shall mean: (i) after commencement of Construction but prior to the Completion of Construction, the actual hard and soft costs incurred and paid by AMCAT (including any payments made directly to AMCAT’s contractor(s) on AMCAT’s behalf by AMCAT’s interim construction lender, if any) to design, permit and construct the Improvements or so much thereof as have been completed at the time, or (ii) once the Completion of Construction has occurred, the fair market value of the Improvements constructed on the Property as determined by an appraiser selected by the parties, or, in the event the parties cannot agree upon an appraiser within ten (10) days after City’s exercise of the Option, each party shall select an appraiser who in turn will select an appraiser who will determine the fair market value of such Improvements. “Property” shall mean the real property located in Coppell, Texas, described as Lot 1, Block A, Old Town Water Tank/Office Addition, an addition to the City of Coppell, Texas, according to the plat thereof filed as Instrument No. _______________, Official Public Records, Dallas County, Texas, inclusive of all buildings, fixtures, and improvements located thereon. “Option Period” shall mean that period of time commencing on [insert date that is 90 days after Closing], and ending on the earlier of (a) Completion of Construction or (b)[insert date that is one year after the date in Section 3.2(b)]. “Option Price” shall mean an amount equal to: (a) $420,000.00; plus (b) if Commencement of Construction of the Improvements has occurred, the Improvement Value, if any, less (c) an amount equal to: (i) all costs incurred by City relating to the prosecuting and obtaining a final replat of the Property; plus (ii) any amounts paid by City to close on the repurchase of the Property following the exercise of the Option. “Purchase Agreement” shall mean that certain Purchase and Sale Agreement, as amended or assigned, by and between City and AMCAT, dated _______________, 2012. “Required Use” shall mean the development and use of the Property for office purposes and incidental uses reasonably related thereto so long as consistent with all applicable zoning ordinances of the City of Coppell. Article III Option 3.1 Grant of Option. In consideration of TEN AND NO/100 DOLLARS ($10.00), in hand paid by City to AMCAT and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by AMCAT, AMCAT hereby grants to City during the EXHIBIT “A” TO PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COPPELL AND THE EDINBURGH GROUP, INC.: PAGE 4 (KBL:3/19/12:52763) Option Period an option to repurchase the Property (the “Option”). 3.2 Time for Exercising Option. Subject to Section 3.3, below, the Option may be exercised by City in its sole discretion by providing written notice to AMCAT upon the occurrence of the following: (a) any time after[insert date that is ninety days after Closing], if AMCAT has failed to cause Commencement of Construction of the Improvements to occur on the Property on or before [insert date that is ninety days after Closing], provided Commencement of Construction has in fact still not occurred on the date of the exercise of the Option; or (b) any time after [insert date that is 12 months following the date in Section 3.2(a)], but before the end of the Option Period, if Commencement of Construction has occurred, but AMCAT has failed to cause Completion of Construction by [insert date that is 12 months following the date in Section 3.2(a)], provided Completion of Construction has in fact still not occurred on the date of the exercise of the Option; or (c) any time after Completion of Construction that AMCAT has failed to use the Property in accordance with Section 5.1 following receipt of the required notices described in Section 6.1; provided, however, the right to exercise the Option pursuant to this Section 3.2(c) shall terminate if not exercised on or before the 210th day after issuance of the second thirty (30) day notice described in Section 6.1. 3.3 Force Majeure. In the event of Force Majeure, AMCAT shall have such additional time to cause Commencement of Construction or Completion of Construction, as the case may be, so long as AMCAT is diligently and faithfully pursuing the same. The termination of the Option Period shall be extended for the same number days that the performance of AMCAT with respect to Commencement of Construction or Completion of Construction is extended by Force Majeure. 3.4 Sole Remedy. The City’s sole and exclusive remedy for AMCAT’s failure to comply with the deadlines for the Commencement of Construction and the Completion of Construction set forth herein shall be the exercise of the Option and repurchase of the Property in accordance with Article IV, below. Article IV Terms of Sale Upon Exercise of Option 4.1 Effect of Exercise of the Option. Upon any timely exercise of the Option by City in accordance with the foregoing provisions, the conveyance of the Property to be conveyed to City shall be in accordance with the provisions in this Article IV. 4.2. Title, Survey, Environmental Reports; Design and Construction Documents. (a) Not later than the fifteenth (15th) business day after the exercise of the Option, AMCAT shall, at AMCAT’s expense, deliver to City: EXHIBIT “A” TO PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COPPELL AND THE EDINBURGH GROUP, INC.: PAGE 5 (KBL:3/19/12:52763) (i) a current commitment for an Owner’s Policy of Title Insurance from the Title Company for the Property setting forth the state of title to the Property or portion thereof together with any easements or restrictions (existing or created pursuant hereto) benefiting or burdening the Property, together with all exceptions or conditions to such title; (ii) legible copies of all documents referenced in the Title Commitment; (iii) any environmental studies or reports that AMCAT may have in its possession with respect to the Property; and, (iv) tax certificate(s) regarding the payment of ad valorem taxes for current and prior years. (b) Upon any exercise of the Option, City shall have the right, at its sole option, to cause a boundary or “as-built” survey of the Property to be made by a certified land surveyor selected by it. Such survey shall be made at the sole cost and expense of City. (c) City shall, not later than twenty (20) days after City’s receipt of the last of the Survey and Title Commitment, notify AMCAT and Title Company of any objections to the Survey or Title Commitment. If there are objections by City, AMCAT shall in good faith attempt to satisfy them prior to Closing, but AMCAT shall not be required to incur any cost to do so. If AMCAT delivers written notice to City not later than the tenth (10th) calendar day after AMCAT’s receipt of City’s objections that AMCAT is unable to satisfy such objections, City may either waive such objections and accept title as AMCAT is able to convey or terminate the exercise of the Right by written notice to AMCAT and the Title Company. (d) If Commencement of Construction has occurred such that the Option Price includes payment of the Improvement Value, AMCAT shall assign to City any or all contracts related to the design and construction of the Improvements and all of AMCAT’s right, title, and interest in any construction documents related to the design and/or construction of the Improvements if such assignment is requested in writing by City. 4.3. Closing. (a) The closing of the sale of the Property shall occur not later than sixty (60) calendar days following the date of exercise of the Option unless otherwise extended by City at its discretion. (b) At the closing, AMCAT shall deliver to City: (i) a special warranty deed, in form and substance substantially similar to the form used to convey the Property to AMCAT pursuant to the Purchase Agreement, conveying good and indefeasible title to the Property and/or EXHIBIT “A” TO PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COPPELL AND THE EDINBURGH GROUP, INC.: PAGE 6 (KBL:3/19/12:52763) the survey obtained by City (whichever is the most accurate description) to City, free and clear of any and all encumbrances except the Permitted Exceptions’ provided, however, such deed shall not contain any reservation of oil, gas, or other minerals by AMCAT (having already been reserved by City); (ii) an owner’s policy of title insurance (or equivalent) in the amount of the Purchase Price, insuring such title to City; (iii) copies of all documents described in Section 4.2(d), above, if applicable; and (iv) possession of the Property, free of parties in possession. (c) At closing, City shall pay the Option Price, less all Closing Costs and other costs and expenses to be paid by AMCAT pursuant to this Article. 4.4 Taxes. Ad valorem taxes, assessments, and any other charges against the Property and/or Improvements conveyed to City pursuant to this Article IV shall be prorated as of the Closing Date for the current year, such that AMCAT will be responsible for all such items which accrue prior to the Closing Date, and City will be responsible for all such items which accrue on and after the Closing Date. Taxes and assessments for all prior years shall be paid by AMCAT. The prorated taxes for the current year shall be paid by AMCAT at Closing pursuant to Texas Tax Code §26.11. 4.5 Closing Costs. (a) AMCAT will pay and be responsible for the following closing cost: (i) the cost of all tax certificates relating to all taxes and other assessments incurred or arising in relation to the Property; (ii) all fees and premiums for Basic Owner’s Title Policy; (iii) the Title Company’s escrow fees; (iv) all recording fees; (v) all costs and expenses incurred by or on behalf of AMCAT, including AMCAT’s attorney’s fees; (vi) all costs related to obtaining any releases of liens on the Property and relating to any loans secured by a deed of trust lien on the Property; and (vii) such other incidental costs and fees customarily paid by sellers of real property in Dallas County, Texas, for transactions of a similar nature to the transaction contemplated herein. EXHIBIT “A” TO PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COPPELL AND THE EDINBURGH GROUP, INC.: PAGE 7 (KBL:3/19/12:52763) (b) City hereby agrees to pay and be responsible for the following closing cost: (i) all fees and premiums for the Survey; (ii) all fees for any endorsements to the Basic Owner’s Title Policy; (iii) all costs and expenses incurred by or on behalf of City, including City’s attorneys’ fees; and (iv) such other incidental costs and fees customarily paid by purchasers of property in Dallas County, Texas, for transactions of a similar nature to the transaction contemplated herein. 4.6. Permitted Exceptions. City acknowledges and agrees that the property and improvements conveyed pursuant to this Article IV will be conveyed by AMCAT at closing subject only to such easements, conditions and restrictions as have been approved or deemed approved by City, including; (i) utility easements granted by subdivision plat or instrument subsequent to the purchase of the Property by AMCAT; and (ii) such other matters as City may waive. 4.7 Conveyance As Is. City acknowledges and agrees that the Property and/or improvements conveyed pursuant to this Article IV will be conveyed “AS IS” with all faults and defects, whether patent or latent, existing as of the Closing. Except with respect to the quality of the title being conveyed by AMCAT as set forth in the Special Warranty Deed, City acknowledges and agrees that AMCAT will be making no representations, warranties, guarantees, statements or information, express or implied, pertaining to the property or improvements conveyed, their condition, or any other matters whatsoever, made to or furnished to City by AMCAT or any employee or agent of AMCAT, except as specifically set forth in this Restriction Agreement. Article V Restrictions 5.1 Use of Property. The Property shall be used for no purpose other than the Required Use. No building shall be constructed, reconstructed, erected, altered, or placed on any portion of the Property other structures that will be used in conformance with the Required Use. 5.2 Term of Restrictions. The restrictions set forth in Section 5.1, above, shall commence on the thirty-first (31st) day after the Completion of Construction and continue thereafter until the expiration of ten (10) years following the Completion of Construction of the Improvements. EXHIBIT “A” TO PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COPPELL AND THE EDINBURGH GROUP, INC.: PAGE 8 (KBL:3/19/12:52763) Article VI Miscellaneous 6.1 Enforcement. City shall have the right, but not the obligation, to enforce this Restriction Agreement and any covenants and restrictions contained herein, as the same may be amended as herein provided. Subject to the limitation set forth in Section 5.1, above, enforcement of the provisions set forth in Section 5.1 contained herein may be exercised after failure of any person or persons violating or attempting to violate any covenants or restrictions to cure such violation or breach within two (2) thirty (30) day notice periods after receipt of written notice thereof, [by proceeding at law or in equity, against any person or persons violating or attempting to violate any covenants or restrictions, to restrain violation, and failure to enforce any covenant, restriction or condition shall not be deemed a waiver of the right of enforcement either with respect to the violation in question or any other violation. This Restriction Agreement is not intended to restrict the rights of the City Council of the City of Coppell to exercise its legislative duties and powers insofar as the Property is concerned. For further remedy, AMCAT, for itself, its successors, and assigns agrees that the City may withhold building permits, development approvals, certificates of occupancy and/or final inspection necessary for the lawful use of any portion of the Property not then in compliance with the Required Use. The City’s right to repurchase the Property pursuant to the exercise of the Option as set forth in Articles III and IV of this Restriction Agreement constitutes the City’s sole and exclusive remedy for any failure by AMCAT to Commence Construction or Complete Construction of the Improvements on the Property in accordance with this Restriction Agreement. The rights of City under this Restriction Agreement may not be waived or released except pursuant to an amendment or termination approved in accordance with the provisions hereof, except by expiration of the Term. 6.2 Amendment. No amendment or any termination of this Restriction Agreement shall be effective unless and until approved by AMCAT and the City (as evidenced by a resolution of the City Council executed by the Mayor and recorded in the Official Public Records in the office of the Dallas County Clerk); provided, however, the City may, without the consent of AMCAT, terminate and release the restrictions set forth in Section 5.1. In the event AMCAT, or subsequent owner of the Property desires to change, amend or alter the covenants, conditions or restrictions as set forth herein, AMCAT, or subsequent owner, as the case may be, shall file a written application for such change or amendment with City, which shall approve or deny such application in whole or in part within thirty (30) days after receipt of such application. Any change or amendment approved by City shall not be effective unless and until an instrument executed by the Mayor is recorded in the Official Public Records in the office of the Dallas County Clerk in accordance with this Section. 6.3 Notices. All notices, requests, demands or other communications required or permitted hereunder shall be in writing and shall be deemed to have been fully and completely made when given by hand, by confirmed facsimile transmission by overnight delivery by Federal Express or other reliable courier or the mailing of such by registered or certified mail, addressed as follows: EXHIBIT “A” TO PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COPPELL AND THE EDINBURGH GROUP, INC.: PAGE 9 (KBL:3/19/12:52763) If intended for City, to: City of Coppell Attn: City Manager 255 Parkway Blvd. Coppell, Texas 75019 With a copy to: Robert E. Hager Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 If intended for AMCAT: The Edinburgh Group, Inc. Attn: Emmett Kennedy, President 196 Southwestern Blvd. Coppell, Texas 75019 With a copy to: Jeffrey Fink Apple & Fink, LLP 725 Plaza Boulevard Suite 200 Coppell, Texas 75019 Notices sent by mail shall be deemed fully and completely made three (3) business days after deposit in the US Mail as provided above. Any party may at any time and from time to time by notice in writing to the other party hereto change the name or address of the person to who notice is to be given as hereinbefore provided. 6.4 Successors and Assigns. This Restriction Agreement shall bind, and inure to the benefit of, the parties and their respective successors and assigns. 6.5 Governing Law. This Restriction Agreement is entered into and is intended to be performed in the State of Texas, and the validity, enforceability, interpretation and construction hereof shall be determined and governed by the laws (other than conflict of laws provisions) of the State of Texas. Venue for any action shall be in the state district court of Dallas County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court. 6.6 Recording. The parties agree that City may record this Restriction Agreement in the Official Public Records in the office of the Dallas County Clerk. 6.7 Covenants Run with the Property. This Restriction Agreement and the restrictions, covenants, and conditions set forth herein are for the purpose of protecting the value and desirability of the Property and accomplishing certain public purposes of the City of Coppell and, consequently, shall run with the Property and be binding on the AMCAT and all parties having all right, title, or interest in the Property, in whole or in part, and their heirs, successors and assigns. These covenants, conditions and restrictions shall be for the benefit of the City of Coppell, Texas. This Restriction Agreement is binding upon AMCAT and each and every subsequent owner, tenant, subtenant, licensee, manager, and occupant of all or any portion of the Property, but only during the term of such party’s ownership, tenancy, license, management or occupancy of the Property, for which such party shall remain liable and shall be binding upon and inure to the benefit of City and its successors and assigns. It is expressly understood and agreed that acceptance of title to all or a portion of the Property shall automatically, and without EXHIBIT “A” TO PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COPPELL AND THE EDINBURGH GROUP, INC.: PAGE 10 (KBL:3/19/12:52763) further acknowledgement or confirmation from the owner, constitute such owner’s assumption of the obligations of AMCAT hereunder. 6.8 Notice to Mortgagees. If a holder of a mortgage or deed of trust on the Property shall notify the City of its address, then such holder(s) shall be entitled to receive written notification from the City of any violation by AMCAT of this Restriction Agreement or the exercise of the Option. However, the giving or receipt of notice by any such mortgagee shall in no manner limit, restrict or qualify the rights of the City to proceed in accordance with the terms of this Restriction Agreement. 6.8 Severability. Invalidation of any one of these covenants, conditions, or restrictions by judgment or court order shall in no way affect any other provisions, and all other provisions shall remain in full force and effect. 6.9 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and no statement, promise, representation or modification hereof by any person, if any, and whether oral or written, shall be binding upon any party. 6.10 Counterparts. This Agreement may be executed by the parties hereto in separate counterparts; each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of a number of copies hereof each signed by less than all, but together signed by all of the parties hereto. (Signatures on Following Page) EXHIBIT “A” TO PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COPPELL AND THE EDINBURGH GROUP, INC.: PAGE 11 (KBL:3/19/12:52763) SIGNED AND AGREED on this ______ day of ___________________, 2012. CITY OF COPPELL, TEXAS, A TEXAS HOME RULE MUNICIPALITY By: Clay Phillips, City Manager Approved as to Form: By: Robert E. Hager, City Attorney City’s Acknowledgment STATE OF TEXAS § § COUNTY OF DALLAS § Acknowledged before me, the undersigned authority, this _________ day of ____________________, 2012, by Clay Phillips, City Manager for the City of Coppell, Texas, a Texas home rule municipality, on behalf of such municipality. Notary Public, State of Texas My Commission expires: EXHIBIT “A” TO PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COPPELL AND THE EDINBURGH GROUP, INC.: PAGE 12 (KBL:3/19/12:52763) SIGNED AND AGREED on this _____ day of __________________, 2012. THE EDINBURGH GROUP, INC. D/B/A AMCAT, a Texas corporation By: Emmett E. Kennedy, President AMCAT’s Acknowledgment STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of _______________________, 2012, Emmett E. Kennedy, President of The Edinburgh Group, Inc., d/b/a AMCAT, a Texas corporation, on behalf of said corporation. Notary Public, State of Texas Printed Name:______________________________ My Commission expires: _______________________________ EXHIBIT “A” TO PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COPPELL AND THE EDINBURGH GROUP, INC.: PAGE 13 (KBL:3/19/12:52763) EXHIBIT A COPY OF ORDINANCE NO. _____ ESTABLISHING PD-253-H ITEM # 5 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1255-C, The Learning Experience P&Z HEARING DATE: January 19, 2012 (This public hearing was closed and case continued to February 16, 2012—see comments under “DISCUSSION”) C.C. HEARING DATE: February 14, 2012 (March 27, 2012) STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: 123 East Sandy Lake Road SIZE OF AREA: .94 acres of property CURRENT ZONING: C (Commercial) REQUEST: A zoning change to S-1255-C (Special Use Permit-1255-Commercial), to permit an approximate 11,000-square-foot day care to be located within the existing two- story building, removal of a portion of the parking lot to accommodate the addition of a 5,150-square-foot outdoor play area with a rubber surface. APPLICANT: Owner Architect Peter Buell/3B Developers LLC Bob Anderson 14175 Proton Road Plan Solutions Architects Dallas, TX 75244 400 E. Royal Lane, Suite 213 (214) 794-3722 Irving, TX. 75039 Email: pbuell@elfainstall.com (972) 373-9999 Fax: (972) 373-9001 Email: bob@plansolutions.net HISTORY: This property was developed with a two-story office building approximately three years ago, and has been vacant since completion. Although several attempts to occupy the building were undertaken, no contract for occupancy was ever accomplished, hence, the request for this rezoning application. ITEM # 5 Page 2 of 3 TRANSPORTATION: Sandy Lake Road is an improved, concrete, four-lane divided thoroughfare built to standard, within a 90-foot right of way. SURROUNDING LAND USE & ZONING: North: Commercial and Single-Family; Town Center (TC) and Planned Dev. 116- SF-7 (PD-116-SF-7) South: Single family residential; (SF-7) East: Single family residential; (SF-7) West: Commercial; (PD-209-R4) COMPREHENSIVE PLAN: The Comprehensive Plan of March 2011, shows the property as suitable for urban residential neighborhood and residential neighborhood. DISCUSSION: As pointed out in the HISTORY section of our staff report, this building was constructed some time ago, and has remained vacant since completion. Although several attempts were made to occupy it, those efforts failed and the structure remains with no tenants. We have been approached by the property owner who has a potential tenant wishing to occupy the entire building with a day care facility. As staff understands, this is a national company that looks for these types of buildings and transforms them to day cares. We have been advised that this company has over 160 facilities spread throughout the country. Although the exterior of the building will remain intact, changes to the site plan include the addition of a new, six-foot high TREX fence at the rear of the building enclosing the play area, removal of eight parking spaces to be replaced with a poured-in- place rubberized material within the requested fenced area for play space, new curbing, a sign package, and construction of a trash bin. Generally we require a circular drive for day care users, but that recommendation is handled on a case- by-case basis. Therefore, we are very much interested in how this facility will address that issue. Parking requirements are one parking space for each ten students. In addition, the application indicates 20 staff positions (which generally means 20 parking spaces), and with 183 student positions, that totals 38 parking spaces. The plan shows 39 total spaces, and we have some concern that enough parking is being provided. To quell that concern, the applicant has indicated that the facility is used on a sliding arrival schedule. That schedule could modify our concerns, but the applicant needs to explain how that arrival schedule actually works—what determines number of children per time schedule, is the schedule based upon age specific data, how and where children enter the building, what happens if all parking spaces are taken, etc. In that this use is generally compatible with the neighborhood, it would occupy an existing building that has been vacant for years, does not conflict with the Comprehensive Master Plan, and complies with our regulations relative to Site Plan, parking requirements, and signage; staff can support this use with conditions. On January 19, 2012 the Planning Commission closed the public hearing and continued this case to February 16 in order to give the applicant an ITEM # 5 Page 3 of 3 opportunity to have a representative of The Learning Experience appear before the Commission and explain how the parking, maneuvering and drop off of children will work on this site. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following conditions: 1. Agreement regarding how the traffic drop-off system works to insure no parking/circulation problems. 2. A colored example of the logo 3. Show location of existing trash enclosure (dashed line will suffice) 4. Insure brick used on proposed trash enclosure matches brick on main building (state on Sheet A-2) 5. Dimension overall size of monument sign on Sheet A-2 6. Need as-builts from engineer prior to CO 7. Note: Planning Commission meeting is 1-19, not 1-9 on Sheet A-1 ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Site Plan (Sheet A-1) 2. Trash/Signage Exhibit (Sheet A-2) 3. Photo of proposed screening fence ITEM #8 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-95R-SF-9, Shadow Ridge Estates I, Lot 10, Block A P&Z HEARING DATE: February 16, 2012 C.C. HEARING DATE: March 27, 2012 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: 202 Southern Belle Drive SIZE OF AREA: 0.33 acres CURRENT ZONING: PD-95-SF-9 (Planned Development-95-Single Family-9) REQUEST: A zoning change to PD-95R-SF-9 (Planned Development-95 Revised- Single Family-9), to allow for a 767.5-square-foot garage expansion which encroaches into the required rear yard. APPLICANT: Mr. Jordon Musser 202 Southern Belle Drive Coppell, Texas 75019 (214) 995-5935 (No Fax number) Email: JordonMusser@gmail.com HISTORY: There has been no recent development activity or history on the subject parcel. Other than the original Shadow Ridge Estates subdivision which was developed in the mid 1980’s, no additional activity has taken place on this lot. TRANSPORTATION: Southern Belle Drive is a local, residential, concrete street with 27 feet of pavement width built within a 50-foot right-of-way. SURROUNDING LAND USE & ZONING: North: Single family detached residential homes; SF-12 ITEM #8 Page 2 of 3 South: Single family detached residential homes; PD-95-SF-9 East: Single-family detached residential homes; PD-115-SF-7 West: Single family detached residential homes; PD-95-SF-9 COMPREHENSIVE PLAN: The Comprehensive Plan of March 2011 shows the property as suitable for residential neighborhood uses. DISCUSSION: This is an application by a home owner requesting a change to his Planned Development zoning district by adding a 765 square foot garage addition—roughly 30 feet wide by 25 feet deep--to the rear of his existing house. A portion of that addition extends into a required yard setback, hence, the request to amend the PD. The required setback is 20 feet, and this expansion would extend a portion of the garage into the setback by 10 feet. In discussions with the applicant, we have been advised the existing garage space will continue to be used for auto storage, work on homeowner projects, etc. The new addition will be used for additional storage of the owners’ vehicles, and being 30 feet wide, could accommodate three cars. The new garage will be constructed of brick similar, if not identical, to the existing brick used on the residence. Also, the existing wood gables on the house will be matched on the garage addition, and height of the addition will be 16.5 feet, same height as the existing house. The corner of the addition requiring the PD amendment is 10 feet from an eight-foot high wooden screening fence, the fence is adjacent to an alley to which this home owner has no access, and the closest house across the property line is 35 feet away. We have received comments from adjacent homeowners expressing concern that this addition, if allowed, not turn into a garage offering repair of vehicles that are not the owners. Such an activity is illegal, of course, (running a business in a residential neighborhood). There has also been discussion concerning noise from this property, and again, we have noise standards that can address this concern. Staff has had discussion with the applicant who understands the addition is to be used for his personal use only. Assuming we receive no substantial neighborhood opposition to this proposal, staff is comfortable recommending approval of this request. To heighten comfort level in the neighborhood, we have specifically recommended a condition be included insuring no business activity occurs on the subject property. A note or condition to that effect needs to be added to the submitted Site Plan exhibit. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following conditions: 1. Need a letter from Oncor allowing concrete paving over their easement. 2. A note being added to the SITE PLAN stating this addition is for the sole purpose of adding a garage structure in a residential neighborhood for occupant use only. ITEM #8 Page 3 of 3 ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Site Plan (2 sheets) 2. Letter from Atmos Energy allowing paving of easement 25.0 10.0 13.0 14.8 27.7 44.8 EXTENDED CONCRETE DRIVE 20' SETBACK SMALL TRIANGLE BEYOND 20FT SETBACK(76.8 SQ FT) FENCE TO SECURE BACK YARD REAR PROPERTY LINE SIDE PROPERTY LINE NOTES:1)ADDITION TO BE 30.7 FEET BY 25.0 FEET2)UNDER 24% COVERAGE AFTER RENOVATION3)GARAGE ADDITION IS FOR THE SOLE PURPOSE OF OCCUPANT USE ONLY x x x xLOCATION 25.500 FRONT FRONT ENTRY DOOR WOOD SHUTTERS 16.5 25.500 ADDITION VIEW B-B BRICK ADDITION VIEW A-A 30.700 A A B B SIDING REAR REAR ENTRY DOOR 16X7 GARAGE DOOR 9X7 GARAGE DOOR 6-12 ROOF NOTES:1) ADDITION TO BE 30.7 FEET BY 25.0 FEET ITEM # 9 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT PD-199R6-HC- Zimmer P&Z HEARING DATE: February 16, 2012 C.C. HEARING DATE: March 27, 2012 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: SWC of S.H. 121 and MacArthur Blvd. SIZE OF AREA: 1.37 acres of property CURRENT ZONING: PD-199R5-HC-S-1211R2 (Planned Development-199-Highway Commercial Revision 5-Special Use Permit-1211 Revision 2) REQUEST: A zoning change to PD-199R6-HC-Zimmer (Planned Development-199- Highway Commercial Revision, to revise the Detail Plan to allow a sign with a logo which exceeds 20% of the area of the sign APPLICANT: Cary Moon Zimmer 3301 Matrix Drive, Suite 200 Richardson, Texas 75082 817-296-2895 FAX: 214-774-0511 Cary.moon@zimmer.com HISTORY: On November 14, 2006, Council approved a Site Plan on this tract to allow a 9,300-square-foot retail building replacing a previously approved gas station/convenience store. A Firestone auto repair garage was completed in April of 2007 on the adjacent land. The building on the subject property was completed in July of that year and has been vacant since then. On October 13, 2009, Council approved a PD Amendment and a replat which allowed Lot 4, Block A, to be subdivided into two lots to allow the existing buildings to be on individual lots to permit separate ownership. Since that time Zimmer has purchased this 9,300-square-foot ITEM # 9 Page 2 of 3 building, and is in the process of relocating its headquarters from Richardson to this property. TRANSPORTATION: State Highway 121 frontage road, directly to the north of this parcel, contains three lanes east bound in a variable width right-of-way. MacArthur Boulevard is a P6D Major thoroughfare built to standard with a six-lane divided street contained within a 120-foot right-of-way. SURROUNDING LAND USE AND ZONING: North-SH 121; City of Lewisville South-Bank of Texas; PD-199-R2-HC (Planned Development 199 Revision 2-Highway Commercial) East-office development; City of Lewisville West-Firestone; PD-199R4-HC (Planned Development 199 Revision 4- Highway Commercial) COMPREHENSIVE PLAN: The Comprehensive Plan of March 2011, shows the property as suitable for Freeway Special District uses. DISCUSSION: As discussed in the History Section, this building has been vacant since it was constructed almost five years ago. Zimmer, a medical supply company, has purchased this entire building and is in the process of relocating its headquarters from the City of Richardson. Zimmer will occupy 4,584 square feet, approximately one-half of the building, the remainder of the building will be potential retail lease space. Zimmer has 62.6 linear feet of frontage, allowing for a 62.6 square foot sign. Based on the current Sign Ordinance, this would allow 50.1 square feet of individually mounted letters (black or white) and a 12.5 square foot blue logo. This request is for a 29.3 square foot sign, with a 20- square-foot logo, which is 69 percent of the sign. All other occupants in this retail center (Firestone and Bank of Texas) complied with the sign ordinance, the signs being either black or white, and their logo does not exceed the 20%. In the Vista Point office/tech park to the west, which was a part of the original Planned Development, all the signs are black, have individually mounted letters, with various logos. While we welcome Zimmer to this community, there is no justification to vary the Sign Ordinance, especially considering its visibility, being located at the intersection of SH 121 and MacArthur Boulevard. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending DENIAL of this request. ITEM # 9 Page 3 of 3 ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Location Map 2. Zimmer Company Information 3. Floor Plan 4. Sign Elevation PD-199R6-HC- Zimmer679 E. Highway 121, Suite #130 Request: Detail Plan allow a sign with a logo which exceeds 20% of the area of the sign for Zimmer, Suite 130.All other signs will comply with the City of Coppell Sign Ordinance, as amended. 62’